Foreclosure Defense Florida

Foreclosure Fraud- Video Examples of False Affidavits Filed in Courts Across The Country

You Can’t Have An Omelet If The Chicken Hasn`t Laid The Egg Yet!

A reader of my blog emailed me three short YouTube Videos that shows in black and white in papers filed in courts across the country how employees of law firms and lenders are creating false affidavits and assignments then submitting these in courts as part of the Bank`s campaign to take borrower`s homes even though they have not established the legal right to do so. I love his quote, which I have printed above and give him great credit for pulling together video and documents that demonstrate some of the notaryaffidavit fraud that is rampant in foreclosure cases around the country.   For those of you that have other examples, please send to me for posting.   If you are an attorney or someone interested at all in foreclosure and the fraud being perpetrated in courts across the country, take a few minutes to watch the  video.


What these clips demonstrate is how law firms file foreclosure cases on behalf of lenders but then don`t bother to have the proper paperwork they need to file the case created until after the case if filed.   I have previously posted information about a woman named “Erica A. Johnson-Seck”.   According to a deposition transcript taken of Ms. Seck and posted on this blog elsewhere, one of Ms. Seck`s primary job functions is to sign the Assignments of Mortgage that banks use to throw a borrower out of a home.   What these videos demonstrate is that there are a handful of people like Ms. Seck whose job it is to sit in offices across the country, signing documents allegedly on behalf of lenders and MERS, which documents then form the basis for the lender to throw the borrower out of the home. Examples of Affidavit Fraud Several problems are developing with these affidavits.   First, an affidavit must be based on a person`s personal knowledge.   As detailed in the depositions of these “Robo Signers” their knowledge is limited to scribbling something that resembles a name on a piece of paper.   They cannot possibly have personal knowledge of the facts they are swearing to given the volume of papers they are signing and the multitude of companies they are signing allegedly on behalf of. Next, as is demonstrated in the YouTube videos these documents, particularly the Assignments of Mortgage, are typically created after the lawsuit was filed.   Such post-dated assignments are becoming increasingly problematic for the banks and their shady lawyers because when an Assignment is dated after the case has been filed, that is an implicit admission that it did not exist (and thus the Plaintiff did not have a right to file the lawsuit) before the Assignment was executed.   Now, the shady lawyers and banks are trying to get around this pesky problem with creative language in the Assignments such as “This Assignment Occurred Prior to When This Document Was Drafted”, and they will eventually draft their pleadings so that they are not bothered by these pesky details, but for the millions of post dated assignments that currently exist and the tens of thousands of final judgments of foreclosure out there that such posted dated assignments were based upon, they are a real problem. Next, there are real questions about where the affidavits were physically signed and whether the witnesses and notary publics were actually present when these documents were signed.   Signatures which must be notarized must be physically signed in front of the Notary Public in order for that Notary Public to affix their notary seal and signature to that document.   We know from depositions and other evidence that in many cases, the Robo Signer sits in one room or one office while the Notary Public is in another office or building completely. And finally, we come to one of my favorite examples of affidavitevidence fraud.   Years ago I was in a final hearing before a judge when I noticed that an Affidavit was signed by an attorney that worked in the law office of the Plaintiff who was prosecuting the foreclosure.   The attorney admitted that the affiant worked in the office and in fact told the judge and I that they did it all the time. After the judge`s stern warnings, I sort of naively believed the practice might have stopped, but that belief was plain foolish on my part.   I`ve recently learned that this practice has picked up again with attorneys of Plaintiff`s law firms signing the critical affidavits their firm needs in order to prove up their case.   This is highly questionable behavior for advocates who have a duty to be truthful to the courts, but we`re learning every day that ethics, honesty and the integrity of the court systems are taking a back seat to the lenders and the institutions that are continuing to wreak havoc in communities across the country.

So what`s an attorney or consumer to do?   Subpoena.   If you`re in a foreclosure issue a subpoena to every person who has submitted an affidavit or executed an assignment or other document.   In many cases I think you`ll find that neither the lenders or the attorneys will allow that affiant to testify about their “personal knowledge” under oath.   For those of you out there with other examples…..please send them my way!


  • Storm says:

    This is nothing new, his voice is very familiar, but this is one of the services we provide with our forensics.

    Matter of fact, it even goes further than on the video. We have a couple of cases in Maryland
    ( non-judicial state) where the individual V. P. appointing the substitute trustee from HSBC bank is also the alleged V. P. for at least 5 other banks we know of, plus she is also V. P. at MERS as well.

