Fraud in the Making lawsuit attached

18 Apr

Mortgage paperwork mess: Next housing shock?

Scott Pelley reports how problems with mortgage documents are prompting lawsuits and could slow down the weak housing market

  • Play CBS Video Video The next housing shockAs more and more Americans face mortgage foreclosure, banks’ crucial ownership documents for the properties are often unclear and are sometimes even bogus, a condition that’s causing lawsuits and hampering an already weak housing market. Scott Pelley reports.
  • Video Extra: Eviction reprieveFlorida residents AJ and Brenda Boyd spent more than a year trying to renegotiate their mortgage and save their home. At the last moment, questions about who owns their mortgage saved them from eviction.
  • Video Extra: “Save the Dream” eventsBruce Marks, founder and CEO of the nonprofit Neighborhood Assistance Corporation of America talks to Scott Pelley about his “Save the Dream” events and how foreclosures are causing a crisis in America.
(CBS News)If there was a question about whether we’re headed for a second housing shock, that was settled last week with news that home prices have fallen a sixth consecutive month. Values are nearly back to levels of the Great Recession. One thing weighing on the economy is the huge number of foreclosed houses.Many are stuck on the market for a reason you wouldn’t expect: banks can’t find the ownership documents.

Who really owns your mortgage?
Scott Pelley explains a bizarre aftershock of the U.S. financial collapse: An epidemic of forged and missing mortgage documents.

It’s bizarre but, it turns out, Wall Street cut corners when it created those mortgage-backed investments that triggered the financial collapse. Now that banks want to evict people, they’re unwinding these exotic investments to find, that often, the legal documents behind the mortgages aren’t there. Caught in a jam of their own making, some companies appear to be resorting to forgery and phony paperwork to throw people – down on their luck – out of their homes.

In the 1930s we had breadlines; venture out before dawn in America today and you’ll find mortgage lines. This past January in Los Angeles, 37,000 homeowners facing foreclosure showed up to an event to beg their bank for lower payments on their mortgage. Some people even slept on the sidewalk to get in line.

So many in the country are desperate now that they have to meet in convention centers coast to coast.

In February in Miami, 12,000 people showed up to a similar event. The line went down the block and doubled back twice.

Video: The next housing shock
Extra: Eviction reprieve
Extra: “Save the Dream” events

Dale DeFreitas lost her job and now fears her home is next. “It’s very emotional because I just think about it. I don’t wanna lose my home. I really don’t,” she told “60 Minutes” correspondent Scott Pelley.

“It’s your American dream,” he remarked.

“It was. And still is,” she replied.

These convention center events are put on by the non-profit Neighborhood Assistance Corporation of America, which helps people figure what they can afford, and then walks them across the hall to bank representatives to ask for lower payments. More than half will get their mortgages adjusted, but the rest discover that they just can’t keep their home.

For many that’s when the real surprise comes in: these same banks have fouled up all of their own paperwork to a historic degree.

“In my mind this is an absolute, intentional fraud,” Lynn Szymoniak, who is fighting foreclosure, told Pelley.

While trying to save her house, she discovered something we did not know: back when Wall Street was using algorithms and computers to engineer those disastrous mortgage-backed securities, it appears they didn’t want old fashioned paperwork slowing down the profits.

“This was back when it was a white hot fevered pitch to move as many of these as possible,” Pelley remarked.

“Exactly. When you could make a whole lotta money through securitization. And every other aspect of it could be done electronically, you know, key strokes. This was the only piece where somebody was supposed to actually go get documents, transfer the documents from one entity to the other. And it looks very much like they just eliminated that stuff all together,” Szymoniak said.

Szymoniak’s mortgage had been bundled with thousands of others into one of those Wall Street securities traded from investor to investor. When the bank took her to court, it first said it had lost her documents, including the critical assignment of mortgage which transfers ownership. But then, there was a courthouse surprise.

“They found all of your paperwork more than a year after they initially said that they had lost it?” Pelley asked.

“Yes,” she replied.

Asked if that seemed suspicious to her, Szymoniak said, “Yes, absolutely. What do you imagine? It fell behind the file cabinet? Where was all of this? ‘We had it, we own it, we lost it.’ And then more recently, everyone is coming in saying, ‘Hey we found it. Isn’t that wonderful?'”

But what the bank may not have known is that Szymoniak is a lawyer and fraud investigator with a specialty in forged documents. She has trained FBI agents.

She told Pelley she asked for copies of those documents.

