RECORDING OFFICE REFUSES ROBO-SIGNED DOCUMENTS

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O’Brien says “Bank’s Actions Speak Louder Than Words” – PRESS RELEASE
.Wednesday, 22 June 2011 16:37 1 Comments Headlines .Registry infected
with Fraud

On June 7th Essex South District Register John O’Brien announced that
he was no longer going to record documents signed by known
robo-signers. In the past two weeks, O’Brien has returned 12 documents
signed by a Linda Green, Korell Harp, or a Linda Burton, filings that
were prepared and submitted on behalf of Bank of America, the Mortgage
Electronic Registration Systems (“MERS”) and MorEquity, Inc. He
specifically requested that these Lenders verify the signatories to
those documents, as well as the notaries by submitting an affidavit
certifying their authenticity.

O’Brien announced today that he has received 6 replacement documents,
5 from Bank of America and 1 from MERS, all with new signatures with
new officers and notaries. O’Brien said, “I would like the public to
be the judge. The facts are that I refused to record these Lenders
robo-signed documents unless these Lenders signed an affidavit
certifying to the signatures authenticity. These Lenders chose not to
sign my affidavit, but rather to submit completely new documents. I
believe the Bank’s actions speak louder than words and show their
consciousness of guilt.”

According to O’Brien, the Essex South Registry of Deeds has found
25,187 fraudulent documents that contain the signatures of more than
30 known robo-signers. These documents effect 1,282 homeowners in the
City of Salem, 1,246 in the City of Beverly, 1,404 in the City of
Peabody and 795 in the Town of Danvers.

In the case of Linda Green signatures, he has found 6,047 documents
recorded with 22 different variations of her signature.

“I believe that the only way that the banks can begin to repair the
damage they have inflicted on the chain of title of thousands of Essex
County homeowners is for them to immediately re-file each and every
one of these fraudulent documents that they have recorded and replace
them with a valid, legal document containing an authentic signature,
with a valid notarization along with the proper recording fee.” noted
Register O’Brien. The banks involved in the robo-signed documents
include Bank of America, Wells Fargo, J.P. Morgan Chase, Citibank and
Countrywide amongst others.

O’Brien invites any homeowner in his district, to see if there are any
potential robo-signed documents in their chain of title by going to
http://www.salemdeeds.com and clicking on the robo-signer’s link. Documents
on his website may be printed free of charge. Should a homeowner find
one of these documents, O’Brien is advising them to file a complaint
with the Massachusetts’s Attorney General’s Office, Consumer
Protection Division.

In addition, O’Brien is also providing through his website, access to
two letters that empower homeowners to request and receive vital
information on the status of their chain of title pursuant to federal
law. “These letters have teeth and the failure to respond to the
proper time tables will trigger monetary penalties of between $2,000
to $4,000 on lenders and servicers who do not comply” O’Brien said. I
am calling these documents “Lender Compliance Letters”. These Lenders
have associated themselves with MERS and in doing so have circumvented
the land recordation system. For 300+ years the land recordation
system has worked and has worked well. Prior to MERS, if a homeowner
wanted to know who owned their mortgage, that information was readily
available at their local Registry of Deeds, providing transparency of
ownership.

Register O’Brien has been at the forefront of advocating for the
homeowner against the big banks since last November when he exposed
MERS for their scheme to circumvent the land recordation system.
O’Brien said,” My constituents live on Main Street not Wall Street and
they need to have an advocate that is willing to speak out to protect
their property rights and insure them that these banks are held
accountable for their actions.”

O’Brien feels that if the Lenders won’t come clean and record all the
proper documents, which would disclose to the public a true, valid
chain of title then hopefully his Lender Compliance Letters will force
the banks to disclose the true owners of homeowners’ mortgages.

O’Brien summed it up by saying, “As far as I’m concerned the actions
that these banks took this week, has proven to me beyond a reasonable
doubt that all 25,000+ documents previously recorded by them in this
Registry are fraudulent and should be corrected immediately.”


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51 Responses

  1. [...] SEE ALSO recording-office-refuses-robo-signed-documents [...]

