False Statements | Brian Burnett, Freddie Mac, IndyMac Bank, FSB, MERS, OneWest Bank, FSB,

False Statements

Brian Burnett

Freddie Mac

IndyMac Bank, FSB

MERS

OneWest Bank, FSB

Action Date: June 27, 2011

Location: San Diego, CA

California Bankruptcy Judge Laura Stuart Taylor has joined the ranks of judges who will not tolerate fraudulent documents produced by banks to foreclose. Judge Taylor entered an Order To Show Cause why OneWest Bank, FSB, should not incur “a significant coercive sanction intended to deter any future tender of misleading evidence to any court of this district.” Judge Taylor ordered OneWest to appear before her on July 29, 2011, to show cause as to why it should not be subject to compensatory and/or coercive sanctions, in the case In re Jessie M. Arizmendi, Bk. No. 09-19263-PB13, U.S. Bankruptcy Court, Southern District of California. The case involves a motion for relief from stay filed by OneWest supported with a declaration of Brian Burnett, who declared under penalty of perjury that OneWest was the real party in interest in connection with the Motion because OneWest was the current beneficiary under the terms of a promissory note and Deed of Trust.

According to the Burnett declaration, OneWest received its interest in the Trust Deed pursuant to an Assignment from MERS. The assignment of the Trust Deed and the Note showed the transfer from MERS as nominee for the original lender directly to OneWest in 2010.

At trial, however, OneWest’s witness, Charles Boyle, testified that the beneficiary of the loan was actually Freddie Mac. Based on this conflict, the Court required post-trial briefings.

According to the Court, “OneWest, in its post-trial brief, provided a standing argument based on a new version of the Note, which attached an allonge dated July 24, 2007 evidencing a transfer from Original Lender to IndyMac Bank, FSB and bore an endorsement in blank from IndyMac Bank, FSB. This was new information not presented in the OneWest Declaration and this note was not identical to the note authenticated by the OneWest Declaration and attached to the OneWest Proof of Claim.

This Court is concerned, thus, that OneWest provided false or misleading evidence to the Court and that OneWest did so willfully, maliciously, in bad faith, and/or for an inappropriate purpose.”

According to research by Fraud Digest, Brian Burnett has used many different job titles when signing mortgage-related documents for OneWest, often using different titles on the same day, including:

– Assistant Vice President, Mortgage Electronic Registration Systems, Inc., as Nominee for Acoustic Home Loans;

– Assistant Vice President, Mortgage Electronic Registration Systems, Inc., as Nominee for Aegis Wholesale Corporation;

– Assistant Vice President, Mortgage Electronic Registration Systems, Inc., as Nominee for American Brokers Conduit;

– Assistant Vice President, Mortgage Electronic Registration Systems, Inc., as Nominee for Beach First National Bank;

– Assistant Vice President, Mortgage Electronic Registration Systems, Inc., as Nominee for Credit Suisse Financial Corp.;

– Assistant Vice President, Mortgage Electronic Registration Systems, Inc., as Nominee for CTX Mortgage Company, LLC;

– Assistant Vice President, Mortgage Electronic Registration Systems, Inc., as Nominee for DHI Mortgage Company, Ltd.;

– Assistant Vice President, Mortgage Electronic Registration Systems, Inc., as Nominee for Express Capital Lending;

– Assistant Vice President, Mortgage Electronic Registration Systems, Inc., as Nominee for Finasure Home Loans, LLC;

– Assistant Vice President, Mortgage Electronic Registration Systems, Inc., as Nominee for First Magnus Financial Corporation;

– Assistant Vice President, Mortgage Electronic Registration Systems, Inc., as Nominee for First Meridian Mortgage;

– Assistant Vice President, Mortgage Electronic Registration Systems, Inc., as Nominee for Flick Mortgage Investors, Inc.;

– Assistant Vice President, Mortgage Electronic Registration Systems, Inc., as Nominee for Home Loan Center, Inc. d/b/a LendingTree Loans;

