“The banks argue that creating such documents is a routine business practice that simply “memorializes” actions that should have occurred years before.”
~
Love the “memorialize” excuse!
I think I’ll fabricate myself an Ivy League diploma and transcript that “simply “memorializes” actions that should have occurred years before.”
~
Robo-Signing Redux: Servicers Still Fabricating Foreclosure Documents
The practice continues nearly a year after the companies were caught cutting corners in the robo-signing scandal and about six months after the industry began negotiating a settlement with state attorneys general investigating loan-servicing abuses.
Several dozen documents reviewed by American Banker show that as recently as August some of the largest U.S. banks, including Bank of America Corp., Wells Fargo & Co., Ally Financial Inc., and OneWest Financial Inc., were essentially backdating paperwork necessary to support their right to foreclose.
Some of documents reviewed by American Banker included signatures by current bank employees claiming to represent lenders that no longer exist.
Many banks are missing the original papers from when they securitized the mortgages, in some cases as long ago as 2005 and 2006, according to plaintiffs’ lawyers. They and some industry members say the related mortgage assignments, showing transfers from one lender to another, should have been completed and filed with document custodians at the time of transfer.
“It’s one thing to not have the documents you’re supposed to have even though you told investors and the SEC you had them,” says Lynn E. Szymoniak, a plaintiff’s lawyer in West Palm Beach, Fla. “But they’re making up new documents.”
Be sure to check out the rest here…
~
These PRETENDER LENDERS have the SAME STANDING as NON-RECORD CLAIMANTS..The bottom line is they should not be allowed to be taking the homes of the AMERICAN PEOPLE FOR AN UNSECURED DEBTS…..THIS IS COMMIE CRAP…..WAKE UP AMERICA…THE RULING ELITE, THE ESTABLISHMENT ARE STEALING YOUR COUNTRY..FOR UNSECURED DEBTS AND THE U.S. GOVERNMENT IS ALLOWING THE FOREIGN OWNED MULTINATIONALS TO SELL AMERICA OFF TO THE HIGHEST BIDDER FOR UNSECURE DEBTS…BECA– USE THE ARE EITHER MEMBERS OF THIS ESTABLISHMENT OR BOUGHT BY THE ESTABLISHMENT….THE AGENCY, THE NEW WORLD HORDERS…….AND TRULY THEY ARE FRAUDULENTLY INDUCED DEBTS…THEY NEVER LENT YOU ANY MONEY….DID THEY GIVE YOU A CHECK TO PAY THE PERSON YOU BOUGHT YOUR HO– USE FROM AT THE CLOSING….????…..NO!!!!!………THAT IS ALSO FRAUD……!!!!!! FRAUDULENT INDUCEMENT……!!!!!!.
That’s how they play the game. I have been fighting BoA for nine months now. They basically ignored me and had two different law firms sending me letters. It took me months of studying this stuff so that I could fight them knowing something about all this crap. I could not find a single attorney that would help me. Finally, after all my research, I was able to construct a adversary complaint to serve on them. I jumped through hoops trying to find out which law firm was representing them. The very same firms that had sent me threatening letters and a notice to foreclose would not respond to my written letters or tell me if I should serve them on behalf of their client. No Response…zip…..nothing…even after I served them with the complaint anyway. I then served Mr. Moynihan as President and CEO. The court finally listed BoA as pro se. Well low and behold a couple of weeks later I get a phone call from BoA’s new law firm who they have enlisted to fight me off with. The firm is a huge global firm of ReedSmith. I have to laugh and told their attorney a comparison of pro se me to ReedSmith is like comparing me (life raft with patches) to reedsmith (the Queen Mary)! We are scheduled for a pre-trial hearing next Wednesday…..everyone please put in a prayer for me and please send a “legal” angel to guide me through this. I am also going to send a copy of my complaint along with a letter to the infamous Mr. Buffett, who just bought $5B worth of BoA to show how much money and effort they will spend to get your home! So those who are also exhausted…please hang in and try to keep up the fight….believe me I know how hard it is!
good luck and go get ’em!
