The Assignment & Assumption Agreement

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U.S. Taxpayers on Hook for $5 Trillion of Fannie, Freddie Debt… No Matter What Barney Frank Says

Posted Mar 08, 2010 03:34pm EST by Aaron Task in Investing, Recession, Banking, Housing, Politics

Related: FNM, FRE, XLF, AIG, C, FAZ, JPM

House Financial Services Chairman Barney Frank caused a bit of an uproar Friday when he suggested the U.S. government does not guarantee the debts of Fannie Mae and Freddie Mac.

Rep. Frank later recanted and backed a Treasury Department statement reassuring investors that, yes, Fannie and Freddie Mae debt is guaranteed by the U.S. government. “Going forward,” he said in a statement, we “will make sure that there are no implicit guarantees, hints, suggestions, or winks and nods…we will be explicit about what is and is not an obligation of the federal government.”

But after years of winks and nods, there’s no doubt that Fannie and Freddie now enjoy an explicit guarantee, according to most observers. The U.S. government placed Fannie Mae and Freddie Mac in conservatorship in September 2008: “This means that the U.S. Taxpayer now stands behind $5 trillion of GSE debt,” according to the Congressional Research Service.

The problem is that $5 trillion of so-called agency paper is not treated as if it is a debt of Uncle Sam for accounting purposes, says Richard Suttmeier, chief market strategist at Niagara International Capital and ValueEngine.com.

“Get it on the balance sheet – that’s where it belongs,” Suttmeier says. “Add it to the $14.2 trillion in [federal] debt and let’s move on.”

Another Time Bomb Ticking But $5 trillion is a lot of money – even by government standards — and moving on may be the problem because of ongoing problems in the housing market, Suttmeier says. “There’s a general concern on Main Street U.S.A. that ‘my neighbors are throwing in their keys, there’s more for sale signs in my community…do I want to buy a new home, risking there’s still downside risk to housing?’ ”

Noting the Case-Shiller 20-City Home Price Index is still 50% above 1999 levels and mortgage delinquencies are still rising despite the rebound in GDP, Suttmeier says “victory is nowhere in sight, particularly when the drain we’re going to see from Fannie and Freddie is unlimited losses between now and the end of 2012 — on top of the $400 billion that’s already been allocated.”

Coincidentally (or not), the FDIC is allowing U.S. banks until 2012 before forcing them to fully write-down bad or toxic loans, which is “another time bomb ticking,” Suttmeier says. “They’re hoping the public market comes back into the mortgage arena, which is going to be hard to do.”

Unlimited losses from Fannie and Freddie? Keeping zombie banks alive on the backs of the taxpayer? Suttmeier’s right: There’s no accounting for that.

Source: finance.yahoo.com

Expert Forensic Loan Audit’s for Attorney’s & Borrowers: FORENSIC MORTGAGE INVESTIGATION CORP.

Forensic Mortgage Investigation Corp, (FMI) located in South Florida, is a leading provider of automated and manual loan regulatory compliance audits to Law offices, mortgage industry’s largest originators and investors, as well as medium and small size companies. Using the latest technological audit software, along with easy to understand language, we address all applicable regulatory compliance requirements as well as any Federal and State violations.

Contact: FMI vc@fmi-audit.com (English-Spanish-Portugese) FMI Corp. are not attorney’s.

An extremely valuable tool for attorney’s and individuals who are overwhelmed and do not know where to begin. This Forensic Mortgage Loan Audit exposes red flags and concealed federal & state violations beginning with the initial borrowers loan application (form 1003). Owner has over 20+ years in the banking industry, understands the lending process, branch manager of a key sub-prime lender and was a former member of the board of directors at the International Bank in Washington D.C.

Judges To Attorneys From Foreclosure Mills: Your License is on the Line!

One may have seen this coming, so what do they do…

Go NASDAQ BABY!

By: Matthew Weidner P.A.

For a brief period of time in the history of courts in Florida, lawyers engaged in a widespread and pervasive practice of submitting blatantly false evidence in courts.  This period of time began roughly when the foreclosure crisis moved from the mortgage and lending industries and into Florida courts.

Now that judges and courts have become aware of just how pervasive this practice was, individual efforts on the part of judges and systemic rule changes implemented by the Florida Supreme Court should signal the end of this era.  An article that appeared in the Sarasota Tribune and can be viewed here quotes a local judge, Robert Bennett from Sarasota who recently had one of his opinions reversed by the Second District Court of Appeals.  (Verizzo v. Bank of New York) Found here

In the article, the good judge admits that his initial ruling…in favor of the bank was incorrect.  The decision was a reflection of a judicial system that was totally overwhelmed by problems caused by the mortgage and lending institutions….they caused the problems then dumped their problems in the laps of absurdly understaffed courts and judges then said, “Here, you fix the mess we’ve created!”

