You’re gonna have to read it through.
I do not have time to pull out the juicy parts…
It’s a good one.
Enjoy!
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4closureFraud.org
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Full Deposition of Kelly Scott of the Law Office of David J Stern
Another 4closureFraud Bombshell – Full Deposition of Kelly Scott of the Law Office of David J Stern
[…] Another 4closureFraud Bombshell – Full Deposition of Kelly Scott of the Law Office of David J Ste… […]
Linkedin Mary Cochrane http://www.linkedin.com/in/saveamericaonemortgageatatime
US Attorney General (Federal)
Statet Attorney General
Legislature vested enforcment of laws (Article II) Executive Branch which are the Attorney Generals who are responsible for unlawful business acts except when involved with commerce and banking.
Legislature vested under US Code Supervisory powers to Federal Administrative Agencies and gave them Superviosry Powers but not authority to adjudicate unlawful business acts. In the event citizens report problems to the Federal Administrative Agencies like OCC for Wells Fargo & Co they don’t investigate any complaints that are outside their supervisory powers.
The Legislature overstepping limited powers prevents enforcement of laws in constant tension with Executive Branch per the Constitution in all matters related to commerce and banking which loop to welfare of the nation.
Who will bring a first impression case before the Judiciary under Article II for the Legislature has prevented citizens proection. Citizens have no rights to property only entitiements when harmed by unlawful business acts. The legislature for the past decade make deals preventing enforcement of laws and allow conglomerates to own banks in the best interests of the nation.
The Legislature is wrong and the Congress in 2004, 2005, 2006, 2007, 2008, 2009, and now 2010 making huge mistakes we will never recover from for they have done nothing about the loopholes. I can’t possibly be the only person in America who investigated loan origination documents typically hidden and created in secret by Wells Fargo & Co whose loan originations are done since June 2004 by title and settlement agents, thru their affiliates and subsidiaries who include Title Resources Group in NJ in secret WFC closes (3) days prior to actual consumer mortgage. Wells to Wells refinances thru Cendatn Mortgage Signatory (subsidiary) TRG – Parent Wells Fargo & Co thru Federal Reserve System a Domestic Entity Other.
Wells Fargo closed Loan Originations in secret and date contract presented to consumer to review documents for first time (3) days prior the title and settlement agent and attorney closed the loan origiantion with the investors. See flow chart on top page – Transactions Cendant Mortgage signatury – Trust Bear Stearns Alt A TRUST 7/30/2006. My secret loan origination documents reveal Investor Lehman Brothers – thru 18 digit MIN # which reveals title # and SEC EDGAR reveals Cendant Mortgage Corporation – Bear Stearns provided no-cost loan and net-funding deposit prior to consumer taking mortgage.
Linda Venturella asks a really good question: “why [is] there are not thousands of federal indictments being dropped on these banks/mortgage servicers? ” Well, Linda I’m sorry to say that the answer it that the big rich banks have state and federal politicians in thier pocket. As soon at the Nov 2nd election is over with, we can look forward to the Congress stealthfully passing through a bill that legally smooths things over for the big banks. Then we’ll see some low level junior paralegals get sacrificed on the alter of “justice” just to apease the bloodlust of the mob. Of course, this will be one more blow to the Rule Of Law. Maybe not a killing stroke or even a cripiling one, but still one it will not recover from.
It is truly amazing how, lawyers, would sell out and break the code of ethics. and the law they sworn to uphold and serve. But as you all know they are above the law. Just like Mr Mozzilo these felons will walk, after they pay their ticket.
This is in florida that you actually go to court. Imagine what is going on on those states where they just send you two letters and you are foreclosed. Can you imagine the corruption, the fraud, the crimes being perpetrated by these unethical, servicers-debt collectors and their felonious lawyers.
Today I called the Virgina Attorney Generals Office and they told me they do not represent the citizen of Virginia, they represent the state. I called the Virginia consumers agency, with is run by the “Virginia Department of agriculture” and they told me they cannot do any enforcement, that they get hundreds of call every day but they tell every one to hire a lawyer. They state has no enforcement against financial institutions.
so if you want to cheat, forge, conceal and steal set up a loan servicing outfit, a foreclosure mill and you will get rich of the backs of Virginians.
way to go Virginia, and DC is no better.
As long as the politicians and enforcement officials believe that if the go after the big banks they will be hurting the economy nothing will happen. They should have learned that the banks do not create wealth they consume it.
banks do not create growth, whatever money they were lending was not theirs.
