Jeffrey Stephan, who actually works for GMAC Mortgage Corp. in Montgomery County, PA, signs thousands of Mortgage Assignments each month as an officer of other banks and mortgage companies in order to transfer mortgages TO GMAC.
In Florida, the law firms that regularly present documents signed by Jeffrey Stephans as “proof” that GMAC has standing to foreclose include The Law Offices of Marshall Watson, The Law Offices of David Stern and Florida Default Law Group.
Stephan has admitted in depositions that he has no personal knowledge of the facts of documents he signs, does not verify the facts, and often does not sign in front of a notary (though the documents are eventually notarized).
Titles used by Jeffrey Stephan include the following:
(“MERS” stands for Mortgage Electronic Registration Systems, Inc.)
Vice President, MERS as Nominee for American Interbanc Mortgage, LLC;
Vice President, MERS as Nominee for Cardinal Financial Co., Ltd. Partnership;
Vice President, MERS as Nominee for Centerpoint Financial, Inc.;
Vice President, MERS as Nominee for Central Pacific Mortgage Corp.;
Vice President, MERS as Nominee for Certified Home Loans of Florida, Inc.;
Vice President, MERS as Nominee for Gateway Mortgage Group, LLC;
Vice President, NERS as Nominee for GMAC Bank;
Vice President, MERS as Nominee for GMAC Mortgage Corp. d/b/a Ditech.com;
Vice President, MERS as Nominee for Great Country Mortgage Bankers Corp.;
Vice President, MERS as Nominee for Greenpoint Mortgage Funding, Inc.
Vice President, MERS as Nominee for Group One Mortgage, Inc.;
Vice President, MERS as Nominee for Homecomings Financial Network, Inc,;
Vice President, MERS as Nominee for Lexon Financial Mortgage Corp. d/b/a Weslend Financial Corp.;
Vice President, MERS as Nominee for Mortgage Investors Corp.;
Vice President, MERS as Nominee for Pinnacle Financial Corp. d/b/a Tri Star Lending Group
Vice President, MERS as Nominee for Popular Mortgage Corp.;
Vice President, MERS as Nominee for Premier Mortgage Funding;
Vice President, MERS as Nominee for Quicken Loans;
Vice President, MERS as Nominee for Sky Investments d/b/a North Star Lending;
Vice President, MERS as Nominee for Transland Financial Services, Inc.; and
Vice President, MERS as Nominee for USAA Federal Savings Bank
they took action all right then Ocwen Loan Servicing gets all those loans from GMACM from bankrupcy court and puts them back into foreclosure and he Ocwen Loan Services says :
“GMACM put in place document execution procedures which ensure that no future documents would be “robo-signed”. GMACM was and Ocwen is currently in compliance with the Attorney’s General National Mortgage Settlement provisions related to “robo-signing”.
Ocwen is obligated to remedy any continuing violations
of RESPA and the FDCPA. These claims would have no impact whatsoever on ResCap’s bankruptcy estate and are not in any way stayed.
Under the APA, Ocwen assumed all liabilities relating to the
ongoing conduct of the loan servicing business. See APA, Docket No. 2246, Exh. 1 at §§ 2.7
(“Purchaser shall assume and be responsible for all of the Assumed *Liabilities and *Sellers* shall have no further obligations with *respect *thereto.”), 1.1 (defining “Assumed Liabilities” as including
among other things – liabilities arising from the conduct of the purchased assets on or after the closing date).
“it is established that
(1) the purchaser expressly or implicitly agreed to assume
(2) the transaction amounted to a consolidation or merger,
(3) the purchasing corporation was merely a
continuation of the selling corporation,
(4) the transaction was fraudulently entered into to escape liability,
Similarly, courts have held that successor liability applies to RESPA, FDCPA, and Truth-in-Lending Act
claims. See, e.g., Prince v. U.S. Bancorp, *5-*6 (D. Nev. Aug. 25, 2010) (denying motion to dismiss RESPA and FDCPA
claims asserted against successor loan servicer); Abdollahi v. Washington Mutual, FA, No. C09-00743 HRL, 2009 WL 1689656,
*1 (N.D. Cal. June 15, 2009) (finding JP Morgan could be liable for alleged violations of the Truth-in-Lending Act and RESPA by Washington Mutual).
