“In most of these cases involving the securitized trusts, the banks are now trying to scramble to show a chain of title when these notes and mortgages were never properly assigned to the trusts back when they were set up. In my view, they can never establish that chain of title properly.“
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BANKS CANNOT PROVE CHAIN OF TITLE OF MORTGAGE AND NOTES WITH SECURITIZED TRUSTS
Courtesy of Scura, Mealey, Wigfield & Heyer, LLP.
Recently, in a case involving Wells Fargo and American Home Mortgage Servicing, Inc. (AHMSI) Scura, Mealey, Wigfield & Heyer, LLP had the opportunity to take the deposition of bank representative Jose Colon.
Assignment Created for Foreclosure
This case involved a foreclosure in New Jersey on a note and mortgage that was executed in 2005. AHMSI then had two assignments of the loan to Wells Fargo in 2009 just when the foreclosure complaint was filed. This assignment was signed by the famous robo signer Linda Green. Then, after the foreclosure was filed a second “corrective assignment” was executed in 2011. This corrective assignment was done to supposedly correct the first robo-signed assignment.
The trust agreement, however, under which Wells Fargo is the trustee was set up and closed in 2006. The mortgage and note had to be assigned to Wells Fargo back then and this was never done correctly pursuant to the terms of the Pool and Servicing Trust agreement. These assignments in 2009 and then 2011 could not properly transfer the mortgage and note to Wells Fargo.
You can check out the rest of his analysis here…
Copy of the deposition below…
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4closureFraud.org
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Full Deposition of Jose Colon of AHMSI
in Puerto rico the same scam is done by first bank of Puerto Rico,,forclosing with no promissory note and with no title or mortgage,, with the aid of state court judges
John. they say there are 65 million MERS MORTGAGES, and that is where all the FRAUD started. Back in the 90’s. My friends who are before MERS have old mortgages and GOOD TITLES. Old mortgages that were REFINANCED are BAD. You are right. The word is not out. through out the entire NATION. You would have thought after Lisa was on the 60 minutes show, there would have been more people hopping on board. Like we discuss,, the American people have become the SHEEPLE. and are more interested in who’s on American Idol. There are over 300 million Americans here, but not on board with our cause.
All Homeowners must be shown their mortgages are just as illegal as those of us fighting.
Until they understand this most homeowners paying their mortgage every month during these hard times resent you and me not paying ours regardless of the reason.
Once they understand, there will be many more stop paying illegal payments and that is really what the banks are afraid of.
Now, only 2% or less fight, so 98% the banks win easily.
The spreading of knowledge is the real fear they and apparently the government has.
No one gone to jail yet and won’t as that brings the wrong right out in the open and exposes it to the 98%!
pdf printable/savable. Follow the link to Scura’s site (borrower’s attorney) in his summation article
Also to Snowstorm and everyone reading this topic: Many of these cases ARE being won on appeal. The problem is, the lower court judges and the lenders/banks/mortgage servicers KNOW that once the homeowner has been bled dry financially by inflated loan interest on ARM mortgages, bogus fees and such with the homeowner just trying not to lose what he/she has already paid so much money into, and save their home, that the homeowner has no money left to fight – or cannot find a lawyer to take the case, take payments over time for his fees, etc.
Then If the homeowner loses at the first round of court, if it is not possible to find or pay a lawyer who will appeal the case, try to get Legal Aid to help. Many of the appeals court judges are still upholding the law. I have no doubt the issue of chain of title COULD go as far as the Supreme Court, if the banks and lenders really want to push it. I am also surprised that the ACLU has not jumped into this fight and scored some major win that could be cited for the homeowner’s case in ANY state, and stop these fraudulent foreclosures. People’s civil rights ARE being trampled upon when a lender will not give up collection efforts and harassment of the homeowner/debtor, but the lender actually has no legal right to try to collect in the first place. Mortgage modification is a nice idea, but why should anyone pay a loan he/she does not rightfully OWE in the first place? And if at the end of the payments, the title is still going to be clouded? A judge would not pay that loan – that is the standard the judges need to be using in deciding these cases – would a prudent man or woman such as themselves pay that loan or consider it legitimate? If not, end the fraudclosure, WITH PREJUDICE!
