Forged, Robo-signed, Mix Matched Signatures?

Tarin Myhairout

LoanSafe Member
Oct 31, 2011
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Twin Cities, MN
My robo-signed docs were signed and notarized in Minnesota.... please see letter I am about to attach.
Hi Calgirl67!

What a great letter!
Just an aside for you: Notaries in MN are also regulated by the Department of Commerce. Complaints are investigated by the licensing board, and they will revoke a commission in serious cases, and impose fines and suspension penalties when warranted.

Once we went to a local US Bank to have a document notarized, and the woman told me they don't notarize anything for people who don't do business with US Bank. I was ever so tempted to open a savings account on the spot, get my thing notarized and then close the account before we left. I just didn't have the energy.

BUT: In-house notaries are often requested/directed/forced by the employer to do stuff they know is wrong. The real property criminal enterprises here have lots of in-house notaries who 'acknowledge' otherwise blank docs, which are later filled in by the other crooks.

Their notary might end up rolling on BoA to save herself! If you end up having to claim against the bond, it is at least an easier way to get reimbursed. SCORE!!!

Do keep us informed!

Tarin
 

calgirl67

LoanSafe Member
Sep 2, 2009
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I just received 2 letters in response of my letter posted above, sent to Wells Fargo and the trustee.

Wells Fargo: We have found no irregularties with documents pertaining to your loan. (whatever - blatant lie)

Trustee: Your sale date is set for Dec 16. Amount due is:xxxx ($9,200 different from 2 wks ago). Please find enclosed documents you requested (enclosed was a copy of our trust deed).

Are these people complete RETARDS? Read my letter above... We did not request any documents.

How do you fight this fraud and BS? All of our documents are robosigned. Wells Fargo DID NOT contact us prior to filing the NOD. They have broken so many laws.

What recourse does a consumer have when they break specific State Laws recgarding foreclosures? What a joke. Who do I contact next. I need some tips, fellor Hampsters.
 

freedomwon

LoanSafe Member
Oct 30, 2010
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calgirl67 - O.K. So we might need to change strategy! Let's brainstorm here! Do you have an OCC case number assigned to your file? If not, we need to get your formal complaint filed so you have a case number. The fastest way to do this is online https://appsec.helpwithmybank.gov/olcc_form/

Also, call 1/888-952-9105 to request your "independent review form". It will not stop a foreclosure sale from happening but you don't want to shut the door on the window of time just in case you decide to pursue that avenue. You can read more about it here http://www.loansafe.org/forum/ask-attorneys/44506-independent-foreclosure-review.html (post #7). I only suggest this on the very slim chance you may get some financial compensation as a result of the review. It also alerts the bank, you will be seeking a review. (Probably so they have time to destroy any evidence of their wrong doing in your loan file).

The next thing I'd suggest you investigate is find out what publication First American Trustee Servicing uses to advertise their trustee sales. Either you can call & ask (pose as an interested party to purchase foreclosure property) or have a friend call. Your sale needs to be advertised 3x just prior to the sale date. Once you know where they publish, you can keep a watchful eye. It's my hope we can find additional things to challenge the trustee on.

California Civil Code §2924f (b)(1) states, "before any sale of property
can be made under the power of sale contained in any deed of trust or
mortgage…notice of the sale thereof shall be given by posting a written
notice…describing the property to be sold, at least 20 days before the date of
sale…and publishing a copy once a week for three consecutive calendar weeks,
the first publication to be at least 20 days before the date of sale…The notice of
sale shall contain…the name of the original trustor".

Timing on this will be critical. You don't want to give them too much notice that they failed to publish until it's too late for them to publish 3 times in the same publication.

From what I've seen, the banks are doing a HUGE push on foreclosures before year end. It's unsettling though to see your concerns were not investigated. Both the bank & trustee figures they have all the right documents to conduct the sale.
 

