Monthly Archives: October 2012

Wednesday October 10th 2012 new cartridge from staples dry, phone call to scott renshaw, and about mean manipulative people

Yesterday,  I was supposed to have an ink cartridge delivered…  from staples… well as it so happens the thief struck again… what a low life scum bag right?… I go the package from staples and the ink  cartridge was empty. And missing the plastic seal that   keeps the ink from drying out… this is the second package I received since ordering  it on the 3rd of October and  still not one ink cartridge that actually works…   option that staples would actually send me mary  jean Ziska  two  defective  ink cartridges is probably rare but what is even worse….  Is that it is most probably the same criminal scum that has recently set up a bank account in  my name… a criminal thing to do…. And stealing or tampering with the mail is  a criminal thing to do.. real criminal thing to do…. An actual   felony offense… these two most recent  criminal activities …. Well to be perfectly honest I lost it…   and so going back  to when I moved into this condo in 1999…. And who the hell were  the people stealing form me… lying to me.. and ruining my life….

I moved in here  1999 believing the best… and having the worst 13years of my life….  People who scammed  lied and cheated me out of money, stole my identity stole anything and everything they could get their grubby  disgusting hands on… and I look back at how was good and who was not good…  ..i have mentioned all the time that the guy who said he was  gerard alher… BAD you know the idiot who claimed to  be mafia and so wanted to ruin  my life when my sisters and mom thought he was the scum of the earth.. the sweat suit wearing  pig from Brooklyn new York and  who knows …. Of that was really his real name… I think most every person I have met in the past 13 years has been bad… they have their criminal motivations and ruin lives on purpose… the guy who  I told you pretended to be alex novack … same fat gross criminal scum lilke gerard…. Same scum like farzad… remember the Iranian drug dealer who claimed to be a part of the mafia and who also claimed he would protect me and my home… and instead stole from me…   anyway… the same as the ass who was or does drive around in the lime green jeep  with the white haired girl….

Who  stole everything from me it s not just time.. or possessions.. or all the lying or cheating or manipulation… its not just one of those  alone. It is all of it put together… and they ruined my life for money… for money they could steal off my mortgage.. for money they could make by stealing my faux painting business… or the babysitting business…. Or the etiquette school….  By stealing all the assistance my friends  or family would have provided…  by putting me through hell so they could try to collect … all the lies to hurt my reputation.. to ruin my life…  stealing food… clothing jewelry… stealing opportunities… so some little girl who would spread their legs and have a bastard kid.. would get to benefit from all their illegal activities…like I said what scum….. 

So I tried to call a person who was supposed to be my friend… and he was supposed to be called  scott renshaw  and to have lived in Texas… when I first met him he had rented an apartment from my mom…  anyway I tried to contact him yesterday….. and he wasn’t acting very much like a friend on the phone ….he seemed to forget tha t I  was the friend who tried to make   his daughter feel comfortable at my home while he was trying  to  entertain her… that I was the person who made those  care packages with soup and crackers and   a DVD….. and  Kleenex and meds…that I made those speg. Dinners for them  ….and  put out games for them to play .. or they used my community pool or rode my bike  around the complex…   that I was the person who  was nice and sweet and passionate about life and  he said he was a true friend…. But now  I am wondering and I asked… him…. since there were or still are girls pretending to me … who was pretending to be him…  I asked him when he was here /or would bring over  his daughter  on sat  morning.. if the other girls they would  visit had a printer like mine… someone who would be using my ink cartridges….someone who had access to coming into a gated complex… and who had no morals and values… and would steal a package from  in front of my door…. .i asked a lot of questions these past few days and I want the truth  and I want real answers….

 

Deep down  I hope  I am the same great person… but  on a daily basis when you have someone  destroying your  life and everything you want…..so that  some imposter bitch can steal my life…. It changes things… I  would  say yes I have changed ……but my entire life has changed and not at all for the better….. that I often invited him over for dinner  or to play scrabble or cards…. or who had him over to help celebrate  my mom’s mother’s day  with a  brunch.. or that we actually went to  church together and I made brunch afterwards…  and that this past visit… for father’s day I got him a gift of channel cologne and a bunch of dvd’s  and     this cool aston martin hat and keychain… as part of a b-day belated gift and  father’s day  gift  and to say thanks for being a friends … 

That’s what you do for friends .. you  do nice things for them you make their lives easier you protect them from harm… and you  share hopes and dreams and you  don’t  lie to each other.. you don’t harm each other and you don’t  use each other for your own selfish intent… right?  That is what I was raised to believe … but then I was raise to believe in love and  friendship and all that was great and wonderful… I was taught not to lie.. not to steal ..not to scam or harm others…. And those beliefs  are great… in fact it was wonderful…….   most of my life I was surrounded by people who had the same  beliefs.. who  were genuine friends. And who made life worth living… made life ..every day wonderful…..

So I called up scott… because i knew when he would bring in his daughter to visit I was not the only person they would visit in the complex…. It’s what these people do …. It’s not very genuine but it is what is done… maybe they would come for breakfast then go elsew
here for lunch if there  wasn’t enough to do…. If they didn’t have fun….  They would  go elsewhere for dinner.. or some third or 4th place to spend the night… ….. it’ s just what they did…..and  since scott and I were friends… or  were supposed to be friends I didn’t  care what boys or girls were being  visited… but tonight I cared.. I wanted to know if somewhere in the strand… in my complex… where I was supposed  to have wonderful years… I wanted to  know …… in my complex was there somewhere…..  someone who had the same  printer.. the same person who used my same ink cartridges….who tampered with my mail  …..  The ink cartridges I was buying… and was receiving empty….

 

MY  ink.. the ink I keep buying  and she /he keeps using…. On my dime …

I wanted to know from the person who was supposed to be my friend on the phone…  if when they rode bikes around the complex… if when they went to Annie’s Place or where ever….  if they had ever seen a  printer that used my  same ink….

 I want the truth…. I want to know who might be the culprit.. the manipulator and the criminals….. are thy my immediate neighbors?…. Who have been in my home.. or stolen  from my door stop?… is it the same reason my alarm goes off all the time?….i tried to call my upstairs neighbor  Sally  Russo and   no one  answered.. but there is  someone staying g up there….i can hear someone upstairs….

Alarm for  this past week:

Starting on the  October 6 ,  9:45pm

Then again at 1:33am on  October 7th 2012

Then again 12:01am on Sunday  October 2012

Then again 1:37am Monday October 9th 2012

Then 2:39am /then again at 8:36am  then this morning at 8:47am

Its not a short in the wiring…. When it happens around the same time…. And if someone   is sneaking in and out some way that is  making  my alarm in my attic go off… it may be the same person or persons  who are  stealing my mail… but the scott on  the phone tonight was an ass… tried to make me look bad because ei was upset…. It was not my friend… on the phone… he was trying to say I was  someone who  yells all the time… same as yesterday  wanting  to make me seem bad …. When I am upset… upset for feeling  violated… a real friend would  try to help and would tell the truth…. not make up a bunch of lies…. Especially about their friend… almos tlif ethe “grunting”  Felony fred… ugg

Yesterday  I wanted to know  from the scott on the phone .. how many guys were in my house pretending to be scott renshaw… I mean if I have an identity thief… out there… scott  had told me when we first met about travelers /or gypsies or some criminals  who  stole from his  family… I would think he would be worried about someone stealing his identity… but the person on the  phone  seemed to think it was alright to have someone impersonate him and to steal from me… or harm my life…  I mean  it would bother any “real person” if someone is  pretending to be them  …..  in the  process maybe committing a crime or two….

Hell it bothers me all the  time that some bitch set up a bank account in my name or steals my birthday presents  or Christmas presents or my cards.. or my mail….

I have been really upset about theft  all types of theft…. I  went online  when I started thinking back to people I have met… who was  good and who was not good…who was a criminal who lied cheated and stole from me…. …. .and all the fake imposter people….

In Sarasota a women who said she was  micki springer…. jerry springer ‘s wife….. well I went on line and googled  her…. And the person they showed in the picture was not the woman I had met… I thought of the times I had driven to sarasota   to get my hair cut… to take an  art class… and met up with this person …. For lunch or to visit…  it’ s not  that I care  if the person I met was really  married to jerry springer or not  but why lie about it?….  And  I took classes in Sarasota… in around 2002-2003…… I would be gone for hours…  so who was in my home while I was gone?….what trespassing idiot was ruining my life… while I was trying to build a future here…. Did they go through  my  paperwork.. my bills my bank statements….  Were they having people over in my house pretending it  was their house…. I had no alrm , no extra locks  kept paperwork in file cabinets and not even locked up… I had a false sense of safety and security…. I had no idea  these idiots had even begun duplicating credit cards… and call phone bills..  that  the suggestions made were only to harm my life… instead of make it great….   That the people who made these suggestions were not my friends…. And only harmed my life… and ruined my life on purpose… that maybe even the picture of the man who looked somewhat like my dad and  was sitting on Karen kahels counter… that this man  may have been in my house with  the bitch who was stealing money from my mortgages…  that these people these group  of con-artist scum  “ wanna be actors… ha.. no just slimy con artist… who actually even go as far in their scam to dress up as if they were playing a role…so they can just steal more convincingly…. these con-artists… scum….are not my friends… are not good or great or noble or wonderful or great….   They stole   every thing that was supposed to be a part of my life…. I want to know each and every person… I want to know what they did and I want them to be held accountable for their actions…    I learned to hate because of them…. And I learn how to hate them more  and more every day….    

