Showing posts with label Foreclosure Hamlet. Show all posts
Showing posts with label Foreclosure Hamlet. Show all posts

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)

NOW THE SHOCKING and DETAILED EXPLANATION
FULL REPORT and the UNVEILING of the FRAUD
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)


Saturday, December 24, 2011

My personal HEROES in the FRAUDclosure Battle

My personal HEROES and the inspiration behind the start-up of OHIO FRAUDclosure Blog
Matt Weidner, Tom Ice, Lisa Epstein, and Martin Andelman

Today I'm humbled and honored ...to intersect ...with all my Heroes... in a podcast.
Link below to the 30 minute audio podcast.....
FRONT LINE NEWS, A Mandelman Matters Podcast – December 23, 2011

Listen-up folks....I was just another FRAUADclosed upon homeowner...... living in Ohio, when exactly 8 months ago (April 23, 2011) I tried to thank, in a post, some people that had inspired me. These individuals gave me the courage needed to stand-up and be heard (by blogging)  
I wrote back then:
..........I must give a "Shout-Out" and public "Thank You" to attorneys that have given me courage and inspiration to take this first step (Blog). A THANK YOU - to the individuals below - is simply not enough. They are the brave ones that accepted and took up the fight, long ago. They paved the way for those of us that followed. The below attorneys have been waging legal battles in FL. courtrooms, and uncovering crimes by revealing the massive FRAUD being perpetrated in foreclosures.They have been dealing with these issues much better and longer than we have (in OHIO). They continue to change law, awaken lawmakers, save homes and improve the lives of thousands of people. Floridians, these are your state's heroes!
Florida Attorneys That are Ground-Breaking Legal Representatives - For the People!
Matt Weidner (Weidner Law)
Tom Ice (Ice Legal)

In the meantime, I knew there was this AMAZING gal (Lisa Epstein) down in West Palm Beach with a cool website - Foreclosure Hamlet - that was loaded with foreclosure defense information. Lisa can only be described - as a person with unbelievable courage. She, like me, had been going through an awakening of the FRAUD in foreclosure. But instead of "hiding in the shadows" or being allowed to be labeled as a victim, Lisa took action. She wrote letters, went to the courts, uncovered fraud, challenged the system, notified the Florida State Attorney General's Office of the Fraud upon the courts. She went to her State Senators and Representatives.....and knocked on congressional doors and called attorneys....and fought on...and on...day and night. No matter what the odds....or size of the enemy....she refused to back down. In the same post (of April 23, 2011) I feebly tried to thank Lisa... and promising to post some of her inspirational work...I said:
...... And finally we will focus on Lisa Epstein, the Rosa Parks of Foreclosure. She refused to "give up her house," or be pushed aside or out of the courtroom. She is truly a hero and you will be inspired (as I was) by her story. I will dedicate a couple posts to her, as she has forever changed the landscape for those in Foreclosure
I've failed to feature my hero (Lisa) in a post....but she continues to inspire me.... daily .....
actually you can check out the whole April 23rd, 2011 post below:
 OHIO FRAUDclosure - A Thank You to FLORIDA Attorneys

Lastly, I had planned for some time to have a special blog post featuring my friend ....Martin. It is still a planned and upcoming post...but in the meantime.....rewind three years back. I'm in the midst of my own personal FRAUDclosure fight, when late one night I stumbled upon this amazing writer and blogger - Martin Andelman. Man could this guy write! He seemed to take all the complexities of the financial crisis and near wipe-out and meltdown (still in progress) of the US Housing market...and somehow.....make some sense out of it. I would read and re-read each of his posts. It was amazing how he could take a serious topic (Obama HAMP program) and make it......I have to admit.... really funny. First he would write about the serious side of the issue - then have you laughing out loud - then walk you to a point of being mad - to damn mad - to crazy mad .....and then to....well kinda back...full circle to the topic at hand. He left you wondering, thinking, and asking questions. He has this artistic writing style that seems to empower and give each of us the ability to NOT accept the government's sound bite answers(lies) being spewed 24-7 by the traditional media. One thing that came through...in each of his posts (Now numbering 520+) was the breadth of his knowledge to go along with his ability.... to simplify it all.....in a Mandelman Matters blog.

Today I'm humbled and honored ...to intersect ...with all my Heroes... in a podcast.
Link below to the 30 minute podcast. And please...start reading...Mandelman Matters
FRONT LINE NEWS, A Mandelman Matters Podcast – December 23, 2011

FIRST UP…

A favorable ruling from Florida’s Supreme Court in the Pino Case… what does it potentially mean to homeowners across the country and the foreclosure mill attorneys whored by the banks to pursue the many thousands of foreclosures that happen each day in this country. Florida foreclosure defense attorney, Matt Weidner and Lisa Epstein of ForeclosureHamlet.org join me to explain the significance of the decision.

SECOND STORY…

A popular blogger, Marco, from OhioFraudclosure.blogspot.com, went over and above the call of duty when {the day after}Occupy Wall Street’s first foreclosure recognition day {Dec 6th}, he managed to stop a homeowner from being evicted. Marco joins me from Ohio, so you’ll hear the whole story straight from the horse’s mouth, so to speak.

Just click the PLAY button below and in just 30 minutes you’ll get the details from the experts that know the significance that lies behind the headlines and the sound bites.
 (PLAY HERE to Listen, Open or Save as MP3 file (Download MP3)