Asked what she found, Szymoniak told Pelley, “When I looked at the assignment of my mortgage, and this is the assignment: it looked that even the date they put in, which was 10/17/08, was several months after they sued me for foreclosure. So, what they were saying to the court was, ‘We sued her in July of 2008 and we acquired this mortgage in October of 2008.’ It made absolutely no sense.”

Produced by Robert Anderson and Daniel Ruetenik

Now for the pleading

Timothy L. McCandless, Esq. SBN 147715

LAW OFFICES OF TIMOTHY L. MCCANDLESS

1881 Business Center Drive, Ste. 9A

San Bernardino, CA 92392

Tel:  909/890-9192

Fax: 909/382-9956

Attorney for Plaintiffs

 

SUPERIOR COURT OF THE STATE OF CALIFORNIA

 

COUNTY OF ____________

___________________________________,

And ROES 1 through 5,000,

Plaintiff,

v.

SAND CANYON CORPORATION f/k/a OPTION ONE MORTGAGE CORPORATION; AMERICAN HOME MORTGAGE SERVICES, INC.; WELLS FARGO BANK, N.A., as Trustee for SOUNDVIEW HOME LOAN TRUST 2007-OPT2; DOCX, LLC; and PREMIER TRUST DEED SERVICES and all persons unknown claiming any legal or  equitable right, title, estate, lien, or interest  in the property described in the complaint adverse to Plaintiff’s title, or any cloud on Plaintiff’s  title thereto, Does 1 through 10, Inclusive,

Defendants.

CASE NO:

FIRST AMENDED COMPLAINT

FOR QUIET TITLE, DECLARATORY RELIEF, TEMPORARY RESTRAINING ORDER, PRELIMINARY INJUNTION AND PERMANENT INJUNCTION, CANCELATION OF INSTRUMENT AND FOR DAMAGES ARISING FROM:

SLANDER OF TITLE; TORTUOUS

VIOLATION OF STATUTE [Penal

Code § 470(b) – (d); NOTARY FRAUD;

///

///

///

///

Plaintiffs ___________________________ allege herein as follows:

GENERAL ALLEGATIONS

            1.         Plaintiffs ___________ (hereinafter individually and collectively referred to as “___________”), were and at all times herein mentioned are,  residents of the County of _________, State of California and the lawful owner of a parcel of real property commonly known as: _________________, California _______ and the legal description is:

Parcel No. 1:

A.P.N. No. _________ (hereinafter “Subject Property”).

2.         At all times herein mentioned, SAND CANYON CORPORATION f/k/a OPTION ONE MORTGAGE CORPORATION (hereinafter SAND CANYON”), is and was, a corporation existing by virtue of the laws of the State of California and claims an interest adverse to the right, title and interests of Plaintiff in the Subject Property.

3.         At all times herein mentioned, Defendant AMERICAN HOME MORTGAGE SERVICES, INC. (hereinafter “AMERICAN”), is and was, a corporation existing by virtue of the laws of the State of Delaware, and at all times herein mentioned was conducting ongoing business in the State of California.

4.         At all times herein mentioned, Defendant WELLS FARGO BANK, N.A., as Trustee for SOUNDVIEW HOME LOAN TRUST 2007-OPT2 (hereinafter referred to as “WELLS FARGO”), is and was, a member of the National Banking Association and makes an adverse claim to the Plaintiff MADRIDS’ right, title and interest in the Subject Property.

5.         At all times herein mentioned, Defendant DOCX, L.L.C. (hereinafter “DOCX”), is and was, a limited liability company existing by virtue of the laws of the State of Georgia, and a subsidiary of Lender Processing Services, Inc., a Delaware corporation.

6.         At all times herein mentioned, __________________, was a company existing by virtue of its relationship as a subsidiary of __________________.

7.         Plaintiffs are ignorant of the true names and capacities of Defendants sued herein as DOES I through 10, inclusive, and therefore sues these Defendants by such fictitious names and all persons unknown claiming any legal or equitable right, title, estate, lien, or interest in the property described in the complaint adverse to Plaintiffs’ title, or any cloud on Plaintiffs’ title thereto. Plaintiffs will amend this complaint as required to allege said Doe Defendants’ true names and capacities when such have been fully ascertained. Plaintiffs further allege that Plaintiffs designated as ROES 1 through 5,000, are Plaintiffs who share a commonality with the same Defendants, and as the Plaintiffs listed herein.

8.         Plaintiffs are informed and believe and thereon allege that at all times herein mentioned, Defendants, and each of them, were the agent and employee of each of the remaining Defendants.

