We all know that the banks committed wholesale fraud on the government, on investors, on the the court system and on borrowers. They fabricated documents, forged them, altered them, and even paid off employees of Government agencies to do things that in normal circumstances would never be tolerated.
The question is why did the banks go so far off the rails doing what they have done for millennia — making loans and documenting them? The answer is that they lied about the origination and the alleged “transfers” of servicing rights, of trustee rights, and of course the rights of their self proclaimed entities to own or enforce the “closing documents.”
The answer is that they didn’t just fabricate the paper; they also fabricated the illusion of transactions that never took place in the real world. In the real world the history of transactions was much different than what is set forth in the PR releases, government filings and pleadings in court. Every lie became another opportunity for those “support” companies that fabricated notes, mortgages, assignments, signatures, payment schedules etc.
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Here is Bill Paatalo’s follow up article on the Visionet system for fabricating signatures and entire documents.
Remember Harvey Keitel’s “fixer” character in Pulp Fiction? “I’m Winston Wolf. I solve problems.” He is a no-nonsense, hard character who treats his subjects with no emotion, lives for work, and prescribes a solution to an issue that most would see as self-evident.
In my recent article involving the document reproduction mill “Visionet Systems, Inc.” (See: http://bpinvestigativeagency.com/automated-affidavit-verifications-and-lost-note-reproductions-for-bank-vendors-its-standard-business-practice/), I investigate an assignment produced by Visionet in which MERS, as nominee for defunct Greenpoint, purports to transfer the mortgage directly to the “New Residential Mortgage Loan Trust 2015-1.”
During my investigation, I located Moody’s rating for this trust from June 2015 which announced, “New Residential Mortgage Loan Trust 2015-1 (NRMLT 2015-1) is a securitization of seasoned performing residential mortgage loans which the seller, NRZ Sponsor V LLC, will purchase on the closing date, in connection with the termination of various securitization trusts.” (See: https://www.moodys.com/research/Moodys-assigns-provisional-ratings-to-New-Residential-Mortgage-Loan-Trust–PR_327931).
So, here we have an admission (I’ll start by calling it “admission number one”) that loans going into this trust were previously securitized in “various securitization trusts” even though there is no documentation of any previous securitization transactions per the Visionet assignment, the Note, nor the county records for this particular property.
Here are some additional admissions within Moody’s announcement:
“Third-party Review and Reps & Warranties
American Mortgage Consultants (AMC), conducted a compliance and data integrity review on a random sample of 367 loans from the pool. The regulatory compliance review consisted of a review of compliance with Section 32/HOEPA, Federal Truth in Lending Act/Regulation Z (TILA), the Real Estate Settlement Protection Act/Regulation X (TILA), and federal, state and local anti-predatory regulations. AMC ordered HDI values on all loans in the securitization in addition to an updated broker price opinions (BPOs) on 336 properties, from Clear Capital.
Upon the review of 367 loans, AMC found that 202 loans have exceptions. The majority of these exceptions were due to missing HUD and/or TIL documents, under disclosed finance charge, or missing right to cancel disclosures. 19 loans had missing original loan files. For the loans where the HUD documents, TIL documents and/or the original loan files are missing, AMC was unable to complete the testing. Although the TPR report indicated that the statute of limitations for many of these issues already passed, borrowers can still raise these legal claims in defense against foreclosure as a set off or recoupment and win damages that can reduce the amount of the foreclosure proceeds. In addition, some of these missing documents could prevent or materially delay activities such as foreclosure, loss mitigation and processing title claim under the related title insurance policy.
The seller, NRZ Sponsor V LLC, is providing a representation and warranty for mortgage files. In this R&W, and to the extent that the indenture trustee, the master servicer, the servicer, the depositor or the custodian has actual knowledge of a defective or missing mortgage loan document or a breach of a representation or warranty regarding the completeness of the mortgage file or the accuracy of the Mortgage Loan documents, and such missing document, defect or breach is preventing or materially delaying the (a) realization against the related mortgaged property through foreclosure or similar loss mitigation activity or (b) processing of any title claim under the related title insurance policy, the party with such actual knowledge will give written notice of such breach, defect or missing document, as applicable, to the seller, the indenture trustee, the depositor, the master servicer, the servicer and the custodian. Upon notification of a missing or defective mortgage loan file, the seller will have 120 days from the date it receives such notification to deliver such missing document or otherwise cure such defect or breach. If it is unable to do so, it will be obligated to replace or repurchase the mortgage loan. In our analysis we assumed that 10% of the projected default will have missing documents’ breaches that will not be remedied and result in higher than expected loss severity.”
Admission number two reveals that a compliance review exposed that nearly 55% of the loans being re-securitized had regulatory and compliance issues, including missing loan files. Moody’s seems to downplay these issues due to its belief that the statute of limitations for all this chicanery has likely run its course. But then we have admission number three – “10% of the projected default will have missing documents’ breaches that will not be remedied and result in higher than expected loss severity.”
“Will not be remedied?” Time to call in the “fixer.”
So, I looked to see who is behind “NRZ Sponsor V, LLC;” the entity providing the representations and warranties for the files. Lo and behold, it’s none other than “New Residential Investment Corp.” and its CEO/President – Michael Neirenberg. (See 10-Q: https://www.sec.gov/Archives/edgar/data/1556593/000155659315000011/nrz-2015630x10xq.htm#s262E0972E7E05C46ADEB9296D5C183F9).
