Lock ’em Up | Fraud on the Court – In Re Delva: Fraudclosure, Fabrication, Bankruptcy and Lies

Well lookie what we have here…

More fraud, more deception, more lies.

All this AFTER the so called mortgage settlement that was to stop all this…

The case below goes a little something like this:

  • Foreclosure filed by INDYMAC bank filed in Jan 2009
  • ONEWEST takes over INDYMAC in March 2009
  • Summary judgment granted to plaintiff in Sept 2009 based on filing of “original” ENDORSED note with endorsement placed below signature line on last page of the “original” note

“Original” Note w/ Endorsement

~

  • Property sold June 2011 with certificate of title issued in March 2012
  • However, DELVA filed bankruptcy in Sept 2011
  • Jan 2012 relief from stay filed by Steve D. Tran of Law Offices of Daniel Consuegra along with a copy of the “original” endorsed note
  • However, this second version or the “original” note reflects an endorsement on a page attached to the signature page (allonge) RATHER THAN THE ENDORSEMENT ON THE SIGNATURE PAGE AS REFLECTED ON THE FIRST “ORIGINAL” NOTE FILED IN THE FORECLOSURE PROCEEDING

“Original” Note w/o Endorsement

~

 

Now where did that original endorsement go?

Clearly a fraud on the court has been committed by the plaintiff by the filing of two different versions of the “original” endorsed note in two different courts.

The hearing is today at 4pm in Broward County FL if you would like to attend.

Copies of the motion and “original” notes below…

Oh and by the way, this ain’t the first time we looked at this file. Last go around we found the Loan Balance MBS Report Conflicts with Servicer Affidavits Presented to Courts & Homeowners.

~

4closureFraud.org

~

2012-4-30-Mot. for Relief-1

exh a to Mot. for Relief (2)-1

exh B to Mot. for Relief (3)-1

exh C to Mot. for Relief-1

Comments
21 Responses to “Lock ’em Up | Fraud on the Court – In Re Delva: Fraudclosure, Fabrication, Bankruptcy and Lies”
  1. zurenarrh says:

    Everybody knows that the dice are loaded;everybody rolls with their fingers crossed…everybody knows the fight was fixed/the poor stay poor and the rich get rich/that’s how it goes/and everybody knows…

    Just quoting Leonard Cohen to say that I concur that the judges don’t give a shit. They don’t follow the law. They are partial and compromised. They could be saving us from the banks, but instead they are feeding us to the banks.

  2. alec ross says:

    I think DeSilva’s lawyer is barking up the wrong tree and he isn’t going to be successful in the circuit
    court to vacate the judgment. If the original note is filed in the circuit court with the
    endorsement underneath the signature line, then it was the bankruptcy court that may have been
    tricked and it is the one to impose sanctions. But in any event, whosever holds the note and
    files the original note in the court file is the one entitled to foreclose is the law in florida. The circuit
    court judge would sayit isn’t my problem if anyone filed a fake copy with the bankruptcy judge;
    but there appears to be no fraud done in my court since I have the original in the court file. .

    • j Alonzo says:

      Wrong! When two notes exist it is presumed both a frauds until it can be figured out. The only reason a the state court judge would do that is because he or she is a bank lover, like most state judges. I doubt this will be ignored and even if, the Federal Bankruptcy court can give and order to the state court removing the Summary judgement and sale. The state court will have to do what the federal court says or the judge will be in contempt. The courts need to put these people in jail. I would be very impressed to see that.

  3. dRp says:

    They were both fabricated. Neither are authentic.

  4. qny81 says:

    Everyone needs to complain to their state bar against all these foreclosure attorneys. Start doing it now and sending copies to your senators. Bill McCollum of FL is looking into these foreclosure mills. Too many complaints against one attorney and they will have trouble explaining what they are doing. Dr. Ron Paul, 2012, if you want REAL change!

  5. readdocs says:

    Sure now, the perpetrators of this mess are trying to ride to the rescue. Another classical
    case of the fox in the hen house.

  6. PATRICK THE PATRIOT FARRELL says:

    Sovereignty and Secured Party Creditor status is THE only way to fight this.
    Be in charge of your life, or some other asshole will.
    And by asshole, I mean lawyer, judge, politician.
    Either you handle the account in your name, or they will.
    And no, they don’t give a shit.Why would they? They are there to administer the paper in the benefit of the other
    assholes, bankers, who bribe [campaign contribution] to the judge.
    Wake up, this is the Tea Party all over again.
    Paper pushing parasites kill them all, just like in 1776.

