WA AG SUES RECONTRUST (BOA) FOR ILLEGAL FORECLOSURES

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QUESTION FROM NANCY DREW: QUESTION: WHY ARE NOT ALL OF THE US AND STATE ATTORNEY GENERALS DOING THE SAME? AS A MATTER OF FACT, WHY ARE NOT THE FORECLOSURE DEFENSE ATTORNEY’S IN WASHINGTON NOW INSURING ALL ‘TRUSTEES’ ARE DOING THE SAME? THE ONLY REASON THIS IS IN THE NEWS IS BECAUSE OF THE ‘SALE’ REVEALS WHO THE ‘TRUSTEE’ ACTUALLY IS AS SHOWN ON THE ‘AZTEC FORECLOSURE’ POSTING THAT LL THOUGHT WAS IMPORTANT ENOUGH OF A COMMENT TO POST SO THE CONSUMERS HARMED IN CA, OR, WA, UT, ETC. THE STATES LISTED, KNOW THE ‘TRUSTEE’ ACTING AS REO LENDER/BROKER DURING FORECLOSURE DOES HAVE ACCESS TO WHO THE TRUSTEE/LOAN TRUST ACTUALLY IS AND DOES NOT RECORD THE INFORMATION WITH THE COUNTY CLERK AND COUNTY RECORDER UNTIL AFTER THE SALE, THE TAKING OF PROPERTY BY DECEPTIVE PRACTICES AND IN A LARCENOUS MANNER, AND WITH INTENT OF SUBSTANTIVE OMISSIONS OF MATERIAL FACTS – NEGLIGENCE OF ‘TRUSTEES’ WITH FIDUCIARY DUTY AS STATED BY AG OF WASHINGTON

EDITOR’S ANALYSIS: Recontrust (BOA), CalWestern (Wells? US Bank?), and others are essentially products of the Banks. They create these entities to provide some protections to themselves and to create the appearance of propriety. But it is improper. These entities that were created by the Banks to serve as “substitute trustee.”These sham nominee entities of the Banks try to have it both ways.

On the one hand they say they are the trustee qualified and wiling to serve as the independent protector of rights of the trustor and beneficiary, and on the other they say that they are not subject to the rules because they are “Banks.” So they admit they are the Bank and at the same time they claim to be the trustee. That is not possible under the intent and wording of most statutes enabling non-judicial foreclosure under the power of sale in a deed of trust. 

The Bank is essentially appointing itself as the substitute trustee. So the party claiming to be creditor is appointing itself or its own subsidiary, agent or affiliate as the substitute trustee. This violates most state laws allowing non-judicial foreclosure. The trustee is qualified to serve only if it is an independent entity who will serve to protect the interests of the trustor and the beneficiary, not BE the claimed beneficiary or act as agent for the beneficiary. The trustee is expected to exercise due diligence, especially when it is getting instructions from a party who is NOT on the deed of trust.

The Banks want to make sure that the trustee does not perform due diligence. If it did, there would be questions as to who is giving it instructions and why. In short, the true trustee would be asking the same questions that most borrowers ask in litigation, amounting to “Who are you and why are you doing this?” The true trustee would require some evidence. In fact, the original trustee on the deed of trust probably has never legally been substituted, thus invalidating all subsequent actions taken on behalf of the “new” beneficiary. It might even be that the original trustee having notice of the substitution, might have an obligation to intercede and demand proof that the substitution is proper.

Thus the “creditor” has appointed itself and avoided all the requirements of statute regarding the duties of trustees. This is illegal in most states if not al of them. You should check with a licensed attorney who REALLY knows foreclosure law in the state in which your property is located. Investigation will probably reveal that the substitution of trustee was robo-signed which means that it was forged, fabricated, and done without any authority, not within the chain of title and in fact DESPITE the chain of title, which any trustee actually performing its duties would know.

Rob McKenna
ATTORNEY GENERAL OF WASHINGTON
1125 Washington Street SE · PO Box 40100 · Olympia WA 98504-0100

FOR IMMEDIATE RELEASE
Aug. 5, 2011

Washington Attorney General sues ReconTrust for illegal foreclosures

McKenna raps trustee’s claim that it doesn’t have to abide with state law

SEATTLE – Washington Attorney General Rob McKenna today announced that his office is suing ReconTrust Company, a subsidiary of Bank of America, for conducting illegal foreclosures on thousands of Washington homeowners.

“ReconTrust ignored our warnings, repeatedly broke the law and refused to provide information requested during our investigation,” McKenna said. “ReconTrust’s illegal practices make it difficult, if not impossible, for borrowers who might have a shot at saving their homes to stop those foreclosures.”

ReconTrust is a foreclosure trustee that is legally required to act as a neutral party on behalf of both the lender and the borrower while conducting foreclosure proceedings in good faith and in accordance with the law.

The lawsuit filed in King County Superior Court by McKenna and Assistant Attorney General Jim Sugarman, of the office’s Consumer Protection Division, alleges that “ReconTrust has failed to comply with the Washington Deed of Trust Act, RCW 61.24, in each and every foreclosure it has conducted since at least June 12, 2008.” The company is also accused of violating the state’s Consumer Protection Act.

The Attorney General’s Office announced the suit during a news conference held outside a foreclosed home in Seattle. McKenna and Sugarman were joined by two women whose homes were foreclosed by ReconTrust and several private attorneys who are also concerned about ReconTrust’s actions.

“My home is being foreclosed on. The situation has caused great pain for my son and myself,” said Myra Cole, a single mother from Spanaway who struggled to find employment after a layoff. Her loan servicer was reviewing her Spanaway home for a loan modification when ReconTrust sold the house at foreclosure.

“I couldn’t understand how this could have happened,” Cole continued. “I got the run-around. I just can’t believe that the company that’s supposed to be helping me is foreclosing on me. … We are trying to save our homes. We’re doing the steps they tell us. In the end, it’s all for nothing. It’s an injustice.”

Ruby Barrus told a similar story about the home where she and her husband live in Marysville. During a time of financial hardship, their loan servicer promised not to foreclose while they worked out a loan modification.

“Our payments were never late,” Barrus said, adding that they only stopped making payments because the bank indicated they needed to default to qualify for the modification. “We just figured they knew what they were doing because they were our servicer. … Months later, we get a letter from ReconTrust saying they’re our foreclosure attorneys. We had never heard of them.”

Both women are in court battles to keep their homes.

McKenna said an essential requirement of the Deed of Trust statute is that a trustee maintains an office in the state where homeowners can go to ask questions, make last-minute payments and request a foreclosure be postponed for a legitimate reason. But ReconTrust doesn’t have an office in Washington.

“ReconTrust’s claim that the company doesn’t have to follow Washington law and procedures because it is a national bank is wrong,” McKenna added.

The Attorney General’s Office alleges the company:

· Failed to maintain a physical office with telephone service in Washington.

· Failed to identify the actual owner of the promissory notes being foreclosed.

· Provided confusing information regarding how borrowers defaulted and how they can cure that default.

· Failed to conduct foreclosures in a public place, instead holding them at private sites including an office park in Bellevue.

· Created or permitted the use of documents that were improperly executed, notarized or sworn to. Sugarman said notices and agreements contained conflicting dates and improper notarizations and ReconTrust employees sometimes signed as officers of other entities.

