Tuesday, February 21, 2012

US Bank V Duvall - Who really paid the mortgage?

You remember OHIO's Landmark Case
U.S. Bank v. Duvall: (Brief Case History below)
First a Cuyahoga County Civil Court (Cleveland) then an Ohio District Appellate court (8th) dismissed this case.... because US Bank (as trustee) hadn’t proved it owned the note and mortgage BEFORE it filed the foreclosure complaint. 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 where the appellate courts had misinterpreted or misapplied Ohio Law. US Bank used these poorly decided cases and requested the Supreme Court of Ohio ...to certify a conflict.... of Ohio Law.

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

But as the case received more exposure ...it became apparent....the FRAUD was going to be exposed (transfer & assignment of mortgage) ...or worse....have OHIO's highest court..... realise..... 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 ....
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 dismissed ???
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 a copy of the suddenly satisfied mortgage ! 

This outraged our FL. friend - His commentary & blog on this Landmark Ohio Case

"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)

Exclusive from our friends Lisa (Foreclosure Hamlet) & Mike (4closurefraud) and
Lynn Szymoniak (Fraud Digest)

Mr. Duvall’s case went all the way up to the Ohio Supreme Court, where the fraudclosing entity realized the weakness of their position and the possibility of a state Supreme Court issuing a decision that would prevent fraudclosures across Ohio. The fraudclosing bank {US Bank using Wells Fargo Servicing} and their {Predator Drone}Foreclosure mill attorneys {Thompson - Hine} knew they were caught with fabricated, fraudulent real estate documents. They were concerned that, under the scrutiny of Ohio Supreme Court judges, there would be a little problem with the lack of authentic, valid, legal proof of their right to foreclose. In order to moot the case, US Bank as Trustee and/or their fruadclosure mill offered a settlement that was too good to refuse which included the wiping out of the mortgage with a satisfaction recorded in the public records. Both parties informed the Ohio Supreme Court of their desire to drop the case. The Ohio Justices allowed the case to be dropped.

So just like Florida's Pino case (reported yesterday), banks will go to great lengths to avoid facing a court populated by a majority of judges who may not be bank-puppets. Of course, it’s becoming more and more known (even to judges) that widespread securtization fail (lack of proper, legal, contractual conveyance of mortgages and notes) was one of the stops on the way to millions of fraudclosures (fabrication of real estate documents & fraud upon American courts to cover-up for securitization fail).

The investors were notified in a timely manner of the….ahem…."liquidation” of this “asset” but boy…oh….boy did they take a loss on this one.

Let’s break it down shall we?
Trust: US Bank as Trustee for Citigroup Mortgage Loan Trust Inc. Asset-Backed Pass-Through Certificates, Series 2007-WFHE2
Servicer: Wells Fargo
Securitization Fail/Fraudclosure clues: Two Fraudulent assignments of mortgage,
one fabricated in 2008 (South Carolina Wells Fargo document signer Anita Antonelli )
one fabricated in 2011 (Minnesota Wells Fargo document signer Scott Heurkins)
Original mortgage: $90,000
The June 2011 report (page 16) shows Mr. Duvall’s loan (# 0157265091)
as incurring a loss of  $124,595.99. 
Broken down as $88,511.78 in principal losses and $36,084.21 ("delinquent interest")

It shows this loss as a hit to the investors to the tune of 140.768 %. 
Total loss to MBS investors (remember this might be your or your loved ones’ retirement funds or your county’s funds for making payroll to public employees)? $124,463.99

Think a moratorium on fraudclosures is warranted so we can investigate these newly uncovered layers of fraud and come up with sustainable solutions for families and investors while indicting the financial criminals? Maybe if we insist and demand this now we can save both American families and our retirement/pensions/municipality investments from continued harm

READ the rest of the report with exhibits (HERE)

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