From this Deadly Clear article,
“Four of the executives, Thomas Marano, Jeffrey Verschleiser, Michael Nierenberg and Jeffrey Mayer, have been accused of making false statements in disclosures to federal regulators in a lawsuit brought by the Federal Housing Finance Agency, which oversees government-owned mortgage giants Fannie Mae and Freddie Mac. They are among dozens of people and companies named in the lawsuit. [Click here for Complaint]
All four denied all the allegations in a 179-page response to the lawsuit.
The four “deny that the offering documents referenced contained material misstatements of fact or omissions of material facts,” according to the answer jointly filed by the Bear Stearns companies and the individual defendants from Bear.”
This is the guy who is going to vouch for the loan files? Yes, because his disclosures in the 10-Q state he is required to make these reps and warranties to appease his financing facilities, even though ultimately, the reps and warranties could be deemed inaccurate.
Per the 10-Q:
“Our borrowings collateralized by loans require that we make certain representations and warranties that, if determined to be inaccurate, could require us to repurchase loans or cover losses.
Our financing facilities require us to make certain representations and warranties regarding the loans that collateralize the borrowings. Although we perform due diligence on the loans that we acquire, certain representations and warranties that we make in respect of such loans may ultimately be determined to be inaccurate. In the event of a breach of a representation or warranty, we may be required to repurchase affected loans, make indemnification payments to certain indemnified parties or address any claims associated with such breach. Further, we may have limited or no recourse against the seller from whom we purchased the loans. Such recourse may be limited due to a variety of factors, including the absence of a representation or warranty from the seller corresponding to the representation provided by us or the contractual expiration thereof.”
Does anyone really believe that NRZ would repurchase these “hot potatoes” or cover losses on them? Time to call in the “fixer.”
So, here we have admission number five. NRZ will be making representations and warranties regarding loans it purchased from Sellers, who may not have had any documentation of the loans it was selling to NRZ.
This sounds like a “Fencing Operation.”
“A fence or receiver is an individual who knowingly buys stolen property for later resale, sometimes in a legitimate market. The fence thus acts as a middleman between thieves and the eventual buyers of stolen goods who may not be aware that the goods are stolen.”
So, where did NRZ buy this assigned loan, as well as all the others? Again, per the 10-Q:
“Representations and warranties made by us in our loan sale agreements may subject us to liability.
In March 2015, HLSS sold reperforming loans to an unrelated third party and transferred mortgages into a trust in exchange for cash. [THIRD-PARTY WHO? WHAT TRUST?] We may be liable to purchasers under the related sale agreement for any breaches of representations and warranties made by HLSS at the time the applicable loans are sold. Such representations and warranties may include, but are not limited to, issues such as the validity of the lien; the absence of delinquent taxes or other liens; the loans compliance with all local, state and federal laws and the delivery of all documents required to perfect title to the lien. If the purchaser is successful in asserting their claim for recourse, it could adversely affect the availability of financing under loan financing facilities or otherwise adversely impact our results of operations and liquidity. From time to time we sell residential mortgage loans pursuant to loan sale agreements. The risks describe in this paragraph relate to any such sale as well.”
Ah yes, HLSS and Bill Erbey. Need I say more?
“HLSS struck the deal under severe pressure from regulators, lenders, investors, and ratings agencies. A Dec. 19 settlement between Ocwen and the New York Department of Financial Services (NYDFS) had upset a delicate ecosystem of five interrelated companies including Ocwen, HLSS, Altisource Portfolio Solutions (ASPS), Altisource Residential (RESI) and Altisource Asset Management (AAMC) Bill Erbey, Chairman and de facto leader of all five companies, was forced to resign from those positions. The California Department of Business Oversight was threatening to suspend Ocwen’s license in that state. That put pressure on HLSS because its business and Ocwen’s were so closely interrelated.”
This is a cesspool. When it comes to chain of title, it all sounds like a line from SpongeBob Squarepants:
“I knew this guy, who knew this guy, who knew this guy, who knew this guy, who knew this guy, who knew this guy, who knew this guy, who knew this guy, who knew this guy’s COUSIN….”
One thing is crystal clear from all of this. The chain of title is so corrupted and fatally defective for these loans that it would be virtually impossible to legally prove ownership in a foreclosure action without first calling in a “fixer” such as Visionet Systems, Inc. to create the illusionary paper trail.
It is also crystal clear that at least 1 out of every 10 foreclosures being brought by the servicer for “New Residential Mortgage Loan Trust 2015-1” will contain counterfeit documents, to which there will be a servicer witness raising his/her right hand, and swearing that this trust owns the loan and holds the “Original Note.”
Bill Paatalo – Private Investigator – OR PSID#49411
Filed under: foreclosure | Tagged: American Mortgage Consultants, Fannie MAe, Federal Housing Finance Agency, Federal Truth in Lending Act/Regulation Z (TILA), Freddie Mac, HOEPA, Jeffrey Mayer, Jeffrey Verschleiser, Michael Nierenberg, Moody's, New Residential Investment Corp., NRMLT 2015-1, NRZ Sponsor V, Thomas Marano, Visionet Systems |