An Officer of Too Many Banks

Lynn E. Szymoniak, Esq., January 14, 2010
In a few foreclosure cases, judges have noticed that the same individual
appears as an officer of various banks. In several of these cases, the
judges have dismissed the foreclosure actions and ordered that such
actions cannot be refiled unless the foreclosing party presents an Affidavit
with the three-year employment history of the bank “officer.”
In most of these cases, the Bank has never refiled – presumably unable to
explain the issue of the same individual appearing as an officer of many
banks.
The following cases address this issue:
Bank of NY v. Mulligan, 2008 NY Slip Op 31501 (U)(June 3, 2008)
Bank of NY v. Orosco, 2007 NY Slip Op 33818(U)
Deutsche Bank National Trust Co. v. Castellanos, 2008 NY Slip Op 50033(U)
HSBC Bank, N.A. v. Cherry, 2007 NY Slip Op 52378 (U), 18 Misc 3d 1102 (A)
Deutsche Bank National Trust Company v. Rose Harris, Index No.
35549/07, Supreme Court of NY (Brooklyn), February 5, 2008
HSBC Bank USA v. Perboo, 2008 NY Slip Op 51385 (U), 20 Misc 3d 1117(A):
DUAL EMPLOYEES
An individual who falsely claims to be a bank officer – that is, who acts
without the authorization of the bank – commits fraud. Because mortgage
assignments are sent repeatedly through the U.S. Mail, the fraud becomes
the federal offense of mail fraud. If a bank has actually authorized nonemployees
to use the title of Vice President of the bank on mortgage
assignments, other issues arise. Banks are highly regulated, as are bank
relations with affiliated companies.
CONCLUSION
In thousands of foreclosure cases, key documents may have been
fabricated by employees of mortgage servicing companies who have
falsely held themselves out as bank officers. Because most foreclosures
are the result of defaults, the validity of these assignments has most often
gone unchallenged. Almost three million U.S. properties were involved in
some form of foreclosure action in 2009, a 44% increase from the end of
2008 to the end of 2009. In 2010, the issue of the validity of Assignment
is likely to finally come under examination by regulators, courts, lawyers
and distressed homeowners

ALSO SEE:

Foreclosure Fraud – Guide to Looking Up Public Records for Fraud

Full Deposition of the Infamous Erica Johnson Seck

Comments
19 Responses to “An Officer of Too Many Banks”
  1. frontncenter says:

    It’s interesting Thomas J Holthus from McCarthy & Holthus was mentioned specifically in the reply post by “Angry & Not Taking It.”

    I found Thomas J Holthus also sits as Vice Chairman of Cornerstone Bank…., his families business Bank. And people have received letters from McCarthy & Holthus, specifically saying that “in order to reinstate their loans, they need to send money to Cornerstone Bank.”

    Can you say, RICO!!! Interpol is going to have a field day with those ass clowns. Attacking Americans and stealing their homes has certainly pissed a lot of people off.

  2. Who cares if it’s 2 million or 200 million.. It’s still fraud.. Justice has a long arm..

  3. bushnell complaint says:

    http://www.bushnellcomplaint.blogspot.com/

    Please visit this blog. Important new information concerning a TRO granted in the State of California in reference to wrongful foreclosure by Fremont, Litton (Goldman Sachs)

  4. The Equitable One says:

    The largest player in the illegitimate creation of these forged and fabricated assignments of mortgage appears to be Fidelity Information Services (Fidelity, or FIS). Fidelity has been abosrbed, or spun off, and is now known as Lender Processing Services (LPS).

    At one point many/most assignments were emanating from its Mendota Heights Minnesota office. Many now are being generated out of an Alphretta Georgia office of a company called DOCX. A google search pulls up a link to such and in clicking on it it connects directly to an LPS website:

    http://www.docx.com/

    Fidelity/LPS is ultimately still behind these illegitimate documents.

    Dates that don’t “add up,” defective chain of assignments, defective chain of title, forged signatures of both the alleged “officer” and notary… Even when making courts aware of the numerous issues and defects it is a rare instance the court gives a hoot and rules either in favor of a borrower/homeowner/defendant or in accordance with the facts and the law.

    I believe there are some important elements to a free society. 2 of the key elements in my mind are 1) access to fair courts and judicial processes and 2) right to property. Both of these are threatened at present. The courts continue to turn a blind eye to the practices of plaintiffs in foreclosure cases, such practices creating potentially immediate and fatal title defects.

    So “they” take your stuff away (and en masse as numbers of foreclosures have been extremely high the past few years) but what they end up with is so defective in title it has been rendered both unsaleable and unownable (yeah, I just made that one up, LOL).