 

 now that I know more about  these con-artist and how they work…like how karn  kahel… would trespass into the strand… she would walk over her baby carriage or run in past eh guards…  how I actually believe she was trespassing from the beginning…how my neighbors with the gold infinity and the ohio state licen
se plate must have allowed her to come into the strand.. allowed her access so she could   bully me…. After her having  a few years of not being  officially allowed….. just  trespassing… like the criminal she is…. They allowed her   to come into my complex… was she using the pool ?the club house? Was she the bitch who screwed guys in my bed while I wen toaway on weekends to see my sisters… and left the mertle beach golfing emblem in my bed? …..

while innocent me…. Believed people I met were friends… that life was great… and was clueless of how they were already in motion to run my lie… and steal everything I had…. Was the bitch that jelious…. That I had a loving family… was happy…. That I wasn’t the person  who was  screwing guys to get a BMW?????

And I was  happy….i moved into my condo very  happy….. worked  to create a business and a life i wanted….  Making plans for my future which she ruined on purpose….

The jelious  little bitch from Ohio state…. Really was the ultimate con-artist from hell…. Their whole group is …. Was and will forever be…. Like ….How  a “mathew kahel”  working for David j Stern 2006 1 year after I babysat for her and her son greyson…  (david j stern…. who was a crook….. an article actually connected  him to organized crime…. ) any way… she /he tried to get my home by trying to foreclose on  my home without residential funding  having lost the  original note….   And  they may be even  be part of the same slimy group  who  stole money off my mortgages…from the beginning… if she was trespassing from the beginning… she was probably breaking and entering and  lying and cheating and stealing  from the  beginning as well….  I have never hated anyone more…. Except gerard alher.. they are a tie… both criminal scummm

 

so I asked scott yesterday if he knew who pretended to be him… who may be bad…. The person who looked like scott renshaw who was talking the   trespassing Karen kahel once when I came back from a rebecca st jame concert….  Early…..  who was the  fake scott renshaw who was living as my roommate who went to the notebook movie when we went with my mom and her husband ( at the time) don kensig…. And   who was the guy wanted to make sure that this girl ( same white blond hair) didn’t think we were together…like  we had gone to the movies as a couple…. Which we didn’t … ..   I don’t  care who my friends date I just hate people who bully me who steal from me and who lied to me… and I will forever hate Karen kahel  and her look alike team of  criminal bulling trespassing scum….    

 

who  were the idiots… who suggested horrid situations for me to endurue….   that ruined my life…  and that were created  on purpose… all done with malicious intent and all done on purpose….  all on purpose…. and how group  of conartist  would put an entire group of kids from different families  together  and claim me they were all  in the same  family and have me babysit…   then I would be out to f my home .. and that was when  I had break ins and when I was missing items or my air conditioning  could be  turned down too low or   things may be out of place..  just a bunch of trespassing criminal scum…. That is not friends…  like the  fake idiots  who bullied me on  the phone….

So also last night I called to find out what year was my roommate who called himself scott renshaw reading “what to expect when you were expecting”…. The person on the  phone said he never read it… which I know my roommate who was living  in my master bedroom was reading it….same time he would play spider solitare …on the computer….

So this question popped up after I had a “mom “ on the phone who told me that a woman from carlton lakes wanted to check  on  renting   one of my moms apartment… this girl  had a 7 year old daughter… about the same age as the fake tyne orr who looked like karen kahel…. And stole my christman present the  kakhi cashmire sweater when i was babysitting….   and same age as greyson  …..hummmm ….and  the same time frame when money and mortgages were messed up…  money was stolen from my mortages…..that is mainly what prompted the questions…. Calling  scott… calling my mom….

Actually it started me thinking of things even  the day before when my mom  got 4 cartridges form staples and they were all  empty not working… from staples…  then when my mom said she would come on Sunday to    have breakfast… and I stayed up all night not only working but made pancakes.. made choch. chip cookies.. and  made French toast and  got the whole place ready for breakfast… then the fake idiot  on the phone…  didn’t return my phone calls and instead went to a pancake breakfast????? That is not like my mom at all….My real mom would never be rude like that  that… never steal form me… or  harm me ever….  …. It’s the same as the bitchy fakes on phone who egg me on and bully until I get mad they seem to like seeing me cry or get angry or manipulating my life for their selfish advantage…   the bitch will actually try to say that is how I am… when my mom loves me and knows who I really am and my friends know how I really am but after 13 years of not being  able to talk to my real family  and friends on the  phone…. I miss them every minute of every day….. I hate  talking to a bunch of criminal  manipulative ass holes on the phone.. who lie and cheat and  steal everything  they can I really think the majority of people i have met must have been bad…. Really bad….….and because of them  everything has changed  and  I have hated every minute of it….and i hate them for it….

Every minute of every day I miss my life my friends and my  family and  every minute of every day I hate manipulating scum who ruin lives.. who are criminal low life scum…..  I hate them more and more every minute of every day….

 scum … but it’s the same criminal scum   who are not my family and not my friends   who steal from me  who steal businesses…. Who will steal anything.. it’ who  they are.. it’s  who they will always be… it is nothing like anyone I ever wanted to meet in my life… EVER and it is  never anything I wanted  in my life…   BUNCH OF FREAKS>>>>>but worse entire families of criminal freaks…

here is another example of  people  and their dishonesty that makes me really suspicious of wht they have really done  to my life…s… of what they have done  to harm my life…. ….  Like felony Fred.. and his side kick…. criminal casey… Casey supposedly went  to Duke…but now I don’t believe it…I think again they were  both  liars…  I think that casey and Fred knew each other… and it was just another manipulation to control  the situation…. Like me not being  allowed  to  get a new security system… that was while they were  here… three days I waited…. And I got to cry and  non real concast person ever showed up….. like the $300 fake bill for Comcast  bill that was their scam…. All their doing….all their lies…. And who knows if they were not related to the  girl with dark skin in the picture that was with karn kahel in greyson’s room… when I babysat for him… birds of a feather stick together so since Karen kahel was eviil and a bully to me…. if she was evil and  a bully her friends would be the  same…. And her friends family would be the same…..

So who knows can you imagine … if that bitch was still manipulating my life to  lower my lifestyle and putting her criminal friends in my life….  In my home…. Ugg…. Get a life you bully trespassing bitch….. Karen kahel wish I had never ever had her in my life… what a destructive  piece of scum from ohio state…. Ugg…. But if she is still trying  to manipulate things… because she is still stealing money and what????  …this is what is weird… . Especially  when my mom got a call  from a girl who had a seven year old daughter and wanted to rent one of my mom’s apartments…. What came to mind when it was carlton lakes…. Where the bully bitch lived…  and since her son greyson may be around 7… and the fake tyne  orr  (gir)l who looked like Karen kahel so much so that it freaked me out… and who stole  my sweater when I was babysitting.. and was about 7 years old too… I was wondering  who the hell was  trying to get into my mom’s house?…. Hummm ……..Plus I had an idiot on the phone trying to tell me that my mom ‘s business  isn’t doing  well and she is going to sell her house… all kinds of lies like that  idiot who wanted my mom’s silver or her wedding dress….  in fact I had some idiot on the phone who was measuring… her floor space…. and all I could think of was the scam artist fake alex novek who was the criminal scam artist who wanted $7000.00 dollars for wood floors …. Wanted me to get barzilian wood… instead of what I wanted…. And never came through  the front gate…. when the job should have only been $1000.00…. it’s just too many  thing similar and too many people  who have harmed my life instead of being  my real family or real friends….   

 

The person wanting to move into my mom’s ???? ….. Could it have been another set up by  felony fred to manipulate who I was allowed to  have in my family’s life… ….like casey  … keeping his criminal  crew close so they could keep stealing… when he had no right …  that  casey  that  I met…  shook his head like he was from first  generation from India…and seemed nice enough… but then  I overheard him on the phone telling one of his friends not to sign a lease…. That this friend should also not have his family sign the lease… so they would not be held liable  for damages…. As if he planned for his friends  to cause  damages… that changed my entire opinion  of his honesty… or lack there of…. and from that point on …   I believed that he had the same level of dishonesty as felony fred….  Same dishonestly as kaen kahel and as same dishonesty as gerard ahler….and fake alex noveck… and way too many people … I never wanted to meet…..and I figured out why I went  through soo much hell… so many lies and so much manipulation..  it was all so these assholes could  steal….  Its their criminal way…. Their lying cheating criminal way of life…..   and they did it all on purpose and all with malicious intent and all for their selfish greed….    