Now that BOA is back to business as usual it would be great if those 150,000 potential foreclosure victims would get legal help and file lawsuits. They claim they robo checked every file, after I read this deposition I am sure how they did it. Also, how will the accounting be accurate if all these mortgages are still being paid to the investors based on the Pooling and Servicing Agreements, so the investors are not foreclosing the servicers are.
Some people I know are working to set up a foreclosure defense fund to expand it nation wide to provide financial help to as many people as possible to pay competent attorneys.
They are working on the funds, the non profit and its launching in the next few months. We are thinking of paying for the Mortgage Analysis and to pay toward legal fees for the borrowers. Several lawyers are working on this. we want for all to get their day in court. we are going to concentrate in attacking the Servicers, pretender lenders,trustees, foreclosure mills, service companies, document companies, and any entity, private or public that tries to protect or become complicit with the banksters.
Some of the funds will be used to lobby for the benefit of home owners and victims of predatory servicing and foreclosure fraud.
Will keep you posted. cannot release details yet. as you all know the enemy is also reading our blogs. We are coming for you all who have ruined America and ruined the lives of millions of Americans. Your behavior and criminal activities have derailed the rule of law in our country and made us the laughing stock world wide. the law you stomped on and laughed at will be the same that will put you in jail.
We go and fight over seas against terrorism but we are defenseless at home against those who under the name money lie, cheat and steal the wealth of America.
Linkedin Mary Cochrane http://www.linkedin.com/in/saveamericaonemortgageatatime
Your heart is in the right place as mine was. Attorney’s in the business world outside of goverment did not take an oath to protect the welfare of the nation, the president and their governor and state.
The Attorney Generals of the State and the US Attorney Generals do uphold the oaths and do a fantastic job as allowed by the Legislature. Many times what the public perceives to be the Attorney General’s letting ‘bad people’ do ‘bad things’ to the citizens is a result of the Constituion – all matters realted to ‘commerce’ have a work flow that is not direct to Attorney General for decision making rather all matters are placed in aq chain of command thru the Executive Branch and Justice Department and the tensions of the Federal Administrative Agencies – Office of the Comptroller of the curre ncy for example, or the IRS or the Federal Reserve or US Treasury and so on. In banking matters supervisory paowers vested by the Legislature when they under
Article I create the laws US Code they prevent and block the Executive Branch from investigating and securing documents related to consumer investigations forcing all matters thru OCC and OTS keep facts outside state and hide facts deemed in the best interest of the welfare of the nation. The Attorney Geneals don’t hide the facts the Legilstaure hides the facts. As a citizen the fact of the matter is you have no rights – none for matters (all) that involve unlawful business acts of a criminal nature. Only the Attorney General can bring forth in state and or federal criminal cort as Plaintfiff if and only if allowed to do so. The chain of command for the past decade controlled by the Legislature remain who has allowed the nation to be harmed by the regulations the Legislature and Congress created Y2K, 2000, 2001, 2002, 2003 by 2004 when the real estate transactions were dropping, the Legislature did not look at how the transactions from loan originations were occurring rather they embraced the transactions and approved more regulations that allowed the loan originations to be created in secret in any manner to keep the economy flowying – did they not realize for every consumer mortgage the investors took money out of the United States thru the Cayman Islands? I’ve learned all of this investigating one consumer loan origination 80/20 Wells Fargo Financial and Wells Fargo Home Mortgage refiance of one property in New Jersey. Imagine what facts are there if investigators are allowed to look at the loan origination documents themselves. Everyone speaks of the and keeps in the public eye the foreclosure documents. No the actual subject of the matter are the origination loan originations documents processed in secret by the settlement agents thru the loopholes that Congress created and does nothing about. They can or could have said they did not know. But I’ve been reporting facts of loan origination fraud to the OCC regarding matters and entities related to Wells Fargo and found out the OCC has not authority to adjudicate the matters. This means they don’t look at what is not on the list. The list is to look at does the Wells Fargo Bank, National Association follow the banking rules for the transactions the OCC looks at and do they do good in the community. That’s it. Unlawful matters are not investigated. The OCC also does nothing about the fact every complaitn regarding Wells Fargo Home Mortgage – is not a bank, is not part of a bank, is owned by the conglomerate who does business under the trade name ‘Wells Fargo’ which is not the logo tradename of Wells Fargo & Co. No the owners control the assets-securities laundering the money of the American Corporation a subsidairy of the Hongkong Shanghai Bank Corporation Group Ultimate Parent in China thur the Cayman Islands thru the UK. Why? Because they can and there is nothing you or I can do about it other than get the truth out there and educate the public – the citizens – all harmed by the Legislature bad legislation and Congress’s since 2000 who have not protected the Welfare of this great nation and did not protect the citizens.
