Illinois has been on a role here the last couple of days…
Illinois fines first company in foreclosure document probe
Department of Financial and Professional Regulation finds evidence of ‘negligence or incompetence’ by New Jersey-based PHH Mortgage
The state of Illinois said it found evidence of “negligence or incompetence” in PHH Mortgage Corp.’s foreclosure procedures and levied a fine of $290,000.
The order, issued late Wednesday, comes eight months after the state’s Department of Financial and Professional Regulation began investigating 20 state-licensed mortgage companies. It is the first disciplinary action taken.
Mount Laurel, N.J.-based PHH, along with 16 other companies, remains under investigation by the department. PHH did not return phone calls seeking comment.
The state, which asked PHH for 10 complete foreclosure case files, also looked at 20 cases that foreclosure law firm Fisher & Shapiro LLC admitted in Cook County Circuit Court may contain faulty foreclosure documents. In 19 of those cases, state investigators found evidence that PHH had submitted signed but incomplete paperwork to Fisher and Shapiro, with notations that other relevant facts would later be added.
Check out the rest here…
Photos: Signatures from Illinois’ foreclosure doc probe
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4closureFraud.org
h/t Tim
I have had the same issues with PPH. Without repeating all the horror stories everyone else has shared does anyone know an attorney that goes after these people aggressivly? I live in Madison County IL which is a great place to litigate in but I don’t want someone that won’t make them pay for the heartache they’ve put me through.
by Anonymous From Gurnee, IL on June 27, 2011
In July of 2010 and 4 years of trying to sell my condo I contacted PHH Mortgage and started a short sale process with them and my agent. They sent an appraiser out and appraised it at 84,900…10,000 higher than what was selling in the area. Fortunately, in August we had an offer of 80,000 and the lady agreed to wait the 90 days. After faxing, numerous papers to them every month they still couldn’t get their stuff together and by November the deal was off. Once again in February 2011 we contacted them to re-appraise the property so after winter we would have one last shot at the Spring market as the Sheriff’s sale date was April 19, 2011. They complied and lowered the price to 72,900. In March, we once again had an offer of 68,000. My agent being more prepared this time contacted them and didn’t want to lose this client ask them to postpone the Sheriff’s sale as the client’s wanted a speedy closing by May. On April 17th, the lawyer was contacted and told that PHH had refused the offer. When I called to find out why they just stalled around and really didn’t want to say. They kept saying it wasn’t enough for them, so they just let it foreclose.
However, today July 23, 2011; My house was just listed on the Homepath website by Fannie Mae and they have it listed for 61,900 with closing costs available and a special bonus of 1200.00 if the agent sells it by October 31,2011….Something is drastically wrong with this picture.
Does anyone think that we will ever really see JUSTICE? Ya know, where the punishment fits the CRIME. They report that it involves 65 million illegal foreclosures. This is why our government is protecting them. Every article reads the same. They MAY have been submitting fraudulent paperwork??? Then they tell us that the BIG BANKS have plans to FIX THEM?? and the COURTS are allowing them to FIX? WHY? IS THIS HAPPENING IN AMERICA? When it gets out to the ENTIRE population, who could ever TRUST any public official? Well, we know the real story, and already TRUST NOONE? Sad! Then I worry with the DEALS that they are INSTIGATING. None of which will ever benefit the wronged citizens. They are racking their pathetic heads off looking for ways to screw us again. No one ( few) can even find attorney’s to represent us. It’s a total CONSPIRACY against us , to allow, to (legalize the fraud). Maybe we can organize and file a CLASS ACTION LAWSUIT utilizing THE RICO ACT. It certainly appears to be just like organized crime. We can just wait it out, do nothing and see what happens? People are hoping that our COURTS and JUDGES will follow the law???? I’m not so sure any more?
$290,000? Were the laughing when they had to write the check for that amount for their fraud? Hardly a wristslap.
Let’s review every single fraudclosure they have done and start levying $25k fines on each ‘irregularity’ – then follow it up with criminal charges that has management going to prison should any law violations be uncovered (like, I dunno – fraud, forgery, perjury, etc.)
Then I’ll be impressed..other than that, this does nothing but set a little case precedence.
