Fraud Digest | The Devil is in the Details: When Did the Trust Acquire the Notes and Mortgages – A Study of 4,580 FL Assignments

 

The Devil is in the Details: When Did the Trust Acquire the Notes and Mortgages – A Study of 4,580 FL Assignments

BY LYNN E. SZYMONIAK

Courts will be deciding issues related to the assignments of mortgages and notes for years to come.

Did servicers produce millions of assignments of mortgages and notes to trusts with the effective dates of the assignments wrongly states – usually by several years?

If the original documents were missing, did the trustees, document custodians and accountants report to the Securities & Exchange Commission that they had discovered a failure to comply with Regulation AB, Item 1122(d)(4)(ii): ”Mortgage loan and related documents are safeguarded as required by the transaction agreements.” The transaction agreements, including the PSAs, almost
universally told investors that the mortgage documents – defined as the indorsed note, the mortgage and the mortgage assignment – would be safely kept in the fireproof vault of the document custodian.

Did the securitizers and subsequent trustees and custodians make thousands of false statements to investors and the SEC about obtaining and maintaining the loan documents?

Have foreclosures by trusts gone forward where the evidence of ownership of the note, the mortgage or both has been manufactured by the trusts or their agents?

What is the most equitable relief for investors and homeowners?

The recovery of the American economy rests on this answer.

Full report below…

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4closureFraud.org

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The Devil is in the Details: When Did the Trust Acquire the Notes and Mortgages

 

Comments
25 Responses to “Fraud Digest | The Devil is in the Details: When Did the Trust Acquire the Notes and Mortgages – A Study of 4,580 FL Assignments”
  1. DL 55 and Holding......... says:

    Anyone who can still afford a long distance call needs to dial 1-202-456-1111, this is the White House Comment direct number. Tell Obama that he needs to appoint Ms. Warren to head the new consumer protection agency that she helped to design. If anyone else, but especially an ex-bankster, is appointed then Obama should be impeached for failing to abide by his oath of office…….

    It is really getting scary out here, the rule of law is being subjugated by the rule of man (the Banksters) and that equates to who has the biggest guns and the most ammunition.

    I am expecting a third foreclosure attempt to be filed against my property anyday now and after 57 months of fighting off these criminals I hope to make this the last battle. Win or lose and no more draws, this has got to be the last time. Physically, mentally and financially I can not do this anymore.

    I have been pro se through it all and the cost of this fight can never be compensated for. You can’t get back your health, your time or your expenses from these people but I would cut out their hearts if they had one and feed it to my dog.

    From the local attorneys at the bottom of this mess clear up to the Office of the President of the United States and all the scoundrels in between, our form of government and our way of life has been destroyed by nothing more than GREED, and nothing will ever restore this Country to its former glory.

    However, we as citizens must continue this fiight in hopes of preserving what little there is left for our children and grandchildren lest they grow up as the indentured sevants of the World Banksters.

    Good luck to you all…………………………

  2. MomSoTiredInManatee says:

    This question is for LYNN and/or any attorney that deal in this area of law: Can I press criminal charges for fraud against the process server, the company, the law firm and/or anyone else for my illegal process of service? I know you don’t know my case, so you can’t answer on a specific basis, but on a general basis I am going to lose my home because my attorney didn’t file the Motion to Vacate the Summary Judgement due to Fraud in time, which I’m told I can’t do anything about, however, I still would like to pursue Fremont/ProVest/Law Offices of David J Stern and and others on a criminal basis starting with the 2 COMPLETELY different Process of Services for the forclosure in my case. The process server “mysteriously” got my phone# and made arrangements to leave a copy of one of the Process of Services at my house because I was not at home and a completely different one showed up filed at the Clerk of Courts. BOTH had different times of service, althoguh theinfo was supposed to be the same the handwriting was different and according to the FL Div of Corp. the company name was no longer in existance for approx 1 year prior to the date stamped on the Affidavit of Service and more… That would be one of the starting places plus I some other documents that DEFINATELY are not my signature and are forgeries from the Attorn

    • Friday 10 June 2011

      In general, if not challenged from the outset, the right to challenge
      defects in service of process are waived. What you are reporting
      is a discrepancy in service of process, maybe evne faulty.

