Unendorsed Notes Used by Bank of New York in Foreclosures

fraudclosure

Unendorsed Notes Used by Bank of New York in Foreclosures

Crossposted from The Housing Justice Foundation

A Study by The Housing Justice Foundation (click to download PDF).

When faced with foreclosure after the financial crisis of 2008, millions of U.S. homeowners filed bankruptcy cases.  In the 12-month period ending December 31, 2008, there were 1,074,225 non-business bankruptcy filings. This was a significant increase from 822,590 non-business filings in 2007, and nearly twice the 2006 filings of 597,965.  The figures were worse in 2009, with 1,412,838 non-business filings.  In 2010, the filings continued to increase with 1,536,799 non-business filings.  The first decrease was in 2011, with 1,362,847 new filings. In 2012, the number of new filings was 1,181,016. In the five years after the financial crisis, 2008 – 2012, over 6.5 million Americans (6,567,725) filed for bankruptcy.  The total is likely well over ten million because many of the filings were joint filings by spouses.

In millions of cases, the debtors were trying to save their homes from foreclosure, or simply escape the deficiency judgment that would follow them even after they lost their homes, as home prices fell over 50% in many of the hardest hit parts of the country, and the mortgage debt far exceeded the home values.

In most cases, filing for bankruptcy merely delayed the inevitable.  With the filing, there was an automatic stay or stop to all collection activities, including foreclosure. But the stay was only temporary relief.  Within a few months of the filing date, a bank would most often file a Motion to Modify or Set Aside the Stay, asking the court to allow the foreclosure to proceed, and in the vast majority of these cases, the bank’s motion was granted.

In most of the cases from 2008-2012, the bank that asked the bankruptcy court for permission to foreclose was not the original mortgage lender.  In most of these cases, the bank was acting as a trustee for a residential mortgage-backed securitized (“RMBS”) trust.  Thousands of these trusts were formed from 2004-2007, with loan pools of several trillion dollars of U.S. mortgage debt.  The pools were sold to investors, who expected a return for 30 years from the stream of mortgage payments.

By the time the average mortgage loan was the subject of a bankruptcy court filing, that loan had been sold at least two, but often three or more times.  The lender (Countrywide Bank, FSB, for example) sold the loan to a related third-party (Countrywide Home Loans, Inc., for example) who sold the loans to a securities company known as a “depositor” (CWALT, Inc., for example), who then sold the loan, combined with several thousand other loans to form an RMBS trust (Alternative Loan Trust 2005-2, for example). Each trust had a trustee (The Bank of New York, for example) and that was the entity that eventually filed the Motion in bankruptcy court to allow it to pursue a foreclosure.  The filing would be made, for example, by The Bank of New York, as Trustee for CWALT Alternative Loan Trust 2005-2, even though the debtors had taken a home loan from Countrywide Bank and made their monthly payments to Countrywide, until the time they defaulted.

When Bank of New York filed its Motion, typically the allegations in the Motion included a statement by the bank’s lawyer that:

Bank of New York as Trustee for the Certificate-holders of CWALT 2005-2 is the holder of a secured claim against the Debtor evidenced by a note and mortgage, copies of which are attached hereto.

The note and mortgage attached by the Bank of New York showed Countrywide Bank, FSB, as the lender, not the Bank of New York or Countrywide Home Loans or the CWALT 2005-2 Trust.  The endorsements on the note were the critical link between the Bank of New York as Trustee and the original lender, showing the bank’s right to proceed.  On the last page of the Note itself, below the signatures of the borrowers, there was a stamp that would read “Pay to the Order of Countrywide Home Loans, Inc.” and, directly underneath, a signature of an officer of Countrywide Bank, FSB (Laurie Meder, Vice President, for example.)  Because this endorsement identified a specific payee, Countrywide Home Loans, Inc., the endorsement was a “special endorsement.”  Under the Uniform Commercial Code of most states, this special endorsement authorized Countrywide Home Loans, Inc., and only Countrywide Home Loans, Inc. to claim to right to enforce the note.

In the example, however, Countrywide Home Loans, Inc. also sold the loan. On the note, on the same last page, near the endorsement stamp of Laurie Meder, for example, there is a second endorsement that reads “Pay To The Order of ____________________” and directly underneath the blank line, a signature of an officer of Countrywide Home Loans, Inc. (Michele Sjolander, for example, as Vice President of Countrywide Home Loans, Inc.). Because this endorsement did not identify a specific payee, this was a “blank endorsement.”  Under the Uniform Commercial Code of most states, this blank endorsement authorized anyone holding the note with the endorsement to claim the right to enforce the note.

On every note submitted in bankruptcy courts by the Bank of New York as Trustee for a CWALT, CWABS or CWMBS trust (which held over $500 billion dollars of loans), that included an endorsement in blank or an endorsement to the Bank of New York, as Trustee, or an endorsement to the particular trust, that note does indeed serve as evidence of a secured claim against the debtor, noting, of course, that evidence can be successfully rebutted.

The terms of the trust agreements specified that the notes were to have been endorsed in blank, as the following provision from the Pooling and Servicing Agreement for CWALT Alternative Loan Trust 2005-72 (p.31) in subsection 2.01, Conveyance of Mortgage Loans specifies:

                  (i) (A) the original Mortgage Note endorsed by manual or

facsimile signature in blank in the following form: “Pay to the order

of ____________ without recourse,” with all intervening endorsements

showing a complete chain of endorsement from the originator to the

Person endorsing the Mortgage Note (each such endorsement being

sufficient to transfer all right, title and interest of the party so

endorsing, as noteholder or assignee thereof, in and to that Mortgage

Note);

These endorsements were to have been made, and the notes delivered, by the closing date of the trust, reviewed by the document custodian or the trustee, and returned to the originators if there were any deficiencies, so they originator could correct the deficiencies or replace the loan with another qualified loan.

The trust agreements also make it clear that the endorsed notes were to have been delivered to the Master Servicer to be used in foreclosures, as the following provision from the Pooling and Servicing Agreement for CWALT Alternative Loan Trust 2005-72 (p.57) in subsection 3.12, Trustee to Cooperate; Release of Mortgage Files specifies:

From time to time and as shall be appropriate for the servicing or foreclosure of any Mortgage Loan…the Trustee shall, upon delivery to the Trustee of a Request for Release in the form of Exhibit M signed by a Servicing Officer, release the Mortgage File to the Master Servicer. Subject to the further limitations set forth below, the Master Servicer shall cause the Mortgage File or documents so released to be returned to the Trustee when the need therefor by the Master Servicer no longer exists, unless the Mortgage Loan is liquidated…

There is a very clear picture of what was supposed to happen whenever a trust wanted to foreclose on a loan in the trust:  the servicer was to file a form, and the trustee was to deliver the endorsed note to the servicer to use in the foreclosure.  This is what actually happened: in nearly 80% of the cases, Bank of New York used unendorsed notes, and an unsupported allegation that it had the right to foreclose for mortgage-backed trusts.

 

UNENDORSED NOTES USED BY BANK OF NEW YORK IN FORECLOSURES:

Bankruptcy Cases Filed in 2008 and 2009 In 3 Jurisdictions Were Reviewed;

Where Bank of New York, as a Trustee, filed a Motion To Set Aside or Modify the Automatic Stay To Allow A Foreclosure To Go Forward (usually for a CWABS, CWALT or CWMBS Trust – that is, Countrywide);

To Determine How Often the Bank filed an ENDORSED NOTE (endorsed either in blank or to a trust or trustee) In Support of Its Motion.

(Only cases that ended in a Standard Discharge by 6-10-2014 were considered).

In 79% of the Cases, the Bank of New York Filed an Unendorsed Note.

Why does Bank of New York as Trustee most often use unendorsed notes in Bankruptcy court foreclosures? 

Did the trusts ever receive the endorsed notes as promised to investors?