    These are among my observations, and conclusions. Draw your own.

  5. MARIO KENNY says:

    but this is just a few of millions

    • angry & NOT TAKING IT says:

      The weasel lineup

      IT’S WRITTEN IN WEASEL, SO GET OUT YOUR DICTIONARY OF WEASELEASE….

      note – read at the bottom of this post for “some weasel name dropping” the real rats ,that
      many of you will recognize some of these vermin from your own experiences of infestation..

      “FNF”-Fidelity National Financial, Inc.
      “FIS”-Fidelity National Information Services, Inc.
      “LPS” Lender Processing Services, Inc.

      the evolution of infestation

      1848
      Western Title Insurance Company (now Fidelity National Title Insurance Company of California) traced its origin to C.V. Gillespie (founder), a notary public and searcher of records in San Francisco.

      1906
      At the time of the San Francisco earthquake and fire, employees of Western Title Insurance Company and their wives were credited with saving the title plant and other valuable records of the company.

      1920
      The original Western Title Insurance Company was formed.

      1961
      Fidelity National Title Insurance Company (FNTIC), a Nebraska corporation, received a certificate of authority and began doing business in Nebraska.

      1980
      FNTIC acquired the assets of a small underwriter in Tucson, Arizona. It was at this time that the Company’s current principals were first affiliated with FNTIC.

      1981
      FNTIC, with agency operations in the Arizona counties of Maricopa and Pima, was purchased from CIGNA. FNTIC was ranked 48th in the country among title insurance companies with revenue of $6.2 million.
      Corporate offices for FNTIC were moved from Denver, Colorado, to Scottsdale, Arizona.

      1984
      Controlling interest of FNTIC was sold to Fidelity National Financial, Inc. (“Fidelity” or the “Company”), its present holding company. William P. Foley, II, became President and Chairman of the Board.

      1985
      The Securities and Exchange Commission approved the sale of Fidelity’s stock to the employees of its various subsidiaries. Fidelity became the nation’s first and only employee-owned title insurance underwriter.

      1987
      Fidelity began trading on the American Stock Exchange under the symbol FNF.
      Fidelity Acquired Western Title Insurance Company.
      Fidelity moved corporate headquarters from Scottsdale, Arizona, to Irvine, California.

      1989
      Fidelity acquired Western Title in Portland, Oregon.
      Fidelity purchased an El Paso-based title agency, which represented Fidelity’s first direct title operation within the state of Texas.

      1991
      Fidelity established Premier Lenders, a concept unique to the title industry. All title work for lenders in the California counties of Los Angeles, Orange, Riverside, San Bernardino and San Diego is performed out of one regional office.

      1992
      Fidelity began trading on the New York Stock Exchange under the symbol FNF.
      Fidelity acquires Meridian Title Insurance Company, and Security Title and Guarantee Company, expanding Fidelity’s direct operations base to include Florida, Michigan, Missouri, New Jersey, New York, North Carolina, and Pennsylvania.

      1993
      Fidelity completed its acquisition of Agency Sales and Posting, Arizona Sales and Posting, Inc. and Pente Enterprises, Inc.

      1994
      Fidelity acquired ACS Systems, Inc., a computer software development company to enhance FNTIC’s electronic data interchange through the development and marketing of its trust, escrow and title related software.

      1995
      Fidelity acquires Western Title Company of Washington, creating the opportunity to expand direct operations into Washington.
      Fidelity acquires the accounts receivable and the book of business of World Title Company, formerly in conservatorship. Fidelity acquires 100% of the stock of World Tax Service… enhancing its market position in California.

      1996
      ACS unveiled ExpressNet (now FlexNet), an integrated solution for electronic commerce between back office systems and external service providers, realtors and lenders.
      Fidelity acquired Nations Title Inc, 8th largest title underwriter in the United States, made FNTIC the 4th largest title underwriter in the U.S. and doubled the existing agency base.
      Fidelity acquired Alliance Home Warranty (now Fidelity Home Warranty)
      Fidelity acquired CRM, now Fidelity Tax Service

      1997
      FlexNet™, Fidelity National Lender Express Network, is established as the single source through one interface for bundled services to include title and escrow, tax, credit, flood, foreclosure appraisal, document and recording, and electronic commerce services.
      Fidelity acquired First Title Corporation, a title company with offices throughout the southeastern United States.
      Fidelity acquired three credit reporting companies Ifland Credit Services, Credit Reports, Inc., and Classified Credit Data, Inc. All three have been merged and operate as Fidelity National Credit Services, Inc.
      Fidelity acquired Bron Research, Inc., a flood certification company headquartered in Austin, TX. which now operates as Fidelity National Flood, Inc.
      Fidelity acquired Express Network, Inc., a provider of attorney services such as courier, messenger, courthouse filing, process serving, investigation and reprographics.

