Comments on: 4closureFraud – A Full In Depth Report on Fraudulent Mortgage Assignments by Todd Ruger of the Herald Tribune

By: Officer of the Law

Officer of the Law — Tue, 30 Nov 2010 04:23:13 +0000

Great work by one of the best newspapers in the state!

Since a front page article has pointed out that crimes have been committed by the banks, will Earl Moreland prosecute anyone or will he pretend to investigate and just ask for more cash?

By: Stupendous Man - Defender of Liberty - Foe of Tyranny

Stupendous Man - Defender of Liberty - Foe of Tyranny — Mon, 29 Nov 2010 16:47:58 +0000

In reply to indio007.

Many of the Ohio Federal Court decisions of Boyko, et. al., in 2007 were made sua sponte in cases where the defendant homeowner had made no appearance at all. A number of the decisions of New York Judge Arthur Schack have also been sua sponte.

Clearly courts/judges do have the authority to act though there appears to be no mandate to do so. It appears, however, that this authority may be limited.

http://en.wikipedia.org/wiki/Sua_sponte

http://dictionary.law.com/Default.aspx?selected=2032

If you have read many complaints in foreclosure cases you’ll be familiar with some of the most common defects and will recognize there are many instances in which more courts could be ruling in this manner.

By: RAMONA

RAMONA — Mon, 29 Nov 2010 03:34:39 +0000

In reply to Concerned. GREAT IDEA!!!

By: Concerned

Concerned — Mon, 29 Nov 2010 01:00:40 +0000

I sure wish that you would add Goldman-Sachs’ Litton Servicing to your list of firms you check out.

CountryWide/BofA and BoNY-Mellon have a deal with Litton to pursue some of the foreclosures. Servicing is transferred after the default. They may do it after a mod is actually issued – a permanent mod at that.

Now after the servicing moves, Litton personnel use MERS to do the generation of documents. Par for the course, CountryWide did not do the assignments needed to transfer the loan into the pool that BoNY-Mellon is the trustee for.

Nope, Litton personnel end up geneating the assignment that tries to put the mortgage into the long-closed pool. Of course they use MERS. The signatures do not match between different documents that show up on the internet.

It is very interesting to take a look at the involvement of Litton. They are APPARENTLY working for BoNY-Mellon’s Trustee for the particular pool already when they are appointed the debt collector/servicer. Yet they LATER generate the documents that would be the first officially filed docments that show BoNY-Mellon.

So, BoNY-Mellon appoints Litton, who genertes the documents empowering BoNY-Mellon, and thus Litton, thru the assignment Litton personnel generate in favor of BoNY-Mellon?

Hey, somebody, buy a MERS membership and lets go start assigning the mortgages of some list of say rocket-docket judges and some of the pro-bankster members of congress to some type of holding company. This should especially be done on mortgages that are improperly securitized. This needs to be done in a way that demonstrates that MERS cannot be relied upon and is wide open to perpetration of FRAUD.

By: John R.

John R. — Sun, 28 Nov 2010 23:02:42 +0000

And don’t forget the word of Ghandi…
not that I personally liked him but I just don’t care where I hear the truth!

First they laugh at you
Then they ignore you
and then you win!

By: indio007

indio007 — Sun, 28 Nov 2010 20:04:38 +0000

Judge’s are required to do due diligence in determining their own jurisdiction. “Staying neutral” is a cop out. At least we know what their defense is going to be when they get sued themselves. That will avail them nothing because they are acting in absence of all jurisdiction. No judge is going to get found guilty of judicial misconduct for dismissing a case because of fraud laced filing. They are pretending they have a legal duty to adjudicate a plaintiff’s fraud. That is ridiculous on it’s face.

Here s an example of real misconduct in regards to not staying neutral.
http://www.msnbc.msn.com/id/40360107/ns/local_news-indianapolis_in

By: housemanrob

housemanrob — Sun, 28 Nov 2010 16:48:10 +0000

In reply to Anne.

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By: Anne

Anne — Sun, 28 Nov 2010 15:08:39 +0000

The biggest problem with the missing paperwork is that the banks actually find out their paperwork is lacking when a homeowner applies for a modification (which the banks were given billions of dollars to create). Since the banks don’t actually have the note/mortgage anymore because they sliced and diced them and sold them to different investors, they refuse the modification for no reason (other than that they have no note/mortgage to modify). The modifications would keep people who can pay the mortgages in their homes and get the recovery in motion. Instead, the banks start bullying the homeowners and delaying the process because they can’t produce the mortgage for modification. In their bullying process, the banks get some homeowners to panic and borrow elsewhere to bring their mortgage current. Otherwise, the bank rolls the dice and goes to court and hopes the homeowners and their lawyers and the judges don’t realize the banks have no paperwork. Now the public winds up homeless with no credit to pursue another mortgage and the banks wind up with houses they don’t want and can’t sell because the people who would buy them have been branded by foreclosure. The government obviously won’t stop the banks because they’re afraid of letting them “fail”. They should be afraid of letting them “succeed”. There will be no recovery. We are doomed.