9.         Plaintiffs allege that each and every defendants, and each of them, allege herein ratified the conduct of each and every other Defendant.

10.       Plaintiffs allege that at all times said Defendants, and each of them, were acting within the purpose and scope of such agency and employment.

11.       Plaintiffs are informed and believe and thereupon allege that circa July 2004, DOCX was formed with the specific intent of manufacturing fraudulent documents in order create the false impression that various entities obtained valid, recordable interests in real

properties, when in fact they actually maintained no lawful interest in said properties.

12.       Plaintiffs are informed and believe and thereupon allege that as a regular and ongoing part of the business of Defendant DOCX was to have persons sitting around a table signing names as quickly as possible, so that each person executing documents would sign approximately 2,500 documents per day. Although the persons signing the documents claimed to be a vice president of a particular bank of that document, in fact, the party signing the name was not the person named on the document, as such the signature was a forgery, that the name of the person claiming to be a vice president of a particular financial institution was not a “vice president”, did not have any prior training in finance, never worked for the company they allegedly purported to be a vice president of, and were alleged to be a vice president simultaneously with as many as twenty different banks and/or lending institutions.

13.       Plaintiffs are informed and believe and thereupon allege that the actual signatories of the instruments set forth in Paragraph 12 herein, were intended to and were fraudulently notarized by a variety of notaries in the offices of DOCX in Alpharetta, GA.

14.       Plaintiffs are informed and believe and thereupon allege that for all purposes the intent of Defendant DOCX was to intentionally create fraudulent documents, with forged signatures, so that said documents could be recorded in the Offices of County Recorders through the United States of America, knowing that such documents would forgeries, contained false information, and that the recordation of such documents would affect an interest in real property in violation of law.

15.       Plaintiffs allege that on or about, ____________, that they conveyed a first deed of  trust (hereinafter “DEED”) in favor of Option One Mortgage, Inc. with an interest of

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Southern California

909-890-9192

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925-957-9797

11 Responses to “Fraud in the Making lawsuit attached”

  1. michael grimes April 19, 2011 at 8:21 pm #

    That gloria mayes and the executor is a ly , they have all the correct deed to all the house over 20 million deed , with the notery , on it stamped , and those documents came from my dad office in atl ga , I saw them I was to young to no what they was , but the police is what getting me , I took the warrent out in 2002 atl major fraud unit , the invesgator said he a look at it , and make a arrest , but he ask me did I hava a address , on these people who owns 20 millions house , and I told him no , don’t no where they at , but the warrant went to the probate court too , these people have my name on a paper straight from the state of ga court house saying full power of attorney over me , with me as to no say so . And they didn’t have my I’d card or ss card all of that mess was made up . And the cops made me find the lady my self . It must be a god or this lady was doom , cause to find out she was still in atl ga , west end . But when I did get the arrest in 2004 . Which it should have been made 2002 . They all way saying I got ya stuff and the brother too , and after that , the courts told them to shut up , its like they saying just let this guy worrie his self too death , we took this from him . And that what I’m getting at , but his the thing , do they no who they robbed . I counld be jesus son they robbed for all they no . And I’m calling this robery and its looks like the gorvement helping them with it too , for all the tax money my pop and grand pops has paid out , they should have said we a have this lady in jail april 1-2002 . 2weeks after I gave the court probate fraud too them . I can’t belive this , reporting income to the irs under a fake ss number and fake I’d . I no the theves sweeting rite now cause I no this for a fact my credic report sayes bank of america ,and I ow them a 100bucks and its blank after that well capital one bank. I owed them 300 , and that its .now I seen 30 of the companies under my ownship file bankrupys anf the bail out money from the tax payer . All that’s credic report items , and if they ckeck it they a see , that not me , this case easy to fix . They ckeck both ourid they a see I’m real they fake .

