False Statements | Bank of America, Bank of New York Mellon, CoreLogic, CWABS, CWALT, MERS
False Statements
Bank of New York Mellon
CoreLogic
CWABS
CWALT
MERS
Action Date: June 27, 2011
Location: Simi Valley, CA
Who are Bank of America’s newest robo-signers? For several years, BOA turned to its subsidiary, BAC Home Loans Servicing, in Collin County, Texas, whenever mortgage assignments were needed in foreclosures. This office, formerly Countrywide Home Loans Servicing, produced hundreds of thousands of assignments, including most all of the assignments to Countrywide CWABS and CWALT trusts. In recent months, however, BOA has turned to its office in Ventura County, California, as the Collin County, TX, signers have become too well known. These assignments are made primarily for CWALT and CWABS trusts that closed in 2005, 2006 and 2007.
These assignments claim to assign both the mortgages and the notes to the trusts.
On each of these assignments, MERS is stated to be the HOLDER of the mortgage.
Who are the newest signers – who use MERS titles to assign mortgages TO BAC while actually working FOR BAC – signing as if they were MERS officers for dozens of different companies? The names appearing most often include:
Ricki Aguilar
Malik Basurto
Youda Crain
Diana DeAvila
Edward Gallegos
Christopher Herrara
Bud Kamyabi
Tina LeRaybaud
Jane Martorana
Martha Munoz
Srbui Muradyan
Debbie Nieblas
Yomari Quintanilla
Luis Roldan
Miguel Romero
Cynthia Santos
Swarupa Slee
These individuals, in 2011, have signed as MERS officers for the following mortgage companies and banks, including many that no longer existed in 2011:
Aegis Wholesale Corporation
American Brokers Conduit
America’s Wholesale Lender
Amnet Mortgage
Ampro Mortgage
Countrywide Bank, FSB
Decision One Mortgage Company
First Choice Funding, Inc.
First Interstate Financial Corp.
First National Bank of Arizona
Market Street Mortgage Corp.
M/I Financial Corp.
Millenia Funding Corporation
MortgageIt
One Mortgage Company, LLC
Pinnacle Direct Funding Corp.
Pulte Mortgage
Quicken Loans
Universal American Mortgage Company
Service Mortgage Underwriters, Inc.
Wilmington Finance, Inc.
CoreLogic in Chapin, South Carolina, is the keeper of these documents.
Bank of New York Mellon is the trustee for most of the CWABS and CWALT trusts that use these BAC documents.
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I’m still around lost the house in May. It is such an injustice. The presiding judge was an investor with CWABS. Feel free to contact me . ejbault88 @gmail.com. I will give you my phone #as well. It’s been Hell to say the least. I think we need a Sam Adams ,and I don’t mean the beer!!!
still working on my case…Does anyone have rob signers from MERS by the name of Dominique Johnson, Mark Alan Mc Closkey or Daniel Leon???????
I have contacted you before and appreciate your information. Not sure this reply line is active any longer? I have been fighting Bank of America for over 5 years on five loans that were allegely originated and funded by Countrwide Home Loans which Bank of America alleges they took over back in 2008. They emplyed a crooked lawfirm of Janeway Law that was fined by the state of Colorado back in 2014 for nearly $650.000 for their crooked practices in foreclosures and they were able to pull off a wrongful foreclosure last year and the assignement was by known robo signer Michele Sjolander and the phony modification that Urban Lending Services did as supposed “attorney in fact” for nasty old B of A with an “in-house” modification that was likewise robo signed and never recorded at the same high interest rate of nearly 7% merely extended out to 50 years.
Now they are after another one of my properties and Janeway is doing the foreclosure. The loan was taken out in 2002. They did an assignement with robo signer Martha Munoz stamped name as Vice President of MERS and it was notarized in Ventura, CA. This is sure a big mess and nasty old B of A can enter any courtroom in America with clean hands after all the lawsuits, fines, and penatlies and rule 120 in Colorado where all judges can just sign a blank check to the banks!!! Sure a shame but not much one can do unfortunately!! Semper Fi
I couldn’t get BOA to foreclose. I informed the bank in Dec 2008 that I would be leaving the property, due to illness and permanent disability. I had a 2-year old son and my mother suggested I relocate to FL. So we did. I believe my house, located in NJ was scheduled for sheriff sale on Nov 9 of this year. BOA REF– USED to foreclose…instead transferring my mortgage to different divisions tonavoid it. They lied when squatters mived in, statibg it was MY responsibility to get them out. I knew their legal names and they could have proceeded with foreclosure. I’d be interested in participating in a class action law suit. They never secured the property properly allowing more damage from vandals. This is unfair and they shpukd have to pay. The last company my mortgage was sold to was Ditech…which I sure they are connected. HOW CORRUPT!!!.
Folks,
I am in court with Bank of America in similar circumstances. I have one Bud Kamyambi and Diana DeAvilla on my mortgage assignment. Can anyone with their signatures please share.
Bud Kamyabi, signed an assignment of mortgage where the MIN # was redacted… I’ve been in a suit for my property for 5 years… BOA, BONY, BONY-Mellon, Shellpoint, Assurant, Plaza Home Mortgage, Countrywide.. all in bed together, lost notes; I have proof of BONY loss notes… MERS 5 years after assignment has Bud Kamyabi sign an assignment of mortgage with the MIN# redacted & records it in Honolulu … no endorsement by any of the lenders above except the first one… two holes in the title, two lenders BOA & BONY sued each other for lost notes; in the CWALT & other traunching & pooling of notes… then forgave and indemnified each other in a settlement and continued to foreclose on homeowners without ownership of the notes or true assignments of mortgages.. they cannot prove their case. The pooling service agreements state in these truaches that the Seller of the note and Mortgage who sells it to the Trust, must buy it back if it defaults or if they refinance it while they are servicing it (they often continue to service the note and mortgage after selling it)….. I tried to get BOA to refi my mortgage when they pushed the interest rate from 7% to 11% & they said “you have to be in default for 3 months before we can refi you”… my credit score was 720! … So, they forced me to default.. I did not know at that time that they lied! They had no intention of refinancing me because they would have to buy the note and mortgage back from BONY-Mellon. I started my investigations 4 years ago… there is so much more. The problem is also that the courts are so backed up with cases that the Judges just rule according to what’s been done and do not have time to listen to the whole story… they cut the consumer off at the knees. The Consumer Financial Protection Bureau has dozens of complaints from me… I don’t know if they really follow up… maybe it’s a guideline for them to see who is not following the new Dodd Frank Act and Mortgage Rules.