      What you are conveying may not be a waiver issue, and maybe
      a crack to open your case and make it void. Maybe a long shot,
      maybe not, but even the longest of odds is better than none.

      Make copies of what is in the case record to support your findings,
      and also create an affidavit, stating the facts of the matter.

      You must get a copy of your local statutes or county where you
      live and see EXACTLY what is required for service of process.
      Even better would be if you ahve access to a law library to look
      up cases dealing with defective service of process. They are
      great aids in putting a case together. Compare what is
      required to what transpired and make a case out of it.

      If inconvenient, you have some choices to make in order to do
      whatever it takes.

      General, yes, but some possible direction.

      Never give up. Foreclosing attorneys make numerous mistakes.
      You just provided one example. Good for you!

  3. John B says:

    Excellent, well-written, document.

  4. maia says:

    To MOMSOTIREDINMANATEE–there is help–provide a way to contact you–

  5. l vent says:

    What a scam. This Government is a disgrace for allowing fraudclosures to continue. I heard a report today that the public approval rating for CONgress is now 3%. The lowest approval rating ever. They all need to be ejected by the people because they are all completely treasonist and completely corrupted and therefore useless. Obama is never going to get in 2012 if he does not do something now to fix this mess. This is a powder keg, waiting to blow up.

    • I vent…The government is a disgrace period. Notice the silence from ALL OF THEM? Gee…you heard CONgress rating is 3%? I figured it was closer to zero. I wonder WHO the 3% are? Hmmmm The whole damn bunch of them all need to be ejected …that includes the WH and the financial industry. People are raging mad and they have good reason to be. These bastards all participated aiding and abetting in the same fraud ponzi scheme…they all knew what the hell was going on…it was money in their pockets. And we all know now what actually went on….and it smells very foul. We owe them all alot of payback….and that ‘ pay’ ain’t money either. Get ready for the show ‘ down ‘…. it’s a start. With all the power of being united together…we will dance in the streets to ” AMERICA THE BEAUTIFUL ‘…..

      • Are you in a judicial or non-judicial state?

      • I have had five attorneys tell me they will not go up against the bankers. And one attorney tell me personally if he helped me the judge would make sure he lost his next five cases. I have had a customers attorney tell him and his wife a similar answer, and one attorney that I did hire to file modification fraud, change her mind and tell me the judges in Washington will not rule for the homeowner, they will rule for the bank, so she changed her mind and wanted to file chapter 13 for me and fignt the mod fraud in the chapter thirteen, which I reluctanly filled out in December 2009, and she has yet to file because they have not posted a foreclosure on my house. I was one of the millions told I would not qualify for the mod and have refiled and refiled for ten months, being told all the paperwork had not arrived, and after the third servicer, never the same one, told me to purposely get behind one month, and seeing my business of thirty years loosing customers that had lost their incomes and homes, I finally listened to the bank, after all it was the bank telling me to do it, and I received the mod, paid for five months and then was told I was disqualified, and I would have to come up with over twentyfivethousand dollars including late fees, because since I was disqualified now, my mod payments were considered partial payments and I was litterally drug into foreclosure statis. Yesterday, my sister who is fighting to save her home, asked a freind of hers, for the attorneys name that was helping them. She was told the attorney was helping her in secret, hiding from the barr association, and did not want to be exposed to the publci, because he knows how corrupt the judicial system is in the State of Washington, and they would disbar him for helping homeowners. It is like we live in Russia, with Gestopo. My sons home is in danger also. I found ROBO signers all over his docs. G. Hernandez is claiming to be the assistant secretary of MERS., G.Hernandez is posted on the internet as assistant secretary of RECONTRUST (the dept collector attempting to steal his house.) INSTRUMENT NO. 201007020538 in Pierce County,State of Washington, assinment dated [July 02, 2010]. Then I found G. Hernandez as assist. secretary of RECONTRUST, ONLY LINED OUT. replaced by Cheryl Lee as asst sec of RECONTRUST, rubber stamped below G. Hernandez name, on his This Firm is attempting to collec ta debt letter. Then I found INSTRUMENT NO. 20090831001476 in King County, State of Washington records, with G. Hernandez claiming to be the asst. sec of RECONTRUST. [August 31, 2009] . INSTRUMENT NO. 2009-235820, [dated July30, 2009] from Crooks County, Oregon I found on the web for ROBO SIGNER LETICIAL QUINTANA,, whom was exposed already, Leticia Quintana is claiming to be asst sec of MERS, when she and G. Hernandez work for RECONTRUST, along with hEr name I found G. Hernandez AS THE NOTARY witnessing Liticia assigning appointment of successor trustee to RECONTRUST,, “A LITTLE CONFLICT OF INTEREST” AND FRAUD!!!!

