Mortgage Servicing Fraud
occurs post loan origination when mortgage servicers use false statements and book-keeping entries, fabricated assignments, forged signatures and utter counterfeit intangible Notes to take a homeowner's property and equity.
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Also read the comments. This is insane!

Published March 31, 2010

Attorney Carol C. Asbury
Florida Foreclosure Defense

In my last post I stated that Floridians need to form a grassroots movement to challenge the judges and the banks. Up to now, the judges have been given a free ride. These individuals are anonymous to the public but these judges are elected official; and, therefore, public officials. Although these judges are sworn to uphold the laws of Florida and are elected by the people, the majority of judges in Florida hate the ordinary people of Florida. Why? Because the People of Florida bought into the Banks ponzi scheme, now these judges have large case loads that they find unbearable. Judges have determined that most people are not going to fight the foreclosure so the judges are free to rule against the law; against the people; and get away with it.

Here is a typical day at the court.

First case: Plaintiff is NationStar Mortgage. My clients are an elderly couple, who always paid their bills until the Banks brought down the economy with this securitization ponzi scheme and my clients lost their job. Knowing that the banks sold all these notes to Wall Street, I went in search of the Trust. Not only did I find the Trust but the loan number within the Trust. My clients had come to me after the summary judgment had been entered. I moved to vacate the summary judgment based primarily on fraud on the court.

Now a Plaintiff (Nationstar Mortgage) who comes to the court alleging that it owns and holds the note and mortgage when, in fact, it does not, commits fraud on the court. A Plaintiff who commits fraud on the court is not permitted by law to profit from its fraud. In this case the Plaintiff, the Plaintiff’s attorney, and the actual owner Trust has committed fraud on the court. So, by all rights, I felt that the Broward Circuit Court Judge, who resides on the 10th floor, would have no choice but to rule in my client’s favor. Wrong again! Although the Judge was shown that Nationstar Mortgage sold the loan to a Wall Street Trust, known as a REMIC Trust, and was shown the loan number in a very, very long list of loans, that was not enough to vacate the final summary judgment. Disregarding the proof of fraud, the Judge in Broward ordered my client’s home sold.

In case you, the Reader, misses the point, let me emphasis this fact: Nationstar Mortgage sold the loan; and, therefore, was PAID IN FULL for the loan made to my client. Nationstar Mortgage lost no money. But by foreclosing on my clients, Nationstar Mortgage gets paid again. This is okay with the Circuit Judge in Broward. In fact, it is okay with most of the judges in the Tri-county area.

Oh, did I forget to mention that Fraud on the Court is also okay with the Judges. Well, its okay if it is the Banks/Lenders/Trusts and their attorneys. Why worry about a little thing like lies, when you are taking someone’s home.

When Judges approve of fraud, guess what happens? More Floridians lose their homes because the Banks/Lenders/Trusts and their Attorneys continue to lie, defraud, and distort the truth.

This is not an isolated event. This happens every day in almost every court in Florida.

Here is the point. The Judge did not uphold the law. The Judge broke the law. In fact, the Judge is an accessory to the Fraud. The Judge is complicit in the break down of the judicial system in Florida. Floridians can no longer trust their judicial system to follow simple evidentiary rules. That is why there needs to be a grassroots movement made up ordinary Floridians who are willing to fight against the Banks and, in the process, make it difficult for the judges to rule against them. We can win the fight. But we must all fight.

Right now the newspapers and journalist are silent as the most devastating bill is moving through the State Legislature. This Bill is sponsored by the Florida Bankers Association and approved (to my horror) by the Florida Bar. It will make this State a non-judicial State when it comes to foreclosures. That means ordinary citizens will have no rights and certainly less rights than ordinary criminals. Call your State legislator and State Senator and write letters to the paper.

Carol C. Asbury
Florida Foreclosure Defense
Law Offices of Carol C. Asbury


1 Ira
April 1, 2010 at 5:02 PM
The judiciary and legislature in Florida is corrupt to the core. The only way out of this is for people to use their own laws against them. I would encourage all homeowners to review ML’s administrative process to get you clear title to your property and sock it to the pretender creditors.

2 Nye Lavalle
April 1, 2010 at 3:12 PM
We need to organize pickets of judge’s home every weekend. We also need to picket owners of foreclosure mill firms and let their neighbors know that these men and women are criminals hurting their neighbor’s home values and stock portfolios! We need to get assertive and aggressive!

3 Richard F. Kessler
April 1, 2010 at 10:23 AM
Have you considered combining plaintiffs in a class action for wrongful foreclosure. The facts as you allege provide a basis for such a suit. I presume the judge did not specifically rule on your evidence or make specific findings in the order.

4 Alina
April 1, 2010 at 9:35 AM

Where do I sign up? In the beginning, I filed complaints with the AG’s office, the OCC, the FTC, the FBI, the Florida Bar, etc. The response from the AG’s office was that since this was a mortgage foreclosure, I needed to contact the lender. The Florida Bar’s response to the foreclosure mill’s violations were not violations. Never heard back from the OCC, the FTC or the FBI.

I believe a march on Tallahassee is in order.