  2. Both Sara Palin and Barrack O’bama have clouded titles and know first hand of this corrupt mess. You are correct. maybe the judges need to check their titiles.

  3. Does not Civil Procedure insure ‘independent’ review of complaint by experts of law?

    Assume all business statements and business documents filed by Plaintiff to be true.

    Allow defendants to file affirmative defenses?

    The documents filed with County Clerk/Recorders are ‘merchantile’ filed on good faith.as required by entities operating under state laws and regulations.

    The documents filed with CountyClerk/Recorders are long-arm reach processed not by the ‘settlement agents’ rather, the ‘settlement agents’ are instructed during ‘origiantion closing’ to send back all originals to ‘po box’ of ‘who’?

    The documents recorded with County Clerk/Recorders are sent back to the address on the submission only if ‘rr’ requested.

    But for these facts are the very good reaons why all of the ‘complaints’ fall on deaf ears for hearsay.

    In a mass joinder, what benefit would there be to bring forth all of the robo-signed documents?

    Would the falsified document bring about a change to the outcome of the loan was taken ?

    Perhaps if good legal minds were looking at the correct falsified documents, the ‘satisfaction of mortgage’ filed when there was not a real satisfaction of mortgage.

  4. [...] SEE ALSO recording-office-refuses-robo-signed-documents [...]

  5. THE JUDGES NEED TO BE OUTRAGED–THEY NEED TO START LOOKING AT THEIR OWN MORTGAGE DOCUMENTS!!

  6. It’s good to know that one county recorder is trying to help the homeowners, but really he should not have alerted the banks to go in and fix faulty documents. He proved fraud, that’s good, take it to court! You cannot fix the fraud, it’s a legal issue now. The homeowners should be contacted whether they are aware of the fraud or not. The people who did not lose their jobs and have been paying mortgage all along have no idea of what’s going on with the foreclosure crisis, they are busy working and living. everyone who works for an official office needs to step up and make notice to the wrong doing. Mr. O’brien, people love you and appreciate what you are doing for them, but it’s obvious you are not an attorney and neither am I, but this is serious business. Those are official documents and they need to be handled properly, you cannot correct nor replace. New documents, old documents no matter they are legally binding and they must be dealt with appropriately. How on earth are these banks STILL filing illegal documentations? I know why, that’s because the system has allowed it for so long, and now no one had attempted to put stop to them! I hear you guys out there, I am outraged, many people are but we are not the only ones that should be outraged, the legal system needs to be outraged!!

  7. 2004 – 2007 vintage trusts being assigned & recorded in 2009 – 2011, that’s just plain silly… DOJ, Where ya’ at??

    https://tawebster.wordpress.com/2011/04/01/assignments-better-late-than-never/

  8. I wonder if his In depth review of docs has created a backlog in the county for recording docs. If so, that’s one way his detractors may come at him. Good for him for being a crusader

  9. @usedkarguy—You could politely use the word “laymen” instead of “nitwit” … Do you really do everything perfectly?

    kar makes you a 4 year old. car is a vehicle.

  10. fraud, attempted fraud… seriously? if it were me or you and we committed fraud or attempted to commit fraud upon the state 25,000 times we would be in jail for a very long time.. no doubt

  11. obrien believes that 25,000 previous filings by the pretenders are fraudulent. i would say its time to involve the district attorney mr obrien. stop counting on the AG to do her job, its never going to happen.

  12. Usedkar

    My understanding, which may be flawed and useless, of course, is that slander of title applies where for example, you lost a sale of the property due to the lien. That is, you need actual specific damages due to the “slander.”. SOT doesn’t vindicate your interest, it makes the slanderer liable for making your property demonstrably unmarketable. I prob need to research further. But as I said I don’t think the cause of action automatically accrues due to the faux lien. There must be further damage

    Please correct me if I’m wrong

  13. See entire article on “Mortgage servicing fraud” Oversight Group Did Not Refer Housing Complaints
    The federal agency overseeing Fannie Mae and Freddie Mac, the taxpayer-owned mortgage finance giants, failed to refer complaints to criminal investigators and other authorities about possible foreclosure abuse and mortgage fraud. Figures!