I think the most surprising thing to me was that this article was published in a banker’s blog. Good article, but very SHOCKED to see it in banker’s blog.
Check out the commenter to the article on American Banker who argues that an agent (“bank”) can continue to act under an alleged (but not recorded) power of attorney even after the death of its principal (“bank”), executing and filing assignments of mortgage in the official records of our counties.
If one of us mere (non-bank, non-corporate) citizens tried same with documents involving a deceased relative, we would be investigated, prosecuted and probably jailed.
yeah, I saw that too. What a tool!
The banks, lawfirms, Fannie and Freddie are all getting away with illegal activities. While us working folks are being hassled by the IRS, because we were “Gifted” a home that was foreclosed on with fraudulent documentation???? If I had the money to leave this country I simply would. It’s run by a bunch of unethical bastards.
phony docs, phony logic, phony courts….just obvious,obvious, obvious, attempts to destroy our lives. FUCK THEM!
My case was “Won” due to the Robo Signer Jeffrey Stepphan. Now in today’s mail I receive a Motion for Summary Judgement hearing notice. Same case number, same law firm but a different lawyer assigned. I thought I was donw with this… Now my spirits are a bit crushed because I work multiple jobs and am in school. I can barely pay my current bills let alone afford any kind of legal help. I am simply exhausted from trying to fight this never ending battle. Yes, I sound like someone who is ready to give up. I am just so sick of this bullshit. They used fraudulent documentation to take me to court the first time. Now some new attorney is claiming that all parties have been previously duly served and processed. Funny, how could they have served my ex husband when i don’t even know where he is? Or that i had to put it in writing to the courts that the banks attorneys consistently used an incorrect address to try and reach me. I am just sick of having to dedicate time and effort to this again. My energy is gone…
It sounds like you need to file a motion to dismiss….on the grounds of fraud..that point has obviously already been proven and they should have to file a whole new fraudclosure complaint……This is an illegal tyranny….and what you don’t know can hurt you….They want to force people to hire lawyers they can’t afford……UNCONSTITUTIONAL……..HOW CAN YOU GET DUE PROCESS WHEN YOU CANT AFFORD AN ATTORNEY AND CANNOT TRUST THE FREE ONES WHO ARE WORKING FOR THE VERY AGENCY THAT IS TRYING TO STEAL YOUR HOME……!!!!!! THERE IS AN UNCONSITUTIONAL AND ILLEGAL CONFLICT OF INTEREST HERE BECA– USE THERE IS RAMPANT CORRUPTION!!!!!!
It is like the new attorney, at the same law firm, did not even read my case or the final order. It was all about robo signing. What baffles me is that they filed a Motion for Summary Judgement on a case that was dismissed and has a final order attached. I though if anything they’d have to file a new case and start from square one.
Mary – I agree with Ivent for you to file a Motion To Dismiss. Also, go the the Mark Stoppa law firm website as he recently had a similar case (that is, if you are in Florida). Look at the comments on his recent posting of Summary Judgement without a hearing…..there’s a poster who put up a lot of legal information with regards to a situation similar to yours. Good Luck and God speed! And, oh, BTW, with the past case being dismissed, they do have to re-file.
Mary: If you are in Ft. Lauderdale there is a good Legal Aid attorney Colette Kienle make an appointment 954-358-5645 request only her. You will qualify if you make under 50k a yr. She will be able to direct you so you don’t shoot yourself in the foot with procedure. If your dismissal said without prejudice they will continue to try again.
best of luck to you.
hang in there.
They can make up and memoralize all they want. Memoralizing will not later on
repair the damages to titles. Fatal flaws still remain, and every one that is
damaged will remain so until it’s either cleared or in discovery find it can not
ever be fixed. At at the rate it’s going millions will need attention.