· Failed to exercise its duty of good faith toward the borrower by deferring solely to the lender when deciding whether to postpone a foreclosure.

The complaint states that homeowners facing foreclosure are “captive to ReconTrust’s services” and that the company’s failures to abide by the law have concealed material information needed by homeowners to assert rights and defenses, negotiate a loan modification, cure defaults, and postpone or stop a foreclosure sale.

Sugarman said, “It is particularly important right now for trustees to understand and strictly comply with Washington foreclosure law. There have been several changes including a new right for homeowners to request mediation to discuss a possible loan modification or forbearance before the bank pursues foreclosure.”

The complaint asks that the court require ReconTrust to comply with the law and impose civil penalties of up to $2,000 per violation, as well as restitution for consumers.

Based on information obtained during its investigation, the Attorney General’s Office estimates that ReconTrust has issued 9,900 foreclosure notices since January 2008 in King, Pierce and Snohomish counties alone. ReconTrust forecloses across the state. It’s unknown how many of those foreclosures violated homeowner rights, although the Attorney General’s Office believes the problems are systematic and widespread. It’s also unknown how many foreclosures may have been prevented had ReconTrust complied with laws.

In May 2010, the Attorney General’s Consumer Protection Division began investigating reports of lenders and trustee services not properly reviewing foreclosure documents or following other legal procedures. McKenna sent letters in October 2010 and April 2011, outlining concerns and calling on trustees to suspend questionable foreclosures in the state. The office is investigating more than a dozen other trustees for suspected violations.

The office also remains very involved with the multistate investigation into problems in the foreclosure industry.

For more information about these investigations and resources for homeowners, including new mediation rights, visit http://www.atg.wa.gov/foreclosure.aspx.

Private lawsuits against ReconTrust have been filed in Utah, Nevada, California, Oregon and Arizona concerning its role in foreclosures in those states, as well as by private attorneys in Washington. The Attorney General of Utah sent a public letter to Bank of America threatening suit if ReconTrust continued to violate Utah foreclosure law.

DOCUMENTS:

ReconTrust Complaint

This link lists properties that are listed for sale or have been sold by ReconTrust: http://www.recontrustco.com/upcoming_counties.aspx?state=Washington

- 30 –

Media Contact: Kristin Alexander, Media Relations Manager, (206) 464-6432, cell: (206) 437-2654, kalexander@atg.wa.gov

Editor’s Note: AG McKenna is available for interviews until 12:30 today. Please call or e-mail Kristin to schedule.

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35 Responses

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  2. [...] on August 18, 2011 at 10:59 am said: There is a virtually identical situation occurring in Washington with LSI Title Agency, [...]

  3. [...] title, rescission, RESPA, securitization, TILA audit, trustee,WEISBAND « WA AG SUES RECONTRUST (BOA) FOR ILLEGAL FORECLOSURES STOCKS RESUME DOWNWARD SPIRAL AS EXPERTS IGNORE [...]

  4. [...] SEE ALSO TRUSTEES PURSUE ILLEGAL FORECLOSURES [...]

  5. Oh BTW Ms Drewe, my case appears to be different from most others. The name of the “trust” was never referenced in any of the foreclosure documents in the foreclosure proceeding. ALL of the documents stated the “securities trustee” was the creditor. The note was NEVER indorsed, only shows the originator. The Assignment of Deed of Trust, Affidavit of Default & Notice of Default were executed by the “servicer” and the good ole Appt of Substitute Trustee was executed by Fidelity National Foreclosure & Bankruptcy Solutions (LPS MN address of course). The “trust” was never mentioned until after the foreclosure sale when the “securitized trustee” assigned its bid to the “trust”.

    Would you happen to know where I can find the relationship between LPS & Fidelity National Foreclosure & Bankruptcy Solutions?

  6. Thank you for the response Ms. Drewe!!! I’m following your remarks, I just need to read the post a couple of times to get a full grasp, but money laundering makes perfect sense. Since I asked this question, I researched the “trusts” registration, which is purportedly registered in DE according to the PSA. Guess what??? DE Secretary of State has no registration for it… it appears to be a sham trust…. I just couldn’t put my finger on it, but money laundering makes perfect sense.

  7. Dear Make It Happen, on August 19, 2011 at 12:43 pm said:
    Read ‘Need Case Laws’ response.

    Significance of “securities trustee”
    First who ‘assigned’ the mortgage promissory note c/o Temporary Lender to ‘securities trustee’

    Did the ‘Trustee’ have the right to assign the securities trustee just because the PSA says so?

    Can a substitute trustee go before a court using documents filed by a robo-mill firm and claim the substitute trustee has standing c/o Temporary Lender, who is the Nominee for the ‘Institutional Investors’ Underwriters c/o Owner of the mortgage note?

    Can the robo-firm and the substitute trustee who have no personal knowlege of the documents, and no authority, perform their oath and fiduciary duties in accordance with state laws and regulations governing these agencies and federal laws and regulations governing FDCPA, HOPEA, UCC, and regarding the ‘attorney’ providing due dilligence in filing the ‘complaint’ and lis pendens, and filing documents created by third party’s ad-hoc to be placed indise the virtual case management files be done in accordance with the law and accceptable to the COURT?

    Assigning the foreclosure sale bid to a “REMIC trust”? How can the ‘Master Servicer’ authorize Substitute Trustee and file default notices and assignments taking property by deceptive acts, taking possession of property claimed in DEED OF TRUST to be your property?

    Yes you owe money but to who? Can I go into court and claim a debt is owned and take your property? That is what the fancy named ‘substitute trustee’ is doing as if the debt is unsecured, oh it is unsecured. Is secondary debt from the moment you made your first payment. You thought it was to the temporary lender but it was the owner of the mortgage note who sold the servicing rights and created the mortgage promissory note omitting the name of the owner of the mortgage note who allowed temporay lender as Nominee to assign and or successor away -

    Where the “securities trustee” acted in the capacity of the “creditor”

    Who is the ‘creditor?’ For 90 days in the beginning the creditor was the temporay lender, but when the PSA closed the temporary lender was paid and became the Master Servicer of the loans revenue stream.

    Yes The “securities trustee” created the appearance that it was the “creditor” during the foreclosure action,

    Yes – but the public filings, the Trustee’s deed filed in the county recorders office after the sale creates the appearance that the “remic trust” foreclosed as the “creditor”.

    Yes What exactly does these actions mean? MONEY LAUNDERING

    Purpose of 2003 CMBS explosion? Patriot Act

    FinCEN did not regulate money laundering over residential transactions

    OCC does not look at residential retail transactions harming the economy.

    SO what is the best way to launder currency?

  8. Who are the big guys, and who is controlling who????

  9. Who is controlling who?

  10. [...] SEE ALSO TRUSTEES PURSUE ILLEGAL FORECLOSURES [...]

  11. Thank you NeedCaseLaw!!! I thought my line of thinking was aligned with yours and most others, but I became a little confused when I found a Memorandum to the Servicers from the “securities trustee” mandating the Servicers to only foreclose in the name of the “securities trustee”, as trustee for the specifically named trust. It further reminds the Servicers that they do not have the authority to sue in the name of the “securities trustee” in its individual capacity.

