False Statements | Bank of America, Bank of New York Mellon, CoreLogic, CWABS, CWALT, MERS

False Statements

Bank of America

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.

~

4closureFraud.org

Comments
129 Responses to “False Statements | Bank of America, Bank of New York Mellon, CoreLogic, CWABS, CWALT, MERS”
  1. 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?

    • DizzyD says:

      Any current information about results of the people like ourselves that have been scammed and run through the mill with these fraudulent transactions?

    • sheri says:

      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…

  2. IMT says:

    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???

    • Shelly K. says:

      All assignments are on file at your county court house.

    • Me Too says:

      You REALLY need to educate yourself!

      • IMT says:

        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.

    • Lee thompson says:

      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.

      • IMT says:

        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?

    • gale says:

      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!

    • DizzyD says:

      you can find that at the registry of deeds. how does one find out about being part of the CWALT 2005, etc.?

  3. JC SHANNON says:

    Hawaii Shaloha Offshore Vulcans Bank of Amerika Banksters: “Crash of The Titans”….or a zealous Band of Brothers [and Sisters] in Arms way with a future Rendezvous with Zionist Financial SEC Destiny: Chickenhawks USA FOR The chosen few; the selected Proud; the designated AIPAC Elite! Amerikan Free Market Fascist Enterprise or Amerikan Criminal Deregulatory Free Fall Public Subsidized Enterprises? BOA CEO: Ken “heck of a job Kenny boy” Lewis; BOA VP Small Business Shyster: Joe “Habitat for Humility” Price; Hawaii BOA DHHL Interlocking Director / N.Y NFL Wall Street Giants Gatekeeper: Kaulana “1-$t ‘n 10″ Park; BOA N.Y. Crossroads VP – Angela “Angie Baby” Argenio; BOA Ninja Liar Loan Officer: Chad “The Hawaii Mongoose” Brader; and BOA VP SEC Darlin’ Gatekeeper: Sally “The Black-Golden Girl” Krawcheck: “How Do you know when management is lying? Their lips are moving”! Veterans of Foreign & Domestic “land & Power” Interior Wars from the Catbird’s eye of the vanishing Malaysian Tiger Force: Catch a stealth underwater Asian Pacific Tsunami Wave: Serfs Up? Book ‘em Danno! “Eddie [Snowden] would go”? Sir, Yes Sir! Veterans Today.com

    • Mary Colton says:

      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

      • Gale says:

        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!

      • C. Kaimikaua says:

        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.

  4. carol alvey says:

    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

  5. KeepMyHouse says:

    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.

  6. i2dontgetit says:

    No they cant..Assignment should have been recorded typically within 90 days of closing…I would fight it!

  7. Lauren says:

    Does anyone have a Lashonna Linzsey as Assistant vice principal?

  8. i2dontgetit says:

    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?

  9. marybeth massett says:

    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.

    • Liz says:

      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.

      • DizzyD says:

        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.

  10. Katharin Newkirk says:

    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

  11. DC says:

    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.

  12. Bev sheffer says:

    CECILIA RODRIGUEZ SIGNATURE AND INFO send to barry_sheffer@hotmail.com

    • jim says:

      hi barry – i have rodriguez – what do you have and need

    • Poppy says:

      Do you have Cecilia’s signature AND occupation? Thanks newenglandblonde@yahoo.com

    • roy bench says:

      i have cecilia rodrigez

      • jim says:

        Hi Roy – we have a cwalt 2005 – rodriguez notarized by daryl brown

      • Ann says:

        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?

      • roy says:

        could you send me your copy of her signature?

      • jim says:

        Hi Roy – do you have a fax number and/or cell

    • pam says:

      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.

      • jim says:

        Hi Bev – we’re in Fl too and we have countrywide – rodriguez – happy to sahre and help – jim

      • Ann says:

        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..

      • roy says:

        tried to copy and paste her signature but woulnt let me. send me your email and i will forward.my copy of her signature

      • jim says:

        I am in Tampa area – if you give me a fax number I can send CR

      • Jim says:

        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?

      • IMT says:

        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.

      • Jim says:

        Will the courthouse have all assignments even if assigned to MERS? How do we find signatures in that situation?

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