Friday, September 30, 2011

American Homeowners: "We've Had Enough"

            OUTRAGE to ACTION - Homeowners say "Enough"
 More and More people take to the streets - tired of big banks "legal shakedown"
 Looting Main Street Rolling Stone & Victor Juhasz

Everyday OHIO FRAUDclosure blogspot receives emails ....from ordinary American Homeowners. The emails....surprisingly come.... from all 50 states and always contain a simple request - please help!

The story's are frightening, compelling and heartbreaking. Each morning, after reading through just a few of these emailed stories ...a feeling of sadness and heartfelt compassion (for homeowner) is followed up by an overwhelming feeling.... of outrage!

I know....through this blog...I can only do so much. We've had some successes - by matching up some really good foreclosure Attorneys ....with homeowners ....that have been criminally abused by the Banks, Mortgage Servicers and the Court System.

For OHIO Homeowners - we've made a major impact through our groundbreaking action....of being the only known social media source to have submitted an Amici Brief to a State's Highest Court. (HERE: in US Bank v Duvall). We helped draw, via the Internet and this blog, much needed attention and legal arguments to an otherwise unremarkable and unnoticed case. At the time of our first post (HERE) there was NO COVERAGE through existing mainstream media sources (Newspaper, Radio, or TV). We can only hope that we've helped shape future outcomes and case law, and level the legal landscape in a positive manner. We believe our efforts benefit ALL OHIO homeowners, which continue to suffer the indignity of FRAUDulent foreclosure and other criminal acts and behaviours perpetrated by "Wall Street"

Beginning today, choose to support ANY EFFORT that is willing to stand up against the Big Banks and their FRAUDclosure Machines. Regardless of your city or State...YOU MUST help!

I challenge anyone ...to watch the below videos ....and continue to do NOTHING.
Lets take back MAIN STREET......by taking down .......WALL STREET

                           OCCUPY WALL STREET
Zuccotti Park, has unexpectedly become a headquarters for thousands of people from around the US to peacefully demonstrate within view of the financial district & Wall Street
                   People are gathered here....to protest..... financial inequity!
Watch this Keith Olbermann Countdown segment with filmmaker Michael Moore



Sept 24th - 80 Arrested as Financial District Protest Moves North
Sept 27th - Park Gives Wall St. Protesters a Place to Call Home
Matt Taibbi - Rolling Stone - 'Occupy Wall Street': Drawing the Battle Lines

STAND UP......BE HEARD......DO SOMETHING
Just Watch the below - Last Word Segment from MSNBC's Lawerence O'Donnell
You won’t see this Video, Coverage or Commentary in the mainstream news



10-1-11        OCCUPY WALL STREET    Boston, MA.
BOSTON - 10-1-2011   Police have arrested two dozen protesters of the over 3,000 activists for trespassing during a demonstration against Bank of America's foreclosure practices at the banking giant's offices in downtown Boston
Tone deaf and overpaid  Bank of America spokesman T.J. Crawford:
                        "This is a publicity stunt"
Really T.J...a publicity stunt..can't wait to hear from you on the new $5 a month debit card fee!


Our two fellow activist bloggers from Florida...Chose to MAKE A DIFFERENCE
Lisa (of Foreclosure Hamlet) and Michael (of 4closurefraud) are featured here:

Thursday, September 22, 2011

Ohio Supreme Court's Shocking Decision in Landmark Case

               U.S. Bank National Assoc. v. Antoine Duvall et al.
                                                        CASE Number 2011-0218     

                    CASE DISMISSED as MOOT
   
A Simple question was before the OHIO SUPREME COURT JUSTICES:

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's highest court  - took the easy way out  - with a simple one page ruling 
(HERE) which completely avoids succinctly resolving this issue and now leaves a number of identical cases and litigation - still before them. We had heard from a multiple of sources, attorneys, and "insiders".... that this was the best and easiest "way-out" and a "back- door" solution for Ohio's Highest Court and Judges. The court - once again "buried" the no decision on the LAST PAGE (15th) of Case Announcements(HERE - on the fifteenth and last page under MISCELLANEOUS DISMISSALS)

The MOOTNESS decision was a predicated result, after a well planned out and orchestrated effort to get this case "Kicked." You see US Bank NA had failed in their three (3) previous attempts to FRAUDulently foreclose  - on the DUVALLS (with a phony undelivered and improperly indorsed note along with a post filing FRAUDulent robo-signed mortgage assignment)


*Attorney Gary Cook and Antoine Duvall
So after initially "Certifying a Conflict" as a way to get this case heard by the court ....the ending (DISMISSAL) from Ohio's Supreme Court... was short and simple:

...........Upon consideration of appellees' Notice of Suggestion of Mootness, IT IS ORDERED by the Court, that this case is DISMISSED as MOOT........(Right Click HERE & open in a new tab )

HOW had DUVALL's three year legal battle......suddenly become MOOT ???