  12. In answer to your question regarding securities trustees – these can be legitimate entities, and if properly authorized (this is where the PSA and a trust agreement which empowers them come in). If they are legally empowered they can act on behalf of the note-holder/beneficiary of DOT (the trust) in ordering a foreclosure. It is because these documents seem to be missing in most cases that such a trustee must come under scruitiny – if you challenge properly challenge their authority in court.

  13. Nancy Drewe, can you explain the significance of the “securities trustee” assigning the foreclosure sale bid to a “REMIC trust”? Where the “securities trustee” acted in the capacity of the “creditor” until this point. Meaning, the “securities trustee” created the appearance that it was the “creditor” during the foreclosure action, but the public filings, the Trustee’s deed filed in the county recorders office after the sale creates the appearance that the “remic trust” foreclosed as the “creditor”. What exactly does these actions mean?

  14. [...] SEE ALSO TRUSTEES PURSUE ILLEGAL FORECLOSURES [...]

  15. Foreclosure trustree legally required to act as a neutral party on behalf of both the lender and the borrower while conducting foreclosure proceedings and bankruptcy proceedings in good faith and in accordance with the law.

    December 2010 through April 2011, Chief Justice Rabner lawfully requested recertification of the home foreclosure documents submitted to the New Jersey courts by robo-firms’ c/o third party (30 banks and lenders). Legal Services of New Jersey recognizing ‘robo-signing’ issreularities. Now that the six lenders’ robo-firms have recertified that the documents filed with the courts and public offices are accurate, good case law will result.

    Six temporay lenders who sold loans at a discount and repurchased the servicing rights in the judicial state of New Jersey” Bank of America/Bank of America Home Loan Services, Allied Financial, formerly GMC; J.P. Morgan Chase/Chase Home Finance, Wells Fargo/Wells Fargo Bank/Wells Fargo Financial of New Jersey, Onewest Bank FSD, and Citibank., robo firms like Zucker Goldberg Ackermans LLC who file the documents c/o TRUSTEE responsible for the ‘Loan Trust’ the Loan revenue is assigned to as an asset….

    8/15/2011 NEW JERSEY CHANCERY JUDGE DISMISSES CASE AGAINST WELLS FARGO FOR NONCOMPLIANCE WITH DISCOVERY REQUIREMENTS OF MANAGEMENT ORDER

    APPELLATE DIV OF NEW JERSEY SUPERIOR COURT REVERSES SUMMARY JUDGMENT FINDING THAT

    DEUTSCHE BANK HAD NO STANDING WHEN FORECLOSURE ACTION WAS FILED

    JEFF BARNES, ESQ. ADMITTED PRO HAC VICE TO THE US DISTRICT COURT FOR MIDDLE DISTRICT OF TN, NASHVILLE DIV.

    Foreclosure action filed by Wells Fargo.

    Wells Fargo failed to comply with Court’s Management Order compelling borrower’s discovery, with all required Certifications.
    Wells Fargo served incomplete discovery responses by due date and admitted responses were incomplete.Alan Angelo Esq. represents borrower.

    This is not the 8th foreclosure case which Mr. Barnes and his local counsel have had dismissed in NJ for the foreclosing Plaintiff’s failure to comply with discovery and Court Management Order.

    Google Jeff Barnes, Esq. foreclosuredefensenationwide for discussion on case.

  16. :
    I am not a lawyer and I don’t know legal things even if I think I do.I don’t. Eugene Villarreal, on August 18, 2011 at 11:58 am said:

    Are the New Jersey courts requesting the Trustees to recertify documents because the Trusts are suppose to be registered with the state ? If they are, why is it so hard to get any info out of the New Jersey Bureau of Securities ?

    I looked up Bureau of Securities under Office of the Attorney General
    Department of law and publid safety. Abbe R. Tiger Bureau Chief a regulatory agency adminsters NJ Uniform Securities Law and regulations therunder. Registration,e xemption filing, notice filing, and antifraud provisions.

    The Bureau regulates broker-dealers (brokerage firms), broker-dealer agrements (stockbrokers), investmenet advisers, investment advisro representatives, agents of securities issuers, securities registrations, securities exemptions, mutula funds, and unit investment trusts. Central Reigstration Depository, national database of investmenet advisers adn investement advisoer representatives.

    Conducts for cause and routine examinations of regulated personal and entities, and an investigative staff which investigates possible violations of Law and Regulations. WWW is also monitored for violations of the Law and Regulations

    In line with Mr. Soliman’s discussion and expert testimony in Washington discussion above.

    TRUSTEE in Bankruptcy – third party
    TRUSTEE in Foreclosure – third party
    TRUSTEE c/o Origination for ‘Issuing Entity’ c/o Loan Trust
    Securities-Brokers-Dealers (Sale of Certificates to investors) handled by Institutional Investor and Institutional Bankers

    POSTER
    Investment Fraud is a crime.
    Victimes receive BAD CHECKS from Broker;
    Promissory Notes with rates that are unrealistic;
    Instructed to make investmeent checks payable individual broker;
    Victims were told not to tell anyone;
    Little or no documenation provided; and
    Use of statement ‘Guraranteed and Risk Free’

    Criminal – Title 2C
    -Incarceration
    -Fines
    -Restitution

    Securities Law – Title 49
    -Asset Freeze & Seizure
    Penalites
    License Revocation

    ‘FIDUCIARY’
    Mortgage Brokers in NJ 2005 forward doing business under umbrella of ‘Wells Fargo Home Mortgage, Inc., storefronts were not required to be licensed. Employees of ‘Norwest Funding’ wonder what duty they ahd ‘Agency’ c/o TRUSTEE Wells Fargo bank NA Securities Broker Dealers, who sold loans at a discount to Lehman Brothers,for example, and did not disclose to consumer loans sold at a discount, consumer paid commitment fee for mortgage broker, and consumer paid origiantion fee for broker, and broker did not disclose they were Agent acting in best interest of trustee.

  17. REGARDING FIDUCIARY DUTY: I do wish those who “contribute” to these comments would first familiarize themselves with WA law. If you’re talking about the trustee of a deed of trust THEY DO NOT HAVE A FIDUCIARY DUTY TO THE GRANTOR (or anybody else). RCW 61.24.010 (3) “The trustee or successor trustee shall have no fiduciary duty or fiduciary obligation to the grantor or other persons having an interest in the property subject to the deed of trust.
    (4) The trustee or successor trustee has a duty of good faith to the borrower, beneficiary, and grantor.” Id.
    This is what the AG is talking about. “Good faith” in any statutory scheme includes honesty and fair dealing. Pretending to be something you’re not, abdicating all duties to the lender while appearing only as a name on a deed of trust, and lying about having an address in the state so that it is impossible for someone attempting to stop an unlawful foreclosure is not dealing in “good faith.”

  18. Mr. Soliman,

    Washington Senate will allow but will Federal Reserve?

    Attorney General vested Jurisdiction over alleged unlawful business acts such as illegal foreclosure. Can consumers expect that the OCC to file an injunction like with Cuomo and ‘Clearinghouse’? Or because John Walsh testified addressing ‘mortgage and servicing robosigning scandal they will allow to proceed?