Tarin Myhairout

LoanSafe Member
Oct 31, 2011
320
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Twin Cities, MN
Calgirl67:

If you haven't already, I urge you to file with the Iowa Attorney General, Tom Miller. Use the general consumer complaint form, and send your excellent letter with it. iowaattorneygeneral.org is where you will find the particulars, and the form.

Ask specifically to have the sale cancelled pending the investigation. Be sure to stress that the Bank maintains there is nothing wrong, and is forcing you into the foreclosure sale; include copies of those nonsensical, conflicting letters. At this point, you have nothing to lose. (It is going to look familiar to the AG by now, but your letter is clear, concise, and easy to follow.)

Then, go to APM.org and put your story into the Public Insight Journalism network.


Best of Luck to you,

Tarin
 

calgirl67

LoanSafe Member
Sep 2, 2009
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FREEDOM: I bought the local paper and they have been advertising the sale, so at least they are doing that right.

Just all the paperwork is robo-signed, and assignment was not done 5 yrs ago when it should have been. And they did not contact us for "workoutsolutions" before filing the NOD.

We will definitely be requesting the independent review forms. I am also going to write, on Monday, a QWR, CMRRR, to Wells Fargo requesting a full accounting on the loan.

TARIN: We're in California but I can do what you suggested with the CA AG.

My real question is, they have broken laws, especially the CA one stating they had to contact us 30 days prior to filing the NOD. What recourse do we have? ie. do we sue them? Is there a government body that can force them to abide by that law?
 

Tarin Myhairout

LoanSafe Member
Oct 31, 2011
320
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Twin Cities, MN
File that complaint

TARIN: We're in California but I can do what you suggested with the CA AG.
Calgirl67:

Yes, of course. I followed Estela's lead and went with Iowa because Tom Miller is leading the fight against the fraudulent Banksters. I am convinced that is partly why she prevailed after being CHASE'D for over a year. Probably, Iowa will forward the filing to CA as well; but you have already done the hard work, so do your own CA filing, too.

The problem with everyone just filing in their own state is that then there is no CENTRAL complaint clearinghouse, and it is too easy to brush it off as 'just in Ca' or 'just in Mi'. If we all direct a copy to Iowa, it quickly shows that this is a nationwide fraud perpetrated in all 50 states.

As far as State Laws, go to this inelegantly titled post forum/unite-fight-share-your-ideas-how-homeowners-can-fight-back-against-fraud/44514-different-better-use-independent-foreclosure-review-report-feedback-please.html to see what I learned about the MN laws; and what I will be doing here.

I have been otherwise occupied and haven't yet made this complaint; but in MN, the State Dept of Commerce oversees mortgage origination, brokering, and loan servicing activities as well as notaries. The recent enforcement acions here have involved massively fraudulent enterprises, but relatively few players in each one; so the reach of the fraud isn't as great.

California seems to have much tighter control over Notaries, and since in your case they are co-conspirators with a huge established bank and literally thousands of loans that are part of the same fraudulent scheme, it might provide the 'in' that you need to get someone's attention.

In my humble opinion, it can't hurt to send your complaint to as many agencies as possible.

Best of luck to you, and let us know how it is giong.

Regards,

Tarin
 

freedomwon

LoanSafe Member
Oct 30, 2010
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California
Hi Calgirl67 - I’m glad you checked into the publication of the trustee sale. We can eliminate that as potential violation. Here’s where I would go from here.


I would write back to the trustee & here’s what I would say:


The notice of default, recorded pursuant to Section 2924, and mailed to all persons pursuant to Section 2924b is not a valid instrument. There is no chain of title naming First American Trustee as the real party of interest or holder of the negotiable instrument, therefore the NOD is null & void. First American Trustee Services must have in their possession the “wet signature†promissory note & the “wet signature Deed of trust†at the time the NOD was filed with the county recorder. (Photocopies are not acceptable). The assignment of Deed of Trust is invalid due to an unauthentic signature & acknowledged by an “out of state†notary.


As Trustee to this Deed of Trust, you have a fiduciary responsibility to verify the facts. Wells Fargo has participated in the fabrication of mortgage assignment transfers and the use of Robo signers. It’s imperative to establish proper securitization of the note. First American Trustee Services has a fiduciary duty to ensure every mortgage assignment be fact checked by the assignor.