Interesting. Obviously they had someone had debriefed the witness before the depo.
I do not think it was well conducted. Too many leading questions of someone not a party or employee of party.
I think the witness Kelly Scott should have retained personal counsel, and maybe an immunity deal, before the depo.
it seems AG was more intrested in improper fee splitting with employees, and possible IRS undisclosed personal compensation, than with the fact that each falsely sworn affidavit was a discreet and individual felony, and the development of a RICO enterprise. I would have skipped the compensation issues and focused more on who, how, and when for the documents.
For example:
Q: Did Elizabeth Lee sign for anyone else?
A: For Cheryl
Q: She signed for Cheryl as well?
A: Yes
OK – That’s a big one ! So follow it up !
Why did they not as: How do you know this? Did you witness it personally? Is there some way you know (other than hearsay) that Elizabeth Lee signed for Cheryl? How did the witness come to know this fact? What was directly observed? When? How often? What, if anything did the witness do about it? Who else directly witnessed these acts?
Did either Sheryl or Elizabeth directly say to the witness anything about this issue? (Direct statements of potential defendants) What internal documents or procedures would evidence this? Were there any printed procedures or emails about this? If so in what time frame? (Lining up RTP or a SDT).
What were the names of the departments involved? Were emails kept in the files? What other procedure or control documents were kept in each file?
Were staff in other departments also executing their own documents? Were staff signing pleadings and motions over the signature of the attorney?
Q. But you never signed legal documents?
A. Never.
I don’t believe the witness.
Unfortunately, after the witness said that under oath, and not corrected the statement during the depo, the witness can’t easily go back and correct that without damaging their own credibility. It would have been better not to ask that.
Better to have asked about other people – then advised witness to get counsel – then struck a deal with counsel for immunity – at which point witness would have probably admitted being INSTRUCTED to sign pleadings, motions and affidavits.
If witness had own counsel, counsel would probably have the witness taken the 5th or worked a deal on witness personal actions.
Q. Tell me what everyone knew about? – Um – fishing for hearsay? Better to have asked who said this or if witness directly saw documents evidencing the fact. Most of this depo will never be admissible.
Not sure why the depo was released prior to obtaining search warrants. Can you hear the paper shredders at the law office working right now? I am sure all the prior email is being flushed and wiped.
Someone in the AG’s office needs to get probable cause for a warrant before a judge and get their hands on the files, emails and internal procedure documents. Yes they would probably a big fight over privilege, but criminal activity by the attorney on behalf of client generally voids privilege to the extent that the court needs to be able to see and prosecute criminal activity.
This seems like a warning shot, or in aid of twisting an arm for a civil fine and disbarment, not a serious criminal investigation with 1000 x consecutive 5 year terms for all knowing RICO participants. You knowingly do felony crime many times a day, day after day, month after month, involving millions and millions of dollars = LIFE. For the lot of them. Why? To restore confidence in our judicial system.
In the end, given the choice between the nation having confidence in the various trusts managed by banks – or the judicial system – justice must come first.
Otherwise we no longer have a nation of laws, but of corporations.
The AG and the courts MUST make a stand, MUST prosecute to the full extent of the law. Must convict and put the perps away for life, if only to give the attorneys in the legal comunity a wake up call.
It is NOT OK for attorneys to participate in felony fraud under color of law. They have both knowlage of the law and a duty not to instigate, participate. They also have a duty to report any non-privileged knowlage of crimes.
I find it interesting that Ms Scott stated that she still had friends at Sterns office and they were worried. I wonder how many of those foreclosure paralegals and docket returns clerks will be fired It would not be hard for Sterns office to find out who is talking. Also I have to wonder what are these employees thinking. They know what they are doing is illegal and yet they still work there and worry. What the hell?
Despite all these claims of fraud, deception and lies Bank of America says the show must go on….
http://online.wsj.com/article/SB10001424052702303496104575560432631814848.html?ru=MKTW&mod=MKTW#articleTabs%3Darticle
God Bless America!
This is called a game changer.
The saddest part was reading about the Stern employees knowing which Florida County Judges were running, as she called them, “rapid dockets.”
Very sad indeed.
New York Times Article “White House Urges Calm on Lenders”
As the foreclosure abuses have come to light, the Obama administration has resisted calls for a more forceful response, worried that added pressure might spook the banks and hobble the broader economy. But members of the administration who weighed in on the subject on Sunday signaled that there were no plans to alter their tone or tactics.