People would even put together a bunch of unrelated kids pretend they were all related and have me babysit them… to get me out of the way….  Anytime I was out of my home…. Were the criminal scum here? …. How did my neighbors not know?  And if they did how did they let it happen?  How many people  knew the truth and still allowed my life to be ruined on purpose.. …. The idiots on the phone who manipulate who  you get to see… or who you get to talk to …. or when you can see someone…  

they stole from me.. and they did it on purpose… and   the people who claimed to be friends who claimed to protect me from harm… and those who were not friends .. who harmed me on purpose… who stole from me… who impersonated others to commit fraud and commit crimes… who pretended to be my family or my friends.. who did nothing but  ruin lives…  they completely  ruined my life…. And I will never forget or forgive them ever…. . 

today tonight…. I tried to call my friend scott renshaw…. Or at least that is who it was supposed to be..To ask him when he was here /or would bring over  his daughter  on sat  morning.. if the other girls they would  visit had a printer like mine… someone who would be using my ink cartridges….someone who had access and was able to come into a gated complex… and who had no morals and values… and would steal a package  from in front of my door….   He didn’t seem to happy with my question…..

I just want to know the truth…. Bye…. I never lied or manipulated or harmed anyone…. Why did you think that was alright to do to me….  

Sunday October 07th 2012 @ 5:58am aegis option one residential and gmac all information of how linked in bankruptsy

In late 2006, the company had grown its capital in reserves
to $361 million, and like all other lenders it couldn’t issue mortgages fast
enough for the Wall Street machine that used them to create high-risk, very
profitable bonds. At the height of the mortgage origination boom, Aegis
employed about 3,500 people, mostly in the Houston area. But Aegis lost it all
in just nine months when the market for mortgage loans tanked.

 

The failure calls into question the management and health of
Cerberus’s other loan plays. Cerberus owns a majority stake in GMAC and its
mortgage subsidiary ResCap. Thanks to the credit crunch, the ratings agencies
have downgraded ResCap, thus making it more expensive for the company to
operate. The rising cost of capital may hurt Chrysler Financial, too, the
healthy operation within Chrysler that should have been able to help fund the
ailing automaker’s turnaround. At a minimum, Cerberus will take a financial hit
because of Aegis and the bankruptcy is an embarrassment amid the firm’s recent
spate of high-profile acquisitions.

 

“Cerberus has become a major player in the global
economy. Its many constituents rightly will expect a higher standard of
behavior than was exhibited last week with Aegis,” says Thompson. It’s a
sober reminder that even the vaunted geniuses of private equity can’t save
every company, and that employees – more than investors – are the real victims
when they go under.

 

Do you think this is a sign of what would happen if more
private equity deals go bust? Tell us what you think.

Sunday October 7th 2012 @ 5:56 am mortgage assignments as evidence of fraud

MORTGAGE ASSIGNMENTS AS EVIDENCE OF FRAUD

 

   Lynn Szymoniak,
Esq., Editor, Fraud Digest, February 9, 2010

              
(szymoniak@mac.com)

In the past ten years, hundreds of thousands of residential
mortgages were

bundled together (often in groups of about 5,000 mortgages),
and investors

were offered the opportunity to buy shares of each
bundle.  This process is

called securitization.  

Each such bundle of residential mortgages was given a name,
such as

“Soundview Home Loan Trust 2006 OPT-2.”  The name indicates information

about the particular trust such as the year it was created
(2006) and its contents

(with OPT indicating that the loans in that particular trust
were originally made

by Option One Mortgage).

Each such bundle/trust has a Cut Off Date identified in the
trust documents

(specifically, in the Pooling and Servicing Agreement).  The Cut Off Date is the

date on which all mortgage loans in the trust must be
identified.  In short, a final

list of all of the mortgages in the bundle is set out.  Each trust also has a Closing

Date which is the date that the individual mortgages are
transferred to the Trust

Custodian, who must certify that for each mortgage, the
custodian has a

mortgage note endorsed in blank and proof that the ownership
of the note has

been transferred. 
This proof is most often an Assignment of Mortgage. Most

trusts included the following or equivalent language
regarding the Assignments:

“Assignments of the Mortgage Loans to the Trustee (or its
nominee) will not be

recorded in any jurisdiction, but will be delivered to the
Trustee in recordable

form, so that they can be recorded in the event recordation
is necessary in

connection with the servicing of a Mortgage Loan.

Title insurance companies issued policies guaranteeing that
the trust had clear

title to the mortgages.

When widespread defaults occurred, Trustees discovered that
the laws regarding

Mortgage Assignments varied significantly from state to
state.  Many issues

regarding such Assignments were simply unresolved.  One of the most significant

issues was whether Mortgage Assignments could be back-dated
or have

retroactive effective dates. 
This issue arose because Trustees and their lawyers

discovered in the foreclosure process that the Assignments
could not actually be

located, or that certain states did not allow blank
Assignments.

To solve the problem of the missing Assignments, new
Assignments were made

and recorded.  Because
the question of retroactive Assignments had not been 2

resolved, most of these Assignments did not set forth the
actual date that the

Assignment took place. 
The Assignments were signed and notarized as if the

transfer took place many years after the actual transfer
date.

The Assignments were prepared by specially selected law
firms and companies

that specialized in providing “mortgage default
services” to banks and mortgage

companies.  In
jurisdictions with a high rate of mortgage defaults, over 80% of

the filed Mortgage Assignments in the last three years were
prepared and filed

by the same five or six law firms and default processing
companies.

In many states, two such Assignments were prepared and
filed. The first was

prepared in the name of Mortgage Electronic Registration
Systems as “nominee”

for the particular bank or mortgage company. When MERS
authority to file

foreclosures and Assignments was challenged in most
jurisdictions, with varying

results, a non-MERS Assignment was prepared as well.

In all of these cases, the Assignment was prepared to
conceal the actual date

that the property was acquired by the Trust.  An examination of the Assignments

filed showing the grantee as the Trust – such as “Soundview
Home Loan Trust

2006 – OPT 2” – shows that most of these Assignments were
prepared and filed

in 2008 and 2009, when, in reality, the mortgages and notes
were actually

assigned – albeit defectively – prior to the closing date of
the Trust.  While the

exact closing date can only be determined by looking at the
trust documents,

any Trust that includes the year in 2006 in its title most
likelyclosed in 2006.

If a Mortgage Assignment is dated, notarized and filed in a
year after

the year set forth in the name of the grantee trust on the
Assignment,

it is actually an Assignment specially, and in many cases,
fraudulently,

made to facilitate foreclosures. 

These Specially-Made Assignments have created havoc in the
courts.  In many

cases, the Specially-made Assignments are dated AFTER the
foreclosure action

has been initiated, making it appear that the Trust somehow
magically knew

prior to the assignment that it would acquire the defaulting
property several

months after the foreclosure action was initiated. 

Repeatedly, courts have asked Trustees to explain why they
were acquiring nonperforming loans and whether such acquisition was a violation
of the trustee’s

fiduciary duty to the Trust. 
No Trustee has ever come forth and explained that

the Trust actually acquired the loan years before the Assignment.  As a result,

there are many decisions with observations similar to this
observation made by

Judge Arthur M. Schack of Kings County, New York, in HSBC
Bank v. Valentin, 21

Misc. 3d 1124 [A]:3

Further, according to plaintiff’s application, the default
of

defendants Valentin and Ruiz began with the nonpayment of

principal and interest due on  January 1, 2007. Yet, four months

later, plaintiff HSBC was willing to take an assignment of
the

instant nonperforming loan. The Court wonders why HSBC would

purchase a nonperforming loan, four months in arrears?

And in Deutsche Bank National Trust Co. v. Harris, Judge
Arthur M. SCHACK,

Kings, New York, Index No. 39192/2007 (05 FEB 2008):

Further, the Court requires an explanation from an officer
of

plaintiff DEUTSCHE BANK as to why, in the middle of our
national

sub-prime mortgage financial crisis, DEUTSCHE BANK would

purchase a non-performing loan from INDYMAC…

In Massachusetts in October, 2009, Land Court Judge Keith
Long reaffirmed a

March, 2009, ruling that a lender cannot begin foreclosure
proceedings before

the lender has filed and recorded the Assignment, stating:

The blank mortgage assignments they possessed transferred

nothing…in Massachusetts, a mortgage is a conveyance of land.

Nothing is conveyed unless and until it is  validly conveyed. The

various agreements between the securitization entities
stating that

each had a right to an assignment of the mortgage are  not

themselves an assignment and they are certainly not in
recordable

form. U.S. Bank National Association v. Ibanez,
Massachusetts Land

Court Misc. Case No. 384283, consolidated with two other
cases.

Many authors expect the Massachusetts Supreme Court to
reverse the Ibanez

decision, but the uncertainty itself, as in the case of the
MERS challenges,

caused lenders to flood recording offices with new
Assignments.

In cases where the Trust failed to get a valid Assignment,
the problem is

complicated by the bankruptcy of the major loan originators,
including American

Home Mortgage, Option One Mortgage, and Countrywide Home
Loans.

When these big mortgage companies filed for bankruptcy, they
did not disclose

the mortgages already sold to the trusts as assets, because
the transfers

occurred months and years prior to the bankruptcy
filing.  Years later, when the

Assignments were required for foreclosures, a bankruptcy
court’s permission was

needed to Assign billions of dollars in mortgages.  Most likely in fear that a

Bankruptcy Judge would not rubber stamp such a request, no
such permission

has ever been sought.4

In lieu of valid Assignments, Trusts continue to rely on
Assignments specially

made by their own law firms and mortgage default service
companies.

