Comments on: Scandalous – Substantiated Allegations of Foreclosure Fraud That Implicates the Florida Attorney General’s Office and The Florida Default Law Group

By: Thomas Perusi

Thomas Perusi — Fri, 22 Apr 2011 22:09:45 +0000

I have been through the same hell as you, Wells Fargo told me I had to go into default to get a loan modification. I was up to date on everything and had paid for 3 years on an interest only loan. I had 3 good short sales which they never intended to work with me on. They always said they lost the paperwork or they would wait after 3 months to get back with you and then your paperwork was out of date and you had to start all over again.
I went through 3 years of hell and a heart attack later and open heart surgery they took my investment made me pay the taxes on the difference from what Wells Fargo bought my condo at auction (why would they if they did not hold the note? Freddie mac did which they never would tell me that. You waste your time talking to Wells Fargo because they just do not care and they want your property at rock bottom prices that is what it comes down to.
The government gives them a bailout and they buy wachovia instead of helping those who came to them for it. I hope they all burn in hell. Now we have to worry about the attorney general office being in cahoots with Florida law group. It cost me 13 grand in taxes for losing $250 grand in payments and money invested in this.
All you see on TV is libia and gas prices, this should be headline news but everyone who has power is in on this and you watch no one will be held accountable. Just go rent inside job the documentary and you have the guilty people right there and nobody has gone to jail. screw this government and how they treat their citizens. I am all done now with my personal hell and want to get over this but I just can’t let go. I can only hope the Florida Attorney generals office is not bought and paid for and we see some kind of justice somewhere somehow.
Vote every incumbent out of office, I mean every politician that is in office now and who has been in office for too long just vote for the new guy and maybe one day they will get the picture and see they work for us.

By: Celeste Rubio

Celeste Rubio — Sat, 29 Jan 2011 21:34:22 +0000

My foreclosure horror started in 2010. Proviously I was, I thought working with Wells Fargo Bank on a modification of my mortgage. In Dec. ’07 I lost my job, due to medical problems, I was unemployed and drawing no income for 6 months. None the less my mortgage was current. Finally in June ’08 I started working; mortgage was still current. In Dec. ’08 I called Wells Fargo to advise them that I would be needing their assistance as I didn’t have an escrow account and up to now I was paying the escrow myself. This, however had changed due to the time I had been unemployed, I had used all my savings to live on and pay the mortgage. They immediately referred me to loss midigation, which started a series of faxing paperwork to them by me. I had to fax them updated hardship letter, paystubs, etc. every month. In March ’09, since they had not helped with the escrow problem I decided to take a HELOC to pay my property taxes and payoff a car loan and some credit cards. I was still faxing paperwork to Wells Fargo. Around May ’09 I received a call from some woman at WF who stated to me that I was put on a payment moritorium for 3 months. Being unfamiliar with this, I asked her to explain and why I was not advised of this via mail. She convinced me that WF had taken this course of action on my behalf in order to allow me to pay down some of my debts with the money I would normally pay my mortgage with,and thereby be more favorable of a modification. I agreed to do it and asked her to mail me something in writing, I’m still waiting for that to this date. This woman never disclosed to me that by taking this offer I would be reported to the credit bureau, sadly I found out this fact when I went to use my credit card to pay my homeowner’s insurance. I was denied, an in fact my credit limits had been reduced on all my cards to what I was owing at that time. In the meantime WF was calling my home and office for the delinquent payments. When I finanlly reach someone at WF and offered to pay at least one month with my tax refund, I was told that in fact it wouldn’t make a difference and that anyway It was better for modification purposes to be past due at least 3 months. Now 18 mos plus in arrears WF served foreclosure papers. I countered with a “motion to dismiss” stating that out the 18 matters sited in the law suit there were 15 errors that needed to be addressed, one of which was for them to provide the original note. I have not heard from anyone from WF or the Florida Default Law Group regarding the motion to dismiss. Don’t they have to answer the motion? I must mentioned that after they served me with foreclosure, WF was still asking me to fax my paperwork for the modification. Doesn’t one department know what the other is doing. Needless to say they denied me for a modification due to the fact that I don’t make enough money, which they could have told me back in March of ’09. I wouldn’t have accepted their payment moritorium and I would have never been delinquent. Isn’t there something I can do? I recently had to be hospitalized with chest pains due to the stress waiting for the next shoe to drop. Wells Fargo essentially misrepresented themselves to me and didn’t properly disclosed to me what the consequences would be accepting their payment moritorium. I have been in banking for over 35 years, and if we did this to a customer, the federal goverment would scream bloody murder. I am 63 years old, the likehood of getting an apartment in a decent neighborhood at a reasonable rent is next to impossible. I have been in this home for 35 years, I am divorced and have a son living with me that is disabled, who is currently going through the long and dragged out process of Social Security Disability. I read in the Broomberg report that Wells Fargo recently had a judge rule against them in a case in Massechuetts, is there anyone out there that knows where I can get information on this. I am not giving up my home without a fight. Need help in Homestead Florida against Wells Fargo Home Finance, my email is brianrubio58@yahoo.com thank you.

