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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Stephen
A number of lawyers came up to me last week and commended my "audacity".  One, who works for the tainted judge, came out and took my picture, stating "First Amendment...I like it".

Since a number of law enforcement folks from the courthouse and others have asked me what it's all about, I put a summary together:

Purpose

 

1.       Federal investigation of San Diego Superior Court Judicial system

2.       Removal of John S. Meyer from bench

3.      Prosecution of John S. Meyer for Fraud Upon the Court By An Officer Of The Court

4.      Federal investigation of the Commission On Judicial Performance

5.      Prosecution of and dissolution of the California Commission On Judicial Performance for Public Fraud

6.      Victim compensation for Plaintiff in the amount of $6m for damages.

7.      Compensation for other victims to be discovered.

8.      Direct public attention to Superior Court corruption in aiding and abetting gross mortgage servicing fraud

 

“What they are doing to these people is despicable, and it is absolutely wrong…..I want them decertified, and I want them prosecuted, and I want redress for the victims”  - Senator Barbara Mikulski, (D-Maryland)

 

$3.4 Million Dollar Jury Verdict In Las Vegas For Wrongful Foreclosure

A Las Vegas Jury recently awarded a family $3.4 million in a wrongful foreclosure case.  As you can guess, this wasn’t your everyday foreclosure.  It kind of reminds you of the McDonalds hot coffee case.  After testimony, the Jury found that Countrywide Home Loans, Inc. wrongfully foreclosed on the Plaintiff’s condo and awarded the Plaintiff $922,690 in compensatory damages and $2.5 million dollars in punitive damages.  As a lawyer who regularly sues insurance companies, mortgage companies and credit card companies, I think the Jury got it right.The Plaintiffs had temporarily moved to Tucson, Arizona for work.  Countrywide sued for foreclosure, wrongfully, and sold the condo.  The Plaintiffs discovered what happened in 2003.  Somewhere down the line, the Plaintiff’s personal possessions were discarded and some items, including a wedding dress and family photos, may have been thrown into the trash.  How could something like this happen?  Good Question.  The foreclosure was supposed to happen on another condo.

As a lawyer, you always wonder why this case wasn’t resolved by Countrywide prior to the trial.  One can only guess as to what Countrywide was thinking.  Normally, the two sides just don’t value the case in the same way.  I would like to congratulate the Plaintiff’s attorney on a job well done.  Countrywide said in a statement that they are very disappointed in the result.  Yea, imagine that.  Now, they will probably spend a fortune appealing the juries decision, instead of doing the right thing and paying the Plaintiffs for their screw-up.


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Chronology – Case #GIC 735034

Rose vs. Guaranty Bank of Austin, Texas

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1.       Plaintiff purchased new home and made all payments for 12 years

2.       Loan transferred to Guaranty Bank from Knutson Mortgage without proper notification to borrower

3.      Guaranty Bank begins duplicate billings for monthly payments

4.      Plaintiff refuses to pay extortion to Guaranty Bank

5.      Plaintiff continues to make and Guaranty continues to accept mortgage payments while proceeding to foreclose

6.      In spite of Plaintiff’s perfect credit, high income and low debt ratio, Defendant blocks all efforts to refinance the mortgage with Wamu, B of A, and others by reporting missed payments to the Credit Reporting Agencies

7.      Plaintiff exerts extraordinary efforts to alert lender of it’s impropriety.

8.      Plaintiff, familiar with predatory foreclosure, dumps home and sues in Superior Court

9.      Even though Plaintiff sold home, Defendant reported a foreclosure to the Credit Reporting Agencies, causing Plaintiff to become jobless and homeless.

10.  Plaintiff’s attorney reviews all evidence and issues demand letter, stating “I am in possession of copies of all payments made to Guaranty Bank” and warns of lawsuit.