    John Walsh public testimony:
    “In general, the examinations found critical deficiencies and shortcomings in foreclosure governance processes, foreclosure document preparation processes, and oversight and monitoring of third party law firms and vendors. These deficiencies have resulted in violations of state and local foreclosure laws, regulations, or rules and have had an adverse affect on the functioning of the mortgage markets and the U.S. economy as a whole.”

    federal examiners looked at 2800 foreclosure files, and found “a small number” of plainly illegal, completed foreclosure sales, that violated a bankruptcy stay, the Servicemembers Civil Relief Act, or a temporary modification agreement.

    OCC to impose fines

    Affected homeowners hoping for more remedial measures.

    State’s attorneys general investigation is proceeding. It will be interesting to see whether in the post-Dodd/Frank era, the OCC is more willing to play nice with the state AGs.

    RECONTRUST COMPANY, National Association
    Charter ‘Non-deposit Trust Company – Member
    Regulator OCC
    FDIC 58026
    RSSD ID 3313943

    Non-Depository Trust Company
    Accepts and executes trusts, but does not issue currency.
    Non-Depository Trust Companies can either be Federal Reserve Members or Federal Reserve Non-members

    Member Bank: A bank that is a member of the Federal Reserve System, including all nationally chartered banks and any state-chartered or Mutual Savings Banks that apply for membership and are accepted

    Institution History for RECONTRUST COMPANY, NATIONAL ASSOCIATION (3313943)

    2005-01-04 RECONTRUST COMPANY, NATIONAL ASSOCIATION located at 225 WEST HILLCREST DRIVE, THOUSAND OAKS, CA was established as a Non-deposit Trust Company – Member.

    2010-07-01 RECONTRUST COMPANY, NATIONAL ASSOCIATION moved to 1800 TAPO CANYON ROAD SIMI VALLEY, CA

    Notice of Trustee Sale (2005)
    Transaction History Chicago Title
    Beneficiary NOT NAMED
    Foreclosure Record
    Foreclosure Loan $171,900

    Mortgage Records
    Recording Dates
    Lender Countrywide Home Loans Lending Institution
    Stand Alone Second Loan $19,100
    Mortgage Reocrdd Lender Name: H&R Block Mortgage Corp Lender Type – Mortgage Company

    Mortgage Record
    ……

    Clear record of tranactions recorded by Chicgo Title

    Those interested in seeing a RECONTRUST Foreclosure Record and attached Mortgage Records all tracked by Chicago Title
    Google Loan Doc # 2005-1446070 RECONTRUST

  19. Mr. Soliman: I don’t read People.

    “The claims are Recon Trust Company is accused of violating the state’s Consumer Protection Act. The same act that removes the fiduciary element of protections afforded every other state in the union.”

    Had to look up ‘debate’ over financial professionals should be held to a fiduciary standard.

    Why they are filing ‘illegal’ foreclosure? Becase Recon Trust did not put clients interest ahead of their own?

    Debate over whether Fiducary should be “Putting Clients Interest ahed of their own”

    Use to be back in the day, when you dealt with a licensed financial professionial if they were negligent, invested funds they were entrusted in aq ngeligent manner, such as inappropriate investment risk for age level, etc., consumer had recourse in court.

    Is that what you mean?

    Looking at article FPA Joyh Slabaugh
    The most basic definition of the fiduciary standard is “putting the client’s interest ahead of your own,” said FPA member Eric Brotman, CFP®, with Brotman Financial Group in Timonium, Md. The Committee for the Fiduciary Standard outlines five principles of a fiduciary standard. To paraphrase, they are:

    1.Put the client’s best interests first.
    2.Never mislead clients.
    3.Act with prudence.
    4.Avoid conflicts of interest.
    5.Disclose and manage unavoidable conflicts in the client’s favor

    Financial service professionals are typically licensed in one or a combination of the following three registrations with each one carrying a separate standard of responsibility. An investment adviser representative is legally allowed to provide financial advice and manage money and must uphold the fiduciary standard. A registered representative is legally able to sell many types of investments to consumers and must follow the suitability standard. An insurance agent, who is also a registered representative, is legally able to sell insurance-based investments and must follow the suitability standard as well as any state insurance rules. These standards may seem minor on the surface but have very different ramifications to the consumer.

    Yet current patchwork regulations do not require one standard across all types of financial services rendered. The same financial professional may legally use a different standard with the same client depending on the type of investment or service being provided. “An obvious concern is the narrow applications of when the fiduciary standard is triggered,” said Rostad. “For example, if you are receiving a specific investment or financial recommendation, too bad! You may have missed the fiduciary standard! If you walk into an office and ask for advice on your financial situation, you may or may not be dealing with a professional who holds him/herself to the fiduciary standard. But if you walk into an office and ask which mutual funds you should buy, the fiduciary standard is not necessarily triggered.”

    Some financial service professionals, concerned about this double standard, voluntarily join associations that require upholding the fiduciary standard, regardless of what type of service is provided to clients. The Financial Planning Association requires members to use the fiduciary standard with clients. Certain types of financial certifications require holders to adhere to a fiduciary standard as well.

    Despite the nuances to who is and is not legally required to use a fiduciary standard, “There is an extraordinarily simple way for consumers to ensure their adviser commits to meeting the fiduciary standard; get it in writing,” says Rostad. “Those advisers who support the fiduciary standard will have no problem with the request.”

    Many investors work with multiple types of financial professionals. Between their insurance agent, estate planning attorney, accountant, investment adviser and financial planner, a consumer could be fielding advice from any number of professionals who all hold to differing standards. Whether you are evaluating a potential financial professional or reconsidering your current advisers, ask your financial professionals what standard they meet and to put it in writing. You don’t have to wait for reform to make sure that your interests come first

  20. M.Soliman

    I am currently in Washington to testify and consult. Special thanks to T. Butler and Counsel R. Jones for their time and willingness hear new arguments.

    The facts are that something does exist beyond the Merscorp and phantom note arguments. The welcomed news is circulating around Washington that Attorney General Rob Kenna’s announcement is that his office is suing Recon Trust Company, a subsidiary of Bank of America, for conducting illegal foreclosures on thousands of Washington homeowners.

    Recon Trust is a National Association that merits questions about its jurisdiction. Bank of America Corp. (BAC), the biggest US lender by assets, is segregating almost half its 13.9 million mortgages into a “bad” bank comprised of its riskiest and worst-performing “legacy” loans. ReconTrust is listed as an agent for the United States Department of Treasury FBO the FDIC liquidation. Recon Trust is recognized as a “Bad Bank” by institutional investors and the world economies

    Recon Trust by order of the FDIC has allowed Bank of America to restore itself to recent profitability. So of course “ReconTrust ignored warnings, repeatedly broke the law and refused to provide information requested during the investigation – perhaps in the best interest of the nation’s economic security.

    This is either a misunderstanding or emergence of the civil rights problems counterproductive to that seen in the early sixty’s under then attorney general Robert F Kennedy. The Fed was the good guys who prevailed in Alabama under then acting governor, George Wallace. Now the Fed is the bad guy with the States AG taking up the right of the homeowner?

    WA AG McKenna believes “Recon Trust’s illegal practices make it impossible, for borrowers who might have a shot at saving their homes to stop those foreclosures.”ReconTrust is a foreclosure trustee that is legally required to act as a neutral party on behalf of both the lender and the borrower while conducting foreclosure proceedings in good faith and in accordance with the law.