I would love to have a copy of Bud Kamyabi’s signature if anybody has it… and any other information that can prove MERS robo signed these assignments of mortgage.
Thank you and best wishes to each of you.
page 15 in this file
https://lakecountyclerk.org/record_searches/tax_deeds/tribute_web/ShowPDF.aspx?D=42307&B=1
Page 1
http://deeds.desotocountyms.gov/T/T03295-00343.pdf
Page 1
https://sussex.landrecordsonline.com/sussex/search.do?indexName=susseximages&lq=Instrument%3A20130130010027710
Aloha Bobbi!
Thank you for all your info. I live on big island, am in foreclosure with BONY Mellon, plaintiff, and Shellpoint as servicer for sometime now. BOA and Assurant and Countrywide also in past.
Without going into this here and now, I hope things are looking up for you. Can’t afford an attorney but have been blessed with some conversations with a couple of them who volunteer on other issues, and have helped a bit with the foreclosure questions.
I feel so alone in this and would be grateful to have communication with you, if can and will. kathy.shivel@gmail.com. I can email you my phone number if you email me with your email address. I feel I’ve just begun to study this, the transfers, assignments, notes, etc. MERS, and all the fraudulence in all of this.
Hope to hear from you. May all your efforts be judiciously rewarded.
Mahalo,
Kathy in Kailua Kona
Good morning Kathy. Thank you for your response my case is a very long one. I started it pro-se,
filing against all the banks and all the third-party servicers. In January 2014 I turned it over to one of the largest law firms in Honolulu. I’ve tried to file for refinancing with bank of New York Mellon four times with their documentation and it’s the same story. Now, before my case has even been heard bank of New York’s lawyers who are also representing RCO, LLC who was sanctioned by the Federal Reserve for many white-collar crimes, has filed a second lawsuit against me. Both cases are to be heard in January. This mortgage companies have committed so many acts against the law that you were I could never get it in the courts are so crowded that the judges don’t have the time to hear the whole story. I am hoping my case will go to trial and I will have a jury of my peers. I clearly understand everything they have done now and would look forward to the day that I can stand in front of the judge and draw a chart and show him everything. This website will not publish emails.
It is nov/2017. I would love to know how things have gone for you. I hope well. I am a prose litigant and have had a similar situation re Countrywide to Bof A and Bank of NY melon CWalt trust..sent Qwr and no answers re Pooling and servicing agreements. Closing with no consideration was done 2006, then apparently endorsed to countrywide and then another in blank, not dated, then another signature stamp with void across it., (known robo signers) , however an alleged assignment was recorded in 2011 to bank of ny mellon..if you have the time could you email me mmljsolutions@gmail.com..we may have common info to share..thanks
This happened to me. I almost had a nervous breakdown. BofA hosed us on our Countrywide loan. I know our loan was fraudulent but I could not find anyone to help me. Lost home last May.
Consumer, read FDCPA’s mandated federal protection (15 pgs) that is not up for interpretation of the state judge/administrator nor the friend of the court attorney.”All FDCPA roads lead to consumer protection.”
Is Trisha Jackson , supposed assistant Secretary for MERS a Robo signer
Does any have Carmelia Boone or Khadijah Gulley?
I have Lanetia Jones, Angela Nava, Jessica Ulary, Dominque Johnnson, to name a few..
Please email me at wacporsche@yahoo.com.
Many thanks
I have assignment of mortgage from the registry of deeds dated 2011 with Yomari Quintanilla
and also a letter of assignment from Bank of America dated 2012 naming green tree as my new lender.
The courts are in partnership with the banks! I am in court w b of ny mellon as trustee for cwalt…on answer day of the claim, the assignment of mort was transered from bk of ny mellon fka bk of ny as trustee for certificateholders of cwalt alt 2005-6cb mort pass thru series2005-6CB to the bank of new york mellon fka bk of ny as trustee (cwalt 2005-6CB). They filed a sub of parties w/o hearing over 90 days after fraudulant transfer was recorded, they were granted this motion within one week! When dates were set for the case, the attorney of record was not present and as it turns out, thecase was set using the first fraudulant assignment as the plaintiif who filed the case, they served discovery in the wrong name and my objection was ignored by the court. I have been ordered to answer the discovery even though the discovery cut off was August 8, 2014 and there was no motion b4 the court to extend. Sub plaintiff filed motion for summary judgment w/o leave on October 8, 2014 and it was granted onNovember 19, 2014, so I am supposed to answer w/in 30 days, and respond to discovery on December 5, 2014. the trial date was supposed to be November 18, 2014 but it was cancelled to allow the sub plaintiff to motion for status conf at which time, the court ordered the sub plaintiff to produce the “Original” Promissory, they appeared on Nov 19,2014 with the same photo black ink copy of what the original plaintiff filed withthe complaint, I moved for immediate dismissal which was denied as magistrate stated that he could not determine if the document was the Original, I asked for the wet copy (blue ink) which was never produced. The court has 3 photocopies (Original Promissory Notes) variation of the same note, The court allowed me this chrade and after conference, the magistrate released a barrage of judgment entries which it had been holding since April n2014, which included the order to compel discovrry within 10 days, objection to motion filed in August 2014 (ignored) .Sub plaintiff has already supplied the cout with their je for the magistrate to adopt as well as the final je for the judge to sign off on. I plan to appeal but I live in Cuyahoga County, Ohio where the judges in the Common pleas court are related to the judges in the Eighth District court of Appealsand just as this foreclosure is predetermined, so is the appeal, I have been told that the court will stop me from defending myself by declaring me a victatious litigator. I will file bankruptcy and force the change of venue to federal court. The servicerd have broken into my property and attempted to bu r n it down by cutting the shut off value to the water main and cutting the ground wire on the electric, both utilities had been shut off, but were turned on to assist with what can only be called attempted insurance fraud-the latest bankster scam. I am sriting the Presid ed nt of the US and US Attorney General, state officials hav ed been compensated through lawsuits filed, but they are not assisting the citizens who were truely victimized and continue to be victimized by our own local and state government who’s purpose is to be of the people, for the people and by the people-no taxation swithout representation. It is time to dump the tea and grab the pitch forks.