11.  Plaintiff continues to ignore warnings

12.  Plaintiff files suit in Superior Court, Dept. 61, Superior Court, San Diego, California

13.  Defendant files motion for Summary Judgment

14.  Judge John Meyer denies motion, stating:  “There are issues of triable fact.  Plaintiff deserves his day in court”

15.  Suit goes to trial

16.  Plaintiff, having an abundance of documentary proof of having been wrong, waives jury trial to save time and inconvenience to the state.

17.  Trial date arrives

18.  Judge Meyer is clearly tainted from the beginning moments of the trial.  Verbal abuses repeatedly of Plaintiff, frequent scowls at Plaintiff, excessive praise of Guaranty Bank, grasping at straws to enlighten defendant’s attorneys, insolent remarks by Judge Meyer against Plaintiff, public denigration and degradation of Plaintiff in view of both party’s attorneys.  Frequent verbal assaults against Plaintiff in clear view of court employees.

19.  Despite a 5-inch binder of the most complete proof of wrongdoing by Defendant lying on the table, evidence is never allowed to be presented by the Judge.

20.  Trial over before it begins.  Plaintiff threatens to walk out 5 minutes after trial, but attorneys advise against.

21.  Judge rules, “As far as I’m concerned, it’s your own damned fault” and issues judgment against PLAINTIFF in the amount of $78k for Defendant’s legal fees.

22.  Plaintiff forced to file Chapter 7 to avoid judgment.  40-year history of perfect credit destroyed.  Plaintiff becomes homeless, suicidal and under constant psychiatric care.

23.  Plaintiff files complaint with Federal Trade Commission.  Response from FTC:  “Warrants An Investigation”

24.  Office Of Thrift Supervision issues Cease and Desist Order against Guaranty Bank, citing “Abusive and predatory mortgage lending practices”.

25.  Prior complaints to California Commission On Judicial Performance found “No wrongdoing on the part of Judge Meyer”.

26.  Repeated efforts to obtain court transcripts of the trial were stifled by raising the price.  First it was $140, then eventually escalated to $1,600, then told “Couldn’t be located”

 

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-Obvious Conclusion-

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Massive, unbridled mortgage fraud caused the S&L crisis, and has now brought the entire world economy to it’s knees.  Predatory lending has been fostered by every State and Federal lever until the FBI became involved in early 2002, warning George Bush thoroughly that mortgage fraud was “Epidemic”

 

In this case:

1.      John Meyer took special favors, most likely monetary, from Guaranty Bank to make a false ruling on my case.  New BMW Z3?  It was green.

 

2.     35 years in corporate finance, accounting, senior financial management, 2 degrees in Finance and Economics, an upwardly mobile career path, respectable standing in the community for 60 years, all perished and diminished to chronic homelessness, indignation, frequent harassment by police for sleeping in a vehicle, heavy medication for depression, frequent malnutrition and hunger, begging for food in public, denial of food stamps, learning auto repair to unsuccessfully maintain decrepit vehicles, paying extortion in the form of auto towing fees, urinating in milk jugs, badgered by police and security guards,  constant public humiliation, begging for and repeatedly denied disability by Social Security, looking up at basic food and shelter even afforded convicted felons,  and immeasurable hardship and termination of all civil rights afforded by the Constitution of the United States for years

 

I have become a real estate appraiser twice, only to find nothing but blatant fraud as a standard requirement, and have become an expert on mortgage fraud and Mortgage Servicing Fraud in particular.  I have met with the FBI in person on two occasions to deliver names, dates and events of mortgage fraud I personally witnessed.  I refused an offer by Money Magazine to tell my story as a whistleblower.

I am a frequent writer under the pen-name, Stephen G. Bishop of articles and white papers on the subject of real estate appraisal fraud, mortgage servicing fraud and the judges who are tangibly complicit in the circle of conspiracy.

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References

-MSFraud.org

-Mortgagefraudblog.com

-California Mortgage Fraud Reporter

-“The Truth About Real Estate Appraisal” by Stephen G. Bishop

-Senate Banking and Finance Committee – Christopher Dodd, Chairman

-L.A. Fraud Examiner

-Federal Bureau of Investigation – Financial Crimes Division

-Lisa Purvis, et. Al., Special Agents, FBI

-“Couple Evicted Despite Ability To Pay Mortgage” http://www.pennlive.com/midstate/index.ssf/2009/05/couple_evicted_from_middletown.html

-Google:  “False Foreclosure”

-60 Minutes/20/20 – Randall Pinkston, Katie Couric, Barbara Walters, et. Al.

