Deutsche Bank National Trust Co. foreclosed, hired a company to “trash out”

Isn’t this everyone’s scenerio??

This is why every house belongs in ReoFraud.com

 

Family files lawsuit against bank, say Newaygo home was unfairly foreclosed

By John Agar | The Grand Rapids Press

April 27, 2010, 6:39AM

home press conference.jpgGrand Rapids Press File PhotoRick and Sherry Rought of Gowen. GRAND RAPIDS — Rick and Sherry Rought of Gowen paid cash for the old house, a $14,000 fixer-upper, for their daughter, Hannah, while she attended Ferris State University.

Seven months later, after the couple started repairs and moved in furniture, Deutsche Bank National Trust Co. foreclosed, hired a company to “trash out” the Roughts’ belongings, and changed locks and turned off utilities, according to a lawsuit filed Monday in U.S. District Court.

They believe that Deutsche, as trustee of Ameriquest Mortgage Securities Inc., didn’t realize the house, repossessed in 2006, was not subject to foreclosure.

It is a nightmare that has happened across the nation as the economy tanked, the couple’s attorney, Carlin Phillips, said at a press conference.

“It’s like the Wild West right now in the foreclosure industry,” he said.

Deutsche, however, said it played no role in the dispute, and that the alleged actions came under the purview of American Home Mortgage Serving, which took over service of the loan from Ameriquest.

Deutsche acts as a trustee and has an administrative role in such cases, but has “no beneficial ownership stake or interest in the underlying mortgage loans,” spokesman John Gallagher said.

The trust company holds legal title for the benefit of investors.

Gallagher said loan-servicing companies, not the trustee, “are responsible for foreclosure activity, maintenance of foreclosed properties and resale of foreclosed properties.”

A spokeswoman said they could not comment.

The Roughts said they contacted Deutsche and Field Asset Services, the Texas-based company whose agents allegedly entered the property, but got nowhere. In fact, after the August 2009 incident, when belongings were taken and locks changed, their house was entered twice more, with winterizing done that prevented use of utilities, including water.

The Roughts bought the house, at 406 Pierce Road in Newaygo County, about 25 miles west of Big Rapids, in February 2009.

They started to make repairs. In late August, their U.S. flag and bracket, riding lawn mower and firewood were gone. On the front door, a note from Field Asset Services said it maintained the lawn.

In October, a contractor, Out in the Woods LLC, which was not named as a defendant, got into the house to turn off utilities, the lawsuit said.

Out in the Woods left a note that said the property had been winterized, with anti-freeze placed in toilets, sinks and traps, and warned anyone who turned on the water that they could be held liable for damage.

The Roughts sent e-mails to Field Asset Services, ordering their representatives stay off their property. They also listed damages to property, along with missing items, including a dining-room table, four chairs, pots and pans, and cabinets that had been attached to walls.

“It is now December 1 and we have not heard a word,” Rick Rought wrote in an e-mail. “We had expected an answer by now and quite frankly am appalled at the total lack of respect and professionalism of your company. … We are trying to be patient and settle this peacefully. What would you do?”

A month later, he wrote, “Is there anyone in upper management I can talk to?”

In February, someone entered his home again and took a lock box from the front door.

The couple contacted state police after the initial break-in, but the complaint did not lead to charges, records said.

Sherry Rought said the couple contacted a local attorney, who wouldn’t handle the case. She went online, and found Phillips and Joseph deMello, both Massachusetts attorneys, had handled similar cases. The attorneys said the Roughts were victimized by greedy companies that didn’t bother to check whether their property was in foreclosure.

“It’s almost like they are vultures when they think a property is foreclosed upon,” deMello said. “They didn’t do due diligence.”

He said other banks have been involved in such cases.

“The problem is, they’re too big to care.”

The Roughts, who cashed out some retirement savings, said they were trying to turn the house into a home, but that dream is ruined. Early on, they figured the mix-up would be fixed. Now, they don’t want their daughter living there. They don’t dare make improvements, or bring belongings over.

Sherry Rought is certain her family has “lost credibility” in the neighborhood, and said some people don’t believe they paid for the house.

The lawsuit said: “The Defendants actions were taken with a gross disregard for the (Roughts’) rights and were so severe and outrageous so as to shock the conscience and cause the (Roughts) severe emotional distress, embarrassment and ridicule.”