,
I had to move into my rental because the banksters kept breaking in and trying to destroy it, they ran out my tenants ank have prevented me from collecting rent. Cleveland Police we re called and refused go arrest two who were captured in the house after breaking in and changing locks f or 3 years. This is a racked and rico charges are in order.
Hi Rita, I too am going through some unbelievable stuff. I sure would like to hear your story. How can I contact you?
Funny you should say that. The name of one of the Robo signers is the same as the name as the wife of a District Judge in NY.
HONORABLE VINCENT J. MARTORANA
First and Fifth District Court
3105 Veterans Memorial Highway
Ronkonkoma, NY 11779
Wife’s name is Jane Martorana. Weird coincidence or not, I don’t know.
I found other people with documents robo signed by Loryn Stone. I could not locate Kathy Repka docs and paid for a report. You can pay for a report on any of the robo signers and they will gather docs from all over with that sig. Most likely you will find different sigs and sigs on same date but different counties and even different states.
I just came from courthouse. Today is deadline for filing First Amended Complaint. I could not get in Friday to place in drop box. Today they refuse to accept without a Proof of Service attached. More time wasted when there is so much to do. I should be able to mail that in to the court after I get this filed. Anyone know a way around this??
Where do you get Paid for reports from?
Are you asking what company I used to buy the report from? ProTitle Usa
cwww.protitleusa.com
Anyone have anything on Deatrice Honey aka Deatrice Landfair and Rebecca Cosgrove robo signers for banks?
It is possible to find interrogatories online for MERS. These are questions they have to answer. Also, in CA MERS cannot defend itself in court as it is not licensed. Have your atty look for this info. I found information on MERS Flaws in CA.
And there was a recent settlement with DOJ by BoA involving only 7 states. If you are in one of the 7 states, you may have some relief.
I have been unable to find the trust for my loans. I am going to look for the words America’s Wholesale Lender in my paperwork.
One of my loans was originated by Home 123 and “sold” to New Century. Countrywide was the servicer. I thought they owned the note. I cannot find a listing for Home 123 with CA Sec’y of State. They are wholly owned by New Century and this was not revealed. Is this a TILA violation? New Century filed bankruptcy. If Home 123 was not licensed at time of funding, is entire loan void? Will this cancel the foreclosure by BoA? The Assignment by MERS to BoA was done after New Century filed Bankruptcy.
If you are the person with an atty, have him/her sent interrogatories to MERS and/or BoA, asking for information on the robosigner and her employment status. He/She should know how to do this. It is called Discovery.
Are any homeowners winning in court against this overwhelming fraud that the banks are using to steal our homes? Are the judes just ignoring the fraud and still ruling in the banks favor? It is one thing to have a abundance of provable wrong doing and fraud by the banks that we present in court but if the judges ignore us because they are either afraid of the banks or are being bribed or told by the government to foreclose anyway we need to hear these stories. If we don’t help each other out many of us are not only going to be homeless with no credit scores high enough to rent but if hiring lawyers is a futile situation this will take our only asset left which is our cash. Does it ever work out in court for the homeowner?
Any current information about results of the people like ourselves that have been scammed and run through the mill with these fraudulent transactions?
Well lets see i’m in court on MONDAY have an expensive attorney who was not confident based on the fact that the judges don’t care and a forensic loan specialist confirm fraud and still had a similiar comment and told to hire a court reporter so I can appeal. MONEY MONEY. I have a countrywide loan 2006 and michelle solander on my note etc…. FRAUD…. it’s been a nightmare and now the lawyers have lost faith…
Look at BOA vs Nash . all of it is fraud and void if you have countrywide Americans wholesale lender in your deed from 2003-2007 email me for copy mchaneyjoe gmail.com
to sheri & joe
I am a pro se CW/BOA/BONYM/CWABS Inc victim 2007 refinance cost 17,000. and left me with an increased payment 500.00 a month. Fraud at origin. Been fighting 7 years. 5 Notice of Default, 2 modifications (one mod cost 25,000.) no joke have the wet ink docs on it. Modifications are only another way to extract your financial resources DONT fall for it. They lure you in and the reality is you are making payments on a home they will take from you later. Payments on a home you can never own or never sell because of the way they have clouded and encumbered the title records. Refuse deceiving modifications and DEMAND JUSTICE!
Every action more fraud, repeat fraud more damage………Two years in Circuit Court and they granted the criminals SJ ruling gave them my house. I am now before an Appeals court but I’m making mistakes, can’t keep up and imperfect form. Yeah the courts will not acknowledge and hold them accountable its utterly insane as a homeowner the courts are our only hope for justice and they are failing us in disturbingly dysfunctional ways. They are not living up to their oaths nor properly applying law, rule and procedure. Check if your judge has stock or retirement pension with BOA mine does.
I also have Michele Sjloanders rubber stamped note if you can forward anything with weight regarding my case I would be immensely appriciative for I have done this completely alone thus far and I would be happy to share my work and research with anyone that I can help with similar case statistics. Mary coltonm001@hawaii.rr.com
PS I am seeking some media coverage or a journalist who can air my dirty laundry in the biggest way possible. The courts like to keep their actions on the down low and hush me when I use the word fraud (they prefer denial and like to call it “misconduct”) I’ve had it with the protection going to criminals and the victims being diminished, robbed their money, homes and dignity. I’m ready to be a siren screaming, bell ringing, red flag waving whistleblower and get this out where people can see the truth and if our courts are not there for us it is time to devise a new approach and method! We have to gather and revolt against this atrocity of removal of our rights.