There are cases that I have followed that have WON, BUT won on various reasons, not a BLANKET WIN ON MERS, and most were reversed on APPEAL. The Win in WHEELING , WEST VIRGINIA was won on APPRAISAL FRAUD and unconscionable interest rates and fees. It is now being APPEALED. Had nothing to do with the NOTE, or legal standing. The real PROBLEM we are facing is there NO REPRESENTATION for the people. ATTORNEY’S do not want to take on these cases. WITH OR WITHOUT MONEY? Our legal services in New Jersey just can tell you what to file. WHY IN THE GRAND SCHEME OF THINGS does it EXCLUDE all the people who can not GET OR AFFORD AN ATTORNEY. FRAUD IS FRAUD and as an United States citizens. WE SHOULD ALL HAVE PROTECTION, and not even have to do BATTLE ALONE. OUR GOVERNMENT should be STEPPING in and ruling for WE THE PEOPLE. END OF STORY. meaning, “Well, if your poor, or representing yourself, YOU WILL LOSE YOUR HOME” BULL SHIT This will be the FAIR AND JUST RESULT. BULLSHIT. Most people are finding themselves in this situation. So HOW’S this theory been working out for you.? I am a STRONG ADFICATE and FIGHTER, but I am not BLIND to the FACT that there is a NATIONWIDE COVERUP,,,, maybe just too big and powerful for the people to prevail.
Answer to Snowstorm: Then we all need to do everything we can to give MAXIMUM EXPOSURE to these judges actions, get their NAMES and the specific case rulings by name and number publicized every way we can. Make them pariahs among their church members, social groups, political parties etc. for NOT having done what they swore to do when they took the oath of office and were sworn in as judges. Cast all possible suspicion about their character and ethics, as has been done to the innocent homeowners who have been targeted, then attacked, then bled dry by the lenders of these “subprime” mortgages that were supposedly all the homeowner “qualified” for (and we know what the credit reporting agencies are doing to ruin everyone’s credit too!) until these judges can have nothing but questions about their actions, at best. Let it become that when these judges are Googled online, their bad rulings and questionable reputations will follow them forever, like so-called “deadbeat” homeowners and people with so-called “bad credit” have to put up with. Let these judges be judged themselves for their actions. That is what we all need to try to accomplish. And a big Thank You to this website for trying to do exactly that. Keep up the good fight!
Remember Jimmy Choo? He DID do just what you are claiming to do…he dug up the dirty laundry on the judge….and he ended up dead on the street. His death and the “cause” of death was covered up by (a paid off) ME. Choo’s body was not buried; it was cremated and they have yet to reveal WHO authorized that cremation. Now all evidence is gone except the x-rays from the ME’s exam…which clearly shows that a blow to the head was a contributing factor to his death…but still no investigation. Corruption is rampant throughout the judicial system and throughout the country. Who protected Jimmy Choo? And up to now, even his death has not revealed the ‘truth’. Your idea is good in theory; but not in practicality.
If enough crime/dirt was dug up simultaneously there’s not enough crooks to stop
the exposure. Choos’ death should not be in vain.
IT DOES NOT MATTER. The Judge’s are still ruling against the people, ,,,,while HAVING THIS KNOWLEDGE. THEY DO NOT CARE. THEY ARE ALLOWING THE FRAUD, and are NOT GOING TO LET THE PEOPLE WIN. The BANKS will keep submitting document after document to try to COVER UP the FRAUD. SO, now we just have NEW FRAUD to cover up the OLD FRAUD. WHEN DOES IT END?
Like most scams/frauds sooner or later it will collapse through its’ own weight.
Might not be as fast or as timely as desired, but it will fall.
this is the same fraud over and over and over again
HEY… that’s my trust! any way to get a download of the depo? Normally I can but this time the “download” option is grayed out. Thanks! John R.
I printed it off , but would love a downloadable version. My computer will also not let me download it. I have the same case also. Linda Green assignment , Kaminski corrective assingment , wells fargo, AHMSI, Sand Canyon etc. Thanks doug
It can be downloaded directly from Scribd. Click on View this document on Scribd link just under the doc.