Since we are on the subject of BOA today, here is another little gem…
Sandusky woman sues bank over “robo-” foreclosure
A Sandusky woman filed a lawsuit Wednesday claiming the foreclosure of her North Larchmont Drive home was spurred on by “robo-signing,” where bank employees signed affidavits without bothering to review documents.
Rhonda D. McLaughlin filed her lawsuit against Bank of America, N.A., and Rhonda Weston, a vice president of Bank of America. Fannie Mae and Ohio Attorney General Richard Cordray also are named as defendants in the suit.
Sandusky attorney Dan McGookey, a foreclosure specialist, is McLaughlin’s attorney.
It may be the first lawsuit filed in the U.S. by a private citizen seeking to undo an already completed foreclosure on grounds that a robo-signer was used, McGookey said.
McLaughlin lived at 1608 North Larchmont Drive in Sandusky when Bank of America foreclosed on the home in 2007.
McLaughlin, still a Sandusky resident, lost the home when Erie County Common Pleas Court Judge Roger Binette granted a motion for summary judgment in 2008.
The summary judgment was based on an affidavit from Weston, who said McLaughlin was in default on her mortgage.
Binette has been assigned McLaughlin’s new lawsuit.
The lawsuit alleges Weston was a “robo-signer” who didn’t actually review documents she referred to in her affidavit.
The suit cites news stories that say robo-signers signed thousands of affidavits each month without reviewing the mortgage documents, while banks tried to rush through as many foreclosures as possible.
The lawsuit refers to an Associated Press citing court depositions from a Florida attorney, who said employees at Bank of America and other banks commonly approved phony paperwork.
“Until now, only a handful of depositions from robo-signers have come to light,” said the Oct. 12 news story. “But the sheer volume of the new depositions will make it more difficult for financial institutions to argue that robo-signing was an aberrant practice in a handful of rogue back offices.”
McLaughlin’s lawsuit asks for Fannie Mae, now the owner of the North Larchmont Drive home, to give the home back to McLaughlin. It seeks $50,000 in damages and other costs and fees.
You can check out the rest of the report here…
And you can check out the complaint below…
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4closureFraud.org
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Rhonda D. McLaughlin vs Bank of America
I have an “Assignment” of the Security Deed only by MERS to BOA signed and dated May of 2008 and a letter from BOA in May of 2009 which states BOA was “seeking ownership but did not yet possess” an interest in the property and instructions to “get out of the house….”
MERS recorded this “Assignment” of the Security Deed ONLY in Sept 2010 and BOA then performed a non judicial sale of the property in October 2010 based on MERS assignment—–not an assignment by the original lender American Home Mortgage.
The President of BOA cannot produce the original note or an assignment of the note by the original lender and foreclosed and took possession of the property without EVER recording anything on the land records here
Can you say: “Fraud?” The documents themselves do not “sync” and in GA MERS cannot be a trustee, mortgagee, or act independently of written instructions and said docs recorded…..
I am pretty close to filing against BOA and MERS—-American Home Mortgage is defunct—so I don’t know who really owns my property, p note or security deed….
The courts have to rule on these things.
Pissed Off European ‘Lynch Mob’ Is Coming After Bank Of America
http://stevenjohnhibbs.wordpress.com/2010/10/25/pissed-off-european-lynch-mob-is-coming-after-bank-of-america/
you just made me laugh… I have to read that
WESTON could not have been a VP in 2007.
I have a document that list ALL BAC “ROBO” SIGNORS on a interoffice memo ( or what looks to be ) whereby
RHONDA WESTON WAS NOT certified VP by the CORPORATION until 8/7/2009.
This document could be a get-out-of-jail free card for some people who falsified AFFIDAVITS!
My comments are redacted, this case has that document for BofA ROBO’S. Observation…….how could WESTON have claimed VP before the designation was affirmed by corporate in 2008 over a year before? Why did attorney not provide a “CHAIN OF TITLE ” ?
I think this one is in the Barn for Plaintiff! Good Luck!
do you or anyone else have a copy of the paper that she was not certified as a vp. i would love a copy! thanks!!
Good posts!!!
This is Foreclosure Terrorism. It seems obvious that the judges are lining their pockets and looking the other way. How do you define treason? Well one way would be to say that anyone, any company, any court, any entity that willfully supports Fraud on a scale as massive as this which actually puts children in the streets is directly involved with these crimes against American Home Owners. I call that treason. Where is the FBI in all of this? They just now started making arrests in a handful of cases. But this has been going on for years. What happened to law in this country? It was bought and paid for by the Wall Street Banksters. Spineless politicians are also lining their pockets to look the other way. It is no coincidence that they can’t seem to find a law to stop any of this. It is not possible that they are that incompetent. There are obviously billions in bribes going to the useless bastards who get a nice house on the hill while putting children in the streets. Stop voting Republican or Democrat. They have demonstrated that they are equally involved. It’s time to clean house. We need Joe American in the White House. A child could run a better country and still have time to play in the sandbox after lunch. J Glenn Lowe – Die Banker Die – http://www.youtube.com/watch?v=YGFZ1Jj3ui8
Agreed Glenn!!
This is most certainly treason, and should come under the heading of “Crimes Against Humanity”. Neither republican nor democrat is innocent in this mess.
This is very interesting. I’m guessing that she won’t be the last person to try this. And why shouldn’t she? If a bank did not have the proper paper work? If they forged documents? If these “Vice-Presidents” that are attesting to the authenticity of these documents are just poor, temp-employees that are signing because it’s either that or go broke and starve? If all of this “stuff” (that’s the polite word) the banks are using as proof, is all fales, then why should we or the banks just assume that they have the legal right to take anyone’s private property. I get so ANGRY! when I hear paid shills for the banks get on the radio or TV saying that we should just assume that the banks have a right even if they have been caught forging documents and lying to courts of law.