Federal National Mortgage Association a/k/a Fannie Mae vs Ben-Ezra & Katz, P.A. | Fannie Mae Tells Lawyer to Get on the Ball

Fannie Mae Tells Lawyer to Get on the Ball

FORT LAUDERDALE (CN) – The Federal National Mortgage Association sued the Ben-Ezra & Katz law office, claiming the office refuses to deliver files on 15,000 foreclosure cases. Fannie Mae says it fired the law office in February but it refused to deliver the documents.

Fannie Mae sued Ben-Ezra on Feb. 11, but the Broward County Court made the complaint available only this week.

Fannie Mae says it hired the law office on July 25, 2008, to handle “among other things, foreclosure proceedings in the State of Florida.” Marc Ben-Ezra executed the agreement on behalf of the law office, according to the complaint.

Fannie Mae says it “terminated the Agreement with Ben-Ezra” on Feb. 11 this year, and asked that the office “immediately begin transferring all documents, records and related work products created and/or compiled under the agreement.”

It claims Ben-Ezra was handling about 15,000 cases on behalf of Fannie Mae, which needs to send the documents to successor counsel “so that the parties and properties related to the 15,000 cases are not prejudiced by any delay in the proceedings.”

Nonetheless, Fannie Mae says, “To date, Ben-Ezra has refused to deliver the case files, which Fannie Mae stands ready, willing, and able to accept.”

It seeks specific performance and an injunction. It is represented by Jeffrey Schneider with Levine Kellogg Lehman Schneider & Grossman of Miami.

Emergency complaint below…

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4closureFraud.org

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Federal National Mortgage Association a/k/a Fannie Mae vs Ben-Ezra & Katz, P.A.

Comments
64 Responses to “Federal National Mortgage Association a/k/a Fannie Mae vs Ben-Ezra & Katz, P.A. | Fannie Mae Tells Lawyer to Get on the Ball”
  1. saveamericaone says:

    Copied info on info consumers need to know post-foreclosure ruling

    Retaining Foreclosure Defense Attorney After Post Judgment
    Mark Stopa Esq. http://www.stayinmyhome.com

    I had an awesome day today, as I was able to get a St. Augustine judge to grant a motion for rehearing, vacate a Final Judgment of Foreclosure, and cancel a pending foreclosure sale. The homeowner tried to defend himself, pro se, lost, and he got a lawyer involved just in the nick of time.

    After the hearing, when I got back to the office, a staff member asked me why I don’t accept more foreclosure cases where a Final Judgment of Foreclosure has already been entered. I got this judgment vacated, so it was a legitimate question – particularly since we get inquiries for such cases on a regular basis.

    Here’s the problem. No matter how erroneous a Final Judgment of Foreclosure may be, i.e. regardless of the existence of foreclosure-fraud, robo-signers, etc., there are certain procedures that must be followed to get a Final Judgment vacated, failing which it must remain in place.

    Specifically, the homeowner has 10 days to move for a rehearing, 30 days to file a Notice of Appeal, and, generally speaking, 1 year to file a 1.540 motion (for things like fraud on the court).

    If you don’t meet these deadlines, it doesn’t matter if you’re correct on the merits – you lose. (The only exception is if the judgment is void for something like improper service and that argument wasn’t waived, but that’s relatively rare). You can’t go to the appellate court on day 31; it’s too late. Unfortunately, this is what happens on a regular basis – the homeowner loses the case via entry of a Final Judgment of Foreclosure (having defended the case pro se or not at all), and the sale date is set 60 days out. On day 40 or 50, with the sale approaching, the homeowner realizes he better hire a lawyer. But by then it’s basically too late. Game over.

    In theory, you could still file a 1.540 motion, but that’s typically the equivalent of a Hail Mary. And yes, you can still file a bankruptcy, take advantage of the automatic stay, and get the sale cancelled, but that’s basically just a stall – it’s not going to unwind the Final Judgment of Foreclosure.

    Hence, as much as I want to help homeowners facing foreclosure, I’m not going to take their money when they essentially have no chance of winning, for procedural reasons. In other words, to answer my staff member’s question, this is why I don’t take many cases post-judgment – typically, the homeowner is procedurally barred from challenging the court’s ruling, even if it’s erroneous.

    So what’s the lesson here? Don’t wait to hire a lawyer. Get one right away. Otherwise, it may be too late, even if your arguments have merit.

    I don’t think I’ll ever see a better illustration of that than what I saw today.

    At the summary judgment hearing, the pro se homeowner argued that summary judgment was inappropriate because discovery was outstanding (in particular his request for production and interrogatories). He was right, too – there are dozens of Florida cases setting forth this proposition of law – but the judge entered summary judgment anyway.

    The homeowner hired an attorney, who quickly filed a motion for rehearing. Months later, when the sale got rescheduled, he hired me. I saw the motion for rehearing had been filed, and I like how the homeowner preserved the argument about outstanding discovery, so I took the case. Anyway, at the hearing, the judge made a point of saying that he was perturbed at how the homeowner was pro se and was filing papers that were inartfully drafted. He made a point of this, at length, before granting my motion.

