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JOHN L. O’BRIEN, JR.
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Commonwealth of Massachusetts Southern Essex District Registry of Deeds
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NEWS
FOR IMMEDIATE RELEASE
Salem, MA
October 20, 2011
Contact:
John O’Brien, Register of Deeds
Southern Essex District Register of Deeds John O’Brien today is calling for a temporary halt on all foreclosures on Massachusetts homeowners until there is time to sort through the complex issues, including the fraudulent documents that have been recorded in people’s chains of title. In addition, O’Brien has cautioned people that they should think twice before buying a foreclosed property in light of the recent Massachusetts Supreme Judicial Court Decision in Bevilacqua v. Rodriquez.
Although O’Brien commended the Supreme Court and Judge Long for its sound decision in the Bevilacqua Case, he recommends that any lender, servicer or foreclosure law firm be required to attest in an affidavit, under the pains and penalties of perjury, that all the paperwork involved in a foreclosure has been reviewed by someone in authority at the bank with knowledge of the transaction and that the paperwork is correct, truthful and valid. He believes that lenders should also have to prove, through a forensic audit, that they actually own the note and mortgage upon which they are foreclosing upon.
The Bevilacqua Decision makes it clear that a lender must own the mortgage before it may foreclose. “As I have said all along, had Bank of America, J.P. Morgan Chase, Wells Fargo and others followed the law and played by the same rules as everyone else, maybe our economy would not be in this crisis today. There is a good reason that we have registries of deeds in this country. It is so that every document that pertains to a parcel of real property is recorded in a public registry, so that anyone, at any time, may view their chain of title.”
“Since the property involved in the Bevilacqua Case is in Haverhill, which is a part of my district, I have reached out to our mortgage fraud and forensic analyst, Marie McDonnell of McDonnell Property Analytics. Ms. McDonnell has certified to me that there are at least three missing assignments in the Bevilacqua chain of title, and that the one assignment which was recorded on the property is fraudulent. This clearly demonstrates the damage to a chain of title when assignments are not timely filed or not filed at all.” said O’Brien.
In calling for a halt on foreclosures, O’Brien said, “This will send a clear message that Massachusetts will not tolerate the practice of using fraudulent documents to put someone out on the street. This is something that we do not do in America. We all have to remember that foreclosures are not good for anyone; they hurt families, neighborhoods, property values and therefore communities as a whole. These big banks have played fast and loose with peoples property rights, and now courts in Massachusetts and other states are standing up and saying that what they have done is wrong. Fraudulent documents are and always should be unacceptable and never be recorded in a registry of deeds. If the average person recorded a fraudulent document and then attempted to present it to a court of law as evidence, they would be prosecuted. So it begs the question, why are the captains of the bank industry and Wall Street being treated differently? Let me make it clear that this fraudulent activity is being done by major lenders, not our local community banks. I think that the lesson here is if anyone is currently looking for a mortgage, they should be dealing with their local hometown banks who have always played by the rules.” O’Brien continued, “Perhaps if people stop buying these foreclosed properties, which in most cases sell for less than what the original homeowner owed the lender, than maybe the banks will rethink their position and do the right thing, namely begin working with homeowners to create a new payment plan that will keep people in their homes.”
In an attempt to providepeople with more assistance, O’Brien is now offering any homeowner in his district who has a document in their chain of title signed by a known robo-signer, an affidavit signed by him as Register of Deedsattesting to the presence of that signature which has been recorded at his Registry. For those homeowners that are currently being foreclosed upon, this affidavit may be presented to their attorney, the lender or the court to show that their chain of title has been corrupted. For those who are not in foreclosure, the affidavit may be presented to their current lender to show that a robo-signed document has in fact been recorded in their chain of title and be part of a request to investigate how this happened and what the lender is going to do to correct it.
Homeowners may check to see if there is a known robo-signer in their chain of title by visiting his website www.salemdeeds.com or by calling his Customer Service Department at 978-542-1704.
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4closureFraud.org
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Tier 1 Affidavit for Prior Recordings
Tier 2 Affidavit for Prior Recordings
wow someone that gets it !
Indeed. HERO material!!!!!!!!!
John O’Brien is a HERO!! How about getting Barnstable County on board!! I have a great robosigned mortgage release. It’s criminal.