Joe what if they are listed on my documents as Countrywide Home Loans Inc.?
Mary
I have countrywide home loans 2003
I live in Tulsa, OK I have contacted my state senator James Inhofe because the judges have allowed the debt collector for countrywide home loans to take my home of 10 years after the government established the fraud and although Bank of America owned my mortgage my home was auctioned off on April 12th, 2016 and I have no place to live or go……….can you give me any information that can help me…please contact me at av_avingtonjr@yahoo.com
The courts are allowing and orchestrating the illegal foreclosure of the properties of private citizens throughout the USA, they have assumed the position of the banks and instead of protecting the people from these unethical and illegal practices, they are agents of the banks.
There is no representation of the people in this process as the moving party is the county in which the property is located. The USA is pulling off the biggest land scam since RECONSTRUCTION, these illegally foreclosed upon properties end up in the county landbanks.
SEARCH – YOU TUBE – NO TAXATION WITHOUT REPRESENTATION JANE LOCKE
We need a national or worldwide organization to address these crimes, the United Nations seems to be the proper venue to hear the injustices placed upon the citizens by its own governments, we must remember that this is a worldwide occurence and I am now convinced that this so called mortgage crisis is nothing more than an intentional act designed to increase the gap between the haves and have as the intent of the banks is to acquire the properties by any means necessary.
I have been fighting for 4 props located in Cuyahoga County, Ohio, I am fighting the courts, county, utility companies and pubic utilities and city police and fire, this is organized crime and it is a profitable business for the municipalities, they have vested interests in the outcome of these foreclosure cases. We need to move all foreclosure claims to the federal courts for judication as this court is charged with banking regulations and unfair debt collection, the federal courts have no vested interest in the outcome of these csses and is better positioned to properly rule on these cases, having also the authority to bring legal action against instutions like Bank of America and Countrywide Home Loans for the falsification of documents being used to move these foreclosures through the state courts, which ignore the fake documents presented before them. HELP IS ON THE WAY
SAVE ALL OF YOUR DOCUMENTS, ESPECIALLY THE ONES EXHIBITED IN COUNTY COURT AS THE STATE IS JUST AS RESPONSIBLE FOR THIS FRAUD AS THE BANKSTERS.
Keep all of your records, you have been dupped, a money claim in federal court is your best course of action, unfair debt collection, fraud and misrepresentation are charges that can be pursued, the property is lost, seek the treble damages on the false value that was placed upon the home at the time of the origination of the loan, these are not mortgages as they are not secured to properties, they are — USERY LOANS, and they are illegal. Search – YOU TUBE-
“Cuyahoga County Landbanksters Jane Locke” a demonstation of the illegal pursuit of property in Cleveland, Ohio, when you refuse to walk away. GOOD LUCK YOU ARE ON YOUR OWN!!!
Ms. Locke: I am not sure if you received our response on May 6, 2016 because I didn’t see it posted however I am re-sending my post to let you know how much my wife and I appreciated your comments on our current situation. We have continued our fight against Countrywide Home Loans in the Oklahoma Supreme Court of Appeals in hopes of a financial remedy for what has happened to us. Even though we will have to move from our home of ten (10) years as senior citizens it is very difficult to move with very little financial resources. We can only hope that on May 31, 2016 when we have to be completely removed from our home that the our Lord and Savior Jesus Christ will have a remedy for this devastating situation that have happened to us. We will follow your advice and move forward with our fight for justice in the federal court of law. Thank! you!!! So!!! Very!!! Much!!!!!!!…..Respectfully. THE AVINGTON’S
I could have written this Sheri. I had the EXACT same thing happen to me in Baltimore, MD. Not one judge would even look at any of my documents that proved beyond a doubt that the paperwork used to take my house and ancestral water front property were forged and fabricated. Not one judge would read the report from the Certified Forensic Loan Auditor. NOT ONE. After five years were were forced out because we ran out of money – we just could not fight any longer. We lost not only the house but our 401k and our dignity along with it. I have no idea how we are going to live out our ‘retirement’ years – If we ever do get to retire. I don’t see that happening any time soon – we are both 63.
I wanted to ask for some help.. I am close to the point of asking for modification (ie: no longer paying my mortgage.. which they tell me I have to do.. so I would be considered more of a high risk for defaulting. My loan resides with CWALT 2005-J7. Instead of dealing with BOA, does it make sense to write to CWALT and ask them for a modification?
Also I wanted to find out about the “assignment”.. hate to sound stupid, but where do I find that piece of information.. as in who signed it???
All assignments are on file at your county court house.
ALL is a strong word.. and not accurate.. MERS is the way they skip filing at the court house.
You REALLY need to educate yourself!
I am sure trying to educate myself. It is difficult to find which direction to turn and it is all a big learning curve for me…. and that is also the main reason I joined this blog.
It’s THE most difficult journey you will ever undertake. You have to read, read, read, research, research, search some more, research again and search some more if you can’t afford counsel you have to be it to the best of your ability for yourself. Use living lies this blog and all the affiliate sites listed. Follow the media coverage on your particular agencies. Get really clear and orderly about what has happened to you and focus on any violation of law that you can prove. Study your state statutes, commercial contract law, and immediately get data on your title and petition the court to challenge the right you have to defend your title from frivilous filings of nonconscensual lien not based on law or factual data that may be encumbering your title.
You can go to the registrars office in the county that you closed in. Ask for everything filed on your address since the day you closed. There you will likely find all or any transfers that have occurred. If you or anyone can get any lender on tape saying you need to skip payments, DO IT. It’s not legal in most states for them to advise you to do so.
Can anybody offer any guidance on the pooling and servicing agreement for any of the CWALTS in terms of if they tie into a bank offering more options?
