Daily Finance | Foreclosure Document Fraud Drives Notaries to Take the Fifth

Foreclosure Document Fraud Drives Notaries to Take the Fifth

Among the many legal problems now being discovered with the foreclosure documents that banks have been using are false notarizations. The most typical variety of this problem occurs when a notary certifies that the person whose signature appears on a document really did sign it, even though the notary didn’t witness the signing.

While such false notarizing is criminal, I’ve not yet heard of any notaries being charged. However, in Maryland, Steve Lash of The Daily Record reports that 18 current and former notaries have invoked their Fifth Amendment right against self-incrimination in a foreclosure case.

The notaries were brought before the court in proceedings involving a lawyer who didn’t actually sign numerous foreclosure documents that were nonetheless notarized saying he did. The judge excused the notaries from the proceedings after they took the Fifth, and apparently, they aren’t facing prosecution.

Title Issues Trip Up Innocent Buyers

Nonetheless, the ramifications of those false certifications are significant. Because the lawyer — Thomas P. Dore — didn’t sign the documents as certified, the judge has dismissed five foreclosures, although the banks can refile. In addition, the judge is considering what to do in 15 other cases where Dore isn’t sure whether or not he signed the documents, and the judge is also weighing what to do about 12 Dore foreclosures that were completed in which the properties have since been sold. This is a striking situation when you consider the judge’s options. Might he rescind the sales? Void the foreclosures, but let the sales stand?

See full article from DailyFinance: http://srph.it/ihdnyK



5 Responses to “Daily Finance | Foreclosure Document Fraud Drives Notaries to Take the Fifth”
  1. Todd W says:

    Fyi- Anyone in this game every day, watch your six. I’m probably the only guy in the state of MD lucky enough to question Dore under oath about his “first hand knowledge” of any “facts” in a hearing on August 11, 2010. He admitted (only because he was under oath) that he had no first hand knowledge, was not at the “closing” , was not the document custodian, and therefore his statements were not credible. This was months before all the stories broke about Dore, et al, and Bierman et al. (now defendant in class action in US District Court in Greenbelt MD)

    We ordered the transcript so I’ll follow up and let you know if it’s been tampered with. (we brought witnesses for affidavits if Dore’s testimony incriminating him was deleted)

    Despite the above, and despite MD Rule 14-207.1 that was passed in late fall 2010 by MD Court of Appeals to address these bogus affidavits and force the Plaintiffs to show cause and be held accountable for the content, signature, and notary signature, my Motion to Show Cause per the above rule was summarily denied without a hearing. Go figure.

    Worse, an Order Ratifying a “sale” was backdated to Jan 31, 2011, 4 days prior to the Motion being filed. Problem for these crooks is that none of the docs were entered into the file until Feb 16, 2011. I was licking my chops to get back into court to examine Dore, his staff attorney and VP of MERS/ M&T Bank .

    The motion was so damning there was no way Dore could ever let himself get back on the stand under oath again in front of me. So he had his friends at the court fix the case. Google “thomas dore foreclosure fraud” and it the Motion should show up on Scribd) The motion should be instructive.

    I’m in this game every day and know the fraud non only in the court, but also know the numbers too. Fyi- The QWR I send (never answered after 575 days) was sent well in advance of the fraudulent case being filed.

    The speed in which these criminals move is in direct proportion to how close you get to exposing their crimes, remember that. Be ready to move fast as well.

    Wish I could brain dump for everyone all the tools we use but I will leave you with this. Make sure you make demand for the CUSIP number of the note and the 1099OID showing who was the source of funds. This is not legal advice obviously (for the thieving criminals who are monitoring my posts, emails, calls, etc).

    I finally got the CUSIP number for my birth Cert that was transferred into a Fidelity Ohio Municipal Fund ironically the same year I turned 18 (not a coincidence) That leads to the sub-CUSIP numbers- notes, court cases, etc, everything else they’ve made money off of by securitizing instruments with your signatures on them.

    Sometimes those SPV’s REMICs are difficult to find and may be offshore. Keep digging. B of A has something like 241 subsidiaries, many of which are offshore if I remember when I did the search (need to fact check that).

    Always follow the money, read Culture of Corruption (excellent flowchart) and look into judges 801k retirement funds. Tough to get a “fair” hearing when the judge’s retirement fund is invested in MBSs, CDOs and Fidelity funds that are used to fund private prison construction and management.

    Also know the story about ex-DOJ attorney Richard Fine ((fulldisclosure.net) and 18 count indictment of Judge Brooks Blitch, as well as the impeachment of Judge Porteous last fall.

    We all know the game is rigged and courts are hopelessly corrupted. These tools should help understand how its done. Hope that helps.

  2. WHIP// says:

    WHO ARE THE ” ROBO ” Notaries??? They need to be ID’D, listed for the record!

  3. l vent says:

    It is becoming more difficult everyday to be supportive of a President (“elected” by the people and who promised all of us hope and change) and an administration (hand picked by him) that continues to ignore all of us down here on Mainstreet. His State of the Union speech was a slap in the face to all of the hard working Americans on Mainstreet. He had the nerve to come out of the gate and compliment Wall Street and the Banksters for all of their success. We should NOT VOTE for any of them next time around. Everything is obviously RIGGED IN THEIR FAVOR. We also need a nationwide tax revolt. The Oligarchs are stealing our wealth from us every day via the rigged markets which is due to the Ponzi Scheme. They are trying to impose hyper-taxation to cover-up for the THEFT OF OUR WEALTH and impose this on all of us through TAX DEBT SLAVERY and FAKE MORTGAGE DEBT SLAVERY . They want to create a LIFE LONG DEBTon our homes via a FAKE LOAN MOD for a debt that does not exist or HO– USE STEAL by FRAUDCLOSURE or STEAL our homes via a Deed in Lieu. We all paid for our homes (a nominal fee) via a bankster so they could participate in fraud in the biggest PONZI SCHEME in history and make trillions from our PAID COLLATERAL PAID BY ALL OF US and then STEAL that wealth and OUR HOMES. A Government that steals from it’s own people illegally is not a Democracy, it is a Kleptocracy led by a facsist Dictatorship, Totalitarian, Orwellian, Oligarchy which thinks the laws do not apply to them and the Constitution applies to only them.

  4. Officer of the Law says:

    Do the banksters and their minions really need to take the Fifth? After all, the prosecutors obviously will not prosecute any of the banksters or their other minions, so since the fix is in, who cares about avoiding incrimination?

    Also, there is plenty of case law holding that invoking this right in a civil action violates discovery rules which supports sanctions including dismissal.

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