    Bear in mind, the argument I made, which the judge agreed with, was the exact same argument the homeowner made, pro se, which the judge rejected. I’d like to think I made the argument more eloquently than my client did, and I supported the argument with case law. But the judge was aware of that line of cases already. Hence, in a sense, I didn’t do anything different than the homeowner did, except he lost and I won.

    If you think this is unfair, and the result shouldn’t be different simply because it is argued by a lawyer, I wouldn’t disagree with you. But here’s the point. Judges in foreclosure cases are, in my opinion, more likely to follow the law when a lawyer is arguing for the homeowner. The way I presented the argument, I made it clear to the judge, in a respectful way, that if he didn’t vacate the Final Judgment that I would procure that result in the appellate court. To illustrate, after showing him several cases which reversed judgments where discovery was outstanding, I asked the judge, as an alternative argument, to cancel the sale and stay the case pending appeal. Pro se homeowners just aren’t able to do that, and without the threat of appeal, judges are more likely to what they think is fair. Often, given how many judges feel about foreclosure cases, that is a Final Judgment of Foreclosure.

    Think about it this way – if you know your boss is looking over your shoulder while you’re working, aren’t you a little more cautious about crossing your Ts and dotting your Is? That’s my take on how judges are in this context. Judges often don’t want to let pro se homeowners live for free. They’ll often do so if the law requires, but if a lawyer isn’t there showing them the law, they’re more likely to do what they want.

    In sum, if you’re wondering how a lawyer can help, remember this case. I made the same argument this pro se homeowner did, but he lost and I won. And if you’re wondering when to hire a lawyer, remember those procedural bars. This homeowner was lucky; many wait too long, and at that point, they’re out of luck.

    Mark Stopa Esq.

    http://www.stayinmyhome.com

  2. saveamericaone says:

    Dear Imanda Waldon: What is your status? without ‘p’ means someone else can file when they create more fraudulent documents and cloud title more. Can you provide update? Big convention in Fort Lauderdale Living Lies with the experts homeowners invited. See LivingLies.

  3. Imanda Waldon says:

    Been fighting since April 2005. Live in Milton, Floirda. Could someone please decifer for me:
    Recieved letter last week from mortgage companies attorneys office: 1. Final Summary Judgement enter on this court September 2, 2005, is vacated. 2. The Lis Pendens filed in this matter is released. 3. It is further ordered the above cause is hereby dismissed without predudice. Signed by the Judge on March 09, 2011.

    It has been a long and hard fight. Good luck to everyone.

    • Katheryn says:

      Wow, that was a long fight. If you can and want to, I’m sure we would all love to hear some details as sharing of information can sometimes help someone else here on this site. It sounds like you beat them, but others on this site have far more legal knowledge than I do. Congratulations, I think!

      • Imanda Waldon says:

        Thank you. We are not sure if it is a victory yet. Our story can be viewed on Consumer Affairs.Com. Scroll down on website; click on mortgages; then click on CitiMortgage. You can review complaints from all states. Scroll down to April 11, 2011 and find my name. Our story stops in April 2011 but a lot has gone on since. We have paid an attorney to no avail until Feb. 2011 and at that time (after losing my job due to all the stress of this), we have tried to represent ourselves. We are not attorneys, just hard working middle class folks who want to save our home of 18 years. We give all the credit to this website and HUD. Please feel free to contact me with any questions. If I can help. it would be an honor. I would love to implement foreclosure fraud meetings in Northwest Florida. We dont have much help here. Attorneys in this area are just now getting on board. I would love for the day to come when we can unpack boxes (been packed since 2005) and live normally in our home.

      • Imanda Waldon says:

        Sorry, provided wrong date. Our story was posted on Consumer Affairs.Com on April 20, 2010. Our years are running together.

  4. l vent says:

    Anyone hear what the U.S. GOVERNMENT is calling the airstrikes on Lybia? OPERATION ODYSSEY DAWN. I am absolutely positive now, they have all gone stark raving mad. Time for the American people to secede from this communist tyranny. This Government is now a fascist dictatorship and is completely corrupted and no longer works for the people of this Country. I never thought I would see the death of democracy in my lifetime. This is clearly what we have here today. A completely corrupted Fascist, Communist, Imperialist Oligarchy which is also a Kleptocracy. It is a run away train drunk with power and completely corrupted by the New World Order. We The People are sovereign from the U.N./ NEW WORLD ORDER. We owe no allegiance to them whatsoever.