 

District of Massachusetts

Number of Cases With Filed Notes: 118

Number of Cases with Unendorsed Notes: 76

Percentage of Cases with Unendorsed Notes: 64%

 

Middle District of Florida

Number of Cases With Filed Notes: 190

Number of Cases with Unendorsed Notes: 168

Percentage of Cases with Unendorsed Notes: 88%

 

District of South Carolina

Number of Cases with Filed Notes: 19

Number of Cases with Unendorsed Notes: 14

Percentage of Cases with Unendorsed Notes: 74%

 

TOTAL NUMBER OF CASES: 327

TOTAL NUMBER OF CASES WITH UNENDORSED NOTES: 258

PERCENTAGE OF CASES WITH UNENDORSED NOTES: 78.899%

 

UNENDORSED NOTES FILED IN BANKRUPTCY COURTS BY BANK OF NY AS TRUSTEE FOR MORTGAGE-BACKED TRUSTS SEEKING TO MODIFY OR SET ASIDE THE STAY TO FORECLOSE

 

DISTRICT OF MASSACHUSETTS

CASE 08-10761, Unendorsed Note, Document 11, p. 7-9, filed 2-15-2008
CWALT 2005-3CB

CASE 08-11269, Unendorsed Note, Document 11, p. 12-13, filed 3-10-2008
CWALT 2006-OA12

CASE 08-11285, Unendorsed Note, Document 61-1, p. 1-2, filed 7-25-2008
CWABS 2005-2

CASE 08-11618, Unendorsed Note, Document 78-2, p. 1-3, filed 7-2-2009
CWABS 2004-12

CASE 08-11702, Unendorsed Note, Document 12, p. 7-8, filed 3-25-2008
CWALT 2005-76

CASE 08-11865, Unendorsed Note, Document 11-2, p. 1-4, filed 5-27-2008
CWALT 2006-OA9

CASE 08-12428, Unendorsed Note, Document 46-2, p. 1-3, filed 1-19-2010
CWABS 2005-13

CASE 08-14187, Unendorsed Note, Document 18-2, p. 1-3, filed 12-1-2008
CWABS 2005-7

CASE 08-14263, Unendorsed Note, Document 47-2, p. 1-4, filed 12-30-2008
CWALT 2006-OA19

CASE 08-14321, Unendorsed Note, Document 7-2, p. 1-4, filed 7-11-2008
MARM 2005-08

CASE 08-15111, Unendorsed Note, Document 26-2, p. 1-4, filed 10-7-2008
GE-WMC Asset-Backed PT Certs. Series 2005-2

CASE 08-15342, Unendorsed Note, Document 12-2, p. 1-4, filed 8-8-2008
CWALT 2005-56

CASE 08-13956, Unendorsed Note, Document 10-1, p. 1-2, filed 7-1-2008
CWALT 2006-OA2

CASE 08-15551, Unendorsed Note, Document 15-2, p. 1-3, filed 8-21-2008
CWABS 2005-4

CASE 08-16003, Unendorsed Note, Document 69-2, p. 1-4, filed 1-5-2009
CWMBS 2005-2

CASE 08-16059, Unendorsed Note, Document 107-2, p. 1-6, filed 2-23-2010
ABFC 2005-HE1

CASE 08-16560, Unendorsed Note, Document 10-1, p. 5-7, filed 9-25-2008
CWALT 2005-19CB

CASE 08-16984, Unendorsed Note, Document 85-1, p. 1-5, filed 11-19-2009
CWALT 2005-72

CASE 08-17202, Unendorsed Note, Document 17-1, p. 1-4, filed 12-4-2008
CWABS 2004-29

CASE 08-17280, Unendorsed Note, Document 13-2, p. 1-4, filed 12-9-2008
CWALT 2006-OA9

CASE 08-18002, Unendorsed Note, Document 9-2, p. 1-2, filed 11-10-2008
CWABS 2005-13

CASE 08-18203, Unendorsed Note, Document 33-2, p. 1-3, filed 2-19-2009
CWABS 2007-11

CASE 08-18274, Unendorsed Note, Document 17-2, p. 1-6, filed 12-9-2008
CWMBS 2006-3

CASE 08-18413, Unendorsed Note, Document 15-1, p. 1-2, filed 1-6-2009
CWMBS 2006-6

CASE 08-19142, Unendorsed Note, Document 9-1, p. 1-2, filed 2-13-2009
CWABS 2005-14

CASE 08-19735, Unendorsed Note, Document 11-2, p. 1-4, filed 3-3-2009
CWABS 2005-7

CASE 08-30634, Unendorsed Note, Document 26-2, p. 1-3, filed 10-8-2008
CWABS 2004-10

CASE 08-30925, Unendorsed Note, Document 56-2, p. 1-4, filed 12-1-2008
CWABS 2005-05

CASE 08-31114, Unendorsed Note, Document 25-2, p. 1-3, filed 3-12-2010
CWABS 2005-13

CASE 08-40055, Unendorsed Note, Document 51-2, p. 1-3, filed 7-24-2008
CWABS 2005-13

CASE 08-40066, Unendorsed Note, Document 70-2, p. 1-3, filed 11-13-2009
CWABS 2005-AB4

CASE 08-40784, Unendorsed Note, Document 21-2, p. 1-3, filed 8-26-2008
CWALT 2005-J2

CASE 08-40798, Unendorsed Note, Document 81-1, p. 1-2, filed 10-24-2008
CWABS II, INC LFT 2005-4

CASE 08-41494, Unendorsed Note, Document 33-2, p. 1-3, filed 1-5-2009
CWABS 2005-7

CASE 08-41587, Unendorsed Note, Document 8, p. 9-10, filed 6-10-2008
CWALT 2005-49CB

CASE 08-41813, Unendorsed Note, Document 19-2, p. 1-3, filed 10-2-2008
CWABS 2004-AB2

CASE 08-42192, Unendorsed Note, Document 43-2, p. 1-3, filed 11-7-2008
CWABS 2005-13

CASE 08-42465, Unendorsed Note, Document 11-1, p. 1-3, filed 9-8-2008
CWALT 2006-24CB

CASE 08-42667, Unendorsed Note, Document 17-2, p. 1-3, filed 9-1-2008
CWABS 2006-8

CASE 09-42679, Unendorsed Note, Document 24-1, p. 12-15, filing 12-23-2008
CWALT 2004-17CB

CASE 08-42877, Unendorsed Note, Document 30-2, p. 1-4, filed 12-15-2008
CWABS 2005-17

CASE 08-43355, Unendorsed Note, Document 35-1, p. 1-2, filed 12-7-2009
CWALT 2006-6CB

CASE 08-43587, Unendorsed Note, Document 39-1, p. 1-2, filed 9-17-2009
CWABS 2006-3

CASE 09-10765, Unendorsed Note, Document 20-2, p. 1-4, filed 4-8-2009
CWABS 2005-AB4

CASE 09-11274, Unendorsed Note, Document 20-1, p. 1-2, filed 6-5-2009
CWALT 2005-55CB

CASE 09-11382, Unendorsed Note, Document 47-1, p. 1-3, filed 2-22-2010
CWABS 2004-1

CASE 09-12012, Unendorsed Note, Document 27-1, p. 1-2, filed 4-24-2009
CWALT 2005-37T1

CASE 09-12136, Unendorsed Note, Document 11-1, p. 1-2, filed 5-5-2009
CWABS 2006-3

CASE 09-13337, Unendorsed Note, Document 46-2, p. 1-2, filed 1-27-2010
CWALT 2005-85CB

CASE 09-14539, Unendorsed Note, Document 31-1, p. 1-3, filed 11-20-2009
CWABS 2006-5

CASE 09-14710, Unendorsed Note, Document 17-1, p. 1-2, filed 7-23-2009
CWALT 2005-32T1

CASE 09-16429, Unendorsed Note, Document 17-1, p. 1-2, filed 9-25-2009
CWABS 2006-14

CASE 09-16641, Unendorsed Note, Document 12-1, p. 25 -29, filed 8-31-2009
CWABS 2005-BC2

CASE 09-16886, Unendorsed Note, Document 47-2, p. 1-3, filed 2-19-2010
CWALT 2006-18CB

CASE 09-16965, Unendorsed Note, Document 10-1, p. 1-4, filed 10-14-2009
CWALT 2006-OA6

