Woman Convicted of Two Felony Counts of Offering to Record or Recording False Documents in a Foreclosure Case

Woman Convicted of Two Felony Counts of Offering to Record or Recording False Documents in a Foreclosure Case

A judge has sentenced a woman to a year in Stanislaus County Jail for filing false documents in an attempt to delay foreclosure on her parents’ home.

On June 5, Monica Whitten was convicted of two felony counts of offering to record or recording false documents, the district attorney’s office reported Friday.

Deputy District Attorney Brad Nix prosecuted the case. In 2009, Whitten filed the false documents related to her parents’ mortgage to delay a pending foreclosure, prosecutors said.

Whitten’s case was delayed when she left the country. She was arrested when she flew into Atlanta on her return to the United States.

Prosecutors said Whitten’s case is an example of a common real estate fraud scheme in which defendants pay money for forms they believe will slow down or stop a foreclosure sale and file them at the county clerk-recorder’s office.

The real estate industry is now familiar with these fraudulent documents and is on the lookout for them.

Rest here…

Glad the caught this rouge individual. /sarcasm

~

4closureFraud.org

Comments
31 Responses to “Woman Convicted of Two Felony Counts of Offering to Record or Recording False Documents in a Foreclosure Case”
  1. greywolf62 says:

    Two wrongs don’t make a right. Do not file false documents and think you will get away with it. You don’t have the same resources to spam the courts. Instead, fight. File criminal charges with your local police department and sheriff. Go to your Deeds Office and file a complaint. Send a letter to the County Recorder describing every fraudulent instrument in detail. Contact the District Attorney and the FBI. Yeah, it’s a lot of work, but it sure beats doing time.

    [Expect to be targeted.]

    http://4closurefraud.org/2013/04/16/first-they-came-for-the-deadbeats-judge-orders-guns-taken-from-woman-facing-foreclosure/

  2. Alabama John says:

    Sam,
    Filing a false report to a federally insured bank gets you 30 years per filing. Don’t think its not enforced, but not against a bank for some reason.

  3. John says:

    Michael,
    Our only hope is a jury. To quit paying your mortgage because you cannot for loss of job or sickness, etc. is far different then if you ask nicely for proof they are the right company you should be paying and they cannot provide the proof you ask for.
    Everyone should ask for that proof politely and if it does not come in a reasonable time frame or one you specify generously, then stop paying until it does come.
    Courts sure look at this differently as its a lot different situation. No one wants to make you pay a wrong company and since so many times your loan has been sold many times and none of them are recorded at the local courthouse which you can get for $3.00 by going there in person and asking, and by the way, asking for proof that this company in a line of companies is the right one you should be paying is certainly your right..

  4. John says:

    Todd has it right. Attack, don’t run!

    If you fill out a false monthly financial report to a bank that has made you a business loan or even worse, if any of your employees do, even if its not recorded or signed by you, and its given to given to the bank you as the employer that is supposed to know and supervise everything your employees do can go to Federal prison for 2 years. I know!!!!

    • Michael B. Dickson says:

      John,

      Fightiing is not the problem. The problem is that the courts don’t see a homeowner as citizen of the USA protected by the laws and the Constitution. they see them as the debtor. the one who owes, and until that changes, myself and other homeowners don’t stand a chance in the courts

      • incognito123 says:

        It is frustrating Michael, but do NOT give up!! I’ve been fighting for 5 years now Sui Juris, as that is OUR courtroom. Also, FILE LEGITIMATE COMPLAINTS AGAINST ALL WHO DO ANYTHING WRONG!!! Further, explain, does it make sense if you owe Visa money, American Express sues you because you are not paying, and Sears gives American Express the authority for Visa to sue? Obviously, the answer is no, that makes no sense. Be blunt and truthful about it!!

      • incognito123 says:

        Opps, Sears give Amex the authority to sue for Visa….

  5. dRp says:

    Notice the absence of copies of the documents for our review.

    • London says:

      You mean to tell me that out of all the millions of fraudclosures, the court recorder is going to check this one person that files something to be recorded? Smells like absolute bs to me! I am planning on having some things recorded myself; how in the world would they know it didn’t come from me? I think more ppl should do the same…..just saying……

      • Sam says:

        The poor hapless homeowner is always the guilty party. This is the first prison term I have heard of from someone filing a “false” document in the country recorders office. As you said, millions of fraudulent documents have been filed and this woman is the only one I know of that is going to jail. Unbelievable.