  7. charlie rice says:

    Most people may know between 2005-07 that their loan mortgage was securitized and if you don’t know what that mean it mean this…

    IN THE CASE OF A SECURITIZED MORTGAGE NOTE THERE IS NO PARTY
     WHO HAS THE LAWFUL RIGHT TO ENFORCE A FORECLOSURE, AND THE 
    PAYMENTS ALLEGED TO HAVE BEEN IN DEFAULT HAVE, IN FACT, BEEN PAID 
    TO THE PARTY TO WHOM SUCH PAYMENTS WERE DUE. 

    *NOW THE BANKS AND THEIR LAWYERS ARE BRING FRAUD UPON THE COURTS! IT’S TIME TO DISBAR THE LAWYERS AND HAVE THE BANKS SANCTIONED….

    You can google the “Explaination of Securitization by Richard Kessler” and download the pdf booklet that is 1-15 pages

    The key is to over turn these GREEDY Bailout Double Dipping Banks because they got paid a 1 trillion dollar bailout in 2008.

    You can Google the “Top 25 Subprime Lenders” and it will give you the list of the banks.

    Now some of the banks have went out of business and these banks that went out of business was most of the people original “LENDERS”

    I bet you that those LENDERS have bundled and sold those homeowners mortgage.

    RULE ONE: REMEMBER IN YOUR DEED OF TRUST number (24) Substitute Trustee
    ONLY THE “LENDER” RESERVE THE RIGHT TO ASSIGN A SUBSTITUTE NO ONE ELSE AT ANY TIME.

    SO WATCH FOR MERS/RECONTRUST NOMINATING AND SUBSTITUTION other banks as
    TRUSTEE BECA– USE YOU’RE THE LANDLORD and they’re trying to bring FRAUD on your TITLE..

    THEY CAN’T DO IT BECA– USE YOUR ORIGINAL LENDER RESERVES THAT RIGHT. IF THEY DID DO IT, THEN THEY HAVE ALSO COMMITTED FRAUD…

    THIS IS THE MAIN REASON BEHIND ALL THE OUT OF CONTROL FRAUD ON THE FORECLOSURES… SO WE DO HAVE A RIGHT TO FIRE OUR TRUSTEE!!

    RULE TWO: THAT MEAN ONLY “YOUR ORIGINAL LENDER” CAN FORECLOSE… BUT SINCE THEY SOLD THE MORTGAGE AND IT BECAME SECURITIZED THEY CAN’T FORECLOSE BECA– USE THE DEBT WAS PAID, AND THEY’RE OUT OF BUSINESS.

    *REMEMBER ALL MORTGAGE SECURITIZATIONS ARE NOW FRAUD!*

    RULE THREE: SO IT’S YOUR HOME FREE & CLEAR… THE ONLY CATCH IS YOU HAVE TO PROVE YOUR MORTGAGE WAS SECURITIZED.

    THAT’S THE SECRET THE BANKS DON’T WANT YOU TO KNOW….

    NOW THIS IS WHY THEY’RE FORECLOSING SO FAST ON HOMEOWNER BECA– USE THE AVERAGE HOMEOWNER HASN’T PUT IT ALL TOGETHER AND THEY’RE LOSING.

    RULE FOUR: THIS IS WHY THE BANKS ARE DOUBLE DIPPING WHICH IS ANOTHER VIOLATION OF THE PSA. THAT’S ALSO FRAUD…

    RULE FIVE: THE KEY TO FIND OUT IF YOUR LOAN WAS SECURITIZED IS TO GO BEHIND THE SCENES INTO THE INTERNET CYBER WORLD AND GET YOUR INFORMATION

