Friday, November 25, 2011


Challenging Mortgage Foreclosure, first why!


Have you, a family member, or a friend lost a home to a Bank Mortgage Foreclosure? Have you , a family member or a friend been encouraged by a Bank Mortgage officer to take out a home loan with your income inflated , your down payment reduced, and the value of the home you were buying inflated by a false market that collapsed? Have you , a family member , or a friend been given given the run around when trying to use federal incentives aimed at allowing your house to be kept? Have you , a family member or a friend lost value in your home to where it is now worth less that what you paid for it? Have you, a family member or a friend ever been enraged because of the stimlus money or bailout received by Wall Street, Big Business and Big Banks? How angry would you be if you knew these same banks were lying on their paper work, committing a fraud on the court just to be able to foreclose and take your house. Now do you understand this small part of why we are protesting in the Occupy Movement? Join us in this economic protest.

This is presented by Terry Bankert of "Occupy Flint". The Occupy Movement is a political push back against the  the political right that has dominated our public policy, our media, and National Politics. To what end? They are responsible for a do nothing congress overseing a republican , Wall Street, Big Business and Big Bank collapsing false economy that has enriched them and impoverised our people. We stood by as they , Wall Street, Big Business and Big Banks were bailed out and we are foreclosed and bankrupted. This push back from the left is similar to the  tea party push back from the Republican conservatives. There is one critical difference. WE OUT NUMBER THEM, STAY FOCUSED AND DEMAND ECONOMIC CHANGE.

DID YOU KNOW “GMAC, JP Morgan Chase (JPM), Bank of America (BAC), and One West employees routinely sign hundreds of documents without verifying what they are signing. Those documents are then submitted to the courts as if they were true to enable Banks to foreclose on delinquent properties.”[11] When is a lie a little lie? Can we presume a bank that will tell a little lie will also tell a big one?

The mortgage industry velocity in moving property interest without proper documentation has created a cesspool of illegal home foreclosures and countless pain to us. As punishment we want the Mortgage Banking Industry to pay for these crimes against the middle class. We demand Congressional and State legislative change and Federal and State criminal prosecutions.I suggest a modification of the Chapter Seven Bankruptcy Code to allow a cram down of all mortgages owed to the present value.


“In Michigan, the attorney general took the rare step in June of filing criminal subpoenas to out-of-state mortgage processing companies after 23 county registers of deeds filed a criminal complaint with his office over robo-signed documents they say they have received.”[8]11/16/2011

DID YOU KNOW “The Attorney General’s Office has made prosecuting mortgage fraud a priority for his office. A mortgage fraud unit was created and teamed up with the Michigan State Police and other law enforcement agencies to tackle the problem. Since January 2009,the Attorney General’s Office has arrested twenty individuals charged with mortgage fraud related crimes totaling at least $1.75 million in losses. They have been charged with some of the toughest crimes a prosecutor can charge for white collar crime -
racketeering, uttering and publishing and false pretenses.”[9]

DID YOU KNOW “These mortgage fraud schemes involve the use of inflated appraisals and straw buyers to gain mortgages far greater than the value of the property. The criminals take the  extra money from the mortgage and leave the straw buyer hanging with a mortgage they cannot afford and property worth far less than the mortgage amount.”[9]

The Occupy movement is about economic justice and accountability through political pressure, accountability through prosecution and legislative change’ Join us in our protest.

Terry Bankert of “Occupy Flint” 11/25/2011


DID YOU KNOW THAT IN OTHER STATES THERE ARE PROSECUTIONS.11/16/2011 “Two title officers have been indicted on more than 600 charges alleging they directed a "robo-signing" scheme that led to the filing of tens of thousands of fraudulent foreclosure documents, the Nevada attorney general's office said Wednesday. [8]

Look at this case ,“GMAC is not listed anywhere on the property profile, yet GMAC shows up on my credit report when they were not involved in the transaction. GMAC failed to explain why we were denied a loan modification, even thought they already knows what type of loan this was, it qualified for a 30% principle reduction.There still is no mention of the illegal foreclosure, GMAC did not assign the mortgage and used an illegal company to foreclose! They continue to rip off homeowners during these economic times and they can’t get away with this! [1]

The Mortgage Industry uses “ Blackwater” like mercenaries to seize property.

Look at this example.

“I came home to find two trucks being loaded with my personal belongings. A “lock-out” company, hired by the bank, informed me that the house was foreclosed upon, and they now were the owners of my personal property.I called the Hillsborough County Sheriff’s Office, and the company was ordered to leave. Once a home becomes foreclosed on, it doesn’t mean that the bank can take your belongings and change the locks. They are required to file a writ of possession that is carried out by sheriff’s deputies.In my case, no writ of possession had been filed. But the lock-out company already had removed several valuables that were never recovered. I felt violated, as if I woke up and found myself in a communist country.