In an interview on C-Span, the chairwoman of the Federal Deposit Insurance Corporation, Sheila C. Bair, suggested the fallout from this issue might not be as severe as many now predict.
“If it turns out this is just a process issue, then I don’t anticipate the exposures to be significant,” she said on “Newsmakers.”
“If it turns out to be something more fundamental, then we’ll have to deal with that,” she said. “But I think we need to get all the information before we jump to any conclusions.”
Bloomberg.com article “Foreclosure Fiasco’s Trail Leads to Washington: Jonathan Weil”
Among the sworn statements IndyMac filed with the court was a December 2008 affidavit by an IndyMac vice president, Erica Johnson-Seck, who said she had personal knowledge of the amount of money the Machados owed on the mortgage. That wasn’t true, she later testified in a deposition. To be fair, there’s every reason to believe the old IndyMac was engaged in this sort of conduct already, before it was shut down.
‘False Affidavit’
“There’s a lie in the affidavit,” the judge in the case, Meenu Sasser, said at a September 2009 court hearing, where she dismissed IndyMac’s complaint. “It’s a false affidavit.”
FROM THIS IT IS ABUNDANTLY CLEAR THAT THE FEDERAL GOVERNMENT IF BEHIND THE FORECLOSURE FRAUD AND GOES A LONG WAY TO EXPLAINING WHY IT HAS BEEN SILENT ON THE PROSECUTION OF THE RACKET.
JUST A MONTH BACK THE CHAIRMAN OF THE JOINT CHIEFS OF STAFF AIR FORCE GENERAL MEYERS?, DECLARED NATIONAL DEBT A THREAT TO NATIONAL SECURITY PUBLICLY. IT HAS BEEN A MATTER OF NATIONAL SECURITY PRIVATELY FOR A WHOLE LOT LONGER. PROSECUTION OF THIS RACKET WILL COLLAPSE THE BALANCE BOOKS OF ALL WALL STREET BANKS FIRST BY STOPPING THE FORECLOSURE AND THEN ON THE BACK END BY STOPPING PAYMENT TO INVESTORS AND THE SUBSEQUENT BUY BACK OF ALL CDOs, NOT TO MENTION THE MARKETS, AND THE GLOBAL ECONOMY, ALL FOUNDED ON FRAUDULENT CDOs. IT IS NOW A MATTER OF NATIONAL SURVIVAL THAT THE RACKET CONTINUE.
I DO NOT SAY THE FOLLOWING LIGHTLY: THE RULE OF LAW IS NOW AN OFFICIAL THREAT TO NATIONAL SECURITY.
TIME IS RUNNING SHORT FOR THIS HUMAN CIVILIZATION. THE TOWER OF BABEL IS GETTING WOBBLY. A LIE, LIKE ANY STRUCTURE IS ONLY GOING TO SURVIVE AS LONG AS ITS BASE LASTS, AND A BASE FOUNDATION OF FRAUD LIES AND DECEIT WILL INEVITABLY GIVE WAY AND A COLLAPSE WILL OCCUR. THIS IS NOT THE FIRST, NOR WILL THIS BE THE LAST COLLAPSE OF HUMAN KIND, IT WILL ONLY BE THE MOST RECENT. ANYTHING LIVING OUT OF CONGRUENCE, OUT OF HARMONY WITH THE LAWS OF NATURE, EVEN IF IN COMPLIANCE WITH THE RULES MAN MAKES, IS DOOMED.
Can somebody tell me why there are not thousands of federal indictments being dropped on these banks/mortgage servicers.? If these foreclosure mills are this despicable, this only can lead to the judges,banks/mortgage servicing industry even being more despicabe. This is a complete miscarriage of justice and beyond disgraceful. There is a complete breakdown of our legal system, everyone is lying and trying to cover up for everyone. This is a national disgrace of epic proportions.
Contact at Freddia Mac alerting them when they were coming to the office for a visit, changing client codes and then changing them back after Freddia left, this is so much more than what we have been led to believe. Looks like Freddie and Fannie are up to their necks in this s#$t right along with the attorneys and the bankers. WOW. This is DEEP.
I agree! I had no idea that any of this was going on. I remember when fannie and freddie would come to the office, the emails that would get sent out about personal appearance and our work areas – no files on the floor, etc… I NEVER in a million years would have guessed that they were hiding files, changing client codes, etc… I hate to admit that I ever worked for such a company as this. Smh.