    1. GO FIND YOUR DEED OF TRUST AND FIND THE BANK AND THE ADDRESS OF YOUR LENDER.
    2. FIND OUT THE YEAR YOU BOUGHT YOUR HOME.
    3. ABOUT 3 MONTHS AFTER YOU BOUGHT YOUR HOME IT BECAME SECURITIZED.
    4. GO ONLINE INTO THE SEC SECURITIES EXCHANGE COMMISSIONS AND LOOK FOR YOUR BANK AND THE YEAR OF YOUR LOAN.
    5. ONCE YOU LOCATE IT TRACK THE DATE, AND YEAR AND LOOK INTO THE PROSPECTUS REPORT.
    6. YOU SHOULD SEE THE FILE NUMBER AND IT SHOULD TELL YOU WHEN YOU MORTGAGE WAS FILED.
    7. THEN LOCATE YOU BANK INSIDE THE PROSPECTUS AND YOU SHOULD SEE YOUR BANK AND IT SHOULD HAVE THE SAME ADDRESS ON YOUR DEED OF TRUST, AND YOUR BANK SHOULD BE THE RESPONSIBLE
    PARTY FOR SECURITIZATION. THERE’S YOUR PROOF!
    8. NOW SINCE YOU HAVE THAT PROOF YOU THEN CHALLENGE THESE PRETENDER SERVICER BANKS THAT YOU’RE PROBABLY PAYING AND YOU NOW SUE THEM FOR UNFAIR BUSINESS PRATICES AND FRAUD.
    BECA– USE THEY’RE DOUBLE DIPPING ON A MORTGAGE THAT WAS SECURITIZED.
    9. NOW WITH THAT INFORMATION, THE 25 SUBPRIME LENDERS, AND THE BOOK ON EXPLAINATION OF SECURITIZATION YOU NOW HAVE YOUR PROOF TO BEAT THE BANKS AT THEIR OWN GAME, AND KEEP YOUR
    HOME, AND SUE THEM FOR DAMAGES..

    THAT’S HOW I FOUND MY INFORMATION… GOOD LUCK AND SPREAD THE WORD.
    Make sure that u use these cases, and your constitutions

    A. Munger v Moore

    1. U.S. Bank National Association v. Ibanez  

    • PATRICK THE PATRIOT FARRELL says:

      Hey Rice!
      Nice! I like rice, with melted butter and soy sauce! Double dipping indeed. I told that to a Judge, at a hearing on Sept. 15,2008, and he didn’t get it, fucking Republican southern asshole. like always.
      That was the day that Lehman Bros. fell apart, for just the reasons I was giving him.
      I am a Pro Se Plaintiff for 4.5 years, and have lived here since July 2007 for free, due to Fraud.
      Give me an e mail address and I will send files you can read about what you are talking about, in a form the court can cognize. See the judges don’t give a shit, and are not interested in the truth.

      • charlie rice says:

        THEN THE JUDGE IS VIOLATING HIS OATH… THAT’S FRAUD

        YOU HAVE TO GATHER YOUR EVIDENCE, AND PUT THE JUDGE ON NOTICE THAT HE’S UNDER OATH TO PROTECT YOU.

        IF YOU HAVE YOUR PROOF OF YOUR HOME IN THE CHAIN OF SECURITIZATION BEYOND A REASONABLE DOUBT, AND YOUR LENDER SOLD YOUR MORTGAGE TO WALL STREET AND THE DEED AND NOTE WAS DESTROYED…

        THEN IT BECAME A STOCK OPTION, AND IT CAN NOT BE REVERSED BACK INTO A MORTGAGE LOAN DEBT.

        YOUR LENDER IS THE ONLY ONE THAT CAN ASSIGN A SUBSTITUTE TRUSTEE, AND FORECLOSE ON YOU… NO ONE ELSE.

        IN YOUR DEED OF TRUST IT WILL SAY MERS IS ONLY ASSIGNED AS A NOMINEE.

        THE LENDER HAS TO GIVE THE POWER FOR IT MERS TO ASSIGN. IT NEVER DID…
        IT’S FRAUD…

        IF ANY BANK CLAIMS THAT THEY HAVE YOUR DEED AND PROMISE NOTE THEN IT’S FRAUD BECA– USE IT SHOULD BE IN THE HANDS OF THE PSA, AND NOW THE BANKS ARE DOUBLE DIPPING ON A SECURITIZED PROPERTY WHICH IS FRAUD.

        THE BANKS ARE NOT THE REAL PARTY OF INTEREST…

        YOUR MORTGAGE IS SECURITIZED IN A TRUST WITH 2000 to 5000 HOMES AND THE TRUST IS NOT INTERESTED IN FORECLOSING.

