Nye Lavalle Responds to Catherine Keenan’s Cease and Desist Letter to Lisa Epstein RE Robosigners

The email below from Nye Lavalle is in response to the Cease and desist letter in the post Cease and Desist | Michele Fege and Robert Tolomer are NOT Robosigners when Signing on Behalf of FDIC.

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Dear Ms Keenan,

I read with interest your letter to Ms. Lisa Epstein of the ForeclosureHamlet.  As the person who identified and reported on robo-signing and foreclosure fraud in the mid-nineties, there is no one in the nation that is more capable to address your concerns. (see http://en.wikipedia.org/wiki/Nye_Lavalle  and http://www.wisbar.org/AM/Template.cfm?Section=wisconsin_lawyer&Template=/CM/HTMLDisplay.cfm&ContentID=101562)

As you can see by the above article in the Wisconsin Bar’s monthly publication, the term robo-signing has various connotations and definitions including the one below that I highlight for your attention.

The term robo-signing describes the robotic process of the mass production of false and forged execution of mortgage assignments, satisfactions, affidavits, and other legal documents related to mortgage foreclosures and legal matters being created by persons without knowledge of the facts being attested to. It also includes accusations of notary fraud wherein the notaries notarize the affidavits and signatures of so-called robo-signers before or after the robo-signers actually submit affidavits and sign documents.

The terms robo-signing and predatory mortgage servicing are widely credited to Nye Lavalle, (me) an American sports marketing executive and social scientist turned consumer and investor advocate and activist. In recent years, Lavalle has focused on advocacy and activism for consumer and investor issues, primarily on fraud in mortgage servicing and securitization. He is credited with discovering and documenting foreclosure fraud and robo-signing in the mid to late 1990s.

Ms. Epstein, who is a friend and colleague did not ask me to write this email, I took the initiative after reading your letter on another foreclosure fraud blog.  I created the term “corporate dummies” that was used for people simply taking info off a known and erroneous “mortgage servicing system” that is simply and easily programmed with false information.  Matt Weidner later called the processes I identified and reported on “robo-signing.”

However, what is meant by the term is simply this, the people spending a few minutes or less to sign an assignment, affidavit, satisfaction or other document by SIMPLY TAKING INFO OFF A COMPUTER SCREEN without knowledge and fact checking of the underlying faces IS SIMPLY A ROBO-SIGNING PRACTICE.

I would love to depo ANY of your alleged robo-signers and see what facts they know.  What note’s they inspected?  What endorsements were on the note?  What endorsements were on the “unattached” allonges?  What “pre-notarized” assignments in blank were in the collateral files?  What notes were intentionally destroyed?  Shall I continue?

You see, we are onto the frauds and abuses of the banking and servicing industry and know that the servicers who purchased only the “servicing rights” to the mortgages, not the NOTE itself, used these notes for their own advantages for pledges for loans and advances when in trouble.  I’d be happy to show you examples of “double-pledged” notes to Ohio Bank and Amtrust.  Double-pledges, do you get it?  Can you spell Taylor-Bean?

I have that in my possession right now.  I’d be happy to share it with you, if you’d be kind enough to show us a nth number sample of the alleged robo-signed assignments of the notes Ms. Epstein questions and the collateral files as they existed when your bank received them as well as the general ledgers of your client’s books and the previous bank’s books showing each note as an asset or note receivable on their books.

Owning servicing rights is not the same as owning the note!  The mortgage follows the note.  Regardless of the financial accounting control frauds the banking industry has engaged in, the simple proof lies in the books and using e-discovery and mortgage accounting experts to examine the financial and accounting records of ANY bank and especially each bank in the chain.

The FDIC can’t even assign your client something that the prior bank sold or assigned to another bank within certain time periods.  Masking the frauds with robo-signed assignments made in minutes looking at servicing system computer screens is often simply “garbage-in, garbage-out!  It means NOTHING!!!!

The bottom-line fact is that when it comes to ANY bank or servicer today, you can’t take their word, testimony, or ANYTHING they place on paper as true or fact without an examination of all wet-ink documents EVER contained in the “collateral file” AND “EACH” entry on the general ledgers and corresponding schedules of EACH bank’s books to determine if the note is actually owned by such bank.

If your client would like to open up it’s books for an nth number sample (not “selective” sample), I’d be happy to arrange for the due diligence necessary to examine if your contentions are accurate.  If you proceed with any litigation against Ms. Epstein, I am sure that these documents will be sought in discovery since my partners and I will be her discovery and e-discovery experts.  If I were you, I’d suggest that you conduct this diligence yourself and examine the books for your own sample before you make ANY demands of anyone!

Also, I strongly suggest that you instruct them to preserve all records, files, images, and data, especially the meta-data connected to each loan assumed as well as the subject ones of your complaint.  We all support the safety of the FDIC and our government.  However, we do not and will not support accounting and lending fraud at the expense of our nation and its citizens.

