I can’t get no satisfaction,
I can’t get no satisfaction.
‘Cause I try and I try and I try and I try.
I can’t get no, I can’t get no.
When I’m ridin’ round the world
and I’m doin’ this and I’m signing that
~The Rolling Stones 1965
Gather round for another chapter from Foreclosure:American Style where, once again, we peek inside the Pandora’s Box and see what manner of vile demon creatures dwell inside.
Introducing the pending Morello Foreclosure.
Jan 31, 2007 Morello signed a promissory note for $203,950, which was secured by a mortgage on a home that was appraised at a value commiserate with the extended loan. The “lender” on these documents is Homebanc Mortgage Corporation. Morello Homebanc Mort. Corp 2007.01.31.pdf
The HomeBanc Mortgage Corporation bankruptcy Chapter 11 bankruptcy petition #07-11079 was filed in the District of Delaware on August 9, 2007. The case was converted to Chapter 7 on February 24, 2009. The trustee was appointed on February 24, 2009.
Dec 8, 2008, foreclosure mill Marshall Watson initiated a judicial foreclosure proceeding in Palm Beach County, Florida. Case No: 502008ca040566xxxxMB. American Home Mortgage Servicing Inc (AHMSI) v Morello. Count I of this complaint is to reestablish a lost promissory note. Count I Item 4 states “Plaintiff is the owner and of said note.” Count II of this complaint is an action to foreclose on the mortgage. Item 12 reiterates that “Plaintiff is the owner of said note.” Attached to the complaint is a debt letter, stating that American Home Mortgage Servicing Inc is the creditor to whom the debt is owed. Morello AHMSI Complaint & Debt Letter.pdf
Dec 10, 2008 an LP was filed into the official public records of PBC, FL. Morello LP MW 2008.12.10.pdf
Dec 30, 2008, Gaylee Cone, an “assistant secretary of the servicing agent of the Plaintiff who is personally familiar with the loan, which is owned by Plaintiff” signs an Affidavit of Indebtedness. It is unclear how the plaintiff in this case, American Home Mortgage Servicing, Inc, which is a servicing agent, has their own servicing agent who has employees who are affiants with personal knowledge. Morello ADO Gaylee Cone.pdf
RECORDED 1/26/2009 Dec 18, 2008, a DocX Affidavit of Missing Assignment of Mortgage was executed by Linda Green, VP of AHMSI as successor in interest to Option One Mortgage Corporation stating two key facts; 1) missing is an assignment of mortgage from Homebank (misspelling preserved) to AHMSI and regardless of that fact, AHMSI is the current holder and/or custodian of the note and 2) “this loan has been satisfied and AHMSI indemnifies against any loss which may occur in regards to the releasing/discharging and/or reconveying of this Mortgage.” Linda Green aff msg asg Homebank to AHMSI.pdf
RECORDED 1/28/2009 Dec 23, 2008, a DocX assignment of mortgage was executed by AHMSI as successor-in-interest to Option One Mortgage Corporation. It is unclear how Option One is involved with this transaction. The mortgage was assigned, by Korell Harp, VP of AHMSI and Pat Kinston, AS of AMHSI, to Federal Home Loan Mortgage Corporation (Freddie Mac). asg DocX AHMSI to Freddie.pdf
Jan 2, 2009, Cindi Ellis, an “assistant secretary of the Plaintiff” signs an Affidavit of Lost Original Document. She states she “has custody and personal knowledge of the account pertaining the original mortgage loan instruments. Affiant has actual and personal knowledge of the facts states herein.” The affidavit goes on to explain how Plaintiff is unaware of the time or circumstances surrounding the loss of destruction of said note. Furthermore, “the persons named in the Complaint are the only persons known to Plaintiff, or any of its agents, who are interested for or against the reestablishment of the subject Note.” And the kicker, “The loss of possession was not the result of a transfer by Plaintiff.” Morello Aff Lost Note Cindi Ellis AHMSI.pdf
RECORDED 5/28/2009: Feb 19, 2009, a DocX Affidavit of Correction executed by Linda Green stating that any mention of the mortgage being satisfied, released or discharged should be struck from the Affidavit of Missing Assignment of Mortgage she signed on Dec 23, 2008, which was recorded on Jan 26, 2009. Green affidavit correct.pdf
√ Lost Assignment from Homebank to AHMSI via a stranger to the entire convoluted transaction, Option One
√ Assignment to Freddie Mac based on an affidavit of lost assignment by AHMIS stating that HomeBank assigned to Option One which was taken over by AHMSI.
√ Affidavit of indebtedness to AHSMI by an “assistant secretary of the servicing agent of AHSMI” dated after the AHMSI signed the mortgage over to Freddie Mac
√ Affidavit attesting to the satisfaction, release, and/or discharge of the mortgage
√ Affidavit “correcting” any previous statements that might give the impression that there was a satisfaction, release, and/or discharge of the mortgage.
Now, let’s be crystal clear. This case will, like a baton in a relay, be passed through a rocket-docket summary judgment hearing in front of an “identified senior judge” that has a courtroom set aside for Marshall Watson summary judgment hearings on the day that this one will be heard. The enhanced real estate race that our Florida circuit court judges have declared is the goal of the judicial system, won’t give this case a second glance. It will be determined that there are “no issues of material fact”. If by some stroke of luck, “issues” are recognized by the court, there will be a judicial undertone, facial expressions, and at times outright biased statements that reveal the judges’ true bias against what they prejudge as “delay tactics” of defendants in foreclosure cases. The judge may say something similar to what I’ve heard on several occasions, “This case has been pending for two years! I’m warning you that they aren’t going to get away with living in a free house for much longer!” I don’t understand these judges. Wouldn’t allowing AHMSI to foreclose possibly be giving AHMSI a “free house”? So, if there’s going to be a “free house”, wouldn’t it benefit the community to have the family living within it’s walls be the beneficiary as opposed to some faceless, nameless, stealth institution who is unjustly enriched by lying, cheating, and stealing?
Is this an isolated case, I wondered?
I quickly checked three counties in Florida, only three counties in one state. The odd thing is that these were all filed under Linda Green’s name, never by the mortgagor’s name and only rarely by one of the other parties’ names. I haven’t yet followed the trail to see what foreclosure mills filed these particular cases that are no more wrongful than any other foreclosure occurring by the millions across our country.
I also haven’t compared the Linda Green signatures on all of the following documents, but the few I’ve checked seem a bit off from Linda Green’s signature here: Linda Green PBC LAA.pdf Any title insurers care to chime in?
- Linda Green Broward AoC1.pdf
- Linda Green Broward AoC2.pdf
- Linda Green Broward AoC3.pdf
- Linda Green Broward AoC4.pdf
- Linda Green Broward AoC5.pdf
- Linda Green Broward AoC6.pdf
- Linda Green Broward AoC7.pdf
- Linda Green PBC AoC1.pdf
- Linda Green PBC AoC2.pdf
- Linda Green PBC AoC3.pdf
- Linda Green PBC AoC4.pdf
- Linda Green PBC AoC5.pdf
- Linda Green PBC AoC6.pdf
- Linda Green PBC AoC7.pdf
- Linda Green PBC AoC8.pdf
- Linda Green PBC AoC9.pdf
- Linda Green SLC AoC1.pdf
- Linda Green SLC AoC2.pdf
- Linda Green SLC AoC3.pdf
- Linda Green SLC AoC4.pdf