Matt and Mark, I’m right there with ya guys. Just keep up doing the great work you’re doing and from one foreclosure fighter to another…. many, many, many thanks. John R
I have the original NOTE endorsed in Blank,” Pay To The Order of __________.”with out recourse, signed by the Senior VP of RBMG.
I have a sworn affidavit that states a written assignment of the note was never prepared and the SELLER into the securities stated that they WARRANT AND REPRESENT IT HAS NEVER BEEN SOLD TO ANY OTHER ENTITY.EMC(seller) was to sell the note to Bear Stearns which was the depositor into the Bear Stearns Asset Backed Securities,inc. Asset Backed certificate series 2003-2.
Bear Stearns was to sell/ assign the Note to JP MORGAN CHASE as trustee of the Trust.
There has been a foreclosure started on the mortgage on March, 3 2009 by The Bank OF New York Mellon as successor trustee for JP MORGAN CHASE who claims to be the owner and holder of the note, by way Of an assignment which was recorded at the ROD on March 19, 2009, 16 days after the LIS-PENDENS , and the summons and complaint .
I have a letter dated July 13 2002 from Mers that states the loan has been removed from the MERS system and the MIN# deactivated.
Mers had no authority to do an assignment and the assignment was done by a known “robo-signor” and in the Corporate name of RBMG that not only deactivated the MIN # but also removed the loan from MERS.
RBMG was also defunct and has been since 2005 when it was aquired by NETBANK and subsequently shut down by the FDIC in 2007.
The BANK OF NEW YORK MELLON produced in discovery two allonges the first was from RBMG to EMC and the second was an allonge directly to JP MORGAN CHASE from EMC.
First thing is the PSA ( pooling and service agreement) the governing document of the securities describes in detail the percise chain of title it also describes who is the seller ,the depositor ,the master servicer and the trust. Even though the sworn affidavit produced by the successor trustee stated no written assignment was ever prepared, so the allonges was a direct attempt to decieve the investors and knowingly a misrepresentation which is fraud.
BEAR STEARNS was the depositor into the securities.
First let start with the allonges both are undated and one is not even signed: according to the UCC an allonge is only used when there is NO ROOM ON THE ORIGINAL NOTE FOR ENDORSEMENT and must be firmly attached as to become a part of the note. AN ALLONGE cannot be used to transfer interest and is invalid if there is room on the note for endorsements and is invalid it not attached. A lost note was produced from EMC but not anywhere in the document is there a conveyance, it is not a valid assignment.
Here is an excerpt from the PSA;BEAR STEARNS ASSET BACKED SECURITIES, INC., Depositor EMC MORTGAGE CORPORATION, Seller and Servicer WELLS FARGO BANK MINNESOTA, NATIONAL ASSOCIATION, Master Servicer and Securities Administrator and JPMORGAN CHASE BANK Trustee
POOLING AND SERVICING AGREEMENT Dated as of June 1, 2003
BEAR STEARNS ASSET BACKED SECURITIES TRUST 2003-2 ASSET-BACKED CERTIFICATES, SERIES 2003-2
(DD) The assignment of Mortgage with respect to a Mortgage Loan is in recordable form and is acceptable for recording under the laws of the jurisdiction in which the Mortgaged Property is located.
Proper perfected chain of title:
Originator to seller:RBMG to EMC
seller to depositor: EMC to Bear STEARNS
depositor to the trust:Bear Stearns to JP Morgan
trust to successor trustee: Jp Morgan to The Bank of New York Mellon
I and my friend went back to a previous post on this blog about two “wet ink” notes in florida.
After reading mr cheney’s post about florida law allowing for a foreclosure atty for the bank to post a lost note as part of its assertions, we began to look closer at the second note or promissory note. here again, the note is NOT the DEED of TRUST that secures the Promissory Note. Both of these notes are PROMISSORY NOTES and in this case because of a more recent post about mortgages never windind up being securitized there seems to be more to this case than the notations would show.
IT is obvious that the two notes are different. so then the question which is the real one. the second filing in 2009 seems to be the alleged “real” wet ink note but all the signatures are NOT signatures. they are just initials. that is what occurs on the first note as well.