  6. Michael B. Dickson says:

    On July 19th 2011 a bank, that I have never heard of, filed 6 false documents in my foreclosure case. 2 in the county records and 4 in the case file. I have filed a motion to dismiss, with the evidence that the documents are false. we’ll see if the court really cares about the law on the 16th of this month.I have my doubts

    • Sam says:

      Sorry. All the court cares about is if the homeowner has been making payments. The homeowner is guilty unless paid up. Doesn’t matter the fraud, felonies, robbery, breaking and entering-whatever on the bank’s side. The banks get a free pass and there is no rule of law anymore if you are a bank. The banks ARE the law, the sheriff, judge, jury and executioner. If you are a small little person, just trying to survive, and you do one perceived thing wrong, you go to prison. I hope your case is different.

    • Phred says:

      Look up the Penal Code for CA sect. 115.5 and print out a copy to take with you to the courthouse. You’ll see each occurrance is a $75k fine, and 2-4 years state prison. Hand it to the judge and state you are reporting a crime, as required by law of any citizen. Recommend you judge pass it on to the DA for further consideration, and note the ‘unclean hands’ caused by banksters’ actions.

    • Todd W says:

      Michael if you or anyone else wants our 1st RFA and 1st RFP let me know. will send. Hammer them and stick it out until you win. Speed is your friend
      todd

      • Michael B. Dickson says:

        Sorry Todd. What is RFA, RFP

      • Todd W says:

        Request for Production of Documents and Things, and Request for Admissions- look up discovery rules for your state as subsection of your Rules of Civil procedure. Failure to answer or object to requests for admissions is an admission to the facts stated and you can file your Motion for Judgment (verified or with affidavit stating what you are saying is true) and bury them. Most states they have 28-30 days to produce docs and answer RFA. I serve them at same time. have never gotten to do deposition (although I tried) because they squeal like stuck pigs when served discovery. send email to me @ todd@surefirehomeretention.com and will send MS Word doc that you can modify for your state. If you’ve done any pre-complaint informal discovery (i.e. qualified written req or conditional acceptances) include those as well as exhibits to show the “pattern and practice” of their failure to comply. It’s a racket, we all know and these steps clearly expose their racket. Crush them.

      • Joi says:

        @ Michael – You also need to requesta certified copy of Form 10-Q and Form 8-K from the SEC (SECURITIES EXCHANGE COMMISSION) for the bank or mortage company that issued your mortgage. That will show you the cut-off date as to when the assignment of mortgage was to be assigned and a host of other information you’ll need. Anything after that date shown on those documents is fraud. Go to http://www.sec.gov – click on filiings – search for company filings – company or fund name – type in name of (bank and/or mortgage co). Then look up the 10-Q and 8-K for the year your mortgage was given. You make the request online and it takes about 4-6 weeks to receive these documents. I hope this helps. Good luck

  7. charley rice says:

    There is nothing being done because the courts are also tied into this because their pensions are on the line by these PRIME banks. Just follow the whole money trail and you’ll be amazed by what you find because it’s online.

    So it’s actually a conflict of interest with the courts. NOW this is why they can’t get involved.. IT’S NOT A FAIR hearing or trial for you.

    That’s why ONLY the PEOPLE NOW must RISE TOGETHER to rewrite HISTORY, and NOT be PUSHED around ANYMORE by this domino chain of FRAUD and DECEPTION.

    THE SHERIFF AND POLICE SHOULD BE NOW INVESTIGATING THESE BANKS BECA– USE THE PERPETRATORS HAS BEEN EXPOSED.

    THERE HAS ALREADY BEEN NATIONAL NEWS COVERAGE OF THE BANKS BEING GUILTY.

    WHY THE POLICE ARE NOT INVESTIGATING THESE BANKS BEFORE THEY COME OUT TO WRONGFULLY EVICT YOU?

    THEY TOOK SWORN OATHS TO PROTECT THE PEOPLE, AND THEY’RE BREAKING THEIR OATHS WHEN THEY DO THIS TO YOU.

    IT ONLY GOES TO SHOW YOU WHO’S SIDE THEY ARE ON.

    SO AMERICAN PEOPLE OF THIS COUNTRY ASK YOURSELF, WHERE ARE THE LAWS THAT SAY THAT YOU GIVE UP YOUR HOME TO FRAUD?

    THESE COURTS ARE ALSO TAKING YOUR HOMES.

    HERE ARE THE FACTS: CHECK YOUR DEED OF TRUST, AND — USE YOUR COMMON SENSE.

    1) YOUR SUBPRIME LENDER HAD SOLD YOUR MORTGAGE NOTE TO WALL STREET WAS PAID.

    2) THEN WALL STREET CHANGED YOUR PROMISSORY NOTE INTO A SECURITIZED ASSET STOCK CERTIFICATES FOR THE TRUST.