    Wrong – The state has changed the understanding of the law whereby the third party is a fiduciary or least an element incidental to a fiduciary! Recon Trust is alleged by the state a foreclosure trustee that is legally required to act as a neutral party on behalf of both the lender and the borrower while conducting foreclosure proceedings in good faith and in accordance with the law.

    That is by definition incidental to a fiduciary – but the good state of WA has removed this understanding to aid the homeowners and now is further hampering the Ag’s call to justice.

    Which are its law makers and defenders of Justice? Has the State department not altered the Ag’s office of these changes with a Bad Bank and understanding of Recon Trust sitting on the FDIC list of paid consultants?

    If not for ReconTrust, how else could B of A ever been profitable as seen published in recent filings.

    But of greatest concern is the fact the assets held as mortgages by Recon Trust ARE NOT MORTGAGES OR MORTGAGE CONTRACTS AND NOTES. THESE FORMS OF COLLATERAL NO LONGER EXIST. Recon Trust holds liabilities for third party creditors and claims against pledges of defaulted debt for originators that have since been de-listed and left in the annuls of posterity.

    The state does not know this? This web site does not either? After all, the L.L. analysts and efforts researching the matter must have contemplated arguments of “who are really in support of the WA home owner’s best interest initiatives”. This controversy raises suspicions as all the information to date is hardly newsworthy —-having been made available though past periodicals such as WSJ, Newsweek and maybe even People?

    The claims are Recon Trust Company is accused of violating the state’s Consumer Protection Act. The same act that removes the fiduciary element of protections afforded every other state in the union –

    Why and How…. I mean WHAT?

    expert.witness@live.com

  21. Etolle ‘TRUSTEES’ please be sure to make clear are an ‘entity’ not a location.

    Origination all transactions related to Alt-A
    Lagest producers of non-conforming financial products
    do business
    c/o TRUSTEES

    ‘MERS’ tracks all transactions not recorded with County Clerks and County Recorders.

    All mortgage notes traded (bought and sold) that are not recorded.

    Who are they tracking for?
    TRUSTEES ‘ENTITY’ AFFIXED ‘NATIONAL ASSOCIATION’ OR ‘FEDERAL ASSOCAITION’ BRAND LABEL.

  22. GMAC Mortgage ‘TRUSTEE’
    c/o Wells Fargo Bank NA
    Document Custodian as defined in PSA’s
    Norwest Funding
    Correspondent Lenders

  23. @ NeedCaseLaw,

    Furthermore, I have it on trusted authority that GMAC’s notes are in a repository in MN and never made it to the trusts. Just an FYI. So the so-called trustee would have about as much authority as Debbie did in Dallas.

  24. LPS Print Solutions
    a Lender Processing Services Company

    42 terabytes of property data (since 1995) on the WEB!

    LPS Real Estate Group ‘new name’, same great service and pricing!
    We’ll be changing over in the next few months so look for thenew name and logo on your receipts and charges.

    Is this related to Zillow & Yahoo’s IPO?

    Brokers & Franchisors
    Real Estate Agents
    MLS

    Video of Google Related to LPS Print Solutions

    Fidelty National Real Estate Solutions
    LPS Real Estate Group

    CEO created partnerships with real estate bompanies, CTO put first property listing on web in 1995.

    Jay Gaskill has been PRESIDENT of this group for past 5 years.

    Responsible for:

    Real Estate Technology Services and Title and Settlement Services Divisions of Lender Processing Services, Inc. (LPS), a leading provider of integrated technology and services to the mortgage and real estate industries. For the past 25 years, Jay has been involved in all aspects of the real industry including real estate development, commercial and residential mortgage banking, and title and settlement services. He joined the Real Estate Group as the former Senior Vice President and Chief Operating Officer of the LSI division of LPS, and prior to that he originally joined Fidelity National Financial in 1993 and later became President of the Orange County division of Fidelity National Title.

    Proudly serving:
    350,000 real estate agents
    250 brokers and franchisors
    300 MLS & Assocaitions

  25. TRUSTEE-GATE

    Only possible through partnership and onwering technolgy 1990′s unleashed upon all consumers globally! Causing economic havoc in all economies by industry ‘real estate’ and energy, medical both domestic and foreign

    TRUSTEES OF ‘MORTGAGES, REAL ESTATE INVESTMENTS, GOVERMENT BOTH State & Federl, CONSUMER LENDING, CAPITAL MARKETS CHOSE IN 1990′S ‘TRUSTED SOLUTIONS’

    LSI A DIVISION ‘THE’ ORIGINAL DEVELOPER & LEADING PROVIDER OF ‘INSTANT’ ALTA title decisions

    Who benefits FROM ALL TRANSACTIONS which involve COMMERCE which require services of LSI? The ‘TRUSTEES’

    REAL ESTATE INDUSTRY:
    ORIGINATION, SERVICING, DEFAULT, RISK MANAGEMENT

    CAPITAL MARKETS:
    LIEN MONITORING, LOAN DATA, PREDICTIVE MODELLING, PROPERTY VALUATIONS, OTHER PROPETY SOLUTIONS

    WHAT DOES CAPITAL MARKETS HAVE TO DO WITH TRUSTEES? EVERYTHING! RELATED TO SALE AND RESALE OF ‘COLLATERAL’ AND CASH DEPOSITS ‘REMITTER’ OF PASS THROUGH AGENCIES C/O TRUSTEES

    LSI part of Lenders Processing Services, LSI is the ‘DIVISION’ of A LENDER PROCESSING SERVICES CO, morphed out of FNF and FIS. LPS use to be a DIVISION of DOCX. Pay attention to renameing companies they already own its called divestitures and acquistions and mergers.

    LSI is both software and hardware vendor and provider on CLOUD integrated by and with FIS, FNF, …..

    Microsoft, Freddie, Chase, GMAC-RFC, WFC, BOA partners in 2000 whose transactions origination and servicing and default are “Integrated nationwide network in which GMAC Mortgage c/o TRUSTEE Wells Fargo Bank NA (a substitute Trustee) for US Bank and BONY and HSBC and US Trust, etc. will process defaluts paying bank affiliates and non-bank affiliates taking of property by deceptive acts or larceny, evidence in public domain ‘Foreclosure-gate’ will reveal TRUSTEE-GATE finally!

    FIS FNF DOCX LPS LSI , eLynx, MERS, TD Services, etc. Aztec Foreclosures Corp (example of non-bank affiliate given umbrealla of ‘national association’ or ‘federal association’ brand name preventing enforcement of criminal acts by Attorney Generals vested Jurisdiction over unlawful business acts, Congress withheld authority by placing OCC & OTS as intermediary who in all matters related to commerce and white collar crimes will ‘sanction’ institutions and not prosectute individuals – they can’t due to vistorial powers vested to OCC & OTS and allow TRUSTEE-GATE! and trustees with fiduciary duties pay third party’s to take property by deception, force falsified foreclosures on mortgage notes traded in which the TRUSTEE vested powers to SERVICER after 91 days to liquidate the loans and swap the TRUSTEE to swap loans of like kind. Meanwhile, SERVICERS c/o TRUSTEE paid well as the handlers taking property by deceptive acts. If but not for the fact related to ‘COMMERCE’ and ‘Federal Reserve Charters’ all ‘White Collar Crime’ more profitable as TRUSTEE as an entity who are not subject to statutory laws.