If the notice of default is not rescinded prior to 12/16/11, we will be naming you personally in a civil action for conspiracy to commit fraud and racketeering against us. You are hereby advised, Aiding and Abetting Wells Fargo under California forgery law is subject to:


Conviction under Penal Code 470 - forgery for aiding and abetting another who does these acts. Even if you're not the one who actively forged the document, if you (1) have knowledge of the forged item(s) and (2) accompany another in passing the item(s) or make misleading statements that contribute to the forger's benefit (at another's expense), you face prosecution under this law.


You have been given knowledge documents have been forged. Evidence exists in your files, Wells Fargo files, my files & at the county recorders office that clearly shows documents were executed on ???? And notarized on ??? . In the state of Mass. All Notarizations must be conducted in person in the state of Ca.


Furthermore we require a response (Within the next 30 days) from First American Trustee Services that you have removed yourself from this foreclosure action . If no response from First American has been received within 30 days then this letter will serve as an admission that the Notice of Default was done in error and you agree to rescind the notice.


Calgirl - I’m wondering when you go back & look at those documents you may find the execution dates & notary dates are different. Take a look & see! That’s why I put ??? Up above.
 

calgirl67

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Sep 2, 2009
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Jeffrey L. Shurtliff

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Dec 4, 2010
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Hey guys: just posted this: http://www.loansafe.org/forum/unite-fight-share-your-ideas-how-homeowners-can-fight-back-against-fraud/44776-occ-bs-reply-complaint-against-wells-fargo.html

OCC is corrupt as the banks. You can;t fight these criminals. I have been writing letters 'till my hands hurt and they are still going to foreclose Dec 16 using forged and fraudulent documents.

The entire system is set up in the bank's favor. Even the crooked notaries engage in illegal practices.
If you can prove document flaws after the foreclosure then actually if you challenge anything it would be after sale and then you would challenge the Trustee's Deed in it's presumption showing an unlawful sale.
 

freedomwon

LoanSafe Member
Oct 30, 2010
2,794
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California
Hey guys: just posted this: http://www.loansafe.org/forum/unite-fight-share-your-ideas-how-homeowners-can-fight-back-against-fraud/44776-occ-bs-reply-complaint-against-wells-fargo.html

OCC is corrupt as the banks. You can;t fight these criminals. I have been writing letters 'till my hands hurt and they are still going to foreclose Dec 16 using forged and fraudulent documents.

The entire system is set up in the bank's favor. Even the crooked notaries engage in illegal practices.
It's very frustrating to see this happening. Please give some serious thought to sending the letter I put together on your behalf in post #67. We have to have HOPE!

It may just be another useless letter OR it may say some of the things you've already said but in a different manner. It's not what you say but HOW say it. The co-conspiracy going on all the way around is just plain WRONG!!!
 

BofA_hater

LoanSafe Member
Jun 28, 2011
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Hi everybody. I've been doing a bit of research, chasing down a robosigner on my documents. I've found that the new robosigners out of Ventura County, CA (Romero, Herrera, Kamyabi) tend to be realtors as well. Busy folks I guess, working as VPs/Secretaries for MERS (in FL supposedly), then rushing back to CA to work for BAC, meanwhile selling/stealing foreclosed homes on the side, I guess. I guess it would be too much to hope for that these robosigning sleazebags wind up in jail, though if the Nevada AG has her way, at least some of them might :).
 

freedomwon

LoanSafe Member
Oct 30, 2010
2,794
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38
California
calgirl67 - I just saw an article that the Mass AG is suing Wells Fargo accusing them of "unlawful and deceptive conduct in the foreclosure process."

Read about it here Massachusetts sues big banks over foreclosures - Dec. 1, 2011Since your documents were notarized in Mass, you may want to get in touch with Attorney General Martha Coakley.