Dear Hallen, I think I love you! You hit the nail on the head.I have been suing GMAC for 7 years and OCWEN got a summary judgment APR 30th, I am appealing but I have a claim in the RECAP case #1353-Patrick Farrell.They are objecting to mt claim but this comment of yours enjoins liability.YAY! firstname.lastname@example.org
you dont really beleive ocwen is in compliance do you.crooked is as crooked does. our defense is to not beleive ANYTHING we hear. look at your assignment of mortgage and if its prepared by David J. Stern signed by jeffrey Stephan as VP OF MERS you know you probable have a notary date that is within the notary’s commission but has a clause in it right after the date the notary signed which might be december 2,2009 “but effective on december 11,2008” to make it in time for the foreclosure which might be december 22,2008 which is backdating the assignment. to where the notary’s commission did not exist yet.YOU ALSO HAVE ASSIGNOR AND ASSIGNEE HAVE THE SAME ADDRESS like gmac’s address in PA AND THE PLAINTIFF LAWYER SAYS AFTER I COMMENT ON THAT “THATS BECA– USE MERS ASSIGNED THE MORTGAGE SO IT DIDN’T HAVE TO BE ASSIGNED” OR WE HAVE THE ORIGINAL NOTE ,ENDORSED IN BLANK BEFORE THE ACTION AND THAT IS WHY IN THE ORIGINAL FORECLOSURE PAPERS THEY APPLIED FOR A LOST NOTE AND MORTGAGE WHAT A BUNCH OF LIES SO DON’T THINK OCWEN WILL EVER DO THE RIGHT THING,EVER. he is just a puppet and you may never know who really owns your loan but its probable FANNIE AND FREDDIE
Hallen, on September 28, 2014 at 1:29 am said:
Ocwen has argued that the consumers could not state a valid claim against the company under the Fair Debt Collection Practices Act because loan servicers are not considered “debt collectors” under that law, But, the court ruled that exemption does not apply where a loan servicer acquires a loan after it has already gone into default. Allen v. Bank of America Corp., Civil LLC No. CCB-11-33, 2011 WL 3654451 at *7 n.9 (D. Md. Aug. 18, 2011)(citing Schlosser v. Fairbanks Capital Corp., 323 F.3d 534,536-39 (7th Cir. 2003);
Shugart v. Ocwen Loan Servicing, LLC, 747 F.Supp.2d 938, 942-43 (S.D. Ohio2010)).
Ocwen loan servicing LLC purchased a discharged written off debt it cannot be collected again.
Ocwen could be a debt collector under the FDCPA since the company acquires debts in default for the purposes of attempting to collect on those debts. Ocwen could be in violation of the FDCPA (15 U.S.C. section 1692d) by engaging in conduct the natural consequence which is to harass, oppress, or abuse, in connection with the collection of the defaulted mortgage loan.
THE FOLLOWING IS THE DECEIT OCWEN AND OTHER LENDERS HAS CONTRIVED AGAINST THE COURT,THE BORROWERS ,THE JUDGES AND THE SEC AND OUR GREAT COUNTRY
Ocwen has illegally foreclosed on behalf of the REMIC on defendants and the Trust that they are Stating that this trust owns your loan and holds the note is not true,since the REMIC is set up as a special purpose vehicle (SPV) due to the IRS CODE 860 GOVERNING TAX PASS THROUGH FOR SPECIAL PURPOSE VEHICLES.
THE REAL PARTIES OF INTEREST ARE THE INDIVIDUAL SHAREHOLDERS THere COULD BE .THOUSANDS OF THEM THAT OWN 1 OR 2 PERCENT OF THOUSANDS OF LOANS THEY CANNOT FORECLOSE ON ANY LOAN. SINCE THE INDIVIDUAL SHAREHOLDERS CANNOT ENDORSE OR ASSIGN THEIR PORTION OF THE LOSS,THEY HAVE TO WRITE IT OFF AS A BAD DEBT.
THE TRUSTEE OF THE REMIC CANNOT DO IT EITHER ,BECA– USE THE TRUSTEE IS NOT THE REAL AND BENEFICIAL HOLDER OF THE PROMISSORY NOTE. THE REMIC HAS GIVEN UP THAT RIGHT WHEN IT CHOSE TO BE A SPECIAL PURPOSE VEHICLE FOR THE PURPOSE OF A STRAIGHT TAX PASS THROUGH.
THIS IS THE DECEPTION THAT OCWEN and other lenders are using TO FORECLOSE ON THOUSANDS OF LOANS and the lenders ARE AVOIDING PAYING TRILLIONS IN TAX DOLLARS and ARE still getting their cake and eating it too.
What do you think would be a fair resolution to this issue?