  2. michael grimes April 19, 2011 at 8:21 pm #

    That gloria mayes and the executor is a ly , they have all the correct deed to all the house over 20 million deed , with the notery , on it stamped , and those documents came from my dad office in atl ga , I saw them I was to young to no what they was , but the police is what getting me , I took the warrent out in 2002 atl major fraud unit , the invesgator said he a look at it , and make a arrest , but he ask me did I hava a address , on these people who owns 20 millions house , and I told him no , don’t no where they at , but the warrant went to the probate court too , these people have my name on a paper straight from the state of ga court house saying full power of attorney over me , with me as to no say so . And they didn’t have my I’d card or ss card all of that mess was made up . And the cops made me find the lady my self . It must be a god or this lady was doom , cause to find out she was still in atl ga , west end . But when I did get the arrest in 2004 . Which it should have been made 2002 . They all way saying I got ya stuff and the brother too , and after that , the courts told them to shut up , its like they saying just let this guy worrie his self too death , we took this from him . And that what I’m getting at , but his the thing , do they no who they robbed . I counld be jesus son they robbed for all they no . And I’m calling this robery and its looks like the gorvement helping them with it too , for all the tax money my pop and grand pops has paid out , they should have said we a have this lady in jail april 1-2002 . 2weeks after I gave the court probate fraud too them . I can’t belive this , reporting income to the irs under a fake ss number and fake I’d . I no the theves sweeting rite now cause I no this for a fact my credic report sayes bank of america ,and I ow them a 100bucks and its blank after that well capital one bank. I owed them 300 , and that its .now I seen 30 of the companies under my ownship file bankrupys anf the bail out money from the tax payer . All that’s credic report items , and if they ckeck it they a see , that not me , this case easy to fix . They ckeck both our I’d – they a see I’m real they fake .

  3. michael grimes April 19, 2011 at 8:33 pm #

    One more thing to the bank of america and all its fraud post , when the lady took the fraud into the probate court , she got a notery from the out side street on my name and she signed it , and she put me sister name on the fraud and sign it , and the court notery the sister name , and they most had a fake I’d on her too , or they just had the hold court to go along with the fraud , for a cut of the money they took out pop and grand pops. Saving accounts , probly gave them all 10 million a pop to pull that fraud , I think this fraud was planed before my dad pasted away . A p giannini aka jake john rockefella – charles m , charles merrill , mr poerit , peter grimes , marvin hoffman . Jpmorgan son his- jr. Before jpmorgan died he had a talk with charles m . Which Is my grand great grand pop , and all of both the grand pop companies steel running today and I’m poor with. Nothing . And I’m the today owner . Blood air line owner .

  4. william black July 19, 2011 at 12:14 am #

    Oh my – that hold company in that fraud – wellsfargo bank na – and all its divisions chase and boa , they said the occ and irs , sent them proff of the owner and its was striaght from the usa -occ and treasury , the big house folks , and they said they still not a turn the companies owner to the real owner , they must be the devil with super power to try fight the gorvement , they sent them the lettter telling them to turn its over to the real sole shareholder , sole owner . Wow . Why haven’t this hit news yet .

  5. william black July 31, 2011 at 5:03 pm #

    Michael hawk – michael moore , a bank financer from atlanta geogia . Now this financial giant , should be able to bring foward thing , people can’t see or think when it comes to finances . Like – the stoke insurance ,act ,is what ill call it , if a person work on a job and have a stoke , they have to call the insurance co and then they take care of them onto they recover from the stoke , rite , so let call the economy , is a stoke , rite , now , so , why not the jpmorgan chase global , stoke econmy ,insurance policy – same set up if the person was off the job for 2 months and up , but this policy a be global if , they vote it in as a , econmy stoke , this insurance policy , can fit anything like ,if the goverment is not getting a nuff tax dollars in this policy can work for that , this policy can work for any case , law maker put this into a map – draw this out and u a see a better financial gang here , like I said before its 2011 u cannot keep thinking the same open that outer space mind of yours up to more – michael moore , william k black, to bring more facter too all of this mess – to a better ending . From the looks of it insurance is got to go to a nother level in every level of life , insurance is looked at in( 50) ways at the most , what I’m saying here that insurance in 2011 need to be looked at least( 200) different ways , this is the facter for 8-1-2011 . Also send this message to the white house , so they also can take a look at this .

  6. jpmorgan Jr lll August 12, 2011 at 5:20 am #

    Did u Ckeck that out – James grimes , Georgia Washington and Alexander HAmilton , isent them folks face on all the money note , wow , that is a low down pack of theves. , 1430 Sharon St Atl ga 30314 , history in making .