      • l vent says:

        Hi Marilyn, did you see what is going on in Wisconsin? Elliot Spitzer talked about it on his show tonight. The people have set up a tent city on the lawn of the State Capital and they are calling it Walkerville, a 2011 take on Hooverville. They are protesting all of the B.S. by the Nazi Repubs up there. Bloomberg reported today there is going to be thousands of layoffs on Wall Street and Jamie Dimon, CEO of Chase called out Bernanke at his press conference yesterday about a can of whoop ass that is going to be opening up on the financial sector with new rules and regs that are going to make it harder for the poor banks to make gagillions off of things such as debit card fees and the banks are going to be required to have alot more skin in the lending game. I heard Elizabeth Warren is about to get kicked to the curb and Obama wants to appoint an ex-bankster for her fin reg job. The show down is begining you are right, and it is time for the American people to take OUR country back from these bastards who have hijacked it..

      • l vent says:

        Shelley, I share your frustration about this whole scandal with these so called foreclosure defense attorneys who do not want to step in the Judges toes. There is definitley an UNCONSTITUTIONAL CONFLICT OF INTEREST going on here with these judges and these fraudulent mortgages. Have you called the FBI white collar crimes division? They may be helpful in steering you in the right direction. Tim Bryant suggested how about an out of state attorney who is licensed to practice in your state? The saying used to be a good lawyer knows the law, a great lawyer knows the judge. Not so much when the Judges PENSIONS are invested in these FRAUDULENT MBS’s. Best of Luck to you.

  6. MomSoTiredInManatee says:

    There isn’t any justice and NO one really even cares!!! My kids and I lose our home next week and even with my name forged, their fraudulant signatures and backdated documents, they broke into my home, changed the locks illegally, had me spend tons of money moving in and out string me along working out deal with false hope and even with them only leaving my Process of Service at my door instead of giving it to me and then filing a completely different one at the court house. All the Attorneys want is money we don’t have because they’ve bled us dry over the past 5 years and with no money and bad credit new landlords won’t even touch me. Again in two weeks I lose my home, then its my kids and then Ill have nothing because my kids are my world. It’s funny they’re the criminals and I’m getting the life sentence and all the Attorney’s are so pissed, but only for a price. God help me please and my kids too because I don’t know what to do!!!…

  7. AliceN.Wunderland says:

    I am looking at an assignment filed on 1/18/11 to a Trust whose PSA is dated 11/01/05. How ironic that I just pulled this up and here is the proof right before me As to the Note it simply says “that secures the underlying promissary note”. Litton Loan did this one from MERS to Duetsche Bank. To whose advantage is this, is Duetsche Bank requiring the PSA be complied with at this late date and what are the ramifiications. Robo-signed of course. Keep those fraudulent docs coming….

    • Stupendous Man - Defender of Liberty, Foe of Tyranny says:

      The PSA cannot be complied with at this late date. Either the trust held the instruments as of the closing date or it didn’t, and further never can.

