An Examination of Illegal Activity in the Processing of Foreclosures
The documentation enclosed is intended to educate recipients about the criminal activity
occurring within the foreclosure process. This study was initiated after borrowers were
foreclosed on during the trial modification period, short sale processing period, and
modification processing period. It has been observed that borrowers responsibly
requested accounting verification, made proper and regular payments, and filed correct
paperwork for processing. Yet, the foreclosure proceeded, robbing the borrowers of due
process.
It has also been observed that Judges are not requiring the foreclosure entities to produce
proper documentation, and the foreclosure process is being allowed unchecked.
It is this writer’s hope that the provision of this information will cause change and
accountability within the Courts, the mortgage servicing companies, and the attorneys and
processors in the default management functions.
Package presented to FBI Atlanta office Wednesday, August 25, 2010.
CONTENTS:
I.
II.
III.
IV.
V.
VI.
VII.
VIII.
IX.
X.
XI.
XII.
XIII.
XIV.
XV.
XVI.
XVII.
Why Foreclosures are Happening Illegally, without Correct Documentation: Background
Actual Case: Actual Flow from Real Estate Closing to Foreclosure
(See Notes: Required documents before foreclosing entity can legally foreclose).
Loan File Issue Brought to Forefront by FHFA Subpoena
Mortgage Assignments as Evidence of Fraud – article by Lynn E. Szmoniak, Esquire
Article: Lender Processing Services (LPS) closed the offices of its subsidiary, Docx, LLC, in
Alpharetta, GA
New York Times article dated March 8, 2008 highlighting foreclosure mills (see Georgiabased firm mentioned).
Article: Attorney General goes after foreclosure mills
Article: Florida AG Investigates Foreclosure Mill Law Firms
Article: Florida AG Unveils Foreclosure Mills Probe
Trust Assignment Fraud Letter to SEC
Compare These Signatures documentation from Lynn E. Szymoniak, Esquire
Too Many Jobs documentation from Lynn E. Szymoniak, Esquire
Class action suit filed in New York against “foreclosure mill” attorneys and banks
Justice Schack strikes again in U.S. Bank v. Emmanuel
JP Morgan Chase Bank vs. Hank J. Pocopanni; Marilyn G. Pocopanni, et al: Fraud on the
Court.
Attorney’s fees – reason attorneys are eager to foreclose.
Court cases concerning MERS (excerpts)
XVIII. FRAUD EXAMPLES (ACTUAL CASES)
Case A – Manufactured assignment showing alleged forged signatures by foreclosure attorneys
signing as representatives of MERS. Notary did not witness. Assignment filed just prior to sale
date. Screen print of McCalla Raymer website showing Associate Attorneys’ names. Screen print
showing notary appointment date (outside of the 4 year limit). No corporate seal.
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Case B – Manufactured assignment showing alleged forged signatures by Citibank representative
signing on behalf of MERS and proven forged notary signature. Screen prints of Jaime Hardcastle.
Copy of Jaime Hardcastle’s personal residence Deed to Secure Debt showing authentic signature.
State of Missouri Secretary of State Notary Public Oath of Office and Official Signature Filing
shows actual notary signature. No corporate seal.
Case C – Manufactured assignment showing another alleged forged signature of the same Jaime
Hardcastle present on the assignment of Mary Ann Houser Tavarez. Copy of Jaime Hardcastle’s
personal residence Deed to Secure Debt showing authentic signature.
Case D – Promissory Note with forged endorsement (same person used on two endorsements!).
Manufactured assignment showing alleged forged signatures by foreclosure attorneys signing as
representatives of MERS. Notary signature forged, as evidenced by official Certificate of
Appointment of Notary Public. Deed Under Power showing foreclosure attorneys signing as
representatives of Wells Fargo. Notary signature forged, as evidenced by official Certificate of
Appointment of Notary Public. No corporate seal.
Case E – Manufactured assignment showing alleged forged signatures by foreclosure attorneys
signing as representatives of MERS. Notary signature allegedly forged. No corporate seal.
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