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.
Articles |The FORUM |Law Library |Videos | Fraudsters & Co. |File Complaints |How they STEAL |Search MSFraud |Contact Us
Brindy
Just is about to be done in Tucson today.  I sent ALL of the orders and motions to the MSFRAUD moderator yesterday and today via e-mail.  The Orders of the Court are compelling.  The banks, trustees and their lawyers are about to be sanctioned in Court in Tucson today, including, as the Judge says in the last sentence of her Order:

".... and/or a disciplinary referral to the State Bar of Arizona."

I am posting the Order for the hearing below.  Hopefully he moderators will post these land mine documents I forwarded today.  I'll be sure to follow-up with the outcome of the 1:30 pm hearing today.  The words were cut from an adobe file so the formatting stinks but the verbiage is accurate.

IN THE UNITED STATES BANKRUPTCY COURT
FOR THE DISTRICT OF ARIZONA
In re: ) Chapter 13
))
Case No. 4:08-bk-15510-EWH
)
JULIA V. VASQUEZ
debotor, )

ORDER TO SHOW CAUSE AS TO
WHY SANCTIONS SHOULD NOT BE
IMPOSED FOR IMPROPER FILING
OF PROOF OF CLAIM AND MOTION
FOR RELIEF FROM STAY

TO: Saxon Mortgage Services, Inc. (“Saxon”)
Natalia Shasko, Corey M. Robertus, Tiffany & Bosco, Mark Bosco,
Leonard J. McDonald, Jr.


YOU ARE HEREBY ORDERED to appear before this court on Thursday,
September 2, 2010 at 1:30 p.m., U.S. Bankruptcy Court, 38 South Scott Avenue,
Courtroom 446, Tucson, AZ 85701 and show cause, if any, why sanctions should not be imposed on you pursuant to Fed. R. Bankr. P. 9011, 3001, Local Bankruptcy Rules 4001(e) and 9011-1 and 11 U.S.C. § 105 for the following conduct relating to a proof of claim (“POC”) filed on November 28, 2008, and a Motion for Relief from Stay (“MRS”) filed on January 6, 2009:
allegations that Saxon held a secured claim against the Debtor based on
exhibits attached to both the POC and MRS, consisting of a note dated
September 8, 2005 (“Note”) and a deed of trust dated September 12, 2005
(“DOT”). In fact, as of the dates the POC and MRS were filed, Saxon held
no interest in either the Note or the DOT. It sold all of its interest in the
Note and DOT to Deutsche Bank National Trust Company, as Trustee for
Saxon Asset Securities Trust 2005-3 (“Deutsche”), in late September
2005. Furthermore, on November 17, 2008, recorded an assignment of
the DOT to Deutsche.

If cause is found to impose sanctions, sanctions may include Debtor’s attorneys’
fees incurred in objecting to the POC, opposing the MRS, and expenses and attorneys’ fees (including discovery fees) incurred in adversary case no. 4-08-00794. Other sanctions may include, but may not be limited to, imposition of a fine payable to the Clerk of the Bankruptcy Court and/or a disciplinary referral to the State Bar of Arizona.

Dated and signed above.

Dated: August 06, 2010
________________________________________
EILEEN W. HOLLOWELL
U.S. Bankruptcy Judge

Notice to be sent through the
Bankruptcy Noticing Center “BNC”
to the following:

Julia V. Vasquez
402 West Melridge Street
Tucson, AZ 85706

Beverly B. Parker
Southern Arizona Legal Aid, Inc.
2343 East Broadway Blvd. #200
Tucson, AZ 85719-6007
Eric J. McNeilus
Heurlin Sherlock Panahi
1636 North Swan Rd., Suite 200
Tucson, AZ 85712-4096

Leonard J. McDonald, Jr.
Tiffany & Bosco PA
2525 North Camelback Rd., Suite 300
Phoenix, AZ 85016

Mark S. Bosco
Tiffany & Bosco PA
2525 North Camelback Rd., Suite 300
Phoenix, AZ 85016

Natalia Shasko
Saxon Mortgage Services, Inc.
1270 Northland Drive., Suite 200
Mendota Heights, MN 55120

Corey M. Robertus
Saxon Mortgage Services, Inc.
1270 Northland Drive., Suite 200
Mendota Heights, MN 55120

Saxon Mortgage Services, Inc.
1270 Northland Drive., Suite 200
Mendota Heights, MN 55120

Dianne C. Kerns
7320 N. La Cholla #154 PMB 413
Tucson, AZ 85714-2305

U.S. Trustee
Office of the U.S. Trustee
230 North First Avenue, Suite 204
Phoenix, AZ 85003


Quote 0 0
Brindy
Hearing update.

About 30 Pro Se litigants were at thePhoenix District (BK) Court today to view the video conference of the hearing in Tucson District Court (BK).  At the last minute the Respondents (one or all, who knows) requested a continuance - probably to hire criminal defense lawyers.

The hearing is now set for 10-7-2010 at 1330 hours.  Without a doubt I and others will be at the hearing.  A review of the outcome will be posted as soon as I can get to a PC after the hearing.

In the meantime, any shenigans regarding the case will be tracked and reported.

The general consensus of the viewers and commentators is that this particular BK Judge, who issued a WRITTEN WARNING a week before to the respondents about filing bogus documents has had it with such actions.  About a week later (8-5-2010) the Judge issued SUA SPONTE (on her own) the Order to Show Cause for Sanctions.  A courageous Judge in my opinion.

More to follow...

Quote 0 0
Saxon Mortgage Services, Inc.
1270 Northland Drive., Suite 200
Mendota Heights, MN 55120


Interesting, Saxon is in Texas. I recognize that Minnesota address:

Fidelity National Foreclosure Solutions 1270 Northland Dr Ste 200 Saint Paul, MN 55120 651-681-1465

Quote 0 0
I promised an update.

I was in the bankruptcy court (Phoenix) today at 11:30 am as Judge Holloway held her Sua Sponte hearing to determine sanctions against Saxon and their lawyers, Tiffany & Bosco for filing an improper motion to lift stay.

The was one upset Judge.  She spent an hour slapping the lawyers and the representative from Saxon (who was useless).  As is the case we all know, he didn't even know WHO he was working for.  The Judge beat up the Saxon rep mercilessly about the processes, LPS, and the electronic tracking systems.

In the end, Judge Holloway sanctioned Saxon $ 5,000.00 to be paid within 10 days to the Debtors lawyers or file an appeal.  She declined to sanction the lawyers at this time - HOWEVER, she did make findings on the record that there was reckless behavior in the filings; that the lawyers KNEW the real party in interest was not the party before the court; and, that the pleadings should have been withdrawn.  She ended her hearing with a stern warning to the world that she has "HAD IT" with filings where the real party in interest was not the entity filing pleadings and moving forward any party attempting to do is forewarned.  Judge Holloway warned the world that NO NOTE - NO MOTION TO LIFT STAY.

A complete transcript will be available in a couple of weeks.  I will send it to the Forum moderator so they can post it in the Legal Lounge.

Quote 0 0
Awesome news Brindy!  I would be definitely be interested in the transcript and thanks for sharing this news
Quote 0 0
Write a reply...