THE ONLY WAY A BANK CAN FORECLOSE IS BY BUYING THE PROMISSORY NOTE BACK FROM THE REMIC AS A WRITTEN OFF DEBT ,TAX CREDIT HAS BEEN GIVEN TO THE SHAREHOLDERS AND THE REMIC.
the note is NO MORE. SO ESSENTIALLY THESE BANKS ARE PICKING UP THE PROMISSORY NOTE FOR PENNIES ON THE DOLLAR AND THROUGH DECEIT THEY TRY TO REATTACH THE CONVERTED NOTE TO THE DEAD MORTGAGE.
THEY THEN TAKE THESE DOCUMENTS AND REPRESENT THEM TO THE WORLD AS IF THEY ARE THE REAL PARTIES IN INTEREST. THEY BRING THESE DOCUMENTS INTO COURT AND THEIR OWN COUNSEL(WHO FOR THE MOST PART are IGNORANT OF THIS SCHEME)
Deception by Ocwen loan servicing WHO IS NOT the real party in interest with no authority to foreclose ON ANYONE is extortion and organized Rico crimes against hard THE working american FAMILY AND THE WORLD.
the Bank has to prove that the loan was not written off by the REMIC.
THE BANK HAS TO PROVE THAT THERE IS A PERFECTED CHAIN OF TITLE FROM ORIGINATION,TO THE REMIC,AND FROM THE REMIC BACK TO THE BANK.
THE ORIGINAL DELIVERY OF THE TITLE OF THE PROMISSORY NOTE HAS TO BE PROPERLY DONE WITHIN 90 DAYS OF SALE INTO THE REMIC. IF THIS IS NOT DONE .THIS MEANS THE CHAIN OF TITLE WAS BROKEN.
REMEMBER ,THE REMIC HOLDS ALL THE LOANS TOGETHER IN A POOLING AND SERVICING AGREEMENT (PSA),HOWEVER BECA– USE THEY CHOSE TO AVOID THE IRS TAX RULES
INTERNAL REVENUE CODE (I. R.C. 860 ) FOR DOUBLE TAXING ,THEY PASS ON THE REAL PARTY OF INTEREST/OWNERSHIP OF THE ASSET TO THE INDIVIDUAL SHAREHOLDERS SO NEITHER THE REMIC NOR THE TRUSTEE MAY FORECLOSE.
THE SERVICER CAN ONLY COLLECT THE MONEY AND PASS IT TO THE REMIC,THAT IS THE
EXTENT OF THEIR JOB
SO WHO CAN FORECLOSE ? THE ANSWER IS NOBODY.
IF THE BANK IS NOT THE REAL PARTY IN INTEREST,NOR THE HOLDER OF THE NOTE
IN DUE COURSE ,WHAT BUSINESS DO THEY HAVE IN FORECLOSEING ON YOUR HO– USE.
IN CONCLUSION ,THE ORIGINAL LENDER CANNOT FORECLOSE.
UNDER FAS 140 (GOOGLE THIS) STATES THAT THE ORIGINAL LENDER PACKAGED THOUSANDS OF LOANS AND SOLD THEM TO THE REMIC AND FOREVER LOST THEIR RIGHTS TO ENFORCE THE NOTE. THEN THE LENDER ACTS AS A SERVICER .ONLY.
HERE IS THE CAST AND CREW
THE TRUSTEE OF THE REMIC
WALA THE DECEIVERS THAT WILL DO AND SAY ANYTHING TO STEAL YOUR HOME.
AN EXAMPLE OF A SERVICER ILLEGALLY FORECLOSING ON YOUR HOME,USING THE REMIC.
IF YOU GET A NOTICE OF DEFAULT OR SUBSTITUTION OF TRUSTEE,THE DOCUMENTS MENTION SOMEONE LIKE NEW YORK MELTON TRUST SERIES 123223,THEN THIS WILL INDICATE THAT THE SERVICER IS FORECLOSING ON BEHALF OF THE REMIC.
AND AS WE KNOW ,THE REMIC CANNOT FORECLOSE BECA– USE IT IS SET UP AS A SPECIAL PURPOSE VEHICLE THROUGH FAS 140 (LOOK IT UP) IS SET UP AS A PASS THROUGH FOR TAX PURPOSES WHEN THE ORIGINAL LENDER SOLD IT TO THE REMIC AND FOREVER LOST THEIR RIGHTS TO ENFORCE THE NOTE. ,THE REMIC HOLDS ALL THE LOANS TOGETHER IN A P.S.A. (POOLING AND SERVICING AGREEMENT).
