Scriveners Error?
Smells like BS to me…
From the letter…
Dear Judge,
Just between you and me, the fraudclosure attorney, the fraudulent documents fabricated to throw another family out of their home inadvertently named a non-existent trust.
So, let’s clear up this little matter just between us without the inconvenience of setting a hearing. We’ll just fix those documents right up and carry on. Sorry for the bother!
Okay, Judge?
Love,
Fraudclosure Mill
Actually, I’m just kidding…
The letter/motion and order is much more disturbing than the text above…
I do have to give Sasser credit on this one, she did not grant the order without a hearing. Instead, a sham rocket-docket hearing was held before Judge Colton (famous for his 10 second fraudclosure case stamping tirades) and the order was granted…
(Picture is an actual rendition of Colton)
The trust Consuerga says that does not exist is CCB LIBOR SERIES 2006-2. Just googling the trust pulls up records from all across the country.
We will keep digging on this one and let yo know what we come up with…
Does the trust really exist or not?
You can check out the letter with the attached motion below…
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4closureFraud.org
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Consuegra – Scriverners Error Filing
May be this is related to the merge of Chevy Chase Bank into Capital One.
Consuegra in many foreclosures said that CCB Libos Series Trust 2006-2 Trust was owned by Chevy Chase Bank (MD) and CCB for Chevy Chase Bank though, after the merge Consuegra is trying to make up that the trust does not exist [there is a trust, either an express trust or a resulting trust] Consuegra has many registered warranty deeds prepared by him and signed by some CCB VPs.
Moreover, Consuegra is making up a story that now this properties are owned by Chevy Chase Funding, LLC (MD) which is not Chevy Chase Bank nor related yo Capital One.
I believe they are stealing these properties that might have been left out in the merge records. And, that came from First Magnus Finanacial another bankrupt lender (the biggest in Arizona).
@ Ivent
I’m a little confused and you know more than I do so maybe you can “unconfuse” me. My original loan 2006 was a MERS. Tried for a mod for a year and after being yanked around were suddenly approved for a refi 2010. Robo-signed satisfaction filed in records office which I have challenged as not valid and subjecting me to double liability. Refi 2010 by BoA no MERS. However, since 2010, the note has been bounced back and forth between Bank of America and BAC Home Loans. I can’t quite figure it out. Any ideas? Appreciate your feedback 🙂
Katherine….MERS is not a bank….a legal assignment to a trust can only go bank to bank…they have to sell the entire loan…those assignments are deceptive…buying a loan ……..a mortgage and a note ….requires delivery and confirmation..
The original lender is trying to mask the fact they never sold your loan….just interests in the money flow ……the mortgage payment…that is the ORIGINATION FRAUD…and how they were able to hide the fact they oversold all of the mortgage payments…by 700 trillion dollars…that is why they don’t have the originals……the note is unindorsed because they never sold the loans…
That’s where I’m confused. The original loan was satisfied and that did list MERS as the beneficiary. But that loan was finished with the refinance. Then 2010 a new loan BoA. It has been BoA and BAC where the note has gone back and forth..so it would be bank to bank – right? Of course I have requested all of this through discovery but they won’t answer. I understand what you’re saying about B to C and it started at origination the note from the mortgage was bifurcated which I also put in my complaint but I think that the assignment in May was right when we filed a chp.7 and they were trying to collect but all they were then was a debt collector. I don’t know. Thanks Ivent. It is still kind of muddled in my mind but I better get my Sh__ __ together before I go before “Thy Honor”.
Katheryn..they are screwed because of the Origination fraud…they had 90 days to deliver the loan file to the trust…..if the note is unindorsed it is bearer paper….they have to prove b and c…..the transfer….In Illinois they have 30 days from closing to record the transfer…it doesn’t matter how many times they pass the loan around…none of that fixes the Origination fraud…that is why they are robo-signing docs….trying to re-create a chain of title…..that is fraud…..there is no legal fix for the Origination fraud….It is confusing and they meant it to be that way…but, what is going on in foreclosures court is they are using what we don’t know against us…the fact that they do not have to prove standing to bring a foreclosures suit is incredibly deceptive..evil in fact…these are peoples homes for the love of God!…..
