KABOOM – Georgia Foreclosure Fraud Class Action – Georgia Residents v Georgia Foreclosure Fraudsters

Foreclosure Mill Law Firm Accused of Fraud, Racketeering

See also:

LINK – More Georgia Foreclosure Fraud – Prosecutors Probe Counterfeit Notary Seal from Prommis Solutions

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LINK – Georgia’s Version of David J. Stern and Friends? – McCalla Raymer, Charles Troy Crouse and Prommis Solutions

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Click Through to View

And now for the complaint…

WENDY N. JENKINS, ELEANOR

SPRATLIN CRAWFORD, each Plaintiff

individually, and on behalf of all Georgia

residents similarly situated.
Plaintiffs,

vs.

McCALLA RAYMER, LLC, THOMAS A.

SEARS, ESQ., INDIVIDUALLY, AS AN

OFFICER OF MORTGAGE ELECTRONIC

REGISTRATION SYSTEMS, INC, AS AN

OFFICER OF WELLS FARGO, AND AS

AN EMPLOYEE OF McCALLA RAYMER

CHARLES TROY CRO– USE, ESQ., aka C.

TROY CRO– USE ESQ., INDIVIDUALLY,

AS AN OFFICER OF MORTGAGE

ELECTRONIC REGISTRATION

SYSTEMS, INC, AS AN OFFICER OF

WELLS FARGO AND AS AN EMPLOYEE

OF McCALLA RAYMER, MERSCORP

INC., BANK OF AMERICA, N.A., BAC

HOME LOANS SERVICING, LP., fka

COUNTRYWIDE HOME LOANS

SERVICING, LP.,WELLS FARGO BANK,

N.A., PROMMIS SOLUTIONS, LLC.,

PROMMIS SOLUTIONS HOLDING INC.,

GREAT HILL PARTNERS, INC.,

MORTGAGE ELECTRONIC

REGISTRATION SYSYTEMS INC.

AMERICA’S SERVICING COMPANY,

TAYLOR BEAN &WHITAKER,

CRYSTAL WILDER, INDIVIDUALLY,

AS NOTARY PUBLIC AND AS AN

EMPLOYEE OF McCALLA RAYMER,

ELIZABETH LOFARO, INDIVIDUALLY,

AS NOTARY PUBLIC AND AS AN

EMPLOYEE OF McCALLA RAYMER,

CHIQUITA RAGLIN, INDIVIDUALLY,

AS NOTARY PUBLIC AND AS AN

EMPLOYEE OF McCALLA RAYMER,

VICTORIA MARIE ALLEN,

INDIVIDUALLY, AS NOTARY PUBLIC

AND AS AN EMPLOYEE OF McCALLA

RAYMER, IRIS GISELLA BEY,

INDIVIDUALLY, AS NOTARY PUBLIC

AND AS AN EMPLOYEE OF McCALLA

RAYMER, JAMELA REYNOLDS,

INDIVIDUALLY, AS NOTARY PUBLIC

AND AS AN EMPLOYEE OF McCALLA

RAYMER AND LATASHA DANIEL,

INDIVIDUALLY, AS NOTARY PUBLIC

AND AS AN EMPLOYEE OF McCALLA

RAYMER

Defendants.

INTRODUCTION:

  1. In this Class Action Complaint, Plaintiff(s) seek, inter alia, the injunction of various foreclosure and eviction proceedings, for themselves and other similarly situated, based upon the Defendant’s routine failure to comply with statutory prerequisites to foreclosure. Plaintiffs and the class they seek to represent also seek a determination of the validity of foreclosure sales held in violation of statutory requirements, together with damages and other relief.
  2. Georgia has longstanding, statutorily prescribed non-judicial procedures by Power of Sale with minimal consumer protections for homeowners. O.C.G.A. § 44-14-162 et seq. Homes are routinely foreclosed upon pursuant to the statutory Power of Sale without a pre-foreclosure hearing.
  3. The law is clear, however, that entities foreclosing upon homeowners must strictly comply with Georgia’s statutory prerequisites to foreclosure. O.C.G.A. § 23-2-114. Among other things, it is black letter law that the entity seeking to foreclose must have actual legal authority to exercise the Power of Sale.
  4. In recent years, many foreclosing entities, including Defendants have dispensed with this fundamental requirement. Such entities foreclose, through their Counsel, without having first obtained proper and legally valid assignment of the mortgage and the power of sale on property they purport to foreclose.
  5. Georgia’s foreclosure process has become an undisciplined and lawless rush to seize homes. Many thousands of foreclosures are plainly void under statute and Georgia case law. Many borrowers never obtain accurate statutorily required notices, have flawed and fraudulently created assignments of title and thus are sold and, sometimes, resold without a proper chain of title.
  6. Plaintiffs in this matter seek relief for the Defendant’s wrongful foreclosure practices and actions. They seek declaratory and injunctive relief concerning foreclosures conducted by entities who do not hold the Power of Sale, injunction of eviction action pending procedures to verify the validity of underlying sales, injunction of upcoming sales where there is no proof of assignment, cancellation of fees and costs for invalid sales processes and damages.
  7. Plaintiffs seek such relief on their own behalf and on behalf of all Georgia property owners similarly situated.