  5. l vent says:

    THOSE COWARDS, FANNIE MAE, THE GOVERNMENT SPONSORED TAX-PAYER FUNDED ENTERPRISE, WHO REF– USED ME A LOAN MODIFICATION AFTER ACCEPTING 7 ON-TIME TRIAL PERIOD PAYMENTS AND TOLD ME YES, YOU ARE APPROVED FOR THE OBAMA PLAN, THEN DENIED ME FOR NO VALID REASON WHATSOEVER AFTER I CLEARLY QUALIFIED FOR IT AND FORCED ME INTO DEFAULT INTENTIONALLY. SENT A DUDE TO MY HO– USE TODAY TO SIT IN HIS TRUCK IN FRONT OF MY HOME LIKE A FREAKING COWARD AND TAKE PICTURES OF MY HOME. MY HUSBAND TOLD HIM TO TELL FANNIE MAE WE WILL SEE THEM IN COURT. THE COWARDS RESPONSE WAS I AM ONLY DOING MY JOB AND I HATE MY JOB. WHAT A BUNCH OF FREAKING COWARDS. NOW, THAT IS WHAT I CONSIDER ALL OUT WAR. I HAVE CLEAR CUT UNDENIABLE PROOF OF THEIR FRAUD and ALL THEY HAVE IS A LOT OF FRAUD. I WANT TO TAKE A PICTURE OF THEIR ATTORNEY WHEN I WIN A FREE HO– USE,

    • losing my home in florida says:

      you know whats amazing we may at leat 1200 miles apart but both of our families are going through the same thing. this woman from wells fargo outright lied to me. first the paper work was lost, then it was there but not all of it, then it was gone again. its a game and i am not playing any more i am a sore loser. wells fargo wants to approve me for a hamp loan while they already have put us into foreclosure becuase they told us to stop paying. they could not help us until we were in eminent default. i think it was there way of making the 1k on the hamp and the 6k on foreclosure. yes sorry we are going through this we were also denied both times for no reason also. i am working and probably can afford a hamp mod payment. i hope the best for our families. please keep us updated.

    • losing my home in florida says:

      my husband is on the mortgage and not on the note. that actually sets us up for a failed loan. they new what ever job my husband would get would not be enough to beable to ever afford this house. the fraudulent appraisal, putting me in a stated income loan with out my kmnowlege. the list goes on. dont now how to find a good attourney to take my case. so sad called 4 no one called me back

      • Tim Bryant says:

        That is not correct. Your husband is probably on the mortgage because he is listed on the deed. If he was not on the mortgage, they could never secure the title to the property. If you are on the note, you are the one responsible for the payment of the note. To secure the loan, your husbands income should never have been considered AT ALL. If you could not afford the note based on your income alone, the bank should not have extended credit to you. If they stated an inflated income to do so, that is a “fraud in fact”. You need to do everything possible to secure that claim. Ignoring it “in the eyes of the law”, may prevent you from later asserting that claim.

      • losing my home in florida says:

        tim she used a stated income loan and di inflated my income. my husband was not on note but on mortgage. i am going to get an attourney. will they claim the fraud?

    • losing my home in florida says:

      they got me at a time i new anything. i did not know to ask fo rthe note first before signing. i did not know about respa tila laws. well iearned alot. and i feel thank ful with everyones guidance i dropped my venture for a hamp laon. i really wanted to save my home. but if they are going to lie , cheat , and steal to get it. so be it. i was not going to talk to them one more time. and the lat woman i spoke to new that. i told her i will not be dual tracked. i know to much you are to late. i told her about folks paying 1-2 years and then getting denied any way and foreclsoing. i told her i can ot play around with my families money we work to hard. i am responsible and want a real mod, a mortgage i can afford, but to go the hamp route and lose anyway is not cost effective. my husband is not on the note. he still has his good credit. we can rent for a few years get this behind us. and bu a small home to retire in. my 1200-1400 mortgage would have been unaffordable in 10 yrs anyway when my husband turns 62. he is a diabetic i want him to retire early and find a part time job. this is all just plan b of course . plan is the fight. he does agree that at least it happening now and not after oaying for 10-15 yrs.

    • Tim Bryant says:

      I have actually befriended the independent contractor BofA sends to take pics of my house. Don’t get mad, just say you understand that they were hired to do a certain job, and start a “friendly” conversation with them. When I did this, I learned that the guy did not even know why he was coming to my house other than to knock on my door to see if I still lived here, and to take pictures. He also gave me his firms name (since you want to include this party in any litigation), and supervisor. REMEMBER: only a holder or an assignee has the legal capacity to enforce any provision in your note or mortgage. Since this activity was not ordered by MERS, who claims to be the MOM and assignee, it is an illegal act. Write down each time they show up. You can even go and take pics of the contractor and his vehicle (include license plate).

  6. Tim Bryant says:

    The Constitution itself is the supreme law, and when the Court believes that a specific law or action is in violation of it, the Court must uphold the Constitution and set aside that other law or action, assuming that a party has standing to properly invoke the Court’s jurisdiction.

    This is the doctrine of the Supreme Court called “Judicial Review”, as defined by Thomas Marshall, Chief Justice. These cases need to go to the US Supreme Court. What this means is, even a law created by the Legislature, can be deemed invalid if found unconstitutional. It also means an otherwise constitutional law can be declared invalid, if used for an unconstitutional motive.

    Here is a prime example…Non-judicial foreclosures are unconstitutional under the 14th amendment. You cannot be deprived of property without due process EVEN IF AGREED TO BY CONTRACT. No contractual clause can be in violation of the constitution. This has never been challenged to the high court, to my knowledge. If the local sheriff seizes your house under Power of Sale, it is a violation of not only the 14th amendment, but the Takings Clause (govt shall not seize property without first giving due process).

