Posts Tagged ‘fraud’
Federal Lawsuit to Dismiss Every Foreclosure Filed in America
Author: Matthew D. Weidner, Esq.
SUE THE USA FOR THE MORTGAGE MESS!
Wow! Every once in a while I read something truly mind blowing…totally off the wall and completely revolutionary. I found that just a few minutes ago in a lawsuit filed by private citizen Paul L. Muckle and suing Barack Obama, George Bush, Timothy Geithner, Henry Paulson, Sarah Palin and the governors of all fifty states…that’s ballsy!
All 106 pages of this masterwork can be found here. Although it is drafted by a layperson, it really is brilliant and lays out quite remarkably a variety of causes of action that could (on a longshot) and probably should be pursued against all the elected and appointed leaders who were complicit from the very beginning in the financial fraud that brought this country to its knees. As this crisis continues (and the truth of the matter is its quietly getting worse), we owe it to ourselves to read this lawsuit and at least understand some of the allegations.
Fraud, lies, conspiracy and treason!
The mess that is our current financial, banking and mortgage system is more than even the most sophisticated person can possibly comprehend. I spend ten hours a day working on this problem and the deeper you dig, the more complex, convoluted and mysterious it becomes.
Take a moment to read it….staggering.
Indymac Bank Fraud- Deposition of Employee That Proves It All!
Author: Matthew D. Weidner, Esq.
If you’re facing foreclosure, or are interested in mortgage modification, deed in lieu or short sale issues related to property, especially in Florida, you should be aware of massive, wide scale fraud that permeates the entire mortgage industry. As the mortgage market exploded and lenders across the country were tripping over one another in a mad orgy to make mortgages, agents and employees of the lenders committed fraud from the begining of the process selling the loan to the homeowner all the way through to the packaging and selling the fradulent loans to end investors.
Lost Notes, False Affidavits of Amounts Due and Owing, Fraudulent Assignments of Mortgage
Now lenders trying to foreclose on these fradulent mortgages must continue the lying process in order to try and collect on the fradulent mortgages. The lies come in all shapes and sizes from itty bitty lies (I’m a vice president of Indymac Bank and we’re owed $100,000) to big fat whopper lies (I’m an officer of Indymac Bank and I’ve assigned the mortgage to US Bank.) The attached deposition transcript of Erica A. Johnson Seck illustrates precisely how the fraud occurs and shows how the fraud is ongoing. If the same questions were asked in every foreclosure case, the same facts would show up in a large majority of foreclosure cases that are currently pending in courts across the state….the person that has signed documents that form the case against the homeowner has absolutely no basis to make the statements or sign the affidavit. The end result should be a dismissal of all foreclosure cases where these facts are proven.
The deposition is a fascinating read and the entire deposition transcript can be found here.
Click on my website for more information at www.mattweidnerlaw.com
Florida’s Foreclosure Fraud Rescue Prevention Act
Author: Matthew D. Weidner, Esq.
The Florida Legislature recently found that homeowners who are in default on their mortgages, in foreclosure, or at risk of losing their homes due to nonpayment of taxes may be vulnerable to fraud, deception, and unfair dealings with foreclosure-rescue consultants or equity purchasers.
In response, the Legislature passed Chapter 501.1377, The Foreclosure Rescue Fraud Prevention Act, (the full text can be found here) the intent of which is to provide a homeowner with information necessary to make an informed decision regarding the sale or transfer of his or her home to an equity purchaser. It is the further the intent of the law to require that foreclosure-related rescue services agreements be expressed in writing in order to safeguard homeowners against deceit and financial hardship; to ensure, foster, and encourage fair dealing in the sale and purchase of homes in foreclosure or default; to prohibit representations that tend to mislead; to prohibit or restrict unfair contract terms.
Under the law an “Equity purchaser” means a person who acquires a legal, equitable, or beneficial ownership interest in any residential real property as a result of a foreclosure-rescue transaction.
A “Foreclosure-rescue consultant” is a person who directly or indirectly makes a solicitation, representation, or offer to a homeowner to provide or perform, in return for payment of money or other valuable consideration, foreclosure-related rescue services.
And “Foreclosure-related rescue services” means any good or service related to, or promising assistance in connection with Stopping, avoiding, or delaying foreclosure proceedings concerning residential real property; or Curing or otherwise addressing a default or failure to timely pay with respect to a residential mortgage loan obligation.
Finally, “Foreclosure-rescue transaction” means a transaction by which residential real property in foreclosure is conveyed to an equity purchaser and the homeowner maintains a legal or equitable interest in the residential real property conveyed, including, without limitation, a lease option interest, an option to acquire the property, an interest as beneficiary or trustee to a land trust, or other interest in the property conveyed.
It is important for realtors, title agents, attorneys and especially homeowners to understand the new law and its broad application to just about any interaction between a homeowner and any party who provides any service to that homeowner. For questions about the law or to determine whether the law applies to your conduct or any other party, you are encouraged to visit the website of the Florida Attorney General here.