  14. the PSA dictates recording of the security interest for the proper party in interest. PSA’s also allow for “opinion of counsel” regarding what states require recording. I put forth that a cause of action exists by the borrower for the failure to protect the title to the land from false claims via valid recordation.

    not legal advise, this is a discussion of nitwits.

    purgery makes you an anorexic. perjury would make you a liar.

  15. See full article on Mortgage servicing fraud. Is it just me or can you see they go after the big banksters smaller competition, but not the big banks. They need to go after all of them. They are not to big to fail. The politicians would not have to fear their rulers iof they put the to big in power in jail They would be free to govern without the banksters controlling our government. This act just gives more business to the big guys. Seems a little on the sly side.

    Feds seek life term for mortgage fraud mastermind
    By MATTHEW BARAKAT, AP Business Writer – 1 day ago
    ALEXANDRIA, Va. (AP) — Federal prosecutors are seeking a life sentence for the man convicted of orchestrating a $3 billion fraud while running what had been one of the nation’s largest private mortgage companies.

    Feds seek life in prison for ex-mortgage boss behind $3B fraud
    USA Today – 1 day ago
    US wants ex-mortgage boss to get life in prison
    Reuters – 1 day ago
    U.S. wants ex-mortgage boss to get life in prison
    Reuters – 1 day ago

  16. and I believe a cause of action exists for the plaintiff as the land may be uninsurable.

  17. Marie, I have a long trek here. shortversion:
    warranty deed old owner to me (lien state, land owner holds title, mortgage is a lien, WI law)
    mortgage recorded WFHM
    lis pendens filed HSBC as trustee for WFHETXXX
    lis pendens removed HSBC
    assignment filed WFHM to HSBC as trustee (assignment filed 14 months after foreclosure)

    this is the cloud on title. I file my LP vs WFHM/HSBC, the deed rests disturbed.

  18. WE CAN DO THIS!

    sample:Leticia Quintana – robo signer – Makes Kennerty look like donkey …
    Nov 18, 2010 – Recontrust Countrywide Mers Bank of NY Mellon etc. etc. etc. etc. …….. ……. ……. If anyone is interested – This gal not only …
    http://www.foreclosurehamlet.org/profiles/blogs/leticia-quintana-robo-signer
    ISO Signers – Foreclosure Hamlet
    G. Hernandez as notrary witnessing Leticia Quintana[whom is on the internet as a notorious robo signer] assigning as secretary of MERS, to RECONTRUST. …
    http://www.foreclosurehamlet.org/page/iso-signers – Cached

    MERS Class Action | Schare vs Mortgage Electronic Registration …
    May 31, 2011 – Cross referencing is how I proved G. Hernandez is one. It is now on the web to help people when you type in G. Hernandez robo signer. …
    4closurefraud.org/…/mers-class-action-schare-vs-mortgage-electronic-registration-systems-complaint-and-exhibits/ – Cached
    Fraud Digest | The Devil is in the Details: When Did the Trust …
    Jun 7, 2011 – I found ROBO signers all over his docs. G. Hernandez is …
    4closurefraud.org/…/fraud-digest-the-devil-is-in-the-details-when-did-the-trust-acquire-the-notes-and-mortgages-a-study-of-4580-fl-assignme… – Cached
    Show more results from 4closurefraud.org
    [VIDEO] Essex County, MA Locates 6000+ DOCx “Linda Green” Documents
    May 25, 2011 – … Chrystal Moore, Leticia Quintana and more ROBO signers.Including one that was not on the internet. G. Hernandez claiming to be assistant …

  19. FOR MORE ROBO SIGNERS: Click onto “mortgage servicing fraud then click onto the topic with FORUM on it, then click onto the list of “fraudsters & co-conspirators, go to the bottom of the list and also see the link to checking out more robo signers and to listing in alphabetical order your mers signers or asst sectaries of Mers that have to all be fraud. by proven case law. Look up the names of the ones you have and add robo signer. They may already be on the web as Leticia Quintana robo signer. G. Hernandez Robo signer. Linda Green robo signer. There is also a list of robo signers on Stopforeclosurefraud.com. I discovered the G. Hernandez robo signer by typing G. Hernandez as assit sec of recontrust, then cross referencing him with the MERS name in King county and pierce county WA, and cross referenced Liticia Quntana with him since he was notary also for her and she is a notorious robo signer already on the web. I scanned all the robo signers and put them on the web and sent the proof to Neil Garfield and Lynn Syzmoinaik who has a list and I have sent the proof to multiple sights and government officials. We need to do this to protect American families.

