Jul 25, 2011

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46278738-Florida-Attorney-General-Fraudclosure-Report-Unfair-Deceptive-and-Unconscionable-Acts-in-Foreclosure-Cases

A story of fraud, forgery,  fabrication and maybe crime and punishment…

Every lawyer, homeowner, consumer, taxpayer and judge should read and study this. Then they should research each category and satisfy themselves that the situation is even worse than what is presented in the excellent piece of work. In a word, stop talking about a free house and start looking at who is getting the free house. Every time another foreclosure takes place investors all over the world are getting screwed along with the homeowners who are in foreclosure, going to be in foreclosure who just want to be able to sell their house like normal folks.

Topics of Interest:

Slide 3: Delinquency & Foreclosure Rates 2006-2010

Slide 7: The History of Mortgages in America

Slide 10: The Travels of a RMBS bundle

Slide 11: When it doesn’t work quite right . . .

Slide 14: Keep in mind these are some of the largest banks in the country . . . losing ownership paperwork!!

Slide 15: The key to the problems regarding foreclosures of mortgages are the ASSIGNMENTS of mortgage.

Slide 17: What if there is no valid assignment?

Slide 18: If the mortgage is not properly assigned….
the result is chaos.

Slide 19: The Paperwork in Securitization Process

Slide 20: Sample Assignment of Mortgage

Slide 21 & 23-24: Execution of the Assignments

Slide 22: Limited Power of Attorney

Slide 25: Fraudulent Practices come in all shapes and sizes

Robo-signers Fake witnesses Fake notaries Fake documents False affidavits

Slide 26: Problems with Assignments

Slide 27-34: Forgeries in Assignments

Slide 35: A Few of Linda Green’s Many Job Titles

Slide 36: Scott Anderson, Ocwen Employee

Slide 37: Forgeries by Mortgage Servicers

Slide 39: Forgeries in Other Documents

Slide 42-46: Examples of Bogus Documents

Slide 47: Assignment of Mortgage

Slide 48: Corrective Assignment of Mortgage

Slide 49: Filing Lis Pendens Without Standing

Slide 50: Assignments After Lis Pendens

Slide 53: Affidavit of Amounts Due

Slide 55: Withdrawal of Affidavits of Amounts Due

Slide 60: Stamped signature on Assignment of Mortgage

Slide 63-65: Affidavit of Correction due to assignment of a mortgage that had been fully paid (St. Lucie Co.)

Slide 68: Assignment for Defunct Assignee

Slide 69: American Brokers Conduit BANKRUPT

Slide 70: Assignment by a defunct institution

Slide 71: IndyMac, out of business CLOSED July 2008

Slide 74: Notary Issues

Slides 75-77: Impossible Notaries- Stamps are only good for four years in Florida

Slide 90: Misuse of Falsified Assignments

 Improper assignments were recorded in the county land records offices
 Improper assignments were submitted to the Court in support of foreclosure motions
 Improper assignments were accepted by the Court as valid assignments that substantiated the foreclosure
 Homeowners were foreclosed upon based upon falsified assignments, by a bank who was not the true holder of the note.
 If the foreclosure judgment is obtained by a bank that does not hold the note, then the homeowner risks a second lawsuit by the real note holder, and possibly a having a second judgment against them on one property.

Slide 93: Notices to Court of Improper Affidavits

Slide 98: Solutions for Foreclosures in Florida???

 Any solution must include:
 Assuring the integrity to the judicial foreclosure process  Documents submitted must be true and accurate  Affidavits must be proper in substance and form  Assignments must be properly executed and accurate
 Due process rights to the foreclosed homeowners  Proper service of process on the homeowner  Proper standing to sue by the plaintiff Bank  Substantive review of paperwork prior to foreclosure
 Foreclosures will have to go forward and there will be many more next year, but they need to done within the law.