Does Filing Fraudulent Affidavits Constitute a Mail Fraud? *

TXWilly

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Mar 21, 2013
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Does Filing Fraudulent Affidavits Constitute a Mail Fraud?

U.S. Code › Title 18 › Part I › Chapter 63 › § 1341 18 U.S. Code § 1341 - Frauds and swindles
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For example if any bank/lender/servicer/notary/attorney knowingly filing an affidavit which is obtained fraudulently and filing that with a court constitute a mail fraud? Bcz subsequent mailings/letters sent to the borrower are based on the 'fraudulent affidavits'.

So does this constitute as mail fraud?

As per the following link, it does look like a serious offense.

18 U.S. Code § 1341 - Frauds and swindles | LII / Legal Information Institute

[h=1]18 U.S. Code § 1341 - Frauds and swindles[/h] <fieldset>Current through Pub. L. 113-75, except 113-66. (See Public Laws for the current Congress.)

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Whoever, having devised or intending to devise any scheme or artifice to defraud, or for obtaining money or property by means of false or fraudulent pretenses, representations, or promises, or to sell, dispose of, loan, exchange, alter, give away, distribute, supply, or furnish or procure for unlawful use any counterfeit or spurious coin, obligation, security, or other article, or anything represented to be or intimated or held out to be such counterfeit or spurious article, for the purpose of executing such scheme or artifice or attempting so to do, places in any post office or authorized depository for mail matter, any matter or thing whatever to be sent or delivered by the Postal Service, or deposits or causes to be deposited any matter or thing whatever to be sent or delivered by any private or commercial interstate carrier, or takes or receives therefrom, any such matter or thing, or knowingly causes to be delivered by mail or such carrier according to the direction thereon, or at the place at which it is directed to be delivered by the person to whom it is addressed, any such matter or thing, shall be fined under this title or imprisoned not more than 20 years, or both. If the violation occurs in relation to, or involving any benefit authorized, transported, transmitted, transferred, disbursed, or paid in connection with, a presidentially declared major disaster or emergency (as those terms are defined in section 102 of the Robert T. Stafford Disaster Relief and Emergency Assistance Act (42 U.S.C. 5122)), or affects a financial institution, such person shall be fined not more than $1,000,000 or imprisoned not more than 30 years, or both.






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moretrouble

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Nov 14, 2009
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Mail fraud and wire fraud, YES. But who is going to press charge? Mr. Eric Holder and The AGs??? They work for the Banks or hopefully when they quit their current jobs.
 
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TXWilly

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Mar 21, 2013
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I know they donot do on their own for the larger interest of protecting the 'too big to fail' or 'too big of a criminals to take action'; Can a borrower who has the evidence force them to press charges? For example there is an affidavit filed by the bank at a court for appointment of trustee sale. The person who signed as Vice President of the Bank 'DOESNOT' exist. 'Let us Say 'Mr.Cotton Eye Joe' signed as Vice President. And there is NO Mr.Cotton Eye Joe born or exist or lives. They cannot manufacture Mr.Joe unless they pay huge $ to a bio-engineering firm to make a human like robot who has to have SSN/DL and should be able to depose in a court of law. So what they can do if a borrower has such STRONG evidence of FRAUD.
 
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Survivor_IN

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Jun 2, 2008
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I know they donot do on their own for the larger interest of protecting the 'too big to fail' or 'too big of a criminals to take action'; Can a borrower who has the evidence force them to press charges? For example there is an affidavit filed by the bank at a court for appointment of trustee sale. The person who signed as Vice President of the Bank 'DOESNOT' exist. 'Let us Say 'Mr.Cotton Eye Joe' signed as Vice President. And there is NO Mr.Cotton Eye Joe born orTX exist or lives. They cannot manufacture Mr.Joe unless they pay huge $ to a bio-engineering firm to make a human like robot who has to have SSN/DL and should be able to depose in a court of law. So what they can do if a borrower has such STRONG evidence of FRAUD.
TXWillie

Yes, they are or have committed mail or wire fraud in setting up these deals. These where almost all interstate transactions which would bring in the fed if it's big enough.

I thought you tried reporting this locally and it did not work? Did contact local FBI? I forgot if you got anywhere with it. I'm going to re-report some things since the big "settlement" and servicing rules oversight. I agree with AnnieMac and use the gov sites for complaints. You have opportunity to give evidence (at end of your report) and can submit your uploads and docs (scan them first or download emails, pdfs to folder) when you make complaints. The complaints are published and readable by public, the docs are not.

