Monday, August 29, 2011

U.S. Bank National Assoc. v. Antoine Duvall on NPR Radio

TO:                        SUPREME COURT JUSTICES of the STATE of OHIO
FROM:                                      ALL OHIO HOMEOWNERS
RE:              U.S. Bank National Assoc. v. Antoine Duvall et al.
                                                     CASE Number 2011-0218       

To have STANDING, as a plaintiff, in a mortgage foreclosure action, must a party show that it owned the NOTE and the MORTGAGE when the complaint was filed?

PREVIOUS ANSWER:   YES - Plaintiff must own the NOTE and MORTGAGE
WHY for the 4th time - in this case - is the same question before the court ?

Although this question has been repeatedly asked and answered - somehow - you have allowed the big banks to reintroduce the question, and have yet another opportunity to twist the law - in your court (surely you can't be bought......can you?).
Will you honor your oath of office and do the right thing? Will you uphold the LAW?
Will you allow a "Wall Street" destruction to Ohio Land, Title, & Property ownership?

Latest media coverage via NPR Award Winning Journalist & Reporter MHARI SAITO**

OH Supreme Court to Decide ‘What Documents Banks Need to Foreclose?

Attorney Gary Cook and Antoine Duvall
 Photo appears courtesy of Ohio Public Radio Station WCPN 90.3, Mhari Saito, NPR (ideastream)

Brief Case History of U.S. Bank v. Duvall:
Both a Cuyahogo County Civil Court (Cleveland) followed by an Ohio District Appellate court (8th) dismissed the case against Duvall because US Bank (as trustee) didn’t prove it owned the note and mortgage BEFORE it filed the foreclosure. A third attempt was made by asking the Supreme Court to reconsider the Appellate Courts decision. That too was declined. In a final desperate attempt to change existing law, the Predator Drone Foreclosure Mill law firm found some Pro-Se defended cases that had misinterpreted or misapplied Ohio Law. US Bank used these poorly decided cases to request the Supreme Court of Ohio to certify a conflict in Ohio Law.

But the FRAUD would be exposed in this case in seeing the transfer & assignment of mortgage ...or worse, to have the court see..... that the NOTE was never properly or legally transferred to the TRUST. So the easiest and best solution - pay it off and cover up the fraud. Then simply ask the court to dismiss this case .... See this ploy - below - from our previous post:  

Ohio FRAUDclosure blogger brief to Supreme Court of Ohio
In an effort to "Blindfold Lady Justice" and twist the legal arm of the state's highest court US Bank NA "PAID IN FULL" (satisfied) the Duvall's underlying Mortgage balance in an attempt to force Defendant homeowner counsel, along with plaintiff (Predator Drone Law Firm) to both suggest: The case, decision, and underlying question....are now.... MOOT

Supreme Court of Ohio - If you need any help with American Property Law:
Read MASSACHUSETTS  HIGH COURTS decision with the EXACT same parties:

US Bank National Assoc. v. Ibanez, 458 Mass. 637 - Mass: Supreme Judicial Court 2011

...... [I]n September and October of 2008, U.S. Bank and Wells Fargo EACH brought separate actions in the Land Court..EACH asserted in its complaint that it had become the holder of the respective mortgage through an assignment made after the foreclosure {action}.....[W]e agree with the judge that the plaintiffs, who were not the original mortgagees, failed to make the required showing that they were the holders of the mortgages at the time of foreclosure. As a result, they did not demonstrate that the foreclosure sales were valid to convey title to the subject properties... and  their requests for a declaration of clear title were properly denied.

The case decision ends with....Judgments affirmed, and Judge J Cordy further adds....
I concur fully in the opinion of the court, and write separately only to underscore that what is surprising about these cases is.... the utter carelessness with which the plaintiff banks documented the titles to their assets. There is no dispute that the mortgagors of the properties in question had defaulted on their obligations, and that the mortgaged properties were subject to foreclosure. Before commencing such an action, however, the holder of an assigned mortgage needs to take care to ensure that his legal paperwork is in order. Foreclosure is a powerful act with significant consequences, and Massachusetts law has always required that it proceed strictly in accord with the statutes that govern it.

The type of sophisticated transactions leading up to the accumulation of the notes and mortgages in question in these cases and their securitization, and, ultimately the sale of mortgaged-backed securities, are not barred nor even burdened by the requirements of Massachusetts law. The plaintiff banks, who brought these cases..  have simply failed to prove that the underlying assignments of the mortgages that they allege (and would have) entitled them to foreclose ever existed in any legally cognizable form.