Eventually, these fraudulent Assignments are being discovered
by Courts, and

the foreclosing trusts required to prove that they own the
Mortgage and Note in

the foreclosure action without reliance on Assignments that
misrepresent the

date of the actual transfer to the Trust the authority of
the signers of the

bankrupt original lenders. 
For thousands of homeowners, this realization has

come too late.

Aside from the law firms and mortgage  servicing companies that fraudulently

produced Assignments, the entities at greatest risk that the
fraudulent

Assignments scheme will be exposed are the Title Companies
that guaranteed

the clear and correct transfer of ownership to the
Trusts.  Also at risk are the

trust creators themselves and the Trustees.  Both groups of entities have been

on notice for several years that the faulty Assignments were
likely to jeopardize

the Trusts’ claims to ownership and ability to foreclose in
the event of default,

yet have failed to disclose this critical
information to trust shareholders and

Sunday October 07th 2012@5:55am three strikes and your out lender processing services is zero

For some time, I have been exposing the fraud that is the
Lender Processing Services (and mortgage servicers in general) business
model.  I have discussed how it is so
revered by the mortgage servicing community because it will do anything, legal
or illegal, to help a mortgage servicer foreclose your home.

 

It’s one thing when a small-time litigator from
Jacksonville, Florida makes accusations (that’s me), and then it is another
thing when 60 Minutes does it.  It’s
something even more when the federal regulators recognize LPS’s shenanigans,
but when a federal judge confirms everything I (and many other lawyers) have
been saying for years about LPS, you know LPS is in trouble.

 

Who is LPS?  LPS
(formerly known as Fidelity National Default Solutions) is a default servicer
for one out of every two mortgages in this country.  It lurks in the shadows of the mortgage
industry like a hit-man for the mob, and when LPS whacks you, you never see it
coming.

 

Needless to say, LPS has had a BAAAAAD April, and the month’s
only half over.  It all started with the
60 Minutes report, Mortgage paperwork mess: Next housing shock? In the report,
Scott Pelley describes the epidemic of forged mortgage documents created by LPS
Default Solutions and their super-human employee, Linda Green.  I say super-human, because Ms. Green is
vice-president of 20 banks, and she can execute thousands of mortgage
assignments every day.

 

Well, as it turns out, Ms. Green isn’t so super, and she’s
not human – at least not one human.  In
fact, a dozen LPS employees were signing Linda Green’s name, thousands and
thousands of times over, on key documents necessary to foreclose on homes.  These documents, to add that “authentic
touch,” were all notarized by other employees who also knew they were committing
fraud.

 

Then a couple of days ago, a joint report by the Federal
Reserve, Office of Thrift Supervision and Office of the Comptroller of the
Currency found significant irregularities in the foreclosure activities of the
nation’s largest mortgage lenders, including default servicer LPS, and ordered
those lenders to “remediate all financial injury to borrowers caused by any
errors, misrepresentations, or other deficiencies.”

 

LPS and the other dirt-bag mortgage servicers – including
Citibank, Bank of America, JPMorgan Chase and Wells Fargo – signed Consent
Orders agreeing to change their evil ways and come clean.  But in typical LPS double-speak fashion, an
LPS representative responded to the consent order by stating, “The Order does
not make any findings of fact or conclusions of wrongdoing, nor does LPS admit
any fault or liability.”  Um, o.k.  Sooo….

 

Now the doozie – The one that is sure to spell the beginning
of the end for LPS: A federal bankruptcy judge took the testimony of an LPS
employee and found that, based upon that employee’s testimony, LPS has
concocted a scheme for committing fraud as a common business practice.

 

In her lengthy, scathing opinion, the Honorable Elizabeth W.
Magner (a bankruptcy Judge from New Orleans) detailed the unbelievable
testimony of Ms. Dory Goebel, an LPS employee who was caught posing as
Assistant Secretary for Option One Mortgage Corporation.  The Memorandum Opinion reads like the last
chapter of a Grisham novel, where the bad guy is exposed and the little guy
wins the day.

 

Ms. Goebel filed an Affidavit in the Wilsons’ bankruptcy
case as evidence that Option One should be allowed to remove itself from the
Wilsons’ bankruptcy to foreclose on their home. 
Ms. Goebel testified in the affidavit that the Wilsons had failed to
make necessary mortgage payments entitling Option One to relief from the
bankruptcy stay.

 

The only problem with Option One’s affidavit is that it was
absolutely false because the Wilsons had made all required payments.  After multiple hearings, Option One’s lawyer
admitted to the judge that the Wilsons were in fact current and that his only
contact was not Option One at all – it was LPS.

 

Knowing she was on to something, Judge Magner ordered Option
One, LPS, Dory Goebel and all the law firms involved be investigated to unearth
exactly how and why Option One filed its motions in the Wilsons’ bankruptcy
case.

 

What transpired was a most stunning series of admissions:

 

Dory Goebel isn’t an Assistant Secretary for Option
One.  She’s an employee of LPS.

Option One had no control over the debtor’s file once in
bankruptcy.  LPS controlled every aspect
of the Wilsons’ file.

Bankruptcy payments were sent to Option One and not entered
into LPS’s system.  Option One notified
LPS that it had the bankruptcy payments LPS accused the Wilsons of not paying.

The problems with the Wilsons’ account had occurred because
LPS failed to log their bankruptcy into the system.

Option One’s lawyers initially did not tell LPS that the
debtor’s claimed to have made all bankruptcy payments.

Although the affidavit signed by Ms. Goebel referred to
attachments thereto, there are never any attachments to such affidavits, and
she never verifies the truthfulness of any affidavit she signs.  She merely compares the numbers on a page
with numbers on a computer screen.  She
does not review any information in the loan file, even if it is available.

Ms. Goebel signs dozens of affidavits per day, spending
about five minutes on each file.

Even if Ms. Goebel knew the information contained in the affidavit
were patently false, she would have signed it anyway because an attorney
created it.

Ms. Goebel followed the procedures in place at LPS.  In other words, every single affidavit
executed within the walls of LPS is just as false as the one filed in the
Wilson case.

Judge Magner summarized her outrage as follows:

 

Default affidavits are a lender’s representation as to the
status of a loan. They are routinely accepted in both state and federal courts
in lieu of live testimony. They are an accommodation to the lending community
based on a belief by the courts that the facts they present are virtually
unassailable. The submission of evidence by affidavit allows lenders to save
countless hours and expense establishing a borrower’s default without the need for
testimony from a lending representative. While they can be refuted by a
borrower, too often, a debtor’s offer of alternative and conflicting facts is
dismissed by those who believe that a lender’s word is more credible than that
of a debtor. The deference afforded the lending community has resulted in an
abuse of trust. [Emphasis added.]

 

To the millions of homeowners with mortgage foreclosure
cases (past and future) involving LPS, Judge Magner’s Memorandum Opinion, is
absolutely priceless.  Hopefully, state
court judges presiding over foreclosure cases will keep a worn, dog-eared copy
of this opinion close at hand.

 

And hopefully, LPS days are numbered.

 

 

 

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Related Posts

Can My New Lender Charge Me A Late Fee If I Paid The Old
Lender On Time?

 

by Andy Miofsky, Illinois Bankruptcy Attorney

No, if you paid your original lender on time, the new lender
cannot charge you a late fee for the first 60 days after a transfer, according
to the federal Real Estate Settlement Procedures Act.  Plus, each lender is required to give you
notice 15 days before your payment is due when an account is […]

Click to continue

Sunday October 7th 2012 @5:53am staples return delivery message that isn’t correct concerning the ink cartridge that didn’t work

Return and Delivery Information:

Your delivery and return is scheduled on 10/4/2012 by a
local courier between the hours of 9:00 a.m. and 5:00 p.m. If the driver is
unable to accept the return, pickup will happen within the next 5 business
days. Repackage the item in the original packaging along with your packing slip
and any parts or manuals. If you do not have the original packaging, please
place the item(s) in a box suitable for return pickup. Please have the return
boxed and ready for pickup at the location it was delivered.

 

If you would like the driver to leave your products you can
place a signed and dated note or simply click here to fill out the Driver
Release Agreement. The driver must take the note as proof of authorization. The
driver will determine if the unattended package can be left at the drop off
location.

Billing Information:

Since the same item(s) are being returned and delivered you
will not see any charges/credits on your original method of payment.

 

For the inconvenience, you will receive a refund of $26.50
back to your original method of payment. The time it takes for the credit to
post will vary depending on your credit card and/or bank type. In most cases,
you will see the credit posted within 72 business hours. A courtesy coupon in the
amount of $25 has been requested. You will receive the coupon via email within
48 business hours.

 

Sincerely,

Staples Customer Service

E-mail: support@orders.staples.com

Phone: 1-800-3STAPLE (1-800-378-2753)

Fax: 1-800-333-3199

Online: Staples Policy and FAQ’s:
 

Sunday October 7th 2012@ 5:51am mortgae fruad mortgage assignments posted jan 18th 2012 mentions option one

id=7361572n&tag=contentMain;cbsCarousel

~

Mortgage paperwork mess: the next housing shock?

(CBS News) If there was a question about whether we’re
headed for a second housing shock, that was settled last week with news that
home prices have fallen a sixth consecutive month. Values are nearly back to
levels of the Great Recession. One thing weighing on the economy is the huge
number of foreclosed houses.