  7. eVa smith September 9, 2011 at 12:25 am #

    We can’t wait a nother day , let the real financer in . No more trust and fraud ,if its fraud everybody need to fill for a police report and start insur cliam , or if its a trust mistreat ment ,everybody let’s vote those trust out and put the man in , and a few more thing , that guy is rite inSurance need to be look at 200 more than its has , and they need to give the middle class the same tax % as the rich , and they need to back date that too 2002 and that a add up to people getting return on over paid taxes . And the hold world need to vote , that if u make less than 200 a month that u will be hAnded 800 more to add too that 200 which will make u have a home too live in and a little food in your fresser box , and that a make 30,000,000 new spender too the economy , which will pump that thing up nice too , but that a have to be a global vote. Too the hold world on that . People still useing their mind thoughts of 1906 , when a p giannini founded the general electric Corp and the transAmerica Corp , and then merger them together , wow , now that super thinking , if u add all of this stuff up on my text u can’t when too eveRybody been happy they living on earth . Add aLl of this stuff up . Like I said , they got that stuff looking liEk WeIrd o Running it , a p giannini founded citizen trust bank first citizen bank first southern bank ,and merger all of thAt into united bank and State farm inSurance Corp *nd then name change again into c&s bank , then change it again to nations bank na . That’s stuFf not a blk bank its a national and nations of people bank . Alexander HAmilton blood line of corestate bank up to jpmorgan banco oro and baNco wellSfarg sa bbVa , is mixed with all of the humans races on earth .

  8. Rebecca turner September 19, 2011 at 2:24 am #

    I’m from the show me state , how did a lady forcloser bank of America , and the judge and the lawyer new the bank was stolen , from the jump street , why didn’t the lawyer and the judge , go for the court order of giving the owner those banks back then go for the law suit so all of that stuff fall under the insurance companies , for fraud , that lOoks like too me the laywer and the judge and that lady new the people who stolen the banks and damanded a pay off fee for them nowing those banks was stolen and they a tell the real owner , which mean that hold forclosed on the bank in Florida court house , and the say the lawyer took the bank and locked it down for hours and then a manger broght the a ckeck , how can u sue and fraud and a stolen bank . If all that stuff reported stolen with a police levy . Lien for stolen and fraud . And from what the saying from William k black . Mr black . They don’t even have that guys I’d card and Ss number too even run his bank . And they took that guys father benifary paper to him being a benifary owner of bank of America . A corp benifary owner from a old owner . Man that stuff stinks to hi heaven . All of it . Could u see the judge court ordering the company too the rite owner , and then let him start a investigation to what fraud and what not . like this what a not make sense if u bought a house for 800,000 in 2003 and now its worth 500,000 . And that house is stolen I hope u have tittle insurance and got it from the jump . But how do that work if u got a house for 800,000 and its worth 500,000 now what do u get the amount its was worth or the amount its worth today 500,000 . Which one u get ? ?

  9. the florida default law group October 4, 2011 at 4:44 pm #

    Trustor fraud of the bank of america to the owner as the benifary owner of bank of america , he own also the fein # to the company givin by the irs . And his paper work to owner ship is file with the city hall town clerk . City hall east . Sole owner file with the state county too. He not a shareholder , shareholder file paper with the company not the city hall east . I thought a sole owner only could have 100 shareholder . That’s big trustor fraud . That aole owner has benifary rights .

  10. the florida default law group October 5, 2011 at 6:29 pm #

    The man said hellman bank owns bank of new england then that bank owns wellsfargo bank and household fin and bank one ,the bank of england aka union trust bank a division of bank one na . Bank one is own by chase bank and chase bank is own by jpmorgan and jpmorgan son is a p giannini he owned the gen eletric and the transamerica corp , same company , banco popular aka banco oro is owned by banco santander ,banco jpmorgan sa ,is own by a p giannini bank of itialy , also the man owned citizen trust bank united trust bank , synovus bank . A p giannini took off from ca went too newyork they start calling him rockerfella and then he hit ga they called him with a shaved head off citizen trust bank . Harold e henderson , and james e huges . The money store inc , and first union national bank . Also a giannini owns fannie mae realistate and ginnie mae under united gen tittle insurance co . Its a rap people this man has benifary fraud . Benfiray rights fraud . And he has been 3rd partied which is not the rights of the benifary with out a service copy .the benifary said the trustor didn’t even ask him to could he buy him a bottle water .and the chase bank co owns a water company . Those banks are the gorvement . So how could a trustor robbed the usa ? And they saying my law firm is fraud , they don’t even no the benifary ss number . He said the irs and occ has it tho .

  11. william k. black October 20, 2011 at 9:49 pm #

    What kind of ceo and trustee running them bank , they saying the public wrong everybody wrong , so , in their eyes we nothing . Justic department these folks must be yall pin pals , they not scard of yall . The protester is getting bigger , and the ceo of deutsche bank is getting more richer and call us the usa citizens stupid . We not stupid we need our polices we pay taxes on too work for our rights .

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