    • losing my home in florida says:

      tim the problem there were NEVER this many foreclosures. foreclousures were neve meant to be defended.
      foreclosure was repposetion of the house like a car. if you can not afford to stay you cant stay. things changed. people who had fantastic credit there whole lives always paid there rent as a young woman on time and always paid her mortgages on time as an adult. has owned many cars and paid them off. are now unable to sell these houses. mortgage appraisal fraud (yes fraud the tampa bay area has put countless mortgage brokers and straw buyers in jail for fraud) was rampant becuase banks were not using there own money. “stated income loans” were predatory. becuase most folks like me answered the questions over the phone and mailed in my paycheck stubs. but like wells fargo is doing now lieing to get people approved is what is causing this mess. becuase we were approved for house we actually could never afford. iver the past 5years i used every dime of our savings, to save our home. it is unfortunate this is happening but we have to defend what is ours. if we do not get our due process and the judge gives wells fargo my house i will appeal and start again. i am a figher. but most laws were never meant to challenegede. even modifications are new and hope to god can be challenged. there is a word in law i cant think of the word but i will use diress. i signed under diress. when i signed these papers wells fargo threatened foreclosure . i was under diress.

      • Tim Bryant says:

        Any legal document signed under “duress”, is void. Just remember, if you say your initial note and mortgage were signed under duress, you will get booted from the house even quicker, as you are now stating that you should never had any rights in the property.

        What I am trying to tell everyone is to choose your words wisely. You may unexpectedly hasten your foreclosure being using the wrong term. Go spend $5 on a paperback legal dictionary. It will pay for itself many times over. You will better address the bank, in legal terms, with knowledge of what those terms actually mean.

        I am trying to help you, but you are just complaining over and over again. That will get you nowhere. Nobody here is going to do it for you. You must fight that battle, with all the support that we can give you. Nobody here is going to show up in court as your lawyer. I cannot make that any clearer. Please do not take it the wrong way, but you really do not get it. Words mean nothing, actions are what matter. When we offer help, you keep saying “we don’t get it”. Yes, we do get it, you do not. You can piss and moan on here all you want, which will only cost you your house, or you can listen, take action on your own, and prevent your house from being foreclosed upon.

        It’s your choice. I am just trying to give you “tough love” to help you snap out of the “poor me syndrome”.

    • l vent says:

      I suggested that We The People need a Supreme Court Ruling over a week ago. I still have not seen any attorneys come forward to say that this indeed MUST be done to PROTECT the homeowners PROPERTY RIGHTS. We The People are NOT getting ANY justice because of the RAMPANT CORRUPTION IN OUR JUDICIAL SYSTEM. The Judges are clearly NOT following the RULE OF THE LAW. RESCIND OUR LOANS, THEY ARE TOTALLY FRAUDULENT. The Attorneys know this and they do not want to touch this. They are acting like a bunch of COWARDS. They are COWERING to the U.N./New World Order and so are the JUDGES. THEY ARE LETTING THE PEOPLE GO IT ALONE. This is our Country, not theirs. WE THE PEOPLE OWE NO ALLEGIANCE TO THE U.N./NEW WORLD ORDER. AMERICA IS SOVEREIGN. OBAMA WAS A CONSTITUTIONAL LAW PROFESSOR AND HE KNOWS ALL OF THIS. THIS IS A DISGRACE. HE IS DOING NOTHING FOR THE AMERICAN PEOPLE. ALL OF THESE CORRUPT POLITICIANS AND JUDGES NEED TO BE THROWN OUT OF OFFICE BY THE PEOPLE ON THE GROUNDS OF TREASON.. THEY ARE NOT DOING THE PEOPLES WORK. THEY ARE IMPOSTERS, LIARS, SHAMS AND FRAUDS. RESCIND OUR FRAUDULENT LOANS.

  7. losing my home in florida says:

    so if the mortgages and notes are made as they all these modifications are fraudulent. The note must be proven to modify it? If wells fargo modified me but bank b owns my note who do u pay same as in foreclosure so maybe these mods are all fraud they just want us to think they r real so if we default on the larger modified mortgage we will walk away any case law???

    • Tim Bryant says:

      Only the noteholder or their designated ASSIGNEE can modify your mortgage.

      • losing my home in florida says:

        well thats my point before i received this mod was my first intro t securtization. i wass told my mortgage was sold bundled with other mortgages ans sold to investors. wells fargo is only my servicer. so what right did wells fargo have to modify my loan. probably none. i sent away for my PSA. i had asked who my investor was they would not tell me. there is no assignment in county court records and wells fargo was on the mod as well as the foreclosure.

