Thursday, June 17, 2010

Banks are starting to forge foreclosure documents

Watch out, fellow sheeple.

Banks are starting to forge legal documents in foreclosure cases.

Lets start with the side of the thieves, the shysters, the bankers.

The American Banker article, dated June 17, 2010:

The backlash is intensifying against banks and mortgage servicers that try to foreclose on homes without all their ducks in a row.

Because the notes were often sold and resold during the boom years, many financial companies lost track of the documents. Now, legal officials are accusing companies of forging the documents needed to reclaim the properties.

What happens is this: during the boom years, certain practices were abandoned - like standard business practices, or common sense.

The rights to a house (or a commercial property) were sold, resold, bundled with other titles, financial documents, and called some shitname or other (SIV's, etc).

It got to the point where no one exactly knew who bought what, who actually owned a mortgage (or a group of bundled mortgages), who owned the rights to a property.

Meanwhile they were collecting money, or selling the mortgages, never mind the paperwork.

Well, now that foreclosures are happening, desperate people are taking desperate actions - they turned off their TV's and started researching their legal options.

Learning, in other words.

Bettering themselves.

This is a minor miracle in this country, and such an incredible, desperate action - to crack open a book or start researching on the internet or ask a lawyer friend about your options - is limited to only people who are losing their homes (and the rest of their livelihood, perhaps their cars repossessed by legal thieves - repo men - who quite legally come at night, break into your garage and steal your car and other items of value).

And one course of action was obvious - since we, the homeowners (or rather - home lenders) are paying all this money, and since there are some doubts as to which bank/financial scam outfit owns the rights to the mortgage - ask for the legal paperwork.

You know, the one that proves that the money that a family pays for their house every month, on average a thousand dollars or so, give or take, is going to the right place.

And then, it came out that the emperor has no clothes - there is no paperwork.

The company which was sending these nice envelopes to be mailed back with your money stated that the paperwork will be found "at a later date" or that it is not an issue - meanwhile, you have to pay them.


Many Americans, being the spineless morons that I have grown to know (and despise), meekly accepted this - and paid up.

Or, if it was a foreclosure attempt, meekly moved out of their house.

Some Americans - lets call them Americans with balls (a very rare breed) - decided to pursue this matter a wee bit more.

Since legally they should be paying their money to a bank or financial scam outfit that has bought their mortgage and has the paperwork, they simply asked for the papers proving that a given bank/scam outfit really owned their property.

Many times, this was not done.

There were no papers.

So many homeowners found themselves in a legal limbo, not paying their mortgage and/or not moving out and ignoring the foreclosure proceedings.

In effect, Americans with balls beat the system and now live in their homes for free.

More power to them, I say.

As the SAS motto states, "Who dares wins".

They dared.

Meanwhile, the scared, pitiful sheeple, the majority, meekly obey the system and the bureaucracy ran by idiots who lose ownership documents.

Attorney Oppenheim Exposes a Defect in Florida’s Foreclosure Process:

Oppenheim said that most often, banks and mortgage lenders cannot show proof of true mortgage ownership. He pointed out that homeowners of distressed properties have the fundamental right to demand for banks and mortgage lenders to show proof of ownership of the property of which they are attempting to foreclose.

He added that most of the time, banks and mortgage lenders cannot show proof of ownership because they have lost their documents, sold the mortgage loans or converted them into investments. Banks that cannot show the necessary documents could no longer establish ownership of a property, according to Oppenheim.

However, despite the absence or lack of proof of true ownership, banks are successfully filing foreclosures on homes in South Florida. This is because, according to Oppenheim, distressed homeowners cannot afford to hire a lawyer to represent them in court.

Because of the overwhelming number of filings, the judicial system in Florida lacks the capacity to mandate lenders and banks to prove ownership.

Ah, America, inc.

Banks successfully bully and intimidate citizens, who meekly obey the scary lah-yers and official seals on envelopes.

The cowards get what they deserve - the bottom, the despair - the fact that they are losers.

I have no feelings of mercy for these cowards.

This is a war between us and them - the average Joe and the elites - and they have been found wanting.

Grab a box and move under the bridge with your family then, loser.

You deserve it, sheep.

But lets go back to the American Banker article.

On Monday, the Florida Attorney General's Office said it was investigating the use of "bogus assignment" documents by Lender Processing Services Inc. and its former parent, Fidelity National Financial Inc. And last week a state judge in Florida ordered a hearing to determine whether M&T Bank Corp. should be charged with fraud after it changed the assignment of a mortgage note for one borrower three separate times.

"Mortgage assignments are being created out of whole cloth just for the purposes of showing a transfer from one entity to another," said James Kowalski Jr., an attorney in Jacksonville, Fla., who represents the borrower in the M&T case.

"Banks got away from very basic banking rules because they securitized millions of loans and moved them so quickly," Kowalski said.