Think of the masses of people who would swarm the courts if people would file “wrongful foreclosure” lawsuits. I am hearing that if you have a good case, an attorney who is willing to get a little feisty, and a judge who “gets it” you might be able to settle out of court. We have been fighting off these Big Banks( who by the way have already been bailed out, given federal money, and are still stealing your home! So they have in essence already made money several times over the course of your loan. They made money at the inception of your loan… When it was securitized. It is criminal… But not one banker has gone to jail!
you can find that at the registry of deeds. how does one find out about being part of the CWALT 2005, etc.?
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Shannon I am a fellow Hawaii resident buried alive and digging myself out from under BOA/BONYM/RCOHI attorneys fraudulent foreclosure mill,,,,problem is in their hurry to expedite and accelerate they made some very BIG mistakes I am taking to the Appellate Court de novo. Do you have any of the dirt that can be thrown back at them to help here in Hawaii?? coltonm001@hawaii.rr.com
Mary, how has your situation worked out for you so far? We are in litigation now with the the fraudsters… We got the cream of the crop…Countrywide, BOA, Litton/Ocwen, Bank of New York Mellon. We are fighting to save our properties. Bank bailouts, government programs, atty gen investigations, do Nothing!! We go broke just paying for atty fees. We are still fighting?? Is there anybody out there who has fought and won?? I understand a few cases settle out of court… But you don’t hear about those too much. Hanging by a thread! Homeowners need to unite!
Hi. I am in California. Here is some research for viewers. Some may know it some may not. I currently do title research for a lawyer who has won Quiet title against several banks. Of course he has lost his share too due to never ending convoluted distorted demurrers and other comebacks from the banks and their counsel.
However, what most of you may not know is this: If you had a Countrywide Bank note between 2003 -2007 or you have a Bank of America note showing a “dba, America’s Wholesale Lender, a New York Corporation” there is a good chance there is ‘fraud’ involved – as if I didnt have to tell you already.
Here is the skinny: Countrywide Home Loans, Inc set out to be the dominant lender in the home mortgage industry. To get this going they set up the “store” by using a “trade” name known as “Americas Wholesale Lender” between the early years of 2000’s. This was set up as a “front” so they (Countrywide Home Loans, Inc.) could realize the profits from these thousands of loans throughout a myriad of States that basically amounted to hundreds of millions of dollars of profit borne from taxpayers monies to originate loans that they otherwise could not have made as they did not have the resources. Also, by doing so allowed them to escape the tentacles of having to pay taxes and State licensing fees.
With the wheels rolling Countrywide Home Loans, Inc. began implementing thousands of loans by circumventing “individual state licensing laws and corporation taxes by using a name and entity that would stay under the radar. This was one of the earliest frauds connected to this scheme and was devised to avoid taxes and licensing.”
Thus began CW Home Loans, Inc journey into registering the Trade name “America’s Wholesale Lender” with the SOS of the State’s they were to be doing business within. In each State they would have done business in of initiating loans this is what would have been seen “Countrywide Home Loans, Inc, dba, America’s Wholesale Lender” which would be found under the foreign corporation section of the SOS. CW was a registered corporation in several states but not “America’s Wholesale Lender”.
As we all know CW initiated these loans and they reaped millions of dollars in profits, largely in part because most States tax laws were, well, lax. The name “America’s Wholesale lender” quickly dipped below the Corporate Law Radar of most SOS’s. However, some keen eyed recordation offices did catch this little “blip” and refused to record these Security Instruments – mortgages/Deeds of Trust – that were “held” under a “trade” name, dba America’s Wholesale Lender. You see Trade names have no legal capacity, therefore they cannot own property, file lawsuits, or hold recorded security interests.
Enter stage 2 of fraudulent activity by CW. They quickly changed tactics naming the listed lender on their mortgages and deeds of trust as follows: “Lender is Americas Wholesale Lender, a Corporation organized and existing under the laws of New York”. After renaming the listed lender CW began to resubmit these to the recordation offices and start anew. However no one seemed to notice, at the time, that there never was any Corporation listed in New York as America’s Wholesale Lender or that it even it existed.
According to resources CW knew at some point in time their little charade would be found but they chose to accept that challenge as they felt that savings in corporation tax, licensing fees and recording fees would outweigh the future potential cost. They also believed that the courts would consider their fraud just a clerical error, which for many unfortunate borrowers, became true.
Again our resources show that as their secret was slowly coming out that nearly 3.5 million home loans were made under the name of Americas Wholesale Lender, a New York Corporation, (still no such corporation was in existence) and such loans were funded with taxpayer money, they were never sold to securitized trusts as required by their pooling agreement, they were being controlled by Bank of America, Bank of America was collecting payments on those loans, and Bank of America was foreclosing on those loans despite the fact that BOA did not own or fund those loans.
In an effort to stop Bank of America’s extensive fraud against innocent borrowers, concerned and responsible individuals formed the New York Corporation named America’s Wholesale Lender, Inc. a New York Corporation. (Hereafter AWLI)
Once that was done, the matter was brought to the attention to the United States District Court that Bank of America was foreclosing on loans it didn’t own and loans that were made in the name of a corporation that BOA held no interest in. The U.S. District Court dismissed the matter as irrelevant and allowed BOA to continue with its fraud. This shocking revelation can be confirmed by review of the case that was filed against Bank of America. (Currently under seal)
One immediate result of the newly formed Americas Wholesale Lender, Inc. a New York Corporation was that disgruntled borrowers now had a name, address and entity to file suit against. Based upon court records, it is estimated that over 500 suits were filed against AWLI in the first 6 months. At least another 500 suits were filed in the following 6 months. Additionally, Bankruptcy trustees were serving adversary proceedings on AWLI seeking to void mortgages held in the name of AWLI. In all, more than 2000 lawsuits were filed against AWLI related to the fraudulent loans originated by Countrywide.
