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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William A. Roper, Jr. Show full post »
Texas
Again, from pompapah: My apology to the other senior learned ones, I will take over responses to pompapah so that ya can aid others.

"So, one more time, when is anyone going to dare calling Martin and get to the bottom of this?"...

"
Everything I've posted has truth. But everyone here insists on middle school research."

If I make a call, be way above some deputy AG's head, not that I would even waste their time. Rest reports to me don't even rank in status to kindergarten finger paintings. My phone number is on many of my writings, call me. If one would presume you did research on me, I very seriously doubt you will call me,

Til you can cite precise case law for verification of your claim, then it has no value.

"
The nation's foreclosure judges have moved on. Can't you?"

Lord and behold, the judges of the land are ruling according to the laws that were broken, the judges are now just beginning to understand the truth, you need to wake up and smell the Texas meadow muffins your are trying to plant.

Few are meant to be leaders and I assure you are not a leader.
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Mark
Quote:
Jennifer Dethmers is deputy to Colorado AG. WTH?
email her for Cris'sakes - or tell me where to turn myself in, dammit. 


Mr. Dix's mocking and taunting of this Jennifer Dethmers certainly is rather remarkable.  Is it possible that claims that the Colorado AG has been paid off are true? 
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Texas:
Will you please tell me where you want me to surrender myself? I'll do it posthaste.
At least someone who has not slandered has volunteered to respond.
Will you please tell me where to find your ph number?
I would so love to have you talk to Martin.
He has even asked. Martin also asked if anyone had seen a sample REST.
This forum makes it impossible for me to upload.

Mocking the Colorado AG? All I want to do is call the bluff of the flamers here.
I'm working on citing case law.  To this forum: What are you working on? Pretending to rid the mortgage world of miscreants? Or just bluster?

I have not researched anyone here, least of all you and Moose. There's still hope for you two.Why would I? I'm ultimately looking for people who are sincerely trying to help distressed homeowners. Now all I gotta do is find someone who does the same scholarly research I was taught to do.

Your next to last paragraph is precisely what I was trying to say. Nick Wooten's claim that Republican judges are becoming noted for issuing summary judgements that ignore broken chain of title is especially troubling, however.

I am not familiar with TMM however. But everything IS bigger in Texas, huh?
My muffins are so much smaller than yours.     )

After an initial week of defensiveness against all the middle school research here, I asked myself, "Why would otherwise fairly intelligent people have such an adolescent reaction to a proven modification tool and not research it?"  It occurs to me that the majority of this forum may indeed be undeclared attorneys. They might have a vested interest in not using a proven tool in obtaining a beneficial mortgage modification. It does interfere with their fees.

I just don't know. WTH?

Attorneys need to put their energy into suing for broken chain of title. Both Nick and Max say that proficient attorneys are hard to find. They've proven themselves. And next week Martin is interviewing Mr Widener. Who here can match that?

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Moose
pompapah wrote:

After an initial week of defensiveness against all the middle school research here, I asked myself, "Why would otherwise fairly intelligent people have such an adolescent reaction to a proven modification tool and not research it?" 


I have researched it. Thoroughly. The missing part of the research is the source/author/expert behind the REST Report.

An appraisal without knowing the appraiser is worthless.
A prescription from someone other than a doctor is not only worthless, it's illegal.
An estimate for auto bodywork from a carpenter is worthless.
Expert evidence submitted without the CV of the expert is worthless.

The ONLY possible reason to conceal that information is that the "expert" might not actually be a recognizable expert.

Moose


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Bill

Quote:

Now all I gotta do is find someone who does the same scholarly research I was taught to do.



Why don't you POST some of your research?  Some cases?  Some law review articles?  ANYTHING not produced by someone tied to the REST Report?

When you are asked for your PROOF that what you are SELLING works and is what you represent it to be, you NEVER post ANYTHING.  You constantly try to have people talk to someone else or take my word for it.  You can't even claim to have used the report yourself.

 
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Texas
Pompapah stated: "Will you please tell me where to find your ph number?"  "I have not researched anyone here, least of all you and Moose."

One should not step forward without research. Research would reveal my phone number as it is on many of my writings, especially those writings submitted to the courts.

It has been noted that in the past William A. Roper Jr. and I did not see eye to eye, but his offering of advice to deal with the courts should be heeded.

Again research, TMM is nicely described here: http://www.chem.info/News/2009/12/alternative-energy-meadow-muffin-power-making-a-comeback/

As being one of the most senior learned here, I see no viable reason to talk to Martin, but if he dials my number, I will answer.

With the understanding and having an idea of what lay ahead in the future, I see no value for homeowners to request, much less to pay for a REST report.

Comments in regards to Matt's interview with Mr. Widener, appears as to be an attempt to drop names. Not impressed.

"Middle school research", I assure you, that you do not want me to direct attention to researching you.