– Assistant Vice President, Mortgage Electronic Registration Systems, Inc., as Nominee for Impac Funding Corp., d/b/a Impac Lending Group;

– Assistant Vice President, Mortgage Electronic Registration Systems, Inc., as Nominee for IndyMac Bank, FSB;

– Assistant Vice President, Mortgage Electronic Registration Systems, Inc., as Nominee for LoanCity;

– Assistant Vice President, Mortgage Electronic Registration Systems, Inc., as Nominee for MortgageIt, Inc.;

– Assistant Vice President, Mortgage Electronic Registration Systems, Inc., as Nominee for NetBank, a Federal Savings Bank;

– Assistant Vice President, Mortgage Electronic Registration Systems, Inc., as Nominee for New American Funding, a California Corporation;

– Assistant Vice President, Mortgage Electronic Registration Systems, Inc., as Nominee for Opteum Financial Services, LLC;

– Assistant Vice President, Mortgage Electronic Registration Systems, Inc., as Nominee for OneWest Bank, FSB;

– Assistant Vice President, Mortgage Electronic Registration Systems, Inc., as Nominee for Quicken Loans, Inc.;

– Assistant Vice President, Mortgage Electronic Registration Systems, Inc., as Nominee for Sloan Mortgage Group, Inc.;

– Assistant Vice President, Mortgage Electronic Registration Systems, Inc., as Nominee for Taylor, Bean & Whitaker;

– Assistant Vice President, Mortgage Electronic Registration Systems, Inc., as Nominee for TM Capital, Inc.

– Assistant Vice President, Mortgage Electronic Registration Systems, Inc., as Nominee for d/b/a Fedfirst Mortgage Corporation; and

– Assistant Vice President, Mortgage Electronic Registration Systems, Inc., as Nominee for UBS AG.

July 29, 2011, may be the day that Brian Burnett and OneWest are held accountable for the thousands of mortgage assignments – with false statements regarding the history and ownership of mortgages – presented to courts to foreclose.

~

4closureFraud.org

Comments
7 Responses to “False Statements | Brian Burnett, Freddie Mac, IndyMac Bank, FSB, MERS, OneWest Bank, FSB,”
  1. Dave says:

    One West Bank, Fannie Mae and MERS Defendants v Brown Motion to Dismiss DENIED.
    First Circuit Court State of Hawaii Honorable Judge Bert I. Ayabe sees the validity of our complaint Civil no. 11-1-0941-05.
    Perhaps my being in compliance and current on my modification with One West Bank and the concurrent sale of my mortgage to Fannie Mae for $10 in Texas didn’t sit right with the judge. It doesn’t pass the smell test. My attorney Dubin Law / Frederick Arensmeyer successfully argued (1) Breach of contract, (2) cancellation under the Federal-Truth-in Lending Act (TILA) (3) unfair and deceptive acts and practices and (4) quiet title for wrongful foreclosure, to the judges satisfaction to allow our lawsuit to continue. No small feat when you are up against these huge government backed institutions.
    This judge shows the courage, insight and compassion to allow David to face Goliath. So many have been denied their 5th amendment rights being stripped of their property never to have their day in court.
    I wonder if the judge had seen this video with regard to the obscene deal One West struck with the FDIC. Some of the details are explained very well in this short video:

    http://youtu.be/UlEZDDwKv7o

    This deal is worthy of a Congressional Hearing.