 

I am now having red t-shirts printed with thewords:  "Stop False Foreclosures NOW!!" to pass out to passersby and fellow participants.

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Sara
Very nice indeed!!!

I am very happy for these people!  And the jury awarded fairly too.

S
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4 Justice Now
Stephen,

Damn... and I thought I had gotten screwed. Well it certainly wasn't as bad as what you have been put through. You Sir are truly an American Hero just being able to survive all that. I'll see you either Monday or Tuesday of next week.

Be safe!

V/r,

4J
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The Equitable One
Religiously speaking I'm unaffiliated, so I don't pray.

But you are in my thoughts.

I hope your efforts bear fruit.

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Stephen

Oh, it will.  I filed a complaint with the FBI today, accusing Judge Meyer, et. al. of racketeering.

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arkygirl
Keep going, Stephen, because our judicial system is riddled with this self-serving nonsense! Judges do NOT reveal their vested interests in many of these cases. Sad, but true.

Judge Should Have Recused Himself in Case Involving Contributor, Court Rules

The 5-4 ruling, authored by Justice Anthony Kennedy, is a victory for groups interested in curbing the influence of money on judicial elections.

FOXNews.com

Monday, June 08, 2009

The Supreme Court ruled Monday that West Virginia's chief justice should have stepped down from a case involving his campaign's biggest financial supporter.

The 5-4 ruling, authored by Justice Anthony Kennedy, is a victory for groups interested in curbing the influence of money on judicial elections. "In all the circumstances of this case, due process requires recusal," Kennedy wrote.

Kennedy's opinion was joined by the court's more liberal justices.

"There is a serious risk of actual bias when a person with a personal stake in a particular case had a significant and disproportionate influence in placing the judge on the case by raising funds or directing the judge's election campaign when the case was pending or imminent," Kennedy concluded. 

The case closely resembles the plot-line in novelist John Grisham's 2008 book "The Appeal." 

The case examined Justice Brent Benjamin's decision not to recuse himself from a $50 million lawsuit involving the man who spent millions of dollars to get him elected to the bench. The losing side in the West Virginia mining case before Benjamin argued he should have stepped aside for his "probability of bias" in the case, which involved Massey Coal. 

Massey's CEO spent $3 million in ads to help Benjamin's election.

The Supreme Court had previously only recognized the need for recusals when judges have a personal financial interest or some other closely held personal connection to a case. Monday's opinion expands that reach.

The case also highlighted the concerns some have in curbing the influence of money in state judicial races. Thirty-nine states hold elections to determine who presides over their courtrooms.

In dissent, Chief Justice John Roberts said that the court's decision will undermine, not promote, an independent judiciary. His concern is that "probability of bias" is undefinable and will "inevitably lead to an increase in allegations that judges are biased, however groundless those charges may be."

http://www.foxnews.com/politics/2009/06/08/judge-recused-case-involving-contributor-court-rules/




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Stephen

You see, the judicial community has no oversight.

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Notice how much play the Massey Energy Case gets....Now I've had two recusals and they refuse to help to do crapola for any real hardworking folks who may of had away out of their corrupt non-sense...

I'll be dammed if I'll be nice anymore about crapola...They could of avoided all the STOLEN HOMES but HAVE REFUSED TO HELP ANYONE for the most part! So by any means necessary is what it means to me to continue to fight corrupt individuals and corporations...I know some how I'll prevail...I have to much info just to give up for all of us...

Be Blessed,

Kathy
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Here's some good info on recusals I found....

Another good piece on recusals

This is a good little excerpt here....