“A Clark County District Court judge issued warrants for California residents Gary Randall Trafford, 49, and Geraldine Ann Sheppard, 62, after a grand jury handed up the 439-page indictment. Their hometowns were unavailable, and they could not be immediately located for comment.”[8]

“The indictment says that between 2005 and 2008, Trafford and Sheppard directed employees to forge their names on foreclosure documents, then notarize the signatures they just forged. The defendants then had the employees file the fraudulent notices of default with the county recorder's office to begin foreclosures on homes. “11/16/2011 [8]

DID YOU KNOW “The Mortgage foreclosure industry is ripe for reform. Here is one example.”On February 11, the Florida Supreme Court amended the rules of foreclosure proceedings in a radical way: they want someone to swear that the allegations in the complaint are actually true. (Buncha bomb-throwers, aren’t they?) [3]

“The amended rule says:

When filing an action for foreclosure of a mortgage on residential real property the complaint shall be verified. When filing an action for foreclosure of a mortgage on residential real property the complaint shall be verified. When verification of a document is required, the document filed shall include an oath, affirmation, or the following statement:

“Under penalty of perjury, I declare that I have read the foregoing, and the facts alleged therein are true and correct to the best of my knowledge and belief.”[3]


“For the plaintiffs’ law firms, the foreclosure mills filing all these lawsuits, the new rule is a disaster – because they can’t possibly confirm the truth of what they file with the courts. How do we know this?”[3]


One of them actually told the Florida Supreme Court so. Shapiro & Fishman, one of Florida’s largest foreclosure mills, has asked the Court to back down from the verification requirement, with the astonishing reason that it’s impossible to get anyone to swear to the truth of a foreclosure complaint.[3]

“Nevada has been the state hit hardest by the recession and the housing crisis, leading the nation in bankruptcies, foreclosures and unemployment. Yet, the problem of shoddy mortgage paperwork, which comprises several shortcuts known collectively as "robo-signing," is more widespread.”[8]

“Judges who handle foreclosures in Maine, California, Arizona, New York and other states have thrown out foreclosure cases because documents apparently were robo-signers. The nation's largest banks, including Bank of America Corp., JPMorgan Chase & Co., Wells Fargo & Co., and other lenders temporarily halted foreclosures nationwide last fall because of the issue. “[8]

THE SYSTEM MOVES MASSIVES AMOUNTS OF PAPER WORK. The Plaintiffs’ lawyers don’t know the truth because the industry is bending or breaking the rules by people not fully informed.

“In their “Motion for Rehearing,” [PDF] Shapiro explained that their lawyers cannot ethically swear to the truth of the papers they file with the court, because they rely on information from others:

It is also unclear whether an attorney or law firm representing a lender can verify a mortgage foreclosure complaint based upon information he/she/it obtained from the client or other parties, including the holder of the note and the servicer.[3]

Plaintiffs are the end of a series of owners of the mortgage paperwork they don’t know the truth

“Well, ok…. If the lawyers can’t do it, how about their clients, the plaintiffs who claim to own the loan? Nope, says Shapiro:

[W]hile the holder of the note may have some limited knowledge in order to verify portions of the complaint, it may not have the necessary knowledge to verify the remainder of the complaint. For example… it may not have personal knowledge of when the last payment on the note was made or if a default notice was mailed to the client.”[3]

No one knows the truth!

“So… the supposed owner of the note ordinarily has no idea when or if they’ve been getting paid? That may sound crazy, but many lender hire “servicing agents” – in essence, bag men – to collect their money for them from borrowers”. [3]


“So, why couldn’t the servicing agents swear to the truth of the complaint? Shapiro says, it’s because they don’t know enough, either…. and what they don’t know will surprise you: Who are these bag men work for.”[3]

“The loan servicer would, presumably, have that knowledge [about payment status of the loan]… but likely would not have personal or direct knowledge of other factual allegations.”[3]

“What “other factual allegations”? Simple things, like who owns the note – the very people these bag men are supposedly collecting for. (If they don’t even know, then who does?)”[3]

“There’s one giant, gaping hole in Shapiro’s argument to the Supreme Court. In every foreclosure action, these law firms submit to the court evidence in the form of affidavits – sworn written statements – which are supposed to swear to the truth of all the elements of the plaintiffs’ claim. These affidavits are the basis for judgment in more than 99% of all foreclosure cases where the house is sold”.[3]

“And Shapiro has just admitted that they are false. Because the one person signing them cannot possibly have “personal knowledge” of all the facts of the case – at least, that’s what Shapiro has said. “[3]


“Workers who processed tens of thousands of mortgage foreclosure papers portrayed their jobs as assembly-line work that required them to sign off on documents without reviewing them.