      1998
      Fidelity acquired Granite Financial, Inc., an industry consolidator in the small-ticket lease financing market
      Fidelity sold wholly-owned subsidiary ACS to Micro General, Inc. ACS provides software, systems integration and telecommunication services to small to medium size businesses in the real estate industry.
      FNTIC merged with Alamo Title, the ninth largest title insurer in the United States. As a result FNTIC is now the second largest underwriter in Texas.
      Fidelity formed RealEC.com, the first multiple title underwriter alliance for electronic commerce. Fidelity and Stewart Title are the founding and initial members. It is designed to be an open electronic commerce network to order and deliver essential real estate information services in the real estate transaction process.

      1999
      FNF, through Micro General, sponsored and financed a new interest transaction intermediary company called Escrow.com.
      FNF announces its plan to acquire Chicago Title Corp. and its title insurance subsidiaries – Chicago Title, Ticor Title and Security Union Title, thus creating the world’s largest title insurance organization.

      2000
      FNF completes its acquisition of Chicago Title Corp., creating the largest title insurance organization in the world.
      FNF moved into its new corporate headquarters in Santa Barbara, California.
      FlexNet and Chicago Title’s CastleLink operation are merged to form Fidelity National Lender’s Solution – the single solution for mortgage products and services.

      “some weasel name dropping”
      many of you will recognize these vermin from your own experiences of infestation..

      Litton Loan Service hires (outsources) Quality Loan Service to foreclose on homes in California.

      Litton Loan Service problems:
      Transfers title illegally as beneficiary … for example
      Donna Dixon, employee at Litton signs as HSBC Bank
      Marti Noriega, employee at Litton signs as VP of MERS
      These documents are notarized and look very important and official.
      But they are frauds,
      LITTON WAS NEVER BENEFICIARY
      MERS is more often than not is assigned Beneficiary on “security instruments” and “common law trusts” masked as Deeds of Trust and Notes from the Lenders (Fremont in our case)
      These documents are notarized and look very important and official.

      Next, MERS hires Quality Loan Service, (aka McCarthy and Holthus, LLP)
      McCarthy and Holthus are attorneys for HSBC Bank
      McCarthy and Holthus are;

      http://www.qualityclaims.com/about_us.aspx?sect=_partners

      Thomas J. Holthus, Esq.
      Shareholder

      Thomas J. Holthus is the managing partner of the law firm McCarthy Holthus, LLP based in San Diego, California. McCarthy Holthus represents mortgage servicers and lenders in eight Western states. Mr. Holthus has represented financial institutions primarily from a mortgage default perspective for the past 22 years and is an attorney licensed to practice law in the states of California, Nevada and Nebraska. He is a founding member of The National Firm McCarthy, Holthus, Baum Ackerman, LLP and a founding shareholder of Quality Loan Service, which provides default solutions to financial institutions. He also serves on the Board of Directors for Cornerstone Bank N.A., York, NE and California Business Bank, Los Angeles, CA. Mr. Holthus obtained a Bachelor of Science in Economics in Business Administration from Arizona State University and a Juris Doctorate from California Western School of Law, San Diego, California.

      Kevin R. McCarthy, Esq.
      Shareholder

      Kevin R. McCarthy is a partner and attorney of the law firm McCarthy Holthus, LLP based in San Diego, California. He was first admitted to practice law in the State of California in 1990. Mr. McCarthy is a founding shareholder of Quality Loan Services, and member of the California State Bar, as well as the California and Arizona Federal District Courts. In addition, he is also a member of the California State Bar Association Real Property Law Section, MBA Legal Affairs Committee, United Trustee Association, Arizona Trustee’s Association, as well as the California Mortgage Banker’s Association and Southern California Mortgage Banker’s Association. Mr. McCarthy has written articles for publication in various trade newsletters and has spoken or chaired at various seminars for industry associations

      Bill De Ridder (aka William De Ridder, Quality Loan Service expired business license on record at the Dept of Real Estate)
      Broker
      Tri-Coast Real Estate and Mortgage
      619 667-3377
      4711 3rd Street
      La Mesa, California 919141
      Bill@Tri-CoastMortgage.com