@ Ivent – Thanks. We all know it is fraud and theft of our homes and our economy. I just pray that it doesn’t all end up swept under the rug.
That what we are fighting to stop….there is real evil behind all of this and 9/11… the truth is in plain sight now about who they are and all of their evil throughout history…they ruled by secrecy for decades…not any more…They have no place in a free and open society…JFK tried to warn us..
They bounce the loans back and forth to try and create the illusion of chain of title….they don’t have it…it is all a sham and a fraud…the fraud started at the Origination….that is where they broke the chain…that is what they are trying to hide….the origination fraud..
Regardless of how many assignments and allonges they manufacture they still stand in the shoes of the original lender and have to prove the b and c transfers..
Keep in mind from the unindorsed note to the assignment that was produced years after the closing to the allonge transfers nothing.. MERS as assignee means nothing ……MERS is not a Bank..they cant own a loan…
To date I have heard no legistration regarding the the Rules of Civil procedure state that it is legal to NOT record any docucumet including assignments to a trust pertaining to any property in any county in any state. I guess I’ll just have to wait a minute. How can anyone deny the massive frauds and abuse and theft of the American Taxpayers property rights. I hope the goverment does the right thing or there is going to be hell to pay. Stupid candidates, who don’t address this problem will lose millions and millions of votes. Just in Pam Bondi on on her endorsement of Mitt. I hope Florida is paying attention and holds those candidates feet to the fire on this issue when they start campaigning in Florida. Make them address the issues!!!!!!!!!!!!!!!! So far none of them have. They we are too stupid to catch on. Well guess what, no more! I for one will be paying more attention of who I vote for at the local level also, including the County Recorder of Deeds. I found out the originator of our loan have recorded assignments identical to ours and there is much fraud in every case. Thank to all who take their time to help and share and educate the ignorant (as I was until I was at my wits end and found this website). I don’t know what I would to without you.
Ali…in Illinois the deception is hidden in the ILLINOIS MORTGAGE FORECLOSURE LAW…..they don’t have to prove standing to bring a suit….it is up to the defendant to make them prove standing……Illinois courts do require them to prove up the chain in order to be granted a fraudclosure…..I have witnessed judges glance over the chain and say everything looks right here…..if they had to have the correct docs to bring a suit…fraudclosures would grind to a halt…..TELL THE SENATORS, CONGRESSSMAN AND THE GOVERNOR THIS NEEDS TO BE DONE VIA THE ILLINOIS GENERAL ASSEMBLY….THE CONGRESSMEN WRITE THE LAWS THE GOVERNOR, SENATORS WANT PASSED….
BTW…I see more attorneys in court telling judges they are not getting discovery requested from the plaintiff….one attorney stated to the judge….I would like to know if a mortgage even exists…! HARDY HAR HAR ……..The judges know damned well they don’t exist and the reason is massive fraud committed by the entire financial sector!
BTW Ali…another deception in ILLINOIS is they do not have to record an assignment…..They MUST RECORD a release and an assignment after they sell your loan…once the loan is delivered to the trust…..that is the reconveyance…the assignment must be proper there are two kinds that secure a lien in Illinois …an assignment of beneficial interest or a collateral assignment of beneficial interest….look them up on line…I have not saw one recorded yet…Third party debt collectors don’t record assignments because they do not own your loan….but they do stand in the shoes of the original lender. They use many weapons of mass deceptionto steal your home…!
