Why Did the Banks Need to Falsify and Forge Fabricated Documents?

Why Did the Banks Need to Falsify and Forge Fabricated Documents?

The investors who purchased David Stern’s foreclosure mill have taken the extraordinary step of announcing publicly that they had been duped into buying a “criminal enterprise.” Obviously they didn’t want to get caught up in the dragnet of prosecutors looking for convictions. Nobody would spend $60 million like these investors did and then announce to the world that not only was it worthless, it was worse than worthless. It turns out that once they owned it they discovered that the entire enterprise was based upon criminal and other illegal or improper acts. It will soon be obvious that virtually all the foreclosure mills operated identically to Stern because they were owned and operated by the same people.

Those criminal acts were all about pushing foreclosures through the system. The end result of foreclosure is that somebody gets the house upon entry of a “credit bid” which is to say that they don’t pay cash, they just submit a “bid” based upon the fact that the property was the collateral for money that was due them. Since Stern was not taking the homes, and it is obvious that others were taking the homes, the question is why did they need to go through all those gyrations and subject themselves to prison time if the mortgages were legitimate?

I think the question answers itself. No Bank would require, allow or promote practices that were criminal acts in order to foreclose on an otherwise legitimate mortgage, note and obligation. The only reason why criminal acts were required was that the mortgages and foreclosures were a sham. At this point, with all the publicity about robo-signing, surrogate signing, forgeries, fabrications, back-dating etc., and the Banks’ protestations that these are the result of paperwork problems that emerged as a consequence of the volume of foreclosures, the Banks have had more than adequate time and opportunity to prove their case — that the mortgages were legitimate and the foreclosures were proper, subject only to resolving some minor paperwork errors.

That they have not done so corroborates the point I made 4 years ago. In most cases, at the time the mortgage documents were signed at “closing” the originator showing on the note and mortgage was not owed one cent — because they never made the loan. The originator was a paid straw-man. Somebody else made the loan but the paperwork does not even hint at that fact. That means the paperwork refers to a transaction with the originator that never occurred. The intermediaries who created this scheme made tons of money without reporting or accounting to either the investors or the borrowers. So it looks like the loan is still outstanding and due when in fact it has been paid several times over. Foreclosures only represented another payment in addition to the other multiple payments of the loan.

The actual source of the loan, as I have stated for years, was a group of institutional investors who were induced into buying bogus mortgage bonds thus creating a pool of money. The investment bankers took a huge bite out of that pool before they started funding mortgages. They did it contrary to the expectations and understanding of the investors and the ratings agencies. It was like buying a new car: as soon as you drive off the lot you lose a substantial amount of equity because now it is a used car. In this case, the Banks drove the money off a cliff and the investors were lucky to receive a few cents on the dollar they invested.

The fact that the mortgage documents refer to a transaction that never took place should be interpreted as a fatal defect in the documents as well as violating deceptive lending laws on the Federal (TILA) level and state level. That defect means or should be interpreted to mean that there is no lien on any of those homes and it can’t be corrected without getting a signature from the homeowner or a court order clearing title. The Banks know as much as I do about all this. In fact they know more than I do and they know exactly how to clear title.

They couldn’t go back to the homeowner because the homeowner now knew what was unknown at closing — that the deal was toxic and stupid and couldn’t work. The Court would enter the order the Banks required if they proved that the requirements of law had been met in establishing a mortgage loan. They can’t. So they are left with (a) an unsecured PAID loan to an unknown creditor and (b) liability for fraud. And they can’t fix it.

So they started foreclosing and in order to do so they needed to finesse the borrowers and the Court system with documents that looked right but were pure fabrication. Millions of these foreclosures took place and the Judges who rubber-stamped them never bothered to look at whether the paperwork actually made sense. Now, like to or not, all those foreclosures need to be reviewed for fatal errors. And homeowners, getting wise to the fact that they might still legally own homes they were kicked out of years ago, are visiting lawyers to see what can be done to recover the property. My guess, is that the tide has turned. That means homes are going to be returned to homeowners. In turn that means the value attributed to the mortgage backed securities have also been false and that requires a significant write-down of non-existent assets.