      Except as otherwise indicated or unless the context otherwise requires, all references to “LPS,” “we,” the
      “Company,” or the “registrant” are to Lender Processing Services, Inc., a Delaware corporation that was
      incorporated in December 2007 as a wholly-owned subsidiary of FIS, and its subsidiaries; all references to “FIS,”
      the “former parent,” or the “holding company” are to Fidelity National Information Services, Inc., a Georgia
      corporation formerly known as Certegy Inc., and its subsidiaries, that owned all of LPS’s shares until July 2, 2008;
      all references to “former FIS” are to Fidelity National Information Services, Inc., a Delaware corporation, and its
      subsidiaries, prior to the Certegy merger described below; all references to “old FNF” are to Fidelity National
      Financial, Inc., a Delaware corporation that owned a majority of former FIS’s shares through November 9, 2006;
      and all references to “FNF” are to Fidelity National Financial, Inc. (formerly known as Fidelity National
      Title Group, Inc.), formerly a subsidiary of old FNF but now a stand-alone company.

      • angry & NOT TAKING IT says:

        i want to keep the chain & record flowing…Boy this river smells BAD!

        1 Response to “WRITTEN IN WEASEL, SO GET OUT YOUR DICTIONARY OF WEASELEASE – FNF, FIS, DOCX, LPS”
        Feed for this Entry Trackback Address
        dinsfla
        February 21, 2010 at 11:38 PM
        Ahh while we are on this lets bring it to another possible discovery…on Email Archives, Docs and More.

        See how AUTONOMY has been in a RUSH to AQUIRE all Email, Doc Achiving Companies. This is owned by an EX Wall Streeter! More on him here http://ftalphaville.ft.com/blog/2009/10/21/78916/autonomy-and-the-city/#comments

        Oh if you read the last sentence …yes this one here

        “Deutsche Bank and Morgan Stanley & Co Limited are acting as financial advisors and, in accordance with Chapter 8 of the Listing Rules, sponsors to Autonomy in relation to the acquisition. Citi is a corporate broker to Autonomy
        Deutsche Bank AG is authorised under German Banking Law (competent authority: BaFin – Federal Financial Supervising Authority) and regulated by the Financial Services Authority for the conduct of UK business. Deutsche Bank AG is acting for Autonomy and no one else in connection with the Acquisition and the Placing and will not be responsible to anyone other than Autonomy for providing the protections afforded to clients of Deutsche Bank nor for providing advice in connection with the Acquisition and Placing.

        Morgan Stanley & Co. Limited, which is authorised and regulated by the Financial Services Authority, is acting exclusively for Autonomy Corporation plc and for no one else in connection with the Acquisition and the Placing and will not be responsible to anyone other than Autonomy Corporation plc for providing the protections afforded to the customers of Morgan Stanley & Co. Limited or for providing advice in relation to the Acquisition and the Placing or any transaction or arrangement referred to herein.

        This announcement does not constitute, or form part of, an offer to sell, or the solicitation of an offer to subscribe for or buy any securities.”

        http://www.autonomy.com/content/News/Releases/2009/0122.en.html
        Buys Zantaz here below
        http://www.informationweek.com/news/software/showArticle.jhtml?articleID=200900127

        They purchased these Archive Companies back in 2007 in record times some being only a few months old.

        Do we think they are buying these to control the Archives of FRAUD…Yes!

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  1. […] to go unopposed the fabricated mortgage assignments, dubious indorsed notes, unauthorized property transfers, and deeply clouded property […]

  2. […] to go unopposed the fabricated mortgage assignments, dubious indorsed notes, unauthorized property transfers, and deeply clouded property […]

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  4. […] to go unopposed the fabricated mortgage assignments, dubious indorsed notes, unauthorized property transfers, and deeply clouded property […]

  5. […] they are somehow, someway involved in the stories and references featured here, here, here, here, here, here, here, here, here, here, here, here, here, here, here, here, here, here, here, or here? Maybe […]

  6. […] they are somehow, someway involved in the stories and references featured here, here, here, here, here, here, here, here, here, here, here, here, here, here, here, here, here, here, here, or here? Maybe […]

  7. […] Georgia, a subsidiary of Lender Processing Servicesin Jacksonville, FL. These are the same “document preparers/officers of too many banks” that prepared and filed Assignments where the grantor or grantee was listed as “Bogus Assignee […]

  8. […] Georgia, a subsidiary of Lender Processing Services in Jacksonville, FL. These are the same “document preparers/officers of too many banks” that prepared and filed Assignments where the grantor or grantee was listed as “Bogus […]

  9. […] to go unopposed the fabricated mortgage assignments, dubious indorsed notes, unauthorized property transfers, and deeply clouded property […]



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