5 Linda
April 1, 2010 at 9:01 AM

You are 100% right!!!. I work with a non profit, Helpful Hands, dedicated to helping homeowners try to save their homes.

My specialty is forensic loan audits, SEC search and document examination. So I see this EVERYDAY.

Let me top your example; Palm Beach County, 4th floor. A homeowner had the sale of his house reversed, because he proved
to the judge that the mortgage and note “recorded with the lis pendens” were from another county, under another name, and signed by a different person. The homeowner had signed with Fleet Bank, Bank of America produced documents signed with Bank of America (with all the errors listed above).

The Buyer objected and had a new hearing. This judge, also on the 4th floor, completely ignored the “wrong property”, already proven and still in the file, and proceeded to introduce a new defense for Bank of America. Because the Plaintiff could not produce the note, the judge ruled that this was an opened ended CONTRACT, not a mortgage. The copy of the note attached was not a negotible instrument, so therefore the original need not be produced. On the basis of this being just a business contract, he granted foreclosure…. This case is now in Appeals.

Broward County, a 76 year old woman, was lured into a deal of buying income properties to flip. This particular property was financed by Option One in 2005 (after recorded filings show them as no linger active). The mortgages and notes (1st and 2nd) were filed in November 2005 with no notarization, whited out lines and no witness signatures. These documents were refiled in April 2006, stating; “to add PUD”. Examination of the documents shows the truth was that NEW signature pages were inserted and initials were different on every other page. The motion stated all the issues of fraud. The judge agreed that there was evidence of fraud and said, “but you signed the original mortgage”. He suggested she get and attorney. Struggling with serious health issues, it took a few months for her to hire an attorney. Because of the full docket, it was another several months before her next hearing came up. Her hearing proceeded as follows, “Oh I remember this case, its been too long, denied” He shut the file and refused to allow her attorney to even speak.

I am with you all to make the public aware of what is going on, against the Law, in Florida courts.

Keep up the good work!!

6 Sparky
April 1, 2010 at 5:24 AM
I think the root problem is the foreclosure mills and the manner in which they perpetuate the fraud.
I have sent a complaint to the AG and if I do not get a response, the media is next.

From what I have found, the foreclosure mills use their new attorneys to file, on average, 100 new cases a month.In a significant amount of those cases, the assignments are produced by those same foreclosure mills offices.Most likely, because the notes are lost or never transferred properly.

For one mill, three out of four cases that I picked at random, had assignments signed by an attorney from the firm or Roger Stotts.

I think that the newly proposed bill is a way to clean out the courts as all these foreclosures are clogging up the system. I also think that everyone needs to be aware that if it passes, I would imagine that all of the foreclosure cases will be dropped, and then, the foreclosures will start as non-judicial and all of the homeowners rights will be gone.

7 stopGOVTwaste
March 31, 2010 at 10:37 PM


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Wow but how could I not be surprised. The Miami Herald published a two line paragraph about this non-judicial foreclosure bill. Most people have no idea that they can defend their cases in court. They think just because their "bank" filed papers; and lets get real most of them cannot pay their mortgages period they think the bank is right not knowing or understanding that their banks perpetuated a con on them.

About those judges. My judge refused to allow discovery (basically because Countrywide probably paid him off) claiming that my attorneys had had ample time to submit a witness list that a witness list needed to have been submitted 45 days pre-trial although an actual trial date had not been set. So I was not allowed to introduce testimony from an accountant or get further info. My case was  set for trial since September and this trial has not taken place yet. In that six months time there would have been ample opportunity to take depositions, subpoena info, but I can't do this (although I have done plenty of research on my own).

This particular judge is in circuit court in Miami.

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Picket the judges at the courthouse, like I did.  Drives 'em nuts to see you there bright and early every morning.

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That's a good idea. Except I work for the county. I was thinking of chaining myself to the fence like the suffragettes did. I could go before work. They can't do anything to me on my own time.

This whole thing makes me crazy. I now have a number of co-workers who are facing foreclosure or are on the brink of foreclosure. They do not understand they are victims of a con. A bank puts them into a loan that there is no way they could ever pay it. They were victims of a scam. They are in despair over something that was never their fault. Of course Mers is involved in some way either they originated the loan or the loan was sold to Mers. I tell them that they have a pretty good chance of defending their foreclosure because of the shoddy paper work.

To quote Stephen Colbert,

Angelo Mozilo, Countrywide, Bank of America, Wells Fargo and Mers; You are on notice.
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The day of my own elderly couple were losing their home.  This couple were in their 80's and took out a mortgage to pay off medical bills.  Equity One gave them a adjustable rate mortgage!  Talk about making me furious...who gives a couple on a fixed income that kind of mortgage?  Greedy ass people looking to pull some crap on old people, that's who!!!

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The Equitable One

Furious is to clean a word for me, though I'll spare the folks here my talents in imitating sailors.

The myriad of ways the sleazy brokers package and "sell" these bogus products never ceases to amaze me.

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Yeah, me too Equitable One...  I am trying to clean up my act around this place though or I would be using my "other" favorite f-word for these creative brokers!

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Want to read about a really nasty home and automaker headquarters  (Mealer Companies LLC) anticompetitive case against the conglomerate GM Family?
google, Mealer v GMAC, GM, et al
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