Are they hurting gov interests by taking settlement funds falsely or defrauding public by converting property? If BOA is defrauding the government or ignoring settlement mandates, you have a cause of action. As far as "owner" of note, I have no clue other than research. When you research (or use discovery) you see things. I have read large home equity lines are being treated similar to purchase property in TX courts now.
 
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TXWilly

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Mar 21, 2013
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Yes. I have contacted 'ALL' the relevant agencies and waiting for the result of the investigations. I am really shocked to notice the indifference or collusion of various senior agencies in protecting the wrongdoers. I do not want to name the agencies here. Like Senator Elizabeth Warren questions 'Why NO banker has gone to jail for crime/fraud so far?'. If any ordinary citizen does similar crime, it is punishable by upto 30 years in prison and/or 1 Million $ in penalties/fines.


When you say govt websites for complaints? Which agency you are referring? Is it OCC or CFPB or FDIC or FBI? or Local Police?
 

TXWilly

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Mar 21, 2013
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After months of wait and being kicked around various Law Enforcement Agencies I am going to meet local county criminal investigator next week.

Please help me or suggest the best ideas to make sure the investigator understand me and takes/initiate action against the culprits.

My issues is explained in couple of other posts in 'ask attorney's sub-forum.

http://www.loansafe.org/forum/threads/how-to-get-the-bond-money-from-the-bonding-company-if-you-have-proof-about-notary-fraud.88583/#post-519479

http://www.loansafe.org/forum/threads/is-county-land-deed-records-need-to-be-updated-corrected-by-lender-if-the-loan-no-or-servicer-lender.87915/page-8#post-513800


NOW coming to the LATEST issue/question I have.

  1. Notary didnot respond to CMRR for notary records. Filed complaint with state notary commission. Finally after months of trying to locate the running away /absconding notary, final letter from commission saying 'that cannot do anything more' and asking me to approach county /district attorney office.
  2. Till now local police including senior most org/most powerful org in the country, though initially took interest, later dodged answering me. (I suspect the reason being one of the possible involved person is working in a local govt office at a senior level).
  3. The county sheriff's office is asking me to meet them next week.
  4. I need your help/guidance on what I can communicate best to pressure them to take this complaint and investigate?
  5. How serious 'FRAUD' is taken by county sheriff's offices?
  6. This is the very crucial/strong step and if they catch the notary and the 2 (non existing affidavits - since I assume they just put 2 individuals who may not be investigated but based on my research those 2 CANNOT be working for Bank as authorized persons to sign such affidavits). If they were, they would not be hesitant to show proof of their identities/association with the bank.
  7. If I could convince sheriff's office to call/investigate the notary, 90% of the investigation would be done as the notary cannot produce records of notarization and cannot bring those 2 individual identities.
  8. This itself constitute as 'FRAUD' and the firm which filed the affidavits in courts committed the 'CRIME'?

Please let me know if you have any additional points/questions to convince/support so that the sheriff would investigate this fully.

Thanks again for your answers and time.

Txwilly
 

TXWilly

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Mar 21, 2013
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Also:
As per the first post of this post following will apply in this case?
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Whoever, having devised or intending to devise any scheme or artifice to defraud, or for obtaining money or property by means offalse or fraudulent pretenses, representations, or promises, or to sell, dispose of, loan, exchange, alter, give away, distribute, supply, or furnish or procure for unlawful use any counterfeit or spurious coin, obligation, security, or other article, or anything represented to be or intimated or held out to be such counterfeit or spurious article, for the purpose of executing such scheme or artifice or attempting so to do, places in any post office or authorized depository for mail matter, any matter or thing whatever to be sent or delivered by the Postal Service, or deposits or causes to be deposited any matter or thing whatever to be sent or delivered by any private or commercial interstate carrier, or takes or receives therefrom, any such matter or thing, or knowingly causes to be delivered by mail or such carrier according to the direction thereon, or at the place at which it is directed to be delivered by the person to whom it is addressed, any such matter or thing, shall be fined under this title or imprisoned not more than 20 years, or both. If the violation occurs in relation to, or involving any benefit authorized, transported, transmitted, transferred, disbursed, or paid in connection with, a presidentially declared major disaster or emergency (as those terms are defined in section 102 of the Robert T. Stafford Disaster Relief and Emergency Assistance Act (42 U.S.C. 5122)), or affects a financial institution, such person shall be fined not more than $1,000,000 or imprisoned not more than 30 years, or both.
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Esp the bolded/underlined parts? If this is applicable I would have a very strong case?
 

