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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Who is Going to Stop This? - Will You Fight Back?

Irrefutable evidence of fraud, forgeries, aggravated perjury, filing false statements to obtain property, documents obtained by deception, extortion, and a lengthening list of indictable crimes are contained in, at the very least, hundreds of thousands of what are being called wrongful foreclosure cases.  The evidence concludes that these were not wrongful foreclosures or evictions, theses homes were STOLEN. 

The evidence does not create a legal question of material fact as to whether the foreclosure/eviction is void or voidable.  The (certifiable) evidence confirms the foreclosures are VOID ab intio (Void from the beginning).  

So where is the outrage?  Many of us are outraged that there isn't any outrage. 

Why aren't we seeing these prima facia theft of property cases reversed with damages through a summary proceeding, followed by criminal indictments? Earlier this year, MSFraud spoke with a chief magistrate judge in Ohio and asked "What remedy do homeowners have now that they can prove that faked documents were used to steal their homes?" The judge said "The courts will have to undue each foreclosure one by one".

Because this has been allowed to be turned into a epidemic, the courts and our legislature must provide the victims of this theft by swindle scheme an economical and accelerated remedy.  Those financially and emotionally devastated by these crimes don't have the funds or the mental or physical endurance to go through a multi-year lawsuit against the criminal enterprise the government helped swindle $14 Trillion dollars from all present and future taxpayers.  

Attorneys, or even legal writers, should be able to draft for a nominal fee, a template with a court order for the judge to sign, so homeowners can fill it out, attach their "certified" evidence and proof of legal ownership, notarize it with proof of identity, and get their property returned and the clouded title expunged... at a minimum.   Quick and easy.  No hearing needed as we do not need any more evidence of perjury or fraud upon the court.  The fraudsters have already provided everyone with plenty.

Why are the banks and their criminal conspirators allowed to continue stealing properties after law enforcement and government have witnessed the criminal evidence?  Every day, the situation gets worse because nobody will stop it.

For those who don't know, this scheme of stealing homes using faked documents actually began 20 years ago in the early 90's, but the criminal enterprise was successful at keeping it hidden and anyone who threatened to expose it was silenced or their illegal profits were used to ensure the court turned a blind-eye.

Fight back.  Your future success or failure is being written now.  Please help write it so there will be a better chance of a happy ending.

P.S. A case to watch is the Ohio Supreme Court case U.S. Bank v. Duvall. The Court should be insulted that it is having to answer this common-sense question: 
"To have standing as a plaintiff in a mortgage foreclosure action, must a party show that it owned the note and the mortgage when the complaint was filed?"

MSF

The following came in our mail this morning (as is) and we thought it may help those in California and elsewhere:

Vice President, Mortgage Electronic Registration Systems, Inc., as nominee for American Home Mortgage Acceptance, Inc

ATTACHED TO THIS DOCUMENT OTHER DOCUMENTS SIGNED BY LINDA GREEN THAT SHOW THE VARIATIONS OF HER SIGNATURE

IT APPEARS AS IF THE SIGNATURE OF MS. GREEN COULD BE A FORGERY.

A forgery is a writing which falsely purports to be writing for another and is executed with the intent to defraud. Ordinarily a forged instrument cannot carry title.

THE SIGNATURE BELOW IS THE SIGNATURE IN THIS ASSIGNMENT OF DEED OF TRUST:

THE FOLLOWING SIGNATURES ARE FROM DIFFERENT DOCUMENTS RECORDEDIN DIFFERENT COUNTIES:

THIS WHOLE SYSTEM IS A FARCE. A BROKEN DOWN, FRAUDULENT, SHAKY, DISHONEST AND TERRIFYINGLY CORRUPT SYSTEM.

The press and the general public is starting to pick up on these major systemic issues that judges, attorneys and other insiders have known about for some time…when the whole system collapses we’ve all got a real mess on our hands.

As we all struggle to unravel this monstrous mess, breaking down capacity will be a key focus in the problem. We’re all going to be searching around to determine who to sue and where to sue them, but because the courts failed to enforce the most basic pleading requirement….i.e. specifically identify who the parties to the lawsuit are, this is going to be most difficult.

One of the persistent and most pervasive problems in the whole foreclosure crisis is the inability of any party to get reliable or credible information about what is owed on a mortgage, who that phantom amount is owed to and what negotiated amount a lender, servicer or other party involved in the transaction might accept to modify or short sale the underlying loan.

A very concerning issue is the publication on the MERS website of information that identifies who the servicer on a loan is and who the investor in that loan is. But, neither the servicer or investor matches up to the information in many cases.

When you combine all this information with the depositions of Robo signers that are posted on many website, you’ll understand that in a large number of cases, the only connection between the plaintiff foreclosing and the mortgage being foreclosed is a sloppy and hastily executed Assignment signed by an officer that has no corporate authority and has no personal knowledge of the information contained on those documents.

It’s simply not okay to use the “robosigning” practice in the non judicial foreclosure states because these foreclosure cases don’t have to go to court.