By: ROSA E GARCIA

ROSA E GARCIA — Fri, 17 Dec 2010 13:12:16 +0000

I had my house in orlando fl. and last year passed into the hands of Litton Loan Bank Mortgages do not understand because he was working with them a loan modification, the overnight without giving me chance kept the house, the explanation I got was that they never his department roles, I wonder, in the execution papers they sent me to say where they were in for because I never received any papers sent his lawyers, according to them, they also say that I visited the house when they themselves knew that this property was a second property and all documentation should be sent to Puerto Rico, also on one occasion, the operator told me that they did not send the documents out of using them tells me they should know because I buy property through First Franklin Loan Serving in Florida and I had no problem being with principal residence in Puerto Rico, then moved to Aames Home Loan, who in turn sold to Avelon Mortgage and is finally sold Litton Loan Mortgage which run the property without contemplating any . After a year I happened to hear about these performances would have bogus
the possibility that my case was equal to this case. Please I need the guidance of someone. 12/17/2010

By: Ed LaBrosse

Ed LaBrosse — Tue, 07 Dec 2010 19:03:17 +0000

I am very interested with this comment and your recommendation of the local consumers of america
any more information or help??

Ed L.

By: Foreclosure Fraud of the Week – Poor Photoshop Skills « Foreclosure Fraud – Fighting Foreclosure Fraud by Sharing the Knowledge

Mon, 15 Nov 2010 03:03:56 +0000

[...] it a Pleading, a BOGUS Assignment, a Fabricated Note, a Forgery, or an Assistant Attorney General that works for both the AG Office and a Foreclosure Mill at the same [...]

By: Sonja Mitchell

Sonja Mitchell — Fri, 12 Nov 2010 02:25:52 +0000

Written in 1999. MERS foreclosure procedural instructions for Florida

MERS Recommended Foreclosure Procedures for

FLORIDA

Version 1.1, 11 November 1999

Foreclosing a loan in the name of Mortgage Electronic Registration Systems, Inc. is something new in the foreclosure arena. However, when the role of MERS is examined, it becomes clear that MERS stands in the same position to foreclose as the servicer. MERS, like the servicer, will be the mortgagee of record. It is the mortgage that gives MERS the authority to foreclose.

To help make a smooth transition from foreclosing loans in the name of the servicer to foreclosing loans in the name of MERS, we have developed state by state recommended guidelines to follow. These guidelines were developed in conjunction with experienced foreclosure counsel in your state. We have been able to keep the MERS recommended procedures consistent with the existing foreclosure procedures. The goal of the recommended procedures is to avoid adding any extra steps or incurring any additional taxes or costs by foreclosing in the name of MERS instead of the servicer.

MERS will continually review the guidelines and, if necessary, will issue revisions. The recommended guidelines to follow in your state are as follows:

Mortgages are typically used and are foreclosed judicially. MERS local counsel advises that a loan can be foreclosed in the name of MERS. When MERS has been assigned the mortgage, the caption of the complaint should state Mortgage Electronic Registration Systems, Inc. as the plaintiff. However, this changes slightly if MERS is the original mortgagee of record, meaning that MERS is named on the mortgage in a nominee capacity for the originating lender. The caption should then state Mortgage Electronic Registration Systems, Inc. as nominee for [insert name of the current servicer]. The key is how MERS is named as the mortgagee of record.