Many are stuck on the market for a reason you wouldn’t
expect: banks can’t find the ownership documents.

Register O’Brien’s response to MA Real Estate Bar
Association

 

Do you want to see over 30,000 fraudulent documents that
banks are using to steal our houses? Be our guest!

UPDATE- FEB 10, 2012 – Here is what Register John OBrien had
to say

 

What a sad day in America. I thought for once they would do
the right thing and hold these banks accountable . I have been around along
time and I can assure you that this is a deal for the banks and by the banks.
It will not benefit the homeowner or the taxpayer. What do I tell the 32000
people in my registry who have fraudulent documents call the AG?? They are
sending the message that the big guys can do whatever they want and and get
away with it. Let us not forget that people who have lost there home with
fraudulent documents will be given two thousand dollars and a wish of good
luck. How criminal and sad. Principal reductions of 25000 will not solve the
housing crisis. Remember that it was these banks who came up with no doc
loans,sub prime mortgages and set people up for failure from day one. The
taxpayers lost 250 million in recording fees that these banks did not pay. We
need a grand jury to investigate the criminal fraud just like Boone County did.
Sadly a year from now we will be still faced with the same issues. These banks
will continue to do what they want. I am sure that later today they will be
sitting in the boardroom patting each other on the back for a job well done. I
suspect they will be giving out bonuses to each other in a week or so.I will
continue to do my job and not record fraud. I will continue to expose this
scheme to anyone who will listen. If they think I am going away they are sadly
mistaken. The fight will continue because it is the right thing to do

It’s bizarre but, it turns out, Wall Street cut corners when
it created those mortgage-backed investments that triggered the financial
collapse. Now that banks want to evict people, they’re unwinding these exotic
investments to find, that often, the legal documents behind the mortgages
aren’t there. Caught in a jam of their own making, some companies appear to be
resorting to forgery and phony paperwork to throw people – down on their luck –
out of their homes.

Read more:
RECENTLY A MASS FEDERAL JUDGE’S DECISION: It is clear,
therefore, that federal thrifts are not subject to Chapter 183C with respect to
loans they originate. The calculus changes, however, when a federal thrift does
not originate a loan but merely acquires it from a non-federal thrift
lender.  If a non-federal thrift lender
could “cleanse” a predatory loan by selling it to a federal thrift, a vital
component of many states’ consumer protection regimes would be undermined

 FRAUDULENT MORTGAGE
ASSIGNMENTS BY ROBO SIGNERS

MORTGAGE-BACKED TRUSTS, CLOSED BEFORE 2008,USING MORTGAGE
ASSIGNMENTS SIGNED IN 2011

Aames Mortgage Investment Trusts

ABFC Trusts

Ace Securities Corp. Home Equity Loan Trusts

American Home Mortgage Assets Trusts

American Home Mortgage Investment Trusts

Ameriquest Mortgage Securities, Inc. Trusts

Argent Securities, Inc. Trusts

Banc of America Alternative Loan Trusts

Banc of America Funding Trusts

Bear Stearns Alt-A Trusts

Bear Stearns ARM Trusts

Bear Stearns Asset-Backed Securities Trusts

BNC Mortgage Loan Trusts

Carrington Home Equity Loan Trusts

Carrington Mortgage Loan Trusts

Citigroup Mortgage Loan Trusts

CSFB Trusts

CSMC Trusts

CWABS Trusts

CWALT Trusts

CWMBS Trusts

Deutsche Bank Alt-A Securities Inc.

Mortgage Loan Trusts

First Franklin Mortgage Loan Trusts

First NLC Trusts

Fremont Home Loan Trusts

GSAA Home Equity Trusts

GSAMP Trusts

GSR Mortgage Loan Trusts

Harborview Mortgage Loan Trusts

HSI Asset Securitization Corp. Trusts

IndyMac IMSC Mortgage Loan Trusts

IndyMac INDX Mortgage Loan Trusts

Long Beach Mortgage Loan Trusts

MASTR Alternative Loan Trusts

MASTR Asset-Backed Securities Trusts

Morgan Stanley Capital I, Inc. Trusts

NatIxis Real Estate Capital Trusts

New Century Home Equity Loan Trusts

New Century Mortgage Loan Trusts

Nomura Home Equity Loan Trusts

NovaStar Home Equity Loan Trusts

NovaStar Mortgage Funding Trusts

Option One Mortgage Loan Trusts

RALI Trusts

RAMP Trusts

Residential Asset Securitization Trusts

Saxon Asset Securities Trusts

Securitized Asset-Backed Receivables Trusts

Soundview Home Loan Trusts

Structured Asset Investment Loan Trusts

Structured Asset Mort. Investments II Trusts

Structured Asset Mort. Investments II, Inc. Bear Stearns
Alt-A Trusts

WaMu Trusts

Wells Fargo Asset Securities Corp. Trusts

SPECIAL THANKS TO Lynn E. Szymoniak, Esq., FOR THIS LIST.

And what about these stories about the Federal Reserve
Selling Loans — including subprime loans that they can’t get much traction on.
But what troubles me is that the Federal Reserve is never mentioned as the
foreclosing party.

So do they own the loans or not? Based upon published
reports, the inescapable conclusion (or at least question of fact in
litigation) is whether some or all of the foreclosures are being prosecuting on
behalf of entities (trusts) that no longer exist and which are not owed
anything because they have been bought out by the Federal Reserve, which in
turns probably has no rights to pursue homeowners, and therefore should not be
claiming ownership over loans that it has no authority, legal or otherwise, to
enforce.

If the Fed is selling they must think they own them. But the
Fed is never mentioned in foreclosures and nobody seems to be arguing in court
that the Federal Reserve owns these loans, probably because the Federal Reserve
doesn’t make it easy to find out which loans they are claiming to own, and thus
which loans they could sell.

If what they are really selling are the complex derivatives
that are often used interchangeable with owning the loans, then they are stuck
with the problem of whether those loans actually made it into the REMIC pools,
a fact very much in contention in litigation started by both sides of the
transaction — borrowers and the original investors.

If the Fed is saying that they own all of the loans in the pool,
that means they bought out the entire REMIC — a consequence of insurance
contracts and credit default swaps bailed out by the Fed.

How many of those pools, bought out by the Fed still exist?
Many of the REMICS have filed papers with the SEC stating that they have no
further reporting requirements which would imply that they have no assets,
income or liabilities.

Does the Federal Reserve even know what it owns or is it
just taking the word of the insurance companies, investment banks and
intermediaries as to what was in those packages that were delivered to the Fed
for 100 cents on the dollar?

And who is foreclosing in the name of those pools when the
pool investors have been paid off?

And here is the kicker — if the pool investors were paid off
(directly or indirectly) they were paid on contracts that expressly waived the
right to subrogation; i.e., they waived the right to pursue homeowners on their
mortgage debt.

If the loans were not transferred into the pools, then these
transactions are a sham.

But they are a sham even if there was a transfer into the
pools if the Fed acquired the loans via insurance and CDS contracts that waived
subrogation. Remember the Fed bailed out AIG and other insurers so they could
make good on insurance policies covering mortgage backed securities.

They bailed out the investment Banks, not the investors. So
if the Federal reserve gave out 100 cents on the dollar for the actual mortgage
bonds that would mean that the investment banks were still holding the mortgage
bonds for sale when the market collapsed. But that isn’t what happened. The
bonds were sold forward, which means that the investors bought the bonds before
there were any loans to put in the pool. So if the Federal reserve gave
investment banks money, what were they buying?

It seems more likely that the Federal Reserve was giving the
investment banks money to make good on their counterparty liability in credit
default swaps, which also have a provision that prevents the counterparty from
exercising any right of subrogation or claims against homeowners.

But if the Federal Reserve was funding insurance contracts
and CDS then they didn’t have any ownership interest in the loans, so what are
they selling?

All these things and more raise the questions of fact that
should allow homeowners to probe through discovery into the ornate
securitization process that looks more and more like a sham itself. but the
questions in foreclosure or quiet title look the same — whom did you pay, what
did you pay, why did you pay, and when did you pay.

Follow the money and it will literally take you home. Start
with the COMBO Title and Securitization, then the Loan Level Accounting
Analysis and then launch into discovery. What you find in discovery may well
cast doubt on the origination of the loan transaction, the viability of the
note and the viability of the mortgage.

Mortgage Fraud n the past ten years, hundreds of thousands
of residential mortgages were bundled together (often in groups of about 5,000
mortgages and other negotiable instruments with an average worth of 1 billion
dollars), and investors were offered the opportunity to buy shares of each
bundle/certificates. This process is called securitization. Securitization is a
structured finance process that distributes risk by aggregating debt
instruments in a pool, then issues new securities backed by the pool. The term
“Securitization” is derived from the fact that the forms of financial
instruments used to obtain funds from the investors are securities. As a
portfolio risk backed by amortizing cash flows – and unlike general corporate
debt – the credit quality of securitized debt is non-stationary due to changes
in volatility that are time-structured dependent. If the transaction is
properly structured and the pool performs as expected, the credit risk of all
tranches of structured debt improves; if improperly structured, the affected
tranches will experience dramatic credit deterioration and loss. All assets can
be securitized so long as they are associated with cash flow. Hence, the securities
which are the outcome of securitization processes are termed asset-backed
securities (ABS). From this perspective, securitization could also be defined
as a financial process leading to an issue of an ABS. This is a highly complex
process which was developed by Wall Street. Basically, Wall Street figured a
way to turn a 30 year mortgage, with small monthly payments, into instant,
large sums of cash, which could and was, which was sold before the borrower
even signed the Note, then sold or pledged and/or utilized  multiple times over.