 

FIRST CA– USE OF ACTION

WRONGFUL FORECLOSURE


SECOND CA– USE OF ACTION

WIRE FRAUD

 

THIRD CA– USE OF ACTION

RESPA VIOLATION


FOURTH CA– USE OF ACTION

Violation of the Fair Debt Collection Practices Act (“FDCPA”)


FIFTH CA– USE OF ACTION

CIVIL CONSPRIACY AND FRAUD (MERSCORP and MERS, Inc.)


SIXTH CA– USE OF ACTION

ILLEGAL FEE SPLITTING AND UNAUTHORIZED

PRACTICE OF LAW


SEVENTH CA– USE OF ACTION

(Great Hill Partners, Inc. and Prommis Solutions, Inc.)


EIGHTH CA– USE OF ACTION

RICO VIOLATIONS


NINTH CA– USE OF ACTION

DAMAGES


COUNT TEN- PUNITIVE DAMAGES

Full complaint below…

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4closureFraud.org


I sure could use some…

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Georgia Foreclosure Fraud Class Action – Georgia Residents v Georgia Foreclosure Fraudsters

Comments
23 Responses to “KABOOM – Georgia Foreclosure Fraud Class Action – Georgia Residents v Georgia Foreclosure Fraudsters”
  1. randy barnett says:

    i was forced into foreclosure by boa and tryed to resovle the problem after five days of getting a letter i was locked out of my home some one help what can i do

  2. Karen Soules says:

    I have just come across this while looking for any class action suit involving Bank of America, N.A. and their loan modification sham. I got a letter in the mail from a law firm? stating that my home is in foreclosure now, but there is no case number provided and they won’t call me back on it. Meanwhile, suspecting shady activity from Bank of America on my modification application, I sent BofA a Qualified Written Request asking them for information on the modification because I had provided them with everything they asked for but heard nothing from them. I just got a denial in the mail stating I didn’t provide all the documents, which I did and have fax confirmations to prove it. I am near hysteria, going through a divorce, struggling with two disabilities, little food – I’m sure, the same as what most are experiencing – and I don’t know where to turn or who to contact. Do you have any suggestions on where I can go or who I can turn to?

  3. Mike says:

    Geez. I was just reading a bit farther down into that Fannie Mae memo that I linked above, and it also addresses MERS. This seems like a big deal, too. (But this memo is old–it’s from August.) I wonder if Freddie Mac is saying the same thing…..

    https://www.efanniemae.com/sf/guides/ssg/annltrs/pdf/2010/svc1010.pdf

    ***********
    “Announcement SVC-2010-05, Miscellaneous Servicing Policy Changes, provided that effective with foreclosures referred on or after May 1, 2010, MERS must not be named as a plaintiff in any foreclosure action, whether judicial or non-judicial, on a mortgage loan owned or securitized by Fannie Mae. The Announcement further stated that the assignment from MERS to either the servicer or Fannie Mae must be recorded before the foreclosure begins.
    Fannie Mae is clarifying the requirement that the assignment from MERS to the servicer or Fannie Mae be recorded before the foreclosure begins in certain circumstances as set forth below. This revised guidance replaces in its entirety that set forth in Announcement SVC-2010-05.

