Forged, Robo-signed, Mix Matched Signatures?

freedomwon

LoanSafe Member
Oct 30, 2010
2,794
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California
TXWilly - I haven't pursued the claim with the bond company but here's what I do know:

A Notary surety bond provides protection for the public against the Notary's errors, negligence and purposeful wrongdoing. Any person who can prove harm as a result of a Notary's improper actions in performing a notarial act may file a lawsuit to recover against the Notary's bond. If the Notary cannot pay damages to a victim of his or her misconduct, then the surety company will reimburse the victim up to the dollar limit of the bond.

A NOTARY IS OBLIGATED BY LAW TO REPAY TO THE SURETY ANY FUNDS IT HAS PAID OUT ON THE NOTARY'S BEHALF. IN ADDITION, THE NOTARY MUST PAY TO THE VICTIM ANY DAMAGES CLAIMED AND PROVEN BEYOND THOSE REIMBURSED BY THE BOND.

A Notary surety bond is not insurance protection for the Notary -- rather a bond is protection for members of the public who have been financially damaged by the Notary's improper conduct.

I suspect if the notary is employed by the bank, the banks legal department will keep the notary shielded in the process.
 

TXWilly

LoanSafe Member
Mar 21, 2013
737
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Freedomwon,

Thanks for your input and reply.

Interestingly it looks like these robo notaries moonlight for these kind of unethical work and my notary found to be working for another bank. This makes a felony and banks employing felons?

I have to wait and see...
 

isisis

LoanSafe Member
Jun 22, 2010
1,653
204
63
North bay
NEWS FLASH

T. Sevillano, Recontrust's own "milliner's delight" at last deposed.

"Testimony of former Recontrust employee Tina Sevillano ("Sevillano"). Id. ¶ 50; Ex. M. Sevillano declares that while working for Recontrust she routinely signed documents on behalf of companies, including Bank of America and MERS, with little or no knowledge of the documents' veracity or contents."

https://scholar.google.com/scholar_case?case=3884813719551777046&q=reyes+Sevillano&hl=en&as_sdt=2006&as_ylo=2011

Need to find the exhibit still.
 
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razmik

LoanSafe Member
May 6, 2012
233
8
18
California
NEWS FLASH

T. Sevillano, Recontrust's own "milliner's delight" at last deposed.

"Testimony of former Recontrust employee Tina Sevillano ("Sevillano"). Id. ¶ 50; Ex. M. Sevillano declares that while working for Recontrust she routinely signed documents on behalf of companies, including Bank of America and MERS, with little or no knowledge of the documents' veracity or contents."

https://scholar.google.com/scholar_case?case=3884813719551777046&q=reyes Sevillano&hl=en&as_sdt=2006&as_ylo=2011

Need to find the exhibit still.
Thanks I read the conclusion and I think it got dismissed, is it correct?
 

razmik

LoanSafe Member
May 6, 2012
233
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18
California
Thanks isisis for keeping in touch. Just to give you an update my Notice of Sale got postponed 4 times from April of this year and at the end of August they didn't put any new sale date and when I check on "NATIONWIDE POSTING..." it shows as "CANCELED" !!! I am thinking it is a good thing that there is no more sale date and I heard after a few times they need to re file the foreclosure again. Is that true?
Sorry I forgot to tell you that applied for modification through a law office in Los Angeles and they use CHBOR to take are of the issue. I asked the lawyer to sue the Nationstar first for all the wrongdoings starting from Countrywide, Bank of America , SLS and MERS but she said lets see what happened with loan modification first. She also says there is no use to sue, you will not win!!! I need your opinion and thank you very very much for helping. I don't know how I can repay you...Thanks
 

isisis

LoanSafe Member
Jun 22, 2010
1,653
204
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North bay
Hi Razmik,

The case that referenced T. Sevillano's testimony wasn't very well constructed in my opinion. Sevillano didn't even sign the docs, wasn't even involved in their
foreclosure but they were clever enough to get a hold of Sevillano's testimony (I'm presuming it was in a deposition). The question is who deposed her? Google isn't helping much so far.

As for your sale getting cancelled it's three strikes and their out for the year. They have to wait twelve months from the filing of the notice of sale before they can file again.

I'm in litigation as well but using a different strategy that would only be effective if you can demonstrate that the default was on their part and that it was an intentional breach. For once I can't really go into details just yet though you can contract me directly if you want though I'm not sure whether it would work in your case.

What we're all waiting for now and what may be helpful to you is the Supreme Court ruling in Yvanova. I've talked about it over on Bagels and it's supposed to go our way.
 