Freddie Mac

Marshall C. Watson Law Firm

 

Action Date: March 12, 2011

Location: Ft. Lauderdale, FL

The Federal Home Loan Mortgage Corporation (“Freddie Mac”)
announced on March 11, 2011, that it is taking its foreclosure cases away from
the Marshall C. Watson Law Firm. The Watson firm, based in Ft. Lauderdale,
Florida, was one of the firms most often used by Freddie Mac, Fannie Mae and
mortgage-backed trusts to foreclose in Florida. The Watson Firm came under the
scrutiny of the Economic Crimes Division of the Florida Attorney General for
improper loan documentation and foreclosure practices.I

In over ten thousand Florida foreclosure cases, the Watson
firm used mortgage assignments signed by the firm’s own employees to prove that
their clients owned the mortgages. In most of these cases, Freddie Mac, Fannie
Mae and mortgage-backed trusts were claiming to own the mortgages. Fannie,
Freddie and the trusts lost or never obtained the mortgage assignments needed
to prove ownership.

In these cases, two associate lawyers in the Watson firm,
Patricia Arango and Caryn Graham, signed the Assignments to the trusts so that
the foreclosures could proceed. When Arango and Graham signed these mortgage
assignments, they did not disclose that they were lawyers in the Watson Firm.
Instead, Arango and Graham signed as officers of Mortgage Electronic
Registration Systems, Inc.

In the last three years, Arango and Graham signed as
officers of the Mortgage Electronic Registration Systems, Inc., as Nominee for
the following lenders on over 10,000 documents used in Florida foreclosures:

• Aegis Wholesale Corporation;

• America Imperial Mortgage Business, Inc.;

• American Bancorp Mortgage Corp.;

• American Home Mortgage;

• America’s Wholesale Lender;

• BNC Mortgage, Inc.;

• Century 21 Mortgage;

• Countrywide Bank, FSB;

• Countrywide Home Loans, Inc.;

• CTX Mortgage Company, LLC;

• Gateway Funding Diversified Mortgage Services;

• Decision One Mortgage Company, LLC;

• E-Loan, Inc.;

• First Choice Funding Group;

• First Magnus Financial Corporation;

• Flagstar Bank, FSB;

• Greenpoint Mortgage Funding;

• Guaranteed Mortgage Bankers;

• HomeAmerica Mortgage Corp.;

• Interstate Home Loan Center, Inc.;

• Ivanhoe Financial, Inc.;

• KB Home Mortgage Company;

• MFC Mortgage Inc. of FL;

• Quicken Loans, Inc.;

• Suntrust Mortgage, Inc.; and

• Universal American Mortgage Company, LLC.

On the majority of these documents, the date of the alleged
transaction is falsely stated. The documents were so poorly prepared that in
many cases, the new owner is shown to have acquired the mortgage months and
even years AFTER the foreclosure cases were filed by those new mortgage owners.

The Watson Firm was also the law firm that most frequently
used mortgage assignments prepared by Docx, LLC. The assignments from Docx, LLC
include thousands of documents with forged signatures of Linda Green, Tywanna
Thomas and Korell Harp, as well as dozens of documents where the lenders were
identified as “Bogus Assignee” and “A Bad Bene.” These Docx-prepared
assignments also falsely stated the dates of the alleged transfers, and even
the authority of the signers to sign on behalf of Mortgage Electronic
Registration Systems, Inc.

Despite the well-documented problems with foreclosure cases
brought by the Watson Firm, Fannie Mae has not removed the firm from its list
of approved law firms. Fannie Mae removed Florida firm Ben-Ezra & Katz in
February, 2011, and required the firm to transfer over 15,000 files. Fannie
also removed The Law Offices of David J. Stern in Plantation, Florida. That
firm announced that it would stop doing all foreclosure work as of March 31,
2011.

No criminal charges have been filed in any case involving
forged or fraudulent loan documents used by banks and mortgage lenders to
foreclose.

While courts have been critical of such documents and have
added requirements to civil procedure rules so that law firms can be sanctioned
for using such documents, no sanction has ever included any criminal charges.

Each such bundle of residential mortgages was given a name,
such as

“ABC Home Loan Trust 2006 OPT-2.” The name indicates
information

about the particular trust such as the year it was created
(2006) and its contents

(with OPT indicating that the loans in that particular trust
were originally made

by Option One Mortgage). This precludes the fact that Option
One Mortgage was defunct and barred from doing business in the State of
California during this time.

Each such bundle/trust has a Cut -Off Date identified in the
trust documents

(specifically, in the Pooling and Servicing Agreement). The
Cut Off Date is the

date on which all mortgage loans in the trust must be
identified. In short, a final

list of all of the mortgages in the bundle is set out. Each
trust also has a Closing

Date which is the date that the individual mortgages are
transferred to the Trust

Custodian, who must certify that for each mortgage, the
custodian has a

Mortgage note endorsed in blank and proof that the ownership
of the note has

been transferred. This proof is most often an Assignment of
Mortgage. Most

trusts included the following or equivalent language
regarding the Assignments:

“Assignments of the Mortgage Loans to the Trustee (or its
nominee) will not be

recorded in any jurisdiction, but will be delivered to the
Trustee in recordable

form, so that they can be recorded in the event recordation
is necessary in

connection with the servicing of a Mortgage Loan.”

Title insurance companies issued policies guaranteeing that
the trust had clear

title to the mortgages. The problems are just beginning for
the Title Companies, based on the fraud on the court which was committed by and
through robo-signing court documents. Clear Title May Not Derive From A Fraud
(including a bona fide purchaser for value).

In the case of a fraudulent transaction the law is well
settled. 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 purchaser acted in
good faith in dealing with persons who apparently held legal title, is not in
itself sufficient basis for relief.

When widespread defaults occurred, Trustees discovered that
the laws regarding

Mortgage Assignments varied significantly from state to
state. Many issues

regarding such Assignments were simply unresolved. One of
the most significant

issues was whether Mortgage Assignments could be back-dated
or have

retroactive effective dates. This issue arose because
Trustees and their lawyers

discovered in the foreclosure process that the Assignments
could not actually be

located, or that certain states did not allow blank
Assignments.

To solve the problem of the missing Assignments, new
Assignments were made

and recorded. This was the beginning of the now infamous
“Robo-Signing” fiasco. (for a complete list on this issue, see
takeyourhomeback.com/?p=428 ) Because the question of retroactive
Assignments had not been resolved, most of these Assignments did not set forth
the actual date that the Assignment took place. The Assignments were signed and
notarized as if the transfer took place many years after the actual transfer
date.

The Assignments were prepared by specially selected law
firms and companies

that specialized in providing “mortgage default services” to
banks and mortgage

companies. In jurisdictions with a high rate of mortgage
defaults, over 80% of

the filed Mortgage Assignments in the last three years were
prepared and filed

by the same five or six law firms and default processing
companies.

In many states, two such Assignments were prepared and
filed. The first was

prepared in the name of Mortgage Electronic Registration
Systems as “nominee”

for the particular bank or mortgage company. MERS “controls”
approx. 62 million mortgages with a value of over a TRILLION DOLLARS. When MERS
authority to file foreclosures and Assignments was challenged in most
jurisdictions, with varying results, a non-MERS Assignment was prepared as
well.

In all of these cases, the Assignment was prepared to
conceal the actual date

that the property was acquired by the Trust. An examination
of the Assignments

filed showing the grantee as the Trust – such as “ABC Home
Loan Trust

2006 – OPT 2” – shows that most of these Assignments were
prepared and filed

in 2008 and 2009, when, in reality, the mortgages and notes
were actually

assigned  prior to the
closing date of the Trust. While the exact closing date can only be determined
by looking at the trust documents, any Trust that includes the year in 2006 in
its title most likely closed in 2006.

If a Mortgage Assignment is dated, notarized and filed in a
year after

the year set forth in the name of the grantee trust on the
Assignment,

it is actually an Assignment specially, and in many cases,
fraudulently,

made to facilitate foreclosures.

These Specially-Made Assignments have created havoc in the
courts. In many

cases, the Specially-made Assignments are dated AFTER the
foreclosure action

has been initiated, making it appear that the Trust somehow
magically knew

prior to the assignment that it would acquire the defaulting
property several

months after the foreclosure action was initiated.

Repeatedly, courts have asked Trustees to explain why they
were acquiring non-performing loans and whether such acquisition was a
violation of the trustee’s

fiduciary duty to the Trust. No Trustee has ever come forth
and explained that

the Trust actually acquired the loan years before the
Assignment. As a result,

there are many decisions with observations similar to this
observation made by

Judge Arthur M. Schack of Kings County, New York, (see link
in www.foreclosureself-defense.com/the-library/linksresources/ )in HSBC
Bank v. Valentin, 21 Misc. 3d 1124 [A]:

Further, according to plaintiff’s application, the default
of Defendants Valentin and Ruiz began with the nonpayment of principal and
interest due on January 1, 2007. Yet, four months later, plaintiff HSBC was
willing to take an assignment of the instant nonperforming loan. The Court
wonders why HSBC would purchase a nonperforming loan, four months in arrears?