ORIGINAL POST (April 2011):
OHIO SUPREME COURT - to make landmark decision

Additional Commentary posted at: Home Equity Theft Reporter linked below:
Ohio Supremes To Decide Whether Foreclosing Party Must Own Both Note, Mortgage At The Time Complaint Is Filed

** Mhari Saito is an Award winning journalist and reporter currently based at public radio station WCPN in Cleveland, Ohio.  Mhari's awards include a NATIONAL HEADLINER AWARD for her “Toxic Loan” series. Additional she has received Ohio Associated Press Awards in 2010 and 2011 for investigative reporting and  continuing coverage categories for her series of reports including “How Cleveland’s Most Toxic Loans Ended Up in the Goldman Sachs’ Controversy” and for “Toxic Assets.” She has covered everything from Ohio's foreclosure crisis to the kids' band, "The Wiggles." Mhari started her radio career as a stringer for NPR in Phnom Penh, Cambodia, in late 1997. Then in Philadelphia at WHYY, Mhari received the prestigious Edward R. Murrow regional award for a series she produced on urban blight. Her work is heard on the NPR network and through OHIO’s ideastream and WCPN 90.3 a Cleveland Public Radio station.

Tuesday, August 23, 2011

ARGENT MORTGAGE - Cleveland Criminal Trial - Update !!

                                                         CRIMINAL "Heavyweight" Fight
                                                       WALL STREET  vs  MAIN STREET
                                                    (Argent Mortgage) vs (Homeowners)
                                     Pre-Trial Weigh-In:  9:00am THURSDAY August 25th 2011
Original Art & Graphics provided by PETE GRAFF

                                       "Destruction by Predatory Loans"
Read the true story of how Argent Mortgage ruined an American City in only 3 years !!

OHIO says enough !! - 9 Indicted from ARGENT MORTGAGE

"There was blood on the streets of Cuyahoga County. But it wasn't until there was blood on the streets of Wall Street that anyone cared."
Jim Rokakis - Cuyahogo County Treasure)

'This is going to become an epidemic,' and they sat on their hands. For whatever reason, they didn't act. But if you were looking, the handwriting was on the wall. If you were looking, it was obvious something was wrong."
(Tony Stevenson, a staff attorney with Housing Advocates Inc. in Cleveland)

"All the regulators knew what was going on. Regulators allowed loose lending to keep the economy going."
(Raj Aggarwal, dean of the College of Business Administration at the University of Akron

*All 13 named defendednts appeared at pre-trial hearings (July 11th - July 13th). All posted bond and were released per a CONTINUANCE request, of 6 weeks, to complete Discovery. The request was granted and the PRE-TRIAL hearing(s) are scheduled to begin at 9:00am on Thursday August 25th 2011.* Read 68 Page INDICTMENT (HERE)
                           James Sims    Karen Harris     Linda Warner   Gerald Spuzzillo
James "aka Jessie" Sims - Mortgage Broker - Bond set at $ 2,500
Karen Harris - Defendant - Bond - $ 5,000
Linda Warner - Ohio Appraiser - Bond - $ 5,000
Gerald Spuzzillo -Ohio Appraiser -  Bond - $ 2,500
Linda Warner and Gerald Spuzzillo - Ohio Appraisers, were indicted for falsifying appraisals on real estate deals submitted to both Argent and Long Beach Mortgage
Read: Spuzzillo Appraisal Company (GJS) inflated Property values (HERE 7-29-2006)
James Sims - allegedly an OHIO Mortgage Broker is facing multiple counts including Complicity, Aggravated Theft, and Tampering with Records
Karen Harris - is also named in the indictment and faces charges of Engaging in a pattern of corrupt activity, and property forfeiture

                               "ARGENT  9"
                       STEINKUEHLER      PORTER          SCOLA           FORBES
Gerald Steinkuehler - Argent Supervisor - Bond - $ 5,000
Kirk Porter - Argent Underwriter - Bond - $ 2,500
Michael Scola - Argent Account Manager - Bond - $10,000
Terry Forbes - Argent Supervisor - Bond - $ 2,500

                        PASTERNAK      MONGRIOTIS          SHAW           KOBUS
Angela Pasternak - Argent Account Manager -  Bond - $ 2,500
David Mongriotis - Argent Underwriter - Bond - $ 2,500
Deeanne Shaw - Argent Underwriter - Bond - $ 2,500
Denise (O'Brock) Kobus - Argent Account Manager - Bond - $10,000

Erin Foley (Ottaviano) - Argent Underwriter - Bond set at $ 2,500

"[This is] the first time in Ohio and...few instances nationwide that a mortgage fraud investigation has led to CRIMINAL CHARGES against [Argent Mortgage] employees {and} of a sub prime lender. The securitization and selling of these fraudulent, sub prime loans to Wall Street typified the rampant greed of the industry that ultimately led to the financial crisis " said Cuyahoga County prosecutor, Bill Mason

WE WERE WARNED !!  EARLY ON..... Yet - No one did a thing!!!