TXWilly

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Mar 21, 2013
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Anyone with suggestions/key points I should discuss with the sheriff on this? This is my best chance to talk/meet I had in months of trying to contact Law enforcement agencies. I donot want lose the opportunity to pressure them to act correctly. So looking for tips/key points on this kind Fraud and its conviction possibilities.

Thanks again.
 

Survivor_IN

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Jun 2, 2008
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Anyone with suggestions/key points I should discuss with the sheriff on this? This is my best chance to talk/meet I had in months of trying to contact Law enforcement agencies. I donot want lose the opportunity to pressure them to act correctly. So looking for tips/key points on this kind Fraud and its conviction possibilities.

Thanks again.
Remind that that they can recover money though these fines and penalties. Talk money lost and revenue gained by pursuing this. Maybe that will motivate them? For every fraud doc uncovered, add x dollars to be recouped.
 

Survivor_IN

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Remind that that they can recover money though these fines and penalties. Talk money lost and revenue gained by pursuing this. Maybe that will motivate them? For every fraud doc uncovered, add x dollars to be recouped.
Find the State Law violations and penalties too. Here, it is felony to file false docs, fine of 20k. If there are multiple frauds, the city can recoup substantial money.
 

TXWilly

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Mar 21, 2013
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Survivor,

Thanks for your input.

I will have to look into state law. I just saw the federal law which I gave earlier.

I was reading thru some notary websites and they clearly said, it is a felony to willfully endorse fraudulent affidavits. If the notary was 'told/pressured' into endorsing the fraud, those who 'pressured' can ALSO charged with criminal charges. In that case, it is the firm which filed the affidavits or the bank which hired the firm to file the affidavits?

So effectively, the A) Notary Public
B) The firm which/where the affidavits were signed (office) and they filed those affidavits in court.
C) The bank which hired the firm to handle FCs/filing affidiavits.

I am planning to include the Police/City of that Police department which ignored my complaint and (if I am right and can prove the Crime), they have lied to me about their investigations and I want them to be held responsible too for not acting correctly. But this can be later.


Thanks again for your time/info and hoping for any other relevant info/points to stress the sheriff's office to take appropriate action.

How/who decides it is whether County jurisdiction or Federal (DOJ)?

Also if the fraud/crime can be proved, does the lien/loan is wiped out and the property is free of the lien henceforth? I read somewhere about this. Any pointers on this?
 

Survivor_IN

LoanSafe Member
Jun 2, 2008
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...I was reading thru some notary websites and they clearly said, it is a felony to willfully endorse fraudulent affidavits. If the notary was 'told/pressured' into endorsing the fraud, those who 'pressured' can ALSO charged with criminal charges. In that case, it is the firm which filed the affidavits or the bank which hired the firm to file the affidavits?

So effectively, the A) Notary Public
B) The firm which/where the affidavits were signed (office) and they filed those affidavits in court.
C) The bank which hired the firm to handle FCs/filing affidavits

Any or All of them

How/who decides it is whether County jurisdiction or Federal (DOJ)?

Different jurisdiction, you can complain to FBI and/or local. If Sherri will investigate, maybe FBI will follow. They can be held accountable for both state and federal crimes.

Also if the fraud/crime can be proved, does the lien/loan is wiped out and the property is free of the lien henceforth? I read somewhere about this. Any pointers on this
?

Contract based on fraud is avoidable. Wrong party in interest cannot sue you.
 

TXWilly

LoanSafe Member
Mar 21, 2013
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Survivor:
You quoted the below:

Contract based on fraud is avoidable. Wrong party in interest cannot sue you.

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What does that mean? Can you elaborate? Will the loan/lien be wiped out or it will still be there? (Actually the SOL is expired but that is debatable ).

 

Survivor_IN

LoanSafe Member
Jun 2, 2008
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You also need to report to Tx Notary Oversight commission, if you haven't done so already. Your paper trail of complaints and letters will be impotant soon enough. If you can't get local help, then try FBI. FBI takes on local corruption if they are not corrupt themselves.
 