    Further, on these transactions the foreclosure mill attorney was having his secretary sign his affidavits swearing to certain facts. Not only is that perjury & fraud on the court, but it’s a crime for the notary to have sworn that individual came before her.

    The lender wants to know how much and where to stack it!

  • D in FLA says:

    I agree with you that this is nothing new. What I am doing is representing the “voices” of many who cannot afford an legal assistance. The unemployment rate is not portrayed accurate. I am self employed and I CANNOT receive unemployment. I am the voice of millions of others in my shoes and show them what to look for if they choose to challenge.
    I cannot demonstrate and go beyond the scope that I did in the videos as I do not want to give these “MILLS” further info on what to correct. There is much more evidence as I am sure you are aware of…I am merely showing home owners to Stand Up and not allow someone to destroy them without a fight. Families are being destroyed due to this. There has been families who have died in murder suicides and people everyday prefer to die than to go into foreclosure. Who is going to be responsible for these people deaths? If lawyers do a forensic and determine that Fraud was involved with their loans and they killed themselves for nothing…Would this be considered “Involuntary Manslaughter”? who is to blame and if the Pretender Lenders new they had a defective product? Fraud? Why did they allow this to go on?

    I know I diverted the topic to something else but this is the reality of this situation. I googled suicide foreclosure and I grew angry. I think if this was put out more into the light that it is a “defective product” which it is…and harmful to humans…perhaps this will be the principle to take action. Not in “Lost Notes”…If drug companies sell drugs and pose great harm that lead to deaths…Fraudulant mortgages is the “drugs” to these banksters. I know I am off topic but it is ruing lives for some. Detroying marriages, credit scores etc. Who will pick up and how will they correct this mess? I had a perfect credit and worked hard to maintain it for one day ruin what I built in all my years.

    I was a Notary Public and I know for a fact we cannot do what these people have done to these documents. I hope these notaries kept perfect records in their ledgers!

    My awareness through these videos are paying off in regards that I am helping many families and have been contacted from some powerful sources who are looking into this Fraud. Stay tune for some developments in Florida and pray that if it does happen other states follow by example!

  • Joe Bob says:

    Storm aka Norm Bradford, glad to see you have reinvented yourself yet again. Are you still advertising yourself as a 20 year criminal defense attorney who brags about getting all your scumbag clients off the hook even though you knew they were guilty? I find it odd that you make those public claims but yet, the DC, Maryland or Virgina Bar has no record of you ever being an attorney.

    • Sorry Storm, wrong guy. Please check my website, and the Florida Bar website, (both of which are accessible from my website). You will find I have impeccable credentials, but unfortunately, don’t know the first thing about criminal law…perhaps you were referring to someone else. Thanks for checking out my site though!

  • Wells Fargo and several other lenders are involved with unscrupulous debt buyers / collection lawyers in acquiring real estate from defaulted borrowers FRAUDULENTLY. False foreclosures via defunct mortgage companies or lenders with no ownership of the note are being filed in Civil Court and Bankruptcy Courts. Some people suffer irreversible reprisals because of opposing ILLEGAL property confiscation, and thousands are UNLAWFULLY homeless despite ABSOLUTELY NULL foreclosures. If homeowners sue for “Unfair Debt Collection Practices,” lawyers make additional $$ through protracted litigation. Also, Wells Fargo uses people’s social security numbers to file IRS form 1099-A’s to receive illegal tax advantages for property WF does not lawfully own. See more facts & proof about Wells Fargo, and unfair activities:
    *Illegal Foreclosures & Evictions, Appalling Lender / Lawyer Abuses, . .
    *Lack of Legal Help: One More Way the Deck Is Stacked Against Homeowners
    *”Dubious Fees Hit Borrowers in Foreclosures”
    ” OPEN LETTER TO PRESIDENT OBAMA on Foreclosure Crisis”
    “Complaints Against Debt Collectors Skyrocket, Lack of Oversight to Blame”

  • Consumer - Houston, TX says:

    Ladies and Gentlemen:
    There needs to be comprehensive, national investigation of Wells Fargo’s unlawful business practices as they pertain to unlawful notarization and use of improper, illegal affidavits in repossessions and foreclosures.

    Specifically, Wells Fargo employees prepared a false affidavit which was signed and notarized by an ” affiant” and a ” notary” who are both Wells Fargo employees at the Tempe, Arizona Branch. Wells Fargo left blank spaces in the top half of the notarized affidavit and then, faxed it to the bank’s repo-agent in Texas who completed the the blank spaces by adding his name and Texas Driver License to the notarized document. Thereafter, Wells Fargo used the improper affidavit to repossess and sell my vehicle on which by Wells Fargo’s written admission: “THERE WAS NO DEFAULT BECAUSE LOAN PAYMENTS WERE CURRENT”.