.

Further, the Court requires an explanation from an officer
of plaintiff DEUTSCHE BANK as to why, in the middle of our national sub-prime
mortgage financial crisis, DEUTSCHE BANK would purchase a non-performing loan
from INDYMAC… Federal Judge Boyko of Ohio questioned Deutsche Bank extensively
with the final outcome being the dismissal of 14 foreclosure cases

In Massachusetts in October, 2009, Land Court Judge Keith
Long reaffirmed a

March, 2009, ruling that a lender cannot begin foreclosure
proceedings before

the lender has filed and recorded the Assignment, stating:

The blank mortgage assignments they possessed transferred
nothing…in Massachusetts, a mortgage is a conveyance of land.

Nothing is conveyed unless and until it is validly conveyed.
The

various agreements between the securitization entities
stating that

each had a right to an assignment of the mortgage are not
themselves an assignment and they are certainly not in recordable form. U.S.
Bank National Association v. Ibanez, Massachusetts Land Court Misc.
consolidated with two other cases.

Many authors expect the Massachusetts Supreme Court to
reverse the Ibanez

decision, but the uncertainty itself, as in the case of the
MERS challenges,

caused lenders to flood recording offices with new
Assignments.

In cases where the Trust failed to get a valid Assignment,
the problem is

complicated by the bankruptcy of the major loan originators,
including American

Home Mortgage, Option One Mortgage, and Countrywide Home
Loans.

When these big mortgage companies filed for bankruptcy, they
did not disclose

the mortgages already sold to the trusts as assets, because
the transfers

occurred months and years prior to the bankruptcy filing.
Years later, when the

Assignments were required for foreclosures, a bankruptcy
court’s permission was

needed to Assign billions of dollars in mortgages. Most
likely in fear that a

Bankruptcy Judge would not rubber stamp such a request, no
such permission

has ever been sought. In Ohio, Judge Boyko did the complete
opposite and dismissed 14 foreclosures WITH PREJUDICE.

Part of Judge Boyko’s Decision:

“There is no doubt every decision made by a financial
institution in the foreclosure process is driven by money,” Boyko wrote in a
footnote. “And the legal work which flows from winning the financial
institution’s favor is highly lucrative.”

“The lenders rush to foreclose on delinquent buyers. But
when taking back the properties, they delay recording the deeds, leaving cities
to board up empty houses and mow lawns”

The pools, some containing bad loans like the 14 from
Deutsche Bank, are bought and sold electronically by Wall Street investment
firms, leaving behind little or no paperwork showing who holds the notes.

Boyko ruled that without written proof, Deutsche Bank has no
right to foreclose. As part of the ruling, he complained that lenders displayed
a condescending attitude that this is the way they always do business and that
the court just doesn’t understand the world of high finance.  (No it’s called FRAUD, writer’s opinion, not
part of decision)

“Finally put to the test, their weak legal arguments compel
the court to stop them at the gate,” he wrote.

Boyko’s colleague, Judge Kathleen O’Malley of the U.S.
District Court of Northern Ohio, threw out 32 foreclosure cases the same week
for the same reason.

The “robo-signing of affidavits and Assignments of Mortgage
and all other mortgage foreclosure documents served to cover up the fact that
loan servicers cannot demonstrate the facts required to conduct a lawful
foreclosure. If it turns out that robo-signers did indeed sign off on loans
without review, they committed fraud by claiming knowledge of a financial
matter of which they had no personal knowledge. It could also mean that some
people are wrongly being evicted from their houses.

From underwriting fraudulent mortgages; to shuffling it
through the mortgage securitization chain without following proper legal
procedures like the simple act of passing along paperwork; to concealing or
doctoring basic facts when securitizing the mortgages and selling them to
investors, large lenders and their partners on Wall Street could face hundreds
of billions of dollars in losses by being forced to buy back faulty mortgages,
some of which have already defaulted, from misled investors.

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43 Responses to “Fraudulent Mortgage Assignments”

Sunday October 7th 2012 @ 4:58am spent yesterday with my mom notes on staples ink cartridge situation…

 So it now really early on Sunday morning… and my plan to write letters for my credit report and to my mortgage companies… to  continue  with the entire  process of  fixing and finishing what my guardian Patrick Weber did not do this entire year…  well…. the plan was for my mom to come out and to go to staples off tarpon bay ( by my home) and get the ink cartridge …. it is a Lexmark #70 ink cartridge which is a black ink cartridge…..  that seems to not be working… if you remember I ordered it from staples on line  and when it showed up…. it did not print…the little plastic tab was missing so i figured that it just dried out…. so i had to try to figure out another way to get the ink and so i could finish my packages… and finish printing  all this information….  then my mom was so kind and she went to  the staples off tarpon… Dan Fox the manager was really nice and  very helpful… and we got  one replacement  ink cartridge… she(my mom )  brought  it home and  it did not work.. i called Dan and  he offered to replace the ink cartridge… and   because of all the  trouble … to also  give us an additional cartridge… so my  mom went  back to staples… and got two ink cartridges… and when she came back  to my home…. i was sure that at least one of the  cartridges would have worked… intact Dan and i joked that out of 4 cartridges  in  two days… ONE  had to work.. I mean what are the odds of all of them not working right?…. well my mom  went to publix  for me… staples  for the  two cartridges… i made dinner.. and  had  to put everything away… and started some spaghetti sauce and a pot roast….. and then late in the evening… I tried the ink cartridges… you are sooooo not going to believe this… neither of them work… completely dry.... After trying to clean nozzles.. trying to print test page… and  everything I I could think of to get them working… example… one guy from Walgreen ages ago when they used to refill the cartridges told me that id i placed the ink cartridge on a wet cloth it would draw the ink out… i tried that .. and then after tears…  finally resorted to the technique of refilling.. you fill a syringe with ink and  drill a hole in the top of the ink cartridge and  inset the ink through the hole… well…. some ink is running out ..the bottom but not enough  to  do test paper and won’t do a  clean nozzle……. I’m at a loss.. HELP does anyone know what the  hell is going on?  . 

I cant afford a new printer… and i really cant afford any additional ink cartridges… has anyone  ever had this problem? and how did you fix it? everything was working great .. for sooo long… and i can’t  believe that all the staples brand lexmark #70  can be defective… right????????????
this is getting  ridiculous… it’s as if someone is doing this on purpose… if i was a suspicious conspiracy theorist… could it be possible…. that  the ink is being used up before it gets to me?????  I don’t  know how..any one    any ideas??????. 
what if the  entire batch is old…. it is an old printer and old cartridges  go with old  printers… right??? 
or here is a really wild theory… the same girl who has been stealing my identity…. the one living  off my name and my life… who most probably has scammed people out of money or assistance to help me… what she doesn’t  want me to get this paperwork out to the proper authority….  . 
So what do you think of this thought ?????… i mean it has been at least 10 years…. most likely 13 years where my entire life has been systemically ruined….  it still the slimy girl.. the fake identity  thief…  the girl who has been stealing  my identity…you know .. the one who opened a regions bank account  in my name and with my social security… THE ILLEGAL account  the bith who is relying  on the fact that I am not  leaving my home..these days…. .  and so as most bullies do.. they harm you when you are down… they manipulate and contol  to get power … by stopping my actions…  my actions  of communicating  with authorities….  you know if you read anything up on abuse… and the way a psycho an control a person by stopping  their freedoms…    but then you an go ask karen kahel…or any of her friends….the bully clique….   she has a psychology degree.. hummm someone   who knows  all the ways to harm  and torture… gosh… or any of her friends who don’t want to be “bothered” by having to stop me with the documentation…  this holiday weekend… maybe the imposter is out  screwing the boys to get their bastard kid and get her condo and  business… and ohhhh what else did Gerard ahler say… the boys love to do for their whore to door service girls…..hummmmm ….. ask those slimy girls… speaking of slimy girls…how about …. the girls living in   bonita….you know… the  address listed on the police report where my lap top is detected or the  9th street address  where   it was also detected… may also be  involved… you think????  
anyway…. i did not sign up to be a spare part for some imposter…. or to get  tormented because some bitch steals my life and my identity….  IT IS MY LIFE …. as billy joel would  say…. get your own life and leave me alone…. 

Sunday October 7th 2012 @ 4:56am email i sent to my mom about staples ink cartridges…

Hi “MOM”,                                                                              
October 5th 2012

Wanted to just type you a quick email to reiterate what we
discussed about tomorrow…

I will have your name at the gate by10am when you will
arrive to get $ 40.00

 

breakdown for the money….

$20.00  pay for
you  to go and get my lexmark #70
cartridge from staples….

$5.00 toward the steaks you received and are bringing  two over with you from some mail order
thing…. 