The other senior learned were noticed in a prior post, of which you may or may have not read, I will take over the responses to you to free their time up for others.
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From Texas:
"Noticed you went after the other senior learned here, well big boy, add me to that list and lets dance it on.

This senior has advised the owner of MSFraud not to ban you, to much fun watching you make a jerk of yourself."

So, how many "Senior Learneds" are we dealing with? and how do you actually find the Wizard of Oz? Does he know how to dial a phone? We need to get to the bottom of this and save homes.

There are almost as many J Mcguires as there are Chris Dix's on Google. Now all I gotta do is get Hollywood to make a movie about me. Heh.

You offer to dance, but you won't. You issue challenges in a closed room, but you won't step out into the sunshine. Pretty small sock-hop here, I'd say. You offer to take over confronting me, but you can't make a 1 minute phone call to research. Your ego is only superceded by your pretense. I long ago got over wanting to dance with the so-called 'head cheerleader.' 

I'm supposed to cite court case transcripts to substantiate my claims. Martin can do that. Meanwhile, I cite Nick Wooten and Max Gardner, and will drop other names as I do my research. No one on this forum has cited a single success in modification, short sale, or Demand the note either.

The emperor has no clothes. Lotsa words, but no clothes.

You wanna dance, Mr. Bigger Boy? We're wasting everyone's time on the dance floor that you won't cross. I bowed, can you curtsy? How about the library? That's where the real scholars go. Even if they must lower themselves to the lowly telephone. I have a first name and provide full name, phone number, and website.
Whatchew got?

Other than Moose or Texas, the rest of you need to sit down. West Side Story this is not.

The Colorado AG has dropped the ball on prosecuting mortgage fraud, both on third party negotiators AND the Mortgage Servicer fraudsters as much as any other state in this country. Paul and Brent, and Bill, go away. Shut up and sit down. Moose and Texas SAY they're better dancers.

My phone is waiting. Who do you REALLY want to help except yourselves?

Chris Dix
970-242-2600
http://www.Mortgage-Mod-Monster.com
( email form at the bottom of the page)
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Bill
Bill wrote:

Quote:

Now all I gotta do is find someone who does the same scholarly research I was taught to do.



Why don't you POST some of your research?  Some cases?  Some law review articles?  ANYTHING not produced by someone tied to the REST Report?

When you are asked for your PROOF that what you are SELLING works and is what you represent it to be, you NEVER post ANYTHING.  You constantly try to have people talk to someone else or take my word for it.  You can't even claim to have used the report yourself.

 

blah, blah, blah, blah, blah,  Just post the research, cases, articles, scammer.

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Texas
Can't find me, one location where the writings can be found: http://www.scribd.com/alviec
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Texas
Mr. Dix, I dialed 970-242-2600 and got voice mail, left you a number to call.

L. Randall Wray                                                                                                                                                                                                                                                                                 Posted: December 30, 2010 08:35 AM                                                                                                                        
                                                                                                                                                                                                                                                                                                                                                                                                                                       
Why Mortgage-Backed Securities Aren't (Backed by Securities): How MERS Toasted the Banks
excerpt:
"I have relied on my perusal of reported evidence, plus a discussion with James McGuire who has put together an entirely convincing argument that the securitizations of mortgages resulted in securities that are not backed by mortgages. I urge interested readers to go to his website."


Mr. Dix, I am James McGuire a/k/a Texas, still wanna dance?
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Texas
Okiee, folks

I have spoken to Dix and Andleman both.

Andleman stated that the REST report only provides data created by the REST report software. Additionally, the use of this Rest report data is used in areas such as negotiations and  maybe court environments. The data is only used as a guideline if such data is accepted for use.

end comments

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Well, this exercise seems to have gone nowhere. Finally got Texas and Mandelman to talk and apparently, this is what Martin said:

"Andleman stated that the REST report only provides data created by the REST report software. Additionally, the use of this Rest report data is used in areas such as negotiations and maybe court environments. The data is only used as a guideline if such data is accepted for use."

That's about a nothing statement, huh?

Martin stated elsewhere that:
"I suppose, the principal(s) at Real Estate Services and Technology would accept service, but more to the point, I've been told that they would be available to testify as expert witnesses at hourly rate of $300 plus costs.  

To-date it's never gone that far... in each instance in which the reports have been presented in a court/mediation setting, the foreclosing party's lawyers have objected to the report and the judge/mediator has said that if they are disputing the analysis presented by the report, they need to bring in the numbers that refute the report's numbers... and they never have... they've settled after that in each case.

Is that helpful?  If it's a lawyer you're talking to, why don't you have him call me, or ask if I should contact him.  Has he seen the report?" (end quote)

For clarification, the previously cited anecdote of a Buffalo judge on my Credentials page had nothing to do with the REST Report. The story predated my involvement with the REST Report by a year when I was assisting proficient attorneys negotiate mortgage modifications. At the time, it was just an interesting story. I regret the confusion.Given the FTC MARS rule, I can't imagine why a clear thinking attorney would get involved in mortgage modification initially anymore.