Because the individuals who incorporated AWLI were sensitive to the plight of the borrowers, and they were aware of the extensive frauds being committed by BOA, the officers and directors of AWLI decided to take a non-confrontational approach with borrowers who simply sought to cancel their loans made to AWLI. If those suits did not seek monetary damages against AWLI, and simply sought to cancel the mortgage and remove the lien from their property, then AWLI decided not respond to the lawsuit and allow a default judgment to be entered in the borrowers favor. Likewise, when an adversary proceeding was filed against AWLI in a Bankruptcy Court, and the relief sought was to cancel the mortgage, again AWLI simply failed to respond which allowed the Bankruptcy Court to enter a default judgment in favor of the debtor.
Based upon court records in 22 states involving lawsuits against AWLI that went to default judgment, including bankruptcy cases, it appears that borrowers were able to cancel approximately 18.5 million dollars worth of the fraudulent loans created by Countrywide with taxpayers money. It is safe to say that Bank of America will never be able to defraud these borrowers again, nor will it be able to take their homes away.
Currently, the more sophisticated foreclosure fraud designed by BOA which includes Bank of New York Mellon, Deutsche Bank, and U.S. Bank NT is in full operation. Despite a second offer made as late as May 2012 by AWLI corporate counsel to BOA counsel to purchase AWLI and stop the fraudulent foreclosures, BOA once again refused the offer in favor of continuing their enormous fraud. Here is how the fraud is being conducted by BOA on the 3.5 million loans that BOA did not pay a single dime for. Remember these loans were not funded by Countrywide or BOA.
….
In the case of these 3.5 million loans, the lender stated on the mortgage or deed of trust is America’s Wholesale Lender, a New York Corporation. Because BOA is not affiliated with AWLI, and because AWLI has attempted to stop BOA from committing this fraud in its name, BOA devised a fraudulent scheme where it has MERS execute an assignment that appears to be on behalf of AWLI, which assigns the loan to either Bank of New York Mellon, Deutsche Bank, or U.S. Bank NT. Once that fraudulent assignment is recorded, that conspirator bank then attaches it to the foreclosure proceedings to defraud that court into believing it is the true owner of the loan. If a borrower is unable to afford an attorney to represent him in court, he loses his home.
When diligent attorneys become aware of this fraud, they are usually required to hire a forensic mortgage examiner to expose the fraudulent assignment falsely made in the name of Americas Wholesale Lender, a New York Corporation to the conspirator bank. In every case where this fraud is exposed before the foreclosure is completed, the fraudulent assignment is declared void. In a landmark case decided in the Massachusetts Supreme Court, in re Eaton, is was stated that “Bank of America cannot foreclose without committing fraud” (see Amicus Brief of Marie McDonnell)
In every case where this fraud was committed to complete a foreclosure, that foreclosure is subject to being voided through appropriate legal action. Even if a borrower has lost his home to foreclosure, has been removed from that home, and now resides somewhere else, if he can afford an attorney, that attorney can most likely expose the fraud, which would make the defrauding banks and MERS liable for severe damages, including treble damages for wrongful or fraudulent foreclosure.
The Attorney General for the State of New York has recovered over 400M from Bank of America stemming from these fraudulent foreclosures. Likewise, he has whacked Bank of New York Mellon and Deutsche Bank for their involvement in this fraudulent scheme.
Under the lending laws of most states, the 3.5 million loans made in the name of Americas Wholesale Lender, a New York corporation, between 2003 and 2007 are not enforceable. The reason behind that is that in each state, a home mortgage lender must have a license to make home loans. There was no license made in the name of Americas Wholesale Lender, Inc. Also, during this time, no such corporation was in existence, therefore no valid loan could be made in the name of a non-existent lender. In all states, if a corporation is not registered with that state, it has no legal capacity to conduct business. That law applies here. Another flaw was that the Mortgage or Deed of Trust named AWLI as the lender, but in some cases the Note named an entirely different party. In those cases, neither the Note or Mortgage was enforceable.
NOTE: AWLI WAS NOT REGISTERED WITH DFI http://mortgage.nationwidelicensingsystem.org/slr/PublishedStateDocuments/WA-Consumer-Loan-Company-Description.pdf
Additionally, neither BOA or Countrywide ever funded any of the 3.5 million loans made in the name of Americas Wholesale Lender, a New York Corporation. In every case, those loans have now been fully repaid by the TARP bailout and the various insurance companies who insured the securitized trusts where the loans were to have been pooled and transferred, but no transfer was ever made. In every case on these 3.5 million loans where an assignment of that loan was made to Bank of New York Mellon, Deutsche Bank, or U.S. Bank, NT, any such assignment, in addition to being fraudulent, and made without consideration, was made after the expiration date of the pooling agreement and was made strictly as a litigation tool to cause the appearance of a proper foreclosure. It should also be noted that any such assignment will show to be made immediately prior to foreclosure notices being sent to the borrower, but usually years after the expiration date of the pooling agreement. The enforcement and collection of these loans by BOA means they are being paid twice, and of course, at tax payer’s expense.
See comments to http://www.fool.com/investing/general/2013/06/05/aig-slams-bank-of-america-at-settlement-hearing.aspx
Note, CW registered the word mark “America’s Wholesale Lender” on 2/8/93. It was assigned to BOA on 11/8/08 (recorded on 1/13/09).
Research: cannot sue under a word mark unless registered as a dba.
Folks these statements were presented to our Law Firm by an independent researcher from Washington State but I’m sure one can find some truth as they apply to each individual who can garner some assistance from my presentation. Currently we are in battles everyday with banks and judges that continue to ignore the obvious.