CASE 09-18015, Unendorsed Note, Document 20-1, p. 1-3, filed 12-11-2009
CWABS 2006-17

CASE 09-18857, Unendorsed Note, Document 11-1, p. 14-16, filed 11-17-2009
CWABS 2005-AB4

CASE 09-19095, Unendorsed Note, Document 16-1, p. 1-5, filed 1-4-2010
STRUCTURED ASSET MTG INVESTMENT II TRUST 2006-AR8

CASE 09-19521, Unendorsed Note, Document 15-1, p. 18-20, filed 12-16-2009
CWALT 2006-12CB

CASE 09-19643, Unendorsed Note, Document 8-1, p. 1-4, filed 12-7-2009
CWMBS 2004-12

CASE 09-19971, Unendorsed Note, Document 10-1, p. 1-3, filed 12-14-2009
CWABS 2006-18

CASE 09-20220, Unendorsed Note, Document 24-1, p. 1-4, filed 1-13-2010
CWALT 2005-24

CASE 09-20509, Unendorsed Note, Document 13-1, p. 1-2, filed 12-14-2009
CWALT 2006-24CB

CASE 09-21055, Unendorsed Note, Document 9-1, p. 1-3, filed 1-14-2010
CWALT 2006-11CB

CASE 09-21750, Unendorsed Note, Document 11-2, p. 1-3, filed 12-21-2009
CWABS 2005-17

CASE 09-31814, Unendorsed Note, Document 13-1, p. 1-3, filed 12-15-2009
CWABS 2005-15

CASE 09-41991, Unendorsed Note, Document 63-1, p. 1-2, filed 11-20-2009
CWALT 2004-05CB

CASE 09-43353, Unendorsed Note, Document 26-2, p. 1-3, filed 1-12-2010
CWABS 2005-1

CASE 09-43985, Unendorsed Note, Document 11-1, p. 18-20, filed 1-26-2010
CWALT 2005-30CB

CASE 09-43601, Unendorsed Note, Document 13-1, p. 1-3, filed 1-13-2010
CWABS 2004-05

CASE 09-44443, Unendorsed Note, Document 9-1, p. 1-3, filed 12-16-2009
CWABS 2004-10

CASE 09-44471, Unendorsed Note, Document 7-1, p. 24-30, filed 12-29-2009
STRUCTURED ASSET MTG INVESTMENT II TRUST 2006-AR2

CASE 09-44817, Unendorsed Note, Document 14-1, p. 1-3, filed 12-11-2009
CWABS 2006-18

CASE 09-20271, Unendorsed Note, Document 22-1, p. 1-2, filed 2-22-2010
CWALT 2005-07CB

CASE 09-22629, Unendorsed Note, Document 15-1, p. 1-2, filed 2-24-2010
CWALT 2005-32T1

CASE 09-45572, Unendorsed Note, Document 9-1, p. 1-2, filed 3-17-2010
CWABS 2006-13

 

DISTRICT OF SOUTH CAROLINA

CASE 3:08-00951-jw, Unendorsed Note, Document 24, p. 7-9, filed 11-20-2009
CWABS 2006-19

CASE 7:08-01294-hb, Unendorsed Note, Document 28, p. 7-9. filed 10-27-2008
CWABS 2005-4

CASE 2:08-00277-jw, Unendorsed Note, Document 12, p. 7-11, filed 2-13-2008
BEAR STEARNS ALT A (BS ALT A) TRUST 2004-3

CASE 2:08-00700-jw, Unendorsed Note, Document 17, p. 7-9, filed 7-31-2008
ASSET BACKED CERTS. 2007-2

CASE 3:08-00860-dd, Unendorsed Note, Document 27, p. 7-11, filed 10-7-2008
CWABS 2006-BC3

CASE 2:08-02026-jw, Unendorsed Note, Document 21, p. 7-9, filed 9-16-2008
CWABS 2006-25

CASE 3:08-02035-jw, Unendorsed Note, Document 30, p. 7-9, filed 9-4-2008
CWABS 2003-BC4

CASE 7:08-03144-hb, Unendorsed Note, Document 11, p. 7-8, filed 7-7-2008
CWALT 2005-06CB

CASE 3:08-03199-jw, Unendorsed Note, Document 18, p. 7-10, filed 12-18-08
CWABS 2006-8

CASE 7:08-03868-hb, Unendorsed Note, Document 18, p. 7-9, filed 10-27-2009
FFMLT 2004-FF10

CASE 7:08:05630-hb, Unendorsed Note, Document 9, p. 7-10, filed 10-3-2008
CWMBS 2005-HYB6

CASE 3:08-07684-dd, Unendorsed Note, Document 34, p. 7-10, filed 4-27-2010
CWABS 2005-4

CASE 7:08-08404-hb, Unendorsed Note, Document 60, p. 7-9, filed 3-4-2010
CWABS 2005-16

CASE 3:09-00296-dd, Unendorsed Note, Document 30, p. 7-9, filed 5-11-2009
CWALT 2005-J12

 

MIDDLE DISTRICT OF FLORIDA

CASE 9:08-00160, Unendorsed Note, Document 60-4, p. 13-17, filed 9-8-2008
CWALT 2007-OA10

CASE 9:08-00172, Unendorsed Note, Document 23-2, p. 18-20, filed 6-16-2008
CWALT 2006-OC3

CASE 6:08-00251, Unendorsed Note, Document 21-2, p. 21-24, filed 6-19-2008
CWALT 2005-84

CASE 8:08-00389, Unendorsed Note, Document 12-1, p. 1-5, filed 1-30-2008
CWABS 2006-BC5

CASE 9:08-00458, Unendorsed Note, Document 108-2, p. 5, filed 6-17-2009
ASSET BACKED CERTIFICATES 2007-3

CASE 6:08-00472, Unendorsed Note, Document 28-3, p. 23-26, filed 10-6-2008
CWMBS 2005-4

CASE 3:08-00554, Unendorsed Note, Document 12, p. 1-3, filed 2-18-08
CWALT 2005-AR1

CASE 6:08-00563, Unendorsed Note, Document 11-2, p. 2-3, filed 2-7-2008
CWALT 2004-4

CASE 8:08-00734, Unendorsed Note, Document 46-1, p. 1-5, filed 6-3-2008
CWABS 2006-SD4

CASE 8:08-00795, Unendorsed Note, Document 31-4, p. 19-21, filed 6-17-2008
CWABS 2006-21

CASE 6:08-00926, Unendorsed Note, Document 12-1, p. 1-3 filed 3-3-2008
CWABS 2006-22

CASE 6:08-00943, Unendorsed Note, Document 14-1, p. 1-3, filed 3-6-2008
CWABS 2006-18

CASE 6:08-00979, Unendorsed Note, Document 17-1, p. 1-3, filed 9-21-2008
CWABS 2006-18

CASE 9:08-00992, Unendorsed Note, Document 71-3, p.22-26, filed 9-3-2008
SAMI II Trust 2006-AR7

CASE 6:08-01073, Unendorsed Note, Document 62-3, p. 1-3, filed 9-24-2008
CWABS 2005-3

CASE 6:08-01123, Unendorsed Note, Document 12-1, p. 1-3, filed 2-22-2008
CWABS 2006-14

CASE 6:08-01164, Unendorsed Note, Document 01164, p. 1-3, filed 3-14-2008
CWABS 2006-1

CASE 9:08-01277, Unendorsed Note, Document 20-2 p.15, filed 5-8-2008
CWALT 2005-85CB

CASE 8:08-01278, Unendorsed Note, Document 19-1, p. 1-3, filed 4-28-2008
CWABS 2006-25

CASE 3:08-01457, Unendorsed Note, Document 11-1, p. 1-3, filed 4-8-2008
CWABS 2007-BC1

CASE 3:08-01507, Unendorsed Note, Document 53-2, p. 1-3, filed 7-22-2008
CWABS 2005-AB3

CASE 9:08-01574, Unendorsed Note, Document 31-2, p. 17-20, filed 6-20-2008
CWMBS 2005-HYB7