  8. MomSoTiredInManatee says:

    There isn’t any justice and NO one really even cares!!! My kids and I lose our home next week and even with my name forged, their fraudulant signatures and backdated documents, they broke into my home, changed the locks illegally, had me spend tons of money moving in and out string me along working out deal with false hope and even with them only leaving my Process of Service at my door instead of giving it to me and then filing a completely different one at the court house. All the Attorneys want is money we don’t have because they’ve bled us dry over the past 5 years and with no money and bad credit new landlords won’t even touch me. Again in two weeks I lose my home, then its my kids and then Ill have nothing because my kids are my world. It’s funny they’re the criminals and I’m getting the life sentence and all the Attorney’s are so pissed, but only for a price. God help me please and my kids too because I don’t know what to do and I don’t have the energy to figure it out anymore!!!…

    • Readdocs says:

      If the mortgages and notes are not transferred, what exactly are the investors buying? And what guarantee is there through shoddy paperwork, is the borrower given the payments are going to the right designation.
      If the mortgage and note is not transferred in a timely manner, what happens to the tax exemption of the trust?
      How many millions will the trusts lose to the IRS through loss of exemption due to the neglect of the custodians?
      What kind of justice can the investors and borrowers ever expect due to the massive fraud being perpetuated even today?
      Many more questions and no answers and no stopping the fraud that continues today.

      • lies all of it says:

        hey readdoc i figured out 9 mortgages payments are missing that i paid to wells fargo. poof. DO not understand what is going on and why no one wants to help us. there is so much fraud. it has been all uncovered yet foreclosures have not stopped ehy is there not a mortitorium yet? i

      • Readdocs says:

        I know about missing mortgage payments too. After 4 years I discovered they were diverted to another
        account, so my place could be foreclosed on.
        And sometimes, quite unfairly, the fraud seems to go on and on. It will have to be the citizens of this
        country that will have to take this snake by the head and crush it with our heels.

    • lizinsarasota says:

      How about filing a motion for a temporary injunction and schedule a hearing time? No offense, but you can do some of this stuff w/o an attorney.

    • I am not an attorney, I am Pro Se and dong what ever I can to stop and block these crooks. You may be able to buy some time, if you send them a letter of dispute. I became frustrated with my attorney whom has done nothing, and I have paid her in full as of December 2009. So I filed a Pro Se case last August. I am just doing my best to fight on my own and learn everything on the web that I can learn. Thank goodness for Lynn Syzmoniak, and Elizabeth Warren. Elzabeth stopped Obama from signing a bill, that passed through both houses of our CONgress, that would have forgiven the banks, and gave them billions more to litigate against us and steal our homes with no way to fight. You all need to e-mail Obama to appoint her during recess because the CONpoliticians are doing everything they can to keep her out of the office we need her in to help us, and she will help us. Go to “livinglieswordpress’ and click onto letter of dispute, and other letters, like letter of Objection, Letter of Dishonor and cancelation of the debt. And look up Notice of Cancelation of obligation and Notice of lawful Seisin. And Urgent Memorandum, and send them cerified mail to the would be foreclosures, and the pretender lenders, and try to block the foreclosure and the sale at auction. Then filed all the above at the recorders office. If it works your ahead, if not you tried. It should delay them if nothing else. You must put a cover letter on top of them you can take off the internet that should be available at the recorders office. And pay extra for the emergency and odd paperwork. Or go to the recorders office and file it so they help you get it filed correctly. You can file them all under one cover letter. Be sure to put your reference number as being your instrument no. for your deed of trust. You might buy time, and you may get luckier than that. I am in a non judicial state that is worse than judicial states. Send a copy of your problems and these letters to the Comptroller of the Currency and your attorney General. My sisters house is suppose to go to auction the end of June. The banks are starting to send foreclosure notices by face book, if you have face book I would make a statement that this is not manned therefore legal documents will not be accepted on my face book. Good luck I am just winging it I am not an attorney. It is worth fighting in any way we can.

      • l vent says:

        Maybe you have not heard the news, Obama wants to appoint an ex-banker to Ms. Warren’s position. Just what the American people need right now, another bank bitch to “fix” things for the bankster crooks. and their minions. I was not for sure about it before but now I firmly believe, Obama’s gotta go. I do not think he is all bad but they bought him and his presidency and now he is powerless to fight them..

    • John B says:

      i live in manatee county, fl and may be able to offer some help. my email is fx24us at yahoo,

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