The write-down of assets on the balance sheets of the Banks (which after all are not really banks) will diminish their capital to a point well under the reserve requirements by any standards whether FED, Basil or otherwise. The only real question left is whether we will act as a nation of laws or of men. If we are a nation of laws the fraudulent transfer of wealth from the populace to the banks will be reversed and the economy will start humming again. If we are a nation of men, then we must recognize that a coup d’etat has occurred and we no longer have the government or the society we thought we had.

http://livinglies.wordpress.com/

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4closureFraud.org

Comments
56 Responses to “Why Did the Banks Need to Falsify and Forge Fabricated Documents?”
  1. Hello Ivent,

    My question is this: if the Trust states 2007 does this mean that it closed in 2007? This transfer, signed by a known robo signer for Chase, was a transfer of all beneficial interest in the DOT. Does this mean mortgage only and not the note? This Assignement of DOT to Duetsche Bank National Trust Company, as trustee for a Wamu Series 2007 HE-1 Trust in 2011, was filed at the same time the NOD was filed by Chase, the apparant “successor in interest” to Wamu???

    Also what can be filed at the County Recorders Office to refute these fraudulent documents? This is what us rational thinking, non lawyer types need to know.

    I am just a Simple Man needing some simple answers

    Thanx.

    • lvent says:

      Miles..from what I understand that would be the closing date for the trust..ask the clerk at the recorders office what to do about the fraudulent recordings…I filed a complaint with the mortgage fraud Dept 3 weeks ago and I have not heard back..some recorders offices have on site attorneys to advise you the best course of action..when the loans went public that is when they dumped them in their global pool of toxic loans…they are simply passing the loan around trying to be granted a fraudclosure…they never sold the loans…they sold an investment in the mortgage payments…the money flow….they are using third party debt collectors who do not own your loan and have no standing..why? Because in order to commit massive collateral mortgage fraud they destroyed the chain of title for themselves…the truth is they never lent us any money..and they made trillions off of our signatures….

  2. lvent says:

    Cnn. just reported that the consumer financial protection bureau is an arm of the FEDERAL RESERVE!!!!!!!

  3. William says:

    Its about a racket of insiders invloved in massive MULTI WAREHOUSING, and MULTI FUNDING (MULTI PLEDGING) and the COVER UP of, by and for these racketeers
    ‘Freddie Mac with two specific types of origination fraud know as “Double-Funding”, “Double Selling” or “Double Warehousing” fraud and Assignment Fraud.
    “Double-Funding” involves a mortgage originator sending simultaneous funding requests for the same loan to two different warehouse lenders. Both warehouse lenders, unaware of each other, would send funding for the loan to the title companies specified by the mortgage originator. The mortgage originator then disburses the money from one lender to the borrower, while directing the title company to wire the money received from the other lender to mortgage originator’s bank account. The mortgage originators then provide fabricated mortgage documents to the warehouse lenders that falsely represented that the lender’s funds had, in fact, been used to finance borrower loans.
    “Assignment Fraud” involves modifications to the original loan where the name of the bank who actually owns the note is changed on execution of the Loan Modification Agreement. The problem with these “modifications” (actually new loans with new “lenders”) is that the old loans remain unaffected. The existing cloud on title to the property, the mortgage deed (or deed of trust), the note, the obligation, the purported assignments etc. is being compounded by attempts to allow impostors to foreclose on the mortgage, collect on the note, modify the loan, or approve a short sale. The time bomb is the title; where securitized loans were recorded, foreclosed, modified or sold. The parties (other than the borrower and possibly the Trustee on the Deed of Trust) had actual knowledge that the “lender” was not the Lender. The terms of the obligation were already changed at the time of closing, the appraisal was false, the underwriting was negligent or fraudulent, the Good Faith Estimate, was by definition, rendered neither in good faith nor even close to an accurate estimate. And the list goes on and on….’
    THE CURE? PUBLIC EXPOSURE OF NAMES AND MIS-DEEDS! PUBLIC EXPOSURE IS THE ONLY AVENUE TO JUSTICE!
    http://www.msfraud.org/DOUBLE_FUNDING_FABRICATION_FORGERY.html

    • William says:

      LOAN ORIGINATION FRAUD RACKETEERING!

      • lvent says:

        Massive collateral fraud….$700 trillion dollars worth…..unsustainable debt!! The Fed and the U.S. Treasury were all in on the ponzi scheme, they were the warehouse lender!

