Illinois Indictment for Recording Back-Dated Instrument: The Key to Future Indictments?

It is always the cover-up that gets people in trouble for what they did. It’s time for DOJ and law enforcement across the country to pursue crimes being committed hundreds of times per day in our court system and recording offices and in correspondence between a false servicer and a clueless homeowner who thinks they are bound by an illegal defective loan contract. recording false instruments is a crime.

THIS IS LOW HANGING FRUIT FOR PROSECUTORS WHO WISH TO ADVANCE THEIR POLITICAL CAREERS.

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For further information please call 954-495-9867 or 520-405-1688.

This article is no substitute for a legal opinion from an attorney licensed to practice law in the jurisdiction in which your property is located. Get a lawyer.

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see https://www.fbi.gov/chicago/press-releases/2015/former-clerk-at-cook-county-recorder-of-deeds-indicted-for-accepting-cash-bribe-in-exchange-for-preparing-fraudulent-real-estate-deed

CHICAGO—A former clerk for the Cook County Recorder of Deeds accepted a $200 cash bribe in exchange for preparing and agreeing to record a back-dated deed on an Oak Park home, according to a federal indictment announced today.

The indictment was returned Thursday in U.S. District Court in Chicago. It charges Taylor, 59, of Chicago, with one count of mail fraud and two counts of wire fraud. Taylor will be arraigned before U.S. District Judge Sara L. Ellis on Sept. 24, 2015, at 10:00 a.m.

According to the indictment, Taylor offered and agreed to prepare a false quit claim deed that added the purported relative to the deed of the Oak Park property, which was allegedly owned by three deceased individuals. Taylor told the undercover agent that she usually charges $500 to prepare and record the fraudulent documents, but that in this instance she was willing to charge only $200, the indictment states.

This indictment opens up the area of inquiry that homeowners have been raising for years. In many, if not most cases, the assignment of mortgage has been back-dated. That is the equivalent of “uttering a false instrument.” It is a criminal act carrying pretty strong penalties under state law. The ancillary charge is even worse for the perpetrator: using the US Postal Service as part of an illegal scheme (mail fraud) or using the banking system to commit a crime (wire fraud).

There might be many false instruments recorded and there may be more than one recording clerk that allows it and even assists in the process. The judges in foreclosure actions don’t seem to be interested. But it looks like the FBI may have different ideas and perhaps the local prosecutor’s office might also want to look at this. Certainly, considering the scale of the problem (millions of false instruments recorded including assignment and even satisfaction of mortgage), the DOJ and the state Attorney General SHOULD be looking at these crimes as they are having widespread negative effect on the community at large.

Filing a report with law enforcement is the first step. Making sure you have all the paperwork in order so that law enforcement is not required to get documents that you could have otherwise given to them. If the charge is brought there is an argument to say that there is an intervening criminal act involved and that the act of foreclosure is in equity; courts generally do not grant equitable relief to a party with unclean hands — one of the many reasons we have seen the game of musical chairs with Trustees and servicers.

But the real issue is getting convictions. This will inhibit anyone from executing an instrument they know nothing about (robo-signor) at the instruction of people who know the instrument is wrong, back-dated or otherwise false. A good prosecutor will get several indictments and several convictions from each event. In my opinion this criminal behavior is ongoing, not barred by any statute of limitations and if prosecuted, would do more to stabilize the economy than many other policies.

The inquiry could go on to include “modification” where the false “servicer” reports that the investor rejected the modification; in nearly all cases, no presentation of the modification is ever made to the investors. Representing to the Court that the modification was rejected by the investor is perjury, suborning perjury or simply fraudulent misrepresentation to the court by the attorney.

My reason for saying “false servicer” is that in virtually all cases, the “servicer” has no legal authority to act and knows it. The trustee for the alleged REMIC Trust has no authority to act and knows it. The Master Servicer (Investment Bank) sits in the background calling the shots. But none of these entities actually have any relationship to a particular loan — if, as seems to be universally true, there )a) was no consummated loan contract or (b) the “loan” never made it into the REMIC Trust.