Survivor_IN

LoanSafe Member
Jun 2, 2008
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Survivor:
You quoted the below:

Contract based on fraud is avoidable. Wrong party in interest cannot sue you.
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What does that mean? Can you elaborate? Will the loan/lien be wiped out or it will still be there? (Actually the SOL is expired but that is debatable ).
Meant void-able. If a contract is based on fraud, it can be challenged.
Wrong party does not have standing to sue (as in foreclosure)

You might be able to toll SOL, if these parties are subject of fraud. Lets up Sherrif's take notice and investigate. Usually, the complaining witness (you), files an affidavit (saying what happened) and this gives them something to investigate.

(sorry, can't type real well today)
 

Survivor_IN

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Jun 2, 2008
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Meant void-able. If a contract is based on fraud, it can be challenged.
Wrong party does not have standing to sue (as in foreclosure)

You might be able to toll SOL, if these parties are subject of fraud. Lets up Sherrif's take notice and investigate. Usually, the complaining witness (you), files an affidavit (saying what happened) and this gives them something to investigate.

(sorry, can't type real well today)
Wrong party (via fake affidavits) may create 'reversible error' in foreclosure case. Which means, proving this, gives you possible legal ground to sue for wrongful foreclosure. And win. Several cases have been overturned on this point.
 

TXWilly

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Mar 21, 2013
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Thanks again for your time/replies.

I already worked with notary commission and I got their communications and final letter closing their work stating that they tried their best to locate the erring notary.

The other national agency you mentioned (I suspect protecting the criminals). I already approached them and they showed very eager interest but later avoid meeting me. So much for their name......

I donot believe suing the bank/firm/notary via 'Civil Law suit' will do any good as they have the $ and connections to move/xfer the cases to their areas/jurisdiction where they will always. Since this is Criminal/govt/sheriff has to act.

My only hope is that they believe me and investigate and file charges against the ALL those who are erred.

Can the Sheriff say 'NO' to me claiming there is no evidence/backup to support my claim(without even starring an investigation)?
Is this is a possibility and how I can overcome this?
 

Survivor_IN

LoanSafe Member
Jun 2, 2008
278
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Wrong party (via fake affidavits) may create 'reversible error' in foreclosure case. Which means, proving this, gives you possible legal ground to sue for wrongful foreclosure. And win. Several cases have been overturned on this point.
Thanks again for your time/replies.

I already worked with nory commission and I got their communications and final letter closing their work stating that they tried their best to locate the erring nory. --Use that, state such as one of the numbered points in your afdvt. A 'complaint' may be more casual and simple to get ball rolling. U become witness n Sherri investigates based on info. U can ask what their procedre is, but this is typical procdure. Also, Google affidvte and find samples, hopefully tx or legle sites.

The other national agency you mentioned (I suspect protecting the criminals). I already approached them and they showed very eager interest but later avoid meeting me. So much for their name......- go figure, realize changes in staffing and elections may affect this

I donot believe suing the bank/firm/notary via 'Civil Law suit' will do any good as they have the $ and connections to move/xfer the cases to their areas/jurisdiction where they will always. Since this is Criminal/govt/sheriff has to act. -hopefully tx likes the idea of collecting income and fines back into local gov etc. Bank ultimately responsible for collusion. Cvl suet after crimnl.

My only hope is that they believe me and investigate and file charges against the ALL those who are erred. -multi parties, name them plus unidentified parties for any unknown relationships

Can the Sheriff say 'NO' to me claiming there is no evidence/backup to support my claim(without even starring an investigation)?- depends on climate, sherries have their own opinions
Is this is a possibility and how I can overcome this?- see above thoughts, affi outline plus docs as exhibit for evil, realize bus records tend to stand unless they are based on frad, and this bit of legal is corrupted w flee docs
Typical to complain to State AG, but try your course of action, sounds probable.
 

TXWilly

LoanSafe Member
Mar 21, 2013
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I already approached state AG, but they too acted/acting as if it is not their problem. Now he has become the Governor of state and I will wait for Sheriff's action to act/approach further offices. Based on what I read from few sheriff's website on criminal complaint procedures, it looks like, the 'Start' of the process is filing a formal complaint with the sheriff and based on that they will work on it. Hope they sincerely take this issue seriously. If they act on it and if they investigate, 1. the notary and the 2. (fraudulent signatures), 3. the firm which filed the affidavits at the courts, my case is set.

I also read that even criminal charges can be settled out of court? Does it happen? But the parties of the alleged crimes are big firms with lots of money.
As per the criminal procedures the penalties are high if the crime is proved. I am not sure how long they can drag this case but I am tired of fighting and want this to end quickly and get a closure and move on.