It’s taken a while to identify the issues and to grasp the scope of the problem, but now that judges and court systems are aware that they were taken advantage of, the tide has shifted.  New rules and new cases, both from appellate courts and from sister courts, have made judges all over aware of the issues such that they are no longer willing to look the other way and sign off granting sale….when asked how he thinks Plaintiff’s attorneys will comply, Chief Judge Lee Hayworth (long a critic of sloppy Plaintiff practice) had this to say:

“I’m looking forward to see how they do comply,” Haworth said. “Their license could be on the line.”

Liberty and Justice Prevail When Good Judges Sit Firmly on The Bench!

Source: Matthew Weidner Blog

Stopping A Defective Title Wave With A Coupla Outstretched Helping Hands

Posted by L on March 10, 2010 at 11:30pm

Folks, gather ’round ’cause you’re ’bout to hear a tale o’ turned tails.

In early February, a small cohort of colleagues discovered 12 BOGUS mortgage assignments across the state of Florida.

Within days, this group found another 20+ BOGUS mortgage assignments across our once-great, once-honorable USA.

These “Black Deeds”, collectively, are proof that the notaries, witnesses, and signatories on each and every like assignment of mortgage is suspect at best; created as purely fabricated malarkey at worst. Professionals are starting to surmise that all of these mortgage assignments magically produced, presto-chango, to ram another foreclosure through “the system” are not credible evidence upon which the transfer of property, dispensation of justice, and the roof over a family’s head should rest.

Oh, Oh! Oh, where is my mind? One of that fraud excavating group unearthed mortgage assignments transferring property effective 09/09/9999. Now that’s some neat trick, wouldn’cha say?

And, then, here ya’ go: another colleague found a mortgage assignment back-dated four years in order to assign property two years hence. Being no math whiz, would someone please clarify if that is a net back-dating of two years? Perhaps it’s a cumulative formula, adding the 4 years to 2 years, makes the “off dating” 6 years? I dunno! How’s that really work? Sounds like an episode of Beat The Clock!

This is no mere document failure! Please. Call it what it is: foreclosures upon millions of families, evicted from their homes by financial entities with no more rights to take those homes than have you or I. When faced with this fact, the financial entities are creating, fabricating (aka MAKING UP) the “evidence” to prove that they have the
right to take a family’s home and throw them with all their worldly
possessions into the street! Where are the investors who really put up the money for these home loans? They must be singing the blues to see some interloper foreclose a million times over and keep the proceeds from the post-foreclosure sale. Welcome to America! Waive to the Statue of Liberty on your way in. Breathe in that democratic process air we’ve prided ourselves on for lo these 233 years.

There are millions upon millions of families being evicted onto the streets, many with no alternative housing options. It’s not so easy to find a job in the best of circumstances today. Ever tried to find and/or hold down a job without a fixed address? How ’bout the children, in the middle of their school year? What about the beloved pets of foreclosure, fully members of the newly homeless family? Ever tried to find emergency shelter or housing with a deeply loved animal or two? What of the elderly who do not have the remaining lifespan to recover from the terrible financial and personal blow and may face their remaining “golden years” begging for scarce, dwindling social-net resources. What of the disabled, those of us living in America who, without dramatic rescue, are too ill and infirm to ever hope to again live independently under cover.

I may or may not return here to add more…………I’m too distraught to continue writing of my country’s egregious willful complicity in these relentless evictions and property confiscation. My heart and soul start to rupture past the point of repair when I think of how America is treating it’s citizenry, including the weakest of us all; based on a million-fold fraudulent transactions from mortgage origination well past post-foreclosure sale.

Let’s move on in a more wickedly delicious track, shall we?

Two unrelated, remorseful individuals have come forward, whispering to us colleagues with tales of the inner workings and “business practices” of document creation “mills” which may or may not be operating under the direction of foreclosure mill law firm. Permission from the parties has been extracted to publish this post.

Apparently, that same fear, hopelessness, and rage which descend upon one who is evicted from the only home they know to face a bleak and uncertain future……….. Yes, THAT fear, hopelessness and rage! Well, that same emotional response seems to have hit hard on a few past and/or current employees of certain companies which may have been involved in dubious, questionable “business practices”.

A crisis of conscience? Fear of criminal charges? Facing foreclosure themselves? Relative evicted? Family member tenet unexpectedly “trashed out”? Seeing the futility of working out a loan mod? One of the signatories (or employers thereof) who frantically googles the same names over and over and over in a mad search for what is known, what is published?

Perhaps they are somehow, someway involved in the stories and references featured here, here, here, here, here, here, here, here, here, here, here, here, here, here, here, here, here, here, here, or here? Maybe they signed something that was reviewed by a justice-minded judge?