Recusal of Judges
Jesse C. Vivian, RPh, JD
Professor, Department of Pharmacy Practice
College of Pharmacy and Health Sciences
Wayne State University
Detroit, Michigan

4/20/2009

US Pharm. 2009;34(4):40-42. 
Mere access to the courthouse doors does not by itself assure a proper functioning of the adversary process.
–Thurgood Marshall (1908-1993), U.S. Supreme Court Justice (1967-1991)1
This is a column devoted to those who think justice is a pure, uncompromising idea. Instead, there are very distinct gray areas when questions arise as to the legitimacy of a judge’s ruling. If you ever find yourself in a court of law, be prepared to ask whether or not the judge might have some undisclosed bias favoring one party over another.
There has been significant media attention in the past few months on judges who allegedly have or had a conflict of interest in a matter coming before the court. Much of the criticism is directed at political contributions to a judge’s campaign to get elected to office. Thirty-nine states require judges to be elected for a specific period of time.2 If the sitting judge wants to keep the seat, he or she will have to campaign again at the end of the term and try to beat off contenders. The point is that elected judges do receive campaign contributions from a variety of sources and in significant amounts. The question becomes, What should judges do when one of their contributing constituents appears before them as a litigant in a legal dispute? One would hope that the judges would voluntarily recuse themselves by not hearing or voting on the outcome of the dispute. Unfortunately, that does not always happen. It should be pointed out that judges in the federal courts are nominated by the President of the United States and, if confirmed by the Senate, hold their jobs for life unless they do something so egregious that they get kicked off the bench. The remaining 11 states have a variety of methods of appointing judges for various periods of time.

Due Process
One of the most fundamental rights that we enjoy as American citizens is the right of due process afforded to each and every one of us, including both the good folks and the bad guys, under the 5th and 14th Amendments to the U.S. Constitution. Those amendments apply to both federal and various state actions against individuals. While most of the actions taken during a due process hearing involve criminal matters, civil disputes must also comply with the requirements of this idea. Due process is the principal that assures us that we are entitled to all of the rights that our government must abide by, as opposed to only some those rights.3
There is nothing new in the idea of due process; the concept implicitly appears in the Magna Carta of England as long ago as ad1215, and a later revision explicitly added the statement, “No man of what state or condition he be, shall be put out of his lands or tenements nor taken, nor disinherited, nor put to death, without he be brought to answer by due process of law.”4 As construed by the U.S. courts, due process includes an individual’s right to be adequately notified of charges or proceedings, the opportunity to be heard at these proceedings, and that the person or panel making the final decision over the proceedings be impartial and unbiased in regard to the matter before them.
One of the primary purposes of due process is to assure that judges, not legislators, will define and guarantee fairness, liberty, and justice to everyone brought before the courts. As you might imagine, this puts an awesome responsibility on those judges who must administer these concepts. The inquiry of how to oversee this duty comes into question when the judge presiding over a hearing has an apparent, potential, or actual conflict of interest in the outcome of a case. But sometimes it is difficult to determine if any bias or conflict of interest exists. Moreover, it is usually the trial court judge that has to decide if he or she is biased or might benefit in the outcome of a trial. If the judge declines to be recused voluntarily, there is not much that can be done about it until the trial is over, when the recusal issue is taken up by an appellate court.
 

USPharmacist.com > Recusal of Judges
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Digger
Stephen:

I am sickened by what happened to you.  Why won't a lawyer take on your case???  Maybe one of the lawyers who visit here will jump in and do what is right.

I wish you the very best and hope you continue to fight.  Your story must get out there and be thoroughly investigated.  Had that been done in the beginning, maybe we wouldn't be in this mess.

We are making progress, so please don't give up.

All the Best.

Digger
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namless
Digger,

I think attorneys do what is profitable and easy. Doing the right thing usually doesn't involve both of those.

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4 Justice Now
Stephen,

I called you earlier today just to let you know that I'll be there on Thursday instead of today (too many meetings that couldn't be re-scheduled). Your phone service stated that your voice mail had not been set up yet and didn't t allow me to leave a message.

I hope all is well, and pray that you the obtain the justice you so rightly deserve.

