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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Are Some Courts Aiding Foreclosure Crimes?

August 24, 2011

By MSFraud.org


It appears the foreclosure circus has planted its tent firmly in the soil of El Paso, Texas.  Earlier this year, El Paso foreclosure defense attorney, Richard Roman, cleanly won an eviction case against Chase Bank (French v. Chase).  When Chase refused to pay the attorney fees, Roman obtained an Abstract of Judgment and after threatening to foreclose on the bank’s furniture, the humiliated Chase paid Roman his legal fees. Case closed.

  

But the carnival didn’t stop there.  Named in a separate suit filed by attorney Roman (and rightly so), was a foreclosure-mill attorney Selim Taherzadeh, of Brice, Vander Linder & Wernick, P.C. located in Dallas, Texas.   The suit was seeking relief for Roman’s client, Armando Gaytan, a man suffering with polio who was simply seeking to speak to someone about a loan modification, until he started receiving acceleration and demand letters from attorney Taherzadeh and his firm.

 

In May, 2011, the Court held a hearing on the matter, but Mr. Taherzadeh neglected to show up.  A clear case of legal malpractice.  The Court rightfully entered a default judgment in favor of the plaintiff and awarded Mr. Gaytan $9,403.02.  Another Abstract of Judgment was processed.

 

The records reflect the efforts Mr. Taherzadeh undertook to dodge legal service from the courts. He was finally served and now has decided to retaliate.  After an apparent stint of court shopping, evidently he found a new judge to not only vacate the default judgment, but awarded sanctions against the homeowner’s attorney, Mr. Roman.  The judge found Gaytan’s case frivolous, without merit, and merely an attempt to harass, annoy and aggravate the opposing side.  Oh really?

We have compiled the Gaytan-related documents into one file and includes an email between Roman and the Dallas foreclosure-mill.

 

In another foreclosure case (Marquez  v. Bank of America), Mr. Roman, who is also the former judge of El Paso’s 346th District Court, has sued Bank of America and intends to subpoena its CEO, Bryan Moynihan. Roman filed a motion seeking a court-appointed white-collar criminal investigation firm to perform investigative services related to the Bank of America matter and MERS.  The motion was file-stamped, however, it does not appear on the courthouse clerk's website. Why not? Where is it?  

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Ann,

This information is entirely what people need in these cases. It seems like the judge knows what he's doing! I say go ! Very good information! It sure does make you wonder doesn't it?

Just like who is the beneficial owner? Is that who the trustee is really representing? How do you figure out what hat the trustee is wearing at these hearings? They claim to represent the servicer on behalf of the beneficial owner who is never disclosed. They sign multiple contracts to represent all these entities at one time.

While they may be in court for claiming to represent servicer Wells Fargo or any other entity they don't disclose they are also representatives for Fannie Mae and or Mers at the same time! Never having to disclose just exactly who the beneficial owner is.

When we go to get loans we have to show we are the owner of record of said funds and chain of how we received this money for them to use as said collateral of loan. Whether it be a home loan or any other loan. Why do they hide the real owners?

Because of how much profit they make selling and reselling us as the asset with life that will never give up to them I think anymore! Us as individuals are assets making income to produce more assets. Just more for them to try and continue to steal more from us.

I have no clue what they really intend to do anymore. I'm even scared of knowing with what I know now. Everyone who continues to help us that fight an honest fight I'm so grateful for! It has helped me keep my sanity in what seems to of become an insane world.

It definitely helps in rebuilding the Trust they keep on trying to destroy. Rather ours as individuals or the trusts they have kept hidden, sold, and resold down the river again. To let the continual theft happen I'm afraid of the outcomes anymore. It's been a long fight without a lot of honest people to help in this cold world of corruption they've created. There is no conspiracy. They are thieves and obstruction artists in the highest positions of our society. I'll never trust any of them again!

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