City's Housing glut allows Mortgage FRAUD to thrive 7-29-2006 - Mark Gillispie

As Decade Dawned signs of Crisis:   9-28-2008 - Roger Mezger

"Argent Mortgage - They ran it like a Boiler Room"  2-4-2005 - L.A. Times
Argent & Ameriquest customers filed more complaints with the Federal Trade Commission (FTC) from 2000 through 2004 than did those of two of its biggest competitors combined

* Information for this story and related postings are taken from public record(s), arrest record(s) and/or unsealed indictment. The named defendants appearing on this blog HAVE NOT been convicted (only arrested).  All are presumed innocent. Do not rely on this blog to make any determination as to any person's actual criminal involvement or criminal record. Opinions and commentary expressed, if any, are solely those of the blog author and have no legal weight or bearing in this or any related case(s). The booking mug shots appear courtesy of, Cuyahoga County Jail or

Tuesday, August 16, 2011

Ohio FRAUDclosure blogger brief to Supreme Court of Ohio

OHIO FRAUDclosure, an Internet "Blog Site," has submitted an Amicus Curiae (Brief) on behalf of ALL OHIO Homeowners in a landmark case US BANK NA v. DUVALL

This case and decision currently in front of the Supreme Court of Ohio - turn on the Question:

 To have STANDING, as a plaintiff, in a mortgage foreclosure action, must a party show that it owned the NOTE and the MORTGAGE when the complaint was filed?

OHIO FRAUDclosure blog and Ohio's 88 Civil Courts have repeatedly addressed this issue (linked below) and have answered the above question "in the affirmative" (Yes !).  However, US Bank NA, seems intent on spending millions in an attempt to get a second chance to change standing law in Ohio.

In an effort to "Blindfold Lady Justice" and twist the legal arm of the state's highest court US Bank NA "PAID IN FULL" the underlying Mortgage (Duvall) in an attempt to force Defendant homeowner counsel, along with plaintiff (Predator Drone Law Firm) to both suggest:
The case, the decision, and underlying question.....are now.... MOOT!

There are many more shocking developments we've uncovered- still to come !!

We will be updating the blog on this case (HERE) and will share interviews with attorneys and past defendants (in conflict cases) along with opinions from other "legal minds" weighing in on this landmark issue!

Our Amicus Brief (Linked below) was filed with the court on Mon. 8-15-11.  The brief was brilliantly crafted by Mahoning County based Attorney: BRUCE BROYLES.
(Right CLICK on LINK below to Read Amicus Curiae brief)
 Brief of Amicus Curiae filed by in support of Appellee

Definition of Amicus Curiae
Latin term meaning "friend of the court".  The name for a brief filed with the court by someone who is not a party to the case, and who has no relevance to any particular side in a case. Instead, they volunteer information regarding a point of law or something else relevant to the case that they feel may help the court in deciding a matter of great public importance.

"... a phrase that literally means "friend of the court" -- someone who is not a party to the litigation, but who believes that the court's decision may affect its interest."  William H. Rehnquist

ORIGINAL POST (April 2011):

OHIO SUPREME COURT - to make landmark decision

Additional Commentary posted at: Home Equity Theft Reporter linked below:
Ohio Supremes To Decide Whether Foreclosing Party Must Own Both Note, Mortgage At The Time Complaint Is Filed

Saturday, August 6, 2011


Watch Confessions to Criminal Acts by ALL 3 Linda Greens!!

                                                                                              Original Art & Graphics provided by PETE GRAFF

CBS 60 MINUTES - REPLAY of  FORECLOSURE FRAUD (Play segment below)

CBS 60 Minutes story ...that unveiled the "Crime of the Century"... FRAUDclosure 
 witness examples of FORGERY, FRAUD and admitted...... CRIMINAL acts !!!

