Mortgage Fraud | Bank of America, Bank of New York Mellon, Countrywide Home Loans Servicing, Law Offices of David Stern, Cheryl Samons

Mortgage Fraud

Bank of America
Bank of New York Mellon
Countrywide Home Loans Servicing
Law Offices of David Stern
Cheryl Samons

Action Date: December 10, 2011
Location: West Palm Beach, FL

In a very unusual move, the FL Supreme Court rejected the settlement in the PINO case last week and will issue a decision about fraudulent mortgage documents.

Florida’s Fourth District Court of Appeals had certified a procedural foreclosure question to the Supreme Court, stating: “This is a question of great public importance” since “many, many mortgage foreclosures appear tainted with suspect documents.”

At the trial court level, PINO’s attorneys had asked the court to sanction BNY Mellon by denying it the equitable right to foreclose the mortgage at all. The district court observed that if this sanction were available after a voluntary dismissal, “it may dramatically affect the mortgage crisis in this state.”

The Fourth District Court of Appeals decision seemed to recognize that very frequently, bank lawyers used dismissals when homeowners raised a question regarding the legitimacy of the documents filed by the banks.

Advocates for homeowners were encouraged by the Supreme Court’s action denying the settlement as the final resolution.

So who exactly is NOT happy?

Perhaps the preparers and signers of the two mortgage assignments in the PINO case.

One of the Assignments was prepared by the Law Offices of David J. Stern, Esq. This is signed by Stern’s office manager, Cheryl Samons who signs as an Asst. Sect. of MERS.

This is dated September 19, 2008 – though not filed until February 18, 2009.

The Lis Pendens (beginning of the foreclosure in judicial states) was dated October 8, 2008.

This is an assignment of the Mortgage and the Note to:

The Bank of New York Mellon F/K/A The Bank of New York as Trustee for the Certificateholders CWALT, Inc. Alternative Loan Trust 2006-OC8.

For anyone unfamiliar with Cheryl Samons many acts in the Law Offices of David Stern (a law firm that spent a lot of $$ entertaining officials from FANNIE), the sworn statements from paralegals and notaries from the investigation of then Asst. A.G.s June Clarkson & Theresa Edwards (those overly aggressive FORMER prosecutors) are available for review at

According to these sworn statements, Samons signed thousands of documents each week, allowed other people to sign her name, did not read what she signed, signed other names, etc. She did these things because her boss, David Stern, was very generous (see the articles by Andy Kroll in Mother Jones for more details on this).

The second assignment was notarized July 14, 2009 and filed July 29, 2009.

It seems they forgot all about the first assignment because once again it is an assignment from MERS to the same trust. This Assignment was also prepared by the Law Offices of David Stern. (If the first assignment was effective, of course, MERS had nothing to convey).

The signer this time was Melissa Viveros in Tarrant County, TX.

While she signs as a MERS officer, Viveros in many other reported cases appears as an officer of Countrywide Home Loans Servicing, N/K/A BAC Home Loans Servicing.

So, once again, Bank of America (then the parent of BAC Home Loans Servicing) and Bank of New York Mellon have the most to lose in the short run – and in the long run, investors in CWALT and CWABS trusts.


13 Responses to “Mortgage Fraud | Bank of America, Bank of New York Mellon, Countrywide Home Loans Servicing, Law Offices of David Stern, Cheryl Samons”
  1. Sherry dorsey says:

    My second mortgage is being foreclosed but on the subpeona it says it was assigned to the bank of New York new Mellon and chase as shareholders . My first and second mortgage was originated through countrywide then assigned to Bank of America my first mortgage is still with BAC . So when I call about my first mortgage they ask am I still calling about my second… Hum question if the bank of Mellon has my second why does BAC say they have it, are they one in the same!!!! My court papers say bank of Mellon and Chase….

  2. Pamela Edwards says:

    Fighters never quit and quitters never fight.

  3. To Tell The Truth says:

    Does anyone have any recent info on Deutche and GMAC/Ally and their Florida foreclosure cases?

  4. To Tell The Truth says:

    You are so right Incognito…I firmly believe and have been saying that for some time that modification is another way of securing the reestablishing the supposedly original note supposedly held by the banksters…that is why they took so long to modify…they had to be sure they could use that method and that is why they are mostly now doing in house modification and not the government program modification…go figure…and the game continues…

  5. Star says:

    What about HarborView Trust? There are 4,000 of us who were in this, and it was sold to US Bank after Bank of America bought Countrywide.

    Does anyone have any info on this situation? Were the docs transferred correctly?

    Thanks for sharing!

  6. lvent says:

    They have gotten away with committing felonies in Civil Courtrooms for too long…Throw the CEO’s in prison and all of the politicians who are trying to cover this up…

    • lvent says:


      • my dear friend ivent, I am sorry but I do not feel those of us who cannot afford legal counsel and or any kind of counsel have the same rights, at one time I had bellief in the laws of the state and of our country, and rumors that if you could afford legal counsel you were above the law, I have decided that is true, the rest of us must just move on and accept the consequences that come with loss of jobs not being able to pay bills or whatever, things haven;t changed much since the old westerns one use to watch with their parents, you know when they tjhrow the farmers and their familys out of their homes so they can take it over, and the latest news letting investors buying up blocks of property at a discount?? and no one could even so much as lower their interest rate so they could afford a payment?? and it gets better, they drag it along and then offer to put all deficientcys at the highest rate at the back?? no wonder no hangs in with a modification, even the Federal Government who Federal Housing, and Fannie and Freddie are part of, isn;t there to help you,

      • lvent says:

        ruth, I am not saying that is the way it is,I am saying that is the way it is supposed to be.

      • lvent says:

        ruth, they are all in on it..this was another Hitler Plan.

      • incognito123 says:

        Ruth Ann, WE MUST fight. I wouldn’t say it’s easy, but for future generations we MUST!! I’ve been fighting for four years now, with no attorney, because I am right, and am standing on my rights. I have more power in the courtroom than ANY attorney – I am there by RIGHT an attorney is there by PRIVILEGE. It is just a matter of having the power to — USE or rights. It CAN be done and it MUST be done.

      • incognito123 says:

        oops, use our rights

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