I’m still kicking and screaming to be heard. Check my status in the post above. Einstein said “insanity is doing the same thing over and over and expecting a different result”. I am so sick of repeating myself. I think it’s time for a new approach, break out of the box and pull some tricks of our own from up our sleeves. If diversion is the name of the game then WHEN IN ROME……..Don’t quite know exactly what im saying but following the rules made by the criminals is not working. I will keep you posted as I search and want to thank C. Kaimikaua for your extensive and clearly detailed help its invaluable to us pro se rookies ……..MAHALO
bank of new york melon just took my house..i got scammed on the loan modification that was just a scam..i was with countrywide then bank of america who scammed me and then put me up with new york melon who is bank of america, after paying 4,000 to a lawyer to help me stay in my home it was gonna cost alot more for him to fight all whe way so i surrendered
Hi, All, I had my mortgage from Quick Loan, a month or so later was transferred to Countrywide, then to Bank of America. While I have been trying to remodify my mortgage with Bank of America, Now Bank of New York Mellon came into the picture and trying to foreclose my house. If all of us are in a similar boat, why can’t we find a way and file class action against Bank of New York. With our own individual effort and talking circle here in the forum cannot solve our problems to prove BoA and BoNYM committed fraud to all of us. Do we have a lawyer here can speak for all of us for foreclosure fraud? Thank you.
I DONT know what state you live in…but you can call your states attorney generals office and ask about BOA BONY MELLON ETC. ETAL. AND THEY WILL GLADLY direct you to your states ” CLASS ACTION STATUS AND WHO TO TALK TO ABOUT IT”. .. BECA– USE BOA HAS DONE IT AGAIN….THIS TIME NO BAIL-OUT.. .as far as I’m concerned…They can all go to prison….THIS time….and never work in a capacity where the even see money…let alone touch it! NO CASH REGISTER PRIVILIDGES. NOTHING…..AND YOUR CHECK IS DIRECT DEPOSITED.. (INTO THE MILLIONS OF HOMEOWNERS BANK ACCOUNTS…. YOU FRAUDULENTLY ……STOLE THIER LIFETIME DREAMS FROM AND KICKED IN THIER MAN HOODS)…EVER AGAIN AD LONG AS THEY SHALL LIVE…..a good job for them all…mon. thru fri. 8 to 5 with a half hour lunch….BONIFIED AUTHORIZED ……..”BEAN COUNTERS”!
AMEN!
No they cant..Assignment should have been recorded typically within 90 days of closing…I would fight it!
Does anyone have a Lashonna Linzsey as Assistant vice principal?
I am LaShonna what is this about
So My loan closed in May 2007 and the assignment was recorded August 2011. The assignment should have been filed no later than 90 after the closing of the loan. Violation of NY Trust Law…Anyone else have a CWALT Trust from 2007-16CB?
how can I prove that Martha Munoz is an employee of BofA Recontrust and not a Vice President of MERS as she claims on my Deed of Trust Assignment.
There’s a good chance that “Martha Munoz” is not even an employee of BOA. My Assignment of Mortgage has her name also. But you don’t have to prove that she’s a BOA employee. She’s listed as a VP of MERS, but MERS has already admitted on the record that they have NO EMPLOYEES, therefore, MM cannot be a VP of MERS. You have a fraudulent document just as I do. Your lender does not have legal standing to service (read: collect the monthly payment) or initiate foreclosure proceedings. I am currently also waiting for a response from the law firm that BOA used to begin my foreclosure. I have accused them of collusion, racketeering and aiding BOA in the fraudulent servicing and foreclosure of my loan.
Can anyone provide me any proof of martha munoz’s employment? my lawyer needs it ASAP. Please please please!
Did your lawyer google “Martha Munoz”? I found several court cases where documents with her name were used to prove fraud. You do not have to prove where or who she DOES work for, just that she IS NOT a MERS employee.
Did you find anything? Martha Munoz just signed my assignment also. Pease send me your assignment and I will send you mine. Hnbhilde@icloud.com
Please send me a copy of your assignment with Martha Munoz and I will send you mine. Hnbhilde@icloud.com
sent. Look for SubH2O
Thanks, but I still need some proof of her employment, so he says. If anyone wants the docs with Munoz’s name on it, I can send you 8 different ones.
How are you supposed to prove the employment of a fictitious person? Sounds like your lawyer is a dud.
I know your situation was long ago but how did it turn out. I have been going thru this since 2008. Still looking for an atty in Virginia. God Bless Kathy
Shelly… Can you or others please give me some advice on how to locate our assignment. We think our note is bogus along with all the others. B of A is our servicer, NYB Mellon trustee… Going to have a CWALT 2005-57CB cert. the only thing B of A will give us is our mtg history & payoff. Our rate is going up with an additional $500-600 we will have to pay. B of A won’t refi, knowing we can afford the new note. Any suggestions? We are not in a hardship, no missed or late payments… Non GSE loan
Your assignment(s) is/are filed with your county court house. I found my records online then went to the court house and paid for certified copies.
Liz, we feel our note is bogus. It is a 2005 Quicken/Countrywide/BOA mortgage and we got scammed with an interest only loan without our knowledge. We have been fighting with them and, obviously, getting nowhere except for high blood pressure. Did you ever get any further in your search. We also have robosigned assignments.
I can not believe what I just discovered. I took out a second mortgage to pay off countrywide and Bank of New York Mellon is trying to foreclose on me. Just recently I received a corrective assignment of mortgage. Both assignment of Mortgage is sign by robo signers. What I saw from David Sterns office, where they posted on the internet of the same person signing is exactly the papers I have. I have spent over 5000. on 2 different attorneys to no avail. And I just discovered this myself. What do I do. please someone honest help me, give me the proper direction. I just discovered this last night as I was filling out papers for bankruptcy. I am a single women. My only son is in college. I am so tired of being taking advantage of I could scream. Kathy
Katharin, I am so upset with everthing too. I posted on YouTube, called Couple seeking Justice for the past 8 years. I will not stand anymore on the system, the way they treat us. Also Washington told me to go on National TV, if this did not help. I am trying to help others also. I will be the person to be the spokeperson for the Middle class people. Please email me back.Thanks, Geri Wllis
This is happening to me now. I can’t find a lawyer to take my case. I have also suffered mental anguish from this. Any advice appreciated. Thanks and God Bless
Hi Geri, My name is Ramil I’ve been fighting these banks started with country wide , bank of america and bank of melon.I hired lawyer to fiht it since 2009. We had depositions back and forth. until 2013 that the court wont us allowed to pursue the case. Big banks bought the judicial system in general. Only few judges will hear it pair and square from small Joes. They tried to foreclose me many
times they failed. I asked them a copy of my original note and the assignments. I found out that It was assigned by MERS signed by Cynthia Santos A.K. a assistant secretary. I talk to a lawyer here in San Diego .She Co Authored the No Defficiency Rule here in California. She told me that The produce the note and MERS defense were no longer viable in court. I think the best way to adress this right now is through our representatives, Congressman or senators. This is Fraud of falsifying a document. We need to group together and march to Washington. How can I contact you.