      • l vent says:

        The bankster who sold me the fraudulent loan which is LOADED with so much fraud you can.t believe they would even try to bring these BULLSHIT DOCUMENTS into a court of law.(The attorney i brought my case to he even looked a wee bit shocked at what I had against them), is now a failed bank, in FDIC recievership, It was the biggest bank failure in Ill. history and they were apparently involved in ALOT OF FRAUDULENT ACTIVITY which was well advertised by the print media and that is what caused them to “fail”. Now a pretender lender, a bill collector, says I owe them the money. And I say “where’s the ORIGINAL FREAKING NOTE?” Why didn’t they give me loan mod in the first place? Because they would be committing more fraud by FRAUDULENTLY INDUCING A MORTGAGE DEBT. They DO NOT OWN IT and they DO NOT KNOW WHO OWNS IT. They destroyed the NOTES to cover up for the ORIGINATION FRAUD. So I will say again for the hundreth time RESCIND OUR LOANS!!!!! YOU DESTROYED THE PROOF OF WHO IS OWED ANY MONEY. YOU ARE A BUNCH OF CRIMINALS AND THESE ARE OUR HOMES, NOT YOURS, AND YOU KNOW EXACTLY WHAT YOU DID WITH THOSE NOTES. THE DOG ATE THE MORTGAGE, RIGHT?????? BULLSHIT.

      • l vent says:

        WHAT IN THE HELL IS A DESIGNATED ASSIGNEE? WHO IN THE HELL DESIGNATES THEM AND HOW? WHO HAS THE ABSOLUTE AUTHORITY TO DO THAT IF THEY DO NOT HOLD THE NOTE OR KNOW WHO DOES???? This sounds like more fraud.

      • buoyant says:

        Tim, is that “noteholder” as law firm Ben-Ezra & Katz is described “holding” 15,000 mortgage notes in the litigation with Fannie Mae above?

        Or is it “Note Holder” as defined by your note?

        Can a “noteholder” like Ben-Ezra & Katz actually assigne anything absent ownership of the note?

        Can a “noteholder” like the law firm or mortgage servicer REALLY modify a mortgage?

        Some things to think about…

      • Tim Bryant says:

        I vent,

        A designated assignee, is a party that receives an assignment of mortgage from the holder in due course. This gives them the right to execute specific performance as if they were the actual holder. That is what MERS claims to be in their security instruments. If there has been a legal assignment, they have full legal standing in the eyes of the court.

    • Tim Bryant says:

      I have to toss this out there….when people use the term “fraud” they need to know what fraud actually is. There are also many types of fraud. Please do some research on what fraud LEGALLY is. It is thrown around here too loosely. With fraud, there must be intent. Many issues on this site are negligence, not fraud. There are also many kinds of negligence. One is “comparative negligence”. That is where you and the other party assume equal responsibility for doing a negligent act. Not having an attorney read your modification, can at a later point, be deemed a negligent act, since it is a legal document. The courts view on this is “One who assents cannot later claim injury”. Please people, do some homework before posting.

      • l vent says:

        @Tim Bryant, Intent? Where are the ORIGIANL blue ink notes? Is forgery of my signature ON THE COPY OF THE NOTE not intent? What about the fraudulent appraisal, oh why did they give me an all new pin after the second bankster sold me my mortgage for a nominal fee and did not tell me? Did they tell me they were packaging my unsecured mortgage up with a few hundred borrowers that they KNEW WOULD FAIL, SO THAT WHEN THEY DID FAIL, I WOULD ALSO FAIL AND THEY INSURED THEMSELVES TO THE HILT WITH CREDIT DEFAULT SWAP INSURANCE AND PMI INSURANCE BECA– USE THEY KNEW WE WERE ALL GOING DOWN IN FLAMES?. Why did they not PERFECT THE COLLATERAL LIEN? Why did they not PUBLICLY RECORD ALL TRANSACTIONS REGARDING MY PROPERTY TO PROTECT MY PROPERTY RIGHTS AND THEIR COLLATERAL LIEN? WHY DO I HAVE THE DEED TO MY HOME? WHY DID THE COUNTY RECORDERS OFFICE TELL ME MY HO– USE IS PAID FOR, THERE ARE NO LIENS ON MY HO– USE AND THEY HAVENT ATTACHED A DEBT TO MY HO– USE IN 20 YEARS AND THE STATUTE OF LIMITATIONS IN THE STATE OF ILLINOIS IS 12 YEARS AND IT HAS RUN OUT ON THEM YET, THEY ARE STILL TRYING TO STEAL MY HO– USE? WHY ARE THE ATTORNEYS LYING TO THE PEOPLE? WHY ARE THEY FRAUDCLOSING IN THE NAME OF MERS? Why did they state my husband was an UNMARRIED MAN AND THEN AFTER CLOSING TYPOED OVER THAT AND PUT MARRIED MAN AND FORGED MY INITIALS AND MY HUSBANDS INITIALS? LOOSELY THROWING AROUND THE WORD FRAUD! PUHLEASE. THIS ISNT EVEN ALL OF IT, I HAVE ALOT MORE PROOF AND OH YEAH, The FRAUD was INTENTIONAL, AND MEANT TO DO PERMANENT HARM. THEY KNEW THEY WERE SETTING US UP TO FAIL, THE CREDIT DEFAULT SWAP INSURANCE THEY BOUGHT PROVES THAT. So did the lies about the quality of the loans inside of those FAULTY MBS’s, FANNIE MAE KNOWINGLY sold SHIT LOANS to investors as AAA good as gold government paper. THAT IS ALSO FRAUD.