The following are some of the most clear legal reasons why the Robo-Signer Controversy should entitle hundreds of thousands of homeowners wrongfully foreclosed and evicted to sue in non judicial foreclosure states. Robo Signers are illegal because fraud cannot be the basis of clear title, trustee's deeds following Robo Signed sales should be void as a matter of law, notarization is a recording requirement for many of the documents, which was often botched, and most importantly because robo signed falsifications are meant for use in court, including unlawful detainers and bankruptcy matters.

CALIFORNIA

1. Clear Title May Not Derive from a Fraud (including a bona fide purchaser for value).

In the case of a fraudulent transaction California law is settled. The Court in Trout v. Trout, (1934), 220 Cal. 652 at 656 stated:

"Numerous authorities have established the rule that an instrument wholly void, such as an undelivered deed, a forged instrument, or a deed in blank, cannot be made the foundation of a good title, even under the equitable doctrine of bona fide purchase. Consequently, the fact that defendant Archer acted in good faith in dealing with persons who apparently held legal title, is not in itself sufficient basis for relief." (Emphasis added, internal citations omitted).

This sentiment was clearly echoed in 6 Angels, Inc. v. Stuart-Wright Mortgage, Inc. (2001) 85 Cal.App.4th 1279 at 1286 where the Court stated:

"It is the general rule that courts have power to vacate a foreclosure sale where there has been fraud in the procurement of the foreclosure decree or where the sale has been improperly, unfairly or unlawfully conducted, or is tainted by fraud, or where there has been such a mistake that to allow it to stand would be inequitable to purchaser and parties." (Emphasis added).

If forged signatures are used to obtain the foreclosure it makes a difference!

2. Any apparent sale based on Robosigned documents or forged signatures should be void and without any legal effect.

In Bank of America v. LaJolla Group II, the California Court of Appeals held that if a trustee is not contractually empowered under the Deed of Trust to hold a sale, it is totally void. Voidness, as opposed to voidability, means that it is without legal effect. Title does not transfer. No right to evict arises. The property is not sold.

In turn, California Civil Code 2934a requires that the beneficiary execute, notarize and record a substitution for a valid Substitution of Trustee to take effect. Thus, if the Assignment of Deed of Trust, the Substitution of Trustee or the Notice of Default are Robo-Signed, the sale should be void.

3. These documents are not recordable without good notarization.

In California, the reason these documents are notarized in the first place is because otherwise they will not be accepted by the County recorder. Moreover, a notary who helps commit real estate fraud is liable for $25,000 per offense.

Once the document is recorded, however, it is entitled to a "presumption of validity", which is what spurned the falsification trend in the first place. California Civil Code Section 2924. Therefore, the notarization of a false signature not only constitutes fraud, but is every bit intended as part of a larger conspiracy to commit fraud on the court.

4. The documents are intended for court eviction proceedings.

A necessary purpose for these documents, after the non judicial foreclosure, is the eviction of the rightful owners afterward. Even in California, eviction is a judicial process, albeit summary and often sloppily conducted by judges who don't really believe they can say no to the pirates taking your house. However, as demonstrated below, once these documents make it into court, the bank officers and lawyers become guilty of felonies:

California Penal Code section 118 provides (a) Every person who, having taken an oath that he or she will testify, declare, depose, or certify truly before any competent tribunal, officer, or person, in any of the cases in which the oath may by law of the State of California be administered, willfully and contrary to the oath, states as true any material matter which he or she knows to be false, and every person who testifies, declares, deposes, or certifies under penalty of perjury in any of the cases in which the testimony, declarations, depositions, or certification is permitted by law of the State of California under penalty of perjury and willfully states as true any material matter which he or she knows to be false, is guilty of perjury.

This subdivision is applicable whether the statement, or the testimony, declaration, deposition, or certification is made or subscribed within or without the State of California.

Penal Code section 132 provides: Every person who upon any trial, proceeding, inquiry, or investigation whatever, authorized or permitted by law, offers in evidence, as genuine or true, any book, paper, document, record, or other instrument in writing, knowing the same to have been forged or fraudulently altered or ante-dated, is guilty of felony.

The Doctrine of Unclean Hands provides: plaintiff's misconduct in the matter before the court makes his hands "unclean" and he may not hold with them the pristine remedy of injunctive relief. California Satellite Sys. v Nichols (1985) 170 CA3d 56, 216 CR 180. California’s unclean hands rule requires that the Plaintiff don’t cheat, and behave fairly. The plaintiff must come into court with clean hands, and keep them clean, or he or she will be denied relief, regardless of the merits of the claim. Kendall-Jackson Winery Ltd. v Superior Court (1999) 76 CA4th 970, 978, 90 CR2d 743. Whether the doctrine applies is a question of fact. CrossTalk Prods., Inc. v Jacobson (1998) 65 CA4th 631, 639, 76 CR2d 615.

