Two Sets of Books | Loan Balance – MBS Report Conflicts with Servicer Affidavits Presented to Courts & Homeowners

Two Sets of Books

This is a whole ‘nother kettle of stinking fish.

Again, these insolvent banks prove that they are all making up these facts, sums, figures, and accounting tricks.

Here is one example from a fraudclosure on Amos Delva’s home. There’s all manner of fraudclosure tactics involved, including unreported modification payments, magically appearing and conflicting endorsements on altered promissory notes, and the usual servicer-driven fraudclosure methods. Occupy Ft. Lauderdale is gearing up for anti-eviction defense to aid Mr. Delva. We know he’s in excellent hands.

For the purposes of this post, we’ll be examining a newly uncovered fraud; the two sets of books variant.

An affidavit (below) by Indymac/Onewest robosigner stating the principal amount due on the note and mortgage as of July 8, 2009 is $188,409.60.

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Compare this to the July 2009 investor report which allegedly reports data current as of the end of June 2009. The report to the investors should match what is told to the homeowner and the court, right? But the trustee’s books, US Bank as Trustee for Lehman XS Trust 2005-XM, show the remaining principal amount due as $184,496.15, a four thousand dollar difference.

Click Image to Enlarge

Hmmm… Wonder where that money went…

Many more of these examples to come!



Indymac/Onewest Affidavit Stating Different Principal Balance Than Reported in Investor Report

July 2009 investor report

9 Responses to “Two Sets of Books | Loan Balance – MBS Report Conflicts with Servicer Affidavits Presented to Courts & Homeowners”
  1. pro se way says:

    Would a servicer keep a loan on their books as “in foreclosure” when it is not and the foreclosure was actually dismissed? Could the loan have been sold to the foreclosure mill – which is really a glorified collection agency for pennies on the dollar? I am beginning to suspect that is what has happened to our loan. If anyone has any information that might help me understand this I would really appreciate it.

  2. JP MORGAN says:

    Group 3 0013264617 Mar-2011 01-Aug-2001 SC 80.00 83,600.00 78,082.00 01-Aug-2008 39 8.875% 21,789.57

    Bear Stearns Asset Backed Securities
    Distribution Date: 25-Jan-2012
    Contact: Customer Service – CTSLink
    Securities Administration Services
    8480 Stagecoach Circle
    Frederick, MD 21701-4747
    23-Jan-2012 12:16:42PM
    Asset-Backed Certificates Wells Fargo Bank, N.A. Bear Stearns Asset Backed Securities
    Asset-Backed Certificates
    Series 2003-2
    Foreclosure Loan Detail – All Mortgage Loans in Foreclosure during Current Period
    Month Loan
    Entered FC Paid To Date
    Group Interest
    Date State
    LTV at
    Loan Rate
    Group 3 0011987532 Jul-2010 01-Dec-1996 NJ 85.00 108,800.00 104,056.75 01-Jun-2008 41 10.850% 37,273.23
    Group 3 0011988296 Feb-2011 01-Feb-1997 MD 80.00 62,400.00 36,024.30 01-Aug-2010 15 11.425% 5,160.89
    Group 3 0011988297 Feb-2011 01-Jan-1997 MD 80.00 52,000.00 29,753.50 01-Aug-2010 15 11.425% 4,256.16
    Group 3 0011990067 Dec-2010 01-Dec-1996 NY 82.77 53,800.00 25,652.23 01-Aug-2007 51 11.990% 10,826.80
    Group 3 0011990173 Dec-2010 01-Dec-1996 NY 78.84 54,400.00 38,978.05 01-Jun-2008 41 13.250% 16,986.89
    Group 3 0011991128 Jul-2011 01-Jan-1997 NY 89.22 45,500.00 41,271.58 01-Feb-2009 33 12.250% 13,781.47
    Group 3 0011997726 Nov-2010 01-Dec-1996 FL 99.31 28,800.00 11,039.41 01-Jan-2010 22 11.750% 2,047.61
    Group 3 0012005591 Jan-2011 01-Nov-1996 SC 50.00 38,500.00 33,891.98 01-Apr-2010 19 11.700% 6,524.51
    Group 3 0012008960 Jan-2012 01-Dec-2002 NC 73.97 42,902.35 39,246.79 01-Jan-2011 10 12.400% 4,630.05
    Group 3 0012011095 Jul-2011 01-Dec-1996 NY 48.48 16,000.00 13,832.93 01-May-2010 18 10.950% 2,364.57
    Group 3 0012027287 Apr-2010 01-Dec-1996 SC 97.60 48,800.00 46,644.86 01-Sep-2008 38 7.500% 10,685.93
    Group 3 0012031004 Jan-2011 01-Jan-1997 NY 73.33 55,000.00 29,733.69 01-Feb-2007 57 13.250% 15,787.15
    Group 3 0012036544 Dec-2011 01-Nov-1996 PA 80.69 23,400.00 19,193.42 01-Nov-2008 36 10.500% 5,297.92
    Group 3 0012040341 Jul-2011 01-Dec-1996 CA 96.10 170,100.00 149,379.27 01-Jul-2010 16 11.750% 24,823.14
    Group 3 0012848028 Aug-2011 01-Apr-1994 NJ 25.88 22,000.00 4,424.22 01-Jul-2008 40 12.500% 1,903.71
    Group 3 0013226667 Jul-2011 01-Dec-2001 TX 95.78 368,750.00 356,008.83 01-Feb-2011 9 5.250% 16,217.40
    Group 3 0013264586 May-2011 01-Jan-1997 MI 90.00 117,000.00 81,644.73 01-Nov-2009 24 8.125% 12,901.98
    Group 3 0013264617 Mar-2011 01-Aug-2001 SC 80.00 83,600.00 78,082.00 01-Aug-2008 39 8.875% 21,789.57
    Group 3 0013296004 Oct-2011 01-Jul-2002 MA 69.62 110,000.00 102,153.26 01-Jun-2009 29 8.375% 20,379.82

