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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      Our notes were originated by M & I Bank FSB(M&I). M&I is headquartered in WI, big in FL & AZ and small in NV, KS & MN (to the best of my knowledge).
 
      During 2008 & 2009 M&I shedded many millions in non-preforming loans to Kondaur Capital, RealHolding, Inc., Prime Asset Fund (II, III,etc.)(PAF) and many other junk debt buyers for about 6 cents on the dollar.
 
      Currently we are in CH13 BK. Prime Asset filed Motion to Lift Stay last October without Allonges. Once PAF was pressed to produce Allonges, in March (clear violation of Stay) PAF showed up with photocopies of Allonges "electronically" signed with blue-green color.
 
      Here is the kicker: these Allonges are supposedly signed by M&I VP John Mulroni. I have located numerous Assignment of Deed of Trust and Mortgages with Mulroni's signature. None of them are signed electronically and most I found were dated December 11, 2009 (that is the date I am most interested in).
 
    Mulroni's signature is clearly different on the Assignments from our Allonges. Despite thorough search, I have not been able to find any Allonges with Mulroni's signature From M&I to any other firm than PAF. I believe PAF had manufactured these.
 
   I am in the process of submitting Allonge copies to the document investigation service and I suspect that I know their determination already. Expert Declarations have been most helpful in our case so far.
 
   Has anyone out there had any dealings with M&I or PAF? Can anyone help me find an Allonge from M&I to any entity, other than PAF?
 
   As Mr. Roper posted in comments to Adam Levitin's CreditSlips blog, here is the issue: I believe that I got forgeries entered into BK Court docket. But without having anything to compare them to...
 
    Well, a case can also be made that since there is no record anywhere of M&I Allonges (other than to PAF), how could they be real? Not to mention that photocopies are not admissible, specially blue-green electronically signed photocopies...
 
   I would sincerely appreciate any help on this issue.
 
 
    I can be easily reached at: providencegroup@ymail.com
 
  
 
    
 
 
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Bill

Bill Kay wrote:
 
      Our notes were originated by M & I Bank FSB(M&I). M&I is headquartered in WI, big in FL & AZ and small in NV, KS & MN (to the best of my knowledge).
 
      During 2008 & 2009 M&I shedded many millions in non-preforming loans to Kondaur Capital, RealHolding, Inc., Prime Asset Fund (II, III,etc.)(PAF) and many other junk debt buyers for about 6 cents on the dollar.
 
      Currently we are in CH13 BK. Prime Asset filed Motion to Lift Stay last October without Allonges. Once PAF was pressed to produce Allonges, in March (clear violation of Stay) PAF showed up with photocopies of Allonges "electronically" signed with blue-green color.
 
      Here is the kicker: these Allonges are supposedly signed by M&I VP John Mulroni. I have located numerous Assignment of Deed of Trust and Mortgages with Mulroni's signature. None of them are signed electronically and most I found were dated December 11, 2009 (that is the date I am most interested in).
 
    Mulroni's signature is clearly different on the Assignments from our Allonges. Despite thorough search, I have not been able to find any Allonges with Mulroni's signature From M&I to any other firm than PAF. I believe PAF had manufactured these.
 
   I am in the process of submitting Allonge copies to the document investigation service and I suspect that I know their determination already. Expert Declarations have been most helpful in our case so far.
 
   Has anyone out there had any dealings with M&I or PAF? Can anyone help me find an Allonge from M&I to any entity, other than PAF?
 
   As Mr. Roper posted in comments to Adam Levitin's CreditSlips blog, here is the issue: I believe that I got forgeries entered into BK Court docket. But without having anything to compare them to...
 
    Well, a case can also be made that since there is no record anywhere of M&I Allonges (other than to PAF), how could they be real? Not to mention that photocopies are not admissible, specially blue-green electronically signed photocopies...
 
   I would sincerely appreciate any help on this issue.
 
 
    I can be easily reached at: providencegroup@ymail.com
 
      
 
 


Bill,

You raise a common question I see from Pro Se litigants (but I hope you have an attorney in chapter 13).  They search all over trying to find examples of signatures on endorsements and assignments to compair to their documents. 

I really don't understand the importance of the signature.  The UCC allows for an endorsement or endorsement in blank.  The UCC also will allow an endorsement executed by an employee even if it is fraudulent and the signer does not have the authority to endorse the note.   UCC 3-405

How do you plan on challenging the signature on the allonge?  Because you say a signature is different or doesn't match most likely is not going to invalidate the allonge. 

