MORTGAGE SERVICING COMPANIES PREPARING “REPLACEMENT” MORTGAGE ASSIGNMENTS: By Lynn E. Szymoniak, Esq., Ed.

MORTGAGE SERVICING COMPANIES

PREPARING “ REPLACEMENT” MORTGAGE ASSIGNMENTS

By Lynn E. Szymoniak, Esq., Ed. Fraud Digest, May 6, 2010

CALIFORNIA – ORANGE COUNTY

Carrington Mortgage Services, LLC

Tom Croft and others

CALIFORNIA – SAN DIEGO COUNTY

Chase Home Finance

FLORIDA – BROWARD COUNTY

Patricia Arango, Caryn Graham and others

Law Offices of Marshal Watson

FLORIDA – BROWARD COUNTY

Cheryl Samons, Beth Cerni and others

Law Offices of David Stern

FLORIDA – DUVAL COUNTY

Lender Processing Services

Valerie Broom, Margaret Dalton, Michele Halyard, Michael Hunt, Joseph

Kaminsky, Kathy Smith, Coleman Stokes and others

FLORIDA- HILLSBOROUGH COUNTY

Florida Default Law Group or Law Offices of Daniel Consuegra

FLORIDA – PALM BEACH COUNTY

Ocwen Loan Servicing

Scott Anderson, Oscar Taveras, Doris Chapman, Jonathan Burgess, Laura

Buxton and others

FLORIDA – PINELLAS COUNTY

Nationwide Title Clearing

Bryan Bly, Vilma Castro, Dhurato Doko, Jessica Fretwell and others

GEORGIA – FULTON COUNTY

Lender Processing Services

Linda Green, Korell Harp, Jessice Ohde, Linda Thoresen, Tywanna Thomas,

Cheryl Thomas, Christie Baldwin and others

MINNESOTA -DAKOTA COUNTY

Lender Processing Services

Liquenda Allotey, Topeka Love, Christine Anderson, Christine Allen, Eric Tate

OHIO – FRANKLIN COUNTY

Chase Home Finance

Christina Trowbridge, Whitney Cook and others

PENNSYLVANIA – ALLEGHANY COUNTY

Home Loan Services, Inc.

PENNSYLVANIA – MONTGOMERY COUNTY

GMAC (and Homecomings Financial)

Jeffrey Stephan, John Kerr and others

SOUTH CAROLINA – YORK COUNTY

America’s Servicing Company

John Kennerty, China Brown and others

TEXAS – COLLIN COUNTY

BAC Home Loan Servicing, f/k/a Countrywide Home Loans Servicing, LP

TEXAS – DALLAS COUNTY (COPPELL, TX)

American Home Mortgage Servicing

TEXAS – HARRIS COUNTY

Litton Loan Servicing, LP

Marti Noriega, Denise Bailey, Diane Dixon and others

TEXAS – TARRANT COUNTY

Saxon Mortgage Services

TEXAS – TRAVIS COUNTY

IndyMac Bank Home Loan Servicing

Brian Burnett, Kristen Kemp, Suchan Murray, Chamagne Williams and others

TEXAS – WILLIAMSON COUNTY

IndyMac Bank (years after IndyMac Bank, F.S.B. ceased to exist, many of the signers will sign as officers of IndyMac Bank, F.S.B. (the entity that should have made the assignment to the trust years ealier)

Erica A. Johnson-Seck, Dennis Kirkpatick, Eric Friedman and others

UTAH

SALT LAKE COUNTY

Select Portfolio Servicing

Luisa Alfonso, Bill Koch and others

Many mortgage-backed securitized trusts are missing critical documents needed to foreclose – i.e., the mortgage assignment. An excellent discussion of this is found in the decision of Massachusetts Land Court Judge Keith Long reaffirming a 2009 ruling (Ibanez) that invalidated foreclosures on two properties because the lenders did not hold clear title to the properties at the time of the foreclosure sale. Mortgage assignments were a key issue in Ibanez, a case that involved ineffective assignments to the Trust. Judge Long noted:

…the plaintiffs’ own securitization documents required mortgage assignments to be made to the plaintiffs in recordable form for each and every loan at the time the plaintiffs acquired them. Surely, compliance with this requirement would (and certainly should) have been a priority for an entity issuing securities dependent on recoveries from loans, such as these, known from the start to have a higher than normal risk of delinquency and default. U.S. BANK, N.A. v. Antonio Ibanez, et al., Commonwealth of Massachusetts, Land Court Dept., 08 MISC 384283 (KCL).

This Ibanez decision and many others deal with the issue of mortgage assignments prepared years after the closing date of the trust, usually when the Trustee or mortgage servicer has realized that the Trust does not have the assignment needed to foreclose or has a defective assignment – such as one issued in blank, unsigned and undated.

Many trusts and servicers try to replace the missing assignments, often with assignments executed within a few months of the foreclosure – and in many cases even after the foreclosure is filed or the home is sold (in non-judicial foreclosure states). The date and place of the Assignment often reveals whether the Assignment is actually a “replacement” – issued years after the Trust closed, and even years after the original lender supposedly making the Assignment disappeared into bankruptcy.