  20. Need to show actual damage for slander of title. The cause of action is not automatic because a false lien was filed. Had to have caused demonstrable damage

  21. My son has two proven robo signer on it and the department of records in King county and pierce county have done nothing about it. The department of records in King county e-mailed me they would not do anything until Rob McKenna did. I dont understand with all the proof of MERS not having standing that any signature by an assist of MERS would be considered fraud. The banks and government act like MERS has not been proven to be lacking standing to sign anything in case after case across the U.S.. We need to put the puzzle together to prove more robo signers. and go through every county puting in the name of MERS, AND NOT A PERSONS NAME. IT PULLS UP ALL THE MERS ASSIGNMENTS. THEN PUT IN THE NAME OF THE ROBOSIGNERS AND PROVE THEM ALL TO BE FRAUDS. CONNECTING THE DOTS. AND ALSO THE ASSIST SECRETARIES OF THE LENDERS. THEY PRETEND TO DIFFERENT PEOPLE. I have proven G. Hernandez to be a notary a assist sec of MERS and asst secretary of RECONTRUST. He was the notary of proven robo signer Leticial Quintana. What a puzzle and what a mess. I am sure we can prove them all to be fraud. It seems to me, if they are MERS they are already proven to be FRAUD.

  22. When the going gets tough, the tough will take their money, that is already in Swiss banks in gold bars and secret secure accounts, and go someplace without a extradition treaty with the US.
    The banks will not spend their money refiling 25,000 of their bullshit documents, that they can’t refile because the fraud is just to deep, and it will take many years to clean this up, if it ever is. And if they roll over for this guy there are thousands of other clerks of other counties who need the money, and I don’t really see it happening.
    But while it’s still anything goes here in Florida, I have a land grant signed by Queen Isabella of Spain that grants all the peninsula of Florida and the western half of Cuba, to my great, great, great, great grandfather witnessed by Linda Green and transferred by Assistant Royal Secretary to the throne of Spain, and Vice President of MERs Korell Harp.

  23. Hello Louise! You are correct. This is slander of title. I included that claim as well. I inquired of my new friend about “lis pendens” in litigation. He asked what I meant, as a homeowner/plaintiff would not normally file a lis pendens against his own property. “Au contraire'” I declared. I asserted that the filing of the lis pendens may be used to block any subsequent assignments of the mortgage while the litigation is pending.

    He agreed it was worth the ten bucks, but did not know if it could be used to block subsequent transfers. After all, the foreclosure-mill attorneys are filing whatever they want, unauthenticated, without affidavit. What makes me think I could stop them?

  24. heres the problem as i see it. the pretenders need to file these bogus documents in order to foreclose. massachusetts is a non-judicial foreclosure state. all thats required is the lender file a servicemembers civil relief act complaint in the land court and then they are free to foreclose unless you are in the military and you or someone else objects because of your military status. when these fraudulent documents go before the court in a foreclosure file this adds up to is not only fraud upon the registrar and the homeowner, but also upon the court. 3 different frauds, all crimes, yet nothing happens to the fraudsters. how many foreclosures have already happened using these types of fraudulent documents? how many times has fraud upon the court played a role? how many homeowners lost their homes to fraud? those are the questions the DA should be looking into, not the registrar of deeds, or at the very least the DA should be looking at the evidence mr obrien has uncovered and begin a probe. the Attorney general here in mass is useless, just like all the other attorney generals who are in the pretenders pockets.