CASE 6:08-01728, Unendorsed Note, Document 12-1, p. 1-5, filed 3-21-2008
CWABS 2005-15

CASE 6:08-02063, Unendorsed Note, Document 28-2, p. 27, filed 7-17-2008
CWMBS 2006-HYB1

CASE 8:08-02079, Unendorsed Note, Document 29-2, p.32, filed 3-27-2008
CWALT 2006-OC3

CASE 3:08-02199, Unendorsed Note, Document 13-2, p. 1-5, filed 5-23-2008
CWABS 2006-23

CASE 3:08-02206, Unendorsed Note, Document 51-1, p. 11, filed 9-3-2008
CWALT 2005-59

CASE 8:08-02326, Unendorsed Note, Document 57-1, p. 1-3, filed 3-14-2008
CWABS 2006-18

CASE 6:08-02668, Unendorsed Note, Document 16-1, p. 1-3, filed 4-14-2008
CWABS 2006-11

CASE 3:08-02863, Unendorsed Note, Document 19-3, p. 24, filed 9-22-2008
CWALT 2004-17CB

CASE 8:08-02950, Unendorsed Note, Document 12-2, p. 17, filed 3-19-2008
CWALT 2005-80CB

CASE 8:08-02978, Unendorsed Note, Document 34-3, p. 1-2, filed 8-29-2008
CWALT 2005-75CB

CASE 3:08-03193, Unendorsed Note, Document 11-2, p. 1-4, filed 6-23-2008
CHL MORTGAGE PASS-THROUGH TRUST 2003-21

CASE 3:08-03204, Unendorsed Note, Document 11-2, p. 1-3, filed 6-26-2008
CWABS 2004-AB2

CASE 8:08-03248, Unendorsed Note, Document 8-2, p. 4, filed 3-26-2008
CWALT 2005-76

CASE 8:08-03333, Unendorsed Note, Document 47-4, p. 25, filed 9-25-2008
CWALT 2006-OA6

CASE 3:08-03463, Unendorsed Note, Document 16-2, p. 1-3, filed 9-12-08
CWABS 2005-AB1

CASE 6:08-03524, Unendorsed Note, Document 15-3, p. 14, filed 8-25-2008
CWABS 2005-14

CASE 6:08-03697, Unendorsed Note, Document 50-1 p. 2, filed 12-9-2008
CWMBS 2004-5

CASE 3:08-03797, Unendorsed Note, Document 18-1, p. 1-3, filed 9-18-2008
CWABS 2005-AB1

CASE 8:08-03814, Unendorsed Note, Document 50-2, p. 1-4, filed 7-15-2008
CWALT 2005-85CB

CASE 8:08-03872, Unendorsed Note, Document 12-2, p.14, filed 4-7-2008
CWMBS (series unstated)

CASE 3:08-03969, Unendorsed Note, Document 16-2, p. 1-3, filed 8-20-2008
CWABS 2005-16

CASE 6:08-03975, Unendorsed Note, Document 14-2, p. 23, filed 6-20-2008
CWALT 2005-80CB

CASE 6:08-04039, Unendorsed Note, Document 15-1, p. 1-3, filed 6-27-2008
CWABS 2006-14

CASE 8:08-04156, Unendorsed Note, Document 11-2, p. 1-3, filed 9-30-2008
CWABS 2006-8

CASE 6:08-04188, Unendorsed Note, Document 28-2, p. 32, filed8-26-2008
CWALT 2006-OC6

CASE 9:08-04202, Unendorsed Note, Document 30-2, p. 1-3, filed 9-17-2008
CWABS 2005-12

CASE 9:08-04286, Unendorsed Note, Document 8-2, p. 22, filed 4-25-2008
CWALT 2005-65

CASE 6:08-04345, Unendorsed Note, Document 36-4, p. 19, filed 3-3-2009
CWALT 2005-50CB

CASE 6:08-04484, Unendorsed Note, Document 12-3, p. 1-3, filed 6-13-2008
CWABS 2005-AB4

CASE 6:08-04556, Unendorsed Note, Document 12-1, p. 1-2, filed 7-15-2008
CWABS 2007-9

CASE 6:08-04819, Unendorsed Note, Document 15-2, p. 1-5, filed 6-23-2008
BVMBS 2004-2

CASE 9:08-04847, Unendorsed Note, Document 33-3, p. 19-23, filed 8-12-2008
ALTERNATIVE LOAN TRUST 2007-OA2

CASE 8:08-04869, Unendorsed Note, Document 16-2, p. 1-3, filed 10-20-2008
CWABS 2006-23

CASE 3:08-04940, Unendorsed Note, Document 18-2, p. 1-3, filed 12-1-2008
CWABS 2005-16

CASE 6:08-05076, Unendorsed Note, Document 38-1, p. 1-3, filed 9-25-2008
CWABS 2005-9

CASE 6:08-05125, Unendorsed Note, Document 29-3, p. 30, filed 8-12-2008
CWALT 2006-OA8

CASE 3:08-05279, Unendorsed Note, Document 18-1, p. 1-3, filed 12-3-2008
CWABS 2007-1

CASE 6:08-05382, Unendorsed Note, Document 12-1, p. 1-4, filed 7-18-2008
CWALT 2005-63

CASE 6:08-05392, Unendorsed Note, Document 16-2, p. 1-3, filed 7-17-2008
CWALT 2006-15CB

CASE 9:08-05404, Unendorsed Note, Document 15-2, P. 24-26, filed 5-21-2008
CWALT 2006-OC4

CASE 6:08-05550, Unendorsed Note, Document 13-2, p. 1-4, filed 9-16-2008
CWABSA 2005-AB5

CASE 6:08-05667, Unendorsed Note, Document 64-2, p. 1-3, filed 11-12-2008
CWABS 2005-17

CASE 6:08-05763, Unendorsed Note, Document 20-1, p. 1-4, filed 9-2-2008
ENCORE CREDIT RECEIVABLES TRUST 2005-2

CASE 6:08-05782, Unendorsed Note, Document 14-1, p. 1-4, filed 9-25-2008
CWABS 2005-7

CASE 6:08-05783, Unendorsed Note, Document 23-1, p. 1-3, filed 7-31-2008
CWALT 2005-33CB

CASE 8:08-05806, Unendorsed Note, Document 11-2, p.29, filed 5-19-2008
CWALT 2006-OA3

CASE 8:08-05898, Unendorsed Note, Document 13-2, p. 1-4, filed 6-4-2008
CWALT 2005-59

CASE 8:08-06055, Unendorsed Note, Document 9-2, p. 1-5, filed 5-23-2008
CWMBS 2006-HYB3

CASE 9:08-06094, Unendorsed Note, Document 28-3, p. 23-26, filed 6-27-2009
CWALT 2005-AR1

CASE 6:08-06237, Unendorsed Note, Document 34-1, p. 1-6, filed 2-18-2009
CWABS 2006-11

CASE 6:08-06278, Unendorsed Note, Document 28-2, p. 1-3, filed 9-16-2008
CWABS 2006-12

CASE 9:08-06293, Unendorsed Note, Document 9-2, p. 1-5, filed 5-23-2008
CWABS 2006-23

CASE 8:08-06331, Unendorsed Note, Document 12-2, p. 1-3, filed 7-16-2008
CWABS 2005-16

CASE 3:08-06347, Unendorsed Note, Document 10-1, p. 1-3, filed12-23-2008
CWABS 2005-AB1

CASE 8:08-06730, Unendorsed Note, Document 34-2, p. 5, filed 9-10-2008
IXIS 2005-HE2

CASE 6:08-06865, Unendorsed Note, Document 16-4, p. 27, filed 9-29-2008
ALTERNATIVE LOAN TRUST 2007-OA3

CASE 3:08-06923, Unendorsed Note, Document 39-1, p. 25, filed 2-12-2009
CWALT 2005-76

CASE 8:08-06959, Unendorsed Note, Document 18-1, p. 1-3, filed 9-9-2008
CWABS 2005-3

CASE 8:08-07080, Unendorsed Note, Document 13-1, p. 1-3, filed 9-25-2008
CWABS 2006-2