  3. JP MORGAN says:

    I produced this to several people about a year ago on my own loan , what was another interesting thing on the reports is the dates of foreclosure change. Look at that also. When foreclosure started The loan number had it at march of 2009, now it has been changed that foreclosure started in march of 2011 and the case was still ongoing , so pay attention to those too, also look to see if the loan was added to the buyback list . Lot’s of things to look for.

  4. Jason Werner says:

    Makes me want to cry. I previously worked at US Bank. Where do I turn myself in for ignorantly aiding and abetting?

  5. Pamela Edwards says:

    Cooking the books is a long tried and true business model that the mortgage industry is firmly emeshed in.Perhaps now someone will pay attention and take heed to apply our laws the way they should have been.

  6. Hell No, No More Blasted Bankster Bail-Outs says:

    If you think that is bad, consider my own scenario:

    1. AG Mod (a PERMANENT MOD) signed for.
    2. Mod breached by BAC, servicing moved concurrent with MOD breach.
    3. NOD filed
    4. attorney fighting for mod notes the “Debt validation” names an impossible “Creditor”, i. e. the SERVICER and contacts opposition
    5. New “Debt Validation” was generated citing the creditor as MERS and the debt amount on the same date as in the prior DV was a few dollars different. MERS is the named “Creditor”. Impossible to have different debt amount on same day. MERS can not be the creditor.New DV was not labelled as correcting, it just had a later date on the DV form itself.
    6. Fight for mod proceeds with 10 mod payments made during the case.
    7.Litton takes payments that were paid during that fight when my attorney was replaced and a different strategy is taken by us. Mod case was dismissed by my attorney.
    8. Litton and Quality file NOS without starting over with a new NOD and new DV. With the payments taken, they were obligated to start over from the beginning.
    9. Fight moves to BK court. Bad POC that does not match with recorded documents is filed with BK court.
    10. Assignment generated and recorded the following month in favor of a CWABS trust that closed in 2005.
    11. Loan level data does show payments posted to mortgage.
    12. OCWEN statement shows money credited to payments by me even in 2011.

    So HOW MANY TIMES do they get to submit conflicting information or take payments that would change the amount owed yet continue the NOS postings?


  7. usedkarguy says:

    Hello all. The adjustable rate loans should have been receiving the bi-annual “Notice of Intent To Change Interest Rate” since inception. Long after a default is declared on your behalf, the payments continue. We know that. When presenting the notice to the court, my judge says “We see lots of those, don’t we, counselor?” and the judge and the attorney guffaw together. The joke is on us and it’s between them. They know the amounts are incorrect and do not care. Any proof of the (non) default is ignored. The double booking/two sets of books argument is dismissed out of hand. Until now…….

  8. Charles Deihl says:

    I bought a House in August 2007,For $153,000.Wells Fargo is stating the Market Value now is $200,000.Seems kindy funny,cause Appraisel was NEVER Finished in the First Place and it is a FHA/HUD Secured Loan.Banks are nothing more then Criminals with Intent to take Advantage of Homeowners & the Federal Goverment.

  9. ChrisYAHanWatcher4YAH says:

    “COOKING the BOOKS,” Is a TIME HONORED, Historically Proven TACTIC of the Legal Mercinary’s:
    “Gorilla Accountant Strike Forces” of: those; militarily deploying: “SECRET;ARTful Accounting methods” as:
    “BookKeeping WEAPONS of MASS DESTRUCTION,” and Accounting TERRORISM! This Has Been HONED to
    Perfection since the Days of Ba Ba’aloniYAH, and Sum MariYAH, and likely cause for throwing the Legal
    Mercenaries from the 2nd Temp EL of: SOL AH MON, as the sinagogue of: hAH sHA Tan! Theire IS No THING
    New under the SUN/SOL/ SON/ RAH!

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