The servicer rarely identifies itself and discloses that this is an attempt to replace a missing assignment. It is, therefore, very useful to know that Mortgage Assignments notarized in the counties above are more often than not replacement Assignments prepared by or on behalf of the Trusts – by the servicers for the Trust or document preparation companies working for the servicers, or even law firm employees working for the Trust.

Please send corrections/additions to szymoniak@mac.com.

MERS Affidavit: Exactly who and what they are.

From: b.daviesmd6605

LPS Asset Management Launches Short-Sale Service: “CAVEAT EMPTOR”

CAVEAT EMPTOR

March 22, 2010 – Lender Processing Services

 
LPS Asset Management Launches Short-Sale Service

Service helps lenders respond to short-sale offers more efficiently

Lender Processing Services, Inc. (NYSE:LPS) , a leading provider of integrated technology and services to the mortgage and real estate industries, is pleased to announce the launch of its professional short-sale service. Offered through LPS Asset Management Solutions, LPS’ short-sale solution helps servicers respond more quickly to short-sale offers and close more transactions.

In the current environment, servicers must be prepared to efficiently leverage alternatives like short sales. They must also be able to manage an increase in short-sale requests from borrowers and process the increased volume, while minimizing risk exposure and keeping operating complexity to a minimum.

‘As the need for short-sale management continues to increase, servicers must have an exceptionally efficient process in place for accuracy, timeliness and high-performance results,’ said Chad Neel, president of LPS Asset Management Solutions, LPS Field Services and LPS Auction Solutions. ‘With our extensive industry and short-sale experience and resources, we are ideally poised to help servicers streamline the short-sale process, enabling them to keep costs down and work with defaulted homeowners more effectively.’

LPS Asset Management Solutions has an established network of seasoned asset managers who manage, market and sell distressed and bank-owned properties, so servicers don’t have to experiment with alternatives or create alliances that may not offer the same benefits. LPS Asset Management Solutions’ ability to quickly draw upon related LPS resources, including property preservation and code enforcement services, title and closing services, analytics, valuations, MLS data and market trending data, offers servicers a powerful, comprehensive solution for its short-sale needs.

With the expertise and ability to assist servicers at any stage of the short-sale process, LPS works directly with its clients to review title; assess and resolve junior liens; review property values against short-sale offers; evaluate the equity position for each transaction; perform occupancy checks; and provide property preservation services, if necessary.

Additionally, LPS can coordinate short-sale offer reviews to provide guidance on whether the offers are in line with local market values and appropriate for the servicer’s objectives. Finally, LPS can either manage the entire closing process for short-sale offers that are accepted, or support servicers with property auction and deed-in-lieu services to expand the choices available to help clients and their borrowers conclude their transactions.

For more information regarding the LPS Asset Management Solutions’ short-sale services, call (720) 566-8025.

About Lender Processing Services

Lender Processing Services, Inc. (LPS) is a leading provider of integrated technology and services to the mortgage and real estate industries. LPS offers solutions that span the mortgage continuum, including lead generation, origination, servicing, workflow automation (LPS Desktop®) portfolio retention and default, augmented by the company’s award-winning customer support and professional services. Approximately 50 percent of all U.S. mortgages by volume are serviced using LPS’ Mortgage Servicing Package (MSP). LPS also offers proprietary mortgage and real estate data and analytics for the mortgage and capital markets industries. For more information about LPS, please visit http://www.lpsvcs.com.

 

Contact: Michelle Kersch Media +1-904-854-5043 michelle.kersch@lpsvcs.com
Company: Lender Processing Services, Jacksonville-Florida
Web Link: http://www.lpsvcs.com

Source: http://www.mortgagemag.com/news/2010/0316/1000016436070.htm

or see my write ups on them HERE

To ROB a COUNTRY, OWN a BANK: William Black

William Black, author of “Best way to rob a bank is to own one” talks about deliberate fraud on Wall St. courtesy of TheRealNews

Stop trying to get through the front door…use the back door…Get a Forensic Audit!

Not all Forensic Auditors are alike! FMI may locate exactly where the loan sits today.

 

This will make your lender WANT to communicate with you. Discover what they don’t want you to know. Go back in time and start from the minute you might have seen advertisements that got you hooked ” No Money Down” “100% Financing” “1% interest” “No income, No assetts” NO PROBLEM! Were you given proper disclosures on time, proper documents, was your loan broker providing you fiduciary guidance or did they hide undisclosed fees from you? Did they conceal illegal kickbacks? Did your broker tell you “Don’t worry before your new terms come due we will refinance you”? Did they inflate your appraisal? Did the developer coerce you to *USE* a certain “lender” and *USE* a certain title company?

If so you need a forensic audit. But keep in mind FMI:

DO NOT STOP FORECLOSURE

DO NOT NEGOTIATE ON YOUR BEHALF WITH YOUR BANK OR LENDER

DO NOT MODIFY YOUR LOAN

DO NOT TAKE CASES that is upto your attorney!