Every time the REST Report has been submitted for mortgage negotiations, it has been accepted.

Moose asks what sounds like a reasonable request. 'Provide a court transcript that mentions REST.' I don't have one yet. I finally got one reasonable 'senior' on this forum to talk to Martin and it appears to have been fruitless at this point.

Apparently, Martin has forwarded an example of the REST Report to Texas. Who knows what will happen as a result. I had hoped Texas would ask for a court case. Nope.

Moose, I believe you're my only rational hope left. You raise several issues that I've not seen in my 2 1/2 years of assisting in mortgage modifications and short sales.
Some of your comments fly in the face of my experience and research. And no one will tell me what authorities to surrender to.    )

My personal experience is that mortgage modification need not be the rich man's game that suing lender for broken chain of title is. Until and unless you deign to talk to the source, I am beyond frustration.

Chris Dix
970-242-2600
http://www.Mortgage-Mod-Monster.com




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Texas
I did ask for a court case, there was not one.
Comments about the REST report forthcoming.

Short, still not impressed.

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William A. Roper, Jr.

Quote:
Christian Dix (the fraudster with alias "Pompapah") said:

"I suppose, the principal(s) at Real Estate Services and Technology would accept service, but more to the point, I've been told that they would be available to testify as expert witnesses at hourly rate of $300 plus costs.


Let us start with the basics.

Who are the principals at "Real Estate Services and Technology"?   

There seems to be no such corporation or partnership.  Perhaps we should start with, Where is this entity organized or registered?

By what lawful authority do these persons purport to trade under the name "Real Estate Services and Technology"?

Who are the owners and managers of this concern?
 
What are the qualifications of these persons to develop the "proprietary" technology which forms the basis for Chris Dix's swindle?
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Here is a real case where, after 6-1/2 years, the homeowners won after their signatures were forged by the bank:
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t

Sheryl:

 

This is a terrific decision of the Sixth Circuit Court of Appeals and is a very mainstream decision:

 

http://www.ca6.uscourts.gov/opinions.pdf/12a0001p-06.pdf

 

However, the facts in this case do NOT support ANY of the assertions of known fraudsters, such as Mike H. or Chris Dix (pompapah), who are seeking to swindle distressed borrowers through various debt elimination scams.

 

In the In Re Sutter case, the distinguishing feature is that borrowers Daniel Joseph and Sheyrl Lynn SUTTER DID NOT SIGN the original mortgage instrument which formed the basis for the claim.  The Sutters were shown to have been traveling in California at the date of the execution of the note and other loan instruments.  Instead of obtaining the borrower's signatures on the seemingly overlooked mortgage document, the loan originator seems to have forged the signatures of the borrowers on the mortgage instrument.

 

The originator almost certainly could have either compelled the borrowers to sign the mortgage or had a court reform the transaction to recognize the existence of a mortgage securing the note had this been done honestly and timely after closing (and BEFORE the SUTTERs filed Bankruptcy), absent the criminal forgery of the mortgage.

 

Most borrowers are NOT facing a situation where they can truthfully deny execution of the mortgage, deed of trust or other mortgage security instrument.

 

The case certainly serves as a reminder about the extent to which lender can and do engage in criminal forgery of documents in support of both mortgage originations as well as foreclosures. 

 

Neither does this case stand for the proposition that notes or mortgages are routinely forged in support of foreclosure procedures.  The evidence actually suggests otherwise.  In the Sutter case, the forged mortgage is shown to have been dated April 8, 2004, and recorded in Lapeer County, Michigan, on May 25, 2004.  The SUTTER's were traveling in California the date of the forgery.  The acknowledgment of the forged instrument shows the instrument to have been executed in Michigan.

 

The forged assignment was recorded in Michigan before the Sutter's default, before the institution of foreclosure proceedings and most importantly before the Sutter's bankruptcy.

 

There have been a number of cases where borrowers in Bankruptcy have sought to avoid a mortgage or deed of trust which was not timely assigned by to the institution of Bankruptcy.  In most of these cases, courts have held that as long as the mortgage and/or deed of trust was properly perfected, the failure to timely assign the mortgage or deed of trust does not result in an avoidance of the mortgage.  There still remains some question about this within the context of MERS mortgages.

 

The Sutter decision is a thoughtful and useful decision and a good win for the Sutters.  ANYONE WHO SEEKS TO CONFLATE THIS HOLDING AND USE THIS TO SUPPORT THE FALSE PREMISE UNDERLYING VARIOUS DEBT ELIMINATION SCAMS IS PROBABLY A SWINDLER!