If you do a quick search you will find OTHER methods to attack the validity of an allonge as well the importance of attacking the negotiation (delivery of the note).

I'm not an attorney and this is not legal advice.  Please ask your attorney.
 
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   Bill,
 
    You may not believe this, but unfortunately there is not a single attorney in Las Vegas that will help anyone with anything other than cramdown.
 
    I am in front of Judge Markell, the author of In re Veal Opinion.
 
    To the best of my understanding of Veal, Allonges are non-issue if the bulk buyer got Assignments of "Deed of Trust together with Note".
 
    I have defective Assignments and at some point in future, I will explain more.
 
    This M&I Allonge hunt is purely for establishing Fraud on Court and US Trustee Complaint. Also the timing of production of these Allonges violated Stay.
 
    Filing fraudulent documents with any court is frowned upon. I am trying to frame a pattern of conduct for Judge Markell and hoping to get a worthwhile Order on the fraudulent Allonges issue.
 
    I am well aware that most Pro Se Orders are unpublished. But I hope to appeal to this great judge's patriotism to publish our Opinion. This may be premature, but I have high hopes.

    I welcome any questions and comments. 
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Bill

Bill Kay wrote:
 
   Bill,
 
    You may not believe this, but unfortunately there is not a single attorney in Las Vegas that will help anyone with anything other than cramdown.
 
    I am in front of Judge Markell, the author of In re Veal Opinion.
 
    To the best of my understanding of Veal, Allonges are non-issue if the bulk buyer got Assignments of "Deed of Trust together with Note".
 
    I have defective Assignments and at some point in future, I will explain more.
 
    This M&I Allonge hunt is purely for establishing Fraud on Court and US Trustee Complaint. Also the timing of production of these Allonges violated Stay.
 
    Filing fraudulent documents with any court is frowned upon. I am trying to frame a pattern of conduct for Judge Markell and hoping to get a worthwhile Order on the fraudulent Allonges issue.
 
    I am well aware that most Pro Se Orders are unpublished. But I hope to appeal to this great judge's patriotism to publish our Opinion. This may be premature, but I have high hopes.

    I welcome any questions and comments. 


I don't doubt in some jurisdictions finding good representation is hard.  Mine is the same.  I am not trying to discourage you from attacking the allonge, I just think that attacking the signature is the weakest avenue to explore.  There can be many other deficiencies with the allonge that we have discussed in prior threads.  Another thing to investigate is not the allonge or assignment, but did they actually take possession of the original note and when.  While intent and a bulk transaction are great, it appears under the UCC they would still have to PHYSICALLY receive the NOTE with the allonge to be the owner.  I'm not familiar with Nevada law or bankruptcy law, just trying to give a few other things to investigate that may help.  This isn't legal advice, I'm not an attorney. 
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  Bill,
 
   I may have not clearly explained the gist of my argument.
 
   As part of bulk sale, M&I did not have to provide Allonges (see In re Veal). And they did not. Not to PAF. Not to anyone!
 
   M&I did provide PAF with Assignment of Deed of Trust together with Note" on one of our loans. On two other loans (3 separate properties), Assignments are screwy. That's all I want to say for now.
 
   To the best of my knowledge no-one got Alloges from M&I, except PAF. Neither M&I, nor M&I' employee had anything to do with my Allonges. I believe these were fabricated by PAF, because PAF thought they needed them. This is my argument.
 
   I've looked at hundreds of M&I deals with Kondaur, JGL, PAF etc. Not one loan has Allonges, except a few (including ours) to PAF.
 
  That's why I wanted to see if anyone here has better research capability and may come up with an Allonge from M&I to another company.
 
  This Allonge fabrication while BK Stay is in place is just another nail in PAF's coffin.  
 
   I am aware that this is not central argument. But every bit of ammo, if its valid, helps.
 
   These Allonges are 4 lines of text, undated and not notarized. The original notes have been presented in court in February without Allonges and have been in Las Vegas while these Allonges mysteriously appeared from WI to PAF (FL). This in itself would invalidate Allonges. But I believe PAF has just made them using digital signing machine. I am looking for someone to provide me contrary evidence... 
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FnDoomed
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Bill Kay:  This Allonge fabrication while BK Stay is in place is just another nail in PAF's coffin. 


The whole fabrication thing aside... If you owe me money and my collection activities are stayed by the BK, then its perfectly OK for me to sell the debt to Roper without violating the stay.

I've long since lost track of who purports to own your debt vs. who really appears to own your debt based on the record evidence.

I have a similar case: QWR response included note with no allonge.  BK proof of claim included an allonge that misidentified the note...




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