Look up Conveyances..Illinois…remember there are only 2 assignments that create a legal lien in Illinois…that is the assignment to the trust..all they sold were interests in the note..not the mortgage and the note..that is mortgage fraud…if the original lender still has the original mortgage note unindorsed with no proper assignment they committed mortgage fraud…….the requirements to set up the trust are in the psa and the prospectus…they are specific and require delivery and confirmation and assignment…in Illinois a recorded release and assignment is required..if another bank bought your loan….an assignment can only go bank to bank…
Makes one wonder how many of these Trusts really do exist and the flurry of paerwork being recorded is more evidence of a cover-up. How can the laws keep being changed to the Banksters need. It took 10 years to get our code of civil procedures in place!!!
The TRUSTS don’t exist….and never did contain anything…that is what they are trying to cover up with many deceptions like MERS and SERVICERS…ALL BULLSHIT…that is how they got away with massive mortgage fraud……..They never sold the loans…..that is why they “don’t have” the original mortgage and the note…in order to sell your loan they are supposed to have a chain…..and they don’t……if they don’t have the chain they never sold your loan…but of course they did not…..all they sold were multiple interests in the money flow from the note….that is fraud…..and it was massive….700 TRILLION DOLLARS IN DEBT THEY OWE WITH NO COLLATERAL BACKING THAT UP!!!
TRUST BUT VERIFY…Reagan said it best…..simple, straightforward ……right to the point….!
We’ll just brush these CRIMINAL ACTS OF FRAUD AND FALSIFYING PUBLIC RECORDS under the carpet. THIS S*^& MUST STOP!! The judge should be removed from the bench and the attorney disbarred, there is NO excuse for this garbage.
The Fraud continues…
The note needs to be endorsed to the trust of in blank. The mortgage must be assigned to the trust because they can NEVER be in blank So how could there be any mistake as to the name of the trust?
Answer … there can’t.
Every f*cking day I have to read a bout a new scam …… I’m getting so sick of this .
The unindorsed note is the key…..they never indorsed them but they never sold the loans….just interests in the money flow….the mortgage payments…….that is how they committed $700 TRILLION DOLLARS IN COLLATERAL FRAUD..the ALLONGE…AH THE ALLONGE…..is a big deception…without recourse means the loan is paid in full…….an unsecured debt……a third party debt collector who is a straw man is trying to collect on that paid mortgage and note…..they are using unindorsed notes to collect on money they never lent and made hundreds of trillions of dollars committing massive mortgage fraud using our. Bsignatures…..the notes are counterfeits……Remember the third party debt collector stands in the shoes of the original lender……an allonge transfers nothing without the b and c transfers….the third party SERVICER/DEBT COLLECTOR is an IMPOSTER……..A STRANGER TO THE MORTGAGE……WITHOUT B AND C ….THEY HAVE NO LEGAL RIGHT/STANDING TO TAKE YOUR HOME…..
When the loans were sold off to public that is when they dumped the fraudulently induced loans into a TOXIC Global Pool (Check your recordings)….That is NOT how securitization works…that was their attempt to “fix” the ORIGINATION FRAUD and try and make you believe that your “loan” is in a securitized trust…..IT IS ALL A SHAM AND A FRAUD AND PART OF THE FORECLOSUREGATE COVER-UP!
PHH Mortgage stated that there was an inadvertant Scrivenor’s error in the PIN# in the property description in a paragraph they stole from my deed that they were never assigned…..and they “meant” to create a lien…HA….That is not what a Scrivenor’s error even is…a Scrivenors error means an error in the script…not the numbers…The fraud is massive. Deny everything and make these crooks show proof! They can’t!
I hope the Defendants or their attorney fought this and will appeal this decision ruling by Judge Colton.
What really stinks about this is it looks like the foreclosure is uncontested and the Defendants do not have counsel. This is RIPE for an appeal if I ever saw one becaue there was a Fla case recently that says you can not just change plaintiffs you have to restart the foreclosure.
I’ve seen a similar type error with a ResCap fund RAMP2007rp2. Google it to see foreclosures around the country, but it doesn’t appear to exist.