My highest Kudos go to Mr O’Brien, Jr for going against this sinister Fed Res banking cartel that is destroying America’s economy while Washington just sits a takes their millions in lobby money ~~
During the implementation of another sinister, evil and titled alleged consumer protection plan called the Frank – Dodd New Financial Reform passage; the banks spent several hundred million in payoffs to your Congressional members under the table. They spent more in 2 months than ALL of the other lobbyist groups combined received for the whole year to date ~
Abloiish the Federal Reserve, their privately owned IRS, fire Timothy Geithner [immediately], prosecute these Rothschild owned Too Big To Fail Banksters, and check you local congressmens’ voting records and if they voted in any way for these banksters, then vote them out of office in their next election ~
It is good to see that there are still some honest American patriots left in this country like John O’Brien who realize the importance of the peoples property rights…These civil court Judges are a disgrace…they can look at the face of these foreclosure complaints and know there is fraud being committed in their courtrooms….For example, the Plaintiff joining the defendant to fraudclose on MERS as in my case…THEY DON’T KNOW THAT MEANS THE PRETENDER LENDER HAS NO STANDING TO FRAUDCLOSE AND ARE A NON-RECORD CLAIMANT? AND MERS IS NOT A BANK…. Then, obvious typos in closing docs such as the mortgage…Would a judge sign a contract that had typos on it? NO WAY!!…The judges are bearing witness to none of it…!!! The pretender lenders are filing fraudclosures on Commercial Property and Judges are throwing the people’s property into receivership with NO PROOF OF OWNERSHIP..NO PROPER ASSIGNMENT…..UNDER THE GUISE THAT THE OWNER MIGHT NOT PAY THE TAXES…AN ASSUMPTION….Pretender lenders are filing frauclosures with no assignment of record or legal reconveyance, they are swapping notes within the company but out of the Jurisdiction of the court, in another State, during fraudclosures and filing assignments after the fraudclosure is filed to try and create a new chain of title, and recording BOGUS ASSIGNMENTS AT THE RECORDER OF DEEDS OFFICES AFTER THE FRAUDCLOSURE LIS PENDS IS FILED……..THIS IS ALL BEING DONE, RIGHT IN FRONT OF THE RECOREDER OF DEEDS FACES AND THE JUDGES FACES….THE JUDGES ARE IGNORING THE FRAUD BEING COMMITTED AGAINST THEIR OWN PEOPLE!!!!! ALL TO SAVE BANKS WHO ARE INSOLVENT AND ARE TRYING TO HIDE MASSIVE SECURITIES FRAUDS AND ACCOUNTING FRAUDS BY FRAUDCLOSING ON PROPERTY THEY DO NOT OWN, NEVER LENT OUT ANY MONEY AND HAVE NO LEGAL RIGHT RIGHT TO TAKE……. THEY OWE SO MUCH DEBT BECA– USE OF COLLATERAL FRAUD…THEY CAN NEVER PAY IT BACK..NO MATTTER HOW MANY HOMES THEY ARE ALLOWED TO STEAL OR REFINANCE..THE ATTORNEYS KNOW THIS, BUT THE JUDGES DON’T….THAT IS A LIE…..They should ALL be held accountable, from Fannie and Freddie, to the attorneys on both sides who are decieving homeowner, to the judges who are going as far as forcing people to negotiate with these criminals and forcing people to hire attorneys who are working in the best interest of the very criminals who are owed nothing but a trip to the slammer!…..Then there are all of the rest of them, those in so-called law enforcement who are fully aware these crimes are happening every day in civil court rooms across America… the AG’s offices,the U.S. States Attorney’s office, the DOJ and the FBI who are doing nothing to stop this….at all.as well as the politicians who are hiding and ignoring it….I witnessed a judge actually glance over a fraudclosure and have the nerve to tell the attorneys for both sides “everything looks right here” Well I doubt it…but if the homeowner does not know what is going on then the Judges just don’t care…period..and that is just wrong. Judges turning a blind eye to fraud in order for a pretender lender to steal someones home they do not own is aiding and abetting a crime and it is also treason in my book. We need the Judges to be the gatekeepers, not traitors!
keep up the great work Mr. OBrien…….how sad is it, that we have to call someone who follows the law, a Hero
This guy is a hero! We need so many more just like him.
We do need more like him, Unfortunately our register appears to be a Banker who happens to work as a register of deeds.