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
Good day to one and all.

I am need of information to assist in preparation for a hearing tomorrow, Friday January 29, 2010.

Specifically I am seeking information to use in the impeachment of individuals that have created and executed documents on behalf of Plaintiff Deutsche Bank National Trust Co. I believe these documents to be forgeries, and/or fabrications, created solely to trick the court into believing it has subject matter jurisdiction, to fraudulently expedite judicial proceedings, and that none of the documents memorialize any transaction that has actually occurred. I have some information and evidence in support of my beliefs but have not yet found what the court will acknowledge as being the "smoking gun."

The individuals involved are:

Laura Hescott
Matthew Allan Banaszewski
Sheri Linnabary

I am currently preparing pleadings for tomorrows hearing, typing my fingers to the bone, as it were.

Any assistance and/or information will be highly appreciated.
Quote 0 0

What type of Hearing you are going to defend ?  Your Motion to Dismiss or  Plaintiff's Motion for Summary Judgment ?

Quote 0 0
Margaret
Here is a good article regarding Deutsche Bank.

http://www.billwarnerpi.com/2009/01/thousands-of-homeowners-are-illegally.html
Quote 0 0
The Equitable One
I lost the summary motion more than 18 months ago.

The motion I have before the court is to vacate a void judgment. Plaintiff obtained its judgment by tricking the court into belieing it had SMJ through the use of a fabricated assignment of mortgage. As such the court lacked jurisdiction and the judgment is void.

Quote 0 0
Margaret
http://www.ripoffreport.com/Mortgage-Companies/Ameriquest/ameriquest-what-were-they-hidi-e26w6.htm

Not sure if this is stuff you already have or if it is helpful, just fishing..LOL
Quote 0 0
Margaret

Action Date: January 5, 2010
Location: West Palm Beach, FL

(Part 2 of a Series on Mortgage Fraud and Foreclosure Document Mills) IS MORTGAGE SERVICING JUST A KANSAS CITY SHUFFLE? Regarding the fabrication of documents, despite the hundreds of thousands of foreclosure cases, there are very few cases where the issue of the authenticity of documents, particularly Assignments, has been raised. Assignments are often the critical missing documents in foreclosure actions. When the Assignments have not been properly made, the lender cannot prove it owns and possesses the Note and has a right to foreclose. The issue of fabrication of Assignments may not be frequently raised because most defendants in foreclosure actions are not represented by counsel; inexperienced litigants do not suspect that Assignments may have been fabricated. Only a few lawyers have raised the issue of fabrication, but the issue is clearly arising more often. In the cases where the authenticity of an Assignment has been questioned, the challenges have come most often from judges. Because their dockets are filled with foreclosures, judges are often in the unique position to see hundreds, if not thousands, of Assignments, and compare the names, job titles, and even notary information on the Assignments. The judge who has written the most opinions that include discussion of the validity of Assignments is New York State Supreme Court Judge Arthur M. Schack of Brooklyn. In a 2008 case, Judge Schack wrote: "If these statements are true, then Mr. [Scott] Anderson lied in executing the May 1, 2007 assignment of the Valentin loan... The May 1, 2007 recorded assignment was executed by the same Mr. Anderson, wearing his hat as Vice President of MERS, at Ocwen's office, located at 1661 Worthington Road, Suite 100, West Palm Beach, Florida 33409, and sworn to before Doris Chapman, a Florida Notary Public. The Court is troubled that Mr. Anderson acted as both assignor of the instant mortgage loan, and then as the Vice President of Ocwen, assignee HSBC's servicing agent." (HSBC Bank USA, N.A. v. Candida Valentin, 2008 NY SlipOp 52167 (U), 21 Misc. 3d 1124 (A)). In another case, Judge Schack noted that the same person [Erica Johnson-Seck] signed an Affidavit as Vice President of MERS and 28 days later as an officer of DEUTSCHE BANK. Judge Schack compared the mortgage servicing industry to a con game, saying: "With the assignor MERS and assignee DEUTSCHE BANK appearing to be engaged in possible fraudulent activity by: having the same person execute the assignment and then the affidavit of facts in support of the instant application; DEUTSCHE BANK’S purchase of a non-performing loan from INDYMAC; and, the sharing of office space in Suite 400/500 in Kansas City, the Court wonders if the instant foreclosure action is a corporate “Kansas City Shuffle,” a complex confidence game. In the 2006 film, Lucky Number Slevin, Mr. Goodkat, (a hitman played by Bruce Willis), explains...'A Kansas City Shuffle is when everybody looks right, you go left. . . It’s not something people hear about. Falls on deaf ears mostly . . . No small matter. Requires a lot of planning. Involves a lot of people. People connected by the slightest of events. Like whispers in the night, in that place that never forgets, when those people do. In this foreclosure action is plaintiff DEUTSCH BANK, with its “principal place of business” in Kansas City attempting to make the Court look right while it goes left? (Deutsche Bank National Trust Company v. Ramash Maraj, 18 Misc 3d 1123 (A)). Judge Schack looks at the names of individuals signing Assignments and their job titles, and checks to see whether the same person claims to be an officer of many different banks. He checks the addresses to see how many banks and servicing companies are claiming to use the very same address. He even checks the notary information. In most of the cases, he denies the foreclosure.

