Reminder: Only Banks are Allowed to Alter Evidence

By William Hudson

Banks have used fabricated documents and forged signatures over the past decade to foreclose on homes they don’t own while law enforcement and the courts have intentionally looked the other way. However, attorney Constantine “Chuck” Kalogianis is now in trouble because he has been accused of resorting to the same tactics by altering documents in at least five Pasco County mortgage foreclosure cases in which he represented delinquent borrowers.

 
Claims of evidence tampering have been filed in a 258-page motion filed in Pasco Circuit Court this week by Bayview Loan Servicing seeking to foreclose on one of Kalogianis’ clients.  The motion focuses on Kalogianis who the plaintiff believes was the only one with the means and motive to alter records and make it appear that the companies starting the foreclosure actions didn’t have legal standing to do so.

 
The goal, the motion says, was to make it impossible for Bayview to foreclose on Kalogianis’ clients.  In one case, a judge initially ruled in his favor and ordered a bank to pay him $170,000 in legal fees. It will be interesting if Kalogianis goes after Bayview Loan Servicing that handles loan servicing for Bank of America and other pretend lenders. Bayview has the audacity to state, “There is something terribly wrong with repeatedly tampering with and defacing evidence entrusted to the Clerk of Court in order to do so.” EXACTLY! So why should tampering with evidence be illegal ONLY if you aren’t a large banking institution like Ocwen, Nationwide, Wells Fargo, Citibank, or JPMorganChase?

 
Kalogianis is a well-known Pasco attorney and former Congressional candidate and according to the Tampa Bay Times, said that the bank lacked the original document it needed to foreclose and was trying to “turn the tables” on him rather than lose the case. “It is the plaintiff’s own improper conduct . . . that should be reviewed,” when asked about the accusations.

 
The case against Kalogianis is one of the first in which a lawyer representing borrowers has been accused of altering records. It is interesting that millions of foreclosures have been filed by using fabricated and forged documents with impunity, and that ONE attorney is now being accused of the same crime. Kalogianis can rest assured that an audit of Bayview’s foreclosure filings will likely find hundreds (if not more) fraudulent documents filed by the banks in which they service.

 
Ft. Lauderdale attorney Neil Garfield has often wondered when an attorney or homeowner would resort to the same tactics as the big banks to create further confusion in the court room. Since there isn’t any legitimate paperwork in regards to most foreclosures, homeowners and their counsel could easily fabricate notes and letters to also create prima facie evidence.

 

Garfield  stated that, “If creating the appearance of standing takes no more than a printer and computer program to create the illusion of standing…….why wouldn’t consumers be inclined to resort to the same illegal and unfair tactics that the banks have settled on if they know there will be no enforcement of the crime?”  Garfield reiterates again that the ONLY way to REVEAL the TRUTH of ownership is for the servicer’s business records to be revealed through Discovery demands.  It is much more difficult (but not impossible) to forge or recreate business records (wiring instructions, where funds are forwarded, etc…).

 

In cases defended by Kalogianis, the companies seeking to foreclose said they filed promissory notes with blank endorsements. However, at some point, the motion says, the notes in four of the cases were altered to show they had been endorsed by “Bank of New York, as trustee.”  But there is literally no way to prove who did this without a witness or surveillance.

 

In the fifth case, a blank endorsement was altered to show Wells Fargo had signed it, the motion says. This may be a new tactic by the banks to create such uncertainty in regards to who is doing the fabricating and forging,  that it will be almost impossible to ascertain who is telling the truth. This type of scenario is exactly what Neil Garfield worried would one day manifest- a recording system of transfers so convoluted and full of fraud that no court on earth would be able to clarify what happened “when and to who”.  It appears that the general public (and the criminal element) have began to recognize that a credibility loophole exists- and people may begin forging paperwork to “tell the story they want told” as Garfield predicted.

 
Now that you can’t rely on what the bank says, what the country records say, what the homeowner says, or what the attorneys say- it appears that there may be a problem that cannot be solved without executive or legislative intervention.

 
Loan servicer BAC, lost its case against a client of Kalogianis in 2014 when Kalogianis argued at trial that only the Bank of New York could foreclose because it was the one that had endorsed the promissory note. (The case has since been reopened.)  Since there are no lie detector tests that can be administered, no videos, no confessions, DNA or fingerprint evidence to prove who did what to the mortgage notes, the motion says that “the potential perpetrators . . . become more and more limited as opportunity and motive are examined.” Really? That sounds like a reference to the servicers!  Although possible- most attorneys would be unwilling to risk their law licenses to win a client’s case. The risk/benefit ratios don’t appear to be there in this case.  And lets not look at the real issue here- the largest perpetrator to resort to forgery and fraud? The servicers and foreclosure mills.