  25. yes instead of notifying the bank so they can do over fraud 1st and formost when a fraululent doc is found the home owner should be notified then the bank. no do over whats done is done. See what i found waiting for my date with the judge is that i can not find any assignments some are the homwowners names and some are not so if my county recorder found a fraudulent it would help my case funny how florida has the highest foreclosure rate and no county recorder is standing up for us. So again we all need to write obrien and discuss this fraud issue, no overs, but alerting the homwowner and bank is the correct move. no do overs when i read this my stomach fell. We need to start writing these people and taking the fraud on. Yes there more to homeowner ship then just maintenance and a living now we have to defend what is ours. We never learned this in highschool along with economics and government they should add law also none of us are prepared for this yet our entire lives depend on it

  26. Not sure why Mr OBrien is letting these fradulent documents be refiled either, I like that he is taking a stand but the home/land owner needs these fraudulent documents to be removed from the chain of title never to be allowed to return. This is condoning the fraud to continue and the home/land owner in Mass needs all the evidence they can get for their cases with the court. Please do not allow them to be able to refile, this is not helping us out here.If you ask any mass home/land owner they would gladly pay the fee to remove these documents from their records.

  27. Does anyone have any thoughts about “BAC Home Loans Servicing” “redirecting” Mortgage payments to Bank of America? Is this a way to avoid any future legal dealings with their former “subsidiary’? Let me know if you do- lahabrabill@roadrunner.com.

  28. and by the way, i live in massachusetts and emailed mr obrien in the past. i received a response in less than 24 hours and actually got a call from his assistant to discuss the matter, and i dont even live in his county. his aide pointed me in several directions to get help with my issue. from what i have seen mr obrien is the real deal standing up for the little guy. its refreshing to see someone like him. i told his aide to let me know if mr obrien ever runs for another public office where i could vote for him. he truly is a man of integrity from what ive gathered so far.

  29. robo-signed is bankster speak for forged, fraudulent, etc. take your pick. its funny we call these things robo-signed when the average citizen would be charged for fraud. when a robo-signed document enters his office he should call the district attorney to press charges for filing a knowingly false document with the state. their should be no second chances for fraud. the banks are not only committing fraud upon the state by filing these knowingly false documents , they are doing it to homeowners too. the sole reason for these false documents is to steal homeowners property. they arent just doing it for ha-ha’s. there is a more dubious reason behind the false filings, duh! perhaps john could employ the services of the DA in his county to prosecute these lying, thieving scumbags.

  30. TERRORISM! Nothing Short of… We are more afraid of leaving the house than getting on an airplane

  31. And for anyone who is interested, here is a MERS/Homeowner Warrior/livinglies.wordpress.com T-SHIRT I have made available—to spread the word/truth!

    http://www.zazzle.com/got_m_e_r_s_homeowner_warrior_t_shirt-235313612103648265

    (email me if you have any special requests: cariemac9@gmail.com)

  32. YEAH, HEY! If banks get second chance “do overs” then we do too!

    We all get a chance to state the true and correct beneficiaries in and under all insrtuments, which is ourselves and omit terms like “security” and “trustee”.

  33. “Robo-signed Instruments” a bona-fide alias for “Ficticious Deeds”

  34. http://www.scribd.com/doc/58704660/Davies-v-Deutsche-Bank-Appellate-Appendix-of-Records-Volume-02-of-02

    http://www.scribd.com/doc/58704429/Davies-v-Deutsche-Bank-Appellate-Appendix-of-Records-Volume-01-of-02

    http://www.scribd.com/doc/58704165/Davies-V-Deutsche-Bank-Appellate-Request-for-Judicial-Notice-1-BAP-RJN-1

    http://www.scribd.com/doc/58702207/Davies-v-Deutsche-Bank-Opening-Brief-9th-Circuit-Bap-Opening-Brief-Davies-06242011-File-Copy

    Links to the 9th circuit appellate case davies v. deutsche bank.
    Includes the Excertps of records of all the filing and referred to in the brief. This is Cental District Ca case where the Motions for relief were denied and the adversary was dismissed at a motion for judgment on the pleadings. The case has mers audit trail, judicially notices psa, deutsche bank subpoena. Should be good to help those people who need to see the full interactions in a bankruptcy litigation.