There are new cases that give the homeowners a chance. Look up Jesinowski and Yvanova. I am not sure I have spelling right. Homeowners can do a rescission and the lender (servicer) has 20 days to take homeowner to court and prove validity of the loan. They can’t. The law says they must then return all sums paid by homeowner and homeowner is then supposed to pay back original principal. Lender/servicer must file with co recorder that loan is no longer on property. This is done so homeowner can get a new loan. They don’t comply with the law. You need an atty to get them to do what law requires. But things are changing. There are also new requirements that the courts must allow homeowner to ask lender/servicer to prove standing. There is an amicus brief from CA AG. I don’t know about other states, but in CA these things are the latest I know of.
Count on me for a march on Washington, the fraudulent foreclosures are supported by the county government, in my case, Cuyahoga County, Ohio.
I have falsified documents filed with the court, rules of procedure ignored by attorneys and judges and numerous failed arson attempts on properties which were forced into vacancy by Bank of America reps who tells the tenants not to pay rent. I have evidence of the manipulafion of the utilities to ensure homeowners are encumbered with bills for services which were not provided. I have evidence of the Cleveland Police, Cleveland, Fire and Cleveland Water participating in the illegal Foreclosure Mill established in Cuyahoga County. This county is pulling off the biggest land scam since
RECONSTRUCTION, the county is in pursuit of private properties which the banks know they have no foreclosure standing and they are using the funds from the lawsuit settlements were are supposec to be used to assist the citizens who were dupped into false mortgages of which the principals have most likely been paid back, these are useary loans as they are not secured to or by real property as evidenced by the documents filed in the county records, We need a national movement to address these crooked courts and crooked counties as they have inflected more harm on the American consumer than the banks themselves, the county is the landbankster manipulating even the market value, tax amount and pay plans.
Search: You Tube- “No Taxation Without Representation Jane Locke” and You Tube- “Cuyahoga County Land Banksters Jane Locke”
Yes indeed I am sitting here looking at that exact thing,a mers assignment of deed 7 years after the cut-off date prepared by diana de avila in simi valley so it says then says when recorded mail to 1 CoreLOGIC DRIVE,WESTLAKE TEXAS. This is a Mers,as nominee for Americas Wholesale Lender/Bank of New York Mellon as trustee for the holders of CWALT INC ALTERNATIVE LOAN TRUST BLAHBLAHBLAH.Ventura Ca,Trisha Jackson assistant secretary of Mers blatant horse shit by b of a and that ugly dwarf angelo mozello.
CECILIA RODRIGUEZ SIGNATURE AND INFO send to barry_sheffer@hotmail.com
hi barry – i have rodriguez – what do you have and need
Hi Jim, looking for rodriguez stuff too, do you have signatures and info you could share. if so, email is h64mustang@aol.com. looking take down Bank of NY
have several a want more will send you what I have
I have Cecilia Rodriguez. Can anyone send me info on her and her signature please. spayurpet@gmail com. Thank you
hi barry – i need anything you have on cecilla Rodriguez.
Do you have Cecilia’s signature AND occupation? Thanks newenglandblonde@yahoo.com
i have cecilia rodrigez
Hi Roy – we have a cwalt 2005 – rodriguez notarized by daryl brown
Hi! I recently saw that a new assignment of mortgage was filed on our house in FL, we closed on the house in 2005, but the new assignment of mortgage is dated 2012 and filed with our county 11/26/2013…. Signed Cecilia Rodriquez, assistant secretary for Mers The notary is from CA but it looks like the seal on it is from Delaware? We have a million other problems with our loans, but wanted to know if they can file something 7 years after closing?
could you send me your copy of her signature?
Hi Roy – do you have a fax number and/or cell
hi roy can you send anything you have on cecilia rodriguez
I am also looking for any info that I could use in a foreclosure case against Bank of New York. The mortgage assignment from Countrywide looks valid date-wise but it is signed by Celia Rodriguez. If she is a robo-signer and if that is valid in a defense PLEASE email me at palming@msn.com. I am in Florida. Don’t know if anything will help in Florida anymore.
Hi Bev – we’re in Fl too and we have countrywide – rodriguez – happy to sahre and help – jim
HI Bev and Jim, I also am in florida with Rodriguez, happy to share also. I am writing my answer this weekend.. we were finally served in MA actually while we were there visiting last weekend.. (which I find completely creepy that they new we would be in Ma since we live in FL) but anyway, happy to share..
tried to copy and paste her signature but woulnt let me. send me your email and i will forward.my copy of her signature
I am in Tampa area – if you give me a fax number I can send CR
Hi All… how is everyone finding who signed their mortgage assignment? I only have documents of our settlement when we purchased in 2005. We had Everbank for a month, then Countrywide then in 2009 B of A as servicer’s. NYB Mellon is the trustee, CWALT 2005-57CB. That is all I know. We are not in any default or foreclosure, however, our note goes from interest only to a fixed high rate in 2015. We have been unable to refi due to what B of A is telling us “Not Freddie or Fannie” and we are underwater. The market here in FL is picking up, but not enough to to a refi. LTV still too high.
Anyone have any suggestions for us before we get hit with the higher interest rate?
I have the same exact situation.. mine resides in CWALT 2007 J something.. can’t remember.. and I am looking for the same exact answer.
Will the courthouse have all assignments even if assigned to MERS? How do we find signatures in that situation?