      • lvent says:

        FANNIE and FREDDIE and wall street sold interests in each mortgage payment hundreds of times….that is why their debt can never be repaid! This was fraud on steroids……exponential collateral mortgage fraud!…….$700 trillion dollars in fraud! Debt that can never be repaid no matter how many homes and wealth they steal! They are using their debt as a ruse in order to steal everything from all of us……just like Hitler’s Germany…this is another Hitler plan by. The NEW WORLD ORDER….

    • Wiliam says:

      THE CURE? PUBLIC EXPOSURE OF NAMES AND CRIMES! PUBLIC EXPOSURE IS THE ONLY AVENUE TO JUSTICE!
      http://www.mbac.org/cms_bwm/uploads/78.pdf

    • William says:

      There can be MANY loans on one property! Conceivably as many loans as there are lenders! DOZENS of loans on one property! WAKE UP! DEMAND FEDERAL PROSECUTION!! THIS IS NOT ABOUT LIARS LOANS IN THE SENSE THAT MR. BLACK SPEAKS! IMHO. HIS TESTIMONY IS……VERY ‘LIMITED IN SCOPE’. Almost a DISTRACTION. IMHO.

      • William says:

        Ivent, what I think you are mssing, is that the shadow mortgage racket was INVISIBLE. There was no way for ANYONE except the INSIDERS to know anything. The mechanisms of checks and balances, or record keeping were purosly turned OFF. Replaced by confusing, dis connected databases designed to CONCEAL WHAT YOU ARE DESCRIBING from ALL but the INSIDERS. Who is inde the the feds computer systems? These are all COMPUTER DIGITS.
        Lets DEMAND the prosecution of the Atlanta VA loan guarantee officer! he criminal investigation might shed LIGHT into the SHADOWS. IMHO.

      • lvent says:

        They are the shadow….different identity…..same crooks!!!!! That is just the part of their racket we do not see…..that is where they create, dump and hide their fraud……what we see on CNBC and BLOOMBERG is a FRONT FOR THE RACKET…..THEY DO MORE BUSINESS ON THE WEEKENDS…..THE FRAUD IS ALL BEING DONE ELE TRONICALLY….TOU MAKE A DEPOSIT IN A BANK AND THAT MONEY IS TURNED INTO ELECTRONIC WEALTH……! THE SHADOW IS ALL OF THE ELECTRONIC WEALTH…..THEY CONVERT EVERYTHING INTO ELECTRONIC WEALTH…..EVEN GOLD AND SILVER!!!

      • William says:

        Ivent, what Title Companies are owned by ‘the Banks’. What has your research suggested in regard to the Atlanta VA loan guarantee fraud?

      • lvent says:

        They all are arms of the banks……and they are all owned by the world Bank……I never did any research on the atlanta va but if you look a little bit below the surface they are all tranches of the world bank……

      • lvent says:

        Have you ever had a title search done on your property William????…it lists the liens but lists no proof these are liens on your property…Just because the title company SAYS it is a lien…does not PROVE it is a lien…It is all an eminent front…a big put on..!

      • lvent says:

        Selling multiple interests in notes was an investment in the money flow……not an ownership of property..the pretender lenders oversold these interests exponentially and they never had any skin kn the game…fannie mae bought back loans they made for pennies on the dollar which should have never been allowed…..that is the biggest fraud of all…the fact that they were a private co. And a government sponsored enterprise is BULLSHIT!!!!!!! HOW CAN THAT BE LEGAL???? THAT IS THE EPITOME OF RACKETEERING….They knew exactly what they were doing…..the IMF is the biggest bondholder in fannie mae…..!!!! They used and abused and bought and invested in everything they could get their greedy hands on…..all paid by the U.S. TAXPAYERS!!!! THEY ARE AN INSIDIOUS CABAL OF CROOKS!!!

    • William says:

      There can be MANY loans on one property! Conceivably as many loans as there are lenders! DOZENS of loans on one property! WAKE UP! DEMAND FEDERAL PROSECUTION!! THIS IS NOT ABOUT LIARS LOANS IN THE SENSE THAT MR. BLACK SPEAKS! IMHO. HIS TESTIMONY IS……VERY ‘LIMITED IN SCOPE’. Almost a DISTRACTION. IF I UNDERSTAND WHAT HE SAID. WE NEED TO CLARIFY THE MEANING OF LIARS LOANS TO MEAN MULTI PLEDGED LOANS. IMHO.