      • Tim Bryant says:

        I vent, you gave an excellent example of defining fraud.

        If a signature has been forged on a document, it shows a clear evil intent (scienter).

        -Until that forged document causes an “injury” to you or upon the courts, it is not fraud, but is a forgery.
        -When it is used to injure you, it is a “fraud in fact”, or “positive fraud”. Positive frauds need to show clear intent of an evil purpose. In your case, it is actually 2 seperate counts. The first is that it was an actual fraud that was concealed from you with an evil intent. The second count is it was an actual fraud making a false representation with an evil intent. This does not have to take place in court. Anytime they use that document against you, the threshold has been met.

        -this is also “fraud in the factum”, which basically means there is a disparity in the instrument executed, and the one that was intended to be executed.
        -when they attempt to use the document upon the court or record it in the county records, it becomes a “fraud in law”, where no evil intent need be proven. This is also a “constructive” or “legal” fraud.

        -now let’s say that you were offered a loan modification, which changes the rights available to you, in return for a mod. During this time, you were “dual-tracked”, and there was no intention by the bank to modify the loan. This is “fraud in the inducement”. For the sake of explanation, consider it like “bait and switch”.
        -this can also be an “intrinsic fraud” as well. If a mod was denied (a judgement) based on a fraudulent representation, it may well meet the threshold. It would definitely meet that threshold if the county recorder deemed the document “recordable” in the land records, and did so.

        -lastly, and probably the most applicable to everyone here, is the concept of “extrinsic” or “collateral” fraud. This is fraud that prevents a party from knowing their rights or defenses, and/or preventing them from being able to fairly represent or litigate them at trial. The prime example is a servicer who refuses to disclose who the true beneficial owner is to a borrower. MERS would be another example of this, as well as fraud in the inducement. Extrinsic fraud is an “equitable” relief, not criminal.

        If you believe that any of the positive frauds above apply in your case, file criminal complaints with your local police. Do not wait to use them as claims in a court of equity. They may find you as having “comparative negligence”. This means that yeah, there was fraud, but you knew about it and did not report it, so were equally negligent in allowing its continuance. Now, you would be screwed because the judge just “estopped” you from asserting those claims, based on your own failure to preserve those claims.

    • l vent says:

      They are trying to get you to re-establish a debt and that is also fraud if it is unsecured, they should not be able to take your home away. They are trying to set us up to fail again. I would want to see the original blue ink note and also have forensic analysis done. I know they forged my name on a copy of the note they sent me.

      • Tim Bryant says:

        That would be “fraud in the inducement”, as far as the mod re-establishing the debt goes.

        The bifurcation of the security would not be fraud, it would be negligence, which is an equitable defense. Basically, the debt was required to remain secured to assert certain claims against the borrower. Through their own “negligence”, it became unsecured, and as such, cannot assert those same claims. That is why if you have a bifurcation issue, it is in your best interest to file for bankruptcy. A bankruptcy court will find the holder as an “unsecured” creditor, and will basically tell them to piss off.

  8. buoyant says:

    Tim Bryant: Absolutely. Most likely, NONE of the 15,000 fraudclosure cases involved showed Fannie Mae as plaintiff.

    So Fannie Mae is, essentially, coming in to a Florida Circuit Court and, on no real “evidence” whatsoever, saying “Please, you honor, give us these notes and mortgages on $1.5 billion worth of property. We own the files because WE SAY SO.” (Do the math: 15,000 cases x $100,000 properties ( a low average) = $1.5 BILLION.) Note that the agreement Fannie Mae provided to the Court was REDACTED in places to protect “trade secrets” (fraud???)

    Why would the law firm simply “give” Fannie Mae “the files” when the law firm had probably represented a different story to the courts in those 15,000 cases? Somebody in Broward County care to check a sampling of these cases?

    • l vent says:

      @buoyant: I was told by an attorney that Fannie Mae only owns a tiny, tiny miniscule fraction of these notes. The rest is owned by investors, mostly the Chinese. Fannie may does not have the ORIGINAL BLUE INK NOTES, they were all destroyed to cover up for all of the fraud. That is why they are using PRETENDER LENDERS to FRAUDCLOSE. They send their CRIMINAL ATTORNEY NETWORK to FRAUDCLOSE in the name of a PRETENDER LENDER or MERS. It is all extremely deceptive and very disturbing. I KNOW FOR A FACT, they FORGED my signature on the copy of the note that is in the fraudclosure complaint and I never signed the mortgage either.. A good example of this fraudclosure fraud is the post in the right column under Foreclosure Fraud Resources entitled: JUDGES DRAINS ORDER PHH MORTGAGE. If they do not have the mortgage and note then they cannot LEGALLY FRAUDCLOSE. SIMPLY PUT, THAT IS THE LAW. If they don’t have it, they need to RESCIND THE FRAUDULENT CONTRACTS AND GO AWAY.