    Effective May 1, 2010, MERS must not be named as a plaintiff or foreclosing party in any foreclosure action, whether judicial or non-judicial, on a mortgage loan owned or securitized by Fannie Mae. When MERS is the mortgagee of record, the servicer must prepare an assignment from MERS to the servicer and bring the foreclosure in its own name unless Fannie Mae specifically allows the foreclosure to be brought in the name of Fannie Mae. In that event, the assignment must be from MERS to Fannie Mae, in care of the servicer at the servicer’s address for receipt of notices. The assignment must be prepared and executed before the foreclosure begins.” (SEE my link to the actual memo to read the rest of the exceptions, stipulations etc.)

    *********
    So…..we don’t have problem with that whole assignment being made from MERS to the servicer thing? Two entities who don’t own the loan assigning the loan. That’s okay? Who says that’s okay? That’s not okay.

  4. Mike says:

    I just stumbled upon this memo from Fannie Mae that was written in August. If I am reading it correctly, Fannie seems to be (basically) cutting out the intermediaries. (Like LPS and Prommis.) If that is the case–it is going to be very hard for the foreclosure mills to continue to make money on foreclosures. Foreclosure mills are only set up to do these foreclosures via the MSPs (mortgage servicing platforms) that are offered through companies like LPS and Prommis.

    Will someone else take a look at this to see if I am misunderstanding this? Isn’t this a really big deal?

    https://www.efanniemae.com/sf/guides/ssg/annltrs/pdf/2010/svc1010.pdf

    (Here is a portion of the memo):

    “Effective September 1, 2010, Fannie Mae is imposing a limit of $25.00 per loan for the life of a default (including all portions of the foreclosure and bankruptcy process) that any attorney or trustee handling a Fannie Mae mortgage loan may pay for technology charges. This amount is not to be charged as a cost to the borrower and will not be reimbursed by Fannie Mae.
    In addition, effective September 1, 2010, the maximum amount any attorney or trustee handling a Fannie Mae mortgage loan may pay for the submission of electronic invoices is limited to $10.00 for the life of the loan, regardless of the number of reinstatements, foreclosure referrals, bankruptcy filings or invoices submitted. The maximum fee is $5.00 for the submission of electronic invoices relating to a foreclosure (regardless of the number of invoices) and an additional $5.00 for the submission of electronic invoices if a bankruptcy is filed on the same loan (regardless of the number of invoices). These fees are not to be charged as a cost to the borrower and will not be reimbursed by Fannie Mae.
    Any amounts charged by third-party vendors for technology charges or electronic invoice submission in excess of these limitations are the responsibility of the servicer and will not be reimbursed by Fannie Mae.”

  5. Flex says:

    Californians,
    This is our chance to learn how a non-judicial state fights back. Georgia like California is a non-judicial state and therefore, the banks don’t have to take you to court, due to a clause in the Deed of Trust, called the “Power of Sale”. You may need to do some research as far as the laws in California or consult with an experience Attorney regarding property law.
    I suggest to read this story and download the case. Study it to its entirety and develop a plan of attack against the banksters and their law firms along with their foreclosure mills. There are plenty of evidence out there already and as the story develops is building momentum. I have not heard of many cases in California for the last couple of years. People are getting the confidence to suit the servicer, the lender, or anyone who is taking their homes illegally.
    Many developments are coming in the next few weeks, specially after the hearings that are scheduled this month. Many law suits are also coming against many banks and possibly Title companies for issuing clean titles to lenders that foreclosed millions of homes in the last 3 years illegally.
    I heard only of one case last week of a TRO, Temporary Restraining Order. This is not a milestone, but just a start of a new trend. Look out for more information about this case as it develops. Good luck and God Bless!

  6. mAGGIE SIMI says:

    UNFREAKKINREAL

  7. N24REAL says:

    I have been writing to Jim Strickland for 3 years now about this. He just blew me off everytime. I have been calling the attorney general about this for 3 years. Seems no one wants to listen to me about this. I REALLY don’t think they have uncovered anything…..they have been hiding and covering up for the last 3 years!!

    • ForensicMortgageExaminers says:

      Jim followed up on a “tip”… I know who gave it to him. He saw a story because he was handed recorded documents, proof positive, that something fraudulent had occurred, to more than just one person… and it was timed right…. he was given information that he could use during sweeps… if you want the media to do something for you, you’ve gotta give them something that’s good for them as well.

      We all want the media to be altruistic, but they are not. It’s all about ratings, how many people will flock to the story and how it can help them. If it helps you too, that’s great and they are happy to do it. BUT… bottom line, it’s what the “story” can do for them and their ratings, ie, their ad revenue.

      It’s a business. Plain and simple.