      • lvent says:

        Multiple pledged loans are NOT LIARS LOANS……!!!!!! THE MULTIPLE PLEDGING OF LOANS WAS FRAUD…….THAT IS WHY THE NEVER DELIVERED THE NOTES TO THE TRUST…..SO THEY COULD MULTIPLE PLDDGE LOANS……One attorney found there were 607 mortgages on one house!!!!!!!!!

      • lvent says:

        What Mr. Black and others mean by the term liars loans is the 20% of loans that were given to homeowners that were bad loans that should never have been given…..they were all liars loans in the aspect that they never lent us any money…..they never recorded a proper lien….they collected money on loans they never gave and collected interest on that money……!!! This is what the majority of people do not know. !!!! IMHO

      • lvent says:

        MULTIPLE PLEDGING LOANS WITH NO COLLATERAL TO BACK IT UP IS FRAUD……!!!!!!! THEY WERE MASSIVELY, EXPONENTIONALLY OVERLEVERAGED…….THEIR BOOKS ARE COOKED!!!!

      • William says:

        I think the talk of liars loans in the sense that Mr. Black is speaking is NOT where the discussion needs to be. I see it as a very slick distraction. What catchy term can we use for the fraudulence multi-pledged loans?

      • lvent says:

        I agree….the liars loans were made to distract from the collateral fraud and blame the victim….the focus needs to be on the 700 TRILLION DOLLARS in collateral mortgage fraud the committed….that is why I called into a nationally syndicated radio show Friday and I spoke the TRUTH!!!

      • lvent says:

        This is massive coverup at ALLl levels of government and in the media……AKA FORECLOSUREGATE!!!!!!

      • William says:

        Ivent, I think the term ‘foreclosuregate’ allows for the twisters of facts to leach onto the lie of ‘dead beat’ homeowners. IMHO, Maybe ‘shadow loan-gate’, or ‘counterfeit loan gate’ or something else. In reality, the foreclosure gate is a cover up for mortgage gate anyway.

      • lvent says:

        William….foreclosuregate s broad term…like Watergate….there is a lot more than meets the eye….did you know that Cordray met with JAmie DImon this week and they are now trying.g to blame the shadow mortgage industry for this…..the interview with Cordray was On CNBC FRIDAY …

      • William says:

        Ivent, I know that foreclosuregate covers a lot of area, but I am speaking to the PR value. It is imperative that the PEOPLE understand, and help BUST the bastards. Only a catchy term that speaks to mortgage fraud can focus the conversation. What is wrong with blaming the shadow mortgage racket for this? It IS about the shadow mortgage racket! I beleive we are going to find out that the highest level of politicians and bankers knew NOTHING about this! Wait and see. MERS and the insiders really did CON the bankers. This is more deep and diobolical then it even appears.

      • lvent says:

        William….they could have never pulled this scam off wirhout the politicians…..just like 9/11 this was sn inside job……..the Banksters were the perps…..the Banksters are part of the shadow
        Mortgage industry!!!! They are all one giant racket…..working for the NEW WORLD ORDER!

      • lvent says:

        See the movie INSIDE JOB and the docunentary by Danny Schecter..entitled plunder the crime of our time…..

      • lvent says:

        Bill Clinton repealed glass steagall in 1999……..that allowed THE CASINO ON wall street… CNBC reported last year that WALL STREET MADE 60 TRILLION DOLLARS OFF OF MORTGAGE DERIVATIVES IN THE YEAR 1999…..!!!

      • William says:

        Ivent, I believe there are SOME politicians who were/are insiders and were in on the the shadow mortgage racket. However, not many. I believe that there is some kind of extortion or blackmailing that prevents the otherwise willing politicians from coming forward now. Some kind of ongoing surveillance of them so they can be publicly humiliated or something if they come out. Also, I have reason to believe that MOST banking officials did NOT know about the inner workings of the racket. This was a closed covert racket. VERY FEW bankers and politicians knewe ANYTHING about it. They merely knew to take advantage of what APPEARED to be some kind anomaly in the business, but no different then those who traded stocks, including the stock brokerages in the tech bubble who were not ‘in on’ anything.
        Only a select amount of people in the mortgage servicing business did KNEW MERS was being used to commit mortgage fraud. THIS WAS BEING DONE IN A FAR MORE COVERT WAY THEN MAY BE UNDERSTOOD AT THIS TIME.

