David Dayen | Schneiderman’s Last-Minute Cancellation Spells Trouble for Foreclosure Fraud Settlement

Schneiderman’s Last-Minute Cancellation Spells Trouble for Foreclosure Fraud Settlement

As I mentioned in last night’s roundup, New York Attorney General Eric Schneiderman abruptly cancelled a conference call yesterday 10 minutes before it was to begin. The subject was supposed to be the foreclosure fraud settlement, and there was idle speculation that Schneiderman would announce that he would join the settlement. This would spur other holdouts to join, presumably, and at the very least break the somewhat united front against the settlement. You’d probably be looking at a formal announcement within days. But instead, Schneiderman cancelled, postponing the call “indefinitely.”

It looks like the issue is the lawsuits against MERS and three banks that he filed on Friday. The banks want him to drop it.

One person familiar with the negotiations said several banks wanted Schneiderman to withdraw a suit he filed on Friday against prominent financial firms, saying they had acted deceptively by filing erroneous and fraudulent foreclosure documents through a popular electronic mortgage registry designed to allow firms to save time and money by bypassing local property recording requirements. The person spoke on the condition of anonymity because the talks were ongoing. It was unclear whether Schneiderman had intended on Tuesday to address the status of those lawsuits during the news conference.

Schneiderman is working with bank lawyers to find a way to join the settlement and continue the lawsuit, but the banks see this as Schneiderman having his cake and eating it too. They feel that the lawsuit against the banks’ use of MERS is in an area covered by the settlement.

Catch the rest here…

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4closureFraud.org

Comments
15 Responses to “David Dayen | Schneiderman’s Last-Minute Cancellation Spells Trouble for Foreclosure Fraud Settlement”
  1. incognito123 says:

    At least there are SOME Attorneys General that are adhering to their oath to protect THE PEOPLE! Very few, but they do exist, Schneiderman is in a small minority!! Hey BLondi, DO YOUR JOB AND PROTECT THE PEOPLE OF FLORI-DAH!!!

  2. talktotennessee says:

    I literally prayed for Schneiderman because it must very difficult to hold the line in the face of the persuasion from so many. However, the key element that Schneiderman is attacking, MERS, is key to the entire future of the banking industry’s slithering out of this entire thing. They have made tons of money and paid their bonuses but hanging over their heads is the prospect of losing the game if MERS is discredited since MERS holds the key to so many fraudulent transfers that defrauded registers nationwide not to mention hid the ownership and altered legal standing of the millions of mortgage loans from both homeowners, property registers and from investors. THIS one issue hides a wealth of information. In states like Florida where foreclosures must go through the courts there is great danger of discovery. This is not as apparent in states that have the slam dunk method of court house steps foreclosure where one has NO chance of discovering anything unless he files suit. In TN we are at a great disadvantage in discovering fraud in the paperwork. I have been trying for two years to discover who owns my note and even my attorney can’t extract it out of Wells Fargo.
    So, it is really important to encourage Schneiderman and others to continue their challenge of MERS legality and standing.
    Folks, MERS is a key factor that could pull down the financial industry and they are sitting their with bated breath waiting to get blanket amnesty or release from their greatest risk! I can assure you that if they get it the lenders will foreclose on all that shadow inventory and plop them on the market as REOs without a second thought. They are sitting on bogus documentation in the meantime until they have that assurance. The government and many fail to realize the true role MERS plays and how fragile their standing is but the banking industry knows!.

  3. Mary says:

    HI HO HERE WE GO!!!!!!:)

  4. COCO says:

    I have just filed Pro Se in the 2nd Court of District Appeals in Lee county, Florida. We all have to keep the fight going. The attorney for the so called Plaintiff needs to be disbarred and the the banks inolved have committed fraud and someone needs to go to jail.

    • incognito123 says:

      FILE COMPLAINTS AGAINST ALL THEY DO WRONG!!!!!!!!! EVERY CLERK, BAILIFF, JUDGE, APPELLANT JUDGE, ATTORNEY, NOTARY ALL OF THEM!!!!!! Coco, I think we have talked before, if correct, give me a call, email, or contact me on the Hamlet!!

  5. Ron Moss says:

    If Eric is looking for more evidence on GMAC for preditory lending, Fraud. lying on my application and changing my qualifications for their offer to me a suckin loan a five year loan tha the payments were to double within three years on a five year option. then I can help. Ron Moss

  6. kravitz says:

    New York Times

    States Negotiate $25 Billion Deal for Homeowners
    http://www.nytimes.com/2012/02/09/business/states-negotiate-25-billion-deal-for-homeowners.html?_r=1&hp

    “Officials will also be able to pursue any allegations of criminal wrongdoing. In addition, a lawsuit Mr. Schneiderman filed Friday against MERS, an electronic mortgage registry responsible for much of the robo-signing that has marred the foreclosure process nationwide, and three banks, Bank of America, JP Morgan Chase and Wells Fargo, will also go forward.”