Unless the servicer, Trustee or other “representative” has some OTHER valid contract allowing them to service or enforce the alleged “loan documents” they have nothing. If the loan wasn’t purchased by the Trust, the trust doesn’t own it. And the Trust does not own it in most cases. The assignment is false, not supported by consideration (a false claim frequently found in assignments), and is void, if it was not purchased and certainly void if performed after the cutoff date. In virtually all cases the REMIC Trust exists only on paper — never in the real world of the marketplace. A trust without a business, assets, liabilities, income and expenses is no trust at all — it lacks the “res.” That is Trust talk for lack of consideration.

So you can see that in ALL cases, the truth of the document lies in the money trail. AND THAT is what should be relentlessly pursued in discovery and on appeal.

30 Responses

  1. [audio src="http://recordings.talkshoe.com/TC-139335/TS-1012814.mp3" /]

  2. Garfield’s Goose & Friends
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  3. besides the smaller banks – look at the list of some 388 Mortgage Lending Entities which were taken down into bankruptcy and swallowed up by the big-banks & other bidders for pennies on the dollar – all from the sub-prime bubble engineered by the big 3 & their poolers

    http://ml-implode.com/alphabetical.html

  4. JG that link is serious stuff! Now we need one for “saved” banks! If it is what it says cover up under our noses.

  5. greg at 3:01 – that stinks.

    Alphabetical List of Failed Banks – with Financial Institution Numbers (FINs) and Financial Crimes (FC) Attorney Assignments – 2007 to Present

    https://www.fdic.gov/bank/individual/failed/assignments.html

  6. Anyway i rescinded,
    Which way are they going to move on the chess board

  7. I have a backdated assignment that would pop your cork
    And whats done, is done.

  8. Contemplate:
    “The right to subrogation accrues upon payment of the debt. The subrogee is generally entitled to all the creditor’s rights, privileges, priorities, remedies, and judgments and is subject only to whatever limitations and conditions were binding on the creditor. He does not, however, have any more extensive rights than the creditor.”
    From :
    http://legal-dictionary.thefreedictionary.com/subrogation

    See why we never had true creditor.

    Not legal advice just ” contemplating”

  9. I just read this post by Neil properly and i think its where its at and it will start to fall- thehouse of cards per se.
    When a party purportedly in an authorized capacity records a document ( for eg trustees deed upon sale uhmm) ” as requested by” a title insurance company, then i think we have another problem with Issues of subrogation.

  10. Taylor faces a max sentence of 60 years… she is 59…. SHE’S GONNA SING LIKE A CANARY!

  11. CRD
    you obviously do not live in CROOK COUNTY where that type of behavior is the norm…

    home of the ABA, Al Capone,Greylord, etc…
    gg

  12. Criminal case….admitted wrongdoing. What if the 100,000 of times its done without accepting a bribe…..

  13. john gault/ayn rand
    note there is no restriction on any of these banks when operating in the capacity as trustee to a trust – only in new business they generate themselves…

  14. Exactly what we’re seeing in CA where there is blatant disregard for homeowner bill of rights and settlement requirements appears to be institutionalized in LA County. The CA AG negotiated grand jury power. Can we push for her to actually use it as to agency/recorder enforcement?

  15. June 17, 2015 Contact: Bryan Hubbard
    (202) 649-6870

    OCC to Escheat Funds from the Foreclosure Review, Terminates Orders

    OCC to Escheat Funds from the Foreclosure Review, Terminates Orders Against Three Mortgage Servicers, Imposes Restrictions on Six Others:

    The decision to escheat uncashed payments was included in the termination documents and amended consent orders released today.

    The OCC terminated orders against Bank of America, N.A.; Citibank, N.A.; and PNC Bank, N.A., because it determined that these institutions have complied with the orders issued in April 2011 and amendments issued in February 2013.