E-mail John Agar: jagar@grpress.com

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National foreclosure auctions go online via LPS: “CAVEAT EMPTOR”

Submitted by Kevin Turner on April 16, 2010 – 4:56pm Market Value

The Duval County Clerk’s Office has offered online bidding for foreclosed properties for some time, and now Jacksonville-based Lender Processing Services is bringing bank-foreclosures all over the U.S. online.

Through its LPSAuctions.com Web site, LPS is to open bidding on single-family homes, condominiums and town homes from Coral Springs to Tacoma, Wash. The bid deadline for the homes listed in the “Spring Clearance” auction on the site is May 10.

So now it’s official they have they’re hands in all Real Estate! My question is how…why would any state permit them to sell anything if they are under the scope of the FEDS?? Take a look below.

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After ongoing INVESTIGATIONS: Lender Processing Services (LPS) closed the offices of its subsidiary, Docx, LLC, in Alpharetta, Georgia

EXTRA! EXTRA! Read All about the misconduct of Lender Processing Services f/k/a FIDELITY a/k/a LPS

U.S. Probing LPS Unit Docx LLC: Report REUTERS

U.S. Probes Foreclosure-Data Provider:Lender Processing Services Unit Draws Inquiry Over the Steps That Led to Faulty Bank Paperwork (LPS VIDEOS)

Feds Investigating LPS Subsidiary DOCX: Jacksonville Business Journal

Fidelity’s LPS Secret Deals With Mortgage Companies and Law Firms

TOPAKO LOVE; LAURA HESCOTT; CHRISTINA ALLEN; ERIC TATE …Officers of way, way too many banks Part Deux “The Twilight Zone”

Stopping A Defective Title Wave With A Coupla Outstretched Helping Hands

BOGUS ASSIGNMENTS 2…I’m LOVING this!! LPS DOCx ADMISSIONS SEC 10K ROOFTOP SHOUT OUT!

 

HOLY SMOKES BAC Pitching for #4 I think!!! Bank of America (NYSE: BAC) Forecloses On and Sells Home on Homeowner Who was Current on Mortgage

I’d like to see the paper work…If anyone has the address I’d like to investigate how this made it to where it was…Something much deeper than this story!!!

Posted: 10 Apr 2010 07:29 AM PDT

Bank of America (NYSE: BAC) has inadvertently foreclosed on and sold a  home in Jackson County, Georgia, where the two homeowners were up-to-date on their mortgage payment, according to a report from Fox’s Atlanta Affiliate.

“On Tuesday, my husband was working on his truck. A guy came over to him, I think, and shook his hand and said, ‘Hi, I just bought this house.’ [My husband was] thinking to himself, ‘Yeah right, you’re joking,’” said Rani Achaibar, the homeowner whose house was auctioned off.

Without the knowledge of the Achaibars, Bank of America auctioned off their home at the Jackson County courthouse. The family said that their house, worth $500,000 somehow made it onto a foreclosure list.

“He had the paperwork in his hand and I said, ‘Oh my gosh!’ So sat down, got Bank of America on the phone right away, verified, not delinquent, but didn’t say there was a mistake,” recalled Achaibar.

The Achaibars’ mortgage statements showed that their monthly payments had been maid on time, but the Achaibars have said that they have had a difficult time getting answers from the bank.

“They sold my house overnight and they need to fix this fast,” said Achaibar.

A representative for Bank of America said, “It appears that a mistake has been made in this case. We are working diligently to research and rectify the situation as quickly as possible. We apologize to the Achaibar family for this unfortunate mistake.”

“Thank God it was a nice person who bought our house or he probably would have put us out,” said Achaibar.

Here’s the video from MyFox Atlanta:

This article (Bank of America (NYSE: BAC) Forecloses On and Sells Home on Homeowner Who was Current on Mortgage) was originally developed by and is property of American Banking News.

******BREAKING NEWS******Scandalous – Substantiated Allegations of Foreclosure Fraud That Implicates the Florida Attorney General’s Office (Erin Cullaro) and The Florida Default Law Group (FDLG)

SPREAD THIS LIKE WILDFIRE! This cannot continue!

Via 4ClosureFraud…

Pay attention all!

We have been sitting on this information for some time now due to ongoing investigations but since the cat is out of the bag here we go…

Over at  Matt Weidner’s Blog

He reports on the transcript and motion from a hearing held in a Volusia County Courtroom from Ice Legal.