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John Lewis
t: would you plez elaborate on your statement:

"There still remains some question about this within the context of MERS mortgages."

Thanks Jl
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George Burns

Some courts recognize MERS and some do not.

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Thank you for your honest review of the case.  I am aware that this in not in line with what is going on with MERS or the robo-signing that came to light in the last year.  However, in my opinion, when a bank actually forges the homeowner's signatures to a document, notarizes and records it, they place themselves above the law.  

Thank you for letting your readers know that it is possible that they have had their signatures forged to their mortgages and/or notes.  I truly do not believe that my husband and I were the only ones in the country that has had this done to...we are just the only ones to have discovered it.  Had I not had an assessing background, where reading deeds is a norm, I may have missed these forgeries as well.  When one is forced to enter into an unnecessary bankruptcy, such as we were in this case, to figure out what the bank is up to, most are totally disgusted and tend to throw the claims in a pile, not bothering to peruse the evidence of their debt.

Our intent has been used against us from the beginning...I guess my question is this...what was the banks intent when they forged our signatures?


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John Lewis
George, is it possible to use court decisions from the Courts that do not 'recognize MERS, to overcome, or, to challenge those 'others'? ~ that do recognize MERS?  ie. the Thread: Another Look at MERS v Azize (FL); comment date: 02/17/211.
 
Especially the recent Court decisions out of NY.
 
If the answer is either a yes, or, a maybe, would one attach a Memorandum of Law to their case?
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John Lewis
CORRECTION:

George, is it possible to use court decisions from the Courts that do  'recognize MERS, to overcome, or, to challenge those 'others'? ~ that do  not recognize MERS? ie. the Thread: Another Look at MERS v Azize (FL); comment date: 02/17/211.

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George Burns
In general, a decision by the courts in one state has no effect on the decisions in another state, not only because of sovereignty/jurisdiction issues but also because the laws and court rules differ. Even within the same state a trial court decision does not have the effect of an Appeals or higher Court decision.. So a trial court decision in one state should not even be recognized by the trial court in another state a definitely not by the higher courts.

However, that might be changing because I have noticed that in the Opinion for a few recent cases the court made reference to cases in other courts in other states. These cases, if I recall correctly, involved MERS, Ibanez or securitization and were not all NY cases but were in various other states.

I would think that it would be worth a try to get the court to take judicial notice if the facts and circumstances were right and the cites etc were on point. Nothing tried nothing done. 
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John Lewis

Thanks George.  I understand the points you made above and concur.  What I would like to do is put together a brief outline, using one example, of the strategy to accomplish this task.  It will take me some time so if you could plez follow this thread as I would like you and others opinion after review.  Again thanks .. jl

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Eric

John --  I am getting better at searching.  These two posts by Mr. Roper discuss the topic you raised with George:

 

"A quote and case reference for Texans--from a teaching institution."

http://ssgoldstar.websitetoolbox.com/post/A-quote-and-case-reference-for-Texansfrom-a-teaching-institution.-5061803

 

Especially the post from 01/24/11 at 12:46 PM: 

http://ssgoldstar.websitetoolbox.com/post/show_single_post?pid=1266992887&postcount=5

 

"Who can sign an indorsement?"

http://ssgoldstar.websitetoolbox.com/post/Who-can-sign-an-indorsement-5245529

 

Especially the post from 05/14/11 at 04:27 PM:

http://ssgoldstar.websitetoolbox.com/post/show_single_post?pid=1268565358&postcount=14

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Eric

John -- Also take a look at Mr. Roper's post:

 

Quote:
For those in other states, the NY cases are never binding authority (EXCEPT where another state is BOUND to use NY law in its decision, as in an instrument negotiated in NY OR determination of the law as to a NY trust) but might be viewed as influential or persuasive on some particular point of law.  Under the Rules of Evidence of many jurisdictions, Courts are allowed to take judicial notice of published opinions of other jurisdictions.  To get a court to consider an unpublished decision, one would typically need to obtain a certified copy of the decision.  Even with a certified copy, which would make the decision admissible, the courts of another jurisdiction would usually NOT be bound as to the holding and the unpublished decision would tend to get very little weight, particularly if the unpublished opinion was of another trial court.

I would never tend to cite an unpublished trial court case unless the party plaintiff and facts of that case were essentially identical to the case at bar.  Even then, I would expect the decision to be of little moment to the Judge deciding the case. 

 

MERS goes down again, BONY Mellon v. alderazzi

http://ssgoldstar.websitetoolbox.com/post/MERS-goes-down-again-BONY-Mellon-v.-alderazzi-5184802

 

http://ssgoldstar.websitetoolbox.com/post/show_single_post?pid=1268108856&postcount=6

 

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John Lewis

Eric ~ words cannot express my deepest appreciation for the time and effort it took to locate and post the above links. Thank You!

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