CASE 8:08-07098, Unendorsed Note, Document 17-1, p. 1-5, filed 7-23-2008
CWABS 2006-13

CASE 6:08-07253, Unendorsed Note, Document 20-4, p. 14, filed 1-14-2009
CWALT 2004-36CB

CASE 8:08-07290, Unendorsed Note, Document 11-4, p. 1-2, filed 6-9-2008
CWALT 2005-06CB

CASE 6:08-07599, Unendorsed Note, Document 12-2, p. 1-3, filed 11-8-2008
CWABS 2005-4

CASE 8:08-07754, Unendorsed Note, Document 11-3, p. 7, filed 6-17-2008
CWMBS 2005-4

CASE 8:08-07919, Unendorsed Note, Document 8-2, p. 1-3, filed 6-23-2008
CWABS 2005-14

CASE 8:08-08220, Unendorsed Note, Document 107-1, p. 1-4, filed 11-4-2008
SAMI II 2006-AR3

CASE 6:08-08349, Unendorsed Note, Document 14-3, p. 25, filed 11-3-2008
HARBORVIEW 2006-CB1

CASE 6:08-08472, Unendorsed Note, Document 30-1, p. 1-3, filed 3-3-2009
FFMLT 2004-FF10

CASE 6:08-08644, Unendorsed Note, Document 19-4, p. 20, filed 11-26-2008
CWMBS 2005-HYB5

CASE 8:08-08799, Unendorsed Note, Document 12-2, p. 1-4, filed 9-16-2008
CWABS 2006-BC1

CASE 8:08-09402, Unendorsed Note, Document 25-4, p. 26, filed 1-12-2009
CWALT 2007-OA7

CASE 8:08-09426, Unendorsed Note, Document 8-2, p. 1-3, filed 7-15-2008
ASSET-BACKED CERTIFICATES 2007-2

CASE 8:08-09476, Unendorsed Note, Document 10-2, p. 1-3, filed 7-21-2008
CWABS 2004-05

CASE 6:08-09601, Unendorsed Note, Document 13-1, p. 23, filed 1-22-2009
CWABS 2005-IM2

CASE 9:08-09629, Unendorsed Note, Document 35-4, p. 1-3, filed 1-7-2009
CWALT 2005-AR1

CASE 6:08-09660, Unendorsed Note, Document 11-1, p. 1-4, filed 1-15-2009
BEAR STEARNS ALT-A TRUST 2004-11

CASE 8:08-09811, Unendorsed Note, Document 10-2, p.1-5. Filed 9-16-2008
CWABS 2006-14

CASE 8:08-10340, Unendorsed Note, Document 12-3, p. 1-3, filed 9-2-2008
CWALT 2006-26CB

CASE 8:08-10592, Unendorsed Note, Document 27-2, p. 1-3, filed 10-3-2008
CWABS 2005-11

CASE 9:08-10804, Unendorsed Note, Document 30-4, P. 22, filed 12-2-2008
SAMI II 2006-AR4

CASE 8:08-11006, Unendorsed Note, Document 10-4, p. 22, filed 9-2-2008
CWALT 2005-16

CASE 8:08-11032, Unendorsed Note, Document 11-4, p. 27, filed 8-26-20008
CWALT 2006-OA10

CASE 9:08-11562, Unendorsed Note, Document 42-2, p. 4, filed 3-16-2009
CWALT 2006-OA10

CASE 9:08-11591, Unendorsed Note, Document 8-3, p. 6, filed 9-8-2008
SAMI II 2004-AR5

CASE 9:08-11827, Unendorsed Note, Document 35-3, p. 22, filed 3-16-2009
CWALT 2006-43CB

CASE 8:08-13389, Unendorsed Note, Document 36-3, p. 26, filed 1-22-2009
CWABS 2005-IM2

CASE 8:08-13510, Unendorsed Note, Document 14-2, p. 1-3, filed 9-17-2008
CWABS 2006-13

CASE 9:08-13756, Unendorsed Note, Document 26-2, p. 4, filed 11-3-2008
CWABS 2006-12

CASE 9:08-15162 Unendorsed Note, Document 20-2, p. 1-4, filed 11-7-2008
CWABS 2006-12

CASE 8:08-15196, Unendorsed Note, Document 14-4, p. 24, filed 12-2-2008
CWALT 2006-OC4

CASE 9:08-15342, Unendorsed Note, Document 33-4, p. 22, filed 5-12-2009
CWALT 2005-82

CASE 8:08-15714, Unendorsed Note, Document 12-2, p. 1-3, filed 11-11-2008
CWABS 2005-16

CASE 9:08-15890, Unendorsed Note, Document 30-2, p. 1-6, filed 4-13-2009
CWABS 2005-11

CASE 9:08-16469, Unendorsed Note, Document 19-1, p. 1-3, filed 3-2-2009
CWABS 2006-20

CASE 8:08-16484, Unendorsed Note, Document 17-3, p. 22, filed 1-15-2009
SAMI II 2006-AR3

CASE 8:08-17210, Unendorsed Note, Document 11-2, p. 7, filed 1-2-2009
CIT MTG LOAN TRUST 2007-1

CASE 8:08-17244, Unendorsed Note, Document 28-2, p. 1-3, filed 2-19-2009
CWABS 2005-17

CASE 9:08-18034, Unendorsed Note, Document 18-1, p. 1-2, filed 12-22-2008
CWMBS 2006-J1

CASE 8:08-18402, Unendorsed Note, Document 20-2, p. 1-6, filed 12-2-2008
CIT MTG LOAN TRUST 2007-1

CASE 8:08-19027, Unendorsed Note, Document 27-1, p. 24, filed 4-14-2009
FFMLT 2004-FF10

CASE 9:08-19532, Unendorsed Note, Document 13-1, p. 21, filed 4-9-2009
SAMI II 2006-AR8

CASE 9:09-00082, Unendorsed Note, Document 18-2, p. 1-3, filed 3-18-2009
CWABS 2005-AB4

CASE 8:09-00518 Unendorsed Note, Document 33-1, p. 1-3, filed 5-12-2009
CWABS 2005-14

CASE 8:09-03807 Unendorsed Note, Document 13-4, p. 18-22, filed 5-8-2009
CWALT 2006-OCB

CASE 9:09-04991 Unendorsed Note, Document 14-4, p. 13-14, filed 4-14-2009
CWALT 2006-4CB

CASE 6:09-05145, Unendorsed Note, Document 13-2, p. 1-3, filed 6-1-2009
CWABS 2005-16

CASE 6:09-05730 Unendorsed Note, Document 17-4, p. 16-18, filed 7-6-2009
CWALT 2005-J4

CASE 9:09-05811, Unendorsed Note, Document 21-2, p. 1-4, filed 6-26-2009
CWABS 2006-8

CASE 6:09-06439 Unendorsed Note, Document 12-1, p.1-3, filed 7-14-2009
CWABS 2005-17

CASE 6:09-06760, Unendorsed Note, Document 32-1, p. 17-21, filed 10-23-2009
CWALT 2005-51

CASE 6:09-07167, Unendorsed Note, Document 17-1, p. 1-4, filed 9-2-2009
CWMBS 2005-HYB10

CASE 6:09-06439 Unendorsed Note, Document 12-1, p.1-3, filed 7-14-2009
CWABS 2005-17

CASE 6:09-06760, Unendorsed Note, Document 32-1, p. 17-21, filed 10-23-2009
CWALT 2005-51

CASE 6:09-07167, Unendorsed Note, Document 17-1, p. 1-4, filed 9-2-2009
CWMBS 2005-HYB10

CASE 6:09-06439 Unendorsed Note, Document 12-1, p.1-3, filed 7-14-2009
CWABS 2005-17

CASE 6:09-06760, Unendorsed Note, Document 32-1, p. 17-21, filed 10-23-2009
CWALT 2005-51

CASE 6:09-07167, Unendorsed Note, Document 17-1, p. 1-4, filed 9-2-2009
CWMBS 2005-HYB10

CASE 6:09-06439 Unendorsed Note, Document 12-1, p.1-3, filed 7-14-2009
CWABS 2005-17

