Foreclosure Fraud: The Inside Story Behind The Appeals Court Reversal of PennyMac v. Sanbria

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Foreclosure Fraud: The Inside Story Behind The Appeals Court Reversal of PennyMac v. Sanbria

By Matthew D. Weidner, Esq.

On Friday July 15, 2016, Florida’s Second District Court of Appeals reversed a Final Judgment of Foreclosure that was entered against my client in the case, PennyMac v. Sanbria. The full opinion is here: Sanbria

The most important thing to know about this particular case is that throughout the trial, the most important fact we hammered on again and again was the fact that the alleged “original note” was in fact a fraud, a forgery.  During trial, my client testified that the alleged blue ink signature of my client was not in fact her signature.  Over and over, on and on, witnesses testified that the “original note” the bank was using at trial was a fraud, a forgery.  In developments that are still most infuriating to me today, so many months later, the court completely ignored our testimony and our evidence of fraud and forgery….and allowed the bank to walk out of court with a judgment.

A judgement that was predicated on well developed facts and evidence asserting that the promissory note was forged.  Just think about that for a moment and let that sink in. A court has good evidence to support the allegation that a fraud is being committed in the courtroom….and yet, the court rewards that fraud and enters a foreclosure judgment anyway.

The truly terrifying thing about this case is the outcome is not at all unique. We’ve got several cases involving documented fraud…fraud that is rewarded by courts….all in service of granting judgments to banks….like the case where the bank introduced a really bad photoshop of a document…*(we subsequently got that judgment vacated)

But the larger point is this….read through the court transcript and consider what kind of country we live in where these things are permissible.

Now, granted, the appellate court reversed…but the fact that it gets to the point where appellate judges are forced to confront this kind of blatant abuse…that really is the problem. How is it that we live in a state where judges…when faced with the kind of grotesque wrongdoing litigated in this case…feel compelled to reward the bank with a Final Judgment?

Just read through the transcript…and the motions…and ask those questions by clicking here…

~

4closureFraud.org

Comments
6 Responses to “Foreclosure Fraud: The Inside Story Behind The Appeals Court Reversal of PennyMac v. Sanbria”
  1. mike Drouin says:

    If this is a conventional Mortgage loan , I can understand the argument about the Note , But if this is a securitized loan , then your arguing it all wrong !!! Your arguing the fraud , after the fraud and conceding that there was at some point , a valid Mortgage . In the Judges mind , at some point there was a valid Note in existence and that you owe someone money , so they are willing to give the Judgement to the Banks who claim to have lent that money out even though the documents are fraudulent . The Judges are acting with disdain because they think your trying to get something for free . You need to approach this in a different manner . If this is a securitized loan then you can return to court with this past litigation void ab initio .
    You need to rewind the argument back to the origination of the Mortgage contract . If you were involved in the securitization scheme , then the alleged Lender wasn’t who you created the Mortgage documents with , they never lent out any money and kept that hidden from you and that is a CONTRAVENTION of the terms of the Mortgage contract and VOIDS the contract . This gives you the right to RESCIND the written Mortgage documents cancelling out the Promissory Note by operation of Law !! In a securitized loan the one you created the Mortgage documents with is just a servicer of the ILLEGAL contract executed behind your back and without your permission between an Investment Bank and Investors . That contract was TABLE FUNDED by the Investors . The servicer or ” straw man lender ” services the income stream created by the secret contract between the Investment Bank and Investors This is what happened to millions of Americans and the Avaricious adventurers get you to argue the wrong argument in court and the Judges slams you ! Argue that consummation of the Mortgage contract never took place which is vital to the construct of any contract and that Mutual assent could never be achieved in a contract brokered behind your back and without your permission . But before you go to court , Rescind the Mortgage documents . You have the legal right to !!!!

  2. Gregory Bryl says:

    If you have an FHA mortgage taken out prior to February 2015 and you wish to rescind it (or have tried to rescind it unsuccessfully), contact Attorney Gregory Bryl.

  3. usedkarguy says:

    the judges have been paid off with extinguishment of THEIR mortgages through the MERS system. No way to track that. No suspicious activity reports, no cash changing hands, just chop the mortgage in the registry and nobody knows (except the bank and the judge sitting on the bench throwing homeowners out of their houses).

  4. In this case, it might have been wiser to hire a handwriting expert who could testify as it to whether or not it was the clients handwriting. It might sound a little expensive but when you look at the cost of an appellate brief it certainly worth considering. I actually try to case using handwriting expert and it worked out fine because even though the other side had an expert too the judge had the benefit of hearing expert testimony regarding a signature. Keep up the good work.
    Sincerely,
    Robert Roemer.

    • Gregory Bryl says:

      If it was an accurate reproduction of the original note, the hand-writing would be the same. The only difference is that the note is not original, but is an accurate reproduction. A hand-writing expert therefore would not help.

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