ROBO SIGNER LIST FOR OCTOBER 1, 2011-UPDATED

TAKEYOURHOMEBACK.COM LIST OF ROBO-SIGNERS

FOR A LIST OF ROBO SIGNERS WITH SUPPORTING EVIDENCE AND UPDATESSEE:

http://takeyourhomeback.com/?p=428

What is a robo-signer?  

http://www.youtube.com/watch?v=-SAxxaqPR7o

Robo-signing refers to a variety of practices. It can mean a qualified executive in the mortgage industry signs a mortgage affidavit document without verifying the information. It can mean someone forges an executive’s signature, or a lower-level employee signs his or her own name with a fake title. It can mean failing to comply with notary procedures. In all of these cases, robo-signing involves people signing documents and swearing to their accuracy without verifying any of the information. Robo-signers are also mortgage lending company employees who prepared and signed off on foreclosures without reviewing them, as the law requires. Jeffrey Stephan, the GMAC employee who was the first identified as a robo-signer, has acknowledged in sworn deposition that he prepared 400 such foreclosures a day. Furthermore, Ameriquest loan had been assigned to it “effective of” August 2005. The document was dated July 7, 2010, three years after Ameriquest had ceased to exist and was signed by Stephan, who was identified as a “Limited Signing Officer” for Ameriquest Mortgage Company

Linda Green – FEATURED ON 60 MINUTES http://www.cbsnews.com/video/watch/?id=7361572n&tag=contentMain;contentAux    was an employee of Lender Processing Services in Alpharetta, GA. Green signed several hundred thousand Mortgage Assignments. There are many distinctly different versions of the Linda Green signature. So far, John O’Brien, Registrar in the Registry of Deeds for just part of Essex Countyhas found 22 DIFFERENT versions of Linda Green signatures on paperwork from 33 DIFFERENT banks and mortgage companies. “My office is a crime scene,” says John O’Brien  If one of those phony signatures is on your mortgage paperwork – it puts the ownership of your house in question. Green frequently signed Assignments to trusts several years after the closing dates of the trust. Green also signed as an officer of companies that had filed for bankruptcy or were no longer in existence. The discovery of robo-signers could simply be the tip of the iceberg. If so, more revelations could only increase the pressure on large banks. Their potential exposure to losses could skyrocket into the hundreds of billions in liability and fines from the regulatory agencies and law enforcement. So far, no individuals, lenders or paperwork processors have been charged with a crime over the robo-signed signatures found on documents last year. Critics such as April Charney, a Florida homeowner and defense lawyer, called the settlement a farce because no real punishment was meted out, making it easy for lenders and mortgage processors to continue the practice of robo-signing. “Robo-signing is not even close to over,” says Curtis Hertel, the recorder of deeds in Ingham County, Mich., which includes Lansing. “It’s still an epidemic.”

Signers come and signers go, but the practices of banks and their servicers remain the same.

In Guilford County, N.C., the office that records deeds says it received 456 documents with suspect signatures from Oct. 1, 2010, through June 30. The documents, mortgage assignments and certificates of satisfaction, transfer loans from one bank to another or certify a loan has been paid off. Suspect signatures on the paperwork include 290 signed by Bryan Bly and 155 by Crystal Moore. In the mortgage investigations last fall, both admitted signing their names to mortgage documents without having read them. Neither was charged with a crime. It is a federal crime to sign someone else’s name to a legal document. It is also illegal to sign your name to an affidavit if you have not verified the information you’re swearing to. Both are punishable by prison.

What’s the significance?

The signature of a qualified bank or mortgage official on these legal documents is supposed to guarantee that this information is accurate. The paper trail ensures a legal chain of title on a property and has been the backbone of U.S. property ownership for more than 300 years. The “robo-signing of affidavits and Assignments of Mortgage and all other mortgage foreclosure documents served to cover up the fact that loan servicers cannot demonstrate the facts required to conduct a lawful foreclosure. If it turns out that robo-signers did indeed sign off on loans without review, they committed fraud by claiming knowledge of a financial matter of which they had no personal knowledge. It could also mean that some people are wrongly being evicted from their houses.

From underwriting fraudulent mortgages; to shuffling it through the mortgage securitizationchain without following proper legal procedures like the simple act of passing along paperwork; to concealing or doctoring basic facts when securitizing the mortgages and selling them to investors, large lenders and their partners on Wall Streetcould face hundreds of billions of dollars in losses by being forced to buy back faulty mortgages, some of which have already defaulted, from misled investors.

Investors bought mortgage-linked securitieswith the promise that the underlying mortgages conformed to basic underwriting standards, and that proper procedures were followed in the chain of securitization and a tax-exempt status. Steep losses on those investments and the discovery of potentially fraudulent activity are pushing investors to force banks to buy them back.