      • lvent says:

        William…Stuart Varney of fox business spoke the truth…..the politicians are to blame for this…..namely that traitor Barney Frank….

      • lvent says:

        The bankers are of course being very deceptive….I don’t believe for a minute the banks did not know about MERS….HOW MANY LOANS WENT RIGHT INTO MERS AT CLOSING? Mers is actually in the wording of the mortgage as nominee tor the lender….who in my case was Amcore bank…….

      • lvent says:

        Are you saying William that the banks did not know what was written in there own contracts????

      • lvent says:

        What about Chase acquiring Wamus bag of shit loans????? Are you saying if someone like me went to a FDIC insured bank for a mortgage that bank did not know that they were going to sell my mortgage to wall street????? Everyone did not go to mortgage broker tor a mortgage or a refi……..just like we did not get our loan from the servicer and they have no legal right to give us aloan mod…..they do not own our loans and that is why they have no legal standing to foreclose!!!!!!!

      • William says:

        I am saying that the term the ‘banks’ obfuscates the reality. People who work for banks are robotic idiots. They are not capable of understanding much and question even less. Did the stock brokers ‘know’ that they were involved in a tech bubble that was a essentially a psyop fraud? Hardly.
        I think it is a very unfortunate generalization to suggest that the average banker knew anything.
        How many lawyers knew AT THE TIME that MERS was a scam? and understood the totality of its diabolical nature? FEW. Only the ones on THE INSIDE.
        This was an inside job by a very closed and diabolical secretive racket. IMHO.
        There are those in the mortgage serving business at high levels who did truly believed that MERS was only used to streamline and enhance the the mortgage documentation! The idea of shadow mortgage fraud was thought to be a ludicrous idea! Its hard to believe, but its true.
        People are ROBOTS. No longer do people[le THINK.
        It may very well be that the Atlanta Veterans Administration loan guarantee fraud case is the crack in the armor of the racket. LOAN ORIGINATION FRAUD apparently emanating from inside the VA office of loan guarantee! and possibly a lot more, being covered up as ‘bank fraud’. Read the postings about this matter and it may spark some further ‘research’. Talk about self dealing! IMHO

      • lvent says:

        Behind every mortgage there is the U.S. TREASURY AND THE FEDERAL RESERVE….THEY ARE THE WAREHO– USE LENDER. WHO LENDS TAXPAYER MONEY TO THE BANKSTERS!!!!!

      • lvent says:

        Yes William I agree there were many perps who helped carry this out…that does not excuse the banks…..the CEOs…….Lehman, MF GLOBAL and CHASE are a good example……..I Do not know where the customer money went IS NO EXC– USE….AT ALL!!!!!! THAT IS. THEIR JOB!!!!!!

      • lvent says:

        Now they are blaming a shadow for this…..HOW CONVENIENT!!!!!!!! LIKE THE GLOBAL BLACK POOL OF 1.2 QUADRILLION DOLLARS IN DERIVATIVES ………THEY ARE SAYING THE BANKS DO NOT EVEN KNOW HOW MUCH RISK THEY HOLD…….?????, REALLY??????? THEN OPEN UP THE BOOKS…..IT IS TIME FOR AN AUDIT!!!!!!

      • William says:

        Yes, Ivent true. Those on the inside CREATED the SHADOW. Those who were ‘kept in the dark’ were BLINDED BY THE SHADOW’S DARKNESS.
        Again I say, PROSECUTE THE ATLANTA VA LOAN GUARANTEE OFFICER. POSSIBLY THERE IS LIGHT TO BE SEEN.

      • lvent says:

        That is precisely what MERS is….an electronic mortgage……if has No VALUE! They were playing an electronic game with our mortgages and we were all used as pawns kn there game via our signatures!!!

      • lvent says:

        Bottom line…..they never lent us any money….the scope of this fraud is massive…even the homebuilders were part of the fraud….they were another arm of this racket….they worked in conjunction with the title companies who are owned by the banks…..they are all owned by the NEW WORLD ORDER!!!

  4. qny81 says:

    End the Fed! Vote Dr. Ron Paul, 2012. He has been speaking about this for 30 years!!!