    Closing & Escrow / OVER THE CLOUD (FINANCE UNIVERSE):
    LSI provides different levels of service to help lenders close their loans easily and efficiently. With innovative solutions such as web-based closings, LSI empowers lenders and servicers to achieve their business goals and succeed in today’s competitive marketplace.

    Title Insurance
    LSI delivers coast-to-coast custom title insurance solutions with complete control and flexibility. As the original developer and leading provider of instant ALTA title decisions, LSI assists lenders in closing faster, but with the same level of assurance – and insurance.

    WATCH LSI TODAY
    FIDELTY / LSI-CLOSING STREAM 1 UPDATED 2/29/2008 YOUTUBEL.COM

    LSI – A Lender Processing Services Ompany

    About Us: LSI is a division of Lender Processing Services (NYSE:LPS), the nation’s leading provider of integrated data, servicing and technology solutions to mortgage lenders. LSI is the largest centralized provider of appraisal, title and closing services to first mortgage and home equity lenders as well as to mortgage servicers and investors. LSI performs property valuations and settlement services in all 50 states, plus the District of Columbia. We serve our clients’ real estate lending needs nationwide utilizing a common operating environment from four geographic locations: Pittsburgh, Pennsylvania; Sacramento, California; Santa Ana, California and Houston, Texas.

    LSI has relationships with the nation’s top 25 mortgage banks. Because of its national reputation and proven business experience, LSI has strategic alliances with many of the mortgage banking industry’s key players, including Fannie Mae and Freddie Mac. In addition, LSI is a member of the Mortgage Bankers Association of America, among many other associations.

    LPS
    LSI Division
    A Lender Processing Services Company
    Products
    Property Valuation
    By Type: Traditional Appraisals ; Appraisal Alternatives
    Reviews & Inspections
    By Category: : Single Family Residence, Condo, Multi-Units, , FHA, REO, Co-Op, New Construction, Land

    Closing & Escrow
    -Escrow Services
    -Signing Services
    -ClosingStream

    Title Insurance
    – ALTA Insurance
    – AQUA Title Solution
    -Home Equity Loan Policy
    - Non-Insured Products
    - DecisionStream

    Clients
    – LSI Clients
    – New Clients

    Providers
    – LSI Providers
    – New Providers
    Abstractor
    Appraiser
    Notary
    Real Estate Broker

    TITLE & CLOSING SERVICES

    -ABSTRACTOR INQUIRIES

    -DECISION STREAM IS POINT OF SALE TOOL FOR LOAN ORIGINATORS!

    -BORROWER SURVEY – RATE YOUR CLOSING AGENT/EXPERIENCE

    -TITLE RATE CALCULATOR – CALCULATES TITLE INSURANCE PREMIUMS (FOR WHO?) CHARGED TO THE ‘TITLE AGENY’S’ WHO ARE THE THIRD PARTY WHO CHARGE THE BORROWER AND THE BORROWER UNAWARE OF THE ‘LENDERS’ PLICY, THEY PAID FOR WAS ISSUED C/O TRUSTEE

    THE BENEFICIARY OF THE ‘LENDERS POLICY’ NOT CONSUMER, THE TRUSTEE WHO PROMISIES THE SERVICER AFTER 90 DAYS THE SERVICER MAY CONTROL THE ‘DEBT’ AND LIQUIDATE THE LOANS C/O TRUSTEE FOR THE ‘LOAN TRUST’ THE ‘NEW LOAN’ AND THE ‘LOAN IN DEFAULT’ WILL BE TRACKED BY.
    -NOTARY INQUIRIES
    -LENDER INQUIRIES

    APPRAISAL SERVICES:
    -Lender Inquiries Obtain additional appraisal information
    -Appraiser & Real Estate Broker Inquires – Obtain answers to general questions

    HVCC Hoteline (877)246-3493 Report a concern related to HVCC

    SMATER APPRAISING
    LEARN HOW TO ANALYZE THOUSANDS OF REAL ESTATE RECORDS IN MERELY MINUTES!

    FIS’ ONLY VENDOR APPROVED BY FREDDIE MAC FOR ‘ORIGNATORS’ INCLUDES LSI HARDWARE AND SOFTWARE INCLUDING THE LSI SORTING MACHINES WHICH PRINT THE FALSIFIED DOCUMENTS, eNotes, Satisfaction of Mortgages, DEED OF TRUST records, etc.

    LSI has been providing appraisal, title and closing services to the mortgage industry for over 40 years; servicing all of the top ten lenders in the nation. LSI continues to increase its volumes with lending partners by customizing solutions to meet new market demands. All of LSI’s services are integrated through a single dynamic platform that allows clients to choose the best solution from the point-of-sale through servicing the loan after closing. As a result, originators and servicers receive faster, better and less costly loan transactions.

    Additional Information
    For general lender inquiries and contact information, please click on one of the links provided below.

    Lender Appraisal Inquiries
    Lender Title/Closing Inquiries
    If you are interested in obtaining more information about LSI’s products and services and becoming an LSI client, please click on the link below for further details.

    LSI West
    5 Peters Canyon Road
    Irvine, CA 92606
    Toll Free: (800) 756-3524

    LSI East
    700 Cherrington Parkway
    Coraopolis, PA 15108
    Toll Free: (800) 722-0300

    LSI North
    5039 Dudley Boulevard
    McClellan, CA 95652
    Toll Free: (800) 964-3524

    WEB CENTER ASSITANCE EMAIL
    Technical Support
    helpdesk at lsi – lps . com

  26. [...] Livinglies’s Weblog Filed Under: Foreclosure Law News, Foreclosure News Tagged With: crisis, foreclosure, [...]

  27. To Nancy Drew :
    Thank you for all your info. Are the New Jersey courts requesting the Trustees to recertify documents because the Trusts are suppose to be registered with the state ? If they are, why is it so hard to get any info out of the New Jersey Bureau of Securities ?

  28. There is a virtually identical situation occurring in Washington with LSI Title Agency, Inc., a straw-man trustee formerly serving chiefly with GMAC related companies, although since learning that LSI was under investigation, GMAC has distanced themselves from them. However, in direct defiance to the AG’s “Trustee Letter 2″ warning of the illegality of their non-existent participation in foreclosures (this whole thing was alerted via a complaint against LSI lodged with the WA Insurance Commissioner), LSI is continuing to be claimed as “trustee” in unlawful foreclosures in Washington. All of this is fully documented and a subsequent complaint has been sent to the Office of the Insurance Commissioner and the Attorney General as well as the press.

  29. This has cost them some money as they try to get my house for free and with denied motions for relief. Full Appendix of Records, Opening Brief by Appellant, Appellee Opening Brief, Appellant Reply Brief, RJN #1, RJN #2 all at the 9th circuit BAP. The link describes how to read the documents with the links. The oral arguments are not set yet.

    This will show you how much work it takes, and that there is no free house it is an uphill battle.

    http://www.foreclosurehamlet.org/forum/topics/davies-v-deutsche-bank-9th-circuit-court-of-appeals-all-documents?commentId=4164911%3AComment%3A93506&xg_source=msg_com_forum

  30. It’s all in the transactions!

    WA – Look at foreclosure mills who hire trustees as reo brokers and track pre-foreclosure and post-foreclosure.