CASE 6:09-06760, Unendorsed Note, Document 32-1, p. 17-21, filed 10-23-2009
CWALT 2005-51

CASE 6:09-07167, Unendorsed Note, Document 17-1, p. 1-4, filed 9-2-2009
CWMBS 2005-HYB10

CASE 6:09-06439 Unendorsed Note, Document 12-1, p.1-3, filed 7-14-2009
CWABS 2005-17

CASE 6:09-06760, Unendorsed Note, Document 32-1, p. 17-21, filed 10-23-2009
CWALT 2005-51

CASE 6:09-07167, Unendorsed Note, Document 17-1, p. 1-4, filed 9-2-2009
CWMBS 2005-HYB10

CASE 9:09-09168, Unendorsed Note, Document 14-1, p.13-14, filed 6-22-2009
CWMBS 2003-30

CASE 8:09-09348 Unendorsed Note, Document 16-4, p. 20-22, filed 7-21-2009
CWALT 2006-2CB

CASE 8:09-09664 Unendorsed Note, Document 15-1, p. 31-35, filed 7-23-2009
CWALT 2006-OC2

CASE 6:09-10004 Unendorsed Note, Document 22-3, p. 1-3, filed 8-17-2009
CWALT 2005-47CB

CASE 6:09-10518, Unendorsed Note, Document 16-1, p.23-25, filed 8-28-2009
CWALT 2006-11CB

CASE 3:09-10528 Unendorsed Note, Document 11-1, p. 1-4, filed 2-26-2010
CWABS 2005-3

CASE 9:09-10592 Unendorsed Note, Document 17-1, p 1-4, filed 7-29-2009
CWMBS 2004-12

CASE 9:09-11934 Unendorsed Note, Document 12-1, p. 17-20, filed 8-7-2009
CWMBS2006-HYB2

CASE 8:09-13547, Unendorsed Note, Document 11-1, p. 28-32, filed 8-3-2009
CWALT 2006OC9

CASE 9:09-14140, Unendorsed Note, Document 13-1, p. 21-23, filed 8-7-2009
CWALT 2006-OC1

8:09-14265, Unendorsed Note, Document 13-1, p. 16-20, filed 7-24-2009
CWABS 2005-IM2

8:09-14685, Unendorsed Note, Document 11-1, p.15-16, filed 7-30-2009
CWALT 2005-70CB

6:09-15729, Unendorsed Note, Document 14-2, p. 1-2, filed 11-24-2009
CWABS 2005-9

6:09-17067 Unendorsed Note, Document 16-1, p. 1-4, filed 1-12-2010
CWALT 2005-84

6:09-18170, Unendorsed Note, Document 52-2, p. 1-3, filed 8-13-2010
CWALT 2005-64CB

CASE 8:09-18225 Unendorsed Note, Document 11-1, p. 1-3, filed 9-24-2009
CWABS 2006-16

CASE 9:09-19767, Unendorsed Note, Document 17-1, p. 1-2, filed 10-5-2009
RASC 2005KS8

CASE 8:09-19987 Unendorsed Note, Document 14-1, p. 1-2, filed 10-27-2009
CWALT 2006-23CB

CASE 8:09-20900, Unendorsed Note, Document 11-2, p. 1-4, filed 10-23-2009
American Home Mortgage Investment Trust 2004-4

CASE 8:09-22408 Unendorsed Note, Document 19-1, p. 1-4, filed 11-6-2009
SAMI II 2006-AR7

CASE 9:09-22647, Unendorsed Note, Document 27-1, p. 26-30, filed 1-20-2010
CWALT 2006-OA10

CASE 9:09-26788, Unendorsed Note, Document 38-1, p. 14-16, filed 3-27-2012
CWABS 2005-16

CASE 9:09-27281, Unendorsed Note, Document 22-1, p. 1-2, filed 3-15-2010
Alternative Loan Trust 2007-10CB

~

4closureFraud.org

Comments
28 Responses to “Unendorsed Notes Used by Bank of New York in Foreclosures”
  1. Samantha says:

    This is my loan pool CASE 6:08-04188, Unendorsed Note, Document 28-2, p. 32, filed8-26-2008
    CWALT 2006-OC6

    Foreclosure filed 1/2009, dismissed by court June 2011. Lien foreclosed by HOA in 2013. Foreclosure never re-filed. Never made a payment…three mods denied despite more than adequate income…had THREE short sale contracts via the BAC short sale program that they canceled for “lack of documents”….which was a complete lie…Six different attorneys dissuaded me from filing BK…and I’m glad that I did. I’m long past the FL statute of limitations…yet now a FL district court has appealed a case to support the banks by corrupting the statute.

    BONY got $8billion in restitution from BOA for Countrywide’s blatant securities fraud in these loans..BOA has received BILLIONS in federal bailouts…and now the banks will have state assisted extortion in violation of our own statutes.

    What a joke.

  2. It’s a flaming joke. Let’s see, I’ve been in fraudclosure for 6 years. First CountryWide, then Bac, then Bank of AMerica, who after 4 1/2 years in shadow docket, BANA files a claim to HUD and gets paid the pMI. Hud then sells my mortgage to a 3rd party debt collector for pennies on the dollar. Then the 3rd party debt collector states I owe them twice what my house is worth. Luckily I was able to prove merit to the appellate court and have been approved to proceed with the appeal as a poor person. HOPE??? Naaa…the 3rd party debt collector sold the loan 1/2 way through litigation, AND the judge granted a summary judgment to the substituted in plaintiff…over which he had zero jurisdiction…..fraud, lies, its unbelieveable. But I continue to fight, as the day I let some pretender lender steal my home???? It’ll be over my dead body!!

    • al says:

      expose2b2ffraud , very similar to our fraudclosure…if you are in florida …mmmm. forget about it ALL judges are crooked . HUD involved? FHA fraudulent loan?, well after aprox 5 years i have found that this type of loans went to ginnie mae,, if this is the case your loan is in a ginnie mae pool. and “some one owns it” but surelly not the one who is fraudclosing you , i could bet the papers were never reached the ginnie mae ..may be after some discovery you should be able to open the pandora box, in our case we were sold by our “defense” attorneys and lost the property , but we keep researching and we have found a lot of garbage ……

      to this date, we have 3 different “original” notes and more fabrications form fraudclosure attorney ….

      good luck with those rats…

  3. Willy Wilcox says:

    i think Scully is nuts but chain of title and unsecured notes can help

  4. concerned21 says:

    @MichaelMarr we tried to file an Appeal but the Court clerk refused it and then the Judge did. This was after we went to the Appeals Court and they told us we had to file through the Housing Court and it would be forwarded to them and recorded but the Corrupt Judge ignored the Rules of Law and his professional oath! Oh did I mention we later found out that his wife is an attorney and head of the legal department for one of the top 5 Big Banks GUILTY of ILLEGAL foreclosures? Can you say “CONFLICT OF INTEREST”? We might as well threw the $35,000 down the toilet! Our lawyer begged us to allow this Judge to oversee our case when there never should have been a trial? Trust me all these crooks will get their day!

    • al says:

      actually you don’t ask for permission to file an appeal, we did it before the time expiration as the rule says. ANYWAYS ALL OF THEM ARE CORRUPTED , also the clerk staff , they hide and let the mill extract papers from court file as they wish without registering the removals, in fact , the trial judges let them ” amend” the papers without servicing the papers to defendants (us)……. no due process at all, it is just another joke……
      i stated before, we had, courtesy of our favorite fraudclosure mill douglas c. zahm, fake purported originals, fraud papers everywhere, fraud after fraud….but at the end the just ignored the evidence of this fraudclosure where not even a single number (alleged debt )or evidence was shown to the judge in the trial corrupt court , and let me tell you we didn’t file the regular “pro se” allegations attacking the fraudclosure attorney, we read a lot and tried to be short and precise in every paper(we tried since we been learning rules and laws in our way )…. at the end they rule as affirmed and not a single opinion will be published, because all of them are one……….