With all of the press robo-signing has gotten, it is a bit surprising that everyone is having such a hard time concluding whether these practices effect non-judicial foreclosures.
The topic has not gotten the treatment it deserves, I will try to help. The following are by no means a complete list, but are the most clear LEGAL reasons (setting aside pure moral questions and the U.S. Constitution) that the Robo-Signer Controversy will entitle hundreds of thousands of homeowners wrongfully foreclosed and evicted to sue in non-judicial foreclosure states.

Briefly, Robo Signers are illegal because fraud cannot be the basis of clear title, trustee’s deedsfollowing Robo Signed sales are void as a matter of law, notarization is a recording requirement for many of the documents, which we also know was often botched, and most importantly because robo signed falsifications ARE meant for use in court, including unlawful detainers and bankruptcy matters.

Clear Title May Not Derive From A Fraud (including a bona fide purchaser for value).
In the case of a fraudulent transaction the law is well settled.

Numerous authorities have established the rule that an instrument wholly void, such as an undelivered deed, a forged instrument, or a deed in blank, cannot be made the foundation of a good title, even under the equitable doctrine of bona fide purchase. Consequently, the fact that purchaser acted in good faith in dealing with persons who apparently held legal title, is not in itself sufficient basis for relief.

It is the general rule that courts have power to vacate a foreclosure sale where there has been fraud in the procurement of the foreclosure decree or where the sale has been improperly, unfairly or unlawfully conducted, or is tainted by fraud, or where there has been such a mistake that to allow it to stand would be inequitable to purchaser and parties.

Hence, if forged Robo Signed signatures are used to obtain the foreclosure, it CERTAINLY makes a difference in non-judicial foreclosure states as well as judicial states.

Any apparent sale based on Robo Signed documents is void – without any legal effect – like Monopoly Money.

In turn, the law requires that the beneficiary execute and notarize and record a substitution for a valid substitution of trustee to take effect. Thus, if the Assignment of Deed of Trust/ MortgageIs robo-signed, the sale is void. If the substitution of trustee is robo-signed, the sale is void. If the Notice of Default is Robo-Signed, the sale is void. Robo-signing is illegal in all 50 states, hence all 50 Attorney General’s became involved in this scheme.

These documents are not recordable without good notarization. The reason these documents are notarized in the first place is because otherwise they will not be accepted by the County recorder. Moreover, a notary who helps commit real estate fraud is liable.

Once the document is recorded, however, it is entitled to a “presumption of validity”, which is what spurned the falsification trend in the first place. Therefore, the notarization of a false signature not only constitutes fraud, but is every bit intended as part of a larger conspiracy to commit fraud on the court.

The documents are intended for court proceedings. A necessary purpose for these documents, AFTER the non judicial foreclosure, is the eviction of the rightful owners afterward. While the foreclosures are non-judicial, evictions afterwards still are conducted in court, although the process moves quickly and is mostly a “rubber stamping” by skeptical judges. However, as demonstrated below, once these documents make it into court, the bank officers and lawyers become guilty of FELONIES:

The Doctrine of Unclean Handsprovides: plaintiff’s misconduct in the matter before the court makes his hands “unclean” and he may not hold with them the pristine remedy of injunctive relief. The unclean hands rule requires that the Plaintiff not cheat, and behave fairly. The plaintiff must come into court with clean hands, and keep them clean, or he or she will be denied relief, regardless of the merits of the claim. Whether the doctrine applies is a question of fact.

Robo Signed Documents Are Intended for Use in Bankruptcy Court Matters. One majorly overlooked facet is the extremely active bankruptcy court proceedings, where, just as in judicial foreclosure states, the banks must prove “standing” to proceed with a foreclosure. If they are not signed by persons with the requisite knowledge, affidavits submitted in bankruptcy court proceedings such as objections to a plan and Relief from Stays are perjured. The documents in support are often falsified evidence.

Conclusion:

Verified eviction complaints, perjured motions for summary judgment, and all other eviction paperwork after robo signed non judicial foreclosures are illegal and void. The paperwork itself is void. The sale is void. But the only way to clean up the hundreds of thousands of effected titles is through litigation, because even now the banks will simply not do the right thing. And that’s why robo signers count in non-judicial foreclosure states. Victims of robosigners in may seek declaratory relief and damages, an injunction and attorney’s fees for Unfair Business practices, as well as claims for slander of title; abuse of process, civil theft, and variety of other civil remedies.

Final words: the “Robo” actions are just the tip of the iceberg but the “Robo” actions allowed part of the iceberg to be seen.

For the complete Congressional Written Report go to : www.foreclosureself-defense.com/downloads/Congressional_Foreclosure_Report.pdf

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