    • Tim Bryant says:

      That is why I think this will be a case to watch closely. If there was never any assignments, the court will issue a show-cause order. BEK may be doing this as retaliation for the banks hanging them out to dry. If they expose how under-handed foreclosures are done, especially by a GSE in receivership, it will cause a tremendous amount of political and legal fallout. Everyone needs to keep their eyes peeled for any docs that come out of this case. I think the excerpts from the “Engagement Agreement” are interesting in themselves. I would like to read the entire agreement.

      • Tim Bryant says:

        Anyone who lives in FL needs to contact the media about this case. It is a very important one, that might become a “landmark” case exposing how an investor and law firm operate with regards to foreclosures. More importantly, how is the note and mortgage being assigned, if any, as part of these proceedings. By law, there should be an assignment on record for each and every property involved. If not, BEK never had “standing” to bring these foreclosures. Also, what was its practice prior to these proceedings? Also, if the notes were transferred (as stated in the plea), Fannie Mae was no longer the noteholder or a holder-in-due course. I think fireworks are going to come out of this if BEK stands there ground.

    • see says:

      BEK may be going through the files one by one to take out the fraudulent paperwork they produced.

      • Tim Bryant says:

        That is always a possibility as well. I would assume though, that Fannie Mae would have allowed them to do that, without taking them to court. You never know, though.

  9. Gregory says:

    I hope they burn every one of those file. F fannie F freddie burn the files and let the homeowners have their houses………………..

  10. Tim Bryant says:

    My question on this one is, was there ever a proper assignment of the note and mortgages from Fannie Mae to BEK? I would go to your local jurisdiction and see if there is any. If not, you can use it against Fannie in any subsequent action. Any assignment of a note or mortgage, is required to be recorded.

    You can also go onto MERS website, and submit a FCRA complaint. Ask to see MERS records of any assignment of your note and/or mortgage from Fannie Mae to BEK. If there is no record in MERS, I would get an attorney, and file for clear title to your house. Fannie can only show ownership by “showing the note”. Since BEK is holding both, due to Fannie Mae’s negligence, they have no claim against you.

    BEK cannot assert a lien against you, based on the “Engagement Agreement” stated in the complaint. This means there is no proper party to assert any claim against you, AT THIS TIME.

  11. l vent says:

    The banks and the homeowners are not even showing up in court for 95% of foreclosure filings. I witnesses this first hand today when the bank DID NOT show up for a motion THEY filed to sell my commercial property from under me. I could not believe the fraudclosure filings, there had to be hundreds. The Judge actually took a recess from the courtroom after 20 minutes and going through about 30 fraudclosure filings and only 3 attorneys representing 3 banks showed up. It is a disgrace how many fraudclosures there were. If the banks aren’t showing up DUH, doesn’t SOMEONE FIND THAT A BIT DISTURBING? The judge seemed utterly disgusted with going through the motions because there were so many NO shows. Diana Olick reported on CNBC today from My hometown, Chitown on how the banksters have walked away from completing the fraudclosures on homes and are leaving abandoned homes all over the city, blocks full of them. Now, the City of Chicago is demoliting the houses. What a disgrace! These people were FORCED FROM their homes and they never had to leave and where did they go? This is disgraceful and UNAMERICAN. THIS IS NOT NAZI GERMANY! Give the STOLEN HOMES BACK TO THE PEOPLE AND STOP THE FRAUDCLOSURES!!!!!!!!!!!!!

    • losing my home in florida says:

      you sound like me , so sorry i know we feel so freaking helpless and noone wants to help us. look waht wells fargo did to me. when they hack into my home preservation specialists file in dec she called me frantic. so upset. theis other lady they have calling me lied and tells me she spoke to the other lady??? oh they do that all the time a’move files” no she was upset. so i think this all a ploy like in chi town to get us t get scared and move. its shamefull that we did not show that would be it dead and buried why are these lawyers getting a second chance??? all these people should have found these web sites. i personally if i did not find all these sites should have left last year. we hanging int here i vent. i called 4 florida lwyers noone called me back. i do not know waht is happening. i told my cousin in jacksonville that no one is calling.. its almost they rarther me do pro see then defend against wells fargo ????? not sure wht=ats happenign. maybe to many foreclosures not enough lawyers. i am devistated when i watch tv and see empty houses. why do these people leave. i hope my judge feels i have enough fraud against wells fargo or i will be out to. hope the judge gets it and heres in his 90 seconds my pain and suffering.
      its weir in florida they are offering down payment assistance to people buying there firsthome and whathomes do you think they are buying. foreclsoures and short sales.. on the front page of our county paper was a home that was a foreclsoure that a couple bought. they put pictures of the home inthe paper. saying what a great deal they got and their mortgage 500$per month. probably a originally 1200. so sad for the people forced out of there. hope we can find some people to help this is quite scary. do you think the lawyer is holdiiing on to the files and getting his own lawsut together. thats my opinion.

    • Michael-Lynn says:

      Please see my new URL with proposed legislative agenda for local communities to take back these properties from the banksters –

    • losing my home in florida says:

      world war 3 started very scary time to be living

      • l vent says:

        @losing my home in florida: I think it started on 9/11, don’t you? It isn’t full blown yet though, but it is getting close.