HOWEVER BECA– USE THEY CHOSE TO AVOID THE IRS RULES (I.R.C.860) FOR DOUBLE TAXING ,THEY PASS ON THE REAL PARTY IN INTEREST /OWNERSHIP OF THE ASSET TO THE INDIVIDUAL SHAREHOLDERS. SO NEITHER THE REMIC NOR THE TRUSTEE MAY FORECLOSE AND THIS IS THE NATURE OF WHAT OCWEN AND OTHER LENDERS ARE FORECLOSING THROUGH DECEIVING THE BORROWERS,THE JUDGES AND THE WORLD.
SINCE THE INDIVIDUAL SHAREHOLDERS ARE THE ONLY ONES TAXED THEY CANT ENDORSE AND ASSIGN THEIR PORTION OF THEIR LOSS , THEY HAVE TO WRITE IT OFF AS A BAD DEBT.AND THE REMIC HAS GIVEN UP ITS RIGHT TO FORECLOSE WHEN IT STRUCTURED ITSELF AS A SPECIAL PURPOSE VEHICLE.
SO WHY IS THERE SO MANY FORECLOSURES GOING ON ? DECEIT REPEAT, DECEIT REPEAT. THIS IS EXTORTION AND RICO CRIMES.
THE ROBO SIGNERS ARE JUST A DISTRACTION FOR WHAT IS REALLY GOING ON
i found 2 assignments in dec 2009 OND DAY AFTER ANOTHER in broward county recorder assigning GMAC SIGNED BY JEFFREY STEPHAN AS THE VICE PRESIDENT OF MERS AND GMAC TRANSFERRED THIS LOAN TO OCWEN LOAN SERVICING WHO IS TRYING TO FORECLOSE ON THE HOA THAT FORECLOSED ON MY CONDO TO GET IT BACK TO SUE ME AND SELLTHE PROPERTY AS PRETENDER LENDERS WITH NO STANDING TRYING TO DO ALL THIS WITH AN BROKEN ASSIGNMENT ,NO CHAIN OF TITLE,NO PROOF OF PROMISSORY NOTE OR MORTGAGE BECA– USE THEY SOLD IT MANY TIMES OVER TO INVESTORS AND SECURITIZED
IT SO NO ONE WOULD HAVE HAVE ANY OWNERSHIP PLUS THE NOTARIES IN QUESTION WERE SUSPENDED FROM MONTGOMERY PA. CINDY A. STEWART AND TRINA WILTBANK
BOTH SUSPENDED FOR NOT KNOWING THE DUTIES OF THEIR JOBS AS NOTARIES.MULTIPLE COUNTS OF FRAUDALENT DOCUMENTS PLUS
in violation of: 8, Section 1) (c) on page 25.
(c) In the State of Florida, the authority to conduct foreclosures in the name of MERS granted to a Member’s Certifying Officers under Paragraph Three of the Member’s MERS Corporate Resolution is revoked. Effective June 1, 2006, the Member shall be sanctioned $10,000.00 per violation for commencing a foreclosure in Florida in the name of MERS.
Another group who may be hurt by the bill are individuals who are in foreclosure, yet the home is not their primary residence, but rather an investment property that they rent out.
Under those circumstances, under the new law, the banks have the opportunity to attempt to have the rents directed either to the bank or to the courts during the pendency of the foreclosure.
PLUS THE NEW LAW THAT JUST CAME INTO EFFECT BY THE FLORIDA LEGISLATURE
IT’S CALLED “order to show cause” will require the defendant to prove why the bank is not entitled to be able to collect the rents. In other words, the burden of proof and rules of civil procedure and the rules of evidence have been turned against the homeowners and the homeowner is now presumed guilty or liable prior to having their full day in court.
Therefore, it would appear that a condominium or homeowners’ association cannot state a cause of action for foreclosure under the law because they are not foreclosing on a note, but rather unpaid assessments not addressed in the law.
Obviously, having the legislature change the rules of civil procedure is illegal under the Florida Constitution in that only the Florida Supreme Court is permitted to do that.
There will be clearly challenges to the law based on the legislature placing its nose under the judicial tent improperly and unconstitutionally.
In addition, there is a provision in the law to have a retroactive effect, which is unconstitutional for being ex post facto, retroactive and also interfering with existing contractual relations between parties all of which are unconstitutional under the Florida constitution.
