Yesterday, I dashed off a post about the guilty plea taken by Lorraine Brown, the founder of DocX/LPS in which she admits that it was the custom and practice of her company to employ people to forge the signatures of others and to falsely notarize those signatures creating assignments, allonges and affidavits that were both forgeries and perjuries. In short, fraud.
At the end, I said that this could be a game changer. In the comments, folks thought that was a reference to the fact that for once we have a criminal case which involves a top tier executive. That is a big deal no doubt, but not the reason this could possibly change everything.
Homeowners who are being foreclosed upon based on a document chain that includes documents prepared by DocX/LPS have a built-in defense, and actually a counterclaim against Ms. Brown’s company. The defense is that the bank offering these documents as evidence no longer has any right to rely on them as proof of anything, and any bank offering a DocX or LPS document as evidence after yesterday knows or should know that they are committing a fraud on the court and on the homeowner.
Secondly, it would mean that the bank would be unable in many instances to prove an essential factual element of its case, that the mortgage and/or note was transferred to the foreclosing entity, and the matter would be ripe for a Summary Judgment motion by the defendant homeowner. This ONLY applies if there are DocX or LPS documents in your chain of transfer (just like the various MERS defenses only applied if your mortgage was put into the MERS system). Also, there may be other facts or circumstance in individual cases that would moot this point.
How can you tell if you have a DocX or LPS document in your case file? Well, many of the DocX papers I have seen helpfully have a DocX legend in the upper left hand corner. Also, look for documents executed in Alpharettta, Georgia and for LPS, in Florida.
About that counterclaim: In her plea agreement Ms. Brown agrees to make restitution to unspecified “victims” of her forgery scheme. Now, don’t get too happy thinking you are going to ever collect a judgment from her. She also agreed to forfeit millions of dollars, so I don’t expect she will have much left to pay any of you. However, if your counterclaim against Ms. Brown and DocX/LPS, they become parties to your lawsuit and you get to take discovery from them without the bother and expense of hiring private detectives to track down each individual robo signer whose name may appear in the bank’s papers.
While you will still need a process server to do the more expensive out-of-state service to implead her and her company, once that’s done, in many states you can do the rest by mail, up to the in-person deposition. Some states, like NYS, allow for deposition by written question, which can be done in the mail for the price of stamp.
As always, nothing above should be construed as giving you legal advice, this is NEWS and analysis. You should consult your own lawyer and the strategic impact of the above will vary depending on the unique facts of each individual case and the laws of the applicable jurisdiction.
So, while there is some tiny bit of satisfaction to think that maybe, just maybe, some MOTU who blew up the housing market is having just the smallest cold shiver down the spine hearing about actual criminal accountability for even one aspect of the incredibly reckless binge mail-and-wire fraud these mortgage originators and TBTF banks engaged in during the aughts, it’s not what really wows me about this development. I don’t care about the banksters nearly as much as I care about the millions of homeowners who saw their life savings, in the form of home equity destroyed. I care about the millions of other people who were victims of predatory lending and who relied on the bank to not give them a mortgage that they could not afford. After all who ever heard of a lender giving money to someone they knew could not pay it back?
I care that these victims of predatory lending now have a weapon. It will still take work and effort to wield it, it’s not going to be easy; but a profound weapon that if used skillfully can turn the tables in a foreclosure.
Want banks to make meaningful mortgage modifications with principal write downs? Well the specter of losing outright in court makes that kind of settlement much more tenable to the banks.
This could be the beginning of a revolution in foreclosure defenses, that’s the gamechanger.
Photo by FeatheredTar under Creative Commons license




18 Comments

Thank you, Cynthia, for pursuing this “line”, as you have done from early on in this massive fraud fiasco.
Recommended as some of the best “news”, actual and good, to have come from the entire rat’s nest of fraud and deceit which enriched the Banks and their hangers-on.
“News” that human beings, who have been intentionally abused, can actually use.
DW
I hope they are able to use it, t’would be a huge shift in the balance of power
Tweeted. Recommended.
Forwarded it to a couple of reporters and editors at the Milwaukee Journal Sentinel. Continue to hope that they will figure out that if you’re in a retail business, shilling for the 1% doesn’t make much sense.
Thanks for this news, Cynthia. The events yesterday had me checking my (MERS) mortgage to see if there are any other elements of potential fraud on my documents. I am in the process of refinancing my house for lower rate, and so I should be done with the fraudsters, except for how the mortgage is next transferred to the actual lender. One thing I discovered in this process is that the fraudsters did not do an accurate appraisal of my property for the fraud mortgage, which does not matter a lot since I am not selling, but it is a fraudulent presentation of my house.
It doesn’t matter a lot, the appraisals are all over the map, but they did not use accurate info when they came up with the number the last time. And my fraud mortgage was done by WaMu, so they probably did not use people in the south. Though to be clear, my mortgage is not in foreclosure, so that layer of fraud (doc x) is not present.