  7. Joi says:

    Well the banks been having their cake and still having their cake and eating it too by stealing our homes and making a profit off homes they illegally foreclosed on for years now. So what’s good for the goose is good for the gander… They all need to go to jail. The banks are nothing but a bunch of crooks.

  8. Ron Moss says:

    Eric Schneider is still worthy of my respect.

  9. PENDINGLAWSUIT says:

    Barry Fagan v Wells Fargo Bank re: Consumer Financial Protection Bureau Complaint

    Information about the company
    Wells Fargo Bank NA
    United States

    Wells Fargo Bank has fraudulently altered Barry Fagan’s Deed of Trust and the attached expert opinion dated 1/12/2012 from Forensic Document Examiner Dr. Laurie Hoeltzel specifically explains that the handwritten page 4 has been altered on two separate versions of that original Deed of Trust. Barry Fagan has recorded all 3 versions of the same deed of trust with the Los Angeles Registrar Recorders Office on November 29, 2011 as instrument no. 2011-1608398. The recorded Notice of Pendency of Action showing three different versions of that same July 9, 2007 Deed of Trust as originally recorded under instrument no. 2007-1622100. Judge Tarle, of The Superior Court of California, West District has taken Judicial Notice of that Recorded Document. Barry Fagan has submitted credible evidence from a forensic document examiner with over 20 years of experience that multiple fraudulent alterations have occurred on the “Handwritten Number page 4” which is located on page 3/4 of the Deed of Trust. All of the Deeds of Trust now reflect an entirely different handwritten NUMBER 4, and one of the exhibits also has a snake like line drawn on it, which is not present on the other two exhibits. C.P.A. Shawn P. Adamo stated: “It is my professional opinion that the altered deed of trust is concealing an irrevocable assignment, and explains why Wells Fargo is unable to produce loan level accounting concerning Mr. Fagan’s loan. Wells Fargo claims that any level of detail relating to Mr. Fagan’s mortgage is non- existent. As a result, CPA Shawn Adamo provided two expert opinions, (one an affidavit signed under penalty of perjury dated January 24, 2012 and the other is a Feb. 6, 2012 complaint letter sent to various regulatory agencies) from C.P.A Shawn Adamo explaining that Wells Fargo Bank has failed to provide a loan level balance sheet accounting and is concealing the fact that they do not own Barry Fagan’s loan. Additionally, forensic document Expert Dr. Laurie Hoeltzel has declared under penalty of perjury on January 2, 2012 that Wells Fargo Bank is robo-signing Discovery Responses by using multiple authors of the name Rhonda Bernard Thomas.(see attached declaration from Dr. Laurie Hoeltzel) I have also attached an affidavit from from forensic loan analyst/expert Javiar Taboas dated July 14, 2011 who is specifically stating that Wells Fargo securitized/sold Barry Fagan’s note and is fraudulently claiming continued ownership without any proof whatsoever.(See attached affidavit of Expert Javiar Taboas) Also attached is an illegally prepared Declaration of Default which is not actually signed by a natural person, but is signed by Wells Fargo Bank NA. This is a blatant California Civil Code Section 2923.5 and 2924 violation in that this illegally prepared document set in motion the entire illegal Non-Judicial Foreclosure. Also attached is a letter from Wells Fargo Bank dated December 5, 2011 and states that Wells Fargo Bank is reviewing Barry Fagan’s file and will respond on December 15, 2016 (THAT’S 5 YEARS FROM NOW!). Barry Fagan claims that this was a form of retaliatory contact. Wells Fargo is a criminal enterprise that is attempting to illegally foreclose on my primary residence by way of fraudulently altered documents, robo-signed discovery responses, invalid Declaration of Default, no loan level accounting and Barry Fagan’s loan file needs to be investigated at the highest level within your organization to see that a crime has actually occurred! The law offices of Kutak Rock LLP located in Irvine, California needs to have Barry Fagan’s NOTE and Deed of Trust subpoenaed so that your own CFPB organization can inspect those documents to see that they have indeed been fraudulently altered and photo-shopped. Please also visit http://www.fedup99.com/following-barry-fagan/ to see that even Barry Fagan loan application was fraudulently prepared by Wells Fargo private banker Dalia Warren.
    Complaint history

    A Consumer Financial Protection Bureau specialist is reviewing your complaint and may contact you and Wells Fargo Bank NA to collect additional information. This could be a lengthy process, so we ask for your patience.