$15.00  to use for my
Lexmark #70 cartridge,,,, get the staples brand it is cheaper

$25.00 for the coupon 
# 5267492323878054 to use for my lexmark#70  ink cartridge

total=$ 40.00 cash and $25.00 coupon

* I will give you 4 cartridges to give to Staples for
recycling (I get credit for them )and 
that way if there is any problems 
you will see what it looks like… as well as the brand 

 

Thank you soo much for this… i hope the money i give you
will help you to get the cartridge you need…

 

Maybe when i call  to
pray… we can have a normal conversation on 
the  phone.. i really don’t
need  your advice  on when i need to sleep…you know maybe you
can  pretend to be my  real mom.. my mom(Marion Jean Gregory Ziska
Gregory….  who was GREAT! ….an actual
friend who was intelligent , articulate, funny and interesting ..who i could
talk to about  anything.. decorating,
politics, news events, cooking, business, movies, television shows, hopes,
dreams, ambitions…..she was inspirational and positive believed all things
were possible  about actual experiences
of growing up in saudi arabia with aramco..about travel and our trips all over
the world…   about shopping… about
.anything and everything … and the most important part… my real mother
loved me and  my sisters sooooooooo
much… she wanted us to have great futures to have hopes and dreams and plans
fulfilled… and  would have never harmed
us… ever… she didn’t lie or cheat or steal…   

 

I know you don’t understand so let me try once again to
explain what you cant possibly understand… about my real family…. they were
great…. and I love and miss them every minute of every day….

Please don’t sneak in any trespassing thieves into my
complex like felony fred and the rest of the criminal did…i would be held
responsible….and i hate having to deal with 
with them stealing and ruining my life…. I feel so violated each and
every time it happens..you have no idea how much it destroys my feeling of
security and safety and trust…. its a helpless feeling like rape or
abuse….  knowing someone gets away with
it again and again …. no one stops it …you have no idea what it does to a
person….how it changes your life forever… 
….. 

 

and once again  let me
try to explain about the change in my sleeping patterns that you cant seem to
grasp… i don’t know if there is a cultural difference or a language
difference that makes this concept soo difficult…  but my alarm does not have a short.. i
believe it is triggered by the scum who sneak into either the roof or have
something to do with it… as that is were the majority of the wires are
located… and where i hear idiots upstairs… since Michael Russo ( upstairs
son) said he got out of jail after being in there for 5 years… and his bro
Tommy had this drinking problem and and possible drug problem…  i saw all three of the boys outside smoking
POT and drinking when they were visiting their parents….

  

when the alarm goes off and I can’t get back  to sleep right away… so  it is easier to say awake at night and work
on letters or fixing what needs to be fixed….and since I  had 13 years of my life and tons of my life
ruined…. and not being “allowed.” by the psycho controlling freaks
who are still stealing from me…. and who mess up phones and computers and any
type of freedom i want.. and since any time recently when i leave my home and
even when i don’t leave my home…  my
home things are stolen… including food…. ( probably still fat pot bellied
liar… Iran drug dealing  rug salesman
who lied about the FBI and was just  as
much of a thug as  Gerard…and  the Russo and the idiots who stole money off
my mortgages and or the idiots who  stole
my credit cards.. and who ruined my life… you know basic scum of the
earth…. not even worthy of being considered human…. ….   the same scum who screwed up my phones and
my ability to have any of my friends or family in my life….  and they did it all on purpose …. it was
planned and executed with precision and all on purpose…..  these criminals who ruined my life…. and my
families life and home ownership and ruined accomplishing everything I ever
wanted….  the thugs who ruined
everything  but liked their slutty little
girls on the side.. and their  bastard
kids they rise to be criminals just like them ….they wont stop until they are
dead…so i have to spend most of my time trying to fix the damage they make in
my life…. and  that my real family and
friends would have never let happen to me or my family…… but but you meet
one worthless disgusting repulsive human being who is a criminal thug to the
core of who he is.. and nothing is ever the same…   I would give back every minute of the past years…to
go back to 1999 and be protected form any of this happening… when we were
buying the condo….. and to have never met any of the scum…. ANY OF THEM…
….and have lived the great life i was supposed to have had.. instead of going
through hell because of jealous criminal parasites who do nothing for bettering
society but only ruin lives and steal hope and 
dreams…. and who ruined my life….. forever 

I miss  my mom and dad
sisters and friends every minute of every day….I miss what my life was
supposed to have been like…i miss meeting and having great people in my
life…i miss everything…..    

 

Do you know when the lies and manipulation started?  the stealing of money off of mortgages,
stealing of my business?… the imposter 
girl making phone calls as me? 
the manipulation and planning to ruin my everything….like
relationships.. and businesses… and 
faith in ‘God’s protection, in the belief that dreams do come true…
ruining my isolating from my friendships… relationships .. my reputation ..
my businesses, stealing my opportunities… and giving me less of a life than i
ever wanted ….WHY????? money???? or what… because the   girl who needed to steal my life and
was  allowed to steal my life..what …
was she prettier.. taller blonder… a slut …. the boys like d to
“ride” or had a guys bastard kid.. why?????.. did she just know from
birth how to steal or cheat.. or lie….or learned from some criminal family
how to  ruin my life  through stealing my credit  .. and even credit cards.. and opportunities.
and people i should have been allowed to meet and  organizations i should have allowed to become
a part …. like Jr league… and fun classes to take and  getting an MBA… meeting a great guy to date
and eventually getting married and having 
kids… the life i was supposed to have….. and everything i was
supposed to do this life time… it was and is MY REAL LIFE…..I AM VALUABLE
and  my real mom and real dad and real
sisters and real friends  loved me and
knew that……May god never have mercy on the criminal scum who started
this….. who  continued to ruin and
steal from me and my family and who i pray every day will die so they will
never hurt any one ever again…  what a
bunch of selfish horrid people who are so so…. not evolved…. who will never
make the world a better place… or make lives better unless they steal from
others …and only to make their own lives better…. small  minded and pathetic  scum… for them selves… what worthless
scum…. the world would have been place if they  had never been born….at least i know my
life would have better… . i pray they will go to hell soon… and  there is justice…. as i know i will
NEVER  forgive .. or forget ….i will
never forget anything…       

wow really long email….. ha… guess i miss real friends
more and more…every minute of every day….. miss great conversations…. and
having  great people on my side.. not the
thieves and scum always trying to lie to me or steal from me or scam from me…or
lower my life style and my families worth…. .you know the gypsies, the
travelers the  grifters..the felons…
the basic scum of the earth with their fucked up messed up lives and
problems…they are not my family and /or my friends … at all…. 

luv mary jean ziska

gosh it would have been fun 
to see what i could have achieved this life time….  my life could have been great….my entire
life could have been great…   too
bad… it was ruined on purpose… 

 

A Tender Loving Care Service

Marion Gregory  
Director 239-598-1515

naplesmarion@aol.com

Mary Jean Ziska  
Assistant Director whatabtmary@yahoo.com

October 4th 2012 @ 1:12am email to larry about this fraudulent bank acount that noone willstop or tell me about that the idenity theif is stealing

what the hell is going on with patrick? he needs to be stopped….

Wednesday, October 3, 2012 2:18 PM
From:

View contact details

To:
“larry pivacek guardianship lawyer” <larrypivacek@gmail.com>
Cc:
“mary jean ziska” <whatabtmary@yahoo.com>
Hi Larry,   October 3rd 2012 @ 1:08pm 
Haven’t heard from you in a while.  I called and left messages this morning… It was last week  approx. when i got a life lock alert that a new bank account was being opened in my name.. with my social security number and i guess my address…. but  I  was told nothing about any of this… I filed a police report since I  haven’t left my house in over 30 days…and I know I did not open a new account at regions bank….  so what the hell is going on?

I was told that the account holds money for the HOA?…. but not told how much.. the account numbers or anything like ….OHHHH…. let’s see…. if it is a savings account or a checking account?  a money market.. or a CD… what  the interest is on the account or even the account number… or where he / she opened the account…. 

So i need you to verify that that  account is supposed to be from Patrick Weber…what the hell?  he has no authority to open a bank account without telling me… with money that is 
not for his use and definitely not  in my name using my social security number and my  address but not tell me…. you told me that he had no control over making any deals with eh HOA and with my money or my accounts… or paying my bills…. 

I really need to know what is going on!… does this have anything to do with last month when someone wanted to steal my medical disability?  Also i got paperwork from September 07th where someone was trying to take my money and saying they were my mom taking it????… i called my mom and she said it was Patrick ….what the hell are they doing?  

so i checked on life lock and  no cha
nges for this account… so i tried calling Patrick a total waste no one there of course… i don’ t think I  have spoken to him in months…  then called regions bank and spoke with a Candice  and a Kendrick and a Myrtis Piggue..  and they wouldn’t even put a freeze on the account… so that some idiot isn’t running around with bad checks …. ruining my credit again…. 

This is ridiculous…and i get sooo upset soo easily these days because of all the stress…  see why i want my independence back!….   i then called the police… and  put on a fraud alert…. .  all from stopping a bunch of criminal scum from stealing and ruining more of my life…  please email me back asap… to let me know your received this email and  tell me the plans for getting rid of getting rid of Patrick….and giving me my life back…. enough of it has been ruined… and far to many years… thanks mary jean ziska
 

A Tender Loving Care Service

Marion Gregory   Director 239-598-1515

naplesmarion@aol.com

Mary Jean Ziska   Assistant Director 239-234-4065

whatabtmary@yahoo.com