 
There is no way that any judge or court clerk can make a ruling on documents that are based on illusion. Although it could be said that lawyers for the foreclosing companies can be ruled out because to endorse notes would sabotage their own cases- this may not be true. What better way to pervert justice (or remove a successful homeowner’s attorney by accusing them of fraud) than to “muddy up” the evidence? Banks have demonstrated that they are capable of all types of fraud including larceny, forgery, burglary, illegal trespass and perjury- why not frame an attorney? Could it be that this tactic may be used against other attorneys who dare to take on the big loan servicers?  Attorneys must be vigilant to document that the documents provided by their client’s appear legitimate.

 

The motion singles out Kalogianis as the perpetrator. “This process of elimination could leaves only defendants’ counsel,” the motion says. It seeks a final judgment of foreclosure and attorneys fees in its case against one of Kalogianis’ clients, Nicholas Verrengia. Verrengia has other clients of Kalogianis have praised their attorney and accuse Bayview of the fraud.

 

This is the end result of law enforcement’s refusal to become involved in the early stages of the foreclosure crisis. It is now public knowledge that the country records are perverted and have no remaining credibility. There will be homeowners and attorneys who are as capable of photo-shopping signatures and creating documents out of thin air as the big banks to create enough confusion that a judge simply cannot rule.

 

It is also only a matter of time before the true criminal element in this country resorts to the same tactics of forging documents to convince vulnerable homeowners that they are their “new loan servicers” and begin collecting payments and stealing homes from unsuspecting homeowners. If stealing a home is no more difficult than learning to cut and paste signatures or use a computer system to create the illusion of ownership- the bank’s own tactics are going to cause them issues they never imagined.   If I was Kalogianis, I would employ a forensic document examiner to look at the last 100 foreclosures filed by Bayview and their clients. This could get ugly.

26 Responses

  1. You all need to post examples/samples of your theories…put up or shut up ….if it’s so easy and you have all done it …then share it.

    Delete your personal info and copy and paste it here so we can all see what you’re talking about.

    Seeing is believing. ….show us the legal document you submitted. Talk is cheap.

  2. You think it is only mortgages? Guess again. My TOTALLY BLIND mother “signed” over my half of a 2 MILLION dollar trust to my brother. That Trust had been drawn up by my grandfather in 1959, and was held by none other than the Bank of New York

  3. As A legal fiction you are brought in as a debtor, and already declared civilly dead.

    I kept telling them ..I AM NOT A DEBTOR.

    I”mm give them a legal fiction right in the Ole Smoocher!

  4. A CLAIM TRUMPS A COMPLAINT

    STATE A CLAiM !!!

  5. The banksters are afraid that a man or woman will take it from a court of equity (no jury trial available) for a legal fiction.
    Move the case to a Common Law Court where you are recognized as a man or woman and not a legal fiction. Here I Am!!!

    In a Common Law Court you have a right to face your accusers with a jury trial.

  6. A ClAIM Trumps a COMPLAINT.
    *State A Claim for Property”

    Lesson…..
    Common Law Courts. (Man vs Man)

    Learn these 5 Definitions …

    1. Property
    2. Trespass
    3. Wrong
    4. Harm
    5. Restoration

    Take A Bite out of Crime!

  7. anonymous,

    I agree with shadowcat. A very prominent attorney in our city told us the banks do not want to get in front of a jury…’you will hear let’s settle.’

    A jury of your peers will not overlook what the banks are doing through unlawful foreclosure.

    Was your note securitized? A forensic examiner can prove forgery due to what David is saying…everything was done so sloppily by $12 per hour eighteen year olds who knew nothing about mortgages.

    Interview at least a couple…that alone will help you decide. We struck gold with the one we found. They can travel to court with extremely advanced technology which can detect forgery, cut and past, computerized scanned copies, paper fibers, etc.
    Try ‘reproducing a note in court from a 2007 DOT’. Not possible.
    That paper is no longer in production.

    The examiners are outraged by the way judges are being hoodwinked.
    They want justice for the homeowner. They do not ‘back judges’ into a corner. They use years of expertise and facts to testify in front of a judge. Their reputation is on the line.

    As I said, start to interview and you will be amazed. They possess a wealth of information. The examination of the note, DOT, allonge, assignment, etc. will stop the bleeding of legal fees fast. That’s the banks intention…run up legal fees until you fold.
    The examiner has no financial interest in your note and judges are swayed by the sworn testimony of a third party.

  8. Bayview is an after fact of BONY and BofA. They don’t record against a property as Trustee or servicer until time for NOD. Paperwork is full of Robosignerz, , false notaries, false statements as to their position in Chain of Title, IF ANY. These facts were supplied by Recorders office.NV.

  9. You have to move the case out of court of equity, where you can not have a trial by jury. Move the case to a court of Law,..Contract Law and Request a Jury Trail where your witness will testify.