BTW: I should be there by 9:00 am.

V/r,

4J
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Stephen
Be aware:  Finding an attorney to take your case is nearly impossible, unless it's a young one who doesn't realize what he's taking on.

I went through nearly a hundred attorneys out of the phone book and while they all knew exactly what I was talking about, none of them would touch it because they know you can't win in court.

Face it folks, a Superior Court Judge has a job for life, a comfortable salary,  a bucketfull of bennies, no bosses or oversight and guaranteed full salary at retirement.  They have NO incentive to tick off a bank and rock the boat.
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Sara

Stephen wrote:
Be aware:  Finding an attorney to take your case is nearly impossible, unless it's a young one who doesn't realize what he's taking on.

I went through nearly a hundred attorneys out of the phone book and while they all knew exactly what I was talking about, none of them would touch it because they know you can't win in court.

.


This was the exact problem I ran into too!!!  I knew I had a case though and so did the judge.  So I am not sure where to go with this ordeal now. 

S
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O -

How is it going Stephen?

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Stephen,

It was great getting to talk to you!  I think you came up with a great idea and I am willing to help on this coast!

And your dogs are adorable!

Sara
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Stephen
Tuesday, Week 3
Picked up the new T-shirt with the words: "Stop False Foreclosures" on the front and "Now" on the back.  Red with white lettering.  Cheap promo.

Several attornies have talked to me, all familiar with this site.  Also had a couple of visits from FBI agents (one agent took my picture) and a sitting judge.  Some lady came out of the courthouse and asked me if there was a particular case I was protesting and I gave her the number and told it was 2000.  She gave me a funny look.  I guess Judges think they can hide behind the Statute of Limitations.  Screw that scapegoat.  Continuing tort.  The case isn't over until I say it is.

Changing my sign next week to:  "Dept. 61" on the front and "Jury Trial Only" on the back in case the judge tries to nail me for harrassment.

A LOT of people taking pictures of me.  All are discreet, but I see them and rotate for them so they can read the shirt front and back.

I realize few of you have the time to do this sort of thing, but I go there from 7-9 in the morning and then from 11:30 to 1:00.  Foot traffic is dead the rest of the time.
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Sara
I see you are getting lots of publicity! 

Attorneys familiar with this site? hmmm... wonder if they are friend or foe... FBI taking pictures...

Maybe they will realize there is more to the story than people who just can't manage their money...esp. when these people are having *help* from their mortgage companies and servicers!

Did you get a chance to see what is happening in June Reyno's trial?  I feel so bad for her. 

Why the community seems to think it's ok for June to be done so dirty!  What do these people think?  The mortgage industry won't do the same to them too?  Or are people in San Diego so conditioned now to the property values plummeting that they don't care if their neighbors lose their homes?  the vandels move in?  the drug parties going on in the empty homes?  the yards not being maintained? no property taxes being paid on the repo homes?

People around the country better wake up and smell the coffee brewing!  If it could happen to your neighbor, it can happen to you too!  And the longer this type of abuse of the people is allowed to continue, the bolder the crooked servicers and financial institutions will get!!!

S
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4 Justice Now
Stephen,

I'll try to stop by during my lunch break tomorrow.

Respectfully,

4J




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Stephen
June's completely depressed.  Sounds like she's getting railroaded, she's entirely on her own and getting ground up by the same corrupt machinery that ground me up.

Bottom line is still:  You have no rights.
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Sara
Stephen:

I have tried to write this reply several times and deleted my post.  What I really want to say...well, I might just get banned for my "colorful" post.   

I just feel she isn't getting quite a fair trial, from what people have said that saw exactly what was going on in court.

I really hope that the jurors will be a little more intuitive to see and read between the lines.  I definitely hope these aren't the same ignorant people who posted on the channel 10 news report.  And I hope these people will realize that it could be them next.

S
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Stephen

It's working folks.  If you can, get out and educate the public.  They'll love you for it.

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Sara
Stephen: I am so glad to hear that!  If you help one person to see the "light" then this is all worth it!!!

S
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