The point here is that it appears to me and my friend that both “promissory notes” are forgeries. That includes the identity affidavit. Here agains are intials. Documents on morrgages require signatures not INITAILS>
So the theory is that in this case, Choice mtg sold the mtg to Chase and they got their money and the paperwork was never turned in by them or it never existed in the first place. So someone and that is the fifty dollar question did the two forgeries and on whose direction. Since this transaction included wires across state lines that means that federal juridiction on this case is relevant.
So in summary, this documentation appears on its surface to be a total fabrication since there wer e no documents to foreclose with by florida law group. that is a major violation of federal law and state law in any state.
Just a thought on this . it would be really nice to go back on this case and submit all the documents to a forensic document specialist and get two opinions on these documents. I have gotten reports from the Oregon Attorney General’s office on forgery being committed by national banks and/or its agents. these cases are then reported to the OCC in Washington , Bill Walsh , acting director just like my complaints have been forwarded to him and there it ends.
this smells like a massive coverup by the powers to be . guess who they are.
Jack WRight of http://www.msfraud.org told me of these alleged forgeries two years ago and I was shocked. now the attorney general of oregon is telling me the same thing . both of these allegations are against national banks and complaints are filed with the occ and then allegedly covered up . no one gets prosecuted . no investigations.
this is really bad bad bad for we homeowners and for our economy.
you cant run a financial system for a country like the usa on a stack of cards called Jack of Fraud , King of Fraud and Queen of Fraud. Like a gigantic boat anchor on a canoe, it, the fraud may take the entire national banking system down the drain.
As stated in an earlier post, we discovered in mortgage documents that some of this fraud in mortgage lending and or predatory / reverse redlining liar loan can amount to over
$ 400 billion dollars in additonal interest to homeowners that was never revealed or showin in TILA documents as required by federal law . referring to the lian loans.
when we can quantify the fraud dollar amounts in additon to the foreclosure fraud then we will have a better case. to prosecute.
Matt and Mark, I’m right there with ya guys. Just keep up doing the great work you’re doing and from one foreclosure fighter to another…. many, many, many thanks. John R
I have the original NOTE endorsed in Blank,” Pay To The Order of __________.”with out recourse, signed by the Senior VP of RBMG.
I have a sworn affidavit that states a written assignment of the note was never prepared and the SELLER into the securities stated that they WARRANT AND REPRESENT IT HAS NEVER BEEN SOLD TO ANY OTHER ENTITY.EMC(seller) was to sell the note to Bear Stearns which was the depositor into the Bear Stearns Asset Backed Securities,inc. Asset Backed certificate series 2003-2.
Bear Stearns was to sell/ assign the Note to JP MORGAN CHASE as trustee of the Trust.
There has been a foreclosure started on the mortgage on March, 3 2009 by The Bank OF New York Mellon as successor trustee for JP MORGAN CHASE who claims to be the owner and holder of the note, by way Of an assignment which was recorded at the ROD on March 19, 2009, 16 days after the LIS-PENDENS , and the summons and complaint .
I have a letter dated July 13 2002 from Mers that states the loan has been removed from the MERS system and the MIN# deactivated.
Mers had no authority to do an assignment and the assignment was done by a known “robo-signor” and in the Corporate name of RBMG that not only deactivated the MIN # but also removed the loan from MERS.
RBMG was also defunct and has been since 2005 when it was aquired by NETBANK and subsequently shut down by the FDIC in 2007.
The BANK OF NEW YORK MELLON produced in discovery two allonges the first was from RBMG to EMC and the second was an allonge directly to JP MORGAN CHASE from EMC.
First thing is the PSA ( pooling and service agreement) the governing document of the securities describes in detail the percise chain of title it also describes who is the seller ,the depositor ,the master servicer and the trust. Even though the sworn affidavit produced by the successor trustee stated no written assignment was ever prepared, so the allonges was a direct attempt to decieve the investors and knowingly a misrepresentation which is fraud.
BEAR STEARNS was the depositor into the securities.