Quote 0 0
Deutsche bank at it again!!!!  Ann's questions are pertinent, also what state are you in?  All the assignments that I have seen so far presented by attnys for Deutsche bank are FRAUDULENT!!!  In some instances, assignee and assignor maintain the SAME address. Judge Schack in Brooklyn County, NY called out banks on that... he wanted an explanation why these huge financial instututions maintain the same office space.  Also, the same person has  executed assignment as VP for several banks. For the securitized loan (more than 80% of morgage loans fall in this category), the original lender cannot assign to the Trustee 2, or 3 or more years after the loan was closed - the Pooling and Servicing Agreement's strict rules do not allow for this.

So you are on the right path, but we are not sure exactly what you are replying to and what your case is about on 1/29/2010.

Was discovery done?  I have a pending motion to compel deutsche bank to answer my discovery to be heard on 1/29/2010, and when i called the court today to find out what time my motion will be heard, only for the law clerk to tell me there will be no oral arguments because the bank did not object to my motion to compel, and so the judge will make a ruling.  We'll wait to hear the outcome of that.  There's a trial date in March. 
Quote 0 0
Margaret
ThreeK's this might be the link for Judge Schack story

http://www.scribd.com/doc/20955838/PMI-Ocwen-Anderson-Report-Sue-First-Ask-Questions-Later
Quote 0 0
Margaret
I did find a pic of Matt Banaszewski. It is him too....does not look like much...scruffy looking.


Quote 0 0
Margaret
I did find this story....http://mortgage-home-loan-bank-fraud.com/legal/Maxwell%20v%20Fairbanks.htm

Kind of an old story, but Sheri Linnabary previously worked for ITT Financial, which seems to have been doing some of the same stuff back in the day.
Quote 0 0
Click on link below for a pleading concerning Fraudulent Assignment
http://foreclosuredefensenationwide.com/?page_id=126
Quote 0 0
The Equitable One
Thanks to one and all for the responses.

Unfortunately, I  learned this afternoon that the court has already ruled on the motion - ruled on 1-25, docketed 1-26, arrived in mail 1-28, for a hearing scheduled on 1-29. Funny, eh? A motion is filed, a hearing on the motion is scheduled, and the court rules on the motion before the hearing.

This says to me there are no circumstances whatsoever underwhich the court will rule favorably for me. I presented issues of standing and SMJ, lack of endorsement, no evidence of delivery, evidence in support of a forged and fabricated assignment of mortgage, etc.

Because the current (or not anymore) motion is post judgment I already have an active appeal and my chances of winning are very good. Almost identical circumstances to the Ohio case of Wells v Jordan, and many of us know how well that worked out. If I prevail on appeal I think it will be quite embarassing for the judge in my case to have her decision granting summary to plaintiff back in June of 2008 overturned by a lowly pro se litigant.

Hopefully the thread will continue as there seem to be some good responses.

Additionally I learned of an attorney compiling a database of documents - assignments, allonges, affidavits, etc. - for people to use in foreclosure defense. I'll be in touch with him next week (only talked to his receptionist this afternnon) and will see if posting his database email address is acceptable to him. Many of us here have gigs of information and documents he could add.

Quote 0 0
Margaret
Aweee Hang in there....you can get more information for your appeal.

I am really shocked by the way things have been handled regarding foreclosures & in many cases, it is still going on.

In my area these Law Offices are tipping off investors on what to bid for a home....bid rigging...I never knew how deep it all went.

I feel for those of you who are on the front lines. The more information we get the better.

I will continue to look for you. I enjoy research and if one of us wins we all win. I like coming here since you guys are going through the same problems.

It would be nice to get these three you named to a deposition...






Quote 0 0
The Equitable One
I do expect to win my appeal. Upon Plaintiffs refiling of another action I will be much better prepared with counter claims, affirmative defenses, more knowledgeable in re procedure, etc.