      • concerned21 says:

        Al we didn’t ask for permission. We filed a Motion for Appeal before the time expired and the clerk of court refused it. I went to the Appeals Coourt and spoke to someone who told me that is illegal and to file it again because we were still within the time. We filed it again and the Judge refused to allow it. This is just the tip of the iceberg of FRAUD and illegal actions caused by the corrupt & unethical Judge. We have since found out that there was a “conflict of Interest” the judges wife is an attorney and the head of the legal department for one of the big banks. We spent $35,000 in unnecessary legal fees and I have a preponderance of evidence that will or should put this judge, the bank and our attorney behind bars. Trust me I will not stop until justice is served. Unfortunately it has caused my health to fail but I will never give up.

  5. IN PASCO COUNTY,FLA. JUDGES STANLEY MILLS “AIDED”, “ABETTED” & “CONDONED” (W/ “NO” PLAINTIff, A”N.Y. ” ENTITY G.R.P.LOANS L.L.C. (NEVER LEGAL) IN fLA.BY OFFICE OF FINANCIAL SERVICES, “NO” ORIGINAL NOTE, “NO” LEGAL SERVE ON DEF. (ME) , “NO” ASSIGNMENT Of MORTGAGE, iT WAS “FREEMONT-INVESTORS” ALS WHO WAS NEVER LEGAL IN FLA. BUT I MADE PAYMENTS TO, i HAD “13” MORTGAGES &NONE LEGAL IN FLA. (5) ON SAME DAY 1/17/07, ATTY. FILED A “BACK-DATED”, “FORGED”, (ILLEGAL) ASSIGNMENT OF MORTGAGE, “FREEMONT’S”WRITTEN UP 1/17/07 ,FILED ON REC. 1/24/07 & W/ “NO” G.R.P.FINANCIAL SERVICES CORP. G.R.P.LOANS L.L.C. CAME ON THE “GRAVY” TRAIN, FOR 1ST. “GOV.” BAIL-OUT TO G.R.P.LOANS L.L.C. $ 293,000 BY JUDGE MILLS,IN 3/13/09 ,
    ON 4/20/09 10:00-10:15 A.M. ATTY. AMY MC GROTTY W/”NO” PLAINTIfF FAILS TO APPEAR & ABANDONS CASE, (3) MO.’S BEFORE “FRAUDCLOSURE”, i DEMAND “DEFAULTS”, “CONTEMPTS, & SANCTIONS,ON ATTY. & TO dISMISS CASE SHE CALLED INTO COURT @ 10:29 A.M. 14 MIN. AFTER HER CASE WAS
    OVER, HE DENIES ME, IN APRIL 09 HE SET FRAUDCLOSURE, THEN I DEMANDED COURT-ORDER FOR “PRODUCTION Of DOCUMENTS & ALL DISCOVERY DUE TO I WAS IGNORED,NOW JUNE 6/09 I GET COURT-ORDER , “NO” PRODUCTION Of DOCUMENTS,& “NO” DISCOVERY , FRAUDCLOSURE TOOK PLACE 7/14/09 W/OUT A pLAINTIFF, I LOSTMY HOME ATTY. TURNED IN PRIOR CO. ‘S NOTE THAT FREEMONT WAS ILLEGAL IT WAS ONLY TO GET MY SINKHOLE CHECK W/ NO OTHER DEF.’S AFTER CASE WAS SPLIT AFTER I FOUND OUT 3 YRS. LATER AFTER MY HOME WAS SOLD

    7/27/11 W/ “NO” (N.Y.) .L.J.MORTGAGE CAPITAL INC. LEGAL IN FLA. BY O.F.R. 12/31/10-NOW & DENIED NEW LIC. IN FLA. 1 MO. AFTER I FIND OUT ON 8/8/11 “NO” PLAINTIff JUDGE WALTER SHAFER JR. (ILLEGALLY) SPLITS CASE IN 1/2 TO ANOTHER CORRUPT JUDGE LOWELL BRAY JR.

    NOW IN I’M CHASING PURPLE ELEPHANTS AGAIN, “NO” (2) OTHER DEF.’S “DERFRAUDED MY OWN INS. CO. THEY THROW TRAVELER’S CHECK INTO COURT JUDGE BRAY JR. TAKES CHECK INTO HIS (ILLEGSAL) CUSTODY, & I AM THE oNLY DEF, & ALL KNOW THIS W/ EVID. NOW 2/26/12 JUDGE PUT AN UNCONSTITUTIONAL ORDER ON ME I CAN’T FILE PAPERS, COUNTERCLAIM PETITITONS NOTHING I PAID FOR A COUNTERCLAIM W/ JURY.

    NOW 4/28/12 JUDGE (ILLEGALLY) “GRANDFATHER’S” N.Y. D.L.J.MORTGAGE CAPITAL INC. IN, ATTY. CLAIMS THEY’RE IN UTAH, BUT O.F.R. WRITES D.L.J. WAS NEVER IN UTAH,
    JUDGE HAD ME STOPPED BY 2 PASCO SHERIFFS ON MY WAY TO COURT THAT DAY FOR 9:00 A.M. FOR HEARING , THEY PULLED ME OURT OF COMPUTER, I HAD “NO” LICENSE’, GOOD THING I TOOK A FRIEND W/ ME TO DRIVE MY CAR, IT WAS A SET-UP.

    BRAY JR. ALMOST SHIT WHEN I TURNED UP , I THREW MY 2 TICKETS ON THE TABLE “HOW CONVIENANT”, i HAD CALLED MY COURT-REPORTER UP TO TELL HER,
    IN THIS CASE pLAINTIFFS (MY (3) INS. CO.’S FAILED TO SHOW W/ THEIR ATTY.’S, HE REFUSED ME DEFAULTS, CONTEMPTS, & SANCTIONS, & GAVE THE CHECK FOR $ 81.057,07 TO “NO” D.L.J.MORTGAGE CAPITAL INC. WHO WAS NEVER IN UTAH , & THEY ALL WROTE THEY DID NOT WANT ME TO PROSECUTE BUT I APPEALED OVER 30 APPEALS NOW I TURNED THEM INTO I.R.S. WHISTLEBLOWER & INS.-FRAUD DEPT TALLAHASSEE, FLA.
    I WAS ONLY ONE ON MY 4/12/05 POLICY, I WAS ONLY ONE WHO PAID FOR MY 4/12/05 POLICY, I AM ONLY ONE ENTITLED TO MY 4/12/05 SINKHOLE CLAIM ON DAY I PURCHASED MY HOME 4/12/05 A TOTAL-OSS, $ 242,900. ALL (13) CO.’S WERE FRAUD IN FLA. & ONLY 3 ASSIGNMENTS OF MORTGAGES ARE DEAD.
    TALK ABOUT HORROR STORIES A “GOOD” LIFETIME MOVIE NO ONE WOULD BELIEVE I KEEP FIGHTING I RAN THRU (4) DIRTY JUDGES, (10+) DIRTY ATTY.’S 6 FOR INS. CO.’S 5 FOR MORTGAGE CO.’S, & CHIEF CLERKS & CLERKS WHO THROW YOURE APPEALS OUT ,
    THEY ALL NEED JAIL LAST ATTY. ADAM LEICHTLING IS REPRESENTING DEF.’S, PLAINTIFF’S & NOW DEFAULTED ATTY,’S AGAINST ME I’M STILL FIGHTING W/ ALL THE EVID.
    MARGIE 727 326-3629 IN TRASCO ,PASCO FLA.DISGUSTING,

    WHERE ALL ARE “ORGANIZED-CRIME, “RACKETEERING” & “MONEY-LAUNDERING” BY JUDGES TO RETIRE.
    FOR MONETARY REWARDS

    I HAVE 3 JUDGEMENTS OVER $ 1.2 FOR NOW A $32,000. SINKHOLE HOME FOR MY CHECK THEY GOT, TO (3) CO.’S NEVER LEGAL INFLA. FOR (3) GOV. BAIL-OUTS, INT. & (ILLEGAL) ATTY. FEES, ALL NEED TO ROT IN HELL,
    I WILL BE GOING FOR $ 550,000, TRIPLE DAMAGES, & INT, BACK TO 4/12/05-NOW.
    NEXT I WILL BE REVOKING ALL WARRANTY-DEEDS THEY EVEN SELL HOMES IN PASCO W/ LIENS…..