Please advise if your client wishes to take me up on my offer.  If it does and we can ascertain that your client’s assignments reflect what is on the actual books and files, as a friend and colleague, I will STRONGLY suggest and tell Ms. Epstein to retract her comments on the site and also tell her to apologize and give your client glowing praise for doing it right!  If you refuse to allow that, then your words and threats are empty ones and would only be more red flags for indicia of fraud.  Perhaps, I shall have to get some shares of stock in your client, as I have done in others, and bring the accounting frauds I find in your prosecution of foreclosures to the attention of the audit committee and auditors.

I surely wonder what such results would show?

Respectfully,

Nye Lavalle

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4closureFraud.org

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NYCB Cease and Desist

Limited Power of Attorney

Comments
17 Responses to “Nye Lavalle Responds to Catherine Keenan’s Cease and Desist Letter to Lisa Epstein RE Robosigners”
  1. Debbi says:

    Would it not be prudent to sue the individual robo-signer rather than the entity who allowed/encouraged/did the robo-signing? If individuals realized they would be sued personally rather than the company as a whole, robo-signing participants may dwindle.

    • lvent says:

      Sue all of them Debbi..the robosigners are agents for the banksters…I have come up with a new name for this movement, we should call this …….. “OPERATION DIRTY BANKER” There are unclean hands everywhere…we should even go after the bank notaries…they are a giant sham and a fraud too….!!!!! and the trustees and whoever was supposed to deliver the notes to the trusts who were I believe the title companies….who in my case is also the notary for the bank who never lent me any money!!!!!.

      • lvent says:

        Let’s sue the whole cabal for deceptive practices, unfair dealing and unclean hands …from origination to fraudclosure….

      • lvent says:

        I know, forget sueing the robo-signers, sue the lawfirms and the foreclosure mills like LPS, who are creating the fraudulent docs as well as the firms who create the fraudulent docs, like DOCSTOC AND DOCSX….They are a counterfeiting operation as well…….THEY ARE INTENDING TO DO PERMANENT HARM TO ALL OF US AND OUR COUNTRY……THEY ARE FOREIGN ENEMY AGENTS WORKING FOR THE FOREIGN ENEMY…AND WE NEED TO GIVE THEM AN ENEMA….

    • Debbi says:

      How about this defense? The Pretender Lenders sold toxic notes to the investors on Wall Street as triple AAA (fraud). Once a homeowner finds out, they should STOP making their payments and use the defense that they WILL NOT BE A CO-CONSIPIRATOR to the fraud.

      Question: For the first 10 years, very little of your payment goes to principle. In my case, I’ve been paying for 9 years – total interest in excess of $60,000 so far and I only mortgaged $74,500. How can the bank keep the $60,000, get paid for note by the investors PLUS foreclose on the house? In addition, it’s possible the bank was reimbursed by the insurance company? If I hit you with my car and there is $10,000 worth of damage and my insurance pays you $10,000, you can’t come after me again for sthe $10,000, right? Is’nt there a law????

  2. see says:

    Does anyone think Ms. Keenan will back off??? So a few robosingers, excuse me, upstanding people who sign their names to countless documents, got their feeliings hurt. I am betting that they will not take Nye’s offer because if they did then they night find themselves eating the letter they sent Lisa. Wonder if Ms. Keenan is reading these comments!!!!!!

  3. Eugene Villarreal says:

    Yea for Nye !

    For Lisa and Nye, give them ” No Quarter .” You are right and they are fraudulently WRONG.

  4. Fury says:

    i’m glad that we all have nye on our side!

    • THERE IS A GOD AND THEIR ARE GOOD PEOPLE! DONT EVER GIVE UP! FIGHT FOR OUR RIGHTS! SUPPORT LISA AND NYE AND CALL YOUR ATTORNEY GENERALS AND WRITE YOUR PUBLIC OFFICIALS AND EXPOSE THE CROOKED ONES AND SUPPORT THE GOOD DOERS..

  5. lvent says:

    Go get ’em Nye! High time someone told them to open up their cooked books…They never lent us any money, we lent them our signatures to gamble with up on their Wall Street Casino..If that is not true, then why did we not get a check at closing to pay the seller and anyone else who said we owed them money? It was all a scam and their ruling elite owners fully intended for the whole country to fail so they could steal everything away from the people…Time the U.S. Government stood up for their countrymen and made all of them put their monopoly game back in the box…and throw all of them out of America…They stole trillions from us….Time for our own currency…The Federal Reserve is working for the World Bank and is no more than a counterfeiting operation and so is their entire mortgage industry, starting with the so called GSE’s and all of their evil minions and cohorts who are about as American owned as the Pope over there in Rome……

  6. chris in cali says:

    Nye… great rebuttal. I didn’t hear back from you after our call. I sent this blog entry to Maher (expert.witness@live.com) as a caveat to my CW-BofA case. With your info, along with Maher’s accounting ledger (proving my note was ‘paid off’ anyway), I should prevail and get the house ‘free & clear’ OR most likely a ‘very good’ settlement offer….! THX…

  7. Roy Stivers says:

    @Nye Lavalle-Absolutely beautiful…I thank my God for people just like you!

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