It’s a start. If we want more, we need to fight harder and longer. It’s the state’s findings and if they pay the FINES, then it’s an admission to their faulty mortgage foreclosure documentation. We will not accept losing. We need to scream louder, BUT at least we can run with this and demand our own DISCOVERY based on the state’s findings. FIGHT!
This is a start though the fine is a wrist slap. This does legitamize our claims. I agree they need ot pay alot more and there should be criminal charges being brought against PHH, FANNIE MAE AND FISHER AND SHAPIRO. They are all breaking the law with impunity, trying to fraudclose with fraudulent docs. I was told by one attorney for the pretender lender that they can fraudclose with a cloudy title. I’ll bet the FBI would love to hear that one. More people have to come forward with proof of the fraud. It is massive. I don’t think these entities should be allowed any do-overs once they present fraud upon the court. Fraudclosure is covering up for all of the other fraud starting at ORIGINATION, and there is no “fiixing” fraud. Once there is fraud of any kind, that means they are covering up other fraud and that should mean GAME OVER for the pretender lenders and their criminal attorney networks. BOTTOM LINE, THEY DO NOT HAVE THE ORIGINAL NOTES. It is deceptive to call any of this fraud a mere paperwork problem and even Bloomberg is finally speaking the truth and saying it is ALOT more than a paperwork problem and borders on criminality by the banks and servicers. It was criminal what they did and what they are still doing by fraudclosing on homes they have no legal standing to take. I read that PHH F/K/A, CENDANT has had a couple of their CEO’S go to prison for fraud. Now It is PHH and FANNIE MAES TURN TO GO TO PRISON AND PAY RESTITUTION TO THE HOMEOWNERS BY WALKING AWAY FROM THE FRAUDCLOSURES AND BY BEING FORCED TO GIVE BACK THE STOLEN HOMES THAT THEY HAVE ALREADY ILLEGALLY AQUIRED. HERE IS THE EVIDENCE OF SOME OF THE FRAUD BUT, THERE IS SOO MUCH MORE IF THEY DIG A LITTLE DEEPER IT WILL BE THERE IN PLAIN SIGHT. SCOUR THE PUBLIC RECORDS, AND THERE THE PROOF OF THE RAMPANT MORTGAGE FRAUD WILL BE IN PLAIN SIGHT. NO NOTES EVER RECORDED, THERE YOU HAVE IT THE ORIGINATION FRAUD, THE BIFURCATION OF THE MORTGAGE AND THE NOTE. NO LIEN EVER RECORDED TO OUR DEED. THEY NEEDED COLLATERAL AND THERE WAS NO DISCLOSURE ABOUT THE FACT THAT IN REALITY, THESE HOMES ARE PAID FOR FREE AND CLEAR BECA– USE OF THEIR PONZI SCHEME. AND THAT IS a/k/a, DECEPTIVE PRACTICES., THAT IS WHAT THEY DID TO COMMIT THE BIGGEST PONZI SCHEME SWINDLE AND HEIST IN HISTORY AND OUR HOMES ARE PAID FOR FREE AND CLEAR BECA– USE OF IT.
Now, they have been labled by the State of Illinois DFPR just what they are criminal fraudsters and they are being slandered. That is what they did to us. They are haulling us into court by the hundreds everyday with NO PROOF of anything and calling us deadbeats when they are the criminal deadbeats who caused this disaster. Now hopefully, the judges will scrutinize these entities alot more closely because if they do not they may be held accountable. There are LAWS, a U.S CONSTITUTION and a U.S BILL OF RIGHTS that protect our rights. That is the bottom line and that has been ignored by tricky pretender lenders and their attorneys,who are taking advantage of peoples horrible financial situtations or their lack of knowledge of their own rights in courts of law just to steal homes they have no legal right to take..and they are profitting from that, while the people who were intenentionally and criminally sabotaged, robbed raped and pillaged by their PONZI SCHEME and subsequent, I believe highly criminally deceptive, illegal bailouts are now by these very same criminals, losing their homes, blindly in most cases without being told they have rights. . DESPICABLE.!!!