    Under the circumstances, it impossible to ignore the fact that Wells Fargo Bank is the largest financial institution in North America and also extremely difficult to overlook the fact that 3,400 Wells Fargo employees in Arizona are Notaries. If unlawful notarization is a standard business practice: the risk that consumers could lose property to fraud resulting from or facilitated by Wells Fargo and it’s employees is extremely high..

    I filed a complaint of Notary Fraud with the Arizona Secretary of State (AZSOS) which was investigated by the Arizona Attorney General who found THIRTEEN violations of Arizona Statutes in that single transaction. The AZSOS permanently revoked the Notary’s Commission in June 2009. (180-days to investigate complaint) Whilst the notary lost her commission, Wells Fargo, the employer who endorsed and defended the misconduct continues with “Business As Usual” because, the bank from it’s position of untempered arrogance, asserts that the violations of Arizona Statutes (A.R.S) were ” immaterial oversights…”.



    3. FALSE AFFIDAVIT: A.R.S. §41-311(9)

    4. FALSE SWEARING: A.R.S. §13-2703

    5. FALSE ATTESTATION: A.R.S. §13-2703

    6. FALSE OATH and AFFIRMATION: A.R.S. §41-311(10)


    8. CREDIBLE WITNESS: A.R.S. §41-311(b)(c)

    9. IMPROPER VENUE: A.R.S. §41- 311(8)

    10. IMPROPER JURISDICTION: A.R.S. §41- 311(8)

    11. NOTARIAL WORDING: A.R.S. §41-311

    12. NOTARIAL CERTIFICATION: A.R.S. §41-311(8)



    How many other consumers are similarly situated? What size is this CLASS? Who is taking ACTION?

  • Dory Tallent says:

    Hi Matt! Great site, lots of things to read on. I myself am fighting a battle with BAC Home Loans Servicing (now Bank of America, as of July 1). They have attempted foreclosure on my home 3 times (once in 2009, and again twice this year 2/28 and 6/16). I hired legal counsel in early March 2011, however, they seem more concerned about getting a loan modification in place for us than they do the fraudulent paperwork that I sit here holding. As a matter of fact, they had BofA go ahead and reinstate a loan modification from 2009, that we were told by BAC at that time, had errors on the documents (which is why they never finished the doggone thing in 2009 like they should have, nor did they follow up after they discovered the loan modification I signed was flawed).

    My main question is, how can a servicing company reinstate or draft up a loan modification in 2011, that was flawed in 2009 and never went through, on my loan, and I have not seen the first bit of paperwork nor signed anything since 2009?
    Secondly, on my mortgage (which is from May 2007), there is a notary signature and stamp of a Christy R. Barnes. I tried looking at our Alabama state legislatures website, as they have a notary lookup. They do not have a record of this woman EVER being a notary in the state of Alabama. And there are several pages in our closing documents that required a notary stamp/signature, and this woman never signed or notarized them, especially on the signature verifications for buyer and seller.

    My next big question is, how can I go about finding out if BofA has filed an Affadavit for a Lost Note? I went to the AL courthouse and all I could find was an Assignment of Mortgage that was filed by, surprise surprise, the foreclosure mill in Alabama who also doubled on said document as a Senior VP and Secretary of Mortgage Electronic Registration Systems, Inc. This document named MERS, Inc. as the Assignor and BAC Home Loans Servicing as Assignee. Also on this so called Assignment of Mortgage that was filed/signed/notarized a full 6 days AFTER we received notification from the bank and the foreclosure mill that we were in foreclosure, the notary public signed her name but never affixed her seal to the document. She is a legal notary public in Alabama, as I searched her name in the notary database as well. Alabama is a non-judicial foreclosure state.

    My final question is…should there not be some sort of assignment of mortgage on file from when Bank of America bought out Countrywide, assigning the mortgage over to BofA and their servicing company, BAC Home Loans Servicing, especially since it only took BAC Home Loans Servicing 30 days after the aquisition to begin foreclosure proceedings on my home?

  • I am a broker who is trying to help some of my customers to save their homes. can you send me some of these videos, so I can forward to my customers. p.s. do you work with brokers? my name is Fred Younan, my phone number is 951-522-6761. and you have my emails above thanks FRED

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