5. Robo Signed Documents Are Intended for Use in California Bankruptcy Court Matters. One majorly overlooked facet of California is our extremely active bankrtupcy court proceedings, where, just as in judicial foreclosure states, the banks must prove "standing" to proceed with a foreclosure. If they are not signed by persons with the requisite knowledge, affidavits submitted in bankruptcy court proceedings such as objections to a plan and Relief from Stays are perjured.

The documents in support are often falsified evidence.

CONCLUSION

Verified eviction complaints, perjured motions for summary judgment, and all other eviction paperwork after robo signed non judicial foreclosures in California and other states are illegal and void. The paperwork itself is void. The sale is void. But the only way to clean up the hundreds of thousands of effected titles is through litigation, because even now the banks will simply not do the right thing. And that's why robo signers count in non-judicial foreclosure states. Victims of robosigners in California may seek declaratory relief, damages under the Rosenthal Act; an injunction and attorneys fees for Unfair Business practices, as well as claims for slander of title; abuse of process, civil theft, and conversion.


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Foley
I use to wonder why people didn't fight......I use to think it was that attorney's didn't make the right arguments....and then I spent time sitting in the courtroom and watching.   It's the judges in California.  Corrupt beyond belief.  Appeal and get it in front of the Appellant court.
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Digger
Foley, you are exactly right.  Many of us continue to maintain that this crisis would not have happened without the help of a corrupt/corruptible judiciary that allowed bank lawyers to repeatedly beat them with their stupid-stick. Some appellate courts are just as guilty.

There are simply too many verifiable stories along with court and land records to prove it.

If every foreclosure judge was Schack-like (and more and more are getting to be that way) this country wouldn't be in this situation and maybe the banks would not have been bailed out. 

Since the collapse, many fraudsters reported record earnings and bonuses.  Then they received the multi-trillion dollar bailout on top of that.  
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Foley
I heard all the stories about the courts and didn't believe it.  I started going into the courts to see what transpired, twice a week on my days off and  I still do.

To put it mildly,  there is something wrong with what's going on. Judges are not following the rule of law.

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cww
With all the proven facts and all the court decisions that show this is going on , it is absolutely crazy that it just continues . In states with judicial foreclosures there is a system to at least try to address this but in non-judicial states the wrongful foreclosures never are even slowed down . What would be the process to get a petition started to at least get a moratorium on foreclosures in non-judicial states ? Until something can be figured out .
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Thomas
But what can we do about it? I am in Ohio, a judicial state. I have been fortunate enough to afford to go toe to toe with these guys. I have beat 3 summary judgment motions. I have filed twice for dismissal with black and white proof. I was forced into mediation when they had not even proven they owned the loan. I went and told the mediator I wouldn't sign anything until they proved they owned it. Back to Court.

A final settlement conference took place where they tried again to get me to settle. I told the judge straight out that he had not made them prove they owned my loan and I would not settle. His response was "Lets just say for a moment they don't own it, you do know someone does right?" I wanted to slap the smirk off his face but instead I told him yes your honor and that is why I am still fighting. Because they are not the owners and can not make me pay without the signature you are trying to help them get! The smirk was gone after that

Needless to say after all this trial is still coming up and based on all I have seen, even with all the proof I have submitted, I will probably lose. Fortunately Ohio Appellant Courts are much more with the times and I'm positive I will get it overturned. But what hope does this give the average homeowner who can't afford to fight?

Something really does need to be done about all this and real fast.

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cww
O.K.      It is obvious the banks have everyone deathly afraid to sign a petition.   How about this , could we get everyone's five top favorite articles about wrongful foreclosures to put into a letter for people to send to their legislators . 
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cww
Look , after I thought about it I realized that I would be uncomfortable signing a petition .   A printable , anonymous , form letter with the top five most dramatic and informative articles that a legislator can easily find , might help .   A lot of information that has been written here is great stuff but most of us simple people that do not have a lot of money for an attorney can not use it .   A form letter that tells the legislator that he and all other legislators now have the information they need , might take make them take a closer look .  A lot of legislators have heard things but have been busy with other projects . Something they can read in an evening may help . If nothing else they will know that everybody else knows that they have the information .
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Thomas
Not really a bad idea cww. But as you said it has to be to the point and make certain points crystal clear in a short as possible manner so they will actually read it.

If you want to do this, then lets lay out the specific points we want made and start looking for articles or other such information. Then we can choose what to include and put something together. Hell maybe it can even be a weekly newsletter if it takes more than one letter to get all the points included. I'm more than willing to help, especially here since I would have lost my home long ago without this site.

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Stephen

Tell me all about it.  Guaranty Bank wouldn't have been able to trash my life without the help of Judge John Meyer, San Diego Superior Court, Department 61

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Steve
"Something really does need to be done about all this and real fast."

Nothing will happen fast. The courts move slowly.

One possibility that might help would be filing suit against the judge.  In cases where plaintiff lacked standing, and thus the court lacked jurisdiction, judicial immunity may not apply. 

This is something that would require some very deep research, and I imagine there to be some peril in filing a suit like this.
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