OMG!! THIS IS HUGE!!! THIS IS MY PRETENDER LENDER. THEY ARE TRYING TO FRAUDCLOSE ON ME. I WAS ONE OF THE FIRST TO FILE A COMPLAINT AGAINST THEM WITH THE ILLINOIS DEPARTMENT OF FIN REG. FISHER AND SHAPIRO ARE EQUALLY DESPICABLE. THEY ARE FANNIE AND FREDDIES CRIMINAL NETWORK OF ATTORNEYS AND THEY ARE HIDING BEHIND PHH TRYING TO JOIN MYSELF AND MY HUSBAND TO FRAUDCLOSE AGAINST MERS WHO IS SAYING THEY ARE NOW THE FAILED BANK WHICH IS AMCORE BANK THAT RE-FIED MY MORTGAGE. DEATH TO THE FRAUDSTERS!!!! THANK YOU!!! 4CLOSURE FRAUD FOR POSTING THIS!!! FINALLY SOME REPUTABLE ACKNOWLEDGEMENT OF THE MORTGAGE FRAUD AND THE FORECLOSUREFRAUD!!!. NOW I WILL MOVE ON TO BAYVIEW LOAN SERVICING WHO “BOUGHT” MY NON-PERFORMING LOAN FROM FIRST MIDWEST BANK ON MY COMMERCIAL PROPERTY AND ARE TRYING TO FRAUDCLOSE AND SAY THE NON-PERFORMING LOAN IS IN A REMIC TRUST 2010-12 SERIES AND U.S. BANK IS TRUSTEE. MORE FRAUD. IT IS RAMPANT.. THEY FORGED MY NAME ON THE NOTE AFTER THE CLOSING. I NEVER SIGNED IT, ONLY MY HUSBAND DID..DEATH TO THE TYRANNY!!!!!!
I Vent, I am so-o-o-o-o- HAPPY for you. I live 15 minutes from these SCUMS here in New Jersey. KNOWLEDGE IS POWER. YOU GO GIRL! Need any more investigation work, just let me know!
Thanks Susan!!!! PHH has tortured my whole family and I told them so just a couple of weeks ago when they called trying to feel me out about what I have against them. The woman with the heavy middle eastern accent from PHH, who I could barely understand, apoligized to me for torturing me and then asked me if I wanted to talk to their legal dept. about my options. I promptly told her I won’t negotiate any options with their so called legal dept. I told her that.PHH will soon be hearing from me in court. This news could not all be coming at a better time because it legitamizes my claims. Just last week a biyatch judge let PHH/FANNIE MAE’s criminal attorney network amend the frauclosure complaint when the first fraudclosure complaint was wrong and I denied they had any legal standing to fraudclose and I asked them to show proof in my answer to the complaint. PHH is trying to join my husband and myself as defendants to fraudclose on MERS. MERS apparently “holds the note” for the failed bank AMCORE .N.A. But PHH sent me the copy of the note and mortgage last fall and claim to be the party of interest. The copies have all of the typos and forgeries on them which I have proof they altered these docs after the closing because I have th originals.. That fraudulent copy is in the FRAUDCLOSURE COMPLAINT. HA!! They think were all so stupid. My public recordings show MERS released the mortgage to us in 07. MERS was never assigned the loan. It is on title as AMCORE NA MERS!!! PHH WAS NEVER ASSIGNED THE DEBT. They have me as GRANTOR and MERS as GRANTEE?? SAY WHAT?? I say fongul to them!! I have to get my cases prepared to send to the Il Attorney Generals Office and this is really great and helpful news.. Funny, $290,000 is almost exactly what we paid for our house in 1992. I think someone is finally listening to us. Soon they won’t be able to call us shadow inventory on CNBC and BLOOMBERG anymore!!! One of the investigators told me after I am done with my mortgage mess they might want to hire me! I told him, I’ll take the job!!! The car business really sucks nowadays!!! Have a great day, Susan!!! If their is anything I can do to help you, please, let me know. We could always chat on FH!
I vent – I see your name all the time; you probably see mine too – I am also doing battle with the same entity – email me – papergate@aol.com – what state are you in??
There are so many great and informative posts, here. One of the issues that has concerned me is the danger of negligence and incompetence getting the force of “law” behind them. That produced the inspiration to write “Eminent Domination”.
http://georgesblogforum.wordpress.com/2011/06/23/eminent-domination/