    3) YOUR SUBPRIME BANK HAD JUST VOIDED YOUR DEED OF TRUST CONTRACT WHICH MAKES IT UNENFORCEABLE.

    4) THIS MEANS NO ONE CAN FORECLOSE BECA– USE CHANGING YOUR PROMISSORY NOTE TO A STOCK CERTIFICATE WASN’T INCLUDED IN YOUR DEED OF TRUST CONTRACT. GO BACK TO YOUR DOT & CHECK PARENTHESIS NOTE.

    5) THAT’S A BREECH OF YOUR CONTRACT, AND NOW THE CONTRACT IS CANCELLED.

    6 ) AT THAT POINT YOUR SUBPRIME BANK DIDN’T ASSIGN ANY BANK BECA– USE IT’S IMPOSSIBLE TO UNDO WHAT’S BEEN DONE.

    7) NOW YOUR SUBPRIME BANK HAS BEEN OUT OF BUSINESS FOR YEARS.

    8) ONLY THAT SUBPRIME BANK HAD THE RIGHT TO FORECLOSE, BUT YOUR BANK LOST CONTROL BY SELLING TO A STOCK MARKET WHICH IS NOT A BANK.

    9) YOUR SUBPRIME BANK HAS ALREADY MISSED THE STATUTE OF LIMITATIONS OF 3-4 YEARS TO COLLECT THE DEBT FROM YOU.

    10) YOUR SUBPRIME BANK IS NOW A DEAD BANK WHICH NO LONGER EXIST, AND EVERYTHING THAT YOU ORIGINATED WITH THAT SUBPRIME BANK DIED WITH IT.

    11) LATER IN 2008 THE TARP BAILOUT PRIME BANKS GOT GREEDY AND CONSPIRED TO ROBO SIGNING, AND BACK DATING FRAUD WITH MERS, RECONTRUST, & THE TRUSTEE TO HIDE YOUR OUT OF BUSINESS SUBPRIME BANK BY ACTING AS A TRUSTEE FOR A SECURITIZED ASSET TO STEAL YOUR HOME WHICH BELONG TO YOUR DEAD SUBPRIME BANK AND THE CLOSED TRUST.

    12) ONCE YOUR ASSET STOCK CERTIFICATE WAS PLEDGED INTO THE TRUST, NO TRUSTEE OR PRIME BANK CAN’T TAKE THE PROPERTY BECA– USE IT WILL EFFECT THE TAX STATUS OF THE REMIC.

    13) JUST TAKE A CLOSER LOOK AT YOUR PAPERS IF YOU’RE IN FORECLOSURE LOOK FOR IF THE TRUSTEE STATES REFERENCE FOR “SECURITIZED ASSET” IS PROOF THAT YOUR SUBPRIME BANK SECURITIZED YOUR MORTGAGE.

    14) THAT’S THE REASON WHY IT’S IMPOSSIBLE FOR THE PRIME BANKS TO PRODUCE THE VALID CHAIN OF ASSIGNMENT BECA– USE THEY WERE NEVER GIVEN ONE BY YOUR SUBPRIME BANK.

    15) THIS IS WHEN ALL THE ROBO SIGNING GOT OUT OF CONTROL. NOW LOOK AT THESE PRIME BANKS THAT GOT CONVICTED GUILTY OF FRAUD, AND ALSO SIGNED A CONSENT DECREE TO STOP.

    16) DON’T BE FOOLED, IF YOUR SUBPRIME BANK IS OUT OF BUSINESS IS ALSO CONFIRMATION THAT THEY WAS THE RESPONSIBLE PARTY THAT SOLD YOUR MORTGAGE TO WALL STREET.

    17) SO NO OTHER BANK, STATE OR GOVERNMENT CAN’T VALIDATE/COLLECT THIS DEBT, BECA– USE THEY WERE NOT ASSIGNED THIS DEBT BY YOUR SUBPRIME LENDER WHO NO LONGER EXIST. IS VOID.

    18) THEY ‘RE NOT GOING TO STOP UNTIL THE PEOPLE DECIDE TO WAKE UP AND ALL COME TOGETHER TO NIP THIS PROBLEM IN THE BUD.

    19) THERE ARE NO LAWS THAT SAY THE PEOPLE HAVE TO GIVE UP THEIR HOMES TO FRAUD.

    WE THE PEOPLE, MUST DECLARE A NATIONAL MORATORIUM ON ALL FRAUDULENT EVICTIONS TO RESTORE THE POWER BACK TO THE PEOPLE…

    IT WON’T STOP UNTIL WE DECIDE THAT ENOUGH IS ENOUGH.

    BECA– USE IF YOU LOOK THE OTHER WAY, IT WILL SPREAD OUT OF CONTROL TO A POINT THAT OUR CHILDREN, FUTURE MAY NOT EVEN HAVE A HOME.