Did you get another letter off to Wells? Any new developments on your Dec sale date?
 

freedomwon

LoanSafe Member
Oct 30, 2010
2,794
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38
California
BofA_hater - Thanks for the updated list of new robo signors. Nothing surprises me anymore as I've come to realize how deep this FRAUD really is. If you haven't done so already, take a look at the execution dates & the notary dates to see if they match or differ.

Also, who is the notary on your documents?
 

BofA_hater

LoanSafe Member
Jun 28, 2011
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Freedomwon- Actually, I have a much larger list of robosigners for 2011, those are just the ones that I've identified as being involved in the realty business. I've been searching through the property recordings and have found more than a dozen, many of them have already been listed on various foreclosure fraud websites. I will go through my list and post all the new names once I dig through everything here. For my docs, the dates do match. The notary is Norma Rojas from Ventura, CA. I went to the state notary site and located her on there, it doesn't say who she works for, but I think it's reasonable to conclude she is primarily paid by BAC. If there is anybody from that area on here, maybe they will know a bit more about her. I don't know how these people think that it makes any sense that they are supposedly viewing original docs in FL, and signing and notarizing the assignments in CA. Am I missing something here, or is it just too much trouble for them to pretend that they are actually viewing the instrument and verifying the info properly as they say they are?
 

susanm

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Jan 12, 2011
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I just made a copy of my 'assignment of deed of trust' at the Sonoma County Recorders Office. Jane Martorana, Assistant Secretary is the Bank of America employee who signed for the Mortgage Electronic Registration System (MERS) on August 16, 2011. Lillian J. Ellison Los Angeles County is the notary public. ReconTrust (a trustee) is an affiliate of Bank of America. I haven't received a Notice of Default yet. Wow! Bank of America has their hand in every aspect of the foreclosure process.
 

BofA_hater

LoanSafe Member
Jun 28, 2011
33
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SusanM- Just thought you should know that I've run across numerous signings by Jane Martorana in online deed records, from Skagit County WA to various counties in MA. I haven't specifically examined her signature, so I don't know if there are various people signing with that name or not. But when I find large numbers of signings in a relatively small sampling of records, it's not a stretch to think there are probably thousands out there from the same "secretary". Sometimes I see pages of assignments from the same person on the same day in a particular county, not a big deal I suppose, until you consider that these assignments are being dumped all over the country like that. As far as I'm concerned, it's a massive fraud dump on the public record system when these banks try to clean up their MERS mess this way. There are tens of thousands of people out there that have been put out of their homes based on these fraudulent docs. It's infuriating.
 

susanm

LoanSafe Member
Jan 12, 2011
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I've been sending letters to CA State Attorney General Kamala Harris regularly. I guess it wouldn't hurt to draft a letter to her about this. I don't get how it could not be a conflict of interest for a Bank of America employee to represent themselves as a MERS rep to transfer assignment of deed of trust but I'm aware of the $25. fee that MERS charges to be allowed to sign as an 'assistant secretary.' If we are aware of this why is the Attorney General's office not aware of it or more importantly doing something about it?
 

Tarin Myhairout

LoanSafe Member
Oct 31, 2011
320
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Twin Cities, MN
This is How They Do it ...

OK, everyone. I finally figured it out.

With the excellent investigative work of the people on this thread, we have indisputable documentary evidence of the Robo-Signers being in at least two places at once; i.e., California and Florida, at exactly the same date and time.

The only reasonable explanation is that they have super-secret teleportation devices enabling them to flit all across the country and view and sign documents everywhere at once!

Or better yet, all the documents are beamed to them at once, and signed with a concrete penetrating, plasma-powered laser pen as they remain bundled up in their bound stacks. That way, nobody has to go to the trouble of opening those pesky envelopes, unbundling those unwieldy stacks of paper, putting human eyes on the documents, thinking about things, and then putting pen to paper. After all, they are only human! How do we expect them to meet their 10,000 foreclosures a day quota if they have to do all that manual labor?