    Look at documents for ‘TD’ indicating documents processed through subscribers of TD Services who are dba as TD Escrow Services & TD Financial Services INTEGRATED on the CLOUD with FIS, and FNF – LPS / DOCX, and LSI, and eLynx, and MERS,

    Start with one foreclosure mill whose own website reveals what they do for ‘servicers’ in the taking of real estate of consumers! And read what the State Treasury does not do in your state.

    STATE TREASURY PROVIDES NO DUE DILLIGENCE IN THE TAKING OF PROPERTY OF CONSUMERS, DOES NOT PROTECT RIGHTS OF CONSUMER WHY?

    THE RIGHTS BELONG TO THE CONSUMER AND ENTITITLEMENT TO PROTECT ONES RIGHT AS A CONSUMER ? NULLIFIED BY PREFORECLOSURE DBA ‘NATIONAL ASSOCIATION’ AND ‘FEDERAL ASSOCIATION’ C/O REO BROKER AND C/O REO TRUSTEE debt collectors who file falsified documents c/o Attorney who without due dilligence, without personal knowledge paid a fee to take property.

    TRUSTEE-GATE

    Very real

    Here is a live-example of a real robo–foreclosure mill whose subscribers in non-judicial states have access to integrated network of FIS: FNF, LPS, LSI, TD, eLynx, MERS, etc.

    Aztec Foreclosure Corp Antics Analyzed

    https://livinglies.wordpress.com/2011/08/17/aztec-foreclosure-corp-antics-analyzed/

    Consider who Aztec Foreclosure Corp under agreement with?

    Consider who are Aztec Foreclosure Corp subscribers and as a subscriber of the nationwide network provides services to individual reo brokers and individual ‘trustee brokers’ who process documents in order that ‘lender/underwriter/ take property via electronic bids durng a mechanized process where NOBODY PROVIDES DUE DILLIGENCE OVER TAKING OF REAL ESTATE .

    THE TAKING OF POSSESSION OF PROPERTY OF ANOTHER PERSON BY DECEPTIVE ACTS, DONE WITH INTENT, CAN BE LIABLE FOR LARCENY!

    ‘TRUSTEE-GATE’

    BANKRUPTCY TRUSTEES may be contractors not attorneys (in NJ for exmaple). What about your state?

    APPEARS AT THE HIGHEST LEVEL ALL OF THOSE INVOLVED IN THE ‘TAKING’ BY DECEPTIVE ACTS ‘PROPERTY’ HAVE TITLE ‘TRUSTEE’

    SOUNDS LIKE ‘TRUST ME’

    ‘TRUSTEE-GATE’ trustees control taking of real property.

    The real estate industry of United States of America completely controlled in all transactions since Y2K virtually now called the ‘FINANCE UNIVERSE.’ There is absolutely no distinction of COMMERCE in the FINANCE UNIVERSE (globally) except but for the legal issues related to Uniform Commercial Codes (UCC) domestic (USA) and foreign (everywhere else).

    IMPORTANT – Absolutely. The ‘crimes’ domestically are subejct to the laws of the USA

  31. NEW YORK POST:
    92% BANKS STILL FORECLOSIGN WITHOUT ANY RIGHT ‘LL’ article.

    TRUSTEE-GATE

    Evidence withheld from consumers inorder to take property (real estate) and (personal property) by deceptive acts.

    Funny thing about ‘Trustees’ they are with and have fiduciary duty? and accountable for negligence.

    Substantive omissions of material facts during Origiantion and during default.

    YOU ARE ALL FAMILIAR WITH FORECLOSURE GATE.
    Legal Services ‘one attorney’ finds defects in GMAC documents filed by REO Brokers and non-judicial trustees…..

    YOU ARE FAMILAIR WITH ROBO-SIGNING via Lynn S. excellence as a Patriot revealing at great personal expense over 10,000 documents she dutifully examined related to a family member’s loan frauds. Lynn S. 60 Minues expert April & August trains the FBI how to investigate falsified documents.

    YOU ARE NOT FAMILIAR WITH ‘TRUSTEE-GATE’? Yet everyone in the USA are affected by TRUSTEE-GATE during Origintion, during processing of timelyhpaymetns, trading of assignments, clouding of titles, defaults, and taking possession of property through deceptive acts, with intent = Larceny.

    IN NON-JUDICIAL STATES
    REAL ESTATE OWNED – ‘BROKERS’ ALSO CALLED ‘TRUSTEES’ FILE FALSIFIED DOCUMENTS ‘DOT’ HIRED TO TAKE PROPERTY THROUGH DECEPTIVE ACTS, WHICH INCLUDE ‘NOT PERFORMING DUE DILLIGENCE’ AS A FIDUCIARY.

    DID YOU KNOW THAT ‘TRUSTEES’ IN BANKRUPTCY COURTS MAY BE ‘CONTRACTOR’ AND POSSIBLY NOT AN ATTORNEY?

    THAT THE ‘CONTRACTOR’ WORKING FOR THE ‘BANKRUPTCY COURT’ MAKES THEIR LIVING FROM COLLECTING MONEY ‘AS A DEBT COLLECTOR’ AND THAT IS a LAWFUL HONORABLE FIDUCIARY DUTY, WHEN PERFORMED WITH DUE DILLIGENCE, TO PROTECT WELFARE OF NATION, PURPOSE OF BANKRUPTCY COURTS.

    ON-JUDICIAL STATES, do you know who is taking the property AND are filing falsified documents the ‘TRUSTEES’ file and approve (WHERE IS THE DUE DILLIGENCE?) in a mechanized computer nationwide network connected to INSTITUTIONAL BANK, INSTITUTIONAL INVESTOR C/O ‘TRUSTEES’ MANY OF THEM.

    ARE THE ‘TRANSACTIONS’ AS PROCESSED ACCEPTABEL TO THE ‘STATE TREASURER’ OR BECAUSE THE PARTY WHO ARE TAKING ARE AFFIXED ‘NATIONAL ASSOCIATION’ AND FEDERAL ASSOCIATION’ THEY WEAR HORSE BLINDERS DUE TO VISTORIAL POWERS OF ‘OCC’ AND ‘OTS’ THE FEDERLA REGULATORS RESPONSBILE FOR THE ‘EXTRAORDINARY POWERS’ VESTED TO THE ‘CONGLOMERATES’? WHO HAVE PROVEN THEY ARE A ‘BUFFER’ FOR SANCTIONS APPLIED BY FTC SO AS TO NOT BRING FORTH EVIDENCE OF FRAUDS OF COMMERCE INTO PUBLIC DOMAIN.

    Who is accountable ? as fiduciaries in the taking of CA, OR, WA, … states properties?

    DID YOU KNOW THAT THE PROCESS OF FILING DOCUMENTS WITH A COUNTY CLERK/COUNTY RECORDER, AS A PUBLIC OFFICE, ARE CONSIDERED TO BE TRUE UNLESS SOMEBODYCONTESTS THE DOCUMENTS?