    http://youtu.be/UlEZDDwKv7o

    “I have never seen a fraud scheme that was so extensive, so pervasive, and had so many different areas of fraud throughout the machine. I have yet to see a single aspect of the banking industry that does not have fraud in it,” said Nevada Deputy Attorney General John Kelleher.
    ONEWEST BANK, F.S.B. V DRAYTON – BROOKLYN JUDGE ARTHUR SCHACK IS A LOCAL HERO, DECISION CASTS LIGHT ON FRAUDULENT MORTGAGE PAPERWORK
    The self-described “little judge from Brooklyn” has dismissed another foreclosure case, this time in favor of an East New York homeowner who did not even have a lawyer.
    Schack ruled Thursday that California’s OneWest, the last of several banks that relied on an admitted “robo-signer” to transfer the $492,000 mortgage on Covan Drayton’s Hemlock St. home among them, failed to prove it even owns the property in question.
    http://4closurefraud.org/2010/10/27/onewest-bank-f-s-b-v-drayton-brooklyn-judge-arthur-schack-is-a-local-hero-decision-casts-light-on-fraudulent-mortgage-paperwork/

    Read more: http://www.businessinsider.com/judge-slams-indymac-cancels-defendants-mortgage-2009-11#ixzz1eiXancWZ

    Judge Slams Indymac, Sets Aside Defendant’s $292,500 Mortgage

    Judge Jeffrey Spinner said that it became clear to the court at a September 2009 settlement conference — one that had been postponed five times due to Indymac’s failure to “cooperate” — that Indymac “had no good faith intention whatsoever of resolving this matter in any manner other than complete and forcible devolution of title…”

    Read more: http://www.businessinsider.com/judge-slams-indymac-cancels-defendants-mortgage-2009-11#ixzz1eiYA3O00

    Fletcher v One West Bank Case 1:10-cv-04682
    In the United States District Court for the Northern districtof Illinios
    Pg. 8 line 24
    24. IndyMac has routinely failed to live up to its end of the TPP Agreement and offer
    permanent modifications to homeowners. In February 2010, the U.S. Treasury reported that
    IndyMac’s parent company had 112,200 HAMP-eligible loans in its portfolio. Of these loans, just
    3,087 were granted permanent modifications (approximately 2.75%) even though many more
    homeowners, including Plaintiff, had made the payments and submitted the documentation
    required by the TPP Agreement.
    25. By failing to live up to its obligation under the TPP Agreement, IndyMac is leaving
    homeowners in a complete state of confusion regarding the status of their homes and is preventing
    homeowners from pursuing other avenues of resolution, including using the money they are
    putting towards TPP payments to fund bankruptcy plans, relocation costs, short sales or other

    5
    The eligibility criteria for HAMP, as well as the formula used to calculate monthly mortgage
    payments under the modification, are explained in detail in SD 09-01. Generally speaking, the
    goal of a HAMP modification is for owner-occupants to receive a modification of a first-lien
    loan by which the monthly mortgage payment is reduced to 31 % of their monthly income for the
    next five years.
    http://www.abbeyspanier.com/images/Complaints/indymac-complaint.pdf

    IndyMac/OneWest Bank Denied Bid to End HAMP Class Action Lawsuit
    Memorandum opinion and order:
    http://blog.abbeyspanier.com/2011/07/21/indymaconewest-bank-denied-bid-to-end-hamp-class-action-lawsuit/
    Click end of second paragraph in red
    Nov 29, 9:14 PM
    Original review:
    The FDIC has given One West Bank a free trip to Vegas with the downside risk covered by the taxpayers.

    This type of collusion with the government and some banks has helped to put me in a grave situation having to go to the Hawaii Supreme Court just to be able to stay in my house. Why?

    In 2009 I fell Ill and am disabled with a long term disability insurance policy. I have been to the Mayo Cinic in Rotchester Minnesota twice in the last two years ( I live in Hawaii). When I was on short term disability I called One West Bank because I’d heard of the HAMP ( Home Affordable Modification Program). I was told by One West to go 90 days delinquent then I would qualify ( I have since heard that that is when they can put the FDIC on the hook for my loan and the credit default kicks in?). I was invited to apply and was granted a modification. It stated that as long as I made my thee trial payments on time I would be granted modification.