SO THE HOMEOWNER AGAIN IS BEING PUT AT ODDS AGAINST A SYSTEM THAT DON’T EVEN FOLLOW THE LAW. WE HAVE OUR WORK CUT OUT FOR US. NO MORE CONDO ASSOCIATION FOR ME.We have enough to put up with fraud from the bank trying to foreclose
without having the promissory Note,Chain of Title Proof because they already sold you property 2 or three times and foreclosing on the homeowner is the icing on the cake tor them. and every time they forecose and sell a property they get paid because they hold insurance that is ten times the amount the house is worth. Get really mad and fight back.Look up the ASSIGNMENTS
IN YOUR COUNTY TO SEE IF THERE IS FRAUDULENT DOCS WITH WHO IS SIGNING M.E.R.S. AND NOTARY STAMPS. THATS WHERE YOU CAN PROVE BREAKS IN THE LINE OF TITLE AND STOP FORECLOSURE.
[…] LINK – Foreclosure Fraud – Titles Used by Jeffrey Stephan of GMAC […]
Is anyone collecting the scribble signatures? You will discover some of the scribbles are signatures also of the witnesses. This means one person is doing all the signatures with alleged “authority” or POA. Until we start collecting and posting all these signatures, we will never know who signed what. And if one is made by a POA, if it is a real one, it can then be checked against other alleged signatures. If we want real signatures we have to go after the signature of the persons on any state professional licenses they have. These will be on their applications. Check the post office where they get their mail and get copy of change of address card that has their signature. If they are a notary, get their notary application file. Their real signature must be on this and also notarized. Send letters to these people asking for an address to send a notice of taking depositions, and see if they will respond with a real signature. The problem is no one has been busy trying to find out what the true signatures are of these notaries, vice presidents, or witnesses. Check the division of corporations and get a copy of the original corporation filings that has all the signatures of the incorporators. Then we need to start posting the documents showing the real signatures. When these are entered into the court record a judge will have to decide if forgery has taken place, perjury has taken place, or if the document is valid. The problem is, who is doing anything other than challenging the documents and then trying to get information by depositions. In these depositions I have not seen yet a lawyer make them provide a copy of their driver’s license which will have their real signature on it. Then copy it right then, or demand a copy be provided at the deposition. We cannot win when a lot of our own work is sloppy. So, let’s go after the real signatures. Let’s post them all over the internet. Post copies of their notary applications on the internet. Post copies of their driver’s license on the internet. Just do not post their SSN on the internet. But since many states use SSN for drivers license ID number, this will be seen anyway. We need to hit these people in the pocketbook. We need to go after them in civil suits. We need to hit them and take them out of their rat holes in these offices of MERS where every that cubby is.
Fraudulent assisignments everywhere!! I just found 9 assignments all filed in broward at the same time and same date. They are all identical and have bryan bly as attorney in fact for ameriquest and citibank for a deutche trust thats suspended or terminated! Then i found 4 identicle ones w/linda green signing as attorney in fact and bryan bly notorizing w/only a scribble for a signature. Again, all the same day and time….whats going on? Why isn’t anyone standing up! This is fraud and must be stopped! Do an audit people-they have no standing and here are just another 13 examples of fraud against our courts! How can they allow this? It has to stop! If anyone has these assignments -let me know…thank u. Debi, boynton bch florida. 561-389-9339
Now I see why the US gave GMAC $17.2 billion of borrowed money rather than using for something worthless like, say, schools or roads.
All those people — the entire TARP oversight commission — who said there was no reason to throw any money at GMAC were wrong: look at all the job (titles) that would have been lost.
This is criminal and racketeering. But what is worse, are the notaries sealing these documents. This is also criminal and racketeering. What gets me is hardly no one is filing complaints with the notary commissions against these notaries. I filed a complaint against Leticia N. Arias who works for Ocwen in West Palm Beach, Florida. I asked about other complaints. I was informed there were only three previous complaints against her when she is estimated to have notarized over 45,000 of these fraudulent assignments. There should have been 45,000 complaints. This would swamp the commission office and demand someone stop all this criminal behavior. We are losing this battle because we should be filing complaints in ever place we can. If any of these people have any professional licenses that require good conduct, file a complaint of fraud. This man gets by with all this because few are filing complaints where it counts. Go after every license they have including mortgage licenses, real estate licenses, and so forth. We can shut down these mills if we go after these perjured witnesses and notaries. Then these idiots like this dude would have no one to falsify that he signed these in their presence. Many of these notaries do not sign their signatures. There are multiple stamps handed out around the nation and scribbles are placed as their signature. In Florida go pay $6.50 and get their notary application file and check their signatures with those on these assignments. You will see what I mean. I am mad and I am fighting back.
Does this guy also assign mortgages for DeutcheBank? What is the relationship between Deutche Bank and GMAC mortgage? Thank you….