    NEW JERSEY COURTS WIPED THEIR HANDS ‘CLEAN’ BY LEGALLY REQUESTING ‘TRUSTEES’ OF INSTITUTIONAL BANKS AND INSTITUTIONAL INVESTORS TO RECERTIFY DOCUMENTS PROCESSED IN A JUDICIAL STATE ARE LAWFULLY RECORDED MEANING ARE TRUE. NOW THAT THE STAY ON FORECLOSURES LIFTED, NJ COURTS ALLOWED ‘INSTITUTIONAL BANKS’ AND INSTITUTIONAL INVESTORS/ C/O TRUSTEES TO REFILE HUNDREDS OF THOUSANDS OF DOCUMENTS FILED BY ROBO-MILLS WITH MISTAKES THAT WOULD REVEAL PARTY WITHOUT STANDING CHANGED. ABRA CADABRA.

    DEAR ‘BANKRUPTCY TRUSTEE’

    Do you know if the ‘trustee’ and the ‘loan trust’ documents filed are in order? and TRUE? as recorded with public offices?

    Does the Assignment during default reflect name of the beneficiary of the sale as recorded by TRUSTEE c/o Instituional Bank and Institutional Investor c/o TRUSTEE and Loan Trusts?

    The ‘Sales’ recorded with Scretary of State are also merchantile transactions considered to be true unless a consumer contests them.

    The Treasury of the State has no ‘duty’ to check unless consumers bring forth cases. How do consumers join together to reveal the Truth?

    Has anyone investigated this?

    IS IT TRUE THAT ALL TRANSACTIONS RELATED TO ‘TRUSTEES’ ARE AFFIXED ‘NATIONAL ASSOCIATION’ AND ‘FEDERAL ASSOCIATION’ C/O TRUSTEES IN ORDER THAT THE DOCUMENTS APPEAR TURE?

    IS THE TREASURY OF THE STATE OF CALIFORNIA & WA BLOCKED FROM VALIDATING DOCUMENTS ARE ALL IN ORDER?

    LIKE IN NEW JERSEY, WHERE NONE OF THE CONSUMER PROTECTION AGENCIES ARE ALLOWED TO INVESTIGATE ANY MATTERS AFFIXED ‘NA’ AND ‘FA’

    WHERE IS THE DUE DILLIGENCE?

    THE TAKING OF PROPERTY BY DECEPTIVE ACTS ENABLED BY ‘CONTRACTOR’ C/O STATE TREASURY SHOULD BE INVESTIGATED

    TRUSTEE-GATE – ABSOLUTELY. NOT A PLAY ON WORD BUT THE PARTY WITH FIDUCIARY DUTY ALIKE THE ‘SETTLEMENT AGENTS’ WHO CLOSE FOR THE INSTITUTIONAL BANKS AND INSTITUTIONAL INVESTORS DURING ORIGINATION THE ‘DOCUMENTS’ in accordance with ‘Closing Instructions’ c/o TRUSTEE

  32. In the News:
    Mortgage Litigation Index reported that national litigation against servicers rose 88% in the first quarter of 2011
     JPMorgan Chase: $1.1 billion in litigation expenses during the first quarter
     Bank of America: an increase of $558 million in one quarter to total $940 million in litigation costs for three months
     Wells Fargo: civil charges of $85 million
    Mortgage litigation cases have highlighted the severity of America’s regulatory environment according to a press release recently from Kassas Law.*
    Folks we are doing our job to keep them in check. It is not any regulatory body or your attorney generals. It is lawsuits.

  33. KABOOM | George Babcock Foreclosure Fight Club – Rhode Island Federal Judge Halts Foreclosures (Video & Order)

    http://4closurefraud.org/2011/08/18/kaboom-george-babcock-foreclosure-fight-club-rhode-island-federal-judge-halts-foreclosures-video-order/

  34. Yeah!

    https://livinglies.wordpress.com/2011/08/17/aztec-foreclosure-corp-antics-analyzed/

    Read real sales of real properties taken by deceptive acts c/o State Treasurer and Bankruptcy TRUSTEE c/o REO brokers, trustees, agents, agencies like Aztec Foreclosure Corp.

    Read about ‘foreclosure’ sherrif sales handled by ‘TRUSTEE’ as reo broker and contractor of Bankruptcy Court who is a contractor c/o State Treasury. Where is due dilligence?

    The documents processed during pre-foreclosure uncontested foreclosures – the same as the documents recorded after the sale.
    NOT BASED on the foreclosure sales pending and foreclosure sales executed.

    It’s all in the transactions!

    WA – Look at foreclosure mills who hire trustees as reo brokers and track pre-foreclosure and post-foreclosure.

    Look at documents for ‘TD’ indicating documents processed through subscribers of TD Services who are dba as TD Escrow Services & TD Financial Services INTEGRATED on the CLOUD with FIS, and FNF – LPS / DOCX, and LSI, and eLynx, and MERS,

    Start with one foreclosure mill whose own website reveals what they do for ‘servicers’ in the taking of real estate of consumers! And read what the State Treasury does not do in your state.

    STATE TREASURY PROVIDES NO DUE DILLIGENCE IN THE TAKING OF PROPERTY OF CONSUMERS, DOES NOT PROTECT RIGHTS OF CONSUMER WHY?

    THE RIGHTS BELONG TO THE CONSUMER AND ENTITITLEMENT TO PROTECT ONES RIGHT AS A CONSUMER ? NULLIFIED BY PREFORECLOSURE DBA ‘NATIONAL ASSOCIATION’ AND ‘FEDERAL ASSOCIATION’ C/O REO BROKER AND C/O REO TRUSTEE debt collectors who file falsified documents c/o Attorney who without due dilligence, without personal knowledge paid a fee to take property.

    TRUSTEE-GATE

    Very real

    Here is a live-example of a real robo–foreclosure mill whose subscribers in non-judicial states have access to integrated network of FIS: FNF, LPS, LSI, TD, eLynx, MERS, etc.

    Aztec Foreclosure Corp Antics Analyzed

    https://livinglies.wordpress.com/2011/08/17/aztec-foreclosure-corp-antics-analyzed/

    Consider who Aztec Foreclosure Corp under agreement with?

    Consider who are Aztec Foreclosure Corp subscribers and as a subscriber of the nationwide network provides services to individual reo brokers and individual ‘trustee brokers’ who process documents in order that ‘lender/underwriter/ take property via electronic bids durng a mechanized process where NOBODY PROVIDES DUE DILLIGENCE OVER TAKING OF REAL ESTATE .

    THE TAKING OF POSSESSION OF PROPERTY OF ANOTHER PERSON BY DECEPTIVE ACTS, DONE WITH INTENT, CAN BE LIABLE FOR LARCENY!

    ‘TRUSTEE-GATE’

    BANKRUPTCY TRUSTEES may be contractors not attorneys (in NJ for exmaple). What about your state?

    APPEARS AT THE HIGHEST LEVEL ALL OF THOSE INVOLVED IN THE ‘TAKING’ BY DECEPTIVE ACTS ‘PROPERTY’ HAVE TITLE ‘TRUSTEE’

    SOUNDS LIKE ‘TRUST ME’

    ‘TRUSTEE-GATE’ trustees control taking of real property.

    The real estate industry of United States of America completely controlled in all transactions since Y2K virtually now called the ‘FINANCE UNIVERSE.’ There is absolutely no distinction of COMMERCE in the FINANCE UNIVERSE (globally) except but for the legal issues related to Uniform Commercial Codes (UCC) domestic (USA) and foreign (everywhere else).

    IMPORTANT – Absolutely. The ‘crimes’ domestically are subejct to the laws of the USA.

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