07 December 2010

KingCast and Matt Taibbi present: More mortgage fraud, foreclosures and shady characters coming to your town.... Judge Lynn punts to Judge Nicolosi in Nashua.


Cross post: Implode-Explode forums, how's THAT for turnaround their lawyers established the fact that opinionated online journalists i.e. "bloggers," are bona fide journalists read it here, hahahaha....

And who is this Deer betwixt my headlights?
More on this later, in the KingCast movie, 
"Mortgage Fraud: Self Help and Power to the People," 
showtimes at 11pm. this evening and continuing in perpetuity thereafter, along with Judge Lynn's confirmation hearing video, below.

Anyway watch the video at 3:21 and you will see Assignments made from Sand Canyon Corporation to Wells Fargo Bank on 25 August, 2010. But According to this Affidavit from Sand Canyon boss man Dale Sugimoto, they sold their mortgage servicing arm on 30 April, 2008. Nice trick. More interesting yet is Gretchen Morgenson's 3 October 2010 New York Times story, 

Flawed Paperwork Aggravates a Foreclosure Crisis

Here's the brilliant Matt Taibbi article published in Rolling Stone. As someone who has closed a few hundred residential mortgages, I am fascinated by the fraud and deceit swept upon this country. Yes there were some irresponsible buyers, but that pales in comparison to the corporate graft. In the case at bar, another set of people who were cajoled into believing that ARMs were nothing but Great! When I closed mortgages when the buyer signed I always made sure to warn them about that, but many many people did not, and the homeowners are not entirely to blame.

This movie rocks to the core. I love the fact that Paul Taitt, who has a Mortgage Fraud Complaint going in Maine, loves the video and will be running video in his case as well. Paul noticed the signature fraud that Kelly Ayotte ignored when my signature as Licensed Title Insurance Producer was forged to a mortgage (para. 10 of the Kelly Ayotte legacy/FRM Ponzi post) and he sent me the attached signatures he filed in Oxford County, now let's see if Maine is less corrupt that that dirtbag AG cum Senator Kelly Ayotte.


Forgot to say: The lead case against Well-Fargo who bought one of my banks out, sadly, is Wells-Fargo v. Jordan, 2009-1092, from my home town! You have to be a real Party in Interest, folks..... Something about stare decisis...... see comments.

3 comments:

Christopher King said...

[*P20] Civ.R. 17(A) states that HN10"[e]very action shall be prosecuted in the name of the real party in interest. *** No action shall be dismissed on the ground that it is not prosecuted in the name of the real party in interest until a reasonable time has been allowed after objection for ratification of commencement of the action by, or joinder or substitution of, the real party in interest. Such ratification, joinder, or substitution shall have the same effect as if the action had been commenced in the name of the real party in interest."

[*P21] HN11"A party lacks standing to invoke the jurisdiction [**10] of a court unless he has, in an individual or a representative capacity, some real interest in the subject matter of the action. State ex rel. Dallman v. Court of Common Pleas (1973), 35 Ohio St.2d 176, 298 N.E.2d 515, syllabus. The Eleventh Appellate District has held that 'Civ.R. 17 is not applicable when the plaintiff is not the proper party to bring the case and, thus, does not have standing to do so. A person lacking any right or interest to protect may not invoke the jurisdiction of a court.' Northland Ins. Co. v. Illuminating Co., 11th Dist. Nos. 2002-A-0058 and 2002-A-0066, 2004 Ohio 1529, at P17....

[*P23] In Deutsche Bank National Trust Co. v. Steele (S.D. Ohio, Jan. 8, 2008), Case No. 2:07-CV-886, 2008 U.S. Dist. LEXIS 4937, the court held: HN13"While a court has no duty to search the record and may properly limit its review of an unopposed motion for summary judgment to the facts relied on by defendant, Guarino v. Brookfield Township Trustees, 980 F.2d 399, 404-05 and 407 (6th Cir. 1992), it cannot enter judgment if the moving party is not entitled to judgment as a matter of law. Rule 56(c), Fed.R.Civ.P. Several judges have held that a complaint must be dismissed if the plaintiff cannot prove that it owned the note and mortgage on the date the complaint was filed. E.g., In re Foreclosure Cases, (N.D. Ohio 2007), Case Nos. 1:07CV2282, et seq., 2007 U.S. Dist. LEXIS 84011, (Boyko, J.); In re Foreclosure Cases (S.D. Ohio 2007), 521 F. Supp.2d 650, (Rose, J.). Thus, if plaintiff has offered no evidence that it owned the note and mortgage when the complaint was filed, it would not be entitled to judgment as a matter of law."

[*P24] In Wells Fargo Bank, N.A. v. Byrd, supra, [**12] where Wells Fargo filed suit on its own behalf but acquired the mortgage from the original lender after filing, the court held that, HN14"in a foreclosure action, a bank that was not the mortgagee when suit was filed cannot cure its lack of standing by subsequently obtaining an interest in the mortgage."

[*P25] Our facts are exactly the same here. Delta Funding Corporation owned the Mortgage for the Property on August 3, 2007, the date WFB filed its complaint against Jordan. On September 24, 2007, WFB filed a Notice of Filing of Final Judicial Report. Attached to the Notice were a Final Judicial Report and an Assignment of Mortgage, indicating the Mortgage had been assigned to WFB on August 22, 2007, nearly three weeks after it filed its complaint. In short, WFB was not the real party in interest on the date it filed its complaint seeking foreclosure against Jordan.

[*P26] Thus, WFB lacked standing to bring a foreclosure action against Jordan. As such, the trial court erred in granting summary judgment in favor of WFB because WFB was not entitled to judgment as a matter of law. We sustain Jordan's first assignment of error, reverse summary judgment, and order the trial court to dismiss the complaint [**13] without prejudice.

[*P27] Having sustained Jordan's first assignment of error, we find his remaining assignments of error are moot. 1

Christopher King said...

And keep in mind, every time an assignment is made, people are making money.

-The spook who sat by the door.

Christopher King said...

I read your post on the Dekalb School Watch blog this morning and am pleased to see that you have been active in many injustices throughout the years.
We in Dekalb County have been trying to fight the fight against waste and fraud in the school system. I appreciate your knowledge and concern regarding the issues that we are facing as taxpayers and parents.

I am concerned with the mismanagement and complete lack of concern of the failing schools by the current school board. I am personally talking to state legislators to reduce the size of our school board from 9 to 5 members in a hope to get more accountability and transparency.

Please help us “Fight the fight” and stay tuned to our plight as we continue to advocate for our kids. I will try and keep abreast of the unauthorized and illegal payments made to NCLB tutors and the egregious administrators who are stealing our children’s education and futures from them.

I also went to your 1st amendment blog and saw your Mortgage Fraud piece, very true in today’s society. I am a loan originator for a small mortgage broker and have been dealing with all of the CRAZY rules and regulations by our administration. Cuomo is an idiot and a power hungry politician. He has done more harm to this country than any one will ever know. Georgia is one of the few states that do not require a court to foreclose a home. 30 days after the lien holder files for missed payments it goes to the courthouse steps. Imagine that with the entire MERS debacle going on.

Let’s stay in touch, if I can be of any service to you and your mortgage fight, please feel free to contact me with any questions or concerns. I might ask for a few helpful hints in our hunt for misuse of Title 1 payments.

I look forward to reading your next post on our blog or were you going to write a December 9th piece on your own blog?

I’ve got to go tutor 5th graders in math who aren’t getting the appropriate help from the school system……Someone’s got to do it!
Respectfully yours,

Jim McMahan

P.S. I hope my Falcons get a chance to see your Patriots in Dallas in February!