Always remember (and never forget): this system was perfected many years ago during the housing boom, as those toxic mortgages were foisted on unsuspecting homeowners, and quickly bundled together and sold to unwitting investors - the ineffable mortgage-backed securities.

Just as the Robo-Signers did the humanly impossible in swearing that foreclosures were perfect, they previously lied to the investors that these mortgages had all been closely examined and were very high quality debt instruments indeed.

Since we are voluntarily suspending disbelief; the realization that teleportation has been used for years without us knowing about it made me think about another interesting concept: TIME TRAVEL!

I imagined 30 years from now when I am (very) old, explaining this Robo-Signing phenomenon to my young neighbor. I always liked how we learned things on the 1970's Kung Fu show; so for your reading enjoyment (and financial edification), I present:

St. Paul, Minnesota 2041 (c.e.)






But Tarin, weren't they afraid their lies would be exposed when people found out about this secret teleportation scheme, AND the bad quality of the predatory loans AND the defective paper? Wouldn't the banks be embarrassed and in trouble and lose a lot of money over all of this?
No, Grasshopper. You see, the Banks who constructed this Robo-Signing fraud protected themselves with new and innovative financial products called "credit default swaps".

Wow Tarin. That sounds like a very funny name! What does it mean?
Well Grasshopper, let's look at the words. 'Credit' means someone owes money to someone else. 'Default' means someone hasn't paid the money when they are supposed to pay it. 'Swap' usually means to trade something for someone else; but here, it can mean whatever the Banks say it means, because they made it up.

They decided it would mean that if any of those mortgages we learned about earlier turned out not to be good for anything, the banks would get paid anyway. The unusual name made it hard for anyone to understand what a credit default swap was, until a lot of bad things started happening to the economy in this country.

Gee Tarin. That doesn't sound like a very nice thing to do to your customers or to the country. I don't think those banks should have been allowed to do that. I am glad the people rose up and demanded that the Banks had to pay everyone back, and the government regulators were there to help make sure that happened.
You are right, Grasshopper. I am very pleased that you have understood the lesson for today. Here is 2,000 Yuaun. Go buy yourself an ice cream before we go back to the yurt for the night.
THE END (?)



The magic of the internet + the ingenuity of LoanSafe Forum members = the possibility (Likelihood? Guarantee?) of an alternate ending. I would prefer that; so in the words of the inimitable Captain Jean Luc Picard: MAKE IT SO.
 

BofA_hater

LoanSafe Member
Jun 28, 2011
33
1
0
OK, so here's my list of suspects. These are "Assistant Secretaries" or "Vice Presidents", signing officers for MERS who actually work for various banks. Most of these are BAC, I believe. They are dumping assignments on the counties in huge numbers, usually "sign" with some scribbled initials and supposedly assign from MERS to BAC/Bank of America/Countrywide (in other words, generating lots of invalid assignments). Are they robosigners? Well, it depends on your definition, but these folks are cranking hundreds-thousands of assignments out, mainly for foreclosure purposes, are located in CA while MERS is in FL. There is some good info also available on salemdeeds.com, and a very interesting analysis on there as well by an analytical firm assessing the number of fraudulent assignments in that county. There is also a different robosigner list on there, mostly from pre-2011 but still worth a read. The ones I list below are mostly from 2011 assignments.

Bud Kamyabi
Miguel Romero
Lisa Nix
Christopher Herrera
Valerie White
Luis Roldan
Richard Paz
Mary Ann Hierman
Edward Gallegos
Yolanda Rodriguez
Alicia Row
Martha Munoz
Cynthia Santos
Debbie Nieblas
Monica Zepeda
Swarupa Slee
Kathy Oriard
Dominique Johnson
Larisa Post
Diana Pham
Barbara Nord
Ricki Aguilar
Trisha Jackson
Maria Medina Rodriguez
 

calgirl67

LoanSafe Member
Sep 2, 2009
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Add AMY TOSKE to that list. I have found documents signed by her in this capacity:

Vice President Loan Documentation Wells Fargo
Assistant Secretary MERS
Notary Public in Minnesota