    TO START THIS MOVEMENT, PLEASE SIGN THIS PETITION AND FORWARD IT TO EVERYONE THAT YOU KNOW BECA– USE THERE’S STRENGTH IN NUMBERS BY THE PEOPLE..

    http://www.thepetitionsite.com/983/896/071/american-people-lets-all-stop-the-wrongful-foreclosure-fraud/?fb_action_ids=10151001544868292&fb_action_types=og.recommends&fb_source=aggregation&fb_aggregation_id=246965925417366

  8. Anynomous says:

    When a bank files a fraudulent document it is just a technicality…..!

    • incognito123 says:

      Yea, an opps, mistake. But the average person that allegedly rips off a bank hurt the 1%, and this is the punishment. When the 1% decimates the 99%, no big deal and just a mistake. Move along sheeple…..nothing to see here……

  9. Jason Werner says:

    Glad she got caught, but let’s hope the prosecutor goes after the banks for even worse crimes.

    Thanks,
    Jason Werner
    Former Banker, now Whistleblower for years

    • Joi says:

      Look at what you said “former banker” – Your comment was tasteless and unethical. Being a former banker, now whistleblower wouldn’t pretty much matter in GOD’s eyes especially if you didn’t ask for forgiveness and surrender your life to the lord and savior JESUS CHRIST. If not, look forward to going to the place of your shepherd whom you were a shepherd for, THE DEVIL.

  10. Todd W says:

    as former deep sea diver, real estate investor and developer that had their $3M historic real estate development business wiped out by hurricane Katrina 6 yrs ago, and now “accidental litigator” (with an MBA) I’ve learned to treat these stories as “gifts”

    Like all of you, I’ve been obstructed, defrauded, coerced, threatened, intimidated, etc. But when the thieving criminals pull this crap -you use it against them.

    Get the case, find the code she allegedly “violated” and cite it in your case as to the exact reason the same standard applies. Then go for the throat.

    That tactic has been used by me over and over, after getting no where with the FBI, SEC, state prosecutor, sheriff, etc. So now I use their scam against them.

    That’s why they’ve obstructed me from getting back into the courtroom for past 2 years, ever since I got lucky and “outed” f/c mill attorney Thomas P. Dore, when dumbo was stupid enough to get himself sworn in after he tried to enter a counterfeit color copy of an “original” note into evidence.

    Cowards have ducked me ever since and I’m now chasing them in NY with pre-suit discovery since they’ve perverted the “judicial” process in Maryland. Funny now watching them try to duck discovery before I even sue them outside of their home turf.

    Oh,and by the way, the pre-suit discovery petitiion was filed in Judge Schack’s backyard in Kings Co. NY (Brooklyn). I even drove there myself to clock in the petition for pre-suit discovery and clerk had no idea what she was looking at.

    It’s easy to beat these dumbos when you use their own game against them just like every freedom fighter has done to the oppressive government thugs that attempt to beat them down

    Hang tough and beat the crap out of them. That’s how you win.
    Best- Todd

    • sam says:

      That is good. The judges though seem to either be bought off or intimidated by the “Banks”. The same standard should apply. Banks are destroying communities and it would really be in the DA’s best interest for the community sake to go after them. I hope this woman will become the shot heard round the world that will precipitate a revolution. It is disgusting how complicit our government has become with money interests.

    • JJ says:

      Thanks Todd .. Great advice !!

  11. Bobbi Swann says:

    Making her out to be a thief…..imagine that!!!! This will hit the news trust me….all the while they ignore the REAL thieves. We should all bank together and boycott TV news….just turn them off. Get your news where it’s more truth and unbiased – the internet!!!

  12. Joi says:

    Ok, so what’s the problem? What did she do wrong? The banks and law firms are doing this everyday and where are their sentences and handcuffs!!!! Unbelievable, because she’s done nothing any different or less than the crooks that are stealing homes from hardworking individuals.

    • Sam says:

      Unbelievable. Poor woman trying to save her parents home. This is the only prosecution that I have seen with someone going to jail for filing fraudulent documents and of course it is on behalf of a homeowner. This is so ridiculous with the milllions of false documents filed so much so the State of NV Attorney Generals office said every country records office in that state was a crime scene. We have a government totally bought and paid for by corporate interests and they are crucifying sheep. I had 51 false statements and 3 Robosigners recorded in county records in CA-where is the prosecution? I sent all the documents to Department of Justice and they say they are investigating Wells Fargo. There has not been one prosecution of banks since this started or any of the other scandels including Libor, etc. This article made me sick that they would single out this woman and give the banks a pass.

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