Bombshell- Substantiated Allegations of Foreclosure/Affidavit Fraud That Implicates the Florida Attorney General’s Office

I’ve said it before and I’ll say it again, the attorneys at Ice Legal may be the most aggressive and hard charging Foreclosure Fraud Fighters in Florida.  When this whole system comes crashing down and when judges and the Florida Supreme Court put an end to the systemic abuses of the court process being perpetrated by the foreclosure mills, the attorneys at Ice Legal will rightly take their fair share of the credit.

Attached here is a must read Motion along with a copy of a transcript from a hearing held in a Volusia County Courtroom.  The Motion lays out a very disturbing set of allegations…

This is a foreclosure action filed by WELLS FARGO BANK, NA (the “BANK”). The BANK is represented by Florida Default Law Group, P.L. (“FDLG”). On behalf of the BANK in this case, and on behalf of other clients in other cases, FDLG filed affidavits to establish that the attorneys’ fees it was allegedly paid were reasonable. The affidavits purport to have been executed by Lisa Cullaro, the appointed expert on attorneys’ fees. The notary who allegedly administered the expert’s oath and vouched for her signature was Erin Cullaro, a former employee of FDLG and now an Assistant Attorney General in the Economic Crimes Division of the Office of the Attorney General.

Not only was Erin just a former employee, she was one of the lead counsel for Michael Echeverria, the owner of FDLG (Florida Default Law Group)

Just recently their website http://www.echevarria.com/AttorneyProfiles.htm went “offline” but Google cashed version is here…

I also archived it here…4CLOSUREFraud for the PROOF!

 

Compare the signatures:

Continue to 4closurefraud for the rest …

Below is a FDLG letterhead from 2003 with Erin Cullaro listed.

Fidelity’s LPS Secret Deals With Mortgage Companies and Law Firms

Via b.daviesmd6605

COMPLAINT TO THE HEART OF THE SECRET LPS SOCIETY THAT MAKES AND CREATES DOCUMENTS TO BE USED FOR THE BENEFITS OF THE INEFFECTIVE SERVICERS.

Who’s Your Daddy 101? by: Nye Lavalle

Pay attention or get an (F) for FORECLOSURE!

Nye Lavalle Said:

This may sound crude, but it’s the only analogy that’s easy for people and judges to understand.

A woman goes to a party or is promiscuous and sleeps with 6 men in a night or week. The following week she is pregnant. There is one man who is the best looking, strongest, best shape and richest of them all, so she wants him to be the father. Two other men who find out she’s pregnant claim paternity. NOW, before the age of DNA and computers and all, it was simply someone’s word and testimony against another.

However, with the advent o DNA testing and sequencing genes, we can tell who the father is. So, a judge would understand the following:

Judge, this has been a very promiscuous note. It’s gotten around (transfered, pledged, sold, assigned) quite a bit and it never used protection (recording in public records and indorsing note). After being with at least a dozen different partners, our note is now pregnant (ripe for pay off/liquidation).

The MOM (MERS, servicers) says Daddy #1 is the daddy, but the baby (original note) has blond hair and blue eyes judge and the mom and claimed dad are both dark hair and dark eyes so we’re suspicious.

Two dark hair and brown eyes men come forward and state: Judge we both slept with this woman during the time she claimed to be pregnant. Now, 3 different men have potential paternity.

NOW, THE ONLY WAY you can determine who the father (holder in due course) is to take blood samples (accounting, servicing, custody, and investor reports and data) from EACH MAN (servicer//transferee etc..) to see who’s DNA it was and all the others to determine the dad and who owes child support.

Unless you do the DNA (forensic analyses of all docs and records), it doesn;t matter what the bank lawyers, or servicers say, it what really transpired here!

Without seeing where that NOTE (not mortgage) came on and off anyones books; how it was endorsed and when; who has possession and custody and who negotiated the note and PAID for it, you’ll never be able to answer the age old question, “WHO’S YOUR DADDY?”

FLORIDA BAR Inquiry COMPLAINT FORM

THIS IS NOT LEGAL ADVICE

InquiryBarComplaintForm

The Client Assistance program is called the Attorney Consumer Assistance Program (ACAP). ACAP is the department that handles client complaints and even can resolve some problems before a complaint is filed. Call the ACAP Hotline – 866/352-0707.

If any of you have any other states please feel free to link to comments and note the STATE.