    Attack the Contract

  10. BLD… But they (the judges)have already known this …so what are you saying? That the forensic audit backs the judge into a corner?

    Haven’t many homeowners already tried to use this tactic and lost?

    What does the forensic audit force the judge to do?

    Thank you.

  11. Hire a forensic document examiner…a judge will not dispute their testimony. They have very sophisticated technology and will do a thorough examination. They know the banks are committing heinous fraud upon the court.

  12. @Scott,

    fwiw, FDIC has no mortgage info to search….

  13. Reblogged this on sandrakblog and commented:
    bullys

  14. I know nothing.
    Opinions is my property, but I’ll share this one.

    Combine your suit with a Title 42 USC 1983 violation, pop it in Federal court and see if they will show the Treasury the papers that were paid for and lie under penalty of perjury; and what witness will they bring? Because each violation of a 42 USC 1983 violation is proof they are violating!

    Otherwise, they’ll keep shuffling the papers, abusing the legal process and will be paid for again, and again, as they ‘flip this house’.

    Trespass Unwanted, Creator, Corporeal, Life, Free, People, Independent, State, In Jure Proprio, Jure Divino

  15. Lol Holy S%*# Batman! Although I gotta be honest: anyone paying attention COULD & SHOULD have seen this one coming. It’s funny – I’ve had dozens of conversations with my business partner and clients (usually after a hearing or trial) and stated: ‘I wonder what the Court would do if we filed a foreclosure or entered as a party plaintiff against the homeowner?’ Simply put, if we just put our company name on that badboy and showed up at trial with the note and exclaimed: ‘Hey! Look your honor, I’ve got a copy of the note and mortgage! Give me a final judgment.’ For some odd reason, who knows why…. I think the judge would throw my ass in jail and let me think on the issue. However, if your name happens to end in Morgan or Fargo or Servicing – you’re all good.
    NOTHING TO SEE HERE FOLKS! LETS KEEP IT MOVIN’!

  16. Just re-discovered the best MERS article ever written.
    http://www.sourceoftitle.com/blog_node.aspx?uniq=769

    Pay close attention to non-Member status.

    As I understand it, a Trust _cannot_ belong to MERS.
    Once MERS assigns to a Trust, or the Trust becomes the benefactor of the note, it’s over.

  17. No such thing as a Free House, and the term Free Rent is abominable!

    Every Winning Case I’ve seen has ruled….

    Free Use of the House Provided it was Maintained, Insured & you kept the land taxes paid.

  18. No Java, what People need to do is Sue their Pants Off under Contract Law!!! Take it from Chancery/ Court of Equity to a Court of Law and demand a Jury Trial in the Masses!!!!!!

    That alone in an out of court settlement leads to Probate Court.

  19. False Claims Game ….
    False Claims from Application , Origination to Consummation.

    They Misrepresent Everything from Beginning to End.

    I

  20. Some Animals are more Equal than other Animals !!!!

    Everyone, I mean everyone, needs to stop paying their mortgages and revolt. put an end to the ponzi fraud once and for all !!!!!!!

  21. My Conclusion is The Good Lawyer wants Disclosure. .Take the case to Jury Trial … Not Settle outside court with a gag order attached.

    The Bad Guys want to Stop the Good Guys to Prevent Disclosure.

    Smell the Rats?

  22. Look no further. I just had a Notice of Final Judgment in N.J. whereby the plaintiff, Bayview Loan Servicing, LLC filed their proofs to the Office of Foreclosure with a “Ta-Dah” undated, non-certified single page allonge filed with a non- indorsed 2006 Note for the first time ever. It was signed by “Vermyrtis L. Jones” who was 23 yrs. old in 2014 while working for JPMorgan Chase Bank, N.A and signed allonges for JPM after Jan. 2012. Chase Home Finance, LLC, successor by merger with JPMorgan Chase Bank, N.A., filed a complaint in March 2009. CHF merged with JPM in May 2011. JPM assigns the Mortgage and not the Note to Bayview. The judges, courts and the Office of Foreclosure do not have a f*****g clue. ( I know, they know)

  23. Yes!!! The Banksters accused Me of altering and forging Bank Records on Bank Letterhead, was going to have me Prosecuted on Multiple Felonies. That is why I Hired a Lawyer!!!

    You had to be there…two Affidavits by Two Banks disputing each other.

    Poor Granny……
    Good Thing Granny Keeps Good Records!!!!

  24. Bah HaHaHa …..
    The Bottom Feeders are Eating Each Other !

  25. Does anybody around here know how to search FDIC for a loan #/mortgage ???

    The idea here is to verify it’s existence and/or lack thereof?

    Thanks and Make it a Great Day.

    Scott Thompson
    http://www.columbiamortgageplus.com

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