        GOOGLE DOWN LOAD “THE EXPLANATION OF SECURITIZATION” SUBMIT YOUR EVIDENCE TO THE JUDGE SO HE CAN UNDERSTAND WITH YOUR CASES TO ARGUE.

      • charlie rice says:

        GET YOUR EVIDENCE TOGETHER AND FILE YOUR SUMMARY JUDGEMENT…

      • charlie rice says:

        YOU HAVE A CONSTITUTIONAL RIGHT TO BE PROTECTED, AND IF YOU HAVE YOUR PROOF AND THE TRUTH BEYOND A REASONABLE DOUBT THEN THE JUDGE IS VIOLATING YOUR CONSTITUTIONAL RIGHT THAT HE’S SWORN UNDER OATH TO PROTECT. THEN HE’S VIOLATED HIS OATH…

        Oath of Office for Federal Officials

        Employees of the United States Government including all members of Congress are required to take the following oath before assuming elected or appointed office.

        5 U.S.C. 3331:

        “An individual, except the President, elected or appointed to an office of honor or profit in the civil service or uniformed services shall take the following oath: ‘I, AB, do solemnly swear (or affirm) that I will support and defend the Constitution of the United States against all enemies, foreign and domestic; that I will bear true faith and allegiance to the same; that I take this obligation freely, without any mental reservation or purpose of evasion; and that I will well and faithfully discharge the duties of the office on which I am about to enter. So help me God.'”

        United States Constitution

        Article VI, Section 3

        The Senators and Representatives before mentioned, and the members of the several state legislatures, and all executive and judicial officers, both of the United States and of the several states, shall be bound by oath or affirmation, to support this Constitution; but no religious test shall ever be required as a qualification to any office or public trust under the United States.

        5 U.S.C. 3333:

        “…an individual who accepts office or employment in the Government of the United states…shall execute an affidavit within 60 days after accepting the office or employment that his acceptance and holding of the office or employment does not or will not violate section 7311 of this title. The affidavit is prima facie evidence that the acceptance and holding of office or employment by the affiant does not or will not violate section 7311 of this title.”

        Federal Law Prohibiting Federal Officials

        From Advocating Overthrow of Government

        Federal law specifically prohibits any individual from accepting or holding any position (including elected office) in the United States Government if he advocates the overthrow of our constitutional form of government.

        5 U.S.C. 7311 (1):

        “An individual may not accept or hold a position in the Government of the United States of the government of the District of Columbia if he (1) advocates the overthrow of our constitutional form of government…”

        Advocate:

        advocate: To plead in favor of : defend by argument before a tribunal or the public : support or recommend publicly. Webster’s Third New International Dictionary

        Advocate: To speak in favor of or defend by argument. To support, vindicate, or recommend publicly. Black’s Law Dictionary

        Federal Criminal Penalty for Violation of Oath of Office

        Federal criminal law is explicit and direct regarding a violation of oath of office by federal officials which includes all members of Congress. The law requires the removal of the office holder as well a prison term or fine for the offender.

        18 U.S.C. 1918:

        “Whoever violates the provisions of section 7311 of title 5 that an individual may not accept or hold a position in the Government of the United States or the government of the District of Columbia if he (1) advocates the overthrow of our constitutional form of government [and] shall be fined under this title or imprisoned not more than one year and a day or both.”

        Executive Order 10450

        In order to instruct investigating federal officials such as the FBI as to what is a violation of the oath of office under 5 U.S.C. 3331 and 5 U.S.C. 7311, Executive Order 10450 was issued to serve as a guideline for determining what actions constituted a criminal violation of the oath of office by federal officials. The order affirms thelaw of 5 U.S.C. 7311 that is a criminal violation under 18 U.S.C. 1918 for a member of the government, which includes members of Congress, to “advocate the overthrow of our constitutional form of government.”

        Executive Order 10450 states (in part): “Whereas the interest of the national security require that all persons privileged to be employed in…the Government shall be reliable, trustworthy, of good conduct and character, and of complete and unswerving loyalty to the United States… it is hereby ordered as follows:

        (a) The investigations conducted pursuant to this order shall be designed to develop information as to whether the employment or retention in employment…of the person being investigated is clearly consistent with the interests of the national security. Such information shall relate, but shall not be limited, to the following:

        (4) Advocacy of use of force or violence to overthrow the government of the United States, or of the alteration of the form of the government of the United States by unconstitutional means.”