  5. Kathleen Burt says:

    What a wonderful summary article! Will copy, print, and save for that month when y I can no longer come up with the money for the in-house loan.

  6. COCO says:

    IF YOU HAVE MONEY , YOU WILL WIN. IF YOU DO NOT , YOU WILL FAIL BECA– USE YOU ARE POWERLESS AGAINST THE DOLLAR. I feel so sorry for our sons and daughters The crooks have the money to send their kids to the finest schools to teach them how to destroy our kids like their parents destroyed us. If you are not rich, you will not prevail.

    • William says:

      Don’t be fooled into thinking money can buy justice in this mess. The lawyers will take your money, then sell you out to protect their fellow lawyer’s racketeering operation. The lawyers ARE the protection racket. They are INSIDERS in the racket. The LAWYERS make money in every transaction. They provide the fiction.

  7. COCO says:

    Sorry, it was brought to my attention that I should have a BROKEN CHAIN OF TITLE-NOT UNBROKEN.

  8. COCO says:

    This article will be the last one that I submit to the judge at the end of hearing on Tuesday, January 10, 2012. My hearing for FRAUD UPON THE COURT is scheduled for five days after my foreclosure sale of 1-5-12. FRAUD HAS BEEN COMMITTED BY BANK OF NEW YORK MELLON , AS SUCCESOR TRUSTEE TO NOVASTAR FUNDING TRUST SERIES 2005-2. They do not have standing to foreclose and a fraudulent document for Assignment of Mortgage has been submitted to the court. The Note was endorsed to JP MORGAN CHASE from the now bankrupt Novastar Mortgage, inc. with a rubber stamp on the supposed original Note. No date. I have an email from the head of the Asset Trust Department stating that BONY has no physical ownership of the loan and has no say in how property is to be disposed, it is the responsibility of the servicer. Then why is there an Assignment of Mortgage to them? First page says that MERS is assigning the mortgage to them on 11/01/07. Second page was signed by a VP of MERS, knon robo-signor, Alfonzo Greene on 2-26-09.,s igned in Dakota County, Minnesota. Lis Pendens was served on 12-07-08. SAXON MORTGAGE SERVING ,INC.is the servicer and the law firm representing them is Popkin & Rosaler. NEED I SAY MORE.
    I have submitted Motion after Motion and document after document supporting this FRAUD. I understand that the mortgage follows the Note. But, per the email from BONY, they are simply a trustee and do not own the mortgage or have a say in how the property is disposed. It has never been proven that the Note was properly endorsed to JP MORGAN TRUST NA-again, no date, OR that it was transferred properly to BONY.
    I have requested certified documents from the SEC . They include THE PROSPECTUS, THE SUMMARY PROSPECTUS, THE 8-K AND THE MASTER LOAN SCHEDULE. I believe that they will not show the proper transfer of the Note from the Originator to the Depositor to the Trust . Hopefully, they will arrive before court date. I can be sued AGAINwhich will result in irreparable harm to me never mind the new unsuspecting purchaser. There is an unbroken chain of title. Maybe that WILL EXPLAIN why BONY HAS 15 PAGES OF PROPERTIES THAT THEY OWN AND NO SALE DATES ON THEM AS FAR BACK AS 2010. I HAVE RESEARCHED THEM ON leepa.org and have found many title amendments after their. foreclosures.
    Anyway, I am now among the many thousands fraudulently foreclosed upon.
    But, I will fight to the end if it takes years. Keep fighting. Upward and onward.

    • DT says:

      SEPARATION OF MORTGAGE AND NOTE

      Restatement (Third) of Property(Mortgages) § 5.4 (1997). Provides that “[a] transfer of an obligation secured by a mortgage also transfers the mortgage unless the parties to the transfer agree otherwise.” The stated objective of the Restatement is to avoid economic waste to the lender and a windfall to the borrower if the note and mortgage are split rendering the mortgage note as a practical matter unsecured. The Restatement cites the case of Carpenter v. Longan, 83 U.S. 271 (1827) which held that “[a]ll the authorities agree that the debt is the principal thing and the mortgage is an accessory”
      An assignment of a mortgage without an assignment of the related mortgage note is deemed a nullity and creates no right in the assignee because a mortgage is a mere lien incidental to the obligation it secures. 37 Fla. Jur. 2nd, Mortgages, Section 511. See e.g., Sobel v. Mutual Development, Inc., 313 So.2d 77 (Fla. 1st DCA 1975). Vance v. Fields, 172 So.2d 613 (Fla. 1st DCA 1965).
      The Bellistri case, 284SW 3d 619, (Missouri Appeals) coupled with its quote from Restatement 3rd is simple: put one name on the note and another on the DOT as beneficiary (particularly when the beneficiary is MERS and therefore an undisclosed principal) and you have direct evidence that the intention of the parties was to separate the note from the mortgage. The burden of proof thus shifts to the alleged creditor.