      • N24REAL says:

        Well, I have mounds of paperwork, i.e. trust audits, loan audits, forged documents, etc. etc. I will gladly send them to him as some of the stuff I have already sent to him. Thx.

    • Mike says:

      There is momentum now–this has MORE than legs! If you have info that will translate well to tv–people who are willing to speak on camera, invite the cameras into their homes etc–that always helps. Have you tried David Brooks at WXIA? (Sometimes it helps to contact one of the producers/editors, rather than the “on-air” talent.) But now is a great time to be contacting the local Atlanta media. I hope you keep trying.

      Perhaps you could even snap a few pictures with your cell phone camera and send photos of the documents. Notice how Mr. Strickland waved those documents before the camera–show the other news stations that you have something just as tangible.(And maybe Mr. Strickland feels badly about not having had the chance to follow up with you, and a “fresh start” may be in order. Perhaps a spouse or friend could make a “new” initial contact with him?)

      I just hope you don’t stop trying….not now!!! 🙂

      • ForensicMortgageExaminers says:

        If you have info about the OTHER big foreclosure firm in Georgia, also based in Atlanta, McCurdy & Candler, you should DEFINITELY contact Jim. He’s ready to look into them as well!

        Just make absolutely sure that you are giving him facts. He will run everything by the lawyers at WSB and if there’s even the smallest possibility that WSB could be sued, the station attorneys will not let him run with it.

        Facts. Hard cold facts. That is what will get you heard. No conspiracy theory, no “I think they… ”

        FACTS.

        Good luck!

        Feel free to contact me at ForensicMortgageExaminers@gmail.com if you wan tot discuss getting media attention.

  8. Stupendous Man - Defender of Liberty - Foe of Tyranny says:

    The end of the clip is too funny: “…uncovered by Channel 2…”

    As if the reporters actually did the work. NOT!!

    Instead they refused to speak with any of the numerous knowledgeable (many pro se litigants and a few knowledgeable defense attys) folks in regard to this issue for the past several years. Now that the Georgia defensive bar (who have also likely rejected out of hand the same information and evidence for the past several years) has followed the activity of other attys in other states WSBTV is finally willing to run a brief 2 minute clip AND CLAIM THE RESEARCH AS ITS OWN!!!

    At least there is finally SOME positive motion and SOME coverage.

    • Me says:

      Fraud is one thing but why should the people live in these houses for FREE. If i have to pay they got to take resposibilty and pay alos.

  9. Mike says:

    I don’t know this attorney, but I think I love her! She has spunk! (She is also a former Atlanta City Judge and prosecutor.) The link below is for another fraudulent foreclosure lawsuit that she filed a few months ago in Fulton County GA Superior Court. (The lawsuit even includes the obnoxious lyrics to a rap parody written for and performed at a lender conference!)

    http://stopforeclosurefraud.com/2010/10/23/this-lawsuit-you-gotta-read-long-v-jpm-chase-boa-lps-shapiro-swertfeger-llp-et-al/

    This latest lawsuit, however, is a federal case–which is a very good thing. We want these cases in federal court! (Although, in a non-judicial state, such as Georgia–ANY court is better than NO court!)

    So…….Go Louise T. Hornsby! (Whoever you are!!!!)

  10. J A says:

    Okay, Floridians … now it’s about time we did this!

    • RAMONA says:

      i THINK IT MAY BE A BIT HARDER FOR US FLORIDIANS. I THINK WE HAVE MORE CROOKS PROTECTING EACH OTHER.

      • J A says:

        Ramona, I fear that as well, but there is another part of me that never gives up hope. Surely there is at least one honest judge in this state who checks this website now and then — even if it’s just for curiosity! — and decides to step up for the cause. That’s all we need, and a fiesty, gutsy lawyer to lead the charge. We have to keep up hope!

      • mAGGIE SIMI says:

        RAMONA WE HAVE AR ARMY OF FEDS AND DA S IN FLORIDA WORKING ON MORTGAGE FRAUDE AND FORECLOSURE FRAUD……….TRUST ME!!!!

    • RAMONA says:

      thanks you gave me more hope!!!

      • Ramona…It’s not the quanity of crooks that count…it’s the quality. Fear none…hope has more strength. We are heading for the forefront and gaining speed….time to put more coal on the fire to keep the ‘heat’ burning hot. Chin up..someday we will be dancing in the streets………

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