    The OCC also has determined that EverBank; HSBC Bank USA, N.A.; JPMorgan Chase Bank, N.A.; Santander Bank, National Association; U.S. Bank National Association; and Wells Fargo Bank, N.A., have not met all of the requirements of the consent orders. As a result, the amended orders issued today to these banks restrict certain business activities that they conduct. The restrictions include limitations on:

    acquisition of residential mortgage servicing or residential mortgage servicing rights (does not apply to servicing associated with new originations or refinancings by the banks or contracts for new originations by the banks);

    new contracts for the bank to perform residential mortgage servicing for other parties;

    outsourcing or sub-servicing of new residential mortgage servicing activities to other parties;

    *off-shoring new residential mortgage servicing activities; and
    *jg: *&!&F^%#$!U!#!

    new appointments of senior officers responsible for residential mortgage servicing or residential mortgage servicing risk management and compliance.

    These restrictions vary based on the particular circumstance of each bank.

    http://www.occ.gov/news-issuances/news-releases/2015/nr-occ-2015-85.html

  16. one who receives a Power of Attorney can only act in agency to the extent which the principal could do…So if they hand you an empty bucket – you cannot allege that the bucket is full…

  17. Neil – thanks for upgrading this to a top level posting

  18. What are POAs ????? (Pieces of Ass Shit)

  19. Who wants to take my layup of a case !!!!

    In black and white. Bank B assigned to Bank C. BEFORE !!!!! Bank A assigned to Bank B.

    Pro se, I bought to court judges attention. Clerk of records attention (who acknowledges it, but says has now power) servicer attention. Fraudcloser attorneys attention. And sheriff’s attention. (To say nothing about the balance fraudclosed wad proved to servicer as incorrect) …..all these people were notified of fraudulent assignments of mortgage , yet fraudclosed on house.

    Now what lawyer wants to make some easy $$$$$ (as none I spoke with past 5 years have !!!)

  20. What Neil is describing is the actual effect of the statute of frauds on title-affecting records at the county level as part of the Land Title Act. Each state applies it a little differently, especially with respect to agents (loan servicers) of principals (beneficiary). Generally the burden of proof falls on a party asserting agency. Generally the SOF requires the beneficiary’s name, the borrower’s name, the property description, and or loan number. And generally powers of attorney do not have schedules of the loans affected attached to them. So your requests for production of documents should specify those documents that link the loan to any POA. And the courts are well-paid to keep you from ever seeing the result of such discovery requests.

  21. All the assignments in my cases(s) three are fraudulent and forged. Forgery is a felony. Wire and mail fraud in all cases. Unfortunately, there are more fraudulent document creator companies out there than you think.

  22. HI Shadowcat. what do you mean when you say that a POA requires capacity? thanks.

  23. You could call them low hanging fruit ….

  24. Those POAs. .. Require Capacity

    They drop like flies.

  25. Back then .. The Sheriffs depts were also being used to serve these docs. Thus a halt in FCs. Started back up using private process servers.

    Would not notify KC by mail ….. Or in any other legal manner.

    KC … Deeds are MIA….flying wild.

  26. I meant to say that the loan servicer (i.e. lender, trustee, investor) are all the same one in my opinion and in my particular case, there has been no evidence presented to prove otherwise. this is how I know the power of attorney paper that chase has assigned to fannie mae is fraudulent plus I am in a trial loan mod. please don’t tell me that the investors voted yes to modify me. Halloween is coming early because the investors must be ghosts.

  27. Neil, what about the bogus Power of attorneys where the bank’s attorneys try to pass off in the courtroom as the lender assigning the rights to fannie mae to convey property rights. the banks have absolutely nothing to back these pieces of fraudulent paper on. I hope you are not falling for their scam. An assignment has always recorded in public records when a loan has been transferred . How many servicers can one loan have. the “master servicer” as you refer to is only one entity. at lease in my particular case.

  28. This is indictment is for an FBI sting. I wonder what prompted the sting? I wonder who else bribed her?

  29. Chop off the low hanging nuts 1st… And the rest bleeds out.

    Taking one Bite at a Time!

    Watch your tongue .. Career advancement ? Really?

    To many taking advantage of a bad situation and Profiteering for themselves. Sound Familiar?

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