The Wanton Ways of Miss REMIC Trust – II – Misrepresentations by Shapiro Fishman, LPS, & Wells Fargo
Wells Fargo is the Securities Administrator for REMIC Trust HarborView Mortgage Loan Trust 2006-14. In the April 2011 investor report, loan 0001363575 is reportedly in bankruptcy status with the last payment made in July 2009. Case%20Trust%20April%202011%20Report%20Loan.pdf see page 36
Loan number 0001363575 is the account number on the bottom of a mortgage to Wayne Case in Palm Beach County, Florida public records. Mr. Case is the mortgagor on a $196,900 loan from strawman placeholder MERS for strawman “lender” American Brokers Conduit. Case%20MERS%20Mtg.pdf
MERS database shows this loan is still ACTIVE
|MIN:1000242-0001363575-6||Note Date:08/04/2006||MIN Status:Active|
|Servicer: American Home Mortgage Servicing, Inc.||Phone:(469) 645-3000|
|Investor: Deutsche Bank National Trust Company as Trustee||Phone:(714) 247-6000|
|Santa Ana, CA|
FIVE MONTHS PRIOR TO THAT “LAST PAYMENT” the foreclosure related fraud upon the court & county land records began.
Shapiro & Fishman foreclosure mill initiated a foreclosure lawsuit on March 3, 2009 (docket here) and recorded a Lis Pendens on March 9, 2009. Shapiro & Fishman’s strawman client is Deutsche Bank as Trustee for HarborView Mortgage Loan Trust 2006-14. (Lis Pendens SF%20LP.pdf ). I suspect that LPS is the real client who is most likely in a fee sharing arrangement with Shapiro & Fishman similar to the one laid out in this federal court class action complaint against another Florida foreclosure mill. (In Re: Harris)
I do not yet have a copy of the fraudclosure complaint against Mr. Case, but I suspect there is some claim that the loan was in default and the “note holder” was owed, at the very least, three months of missed payments plus fees plus foreclosure related costs.
Linda Green of DocX/LPS infamy executed, on behalf of MERS, an assignment of mortgage on March 2, 2009 (one day prior to the filing of the foreclosure case). Case%20DocX%20AOM.pdf
In other unrelated foreclosure cases, Shapiro & Fishman and one other mill confessed that Linda Green did not have authority to sign on behalf of MERS No Auth Oct 2008 and No Auth Sept 2009 and Oct 2009
To fix that little “no authority” problem, Shapiro Fishman request that robosigners at LPS doc-shop re-do the document so as to “ratify” the previous assignment of mortgage LPS to ratify DocX aom
This case is still pending, still in bankruptcy status.
Was the loan current in March 2009, the foreclosure process started regardless?
Was the loan delinquent many months prior to the filing of the foreclosure case, misleading the investors?
Are there other explanations yet to be revealed?
AND, we already know that the federal regulators (OCC, OTC, FDIC, the Fed) did not compare servicers’ claims of loan delinquency with the borrowers’ proof of payment. How confident can we be that the regulators likewise did not compare servicers’ claims of delinquency to the claims on the related trusts’ investor reports?
It’s not as if investors were ever before subjected heavy losses due to false loan delinquency data on investor reports, right?
WELL LOOKIE HERE…………………
Deutsche Bank was fined $7.5million for falsifying loan delinquency data.
July 2010 Financial Industry Regulatory Authority (FINRA) fined Deutsche Bank Securities $7.5 million for falsifying loan delinquency data on investor reports. Here’s part of the press release.
|Wednesday, July 21, 2010
Nancy Condon (202) 728-8379
Brendan Intindola (646) 315-7277
|Deutsche Bank Securities Inc. Action (PDF 514 KB)|
FINRA Fines Deutsche Bank Securities $7.5 Million for Negligent Misrepresentations Related to Subprime Securitizations
WASHINGTON — The Financial Industry Regulatory Authority (FINRA) announced today that it has fined Deutsche Bank Securities Inc. $7.5 million for negligently misrepresenting delinquency data in connection with the issuance of subprime securities.
FINRA found that Deutsche Bank Securities negligently misrepresented and underreported the percentages of mortgages that were delinquent in the prospectus supplements of six subprime residential mortgage backed securities (MBS) issued in 2006. The firm also failed to correct errors by a third party vendor and servicers, which underreported the historical delinquency rates of the mortgages in connection with its offer and sale of 16 additional subprime MBS issued in 2007. Further, Deutsche Bank Securities failed to establish a system to supervise its reporting of required historical delinquency information.
“It is critically important that firms provide accurate information for their customers to use in evaluating investments,” said James S. Shorris, FINRA Executive Vice President and Acting Chief of Enforcement. “Future returns on subprime securitizations are affected by mortgage holders who fail to make loan payments. Delinquency rates constitute material information for investors. Deutsche Bank Securities’ failure to ensure that the delinquency information was accurate is an unacceptable failure to meet this important obligation.”
Delinquency rates constitute material information for MBS investments because that data affects the investor’s ability to evaluate the fair market value, the yields on the certificates and the anticipated holding periods of each of these securitizations. Investors may consider this information in assessing the profitability of these securitizations and in determining whether future returns would be disrupted by mortgage holders who fail to make loan payments.
Read the rest here.