The Wanton Ways of Miss REMIC Trust – II – Misrepresentations by Shapiro Fishman, LPS, & Wells Fargo


The Wanton Ways of Miss REMIC Trust – II – Misrepresentations by Shapiro Fishman, LPS, & Wells Farg

Posted by L

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
Coppell, TX
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?


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.

For 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.


9 Responses to “The Wanton Ways of Miss REMIC Trust – II – Misrepresentations by Shapiro Fishman, LPS, & Wells Fargo”
  1. goldtracker says:

    Anyone else want to see criminal charges and convictions on this clear case of fraud? Anyone else expect that we won’t ever get want we want?

  2. l vent says:

    My husband and I have come to find out about some REMIC fraud being attempted on our commercial property by the pretender lender. The pretender lender went into the business we are leasing out and made the renter an offer. The pretender lender told the renter they would take 100 G upfront and they would hold the note!!!!! We have the paid trustee deed and I did my own research and found that so called remic trust is now in an unsecured, non FDIC insured by the name of North Star. The pretender lenders name is Bayview loan servicing They came out of nowhere and were never assigned the fake note or mortgage. I am going to sue the F out of all these dirty bastards..

    • l vent says:

      The so called failed bank is also hiding in a Foreign bank by the name of Marshall and Illsley, a Canadian Bankster who got bailout money in the TARP BAILOUT. I will release the name of the bank if I have to. This bullshit has to stop. These bastards don’t have the note, I know that for a fact. They have been trying to fraudclose on us for almost a year but they don’t have the balls to come to court with proof. I am calling the Feds.

      • l vent says:

        Ah hem, We The People are also investors lest the Federal Govt. forget. We purchased these homes and commercial properties as retirement investments in many cases. Our commercial property was OUR retirement investment. These bastards stole everything from the people and they just won’t quit. SUE, SUE, SUE all of these dirty bastards, AMERICA!!!!!!!!!!!!!!!!!!!!!!!!!!!!!

      • Deb says:

        Could you please tell me how/what research you did to find out that the REMIC trust is now unsecured & non-fdic insured? and where do I look for the “original” failed lender bank as I think it may be hiding in a Foreign bank? It took me 18 months to fight the servicer & get us off the fc list.! We even sued the servicer (GMAC) but had to dismiss the case. But we are going after them again & I need more info. Can you help/share?

        Mega Thanks for anything you can share.

    • lvent says:

      Deb…the “LOAN” was transferred to a loan servicer after the fraudclosure was filed…I was notified that a servicer “owns “my loan and that US BANK NATIONAL ASSOCIATION is the trustee in trust for the benefit of the holders of BAYVIEW OPPORTUNITY FUND REMIC 2010-12….not only is that fraud..reconveying a loan afternoon a foreclosures is filed but I recently uncovered the serviced is registered in my state as a debt collector…, not only are they a third party debt collector trying to create a new chain of title for the original lender but the date on the REMIC says 2010-2…they supposedly bought the loan in 2011… that would be a full year after the trust closed…why would a loan in foreclosures be put in a trust???? They are obviously trying to be granted a foreclosures for the original lender because the original lender never delivered the note to the trust and they have no proof of ownership….and they are trying to collect the insurance money illegally…..they have my property value jacked up to being worth one million dollars on paper… did they do that???? They cross collateralized my home with the commercial property behind my back…..that cross collate was paid off and released by the first lender….this lender was a refi….they never released that lien but I have the original paid off note….the lien is there if you do a title search…..fraud,fraud, fraud!!!!

      • homy says:

        ok Ivent, you make alot of sense i hope you continue writing to help others. Wells fargo claims also that they are not a new york based bank but that is a lie as well. Do you know anything about this?

  3. l vent says:


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