  35. I’m so sorry, I’m in a menopausal fog this morning—here is really the CORRECT LINK FOR MERS POSTERS:

    http://www.zazzle.com/got_m_e_r_s_poster-228333457839042883

  36. OOPS—HERE’S THE CORRECT LINK FOR MERS POSTERS:

  37. I just made this “GOT M.E.R.S.? poster available, too:

    Spread the WORD!!

  38. SPREAD THE WORD WITH THIS BUMPERSTICKER:

    http://www.zazzle.com/got_m_e_r_s_homeowner_warrior_bumpersticker-128060858974589013

    It says:

    HOMEOWNER WARRIOR
    GOT M.E.R.S.?
    livinglies.wordpress.com

  39. Americans distrust of banks How come I am not surprised.

    http://www.huffingtonpost.com/2011/06/24/banks-americans-poll-distrust-confidence_n_884303.html

    too big too fail is doomed for failure.

  40. No replacements should be allowed. That is what is going on right now with many fraudulent foreclosures. If fraud is in the chain of title, it does not just disappear because somebody filed a new “forged” assignment. the chain of title is forever slimed by the fraudulent document which has already been filed with the Recorder’s office. It does not go away.

  41. Corrected to what, all are bogus…period…all are shams FRAUD no matter who what when where
    there is no correcting to be done with theft by the banksters
    EXPOSE them …simple…
    jail them it is simple return the homes to the people..this is not happening fast enough to cure the debt on society now or in the future
    We are far too slow and far too talkative, no action
    Too simple for people to get their heads around, injustice rammed into the to people lives? these words may not be politically correct from some viewpoints but many will disagree. We need to move on it now for those of you who still have revenue to do as most are now penniless ..What a diabolical scam this is. Unforgivable ….
    What happened to “Justice for ALL”
    Slavery in action is what is happening here and everywhere

  42. It isn’t that he is allowing a “do-over”, he is saying this will no longer be tolerated in his office and now you must record an affadavit, (someone has to put his head on the chopping block with respect to the validity of these documents), and so far the banks have ignored him and THAT says all he needs to hear.

  43. I should point out that my comment below is for entertainment and information only. I am not a judge or a lawyer, which is why I can see MERS for what it is.

  44. Yes–what O’Brien is doing is great in theory, he just needs to take it one step further, and that is to refuse all documents having to do with MERS. MERS is against the law of the land because it separates notes and security instruments, which is not allowed pursuant to Carpenter v Longan. MERS is the anti-homeowner weapon the banks use to housejack the citizens of Essex County as well as the rest of the country.

  45. 25,000+ docs to go. Bless Mr. O’Brien. He can’t undo the foreclosures but this certainly opens that can of worms. I can only hope that the people in his district use the tools he is providing and start to do the research. He his doing his best to bring this out and now it’s up to the people to run with the ball. Homeownership has responsibilities that include more than maintenance and those homeowners best be following these articles.

  46. Dan-o
    You are right!

    So if I someone makes a deposit in their bank account and they use counter fit money to do so and that evening the bank manager determines the money is fake so they get caught and they get warned (yeah right) then they come back and say” just kidding here is the real cash for my account ” only it is fake again..REALLY do you think that citizen would even get a second chance to make it right..NO way they would be in jail!

    Where is the out rage ???

    How do we stop these banks we need more people exposing the fraud.

  47. agreed, if they were already submitted fraudulently they can ot be fixed we need to both write obrien and tell our opinions. purgery is purgery it can not be fixed. every homeowners whomn this has happened to should know and defend their home. this is sad day when a county recorder is protecting the bank. he should be protecting the homeowners. well if our judges and lawmakers are taking bribes i guess the field is open for county recorders as well. we are in a sad time americans.

  48. so let me get this straight, the banks are allowed to attempt to defraud the county, but when caught are allowed a do-over? if john q public tried to defraud the state, he would be in leg irons. dont get me wrong, i spoke with john obrien via email and he is serious about what he is doing. if you pointed this obvious problem to him, i bet he would take action on it.

  49. Th problem is that they are allowing them to replace with new signatures, these are all invalid and need to be removed from the records and the owners of these poperties need to be notifid as well of the changes that are going on. If the homeowners are not notified then the county recorders are covering for the banks.

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