A Double Standard: Only Mega-Bank’s can Fabricate Mortgage Documents without Consequence

see http://www.pe.com/articles/san-808058-defendants-homeowners.html

“The defendants filed bogus petitions and court pleadings and recorded false deeds in county recorders’ offices.”

So here is my issue. That description of what they did sounds really bad. And maybe it IS bad and should be punished. BUT has the judiciary now opened the door to calling this behavior “not so bad?”

The banks are filing bogus pleadings to support foreclosures in which they have no interest except to complete the project of stealing investors money with homeowners being collateral damage. The banks and their servicers are sending bogus notices of substitution of trustee in non judicial states and filing bogus notices of default on behalf of a “beneficiary” or “mortgagee” that is not a creditor, not a holder, not a possessor of any written instrument that is true. The banks and their servicers are creating and recording false instruments attendant to nearly every fraudulent foreclosure. Among the most egregious examples are the void assignment of mortgage and the conjured endorsement on the note.

If an assignment can suddenly create rights rather than merely transfer them, then maybe these defendants being prosecuted created false documents that now have meaning in the fight against the banks. And if that is true then maybe no crime was committed at all — as long as we follow the current legal doctrine of “protect the banks.” Once upon a time in California it was said that homeowners have no standing to challenge standing based upon a void assignment. Yvanova v Countrywide changed all that. Maybe these defendants did not have pure motives and maybe they should be punished; but if they deserve to be brought to justice then so do thousands of bankers, robo-signers, robo-witnesses and fabricators of “original” documentation.

The courts meanwhile have been open to all kinds of excuses for that behavior. Have they now opened the door for scams on the other side — in which homeowners are the direct victims — can be called “irrelevant? Can we say that the government has no standing to prosecute claims against scam artists? Is this a case of unequal protection under the law? Is this case really a scam — or just fighting fire with fire?

Those of us who have been heavily engaged in the defense of homeowners know that the banks are given so much credibility that their fabrication, forgery and robosigning of documents that are created out of thin air and then recorded is then given the benefit of a legal presumption of truth and proof of facts that we all know are in fact nonexistent and therefore making the assertion untrue.  When the documents are untrue and false the Court’s rubber stamp means that false representations and false documents will be considered as true when, without the legal presumption, that can never be proven.

So in defense of fraudulent foreclosures is it possible that a new doctrine has been born: you can create and record fake documents and wait to see if anyone takes them seriously in which case they can be enforced. That is clearly the case with the banks and servicers in millions of foreclosures. And if that is the case then it follows logically that the targets of such fraud should respond in kind.

I’d like to see an explanation from prosecutors for why they don’t prosecute the banks, their “witnesses” and their robosigners for filing false documents and recording them when that is exactly their complaint on the other side of the fence. Could the State be estopped from enforcing such laws when they are giving a free pass to the main culprits?

10 Responses

  1. @ Brian ,

    Does that attorney still still have a job? Is he still a bar member? If he is did you file a bar complaint against him?

  2. Last time I checked forgery was a felony in pretty much every state…but yet….not one person has been held liable for their crimes. It’s all just …pathetic.

  3. ALL HOMEOWNERS under illegal foreclosures may be pleased to write to the Securities and Exchange Commission (SEC) and request the agency to prosecute all of these banks and servicers for creating and servicing false securities. Creating false mortgage backed securities(MBS) may be a federal crime under the securities regulations.

    The investors such as Pension funds, States, municipalities etc., may need to take legal actions against the banks to resolve this loss of annual percentage yield on their invested money..

    Encouraging homeowners for modification by ignoring fraud may not be the permanent solution.

  4. that is the problem, they dont own the notes and no one wants to perjur themsleves, so especially in florida the law states they have to certify the note under penalty of perjury. they have no idea what folks have on them. I have a friend in the same situation whom has a letter from wf that states all chain of title starts and stops with mers????? so how can wf show up and sya they own the note? and they have her original?? when mers has it and we all know mers oens nothing. so who owns it. no ne. what a shell game htisis

  5. the first attorney for Wells Fargo admitted that he forged the notarizations and perjured himself in the documents filed in county records to make the first claim against my property. He was answering a complaint from the DOJ when he made the admissions.
    what does that tell you?

  6. If I didn’t have such a good wrongful foreclosure case I’d like to submit a satisfaction of mortgage written in crayon. It’d be just as valid as the 7 year late AOM filed by OCWEN with all parties on the document being OCWEN employees (and the supposed assignor “Sand Canyon” disavowing knowledge of the assignment)…

  7. help!!!!

  8. Yes that is what is happening all over florida. we need a solution please

  9. Apparently, mega banks and servicers can file false, fraudulent, robosigned, forged documents and get away with it even though it is fraud on the court. BTW, from what I am reading the pension funds for the judges, state employees, clerks of court have dropped below 50% of the value. Maybe we should be hoping they drop down to close to zero.

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