Thursday, June 24, 2010

Discrepancies in Recorded Assignments

I cannot emphasis enough the importance of obtaining copies of your registered paperwork from the deeds office at your local court house. You need to get copies of the paperwork that is the foundation of your loan/mortgage. If your loans are anything like mine, Saxon is the one consistent factor in your loan. You may have had them for some time or they may have acquired you one day. Either way, please read carefully.  SAXON MORTGAGE is NOT your investor.  They are nothing more than the servicer - or debt collector.  They process the payments and do the secretarial duties associated with your loan.

You want to get copies of all registered documents associated with your loan;  the deed or note, the mortgage, and any assignments of mortgage. These may be available through an online portal for your recorders office. Once you have those copies... study them.  Check the dates and outline those discrepancies.
  • Home purchased 09/26/05
  • Original Mortgage recorded on 12/07/05 to Mortgagee: Home 123 (a division of New Century Mortgage, which filed Chapter 11 bankruptcy on April 2, 2007.)
    • How could they assign my mortgage to Deutsche Bank  on 9/28/2007 if they filed bankruptcy in April?
  • Assignment of Mortgage #1: recorded on 10/10/07 (contains exhibit A dated 9/28/2007)
  • From Home 123 to Deutsche Bank Trust Company Americas, as trustee and custodian for HSBC Bank USA, NA ACE 2006-NC1 
    • (2006 shows the year of the trust. The cut off date for the said trust was January 1, 2006)
    • How is this assignment being recorded as part of the 2006 trust a full 9 months after the cut off date?
  • This Assignment of Mortgage also contains a date error:
    • States recorded in our local recorder of deeds office on 10/03/2005.  As stated above, original mortgage wasn't recorded until 12/07/05.
  • Assignment of Mortgage #2: recorded on 3/11/2009 (notarized on 3/5/2009)
    • Vista Land Transfer and Urden Law offices both have the same address.
  • This assignment of mortgage transfers the mortgage from Deutsche Bank Trust company to HSBC Bank USA, National Association, as trustee for ACE Securities Corp. Home Equity Loan Trust, series 2006-NC1.
    • Isn't this the same trust it was originally in? It never moved. But the question does remain as to whether the original inclusion in that trust was legal given it wasn't noted to be a part of that trust until a full 9 months after it was closed. The only thing that this assignment did was to remove Deutsche Bank as the trustee and custodian. HSBC Bank USA was always an interested party because they are the trustee for the said trust.
  • My actual foreclosure papers that were delivered to my door, name Deutsche bank as the suing party. This document was dated 3/3/2009.  So, If I understand this correctly, 1) 6 days after they served me with foreclosure papers, they assigned my mortgage to HSBC Bank USA and thus were no longer the "party of interest" 2) they attempted to sue me for my home BEFORE they were the party of interest.
  • Rick Wilkin and Bethany Hood, both stated they were Assistant VP's of Saxon Mortgage company -they, in fact work for LPS Default Solutions, Inc. 
  • Deborah Maddox, the individual who prepared the #2 assignment is an employee of Urden Law offices.
  • Elsa McKinnon is an employee of Nationwide Title Clearing and not the Vice President of Home 123, as stated in the first mortgage assignment.
As you can see from my little summary... You need to really look at things carefully. Double check the dates and if you don't understand what you're looking at, then find someone who can explain it to you. My "legal" papers are full of nothing but LIES and  MISREPRESENTATIONS.

(Thanks Mike Dillon from If I'm missing something or someone can shed additional light on this twisted bunch of slithering snakes, then by all means drop me a line.

Sunday, June 20, 2010

Recruiting: Freedom Fighters

Every morning, I make my daily rounds to my normal places, Saxonwatch,, pissed  And every morning I read the frustration, anger and despair coming from the American people. The echo is slowly becoming a low rumble. "They can't do this. How can they do this to people?"  More and more people are being sucked into the black hole of foreclosure and bankruptcy.  In 'saving' the too big to fail banks, our government has made them appear invincible and they are beginning to believe that.  They continue to fabricate documents and situations that are illegal and corrupt.  The more times they get away with it, the more invincible they think they are.  It's time for a.... a HERO.

Recruiting: Freedom Fighters
We need men and women, who are trained to fight and defend the monstrosities of companies that believe they are invincible.  Mortgage Auditors, Legal council and judges that aren't willing to turn a blind's eye to the plight of the American people.  Theft by deception and illegal actions are running rampant throughout this country and we need your help.  Can you hear the cries of the people?  Where are our heros?  Where are our Freedom Fighters - willing to stand up for the American people and fight to defend what's right?  What good are our great laws if they aren't being enforced by the very people employed to defend them? We need judges that are willing to 'pay attention' to the cases before them and defend the laws that have been set in place to protect against illegal actions. 