    The mod lowered my payment by about $350. I was sure not to mess this opportunity up I even paid by cashiers check. None the less on the 20th of August 2 2/3rds of the way through and always being early with my payment I received a letter along with my last payment returned stating that the amount paid which was exactly what was asked of me was not the outstanding balance. After getting nowhere and being told I could re-apply I was served foreclosure papers soon after. I was devastated. My 8 year old daughter has never known another house and my wife and I had worked and tirelessly on it ourselves to make it our home.

    I started to look for the best attorney in Hawaii for my problem, Gary Dubin’s name kept coming up. I heard he was not the cheapest but the best. I went to see him and he looked over my situation and told me my case was very strong. I retained him with a fairly large retainer. His very capable associate attorney Frederick Arensmeyer found out that my home had been sold to Fannie Mae on the 10th of August while I was current on my mortgage under One West’s terms. The price? $10 This is a clear case of fraud in the inducement and the attempt to take advantage of someone in distress. I am sure my health has become worse in no part because of the stress, lack of sleep and mental anguish this fraudulent bank has put me through. Never knowing if the ax is going to fall is a sure way of taking “the American Dream” and turning it to a nightmare. One West has been committing this modification fraud on a HUGE scale. The sweet heart deal that One West Scored from this administration with our Bail-Out money and the FDIC have made it a much better deal for the bank to screw the people rather than help. Please see the link below for a very brief explanation of this. HAMP is mostly a front when it comes to One West. One need only to Google “modification fraud One West Bank” and you will find scores of other people that have had similar dealings but perhaps not as outstanding council or none at all.

    On top of this the Lahaina District Court has approved eviction orders and only took five minutes to review 300 pages of material,. I am forced to go to the Hawaii Supreme Court to file an Emergency Petiton for a Writ of Mandanumus to the so-called Honorable Bliane Kobayashi;. Without proper jurisdiction this Distict Court Judge would rather throw me on the street than and allow obvious interstate fraud by a bailed out institution to go unchecked;. He would rather side with the out of state bank than a long term resident that has be in Hawaii 15 years and has always been an upstanding citizen having great respect for the law”. I will suffer irreparable harm without the facts ever being heard should I be evicted?. Has this Judge ever heard of the 5th amendment?

    Why would a judge be so one-sided and refuse to follow the same type of respect for the higher courts here in Hawaii? Are judges pension funds and the mutual funds that they contain a possible reason? In the face of all the animus towards banks for taking our money in the form of Bail-Outs then not lending or lending to foreign banks, robo signing and many other scandals why does this judge side with the institutions that seem to not respect the law? My case is fraud pure and simple..

    Fraud definition:

    A false representation of a matter of fact—whether by words or by conduct, by false or misleading allegations, or by concealment of what should have been disclosed—that deceives and is intended to deceive another so that the individual will act upon it to her or his legal injury;.

    One West Sweetheart deal:

    http://youtu|.be/ssl5yb7FewA

    1a6e34a

  2. hopeful says:

    About darn time their feet are to the fire just like us all. I have a July 28th court date to get me out of my home of 48 yrs.

  3. I’m proud she sis form CA

  4. Nora says:

    It’s about damn time.

  5. Wayne says:

    A Judge with balls ………. They must have thought they could put one over a “Lady Judge”.

    • leapfrog says:

      I wish Judge Judy could try these cases. She would get to the bottom of things and give the banksters some of her famous sayings, like: “Baloney, Sir,” “Don’t pee on my leg and tell me its raining” or “On your best day, you’re not as smart as I am on my worst day,” ” DON’T lie to me,” or my favorite, “Do I have stupid written on my forehead?”

      • housemanrob says:

        Leapfrog, That is pretty funny. Maybe we should initiate a fundraiser for campaign contributions and elect her president. Just think…….she would sentence Brian Moynahan to 3-6 months under a hiway bridge while being forced to signbeg for food and work. Then about 900 hrs serving a homeless food line as community service should do the trick.

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