DocX - Document "Sweat Shop" subsidiary of Lenders Processing Systems (LPS)
DocX - NOW CLOSED !!! this "paper mill" office ..... now considered...... a crime scene

"My registry is a CRIME SCENE as evidenced by this forensic examination...
I can tell you that every single assignment of mortgage that was recorded for the purpose of foreclosing the homeowner is invalid, overtly fraudulent, or criminally fraudulent. This is disgusting, and this is criminal" (John O'Brien - Massachusetts Register)
This CRIME ....has affected thousands of homeowners..their property rights trampled on and their chain of title compromised. This evidence has made it clear....  banks such as Bank of America, Wells Fargo, JP Morgan and others...... have played fast and loose with people’s biggest asset – their homes. My findings also show.....clouds on title due to the recording of defective and invalid discharges and assignments of mortgage.

Documents included 1,947 signed by Linda Green with 15 different signature variations
Register of DeedsThigpen sent state and federal regulators over 4,500 robo-signed documents submitted by DocX, a company owned by Lender Processing Services contracted by Wells Fargo, Bank of America, and MERS amongst others. See letter sent to Iowa Attorney General "detailing crimes" (HERE)

Marie McDonald (McDonnell Property Analytics) through a legal affidavit, explained the results of her independent audit of Register John O’Brien's registry. It reads in part:  ...."the banks set up in-house document execution teams, or outsourced the  preparation of their assignments to third parties who manufactured them out of thin air without researching who really owns the mortgage.… "What this means is that the degradation in standards fatally flawed that the institutions, including many pension funds, that purchased these mortgages don’t actually own them because the assignments of mortgage were never prepared, executed and delivered the normal course of business at the time of the transaction.
Lawyer Extraordinaire!Lynn Symoniak
A FRAUDclosure victim in the 60 minutes story but a "Hero" to homeowners.  Lynn has sacrificed for all of us - Great Job Lynn! Florida Homeowners in FRAUDclosure can contact Lynn Symoniak

Michigan AG
The attorney general said he is seeking information about documents signed by DocX employees both male and female FRAUDulently signing as “Linda Green.” “Allegations of forged mortgage documents are very serious and require a thorough investigation, I will continue to work closely with federal and local authorities to find answers

FLORIDA:                                    R. B. "CHIPS" SHORE - Manatee County - Clerk        As Florida’s foreclosure crisis continues, Manatee County Clerk of the Circuit Court & Comptroller, R.B. “Chips” Shore, suggests that property owners conduct regular and routine public records searches for faulty liens and other documents that may be filed against their property. As the foreclosure process and “foreclosure mills” came under scrutiny for inaccurate documentation and other issues, the need to show clear and accurate title to one’s property came to the forefront.
Who's authorizing the filing of FRAUDulent documents on Florida property owners?

Washington State Attorney General (Rob McKenna) filed a lawsuit against the Bank of America's "Recon Trust" for conducting ILLEGAL FORECLOSURES on THOUSANDS of Washington State homeowners. The suit alleges, amongst many charges, that "ReconTrust":

  • CREATED or permitted the use of documents that were FRUADulently and improperly executed, notarized or sworn to....and the notices and agreements contained conflicting dates and improper notarizations and ReconTrust employees sometimes FRAUDulently signed as officers of other entities.

  • "ReconTrust ... repeatedly broke the law and refused to provide information requested during our investigation," McKenna said. “ReconTrust’s illegal practices make it difficult, if not impossible, for borrowers ... to stop those foreclosures.”

  • Washington Attorney General sues ReconTrust for illegal foreclosures (press release here)

    Some examples of the Bank of America & ReconTrust documents below:                     
    (The Art & Science of Robo-signing (New & Improved Document Fabrication)

    Montgomery County Recorder of Deeds Nancy Becker is urging registers of deeds across state and the country to withdraw public money from any banks affiliated with the Mortgage Electronic Registry System (MERS), which she claims is undermining the practice of accurate land recording.
    "In recent years, mortgages have been assigned and reassigned multiple times, and when a bank or other entity doesn’t properly report these transfers, it makes it very difficult for homeowners to determine who holds their mortgages. It clouds the chain of title, and it’s prohibiting (officials) from recording revenues they should be recording," Becker said.

    OHIO: Sherrod Brown introduces SB-824 Anti- Fraud (Robo-Signing) Bill

    (Click below) Read this 35 page Senate Bill titled - Foreclosure FRAUD

    (Click below) Press release - Showing how this bill - has solutions - to stop FRAUD
    (Click below) OUTSTANDING letter outlining FRAUD and problems
    Outline-Explanation of FRAUD and Problem
    Please contact Mr Sherrod Brown (Ohio) by phone, email, or letter: Thank a hard working elected official for trying to to stop on-going SERVICER ABUSE & BANK FRAUD.
    Contact Sherrod Brown - Click Here