“reapplying the “signature images” upon stored copies.”
I have obtained confirmation from a large bank vendor (Visionet Systems, Inc.) that it rectifies “lost notes” by reapplying the “signature images” upon stored copies. —- Bill Paatalo, December 10, 2016
Kudos to Bill Paatalo who has quantified and identified what I have been talking about for years — the production of “original” notes that were previously destroyed. The sarcasm from the bench has dripped ridicule on anyone even suggesting that the “blue ink” signature is merely a reproduction on a fabricated document. The revelations in this article might be a step toward changing that attitude. — Neil Garfield
Get a consult! 202-838-6345
This is something that everyone ought to read because it not only reveals the details of how consumers are being screwed by illegal actions taken by the banks, but also shows how we have now institutionalized illegal behavior.
Perhaps most important is the take-away question from this revelation: Why is the fabrication and forging and robosigning documents necessary if these were all bona fide loans? Answer: They were not bona fide loans and the loan documents were fabrications that the borrower was fraudulently induced to sign.
The money given to “borrowers” was not a loan, but it was a liability. The liability arose because the homeowner received the benefit of the money advanced somewhere near the time of the fictitious closing. But because of the larger scheme of stealing money from pension funds et al, the use of their money at the so-called closing was hidden from BOTH the investors and the “borrowers.” No loan contract was ever formed. Hence the need for repeated fabrications to cover up the illegal behavior and to create the illusion of literally “the greater weight of the evidence.”
In virtually every foreclosure case the money trail (i.e., reality) does not in any way dovetail or reconcile with the false paper trail created by the world’s largest banks.
Excerpts from Bill’s Article:
I have obtained confirmation from a large bank vendor (Visionet Systems, Inc.) that it rectifies “lost notes” by reapplying the “signature images” upon stored copies.
Astonishingly enough, this is not the only business practice that appears to violate the $25B National Consent Judgment. Visionet advertises that it prepares “OCR Legal Packages” which involves the use of a sophisticated computer software program to create and verify foreclosure affidavits. Apparently, humans are too slow, as Visionet points out, “Servicers routinely lag behind on completing the legal package reviews in a timely manne[r.”]
[For reference, here is a copy of the “Consent Judgement” (CJ) signed on April 11, 2012 (consent_judgment_boa-4-11-12)]
This investigation begins with yet another “surrogate signed” mortgage assignment “Prepared By: Visionet Systems, Inc.,” executed and recorded December 2015 in Collier County Florida (see: collier-county-florida-assignment). The assignment is executed by “Stacy Pierce – Vice President – MERS as nominee for Greenpoint Mortgage Funding, Inc.” Of course, this mortgagee went out of business on August 20, 2007.
I looked up “Stacy Pierce” and found her LinkedIn resume which shows “VP of Operations” for Visionet Systems, Inc. (see: https://www.linkedin.com/in/stacy-pierce-53047162)
I visited Visionet’s website (https://www.visionetsystems.com/about) and found this marketing brochure describing a product called “Visirelease.” (see: visirelease-marketing-brochure) I was curious as to the following language located on page 2:
“A database driven Business Engine enables the users to define complex business conditions. These business conditions are associated with the relevant tasks to ensure verification at completion of each task. A powerful and flexible print engine is implemented for printing of release, assignments and lost notes, with or without signature images.”
The persons signing the eventual automated affidavits are simply relying on the auto-produced document, and do little if any human verification. The prime example is the above assignment on behalf of defunct Greenpoint! Still, if the witness was doing the actual verification, then why the need for OARS? In all the cases I have been involved, having read and heard countless servicer witnesses’ testimony, I have yet to hear any of these bank witnesses divulge that the affidavits relied upon in the proceedings were prepared and “verified” by a third-party automated computer program. How’s that for hearsay?
Here is the laundry list of potential violations to the Consent Judgment. Nowhere do I see room for “automated affidavit verification solutions” by undisclosed third-party vendors such as Visionet Systems, Inc.
[(CJ – A1-A3):
2. Servicer shall ensure that affidavits, sworn statements, and Declarations are based on personal knowledge, which may be based on the affiant’s review of Servicer’s books and records, in accordance with the evidentiary requirements of applicable state or federal law.
3. Servicer shall ensure that affidavits, sworn statements and Declarations executed by Servicer’s affiants are based on the affiant’s review and personal knowledge of the accuracy and completeness of the assertions in the affidavit, sworn statement or Declaration, set out facts that Servicer reasonably believes would be admissible in evidence, and show that the affiant is competent to testify on the matters stated. Affiants shall confirm that they have reviewed competent and reliable evidence to substantiate the borrower’s default and the right to foreclose, including the borrower’s loan status and required loan ownership information. If an affiant relies on a review of business records for the basis of its affidavit, the referenced business record shall be attached if required by applicable state or federal law or court rule. This provision does not apply to affidavits, sworn statements and Declarations signed by counsel based solely on counsel’s personal knowledge (such as affidavits of counsel relating to service of process, extensions of time, or fee petitions) that are not based on a review of Servicer’s books and records. Separate affidavits, sworn statements or Declarations shall be used when one affiant does not have requisite personal knowledge of all required information.
5. Servicer shall review and approve standardized forms of affidavits, standardized forms of sworn statements, and standardized forms of Declarations prepared by or signed by an employee or officer of Servicer, or executed by a third party using a power of attorney on behalf of Servicer, to ensure compliance with applicable law, rules, court procedure, and the terms of this Agreement (“the Agreement”).
6. Affidavits, sworn statements and Declarations shall accurately identify the name of the affiant, the entity of which the affiant is an employee, and the affiant’s title.
7. Servicer shall assess and ensure that it has an adequate number of employees and that employees have reasonable time to prepare, verify, and execute pleadings, POCs, motions for relief from stay (“MRS”), affidavits, sworn statements and Declarations.
10. Servicer shall not pay volume-based or other incentives to employees or third-party providers or trustees that encourage undue haste or lack of due diligence over quality.
11. Affiants shall be individuals, not entities, and affidavits, sworn statements and Declarations shall be signed by hand signature of the affiant (except for permitted electronic filings). For such documents, except for permitted electronic filings, signature stamps and any other means of electronic or mechanical signature are prohibited.