IN THE CIRCUIT COURT FOR PALM BEACH FLORIDA. CIVIL DIVISION
CASE NO. 502009CA030403XXMBAW
HSBC BANK USA, NATIONAL ASSOCIATION AS
TRUSTEE FOR THE HOLDERS OF DEUTSCHE
ALT A SECURITIES MORTGAGE LOAN TRUST’
SERIES 2007-BAR1 MORTGAGE PASS-THROUGH
ABBY G. LOPEZ; TERRACINA HOMEOWNERS’
Lender Processing Services (LPS) Internal Email Accidentally Leaked in a Fraudclosure Case
4closureFraud.org has received a very interesting court-certified document to share with our readers. An affidavit from Bank of America representative, Kimberly Sue Daley, refers to attached business records. The documents attached to the affidavit included a printout of email exchanges with the LPS Desktop logo.
The conversation evolves like this:
“Yikes! The name of the foreclosing party (HSBC as Trustee for Deutsche Bank Alt-A 2007-BAR1) matches the name on the affidavit of amount owed BUT that name doesn’t match what is in our system. It’s pretty far into the legal foreclosure process. What should we do now?”
“Hey, no problemo! We have two options; 1) change the name now and possibly be hit with higher homeowner association fees or 2) quit claim deed the home over to the right name after the sale, but that will cost documentary stamp taxes. The doc stamp taxes will probably be less costly than the HOA fees. Please advise.”
“Go with the quit claim deed (QCD). After the foreclosure sale to the trust, just deed the home over to Bank of America! Problem solved.”
Text and PDF copies of the documents below.
From: Nicholas Leonhard
Subject: FITNO Issue
The plaintiff on the complaint/AIO and our system of record do not match. Please advise us regarding a reliable procedure whereby the appropriate foreclosing party can be situated in the matter such that we can proceed to judgment of sale’
you very much’
Nicolas S, Leonhard
Plaintiff: Foreclosure In Name Of : BANK OF AMERICA, N-A., SUCCESSOR BY MERGER TO BAC HOME LOANS SERVICING’ LP FKA COUNTRYWIDE HOME LOANS SERVICING, LP
From: BAC Affidavits
Subject: Re: FITNO Issue
After reviewing the documents uploaded to LPS, the plaintiff on the complaint and the AOI match the information given to us.
Please let me know if I can further assist you.
Have a great day.
From: Nicholas Leonhard
Subject: Re: Re: FITNO Issue
we did an Internal review and see that the investor has requested that we FC in our name, given the point in the FC we are in.
Is this possible? Please provide us with a reliable path to proceed.
From: BAC Affidavit
Subject: Re: Re: Re: FITNO Issue
Good afternoon Nicholas
This should be corrected by quit claim deed after the sale takes place. Changing the plaintiff at the time of sale may result in significant increase in fees due to the condominium or homeowner association involved in this case. correcting post sale may result in documentary stamp taxes being incurred, but the taxes should be less than the association dues unless the loan is very large. Please note your system and advise us to make this correction when you advise of your bidding instructions
Intercom Message ;: Client Ref # 7419g144 :; Vendor Ref #
FROM: Leonhard, Nicholas
TO: Affidavits, BAC;
DATE: 8/17/20t1 7:30:00 AM
SUBJECT: Re: Re: Re: Re: FITNO Issue
TYPE: General Update
We approve your recommendation to do a QCD. Thanks for your help.
Nicolas S. Leonhard