How was the "CASE of the CENTURY" .....suddenly and quietly dissmissed ???
Well it appears that Wells Fargo and US Bank decided to satisfy (pay in FULL) the Duvall mortgage once they realised that this case would be scrutinized at the highest Level (and all the Fraud Exposed) See (below) a copy of the suddenly satisfied mortgage - and a change from a predator drone foreclosure mill fraudsters to a financial "Santa Claus" 

......all of the above ...... triggered our previous below 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
Please read our other Commentary and Posts (Below) on this Landmark Ohio Case

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


OHIO SUPREME COURT - to make landmark decision


"CASH REGISTER JUSTICE" by Outstanding Florida Attorney Matt Weidner
…..”The banks just cannot allow major decisions to be reported. The banks will not allow the probing light of justice and truth to shine on what they are doing….so anytime they get backed into a corner with a bad case, they simply pay the mortgage off and walk away….calculating, cold and swift….like a predator drone strike….at the heart of our Constitutional Rights. And just think about the profound impact of having major cases just disappear from high court dockets”………
(Matt coined the phrase - ROBO-SIGNING - and helped expose this fraudulent practice and raise awareness on this issue .....to a national level)

and HomeEquity Theft Reporter: (Click on Headline and detailed Commentary below)
F'closing Banksters Score Another Big 'Win' As Lender Dodges Bullet, 'Games' Judicial System, 'Buys Off' Homeowner; Ohio Supremes Declare Issue "Moot"
.
.......Foreclosing banksters throughout the U.S. are presumably in a celebratory mood as they have recently succeeded in buying off another homeowner in foreclosure who had the temerity to bring a dubiously-conducted foreclosure case to the attention of a state supreme court
......Interestingly, according to footnote 1 of U.S. Bank's Memorandum regarding notice of suggestion of mootness, counsel representing the bankster in this case notes that it also represents the banksters involved in the other two cases. It remains to be seen if the banksters in those cases are equally successful in 'buying off' the respective homeowners in foreclosures.....'

......MUCH MORE TO COME.....
 Photo appears courtesy of Ohio Public Radio Station WCPN 90.3, Mhari Saito, NPR (ideastream)

Tuesday, September 13, 2011

ARGENT Mortgage - Cleveland Criminal Trial - Jan 9 2012

   MAIN EVENT (Settlement Date?): Monday January 9th, 2012
                                                   TIME:     9:00am
                                                       CRIMINAL "Heavyweight" Fight
                                                       WALL STREET  vs  MAIN STREET
                                                    (Argent Mortgage) vs (Homeowners)

All 13 received Continuances on 11/14/11 for settlement attempts on-going Discovery
The "lucky 13" previously received Continuances on 9/15/11 for on-going Discovery* 
                  *(the Prosecutor was in another court case....and could not attend)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 defendants 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 bustedmugshot.com, Cuyahoga County Jail or mugshotsonline.com

Friday, September 2, 2011

FHFA Set to Sue Big Banks and Wall Street Firms

            
Explosive News.…. or …........Flash Bang …....you decide 

UPDATE: Friday 9/2/2011
17 Financial Institutions named in Lawsuit Filed in Manhattan Federal Court
    
According to  HEADLINE the
Something is NOT right! This "Announcement" of lawsuits (NOT yet filed) filed on Labor Day Friday simply DOES NOT pass the smell test. Something is really wrong here! I guess we'll find out the "real reason" for this explosive (news? lawsuit? diversion?) in the coming:
1) Days (from the Federal Housing Finance Agency - Really!) or intertwined in Obama's "Job Creation" speech being allowed next Wednesday?, or Thursday by John Boehnor
2) Weeks (When we see the 50 state {46} AG settlement {forgiveness figure})
3) Months (When the bloggers, pundits, & non "Bank Speak" media tell us the real reason)
HELLO  - Matt Taibbi - of Rolling Stone...can you take my call? and give me the real story! Regardless, I'll post your full article with the TRUTH (for this major smokescreen) Hopefully you will be releasing it in the September...oh darn...I mean... October issue.
HELLO  - Yves Smith - of Naked Capitalism please post the truth....ASAP

