• The English Statute of Frauds was adopted in 1677 for reasons almost identical to what we see today, professional witnesses willing to perjure themselves for the highest bidder.

    Until the past several years our adoption of almost identical statutes (in short that all contracts for the sale of real estate be in writing) had kept us safe from this kind of crap.

    If only our elected officials (executive, legislative and judicial) had the will to protect citizens instead of criminal enterprises.

  • stupendousman commented on the diary post Why isn’t this a front page story nationwide? by Cynthia Kouril.

    2012-12-11 12:18:53View | Delete

    An excellent question Ms. Kouril, and one that myself and others (you included) have been asking for several years now. I’ll be making a presentation to my state rep that heads our version of a foreclosure task force. We’ll see if the rep is really interested, or if the rep blows me off like every [...]

  • DWBartoo,

    What is to prevent other states from …

    It is said the best indicator of future behavior is past behavior. There are many citizen activists that have been trying to persuade local and state officials to pursue audits, investigations, indictments, charges, prosecutions, and for some number of years. Providing heaps of clear evidence has not persuaded them. My local and state officials can hardly contain themselves in attempting to make meritless and specious legal arguments that there has been no criminal behavior.

    I consider that the few examples of officials holding criminals accountable we have at present are more in line with being accidental than they are intentional.

    While I’m hopeful we will see more accountability in fraudclosure land I have to say I’m not holding my breath.

  • The models for forgery, fabrication and perjury as relates to mortgages and foreclosure was NOT developed by Brown, or Docx.

    To verify the above one need only look at public records. Affidavits submitted in an untold number of cases are one source of verification. Assignments in land records are another. An untold number of these false affidavits, and forged and fabricated assignments, were prepared and executed by parties OTHER THAN Brown, DocX, or LPS Document Solutions.

    A read of the April 7, 2011, Memorandum and Opinion from the In re Wilson case (Eastern District LA, Case 07-11862) shows clearly that Fidelity National Information Services was involved a number of years ago. A read of the Fidelity internal news letter of Sept. 2006 shows clearly that the Fidelity Document Execution Team was pumping out 1000 documents daily.

    Cynthia, here is a link to the menu and price list I believe you referred to – http://www.scribd.com/doc/38591053/Lender-Processing-Services-DOCX-Document-Fabrication-Price-Sheet

    After reading the various documents associated with the Brown plea, and commentary here and other places, it looks to me as if this is an attempt to shut the door on robo-signing generally, and to further preclude victims of the criminal acts from seeking redress, finding relief, or ever being made whole.

  • This was very disappointing, but behavior of this nature seems to be the norm. It truly does appear that our representatives are not truly OUR representatives, and that this has been the case for some time now.

    At each similar occurrence my fears grow stronger that having fewer options for justice makes the least attractive option the most likely.

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  • I am not in favor of any solution that excludes accountability.

    Study after study by numerous organizations, as well as by individual experts, clearly shows that fraud has been the major cause of the “mortgage meltdown.” These frauds have not been perpetrated by borrowers. No, they have been perpetrated by brokers, appraisers, originating lenders, mortgage servicers, MBS Trustees, foreclosure mill attorneys, robo-signers, etc. Additionally, these many and varied frauds have been committed literally millions of times. Millions. Many mortgages also involve multiple frauds.

    This is taken from a “Mother Jones” piece of 1/27/2011:

    “The numbers are familiar by now. In normal times, banks foreclose on approximately 100,000 homes annually, but from January through September 2010, almost 2.7 million homeowners received foreclosure notices. September alone saw more than 100,000 bank repossessions. According to the Special Inspector General for the Troubled Asset Relief Program, ‘at that pace, foreclosure notices will have been sent to more than 3.5 million homes’ by year end 2010.” (full piece available at: http://motherjones.com/politics/2011/01/financial-crisis-mortgage-foreclosure)

    Experts, including William Black, have stated that fraud is involved in approximately 70% of mortgages written in the past several years. So in the 3.5 million foreclosure notices of 2010 it is possible that 2,450,000 involve fraud. That is absolutely staggering. I realize this calculation is rather simplistic and far from scientific. But even if we allow for 50% error the number involving fraud still amounts to fraud in 1/3 of those mortgages. That number is also absolutely staggering.

    Is there anyone in their right mind that believes allowing the parties responsible for these frauds to merely walk, or to be given a “get out of jail free” card, is appropriate or just?

    And this isn’t merely deception. Nay. It is theft. Theft of the largest asset most people EVER acquire. Along with the theft of that asset goes their wealth, their security, their stability, their physical and mental health. The negative effects on individuals are really too numerous and vast to adequately list or describe here. And the negative effects on our society as a whole…. That is even more difficult to express.

    Nowhere in Mr. Levitan’s suggested “Chapter M” have I seen anything that resembles accountability. Without accountability the message that will be clearly and loudly sent is “Yes, crime does pay,” in which event we can only expect more of the same.

    The only “walk” I am interested in doling out to these felonious knuckleheads is a “perp walk.”

  • In May of 2010 I spoke with Kentucky Assistant Attorney General Harold Turner in regard to the systemic and systematic use of forged and fabricated assignments of mortgage in our states land records, as well as their use as false evidence in foreclosure proceedings. This was, of course, before the 50 State AG panel was enjoined. Initially I was pleased, excited even, that someone in my AG office was interested in the issue. I provided Mr. Turner with approximately 200 sample assignments of mortgage I had pulled from local land records, all of which had some defect or flaw, and all of which were less than genuine.

    Even as I was physically handing Mr. Turner these sample assignments of mortgage my excitement began to wane. He seemed to have no interest at all in hearing of my experience and/or knowledge in detecting and diagnosing the fraud and deception involved in those documents. His nonchalant attitude is among the biggest problems in detecting this fraud.

    At a mere glance the errors are not always apparent, or easy to notice or recognize. This is precisely how the fraud and forgery slips past our legal professionals, particularly our judges.

    Having reviewed and inspected numerous assignments of mortgage (numbering in the thousands) I have become aware of the patterns, of the common subtle and blatant errors, of the individuals that commonly execute and/or notarize fraudulent documents, etc. The only way I know of to acquire this knowledge is to spend many hours reviewing the documents and to give each of them more than a cursory glance. In other words you have to do the “grunt work.” Once this has been done, and the discerning eye has been developed, any of literally dozens of potential flaws and defects jump off the page pretty quickly.

    Mr. Turner, rather than express any interest in how to diagnose and/or detect these defects (and thus criminal violations and fraud) quickly turned our brief conversation to the possibility of finding what he referred to as a “global solution.” This phrase, “global solution,” to me, is a euphemism for “We won’t conduct an in depth investigation, and thus won’t be able to truly hold anyone/s accountable, or truly make any of the victims whole. Instead we’ll go for image over substance and that as quickly as possible.”

    I fear the entire AG panel will have a similar attitude and at this point that seems to be taking shape.

    The heavy lifting is left to the individual and the only possibility of being made whole comes not only through the arduous investigative and legal work but also through literally having to fight with our elected officials and our courts to receive any justice at all.