The body of the complaint should be the same as when foreclosing in the name of the servicer. MERS stands in the same shoes as the servicer to the extent that it is not the beneficial owner of the promissory note. An investor, typically a secondary market investor, will be the ultimate owner of the note.1

The agencies (Fannie Mae, Freddie Mac and Ginnie Mae) require a blank endorsement of the promissory note when the seller/servicer sells a mortgage loan to them. Therefore, the note should remain endorsed in blank when the foreclosure is commenced unless it is legally required to be endorsed to the foreclosing entity and not just the preferred method. If it is required to endorse the promissory note to the foreclosing entity, then the note may need to be endorsed to MERS. However, we have not found it a requirement in Florida that the Note needs to be endorsed to the foreclosing entity.2

Employees of the servicer will be certifying officers of MERS. This means they are authorized to sign any necessary documents as an officer of MERS. The certifying officer is granted this power by a corporate resolution from MERS. In other words, the same individual that signs the documents for the servicer will continue to sign the documents, but now as an officer of MERS.

After a foreclosure judgment to MERS is entered, a public sale is held. The Plaintiff (MERS) has the option of assigning the foreclosure bid either prior to the foreclosure sale or in the ten (10) day period between the sale and the issuance of the Certificate of Title. The assignment is done with a motion filed with the court, and a court order is entered. If the bid is assigned, the certificate of title is issued directly to the assignee. This is the same method that is used when the servicer forecloses in its own name. Because the MERS recommended procedure follows the same procedure that is used when the servicer foreclosures in its name, no additional recording or transfer taxes are incurred by foreclosing in the name of MERS.

Evictions are handled the same way they are handled when the servicer commences the foreclosure as the foreclosing entity. If it is an FHA-insured loan and an eviction is necessary, then the bid assignment is given to the servicer instead of to HUD. This way, the servicer will proceed with the eviction the same way it would if the foreclosure were filed in its own name.

If the debtor declares bankruptcy, then proof of claim should be filed jointly in the name of Mortgage Electronic Registration Systems, Inc. and the servicer. It is advised to file in both names in order to disclose to the court the relationship of MERS and the servicer. The address to be used is the servicer’s address so that all trustee payments go directly to the servicer, not to MERS. The Motion for Relief from Stay may be filed either solely in the name of MERS or jointly with the servicer. If MERS is the foreclosing entity, then it is MERS that needs the relief from the bankruptcy.

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1 Even though the servicer has physical custody of the note, custom in the mortgage industry is that the investor (Fannie Mae, Freddie Mac, Ginnie Mae or a private investor) owns the beneficial rights to the promissory note.

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2 If the promissory note is endorsed in blank and the servicer has physical custody of the note, the servicer will technically be the note holder as well as the record mortgage holder. By virtue of having the servicer’s employees be certifying officers of MERS, there can be an in-house transfer of possession of the note so that MERS is considered the note holder for purposes of foreclosing the loan.

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By: Full Deposition of Bryan Bly of Nationwide Title Clearing « Foreclosure Fraud – Fighting Foreclosure Fraud by Sharing the Knowledge

Mon, 08 Nov 2010 18:00:09 +0000

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By: KABOOOOOOOOM – Full Video Deposition of Crystal Moore of Nationwide Title Clearing « Foreclosure Fraud – Fighting Foreclosure Fraud by Sharing the Knowledge

Mon, 08 Nov 2010 03:01:28 +0000

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By: Bout Time – AG’s Office Reprimands Erin Cullaro for “Foreclosure Mill” Work « Foreclosure Fraud – Fighting Foreclosure Fraud by Sharing the Knowledge

Thu, 21 Oct 2010 18:23:28 +0000

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By: MK

MK — Fri, 08 Oct 2010 22:47:11 +0000

Google “The Dixie Mafia” and read the stories written by John Caylor about what he found going on in Florida and what they did to his mother for his honesty.