You want to earn the respect of the AMERICAN people .... then start BEING AMERICAN! Not republican, or democrat... But American. It's up to you to defend our great country, it's laws and the people.  Can you hear them cheer your praises?  Justice Arthur M. Schack has stepped up to defend the laws. Senator Al Franken has heard the cries of the American People.  We need an 'American Dream Team'. A team that is willing to defend what's right regardless of the criticism and backlash that may come. You took an oath to defend the laws of this great land.  It's time to start doing it.

Wednesday, June 16, 2010

So, what is it? Fraud or Practice

Saxon Mortgage essentially is a 'front company' for the deceptive business practices that take place behind the scenes.  They are nothing more than a collection agency for the 'investors' that have continued to play their dirty game of mortgage poker in some smoke filled back room. However, over time, people see through the lies and misrepresentations. They become angered and frustrated with the deceptive and unknowing attitude from the employees at the 'shiny front company'.  Saxon is by no means an innocent party to this crisis.  In the world of crime, they have gone from being the 'lookout' to conspiring with the 'crooks' to encourage more business;  and the kickbacks are worth it.

For our country to believe that the financial industry is free of immoral and corrupt actions on the part of the banks and mortgage companies is preposterous.  Just check out words like Corporate Fraud/Securities Fraud, Money Laundering, embezzlement and racketeering.  These are not words associated with the everyday homeowner.

Let's compare some things. What is the difference between Mortgage Fraud and Predatory Lending Practices?  Mortgage Fraud is FRAUD against banks and Predatory Lending Practices are PRACTICES against borrowers.

Mortgage FRAUD- "You do it and you'll be prosecuted to the fullest extent of the law, period." Mortgage fraud, in the eyes of the FBI, is "relating to fraud, theft, or embezzlement occurring within or against the national and international financial community" for either money or property. This is usually perpetrated by industry insiders such as brokers, mortgage originators, shell companies, title agents/companies, insurance companies and even borrowers.  There's an entire division of the FBI set aside to 'identify, target, disrupt, and dismantle criminal organizations and individuals who engage in fraud schemes'.  When mortgage fraud takes place it is done with the intentions of STEALING money or property from the financial industry. Pretty straight forward. It appears that when the bank has to take the brunt of this loss, it is recognized as an actual crime.

The FBI focuses its financial crimes investigations on such criminal activities as corporate fraud, health care fraud, mortgage fraud, identity theft, insurance fraud, and money laundering. These are the identified priority crime problem areas of the Financial Crimes Section (FCS) of the FBI. 

Then you have Predatory Lending Practices.  The names alone imply that one is not as bad as the other. They're only practicing... they aren't deliberately DEFRAUDING the borrowers. "Just practicing".  Bull, they are deliberately engaging in an act that will eventually cost the borrower something. Hence, they're STEALING from the borrower.

Predatory mortgage servicing is when servicing companies engage in activities that eventually force fees upon the borrower; such as forced insurance, delayed processing of on-time payments, and forced foreclosure due to inaccurate record keeping on their part. This does not account for all foreclosures but it is found in many of the situations that lead to foreclosure.

Does the FBI 'investigate fraud, theft, or embezzlement occurring against the borrower''?  Well, the site documents are sort of misleading. As stated previously mortgage fraud is against the banking industry yet they provide tips to 'protect you from becoming a victim of mortgage fraud'.  The tips are written in a way that suggests they are giving advice to the borrower; like "Know and understand the terms of your mortgage".

So, with that being said, what is it when a borrower is defrauded and deceived by the servicing company and/or the mortgage company, investor, lawyer, etc.? Should the borrower file a complaint with the FBI since they have a whole division strictly geared toward financial crimes or are the borrowers not included in that group?  If the servicer is committing fraud, would  the FBI determine it to be against the borrower or the bank?  Wouldn't a deceitful servicing company be considered a perpetrator or conspirator of a crime intended to defraud the American public for it's own gain and, in some cases, for the investor?

I think they're done practicing.

Tuesday, June 1, 2010

HAMP Numbers are Unacceptable.

Based on the resent April 2010 performance report:

Eligible Delinquent loans: 3,275,249 | Trials Extended: 1,487,594 | Modified: 299,092  | Canceled: 277,640

Of the overall eligible delinquent loans, only 9% have successfully been modified and 8% were canceled. I could go into all the other stuff like how many were extended a trial period and how many were generated in March but for what. The bottom line is the number of eligible people you could be helping vs. the number you have helped.  

Those are some disappointing numbers when it comes to a program that was supposed to help 3-4 million people.  More like only a few hundred thousand.

Yea, Mr. President ... you missed your mark by an awful lot.  I'm pretty sure that will be a good 277,640 votes against your re-election.  Maybe even a few million that will consider your running mate as a better choice.