First let start with the allonges both are undated and one is not even signed: according to the UCC an allonge is only used when there is NO ROOM ON THE ORIGINAL NOTE FOR ENDORSEMENT and must be firmly attached as to become a part of the note. AN ALLONGE cannot be used to transfer interest and is invalid if there is room on the note for endorsements and is invalid it not attached. A lost note was produced from EMC but not anywhere in the document is there a conveyance, it is not a valid assignment.
Here is an excerpt from the PSA;BEAR STEARNS ASSET BACKED SECURITIES, INC., Depositor EMC MORTGAGE CORPORATION, Seller and Servicer WELLS FARGO BANK MINNESOTA, NATIONAL ASSOCIATION, Master Servicer and Securities Administrator and JPMORGAN CHASE BANK Trustee
POOLING AND SERVICING AGREEMENT Dated as of June 1, 2003
BEAR STEARNS ASSET BACKED SECURITIES TRUST 2003-2 ASSET-BACKED CERTIFICATES, SERIES 2003-2
(DD) The assignment of Mortgage with respect to a Mortgage Loan is in recordable form and is acceptable for recording under the laws of the jurisdiction in which the Mortgaged Property is located.
Proper perfected chain of title:
Originator to seller:RBMG to EMC
seller to depositor: EMC to Bear STEARNS
depositor to the trust:Bear Stearns to JP Morgan
trust to successor trustee: Jp Morgan to The Bank of New York Mellon
hello
I and my friend went back to a previous post on this blog about two “wet ink” notes in florida.
After reading mr cheney’s post about florida law allowing for a foreclosure atty for the bank to post a lost note as part of its assertions, we began to look closer at the second note or promissory note. here again, the note is NOT the DEED of TRUST that secures the Promissory Note. Both of these notes are PROMISSORY NOTES and in this case because of a more recent post about mortgages never windind up being securitized there seems to be more to this case than the notations would show.
IT is obvious that the two notes are different. so then the question which is the real one. the second filing in 2009 seems to be the alleged “real” wet ink note but all the signatures are NOT signatures. they are just initials. that is what occurs on the first note as well.
The point here is that it appears to me and my friend that both “promissory notes” are forgeries. That includes the identity affidavit. Here agains are intials. Documents on morrgages require signatures not INITAILS>
So the theory is that in this case, Choice mtg sold the mtg to Chase and they got their money and the paperwork was never turned in by them or it never existed in the first place. So someone and that is the fifty dollar question did the two forgeries and on whose direction. Since this transaction included wires across state lines that means that federal juridiction on this case is relevant.
So in summary, this documentation appears on its surface to be a total fabrication since there wer e no documents to foreclose with by florida law group. that is a major violation of federal law and state law in any state.
Just a thought on this . it would be really nice to go back on this case and submit all the documents to a forensic document specialist and get two opinions on these documents. I have gotten reports from the Oregon Attorney General’s office on forgery being committed by national banks and/or its agents. these cases are then reported to the OCC in Washington , Bill Walsh , acting director just like my complaints have been forwarded to him and there it ends.
this smells like a massive coverup by the powers to be . guess who they are.
Jack WRight of http://www.msfraud.org told me of these alleged forgeries two years ago and I was shocked. now the attorney general of oregon is telling me the same thing . both of these allegations are against national banks and complaints are filed with the occ and then allegedly covered up . no one gets prosecuted . no investigations.
this is really bad bad bad for we homeowners and for our economy.
you cant run a financial system for a country like the usa on a stack of cards called Jack of Fraud , King of Fraud and Queen of Fraud. Like a gigantic boat anchor on a canoe, it, the fraud may take the entire national banking system down the drain.
As stated in an earlier post, we discovered in mortgage documents that some of this fraud in mortgage lending and or predatory / reverse redlining liar loan can amount to over
$ 400 billion dollars in additonal interest to homeowners that was never revealed or showin in TILA documents as required by federal law . referring to the lian loans.
when we can quantify the fraud dollar amounts in additon to the foreclosure fraud then we will have a better case. to prosecute.