FMI does however, provide your Attorney with AMMO to bring your Lender into the negotiation table.

Indymac Federal Bank Fsb V. Israel A. Machado : Deposition of Erica Johnson-Seck

Indymac Federal Bank Fsb Vs. Israel a. Machado :

ICE LAW Deposition of Erica Johnson-Seck

In this depo you will see exactly how this Illegal Foreclosure FRAUD is fabricated, conspired, concealed, manipulated and fraud upon the courts.

Click this SEC #2 THIS2 

TKO BLOW x’2 to Law Offices of David J. Stern “Mill” Via Jeff Barnes, Esq. FDN

Yup! You heard it right X’s 2…I feel it’s going to be one of the great defense attorney’s in Florida that will bring down the MILL’s who are destroying families. Mark my words watch for Jeff Barnes, Matt Weidner, Greg Clark, George Gingo and Ice Law… Baby! Many other…Lets not forget the attorney who is diligently uncovering assignment fraud time after time Lynn Szymnoniak ESQ.

ANOTHER BORROWER VICTORY IN FLORIDA: JUDGE VACATES SUMMARY JUDGMENT WRONGFULLY OBTAINED BY LAW OFFICE OF DAVID J. STERN FOR DEUTSCHE BANK AS TRUSTEE FOR SECURITIZED MORTGAGE LOAN TRUST

March 17, 2010

FDN has obtained another borrower victory in Florida by having a summary judgment of foreclosure vacated. The Judge in the Brevard County Circuit Court has entered an Order, on motion of the borrower which was prepared, filed, and argued in person by Jeff Barnes, Esq., vacating and setting aside a Final Summary Judgment of Foreclosure and enjoining any foreclosure sale. The Motion set forth that the Judgment was void as there was no proof of legal standing.

The Complaint, filed by the Law Offices of David J. Stern, P.A., alleged that the Plaintiff was the holder and owner of the note and mortgage by an assignment “to be filed”. No such assignment was ever filed, and thus Plaintiff Deutsche Bank fraudulently represented to the Court that it had proper legal standing to foreclose when in reality it did not. The threshold hurdle of proof of legal standing to foreclose under Florida law was recently highlighted by the Florida Second District Court of Appeal in the BAC Funding decision which was recently discussed on this website.

The same day that the hearing took place on the Brevard County Motion, FDN attorney Jeff Barnes, Esq. was presented with yet another case filed by the same attorney from the Stern law office for the same client (Deutsche Bank as “Trustee” of a securitized mortgage loan trust) with the same problem (no assignment or proof of VALID ownership of the Note and Mortgage) but filed in Manatee County, Florida with a summary judgment having been entered in favor of Deutsche Bank despite no assignment ever having been filed. A Motion has thus been filed to seek vacatur of the Stern Summary Judgment entered in this separate proceeding.

FDN litigates foreclosure cases throughout the State of Florida as well as in 27 other states, assisted by local counsel. The consistent pattern which is emerging, as to Deutsche Bank, is a misrepresentation of ownership of the Note and Mortgage (or “Deed of Trust” as it is called in non-judicial states other than Georgia, which terms the instrument a “Security Deed”); lack of valid ownership interest in these instruments and the rights attendant thereto; and a failure to produce competent evidence of any ownership (meaning that meritless MERS assignments are not “competent”). This pattern is present in numerous states with different law Firms. Deutsche Bank thus continues to be an entity whose representations must be carefully examined in any foreclosure attempt, because there is a high probability that one or more of its representations are false.

Jeff Barnes, Esq., www.ForeclosureDefenseNationwide.com

via 4closurefraud

Lender Processing Services Inc. (LPS) Revolving Door To Washington D.C.

Thursday, March 4, 2010
LPS opens Washington D.C. office

Jacksonville Business Journal – by Rachel Witkowski Staff reporter

Lender Processing Services Inc. recently opened an office in Washington, D.C. in order to attract more government work, the company announced Thursday.

The Jacksonville-based technology and services provider (NYSE: LPS) to the mortgage and real estate industries said having an office in the nation’s capital “gives LPS the ability to quickly respond to the needs of its government clients and to increase its presence by pursuing opportunities with new government partners.” (What exactly do they mean?)

The company said it is currently has contractual relationships with a number of federal agencies. The D.C. office will provide services including mortgage consulting, technology, portfolio data analytics and risk management as well as due diligence and valuation. (HUH? Due Diligence? See the Class Action on the Assignments they fabricated up in DOCx GA & LPS MN?)

“In today’s challenging economic environment, government agencies need expert support and data to make the most informed decisions, mitigate risks and operate at peak efficiency,” said LPS’ co-chief operating officer, Eric Swenson in the announcement. “LPS’ proven, robust technology solutions and extensive governmental expertise can help agencies quickly adapt to changing market conditions and regulatory requirements for optimal performance.”

Once again the Governement looking after the best interest of it’s people…NOT!