The depositions — which are sworn statements given in lawsuits against servicers — were released this week by a Florida lawyer defending 3,000 homeowners in foreclosure cases. They are the latest evidence in a controversy over foreclosure practices that has led state officials and federal regulators to investigate whether foreclosure papers filed with courts were false or fraudulent.[4]

“A Wells Fargo employee in South Carolina said in a March deposition that she typically signed 300 to 500 foreclosure documents in a single day and that her only other responsibility was to make sure her name and title were written correctly.

Shown a foreclosure affidavit that she had signed in 2009, she said she did not know if the information was accurate.[4]

FORECLOSURES: Banks seize a record 288,345 homes in third quarter

QUESTIONS: All 50 states launch joint investigation into foreclosures


“In a separate deposition, a foreclosure supervisor for Litton Loan Servicing in Houston could not define the terms "promissory note," "mortgagee," "lien" or "circuit court," even though those terms were on foreclosure papers she had signed. Litton is a mortgage-servicing company, which collects mortgage payments and forwards them to the mortgage holders.

Litton Loan declined to comment.[4]

“A third witness was a Bosnian refugee who came to the U.S. in 1999 and spent nine years working as a housekeeper, teacher's aide, Walmart clerk and in the shipping and receiving office of Washington Mutual in Jacksonville. She was made a "document execution specialist" in 2008 for WaMu, which is now part of JPMorgan Chase. The woman, who speaks halting English, testified that she signs 30 to 40 affidavits a day”.[4]

“JPMorgan is expanding its document review to 115,000 loans because of possible concerns about the affidavits' signatures and notarization, spokesman Tom Kelly says. He says JPMorgan

began making changes to its processes earlier this year


“The depositions were released by Deerfield Beach, Fla., attorney Peter Ticktin, who says he has taken 150 depositions from bank employees who make similar admissions about foreclosure documents they signed off on.”[4]

"This is what all the problems are about," Ticktin says. "These document signers are at the heart of the problem."[4]


“They're now popularly known as "robo-signers," because recently released depositions from other lawsuits revealed some mortgage-servicer employees admitting to signing off on thousands of foreclosure documents a month without giving them proper review.”[4]


“In 23 states that require judicial approval to foreclose, servicers must prepare affidavits and documents for courts to review. They are supposed to be verified and signed in the presence of a notary.”[4]

“Investigators are trying to determine if faulty and fraudulent documents were filed to foreclose on homeowners in violation of state laws. “[4]


“Another common trade practice is to create pre-dated, backdated, and fraudulent assignments of mortgages and endorsements before or after the fact to support the allegations being made by the foreclosing party.”[5]


“ Foreclosing parties are most often the servicer or MERS acting on the servicer’s behalf, not the owners of the actual promissory note. Often, they assist in concealing known frauds and abuses by originators, prior servicers, and mortgage brokers from both the borrowers and investors by the utilization of concealing the true chain of ownership of a borrower’s loan.”



The following

twenty people have been charged and this is only the beginning:[9]


1. People v. Patricia Michno Uttering & Publishing 6th Circuit Court – Oakland

2. People v. Dequincy Hyatt Racketeering/False Pretenses 16th Circuit Court – Macomb

3. People v. Seaesther

Thompson-Hayes Racketeering/False Pretenses 16th Circuit Court – Macomb

4. People v. Aaron Brooks Racketeering/False Pretenses 16th Circuit Court – Macomb

5. People v. Pietro Biundo False Pretenses 41B District Court – Clinton


6. People v. Evelyn Santana ID Theft/False Pretenses 3rd Circuit Court – Wayne

7. People v. Dagoberto Reyes ID Theft/False Pretenses 3rd Circuit Court – Wayne

8. People v. Bilal Hashem Uttering & Publishing/False

Pretenses 3rd Circuit Court – Wayne

9. People v. Ali Haidous Uttering & Publishing/False

Pretenses 3rd Circuit Court – Wayne

10. People v. Sami Makky Uttering & Publishing/False

Pretenses 3rd Circuit Court – Wayne

11. People v. Mahmed Beydoun Uttering & Publishing/False

Pretenses 3rd Circuit Court – Wayne

12. People v. Eddie Zaben Racketeering/False Pretenses 3rd Circuit Court – Wayne

13. People v. Hayder Azawi Racketeering/False Pretenses 3rd Circuit Court – Wayne

14. People v. Jeffrey Barry False Pretenses 29th Circuit Court – St. Johns

15. People v. Damon Clark Racketeering/False Pretenses 8th Circuit Court - Stanton

16. People v. Reginald Tardy Racketeering/False Pretenses 8th Circuit Court - Stanton

17. People v. Maria Hernandez False Pretenses/Identity Theft 17th Circuit Court – Grand


18. People v. Richard Gosselin Racketeering/False Pretenses 3rd Circuit Court – Wayne

19. People v. Rita Gosselin Racketeering/False Pretenses 3rd Circuit Court – Wayne

20. People v. John Klein Uttering & Publishing/False

Pretenses 6th Circuit Court – Oakland [9]












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