  12. losing my home in florida says:

    one last thing how did fannie get an emergency complaint. must be nice to be oart of the government

  13. losing my home in florida says:

    i think he knows a majority of the foreclosures are a scam. maybe he is holding to them and setting up a law suit against fanie mae and the big banks?? they were asked to lie just like the appraisers were. if you do not lie for us a come up with bogus documents you will not get our business. stern should have done the same thing. maybe the big banks are paying stern off to give up?? all good points to this messy fraudclosure debacle.
    guess i should of went into foreclsoure last year. i did a mod with wells that was way to to high thought i would be able to pay until the bp spill caused lower tourists to come to florida especially st pete. so the sm rehab i worked for did not get the stream of patients needed from the larger facitities. we cant claim bp money because it was not our own business. it is sad that wlls fargo needs to cheat to get more money. deny hamp for lost paper work, make us reapply more money. hasnt the government running hamp get it, catch on???
    so her we sit me and my usband waiting for foreclsoure court. the only hope i have is a judge that gets it and understands what we have been through. i live in hernando county florida ” the tampa bay area ” need a good foreclosure lawyer or a malpratice lawyer that wants to go after wells fargo for fraud in inducement with pain and suffering. i am sick to my stomach watching this unfold. i just hope that is what ben ezera is doing.

    the lawsuit the appraisers tried to get through has not worked. have straw buy on one of my comps. heard judges are not info form us. thats bad.. thye make so the banks have the edge.

    message to ben ezera if he logs on to read our messages. hold on to those files and sue their a–es. all of them for making you produce fake documents to cover up lost ones.
    please help us home owners its getting hot in here.

    • Maria says:

      You need to contact Matt Weidners office…..this is how I found your post…he is in your area and he gets it….please do not hesitate although I wll tell you it may be a little more difficult since you already signed a loan mod agreement……there are things they can do to at least string things out for a significant more amount of time and possibly you could save some money…call him, first consult is free

      • losing my home in florida says:

        what was i suppose to do?????????????????????i did notknow about these sites. why is everyone saying that to me. i had no choice i put a significant amount of money down oin this house. i was fraudulently denied hamo. they constantly lost my paper work until they denied me for no reason at all and gave me a refi it was not a loan mod it it was higher than my original mortgage. PLEASE TELLME WHAT WAS I SUPPOSE TO DO!!!!!!! I HAD NO ONE TELLING ME OTHERWISE.!!!!!! there absolutly no info in the papers. i was under duress. I DID NOT WANT TO LOSE MY HOME!!!!!!!!!!!! THIS IS TOTALLY IN SANE THAT I AM BEING CHASTISED FOR WANTING TO SAVE MY HOME AND NOT WALKING AWY MY GOSH. THIS MAKES NO SENSE TO ME AT ALL. WHAT ABOUT AALL THE PEOPLE WALKING AWAY FROM THERE HOMES THAT CAN AFFORD TO PAY. I COULD NOT. I MAXED OUT MY CREDIT CARDS AND — USED UP ALL MY SAVINGS. I AM THE FIRST PERSON THAT SHOULD BE HELPED BECA– USE I TRIED TO SAVE MY HOME!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!! NOT WALK AWAY

    • Michael-Lynn says:

      Please see my proposed legislative agenda to take back these properties from the banksters –

      Any suggestion to improve this is appreciated.

      Micahel-Lynn @ The “MIXED WAR” Room

      • losing my home in florida says:

        wells fargo already put me in foreclsoure fraudulently. but of course thats for the judge to decide. this is crazy making us go through this. this is terrible they lost my paper work and denied my hamp and foreclosed all at the same time

  14. Rot says:

    We need to arrest executives at Fannie Mae and then decend on their data centers and sift through the evidence, it will clearly show a system designed for financial violence. Fannie Mae executives are simply Wall Street Banksters.

  15. insider says:

    The plus is while Ben-Ezra is holding on to files – no foreclosure are taking place.

  16. Catherine Mc Manus says:

    Anyone know which firms Fannie Mae are passing all the files to ??? if they ever get them.
    What is the Statute of Limitations -probably different in every state or about to be changed in every state.
    Fannie Mae hired all these firms didn’t they ???
    It’s seems like a card game, now they want the cards back to shuffle and deal out again.
    Homeowners get the Jokers, Banks get the Aces with extra cards for putting up their sleeves.

    • Katheryn says:

      Rumor has it the new firm is: Shammer Scammer & Schwindler with Bamboozler of counsel on an as needed basis.

    • Michael-Lynn says:

      Please see my proposed legislative agenda for local communities to take these properties back from the banksters –

      Michael-Lynn @ The “MIXED WAR” Room

  17. Pamela says:

    Always put off to tomorrow what you should do today.The Great American Lawyers Pasttime.

  18. If the 50 Attorney Generals agree to set this all aside, can we welcome back David Stern?
    Stan Putra
    Kissimmee Fla
    Racine WI

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