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razmik

LoanSafe Member
May 6, 2012
233
8
18
California
Hi Razmik,

The case that referenced T. Sevillano's testimony wasn't very well constructed in my opinion. Sevillano didn't even sign the docs, wasn't even involved in their
foreclosure but they were clever enough to get a hold of Sevillano's testimony (I'm presuming it was in a deposition). The question is who deposed her? Google isn't helping much so far.

As for your sale getting cancelled it's three strikes and their out for the year. They have to wait twelve months from the filing of the notice of sale before they can file again.

I'm in litigation as well but using a different strategy that would only be effective if you can demonstrate that the default was on their part and that it was an intentional breach. For once I can't really go into details just yet though you can contract me directly if you want though I'm not sure whether it would work in your case.

What we're all waiting for now and what may be helpful to you is the Supreme Court ruling in Yvanova. I've talked about it over on Bagels and it's supposed to go our way.
Thanks like always for your response...are you sure that they have to wait 12 months until to file another NOD and NOS? I trust you but wanted to make sure...It is really good if that is the case...Thanks
 

isisis

LoanSafe Member
Jun 22, 2010
1,653
204
63
North bay
My understanding - and my experience has been - that a notice of sale is only good for twelve months and then another must be filed in order to foreclose. I'm fairly certain that is somewhere among California foreclosure statutes just don't remember exactly where off hand, §2924g I'm thinking but not certain. A notice of default however is good indefinitely unless it is cancelled or rescinded. Just remember to calculate from the date of the filing (recording) of the notice not the sale date.

I'll look it up and get back to you with the statute.
 

razmik

LoanSafe Member
May 6, 2012
233
8
18
California
My understanding - and my experience has been - that a notice of sale is only good for twelve months and then another must be filed in order to foreclose. I'm fairly certain that is somewhere among California foreclosure statutes just don't remember exactly where off hand, §2924g I'm thinking but not certain. A notice of default however is good indefinitely unless it is cancelled or rescinded. Just remember to calculate from the date of the filing (recording) of the notice not the sale date.

I'll look it up and get back to you with the statute.
Thanks again, my NOD was filed on October 31, 2014 and NOS in Feb of 2015 so we are getting very close to one year mark of NOD
 

isisis

LoanSafe Member
Jun 22, 2010
1,653
204
63
North bay
Razmik,

A NOD is good indefinitely, it's the NOS that's only good for a year so you have until February until they can re file.

T. Sevillano was deposed in Tamburri v. Suntrust. Getting closer.
 

ccbarrcc

LoanSafe Member
Jul 21, 2015
15
2
3

Desiree Carson? Here she is in a recent family portrait. It's her current cover photo on Facebook.

She was a notary and escrow officer who embezzled and who was convicted and sentenced. Looks like she did a year in 2013, but I am not sure. The sentence was at least 5 years.

Here is her resume on Indeed.com. It says she will do whatever needs to be done to provide an "efficient well ran company."

http://www.indeed.com/r/Desiree-Carson/86f0f80268f4be88

Indeed.
 

isisis

LoanSafe Member
Jun 22, 2010
1,653
204
63
North bay
Ordinary people who work as notaries and break the law do oftentimes go to jail. Notaries who work on behalf of banks routinely break the law and sign under penalty of perjury with no trouble whatsoever. Doesn't sound like this woman was helping the banks steal homes otherwise she would have gotten away with it.
 

isisis

LoanSafe Member
Jun 22, 2010
1,653
204
63
North bay
Whoops, spoke to soon and I stand corrected. You Google Desiree Carson and the words robo signer and her name jumps off the page looks popcorn. Too bad that's not what she went down for.
 

ccbarrcc

LoanSafe Member
Jul 21, 2015
15
2
3
TXWilly - I haven't pursued the claim with the bond company but here's what I do know:

A Notary surety bond provides protection for the public against the Notary's errors, negligence and purposeful wrongdoing. Any person who can prove harm as a result of a Notary's improper actions in performing a notarial act may file a lawsuit to recover against the Notary's bond. If the Notary cannot pay damages to a victim of his or her misconduct, then the surety company will reimburse the victim up to the dollar limit of the bond.
 

kraftykrab

LoanSafe Member
Jan 27, 2014
1,137
144
63
Thanks isisis for keeping in touch. Just to give you an update my Notice of Sale got postponed 4 times from April of this year and at the end of August they didn't put any new sale date and when I check on "NATIONWIDE POSTING..." it shows as "CANCELED" !!! I am thinking it is a good thing that there is no more sale date and I heard after a few times they need to re file the foreclosure again. Is that true?
Sorry I forgot to tell you that applied for modification through a law office in Los Angeles and they use CHBOR to take are of the issue. I asked the lawyer to sue the Nationstar first for all the wrongdoings starting from Countrywide, Bank of America , SLS and MERS but she said lets see what happened with loan modification first. She also says there is no use to sue, you will not win!!! I need your opinion and thank you very very much for helping. I don't know how I can repay you...Thanks
hiya,

I will preface my comments by saying that I am not familiar with your specific situation, so these comments may or may not help you.