UPDATE: Friday 9/2/2011
17 Financial Institutions named in Lawsuit Filed in Manhattan Federal Court
The institutions are listed alphabetically below:
  1. Ally Financial Inc (formally GMAC, LLC )
  2. Bank of America Corporation
  3. Barclays Bank PLC
  4. Citigroup, Inc.
  5. Countrywide Financial Corporation (KNA Bank of America Corp.)
  6. Credit Suisse Holdings (USA), Inc.
  7. Deutsche Bank AG
  8. First Horizon National Corporation
  9. General Electric Company
  10. Goldman Sachs & Co.
  11. HSBC North America Holdings, Inc.
  12. JPMorgan Chase & Co.
  13. Merrill Lynch & Co. (AKA - First Franklin Financial Corp.)
  14. Morgan Stanley
  15. Nomura Holding America Inc.
  16. The Royal Bank of Scotland Group PLC
  17. Société Générale
According to the reporter - Nelson Swartz: "the suits" will argue the banks, which assembled the mortgages and marketed them as securities to investors, failed to perform the due diligence required under securities law and missed evidence that borrowers’ incomes were inflated or falsified. (REALLY!)
MORE SHOCKING:......Besides the "angry investors" (Say Who?) the long asleep at the wheel and paid-off 50 state attorneys generals (zzzzzzz) are in the final stages of negotiating a settlement (soft landing - minuscule payout) to address abuses, crimes and out right fraud perpetrated by the largest mortgage servicers, including Bank of America, JP Morgan and Citigroup. The attorneys general, as well as federal officials, are pressing the banks (to make political donations or have) to pay at least (a paltry) $20 billion, with much of the money earmarked to reduce mortgages of homeowners facing foreclosure. (Not a fuxxing chance!...who are they kidding...like the banks will look hard to find that homeless family..... and give them their $85 settlement check!)
"SMELL TEST" FAILURE:
Bank officials also counter that further legal attacks on them will only delay the recovery in the housing market, which remains moribund, hurting the broader economy. Other experts (who are these experts?) warned that a series of adverse settlements costing the banks billions raises other risks, even if suits have legal merit. YES YOU READ IT RIGHT - LET THE CRIMINALS GO FREE - OTHERWISE -THE ECONOMY WILL SUFFER!
Bank Speak: “While I believe that F.H.F.A. is acting responsibly in its role as conservator, I am afraid that we risk pushing these guys off of a cliff and we’re going to have to bail out the banks again,” said Tim Rood, (who worked at Fannie Mae until 2006 and is now a partner at the Collingwood Group, which advises banks and servicers on housing-related issues) FOX IN SHEEP'S CLOTHING ASKED TO COMMENT  - ON THE HEN HOUSE  - HE USED TO HELP WATCH OVER (WOW!)

3 Insiders responsible for timely leak : “according to three individuals briefed on the matter" [T]he suits stem from subpoenas the finance agency issued to banks a year ago. (Yawn !)

The "Bad Economy" Excuse and Phony Fraud "Cover-Up" language: ..But privately, financial service industry executives argue that the losses on the mortgage-backed securities were caused by a broader downturn in the economy and the housing market, not by how the mortgages were originated or packaged into securities. (Are you Fuxxing kidding me!..What insiders...said this!!) In addition, they (who?) contend that investors like A.I.G. as well as Fannie and Freddie were sophisticated and knew the securities were not without risk.

Some sobering Numbers from the two companies taxpayers own - As of June 30, 2011:
FREDDIE MAC holds more than $80 billion in mortgage backed securities
(backed by "crappy" and "Shxxy" sub prime mortgages, Option ARM and Alt-A loans). 
FANNIE MAE holds $38 billion of mortgage securities
(backed by Alt-A and sub prime loans)
The combined $120 BILLION portfolios - expect $35 BILLION (29%) to be worthless

I have to go now ..as ...I'm "throwing up" in my mouth (as my daughter describes this nausea)
Below is more coverage of this "NEWS"

Forbes: Banks Face Painful New Mortgage Lawsuits, U.S. May Seek Up To $30 Billion In Losses

ZERO HEDGE BLOG : Tyler Durden  (He too... questions this..suspect announcement!)