Forged, Robo-signed, Mix Matched Signatures?

hibiscus

LoanSafe Member
Sep 19, 2011
146
2
18
California
Hi BofA Hater,

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 :).
I was wondering, when you say some of the Robosigners (Kamyabi) are realtors too, Do you mean in CA or NV?
 

freedomwon

LoanSafe Member
Oct 30, 2010
2,794
23
38
California
hibiscus - nice to see you back! It's been about a month. Hope all is o.k. with you.

Calgirl67 - Hop over to the my recent letter to BofA thread. Hibiscus has a post over there relevant to your case & I immediately thought of you!
 

hibiscus

LoanSafe Member
Sep 19, 2011
146
2
18
California
hibiscus - nice to see you back! It's been about a month. Hope all is o.k. with you.

Calgirl67 - Hop over to the my recent letter to BofA thread. Hibiscus has a post over there relevant to your case & I immediately thought of you!
Freedomwon- All is well! Decided to breathe a little. BOFA keeps sending letters saying we got your request we'll be contacting you in 20 days, in 5 days... As long as they acknowledge my request, what am I to do? I've eating, breathing, dreaming, living, and pooping BOA for a long. long time. I needed a time out.

Your situation seems to remain in the continuum. I'm sorry for that, but glad they've backed down for the holidays!
 

BofA_hater

LoanSafe Member
Jun 28, 2011
33
1
0
Hibiscus, Yes, the real estate connection I found was between some of these signers out of Ventura County, CA. I really think there is a major conflict of interest there. Realtors signing assignments in preparation for foreclosure, then either using the info to pester homeowners or to give the lead on upcoming foreclosures. This whole system reeks to high heaven.
 

Tarin Myhairout

LoanSafe Member
Oct 31, 2011
320
3
0
Twin Cities, MN
Hey BofAhater:

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.
Last Friday a loan officer told me that the St. Paul, MN Ramsey County Recorder's office is about 1 year behind in getting to the docs submitted for recording. They do have a reputation for rejecting anything that isn't exactly right. This creates a few new problems:

1) it will delay recording of those assignments, raising the issue of right to foreclose (an unsuccessful argument in MN) ;
2) We have no way of knowing what is lurking out there, just waiting for the opportunity to be recorded;
3) Title insurance policies (here, anyway) specifically exclude coverage for anything not recorded.

I would be very reluctant to buy a foreclosed property knowing there could be all those extra-legal activities not covered by the insurance policies. Our Recorder's office is in an inaccessible location. There is an online viewing service, but they warn us not to use it for important legal purposes.

Just another threat of harm to the general public created by the fraudsters.

Tarin
 

isisis

LoanSafe Member
Jun 22, 2010
1,792
248
63
North bay
The Multi-Hatted T. Sevillano Strikes Again

Went to the county recorders today to get copies of my records and sure enough there's the busy Ms Sevillano's signature, first signing as assistant secretary for MERS witnessed by notary Janet L Koch. This is an assignment of deed of trust in which all beneficial interest is transferred from MERS to BNY for CWABS series 2006 SD2 and is dated 3/11/10. This is nearly a month after the NOD which says to contact BNY CWABS c/o BAC to arrange payment.
Not one to stand idly by, T. Sevillano's name appears again three weeks later but this time as a notary witnessed by another MERS secretary, Letitia Quintana.
I haven't had a chance to run the other two names though I searched awhile ago without success for the signer of my NOD, Anselmo Pagkaliwangan.
 

freedomwon

LoanSafe Member
Oct 30, 2010
2,794
23
38
California
isisis - Did I just read this right that T. Sevillano is the Notary?
Not one to stand idly by, T. Sevillano's name appears again three weeks later but this time as a notary
If so, can you tell us the notary commission number & the county? Do you know if it checks out against the Ca. Notary roster?
The more you dig, the more you find! Keep gathering your evidence. You just never know when it might come in handy.

Good Job isisis!
 

susanm

LoanSafe Member
Jan 12, 2011
28
0
0
For what it's worth I'm going to write a letter to CA State Attorney General Kamala Harris and cc it to the Comptroller of Commerce asking why this is not a conflict of interest. MERS 'assistant secretary' on my docs is Jane Mortarana. If anyone can confirm that she is a Bank of America employee which I believe that she is that would be appreciated.
 

freedomwon

LoanSafe Member
Oct 30, 2010
2,794
23
38
California
susanm - A real easy way to discover proof of employment on your own is to send her an e-mail at [email protected]nkofamerica.com
You can send from a disposable e-mail address. If it doesn't get bounced back, you're in good shape. Just ask a simple question in your e-mail for her to respond to. If the e-mail does get bounced back, than she probably doesn't work for BofA.