But I will pass this info along re: the foreclosure that we are defending through (un)Occupy.
This is good news to me. How do they intend to undo all the recorded fraudulent assignments and satisfactions I wonder. This just opened another can of worms. Keep these suits coming, it’s great watching it all come apart.
The last chain of title I looked at in my county had BofA transferring to Chase. BofA is now foreclosing and has been collecting payments all along. Lorraine must have forgotten to give Chase the memo that they are supposed to be ‘servicing’ this loan. She can’t fix this now but the title company will get this straightened out because thats their job, to fix Lorraine’s mistakes and they fix all right, doesn’t matter what it takes, watched it up happen. Lorraine and company were very busy in my area of the Country.
And MERS marches on. Sixty five million loans in MERS, most likely triple that amount of outstanding (unsecured) ‘alleged’ loans because there are no legitimate Satisfactions filed on the previous ‘paid off’ loans.
An aside, I really liked the part about LPS not knowing, right, you betcha..lol.
Fortunately our wise and benevolent owners keep Congress on retainer for just such occasions.
Fraudulent mortgage lock-in legislation in 3… 2… 1…
Oregonians will take it!
I am reminded of how the Columbians finally got Pablo Escobar (the drug king pin). A committee (PEBO) began to target the people who worked with Pablo. PEBO went after his lawyers, accountants, gardeners, etc. Soon, it got very expensive and harder for him to find good help. With that, the noose of his illegal actions became smaller and smaller until he was killed.
If this (DocX/LPS) is the first step towards tightening the legal noose around the banksters, then this will be a great thing.
One would like to think so, Bobster33.
However, this post by bmaz might cause one pause … in that line of reasoning, appropriate and necessary to the Rule of Law that it is.
http://www.emptywheel.net/2012/11/21/how-obamas-doj-sold-out-american-citizens-in-the-robo-signing-criminal-plea/#comment-456482
Obama is quite clearly determined that the Banks, specifically the Big Executives, will NOT be held to ANY meaningful account …
DW
The banks and servicers might plead that they are shocked, shocked to learn that their documents are forgeries. But. The documents are still forgeries, and actions taken based on forged instruments may well be void ab initio.
And for the future, any bank that has one of those forged instruments, especially assignments, in its chain of title will not be able to foreclose. Presenting a forged instrument to a court knowingly is grounds for contempt. I see a bunch of foreclosure mill lawyers suddenly learning how to identify a robo-signed document, lest they spend time in their county jail.
DW, the banks were already off the hook b/c of the 50 state settlment, so even if her plea said that the banks knew every detail every minute of the time, it wouldn’t matter b/c they immunity for the 50 state deal.
So, yeah, it’s pretty obvious that DOJ included language the excupated the banks to cover DOJ’s own ass.
Exactly right, Cynthia. If the Banks are off the hook, then so too is the DoJ.
DW
>>
keep fighting the good fight, Ms. Kouril -
‘when you stand up, you stand for all – when you sit down, they win. To the streets!’ – g.singlaub
Yves Smith over at Naked Capitalism has a very different take on this, arguing that the language in the plea agreement effectively innoculates Lender Processing Services and the banks.
http://www.nakedcapitalism.com/2012/11/justice-in-america-systematic-document-forgery-and-fabrication-yields-one-criminal-plea-bargain.html
We will never return to a chain of title that can be trusted within the past 15 years. It is important to keep all your documents because the legal system has ducked this massive mess in every way. Probably at some point the defrauded investors and especially the pension funds will go crazy when they confront their money sources and find no one wants to take a chance investing in mortgages based on fraud. I wrote to my assessor’s office offering to volunteer like some areas have done to check recorded documents for fraud. They quickly replied they only record documents and have no responsibility for fraud. Probably there is similar “small print” in the title reports. It will be another “too big to fail” collapse and, like the last one, the fat cats will walk free.
Thing is, the banks need someone to do their dirty work. That’s not going to happen if doing that dirty work costs the dirty-work-doer time in prison.
From your mouth to God’s ears.
There is no immunity for crimes under the National Mortgage Settlement nor were homeowners’ claims included in the settlement. The National Mortgage Settlement covered only 5 of the fraud enterprises: Bank of America, Wells Fargo Bank (under which Deutsche Bank masquerades), Citi, Chase and GMAC/Ally (which put its subsidiaries into the RESCAP (GMAC) bankruptcy on May 14, 2012.) Furthermore, the settlement only covered the period up to its approval by the federal district court on April 4, 2012. These crimes are continuing to this day, but there never was a grant of immunity for crimes, even to the 5 major criminal organizations much less any of the other forgery/perjury foreclosure operations.
The servicers all use the DOCX business plan and are still busily forging mortgage assignments and endorsements of notes never transferred to REMIC trusts. Perhaps this conviction will lead to the judges being more cautious when forgery and perjury are alleged. Ms. Brown’s operating was identical to the practices of all the mortgage servicers claiming to act on behalf of the trustees of the nothing-backed securities.