When the present suit was initiated I was completely ignorant. Rather a marvel I've staved off eviction for 2 years thus far, and have such a strong appeal. I claim little credit for myself actually. I've been able to do this only by having contact with people on this, and other sites.

So I do anticipate being able to depose them. Alas, that is some ways off into the future and it seems in the meantime I may have to endure some additional hardships.
Quote 0 0
     The lesson here is always get your paperwork filed at least 10 days before the hearing, schedule a court reporter, and always send a copy
of your pleading to the opposing side by certified return receipt mail at
least two weeks in advance of the hearing, otherwise the Judge won't
take it seriously.
Quote 0 0
The Equitable One
Margaret,

An interesting story. The comments in re "recoupment" shed new light for me. Previously I've been considering arguments centering around the doctrine of equitable tolling.

As for Linnabary I saw nothing in the article regarding her. What is your source of information on Sheri Linnabary?

Quote 0 0
Margaret
Well, if it is the same Sheri Linnabary that I think it is (not a very common name) she worked at ITT Financial Services from 1983-1988. Not in Massachusetts, but in another state. She also worked for Option One Mortgage & is now at another bank. Though her work experience is missing a good 15 years with no job, but maybe she raised her kids....either that or she is omitting this from her resume for some reason.

After reading this article regarding Ms. Maxwell I noticed the company that gave her this loan was ITT Financial.....kind of shows a pattern here.

How many Sheri Linnabary's work in the banking/mortgage industry?
Quote 0 0
Holy Cow! What an eye opening post. I received Lis Pendes and Complaint to Foreclose from Deutsche Bank and the Law Office of David J Stern. Okay now knowing this, what can I do? Can't afford attorney and in Florida you have to be below poverty level to get Legal Aide, which thankfully I'm not. I have already requested 60 day extension June 23 and just conveniently received approval now with 20 days left to Answer. What do I do? Any suggestions are appreciated.
Quote 0 0
Hi Cristel,
I collect many foreclosure Defense pleadings written by excellent Florida Lawyer. I guess you are in Florida as you are sued by David Stern. Send me an email at ocean11@the-beach.net, I will email them to you. Hope this help.
I know an excellent Florida Foreclosure Defense Trial Lawyer D. Graham Esq. 305-445.9185. His fee and his payment plan is reasonable and affordable . He is my lawyer and all people I refer him to are happy with his work. Fighting foreclosure pro-se can delay the Summary Judgment for a while but it is difficult to win the lawsuit without the right defense lawyer.

Check out these helpful websites:
If the bank files Foreclosure lawsuit against you and you can't afford an attorney, you can find some info how to defend yourself at these websites,

http://www.avvo.com Free legal advice
http://www.foreclosureprose.com Lot interesting info.
http://www.livinglies.wordpress.org
http://www.msfraud.org Read the blog
http://www.4closurefraud.org
http://www.gingolaw.com
http://www.mattweidnerlaw.com/blog

DON'T WALK OUT FROM YOUR HOME - FIGHT FORECLOSURE TO SAVE YOUR HOME
Florida Supreme Court affirmes : No Notes No Foreclosure.
Foreclosure defenses are available because of the securitization of the Notes to Trusts, who sold unregulated securities to investors for three times the value of your Note. Like any Ponzi Scheme, it has holes.

You CAN win!

There are Forged notes, lost notes, intentional destruction of notes, unauthorized people signing mortgage assignments or endorsing notes, missing documentation, fraudulently fabricated documents, and different plaintiffs foreclosing on the same property, plaintiffs who do not exist and the inability or refusal to provide proof of purchase and/or ownership of the promissory notes.

These are some of the situations in foreclosure cases that were dismissed by Florida Courts.

In addition, there are more and more claims arising from predatory lending practices of the Plaintiffs bank; including, violations of state and federal law, deceptive trade practices, and unfair or abusive debt collection.




Quote 0 0
You can also find many foreclosure defense info in my threat "Tactical Consideration in Foreclosure Defense" in this forum.
Hope this help
Quote 0 0
OneObserver
Help, NY Judge won't allow us oral Argument on the basis of 'we have too many cases'. Plaintiffs falsified documents (affidavit of personal service on a day I was out of town, falsified my signature  on mortgage, notary oath appears on an unrelated page and not under the signatures it is supposed to oath, etc).

How do I get the judge to allow oral argument? he's already declined it once on a reply affidavit. Thank you.

Quote 0 0
Write a reply...