I think that's a great idea to write your letter posing the question about a "conflict of interest". Keep us posted when you get a reply back.
 

isisis

LoanSafe Member
Jun 22, 2010
1,792
248
63
North bay
You got it - T. Sevillano commission # 1751758, Ventura County expires June 18 2011. I just brought all this info home so I haven't been able to do anything else with it except the other two names, Janet L Koch and Letitia Quintana are mentioned as multiple signers on Foreclosure Hamlet and Foreclosure Fraud websites.
I'll keep digging and thank you, Freedomwon!
 

freedomwon

LoanSafe Member
Oct 30, 2010
2,794
23
38
California
isisis - Here's the only Sevillano I could find in the active notary register:

Sevillano, Gina C. 11167 Mines Blvd Whittier CA 90606 1891504(commission number)
exp 05/30/2014

I also tried searching by her commission number & it doesn't exist. I thought there was a T. Sevillano as a notary in Ventura County at least 10 years ago but the commission had expired. This is going to require more digging.
 

susanm

LoanSafe Member
Jan 12, 2011
28
0
0
Thanks Freedomwon. I'll send the email and post back how it goes. I guess it wouldn't hurt to ask if she is an 'assistant secretary' for MERS hehe!
 

freedomwon

LoanSafe Member
Oct 30, 2010
2,794
23
38
California
isisis - Here's a document signed by Leticia Quintana. Compare signatures against the document you have.

One other idea I have about the Sevillano I found on the roster is the middle initial is C, could be for Christina, Tina for short; hence she goes by Tina Sevillano. The commission number is way off though, that number is not even on the roster. If you have time tomorrow, call the Ca. Notary division (phone # is on post #1) & verify T. Sevillano is a commissioned notary & give them the notary # you have on your document. There's that very slim chance of human error that it's not on the roster (but I rather doubt it).

ONE MORE THING TO CHECK. GET A COPY OF THE NOTARY BOND FROM THE VENTURA COUNTY RECORDER AND COMPARE THE SIGNATURE ON THAT BOND TO THE NOTARY SIGNATURE ON ANY OF YOUR RECORDED DOCS.
THEY MAY NOT BE THE SAME!!

Possibly more proof in your arsenal!
 

BofA_hater

LoanSafe Member
Jun 28, 2011
33
1
0
Went to the county recorders today to get copies of my records and sure enough there's the busy Ms Sevillano's signature, first signing as assistant secretary for MERS witnessed by notary Janet L Koch. This is an assignment of deed of trust in which all beneficial interest is transferred from MERS to BNY for CWABS series 2006 SD2 and is dated 3/11/10. This is nearly a month after the NOD which says to contact BNY CWABS c/o BAC to arrange payment.
Not one to stand idly by, T. Sevillano's name appears again three weeks later but this time as a notary witnessed by another MERS secretary, Letitia Quintana.
I haven't had a chance to run the other two names though I searched awhile ago without success for the signer of my NOD, Anselmo Pagkaliwangan.
Wow, that's invalid on so many levels! Filing an assignment after the NOD is a big no-no, enough to get a dismissal right there (at least in my state). Also, since MERS was never the beneficiary (never owned or collected payments itself), technically they can't assign what they never had (beneficial interest). It's also a big problem for them to assign a non-performing loan to a trust, because that means somebody is not acting in the beneficial interest of the trust and therefore cannot be acting as agent for the trust in accepting this assignment. I wish I had a law degree, I would be making tons of money off these thieving SOBs!
 

susanm

LoanSafe Member
Jan 12, 2011
28
0
0
BofA_hater: Well I will tell you this debacle with my mortgage/bank of america loan modification has inspired me to register for classes at the community college for an AA degree in Paralegal. You might be interested to know that California is one of seven states that has a 'Law Office Study Program' where you can basically apprentice with a licensed attorney who has been in practice for a minimum of five years. The requirement is 18 hours a week for 4 years at which point you are eligible to take the bar exam. I'm not interested in running up hundreds of thousands in debt and sitting in a classroom for traditional law school but the 'law office study program' is something that I am considering. California Lawyer magazine June 2011 issue has a good article about the program.
 

susanm

LoanSafe Member
Jan 12, 2011
28
0
0
I sent the email to [email protected] last night and it hasn't been bounced back yet. I'll let you know if she responds to the email.
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stephanies

LoanSafe Member
Jan 24, 2011
124
0
0
Can any of you help me understand why B of A would still be using someone's name off of the list of robosigners that is out there published - thank you BofA Hater for providing that, as I was able to find the website that it was from...

