Mortgage Fraud | Bear Stearns, Lender Processing Services, Mortgage Electronic Registration Systems


Mortgage Fraud

Bear Stearns
Lender Processing Services
Mortgage Electronic Registration Systems

Action Date: December 11, 2011
Location: Jacksonville, FL

There is substantial evidence that mortgage servicing companies and their lawyers are continuing to file fraudulent mortgage assignments in county recorders offices throughout the country. In April, 2011, the widespread abuses, including massive forgeries, were exposed in a 60 Minutes segment that focused on employees of Docx, a subsidiary of Lender Processing Services, who forged the name “Linda Green” to mortgage assignments used in foreclosures.

Several weeks later, Guilford County, NC County Recorder Jeff Thigpen came forward with a comprehensive study of the “Linda Green” forgeries in his county’s records – finding over 2000 documents signed by Linda Green with 4 – 15 significant signature variations. County Recorder John O’Brien in Massachusetts and Curtis Hertel in Michigan conducted similar comprehensive studies with similar results.

In November, 2011, the Nevada Attorney General’s office filed the first criminal charges against employees of Lender Processing Services for falsifying mortgage documents.

An examination of recent filings by mortgage servicers shows that these companies are exacerbating the problem of fraudulent documents.

Mortgage assignments are now being filed with the following language:

“This Assignment is to supplement and ratify that certain Assignment of Mortgage recorded in Original Records Book 19467 at Page 1710 Original Records Book 19888 at Page 1466 of Hillsborough County, Florida.” (Instrument #2011294512, Hillsborough County, Florida, filed September 12, 2011.)

An examination of the “ratified” Assignment shows that it is one of the Linda Green forged documents. It is very similar to the Linda Green forged signature demonstrated by LPS employee Chris Pendley on the 60 Minutes segment.

Instead of admissions that the documents are forgeries, the mortgage servicers are filing “ratifications.” These ratifications are signed by other employees of mortgage servicing companies, using titles of MERS officers.

The information continues to be false. In the first “Linda Green” Assignment, the mortgage is reported to have been transferred on September 9, 2009. In the “ratified” version, the mortgage is reported to have been transferred on July 13, 2011.

Both Assignments purport to transfer a mortgage made by American Brokers Conduit to a Bear Stearns trust (Bear Stearns ABS, Series 2006-3) that closed in 2006. U.S. Bank is the trustee for this trust. American Home Mortgage Servicing is the servicer. The first assignment was filed on September 16, 2009 – just two weeks before the date on the Lis Pendens (initial foreclosure filing) prepared by the foreclosure mill, Shapiro & Fishman, LLP.

If the 2009 Assignment from MERS to the trust were valid, MERS would have had nothing to transfer in 2011. In Latin, this concept is stated: Nemo dat quod non habet. Translation: one cannot give what one does not have.

The signers on the 2011 Assignment claim to be corporate officers of MERS, though they are not listed as such in the records of the Florida Secretary of State. (The 2011 Assignment was notarized in Duval County, FL.)

These “ratification” filings are a good indication that the Consent Order entered by the FDIC and the OCC on April 13, 2011, are not being adequately monitored.

Why would any trust or mortgage servicer ratify conduct that has been described as criminal conduct by attorneys general?

These filings are a wreck on a wreck.


4 Responses to “Mortgage Fraud | Bear Stearns, Lender Processing Services, Mortgage Electronic Registration Systems”
  1. Fed Up in Mass. says:

    I went through registry assignments in Georgia, and Florida, and what I found astounded me. I am forwarding everything that I found to our Attorney General. The word fraud doesn’t even come close.

    All the assignments were from Lender Processing Services.

    Report notary fraud to state officials.

  2. tee says:

    Shelly, you are so correct. These people will stop at nothing. They arrogantly laugh at Americas laws, they disregard the warnings these last few years of gov investigations have issued. Its business as usual as they violate American homeowners that they have caught in their sub prime nets. Who is going to stop them? Just look at the group of doushe bag candidates that we have to pic from…..only one stands out, only one knows the real peoples issues in this country, only one isnt a hippocrit that changes their concerns to steal votes…one guy has told the same story for 30 years and is sincere,,,,,,RON PAUL …and the rest of those fancy pantz politicians hate him for it, they mock him, as he proceeds to blow them away with his intellect and understanding on issues. Thats the only way we can stop the banks and clean up our corrupt a
    nd bought congress……..its amazing how the one percent has no regard for this country or its people……

    • steve says:

      The main stream media continues to ignore Ron Paul, but he is now 2nd behind Romney in Iowa-I totally agree. He makes too much sense for the political games in Washington and one of the few politicians to understand the Fed. The way money is created out of thin air is the root of the economic problems we have. The people that create the money are the lords and ladies and those that have to pay it back are the serfs with slave labor. I have no problems with the rich that actually create something like Apple and Microsoft, but do of those that are just stealing through monopoly money creation like Wall Street and then creating financial instruments with the sole purpose of middle class wealth confiscation.


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