Price Check
A particularly determined opponent of fraudclosures refused to allow his constitutional property rights and his constitutional due process rights to be violated. He fought and fought and fought.
Mr. Duvall’s case went all the way up to the Ohio Supreme Court, where the fraudclosing entity realized the weakness of their position and the possibility of a state Supreme Court issuing a decision that would prevent fraudclosures across Ohio. The fraudclosing bank and their mill attorneys knew they were caught with fabricated, fraudulent real estate documents. They were concerned that, under the scrutiny of Ohio Supreme Court judges, there would be a little problem with the lack of authentic, valid, legal proof of their right to foreclose. In order to moot the case, US Bank as Trustee and/or their fruadclosure mill offered a settlement that was too good to refuse which included the wiping out of the mortgage with a satisfaction recorded in the public records. Both parties informed the Ohio Supreme Court of their desire to drop the case. The Ohio Justices allowed the case to be dropped.
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See, like the Pino case reported yesterday, banks will go to great lengths to avoid facing a court populated by a majority of judges who may not be bank-puppets. Of course, it’s becoming more and more known (even to judges) that widespread securtization fail (lack of proper, legal, contractual conveyance of mortgages and notes) was one of the stops on the way to millions of fraudclosures (fabrication of real estate documents & fraud upon American courts to cover-up for securitization fail).
The investors were notified in a timely manner of the ………….ahem………….”liquidation” of this “asset” but boy…oh….boy did they take a loss on this one.
Let’s break it down shall we?
Trust: US Bank as Trustee for Citigroup Mortgage Loan Trust Inc. Asset-Backed Pass-Through Certificates, Series 2007-WFHE2
Servicer: Wells Fargo
Securitization Fail/Fraudclosure clues: Two Fraudulent assignments of mortgage, one fabricated in 2008 (South Carolina Wells Fargo document signer Anita Antonelli ) and one fabricated in 2011 (Minnesota Wells Fargo document signer Scott Heurkins)
Original mortgage $90,000
The June 2011 (page 16) shows Mr. Duvall’s loan (# 0157265091) as incurring a loss of $124,595.99. This is broken down as $88,511.78 in principal losses and $36,084.21 in “delinquent interest).
It shows this loss as a hit to the investors to the tune of 140.768%. **Notice this shows the status as “delinquent” when it was really in “foreclosure” status.
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It’s not so bad! To be fair, the July 2011 (page 17) investor report shows a credit back to the trust of $132. This credit is towards “principal losses”.
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Total loss to MBS investors (remember this might be your or your loved ones’ retirement funds or your county’s funds for making payroll to public employees)? $124,463.99
Think a moratorium on fraudclosures is warranted so we can investigate these newly uncovered layers of fraud and come up with sustainable solutions for families and investors while indicting the financial criminals? Maybe if we insist and demand this now we can save both American families and our retirement/pensions/municipality investments from continued harm?
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4closureFraud.org
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Duvall CMLTI 2007-WFHE2 Loan 157265091 Pg 16 2011 June Report
Duvall CMLTI 2007-WFHE2 2011 Loan 157265091 Pg 17 July Report
Duvall Wells Assignment of Mortgage REDO 2011 May
| 88511.78 | 36084.21 | 124596 |
Where did you get the information that there was a settlement and “both parties informed the Ohio Supreme Court of their desire to drop the case”? That isn’t what happened at all. Look at the filings in the case. Duvall’s lawyers informed the Court of the release of mortgage in early August of last year. U.S. Bank did respond by admitting the case was moot, but then urged the court to rule on the case anyway. Before the Court dismissed the case, Duvall and several amici filed full briefs in the case, and U.S. Bank filed its reply brief. If there had been a settlement, why would both sides spend large amount of money AFTER the settlement was consummated? Why would U.S. Bank ask the court to rule on the case anyway? If you have specific information that the parties reached a secret settlement and then lied to the Court about it, show the evidence. The Court would be very upset about that.
@ Lies – the owner of the mortgage can always release the mortgage. The mortgage is their property and they can do with it as they want. If someone owes you $100, you can forgive the debt if you want. In this case, the bank’s lawyer told me it was an accident.
Thanks for the follow up (and exposure) of the FRAUDclosure in Ohio’s highest court …The above, as you know, made the Ohio Supremes – “blink” – and declare the case “Moot” (and dismiss). READ BELOW
US BANK v. DUVALL : http://ohiofraudclosure.blogspot.com/p/us-bank-v-duvall.html
Now we (Ohio) are going to do it all over again in:
Federal Home Loan Mortgage Corp. v. Duane Schwartzwald et al
Ohio FRAUDclosure (Atty Broyles) and Schwartwald (Atty Engel) turned in our “Reply Briefs” TODAY and Oral arguments will be heard on April 4th, 2012: http://www.sconet.state.oh.us/tempx/702507.pdf
QUESTION if they do not own the homes in the 1st place how can they file a satisfaction of mortgage?
I had a feeling something like this was happening. yes we heard from lisa epstein about the pino case and that he had a satisfaction of mortgage in the records. seems exactly right what is said the banks are afraid if they allow these cases to go to supreme court their fraudclosure machine will come to and end. What is happening it is going case by case which is very fustrating because not all people are good at the internet and googling information. the ONLY reason why I am her writin gthis post and efending my foreclsoure is because when the mess began in 9/2009 after applying for a hamp modification wells fargo kept losing my paper work when i faxed . i sensed something was wrong. when i googled lost paper work neil garfields website came up with the black whole. so here i am because of my unending sense of wanting to know why. why are they doing this to me when i worked all my life to have what i have. I am an RN for 25 years and this goes beyond what my brain is able to accept. so one case at a time. the banks feel if they get the right to foreclose away from all case would be a bad situation fo rthem so the few that fight they honor them with mortgage satisfaction and threaten them ? to shut up? do we not have a little bit of bribery here? the peopel that do not know about this foreclosuer machine will continue to walk away and give the homes uncontested to the banks. you and me we are all destined to wait for iur day in court and when our lower court (especially in florida) grants a summary judgement and then we have to file BK and then appeal in upper court (1900$ fo rthe state of florida filing fee) we will perservere. with people still leaving their looming foreclsoure and not mortitorium homes will continue to be repossesed fraudulently and all we can sit back and whatch while we wait for all of our fraud to find its way to the judges hands. this is not our parents world. please ocntact me on foreclosure hamlet i am saving my home in floridah. would love to talk to some people fighting wells fargo. thank you
Excellent report -thank you for posting.
In the meantime, Bernie Madoff sits in his cell and wonders why he is in the pokey and oodles of banksters and their miniions aren’t there to join him.
Bernie was small potatos (but was certainly a horrifying event) – compared to the banksters and fraudsters.