I would, generally speaking, be VERY careful in attempting or getting a loan mod if you still have any disputes or questions that are left unanswered. I ran into this when dealing with Caliber Home Loans on my situation. I dispute most of the information I have been given thus far. I have disputed their claims of who owns the loan, the balance, the fees, supposed claims of "we are actively in court against you right now", and so on and so on. Caliber, like many of these servicers, had one mission--to try to get me to take a loan mod. I received threats--things that cannot physically be possible, like "your home can be taken from you in a sheriff's sale as soon as two weeks from now" when there has not even been a foreclosure judgment or anything remotely close to it. The point is, I am and have been disputing practically all of their claims. I have a lot of documentation, recordings from phone calls, etc that prove my claims. But Caliber ignores all of that, and wants me to take a loan mod, short sale, or deed in lieu. I've never sent them a mod application. They sent me several application packets, and I never sent them back. Their next move, while ignoring my disputes, was to send me an unsolicited loan mod offer. They reduced the payment by about $150 per month, told me to make 3 payments, and then I would send them my financial info and they would see if I qualify for a permanent mod. There is no way in the world I would accept that, it's a scam. They want to get you paying so they can tell a courtroom judge, "Look, your Honor, the defendant MUST admit that he owes us on this loan....look, he sent us payments!"

This does two things. First, it provides evidence that you believe you owe them the money. That means any dispute you may have about who actually owns it just got flushed down the drain. Second, a loan mod creates a new obligation. So, even if you are unsure about who owns it, a loan mod sets the terms in stone. You would have a very hard time IMHO trying to fight your disputes over the balance, fees, etc etc, if you have already agreed to a mod. This is a trick that is used to scam homeowners. They tell you, "Take care of your home first, then we can go through your disputes one by one".....its a scam. Your attorney wants to focus on a loan mod first, to address saving your home, but when that is done, you will have a much harder time pursuing your disputes. Be careful.
 

ccbarrcc

LoanSafe Member
Jul 21, 2015
15
2
3
It looks like I didn't finish my comment. I was thinking about Desiree Carson notarizing Swaramee Slee's signature as VP at MERS. This, done in 2011, allowed BONY Mellon to demand payment in 2005. What if no notary public had been willing to do that?

As it is, investors are paying attention to my loan because they have been told they bought an interest in it in 2007. But did they? (I think this is old turf for a lot of you.)

And KraftyKrab, I wish I had never gone down this road. It has destroyed my peace of mind for 6 years running, at a time when I had just got over a very serious case of cancer, and lost my husband. There's never been anything wrong with my income in relation to HAMP 1. As far as I can tell this is a sick game and nothing more.

If anyone has applied for an RCS loan mod I would love to hear from you. (Residential Credit Solutions)
 

isisis

LoanSafe Member
Jun 22, 2010
1,653
204
63
North bay
Ccbarrcc,

What's the name of the trust that BNYM is claiming owns your loan? If you give a little more info including what state you're in I might be able to give you some ideas on challenging their authority to enforce the loan contract. I've been fighting a foreclosure with a BNYM trust for almost six years now.

Sorry you have to face this after all you've been through but you've come to the right place for support and information. Welcome to Loansafe, BTW.
 
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ccbarrcc

LoanSafe Member
Jul 21, 2015
15
2
3
Ccbarrcc,

What's the name of the trust that BNYM is claiming owns your loan? If you give a little more info including what state you're in I might be able to give you some ideas on challenging their authority to enforce the loan contract. I've been fighting a foreclosure with a BNYM trust for almost six years now.

Sorry you have to face this after all you've been through but you've come to the right place for support and information. Welcome to Loansafe, BTW.
I am SO SORRY I missed this reply. Mine is in CWMBS, Inc's
CHL Mortgage Pass-Through Trust 2007-2 Mortgage Pass-Through Certificates, Series 2007-2

California. Assignment of deed of trust notarized in 2011 by Desiree Carson, who went to prison for forgery on unrelated case.

I found my loan, with it's old CW loan number on Mellon's investor site, gctinvestorreporting.bnymellon.com. It's on statements going back to 2007.

I'd appreciate anything you can offer! Is your saga detailed online so I can catch up?
 

ccbarrcc

LoanSafe Member
Jul 21, 2015
15
2
3