    Thank you,

    Consumer Financial Protection Bureau
    http://www.consumerfinance.gov
    (855) 411-CFPB (2372)

  10. PENDINGLAWSUIT says:

    Barry Fagan v Wells Fargo Bank re: Consumer Financial Protection Bureau Complaint

    http://www.fedup99.com/following-barry-fagan/

    Information about the company
    Wells Fargo Bank NA
    United States

    Wells Fargo Bank has fraudulently altered Barry Fagan’s Deed of Trust and the attached expert opinion dated 1/12/2012 from Forensic Document Examiner Dr. Laurie Hoeltzel specifically explains that the handwritten page 4 has been altered on two separate versions of that original Deed of Trust. Barry Fagan has recorded all 3 versions of the same deed of trust with the Los Angeles Registrar Recorders Office on November 29, 2011 as instrument no. 2011-1608398. The recorded Notice of Pendency of Action showing three different versions of that same July 9, 2007 Deed of Trust as originally recorded under instrument no. 2007-1622100. Judge Tarle, of The Superior Court of California, West District has taken Judicial Notice of that Recorded Document. Barry Fagan has submitted credible evidence from a forensic document examiner with over 20 years of experience that multiple fraudulent alterations have occurred on the “Handwritten Number page 4” which is located on page 3/4 of the Deed of Trust. All of the Deeds of Trust now reflect an entirely different handwritten NUMBER 4, and one of the exhibits also has a snake like line drawn on it, which is not present on the other two exhibits. C.P.A. Shawn P. Adamo stated: “It is my professional opinion that the altered deed of trust is concealing an irrevocable assignment, and explains why Wells Fargo is unable to produce loan level accounting concerning Mr. Fagan’s loan. Wells Fargo claims that any level of detail relating to Mr. Fagan’s mortgage is non- existent. As a result, CPA Shawn Adamo provided two expert opinions, (one an affidavit signed under penalty of perjury dated January 24, 2012 and the other is a Feb. 6, 2012 complaint letter sent to various regulatory agencies) from C.P.A Shawn Adamo explaining that Wells Fargo Bank has failed to provide a loan level balance sheet accounting and is concealing the fact that they do not own Barry Fagan’s loan. Additionally, forensic document Expert Dr. Laurie Hoeltzel has declared under penalty of perjury on January 2, 2012 that Wells Fargo Bank is robo-signing Discovery Responses by using multiple authors of the name Rhonda Bernard Thomas.(see attached declaration from Dr. Laurie Hoeltzel) I have also attached an affidavit from from forensic loan analyst/expert Javiar Taboas dated July 14, 2011 who is specifically stating that Wells Fargo securitized/sold Barry Fagan’s note and is fraudulently claiming continued ownership without any proof whatsoever.(See attached affidavit of Expert Javiar Taboas) Also attached is an illegally prepared Declaration of Default which is not actually signed by a natural person, but is signed by Wells Fargo Bank NA. This is a blatant California Civil Code Section 2923.5 and 2924 violation in that this illegally prepared document set in motion the entire illegal Non-Judicial Foreclosure. Also attached is a letter from Wells Fargo Bank dated December 5, 2011 and states that Wells Fargo Bank is reviewing Barry Fagan’s file and will respond on December 15, 2016 (THAT’S 5 YEARS FROM NOW!). Barry Fagan claims that this was a form of retaliatory contact. Wells Fargo is a criminal enterprise that is attempting to illegally foreclose on my primary residence by way of fraudulently altered documents, robo-signed discovery responses, invalid Declaration of Default, no loan level accounting and Barry Fagan’s loan file needs to be investigated at the highest level within your organization to see that a crime has actually occurred! The law offices of Kutak Rock LLP located in Irvine, California needs to have Barry Fagan’s NOTE and Deed of Trust subpoenaed so that your own CFPB organization can inspect those documents to see that they have indeed been fraudulently altered and photo-shopped. Please also visit http://www.fedup99.com/following-barry-fagan/ to see that even Barry Fagan loan application was fraudulently prepared by Wells Fargo private banker Dalia Warren.
    Complaint history

    A Consumer Financial Protection Bureau specialist is reviewing your complaint and may contact you and Wells Fargo Bank NA to collect additional information. This could be a lengthy process, so we ask for your patience.

    Thank you,

    Consumer Financial Protection Bureau
    http://www.consumerfinance.gov
    (855) 411-CFPB (2372)

  11. Elyse says:

    I sure hope he stays focused! Kamila Harris must follow his lead and not to “give in”…these guys have committed fraud and caused the economy to tank…they broke the very laws we all are to follow? They need to eat cake…the Jails Cake! Every Sunday during visitation, with their families!!

    These crooks need to visit Bernie Madoff…what he did is a “pea” compaired to these Wall Street Banksters…

    Keep focused!!

  12. Elyse says:

    I sure hope he stays focused! Kamila Harris must follow his lead and not to “give in”…these guys have committed fraud and caused the economy to tank…they broke the very laws we all are to follow? They need to eat cake…the Jails Cake! Every Sunday during visitation, with their families!!

    These crooks need to visit Bernie Madoff…what he did is a “pea” compaired to these Wall Street Banksters…

    Kepp focused!!

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