Howeowner purchases Billboard to accuse SunTrust Mortgage of Fraud

WILMINGTON, NC (WECT) – A Wilmington resident and businessman has taken out a billboard on Eastwood Road accusing SunTrust Mortgage of dishonest business practices.

The billboard has a picture of a home on it, and says “bogus loans” and “#SunTrustScandal,” directing people to a website which details allegations against the mortgage company.

Scott Griffin had three loans with SunTrust Mortgage when the real estate market crashed in 2007. At that point, SunTrust non-renewed the loan on one of his properties, and attempted to foreclose. Griffin began digging into the particulars of his mortgage, and says he later realized SunTrust had never held clear title or the note to his loan. It appears SunTrust sold it to a third party.

According to Griffin’s understanding of the law, that meant SunTrust has no legal standing to foreclose on the property. He says it also has no legal standing to collect payment on the property, so he stopped paying. SunTrust has attempted to take Griffin to court several times since then to take back the property. Those attempts have been unsuccessful, and Griffin still owns it.

“Mr. Griffin’s current relationship with SunTrust is involved in ongoing foreclosure litigation currently before a judge in New Hanover County court,” SunTrust Spokesman Mike McCoy told WECT in a written statement. “We believe that is the appropriate forum for concerns, and will refrain from publicly discussing client matter or ongoing litigation.”

During his research, Griffin also discovered that SunTrust had its certificate of authorization to do business in NC suspended on July 21, 2011, by the Secretary of State. During the time that certificate was suspended and reinstated, SunTrust Mortgage authorized dozens of new mortgages in New Hanover County alone, which appears to be a direct violation of the Secretary of State’s orders.

Further, Griffin alleges that SunTrust “slip sheeted” paperwork on file with the New Hanover County Clerk of Courts and others. He found six examples in New Hanover County alone of the same expired document being used to open or authorize dozens of official proceedings between the bank and customers here.

Slip sheeting means using a Post-it note or something similar to cover up the information on a document that shows it is expired or not relevant to the business transaction at hand. Griffin says the documents included in the Clerk of Court’s file involving the SunTrust transactions were photocopied to make it less obvious the documents are fraudulent. Without access to the original document that was slip sheeted, you can’t see everything that’s written.

This is not the first time SunTrust has been accused of criminal wrongdoing involving customers and their mortgages. In 2014, SunTrust Mortgage agreed to pay a $320 million settlement to the US Government following a criminal investigation of SunTrust’s administration of the Home Affordable Modification Program.

“SunTrust misled numerous mortgage servicing customers who sought mortgage relief through HAMP,” the US Department of Justice said in a news release about that settlement. “Specifically, SunTrust made material misrepresentations and omissions to borrowers in HAMP solicitations, and failed to process HAMP applications in a timely fashion. As a result of SunTrust’s mismanagement of HAMP, thousands of homeowners who applied for a HAMP modification with SunTrust suffered serious financial harms.”

Copyright 2018 WECT. All rights reserved.

8 Responses

  1. @Poppy: Most of the attorneys have been coerced or co-opted into silence. I can’t count the number of deadend requests I have pursued with attorneys over the past several years, including the likes of Gardner. Sometimes if you manage to get one to represent you it turns into a most regrettable experience.

    You might have to wage a considerable portion, if not all, of your battle yourself (Pro se). That is a stark reality that most of us have come to know. It ain’t all bad though. Who is going to fight harder than you for yours?

    Keep fighting!!!

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  2. Update: emailed Weidner and Gardener…requested a “paid” consult with my attorney, no response to date. How difficult is it to make a short call, one attorney to another, giving him the nuances of this defense? Never asked either one of them to do it for free. And Gardner is here in North Carolina. Discouraged for sure…so close and a win is a feather in their cap, particularly in this state. There are not many of them. So, it appears folks, even the gurus watch the action from afar, with all the advice given, no one steps up! Just thought it was worth mentioning. Like the rest here and across the country, money matters. I have little, for sure, but all of the research has been done, which is the most difficult and time consuming.