  6. tusense967611 says:

    Why do the courts assume that the loans of the homeowner went into default , yes millions of homes in the U.S. did go into default. Millions…, why? This has never happened before in the history of our country . Many American families put their homes at risk with these convoluted bank loans. Why now and never before? People were convinced to do this and the banks knew the end game would be to their favor. Our homes are our place where we gather with our loved ones, where we spend our entires life’s work to maintain ownership, security. The amount of people involved in this is this, a large number. Instead of looking and blaming the homeowner, we need to look at who is benefitted the most from these foreclosures. It is the Big Banksters. We all know about the Libor scandals and how the banks were working together to set interest rates. How do we know if it wasn’t them who crashed the real estate market forcing people into default so they could take their homes. You don’t hear about this in the courtrooms because the homeowner never had a chance and don’t show up in court. The average foreclosure judge rules in 3-5 minutes in favor of the banks. The gov’t and courts are complicit. This is a sad time in American history that our representatives are doing nothing to protect the hard working homeowner in this country. They sell your house on the courthouse steps for pennies on the dollar and our lifetime of hard work that we built up in equity in our homes is gone! And not only have they stolen our homes but they charge us the difference of those pennies on the dollars and we still own the deficiency or difference in what our home was worth and what they accepted as a offer.So we will continue to have to make payments on our homes that were stolen from us. I used to think America was the best country in the world now I believe it is the worst. These greedy Jewish bankers need to be arrested and never allowed to practice banking again. We need to get rid of the Federal Reserve, who have done nothing for our monetary policy except made it worse and we need to get rid of the IRS. We need to bring back our Christian values and hopefully have people that practice business in an honest way.

    • concerned21 says:

      Amen I couldn’t have said it any better! It is such a disgrace and I am a victim of our home being illegally stolen without any notice and we were never in default our home was paid off. We filed 2 lawsuits and met the Burden of Proof and had a preponderance of evidence all which the Judge ignored. Our son returned home from his 2nd Deployment in Iraq to find out the only home he ever knew was gone. On top of our Troops not getting the care they need a lot of them are probably victims of illegal foreclosures also. The lawyer was too scared of the Judge and would not hold his feet to the fire because he is afraid of his future cases. It is the BIGGEST crime I have seen in my 52 years!

    • concerned21 says:

      Amen our loan was never in default it was actually paid off. We had a lawyer who was too scared to hold the CORRUPT JUDGES feet to the fire. This UNETHICAL JUDGE is gonna not only be exosed he is going to serve time. trust me.

    • concerned21 says:

      Exactly the Judges are so corrupt they ignore the preponderance of evidence that the homeowner was not in default.

  7. Jc Shannon says:

    Hawaii Shaloha Bank of New York declassified by way of forged Vulcan honopunipuni [deception]: A zealous band of Brothers & Sisters in SEC arms way with a feature financial rendezvous with Zionist destiny for Bank of New York multi-billionaire Bankster owner colluded with House deputy Majority Leader U.S. Senator Eric Cantor’s visa ZIO wife. Balls of The Eagle: Amerikan style neo Democracy, Free Market Enterprises or Amerikan style Criminal Free Market Enterpises….for the few, the Proud, the Bankster Elite? Veterans of foreign and domestic interior “Land & Power” paper forgery sovereign wars from the Catbird’s eye of the vanishing Malaysian Tiger. Catch a stealth underwater Black Matrix Pacific Tsunami Wave! Serfs Up? “Eddie [Snowden] would go”? Sir, Yes Sir! Veterans Today.com .

  8. bosto says:

    Interesting that the percentage of cases with unendorsed notes were so much higher in Florida, 88%.

  9. concerned21 says:

    I have a case unlike any other and in MA we have the most corrupt state officials, attorneys and UNETHICAL JUDGES! What does a person do when the met the burden of proof, had a Preponderance of Evidence and the bank that illegally foreclosed ignored MGL ch 244 sec 14 and did not or could not prove they had a legal right? I am disabled and after 23 surgeries nothing has crippled me more than the UNETHICAL JUDGMENT! Our Judge ignored his oath & the Rules of Law. We were given a life sentence but it is not served behind bars. The Bank employees, attorney & Judge should be serving time for their Corruption & Fraud. Our story is finally going to be exposed and then I will be able to help others avoid an ILLEGAL FORECLOSURE!

    • al says:

      ….you should see what the corrupt judges do in florida , is not just for nothing is #1 in fraudclosures .

      we showed to this judge the copy “of the purported “original” note with no indorsement to plaintiff, that another version magically appeared after two years, (by the way the note was claimed as lost, we told him the fraudclosure plaintiff had no standing, we showed the forged signatures of 3 notaries including the fraud assignment, there is even an “affidavit” unsigned! (WTF)..and there was no accounting “affidavits” were empty.. ……how in the hell the judge found the alleged default????

      guess what the judge said…..”ok, i have heard that before, respectfully your motion is denied”

      ooh just to finish, we were served with a different fraudclosure complaint that the one once existed in court file….also magically disappeared

      …..so , the summary judgement was granted without affidavits, without a complaint and without a note or mortgage ….all about judicial efficiency …..

      .i know sound incredible , right?
      here…

      https://www.youtube.com/watch?v=Gr6qb8acOls

      • Wayne L. says:

        Similar thing here.
        Unsigned/undated endorsement a year after original filing with the AOM 6 days after filing (backdated).
        AOM from original lender to BoNY in Nov. 2013, when the original lender went belly up in July 2007 ( a non-entity, doesn’t exist in the universe !!).
        Promissary note shown to Judge different than one at filing, my signature was NOT on it !!
        The judge discarded the all the obvious signs for fraud in less than 5 minutes. Given 120-day sale date.
        Cannot afford an appeal, altho ALL of my defenses were appellate cases (McLean, etc.) to wit the Plaintiff couldn’t touch. It didn’t matter.
        Completely tossed !!!
        Soulless beatch !!

      • concerned21 says:

        I have a son who is a Combat Veteran and I can understand PTSD not at the same level he has but our lives have been destroyed and I feel like we were given a life sentence but don’t have to serve it behind bars. The banksters, attorneys and unethical Judge should be behind bars, but we know that will never happen. It’s like the Fox guarding the Hen house! I have wanted to give up on life but now I am DETERMINED to EXPOSE the FRAUD & get justice. I will then start a non-profit to help others avoid having their paid off home stolen from them.

  10. Alabama John says:

    No one should ever pay anyone anything if the one wanting to be paid cannot prove they are the one owed by you.

    There have been bad folks claiming that you should send them your home loan payment as they have bought your loan and are the new company you should pay. One man I know got three of these notices all from different companies when his long time mortgage company he really owed went broke and some other company bought his loan.

    Just think if you paid the wrong company for many years and then find out you have been paying the wrong company if you will have any chance of getting your money back from the wrong company you paid all those years. I doubt you would get a dime back.

    Sue anyone wanting your money, so, in court a jury can decide who you really owe and then pay that right company as agreed.

  11. Stupendous Man - Defender of Liberty, Foe of Tyranny says:

    “Why does Bank of New York as Trustee most often use unendorsed notes in Bankruptcy court foreclosures?”

    That is a good question.

    I like this one too:

    Why do courts routinely grant foreclosures, or relief from automatic stay, when the moving party presents no admissible, definitive evidence it has the capacity, the requisite standing, or is the real party in interest?

    • WINSTON SCULLY says:

      MOST LIKELY THE MORTGAGE IS LISTED AS A SECURED LOAN. YOU MUST LIST THE LOAN AS AN UNSECURED LOAN. THAT WAY THE BANKS HAVE TO PROVE A VERY STRICT UNBROKEN CHAIN IN TITLE. THE NOTE HAS TO MOVE FROM A TO B TO C TO D, NOT A TO C TO D OR A TO D. IF THE BANK CANT SHOW THESE ENDORSEMENT PHEW!! THEY LOSE, YOU WIN!!!

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