Could it be one or more of these signatories, while working for a “document solutions” company, have been “transferring property and assets” valued in the multi-billions and ostensibly owned by the top financial institutions in the world? Ron Mehig? Bethany Hood? Linda Green? From New House Title? Cheryl Hodge? Korrell Harp? From Law Offices of David Stern? Scott Anderson? Lori Brown? Barbara Hindman? Lori Brown? Whitney K. Cook? Melissa Flanagan? Lillana Morcan? Liquenda Allotey? Christina Trowbridge? Raquel Smith? Branden Kiel? Beth Cottrell? Twanna Thomas? From DocX? Shelly Sheffey? Winona Church? Nancy Reyes? William W. Huffman? Jill Arnold? Shameca Harrison? Kari Marx? Renee Hertzler? Mark Biscof? From LPS? Lorraine Brown?

Who knows? I’m not one to force another to reveal their personal motivations. I enjoy the privacy afforded me by the hard bones of my skull. I often keep my thoughts to myself and extend to others the same respect.

Source: http://www.foreclosurehamlet.org/profiles/blogs/stopping-a-defective-title

Many homeowners will be able to stay in their homes a VERY long time with these assignments.

Mortgage Fraud by Lynn Szymoniak ESQ.

DOCX, LLC
FEDERAL HOME LOAN MORTGAGE ASSN.

Action Date: March 9, 2010 
Location: West Palm Beach, FL 

ON MARCH 9, 2010, researchers for Fraud Digest easily found at least 10 Assignments, for combined loan amounts well over $2 million, with the Assignment Effective Date listed as 9/9/9999. These were all prepared by Docx, LLC in Alpharetta, Georgia, a subsidiary of Lender Processing Services in Jacksonville, FL. These are the same “document preparers/officers of too many banks” that prepared and filed Assignments where the grantor or grantee was listed as “Bogus Assignee for Intervening ASMTS” and also the same people who listed the grantor or grantee as “A Bad Bene.” All of these documents are witnessed and notarized (by other Docx employees). Fraud Digest researchers are now attempting to quantify the number of Assignments (in the hundreds or more likely thousands) where MERS is stated to be the original mortgagee. If the assignment is not effective until 9/9/9999, many homeowners will be able to stay in their homes a VERY long time. Each of these assignments effective in 9999 was to the Federal Home Loan Mortgage Assn. 

Source:

Foreclosure Case Law Update: Matthew Weidner Law

By: Matthew Weidner P.A.

For a short period of time in Florida, pretender lenders and their attorneys had a field day in Florida courts, obtaining foreclosure judgments and title to property based on the flimsiest of evidence.  Now courts are aware of many of the problems with these files and lenders can no longer count on a free ride to the foreclosure auction.  Below is a sampling of case headnotes from recent circuit court opinions that denied foreclosure.  Judges in circuits across the state are now standing up for consumers (or at least for the rule of law) and requiring lenders to prove their right to claim the relief they seek.  A sampling of the headnotes follows:

Mortgages — Foreclosure — Stay — Foreclosure action is stayed until mortgagor has been afforded mitigation and modification opportunities of home affordable modification program

Mortgages — Foreclosure — Standing — Motion for final judgment of foreclosure denied — Plaintiff that did not become holder of note until after suit was filed did not have standing to bring action — Even if assignment could confer standing retroactively, assignment is deficient where jurat does not indicate that it was signed in presence of notary, and assignor does not have documented authority to assign mortgage — Further, motion for summary judgment is deficient where supporting affidavit was signed by person whose only demonstrated authority is to assign and release liens, not by individual with corporate authority and demonstrated knowledge.

Mortgages — Foreclosure — Complaint — Plaintiff has failed to state cause of action where partial terms sheet attached to foreclosure complaint omits details as to who gets paid, when and where payment is due, and amount of payment — Further, assignment that is dated after filing of suit is at variance with complaint — Complaint dismissed with leave to amend.

Mortgages — Foreclosure — Standing — Motion to dismiss is granted with leave to file new or amended complaint to allege that plaintiff is owner and holder of note and mortgage and to allege additional facts that support that allegation.

Mortgages — Foreclosure — Where note filed by plaintiff is endorsed but does not name entity to which it is made payable, plaintiff failed to plead in complaint that it is owner of note or mortgage, mortgage names entity other than plaintiff as mortgagee, plaintiff has filed assignment of mortgage executed and recorded after complaint was filed, and complaint does not demonstrate equitable assignment of mortgage to plaintiff before complaint was filed, plaintiff must amend complaint to allege that it is owner and holder of note and mortgage and identify documents upon which it relies to establish that it holds and owns note and mortgage

Siurce: Matthew Weidner Law Blog