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  3. Poppy
    get an affidavit from the trustee of New Century Bankruptcy Liquidation as to the status of your original New Century Loan Number to see if it was still within their control at the time of bankruptcy or had previously truly been sold or transferred by some other legal means to any other party.
    ‘boots

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  4. I wanted to do what he did, years ago and was encouraged to leave it alone. I am going to check the stats and use my name and do similar. This is like neighbors who know bad things about someone and stay silent. When people do that, because of shame or fear the “victims” multiply, exponentially. I am so tired of hearing about “deadbeat” homeowners….it is all a lie! Done hiding. Spent plenty of time in courts and watched the majority of folks, with loans as low as $8,500 for a heating system with a paid off house, lose them. The majority of victims I’ve seen are over 50, fixed incomes and are truly decent people, being stolen from by thugs, with zero conscience after making Billions off this scam! Financial Treason is what this is.

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  5. ever see those billboards for the lottery – which update jackpots continuously in real time? I’d love to see one which shows the number of families being put of the street by fraudulent foreclosures… (add some photos of homeless children to make the point.)

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  6. Have instructed my attorney to do this:

    He has been ignoring me…any comments here would be welcomed…

    Enjoin under Under N.C. Gen.Stat. § 45–21.16, Statutory DeNovo Hearing
    Deny, Deny, Deny….

    1. Default
    2. Holder status-Person Entitled to Enforce
    3. Endorsements and assignments
    4. Consideration (someone paid this in 2009)

    The default: the servicer is required per their contract, to pay defaults: See Here there is no default, under the Prospectus, PSA…
    The servicer will make cash advances to cover delinquent payments of principle and interest to the extent it reasonable believes that the cash advances are recoverable from the future payments on the mortgage loans serviced by it. Subject to a determination of recoverability, to the extent provided by the Pooling and Service agreement, the Master Servicer, solely in its capacity as successor servicer, will be obligated to make any required delinquency advances that the servicer is required to make under its servicing agreement, if the servicer fails to do so. Advances are intended to maintain a regular flow of regular interest and principle payments on the certificates and not intended to guarantee or insure against losses. See “The Pooling and Service Agreement–Advances”, prospectus supplement.

    My defense, Ocwen is entitled in a separate action to sue me for their loss, if they paid the $115, 828.16, under their contractual agreement PSA, not under the trust, but personally. The Prospectus makes no provisions for the servicer to foreclose for their losses, by paying for mortagee defaults.

    Holder – Party/person entitled to enforce: Assignments, are rubbish. Cannot assign anything 5 years after trust is closed, and New century was in bankruptcy….void! And they are all signed by Ocwen.

    Endorsements: The endorsements do not conform to their contract. Prospectus/PSA makes it clear how these activities are to be accomplished under their contract. I am not a party, true, but I am the party who is being brought to court under these contracts and they are requesting relief, when they have not followed their own contractual agreement and obligations, but are using these same agreements to look for compensation.

    Consideration: Ledger shows a payment from someone of IVT Investor Pool Transfer on June 18, 2009 of $115,828.16, after the adjudication/completed sale of 322 Lafayette St. 09SP06, of June 16, 2009. The sale was rescinded; however, the action was completed and they were paid. Filed no subsequent actions from that date or that default for 9 years. And they did not provide a receipt for the loss/payment in our discovery request. Should be simple…it’s done every day when selling a motor vehicle.

    Note: in requesting discovery they blanketed every question with “attorney-client privilege and proprietary information”, OH NO, a payment receipt is not proprietary, it is essential. And last: a communication of April 30, 2012 states: a foreclosure was completed AND the property reverted to Ocwen’s REO department, a modification was offered and accepted, under duress, signed July 29, 2009, and signed in 2012, 3 days after another DOT transfer and 5 years after the trust closed.

    Try this on folks: IN 2008 a motion was filed and signed by the Bankruptcy Court for New Century, rescinding “all” executory contracts with MERS, and was so ordered, by Judge Carey, going retroactive to late 2006…so, how can MERS be assigning a DOT, as the beneficiary of the DOT by New Century in 2012 to US Bank?

    This attorney says: we have no chance and I think he is lying…

    Comments, information requested, ASAP, hearing March 19, 2018 Superior Court, North Carolina

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  7. If I remember correctly isn’t SunTrust hanging onto (financial) life by their fingernails?? I know their standard mortgage notes all disavow SunTrusts ownership and name MERS as the owner (when of course they own nothing).

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  8. Great for him, I’ll have to find him, as I am in the Wilmington area too.

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