In many cases, Kowalski said, it has become impossible to establish when a mortgage was sold, and to whom, so the servicers are trying to recreate the paperwork, right down to the stamps that financial companies use to verify when a note has changed hands.

Some mortgage processors are "simply ordering stamps from stamp makers," he said, and are "using those as proof of mortgage assignments after the fact."

The last two paragraphs are what did it for me.

The feelings of disgust at the idiocy of the bankers, the lack of any regulation by the government (obligatory FUCK YOU to the retarded libertarians), the feeling of rage.

Some mortgage processors are "simply ordering stamps from stamp makers," he said, and are "using those as proof of mortgage assignments after the fact."

That is criminal .

That is fraud.

In a notice on its website, the Florida attorney general said it is examining whether Docx, an Alpharetta, Ga., unit of Lender Processing Services, forged documents so foreclosures could be processed more quickly.

"These documents are used in court cases as 'real' documents of assignment and presented to the court as so, when it actually appears that they are fabricated in order to meet the demands of the institution that does not, in fact, have the necessary documentation to foreclose according to law," the notice said.

Well, fuck me sideways.

These shysters introduce these documents into the court as genuine, and then they are showed to be fraudulent.

And how did all this come to the fore?

The Florida Foreclosure Fraud Weblog:

In the Harpster case, the plaintiff, represented by the Law Office of David J. Stern, submitted to the court an “assignment of mortgage” which supposedly gave the plaintiff, U.S. Bank, the right to proceed with the foreclosure. Cheryl Samons (actually an employee of David Stern) signed the affidavit as the “Assistant Secretary” of MERS, and Terry Rice, a Florida Notary Public, notarized it.

All this supposedly happened on December 5, 2007. Only one problem – the notary’s stamp said Terry Rice’s commission expired on May 19, 2012. That stamp could not have been lawfully issued any time before May 19, 2008. So that assignment document wasn’t really signed on December 5 of 2007 – unless our notary has discovered a way to travel in time.

Judge Tepper was none too pleased about the fraud. When informed by Tampa attorney Ralph Fisher, she not only threw out the fraudulent assignment documents, she dismissed the case “with prejudice” – meaning that U.S. Bank can never again file a foreclosure action against this defendant. It seems pretty likely, now, that the Harpsters are going to get to keep their house as long as they like.

So, either the bankers have discovered a means to travel through time - or they are moronic enough to forge wrong dates on stamps.

But wait, it gets FUNNIER.

Our firm has discovered that foreclosure plaintiffs file false documents all the time. Just last week, I was in a hearing before another judge, who told me a bout a case he had just discovered where two different banks tried to foreclose on the same note against the same defendant. Each plaintiff submitted a sworn affidavit claiming that it owned the note.

Who signed the affidavits for those two banks? The same person – an employee of the plaintiff’s law firm, the Law Office of David J. Stern, P.A.

I am giggling like a little girl now.

I wonder what will happen to Mr. Stern?

Dare I say it - he might have to wear his yarmulka in jail?

So, my cowardly Americans, my cowardly sheeple, my scared, witless obese monsters quivering your 300 lbs of fat at the thought of losing your home - your call.

You can at the very least ask for the documents from your mortgage "holder" and, if it is provided, ask for expert opinion whether it is forged or genuine.

Or, you can continue to live the stereotype of being stupid Americans - the ones everyone in Europe is laughing at - and meekly accept what your overlords deem is your fate.

May I respectfully suggest that you do it soon, as the law is still somewhat on your side (state and judge dependent).

I personally believe that the law will be quickly changed by one of the myriad lobbyists masquerading as a member of Obama's administration - perhaps one with Goldman Sachs ties - that will make it impossible for a lowly scum like yourself (and me, also) to be able to ask for documents.

Do this fast.

Do it now.

Ask for the goddamn papers.


Waxlion said...

"he might have to wear his yarmulka in jail?"
That's a little bit racist and undermines the rest of your article.

Anonymous said...

What will happen to David Stern? Jail? WRONG!

He's "spun-off" all of the non-attorney work his law firm does into a publicly traded company, DJSP. He's making millions and skirting Florida law and the Rules Regulating the Florida Bar. Yet, this is FLORIDA, which has one of the weakest Bar Associations in the country (see Rothstein, Scott), so don't expect anything to happen.

jules_siegel said...
This comment has been removed by the author.
Anonymous said...

So, you don't like Jews? Fuck you too.

Anonymous said...

Good article Goy, looks like you even managed to get the ADL to send their dogs to your blog. Bravo.

paul said...

this should be done...Debt Negotiation Leads

Phil Rack said...

So if there's no paper work to speak of, how do you sell your house?

Anonymous said...

"So, you don't like Jews?"

Well, I don't like Jews who do such shyster things as David Stern, Esq.

It's too bad there's just so darn many of them.