      • DT says:

        These are the key words “unless the parties to the transfer agree otherwise” Mortgage to MERS note to BAC, sorry separated !

    • notmyhomeyournot says:

      If you get to the auction or sale before they start, you can advise to all bidders that the title has a break in the chain and that it would be a great loss to anyone who bids on it. Get to the court house and file Quiet title and quit claim deed, and then quiet title and sign over your deed to your family member or son or daughter for one dollar. In the least you just may stall the sale and get your say in court.
      Hope this helps your cause.

  9. William says:

    This about a CRIMINAL NETWORK of SELF DEALING BANK LOAN OFFICERS/UNDERWRITERS (not ‘BANKS’), LOAN ORIGINATORS/BROKERS, Real Estate Brokers, AND INSIDE KING-PING, possibly such as the ATLANTA VA LOAN GUARANTEE OFFICER and a Protection racket POSING as LAWYERS., A CRIMINAL RACKET that has here to fore been well concealed. If so, only to be exposed by the VA LOAN GATE? The VA Loan Guarantee Office is NOT a BANK, or the FDIC or Fannie Mae, or Freddie Mac. It is constructed differently. Thus, it takes a BRAZEN and very CONFIDENT and well organized criminal racket to conceal this type activity over time. Necessarily, it must be ‘go to the top’ of the judicial system, to cover up any leaks as they occur. The ramifications of this VA-GATE, to the lives of everyday Americans, especially in Georgians are unfathomable! How high and deep must the machine of corruption go to sustain such a BEAST? The VA Loan Guarantee officer swears an Oath to the USA not some inside operatives at BOA!
    The answer to many of the questions apparently is hiding UNDER OUR NOSES, like the ELEPHANT IN THE ROOM! PROSECUTE THE ATLANTA VA LOAN GUARANTEE OFFICER. WHO IS HIS LAWYER? FOLLOW THE MONEY! Who got the illegal legal fees? Where is it all hidden? ID theft/straw men?, Secretive LLC’s? Offshore accounts? Only insiders have the recourses to channel and conceal such! Investigate family, friends, associates, LAWYERS, down to their last dime! Origination fees were split among the co-racketeers. Where did the money go?, to whom? It would seem that this racket was ijn place long before this one criminal scheme was put into operation. (1993 OR SO?) What about appraisal fraud, multi pledging mortgage fraud, etc? DIG DEEP And YE SHALL FIND!, tHE INSIDERS WOULD BE ABLE TO ALTER DATA AND COVER THEIR TRACKS. THEY HAVE ACCESS TO AND THE ABILITY TO ENTER INTO THE BANKING SYSTEM MAINFRAMES, I AM COMING TO BELIEVE. MAYBE THERE IS A SHADOW MERS?! IMHO.

    • scarednearlystiff says:

      One way to start fixing things is to back up.

      Rewind to immediate interactions.

      A large share of fraud began at the loans officers’ desks (those on commissions).

      The excuse that upper management insisted on unrealistic loans in order to boost quotas won’t work. If it bothered the face-to-face transactors to set foreclosure in motion for the gitgo unavoidably because the terms could not be satisfied, they could and should have quit. In fact, some did.

      • lvent says:

        scarednearlystiff..there is no legal fix for the fraud they committed…you can’t recreate a chain of title..you can fix the fact they had 90 days from the closing to deliver the notes to the trust…they never did that…They committed massive securities fraud..they need to rescind the fraudulently induced loans and be thankful we don’t sue them for all of their crimes…like how they collected trillions in interest on money they never lent…..and throw the perps in prison…for life…they make Blago look like a saint..!

      • lvent says:

        The politicians and their minions and cohorts on Wall Street/the banksters are the real deadbeat club!!

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