I just went on my county's website - non judicial state - and saw that my 1st was just recorded with an assignment of deed from MERS to B of A, NA. Original lender was countrywide, which is the only reference to who owns the note on the assignment... my research has shown that MERS as of earlier this year had Merrill as my investor, when the loan was funded prior to closing in 2007. But I have not been able to find my loan number in a trust anywhere....nor was it on the letter that Bof A sent out this summer when changing servicing from BAC to B of A....I know that my loan was intended to be securitized, from the Merrill reference as investor, but have been denied even getting into a mod program, after being strung along by B of A for 2 years!

So, I am trying to determine my next steps and strategy right now- goal is to stay in house as long as possible, with any hope of a mod would require principal reduction to have it make sense....

Went late on 1st in August - with no NOD yet....B of A has been strangely quite on the 1st being late - but very vocal on the 2nd ( they own that one ) being late, with even sending someone to my house twice last week with a letter about the 2nd...

Any thoughts from the forum on my next steps? And why would B of A still be using a person on this robosigner list to sign on behalf of MERS, to have everything assigned now to B of A? Are they assuming that in a non judicial state, there would not be any contest to the validity of the MERS assignment?

Lastly, I have been unable to find any info on who has 'authority' at MERS, to act on their behalf? I have seen cases and precident set in CA earlier this year where the judges upheld that MERS had the authority to assign a deed of trust ( if original docs indicated they could ) but it does not say anything about who can 'act on MERS behalf'? Is it really possible that anyone, for $25, can become a "VP" or " assistant secretary" for MERS, and do an assignment that assigns the deed to the servicer that has been collecting on the loan? And that was initiated by the Servicer, like B of A?
 

susanm

LoanSafe Member
Jan 12, 2011
28
0
0
560,000 foreclosures in California in the last 11 months according to CA State Attorney General Kamala Harris. I would be very surprised if many of these 560,000 homeowners challenged their foreclosures as it's complicated and the banks know this. I spoke to an attorney yesterday who quoted me a fee of $3000.- 5000. retainer and $1000. -1500 a month until settlement. Really? My annual salary is approximately $35,000. Who can afford this? That is what the banks are counting on.

My last payment was January 2011. I was offered and accepted a loan modification from Bank of America in April 2010. I complied with all of the terms. Made 14 payments. The loan modification was unilaterally rescinded in January 2011.

I regularly send letters to the Comptroller of the Currency and CA State Attorney General Kamala Harris. Most recently I was advised by the HAMP Resolution Center (which claim they are part of the U.S. Treasury Dept.) that my case has been 'escalated' to Fannie Mae. They didn't even have knowledge of the April loan modification agreement and asked me to send a copy so I'm not confident that they are going to help me or that they have any enforcement authority. I haven't received a NOD. I'm fighting this not even necessarily because I want to keep my $190,000. underwater house but because I want to hold Bank of America accountable.

Write to Kamala Harris and express support for her mortgage fraud investigation. Ask her not to sign on to the 50 State Attorney General settlement that President Obama is pushing and cc it to President Obama and Governor Jerry Brown.
 

BofA_hater

LoanSafe Member
Jun 28, 2011
33
1
0
Stephanies, My guess is that BofA is just playing the numbers game. I read that about 4% of foreclosures are contested, in the rest the homeowner just gives up and leaves. Nothing wrong with that, if it's a walk on purpose from an underwater house, but lots of people are just having their homes taken without questioning anything. So BofA may/may not know certain people have been listed on robosigner lists, and just don't care and figure it's unlikely the homeowner will do anything about it. I've seen assignments from the infamous Linda Green popping up, even in 2011! Why? My guess is that these are forged signatures, somebody somewhere is just signing using an outdated "MERS officer" list and is so out of the loop that they haven't heard she's in deep trouble. BofA might be being more vocal on the 2nd because it's their loan that they own, money directly out of their pocket. And yes, that's typically the way the "MERS officer" thing works, the servicer pays a small fee to have one of their own employees act as signing officers for MERS. So what this amounts to is, if you're a bank, you can authorize some low level temp/employee to sign over properties from MERS to you (even if the note doesn't belong to you). There have been cases where more than one bank has assigned a single deed to itself, because nobody really knows who owns what once it enters the MERS system and sloppy record keeping and failure to assign the note obscures who is the true owner. The bottom line is this: a decent attorney can often get these assignments declared invalid, for a wide variety of reasons. MERS is a record keeping system, in many cases they never physically received the notes nor did they pay anything for them, and are not a beneficial party of interest. This means that it is questionable whether they can actually assign beneficial interest, when they themselves never had it. The fact that the banks are assigning assets over to themselves like this, I think is blatant in-your-face fraud. They typically get away with it because few people will challenge it. Your best bet right now is to sit tight and collect as much information as you can, particularly any information on what trust your loan was in. Where have you been searching for it? I'm trying to find mine and having no luck either.