        § 241. Conspiracy against rights

        How Current is This?

        If two or more persons conspire to injure, oppress, threaten, or intimidate any person in any State, Territory, Commonwealth, Possession, or District in the free exercise or enjoyment of any right or privilege secured to him by the Constitution or laws of the United States, or because of his having so exercised the same; or

        If two or more persons go in disguise on the highway, or on the premises of another, with intent to prevent or hinder his free exercise or enjoyment of any right or privilege so secured-

        They shall be fined under this title or imprisoned not more than ten years, or both; and if death results from the acts committed in violation of this section or if such acts include kidnapping or an attempt to kidnap, aggravated sexual abuse or an attempt to commit aggravated sexual abuse, or an attempt to kill, they shall be fined under this title or imprisoned for any term of years or for life, or both, or may be sentenced to death.

        § 242. Deprivation of rights under color of law

        How Current is This?

        Whoever, under color of any law, statute, ordinance, regulation, or custom, willfully subjects any person in any State, Territory, Commonwealth, Possession, or District to the deprivation of any rights, privileges, or immunities secured or protected by the Constitution or laws of the United States, or to different punishments, pains, or penalties, on account of such person being an alien, or by reason of his color, or race, than are prescribed for the punishment of citizens, shall be fined under this title or imprisoned not more than one year, or both; and if bodily injury results from the acts committed in violation of this section or if such acts include the use, attempted use, or threatened use of a dangerous weapon, explosives, or fire, shall be fined under this title or imprisoned not more than ten years, or both; and if death results from the acts committed in violation of this section or if such acts include kidnapping or an attempt to kidnap, aggravated sexual abuse, or an attempt to commit aggravated sexual abuse, or an attempt to kill, shall be fined under this title, or imprisoned for any term of years or for life, or both, or may be sentenced to death.

    • see says:

      @ Mr. Rice.

      Here’s a question I have and I am only asking for your opinion. We refinanced through a mortgage broker. In a conversation with him, he informed me that he has investors. MERS on DOT. So on the DOT and Note the mortgage broker is listed as “Lender” as well on other docs. On the top of DOT it says after recording please return to Bank O. In the paperwork at signing Bank O was assigned to be the servicer. Where we were to make the payments. Now on my HUD-1 statement it lists Bank O as the “Lender”. This may not mean anyrhing but on a doc titled “Itemization of Amount Financed” the creditor is listed as the Mortgage Broker. On that doc they list Prepaid Finance Charges in which they have a “loan set up fee paid to Bank O and also a “table funding fee to Bank O. Bank O is no longer. Who in your opinion would be my lender? I have not been able to find anything for either in the SEC. Anyone any input?

  8. usedkarguy says:

    same M.O. with me and Wells Fargo. Different note in BK than foreclosure, three assignments of mortgage, two recorded late and one never before seen tendered to the BK judge. Hmmmmm.

  9. The 1 & 2 combined by Central Mortgage, then sold to MTC, change trusts, then foreclosed, through agressive agents representing fraudulent activities, 4/23/12; bought back by new bank?? this is California calling! There are no attorneys that will take on anything on per diem, and do you blame them! Even if somethng happens it will not bring your home back, or any other assets the damage is now done! I keep hearing about the total $ amounts for the lenders?? what about the ones who thought hanging in was doing the right thing? their loses they will never recapture!

  10. To Tell The Truth says:

    Sounds like my current new filing…a note endorsed when I was already sent one that said certified copy of original with no endorsement…new case new attorney new judge but robo signed docs…mmmmmmm

  11. 2 Pirates Over 40 says:

    Same crap happened to me in both Federal BK court and State courts, neither judges gave a shit………

  12. Art says:

    Fraud on the court by Indymac, OneWest, or US Bank, come on, you must be kidding, lol. Busted !!!

  13. 1ofthemany says:

    Yes LOCK them up and lock up the judges that let this happen on a daily basis ………nationally!!!
    Absurd!!!

    • j Alonzo says:

      It would be great to see some of these Banksters and judges go to jail for not following the law. Then I know this country might have a chance. For now it seems we are getting owned everyday more and more by the banks. Our civil rights are also going down the tubes. TSA Thanks to Bush. NDAA thanks to Obama.
      Our money being printed and worth nothing, Bernanki. Buy gold and head for the hills!

Leave a Reply