m o Office of the Attorney General .c d Economic Crimes Division u ra F re UNFAIR, DECEPTIVE su lo AND UNCONSCIONABLE c re IN ACTS o F p FORECLOSURE CASES to .

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Prepared by: June M. Clarkson, theresa b. Edwards and rene D. harrod

Overview of Foreclosure Industry

.c d Florida Attorney General investigation u ra 50 State Multi-State TeamF Investigation re Law firms began withdrawing su lo documents c reforeclosures Banks suspended o F p to .S w w w

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Delinquency & Foreclosure Rates 2006-2010

Source: Oversight Panel Oversight Report, Examining the Consequences of Mortgage Irregularities for Financial Stability and Forec

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w w w to S r o F p c e su lo ra F re .c d u m o ..

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The History of Mortgages in America Bankers used to take the original note and mortgage and secure it in the bank vault.c d u m o . w w w to S r o F p c e su lo ra F re . .

Mortgage-Backed Trusts As the mortgage industry grew.5 Billion .c d u m o .000 notes and mortgages with a face value of $1. bankers began securing the notes in mortgage-backed trusts Trusts are a bundle of 5. w w w to S r o F p c e su lo ra F re .000 notes secured by mortgages A bundle of notes may contain 5.

Sales & Servicing of Trusts These Trusts were packaged as Residential Mortgage-Backed Securities (“RMBS”) and could be sold to investors in bite-sized pieces The rules for the operation of these RMBS trusts were set forth in “Pooling and Servicing Agreements” . w w w to S r o F p c e su lo ra F re .c d u m o .

The Travels of a RMBS bundle  Trust bundles travel from:     The Lender To the Depositor To the Securities Company To the Trustee . w w w to S r o F p c e su lo ra F re .c d u m o .

When it doesn’t work quite right . . d u ra F re su lo c re o F p to . .S w w w m o .c Sometimes a note or a mortgage gets lost. .

c d u m o . . .When it doesn’t work quite right . w w w to S r o F p c e su lo ra F re . That appears to be the situation here in Florida as well as across the nation. Sometimes the document custodians are lax about their procedures. .

. .cto keep Sometimes there are just too many documents d track of any single Note or Mortgage.When it doesn’t work quite right .au r F re su lo c re o F p to .S w w w m o . .

.c d u m o . . losing ownership paperwork!! . Keep in mind these are some of the largest banks in the country . .When it doesn’t work quite right . w w w to S r o F p c e su lo ra F re . .

c d u m o .IMPORTANT: The Key The key to the problems regarding foreclosures of mortgages are the ASSIGNMENTS of mortgage. w w w to S r o F p c e su lo ra F re . .

 .IMPORTANT: The Key Assignments of . w w w to S r o F p c e su of the mortgage lo ra F mortgage operate to e rtransfer ownership . You sue on the note but foreclose under the mortgage.c d u m o from one bank to another.

c d u m o . .What if there is no valid assignment? A valid assignment transfers the ownership of the mortgage and allows the assignee of the assignment to begin a foreclosure action. w w w to S r o F p c e su lo ra F re . Only the holder/owner of the note and mortgage can institute a foreclosure action if the homeowner stops making their mortgage payments.

to .S w w w r o F p c e su lo ra F re .c d u m o .If the mortgage is not properly assigned…. the result is chaos.

Examining the Consequences of Mortgage Irregularities for Financial Stability and Forec .c d u m o .The Paperwork in Securitization Process Assignments Source: Oversight Panel Oversight Report. w w w to S r o F p c e su lo ra F re .

Sample Assignment of Mortgage .c d u m o . w w w to S r o F p c e su lo ra F re .

Execution of the Assignments The Banks appointed individuals to execute the assignments  .c d u m o . w w w to S r o F p c e su lo ra F re .

Example Appointments through a Limited Power of Attorney for executing Assignments .c d u m o . w w w to S r o F p c e su lo ra F re .

S w w w m o .Execution of the Assignments . these e ras “robo-signers” u individuals are referredsto lo c re o F p to .c Many individuals who executed the d u assignments knew nothing about the ra F documents they were signing.

S w w w m o . signed o F p to . . paralegals.Execution of the Assignments . assignments . . ra F even secretaries) and document preparation re and processing companyu s employees lo and thousands of Thousands and thousands c re weekly.c Individuals included bank employees. law d u and firm employees (lawyers.

S w  w w  ra F re .Fraudulent Practices come in all shapes and sizes Robo-signers Fake witnesses su Fake notaries lo c re Fake documents o F p False affidavits to .c d u m o .

c Not executed by the authorized d u person ra Signatures not witnessed properly by F re the “witnesses” su Signatures not properly notarized by a lo c re notary o F p to .S w w w m o .Problems with Assignments .

c d u m o .Forgeries in Assignments . w w w to S r o F p c e su lo ra F re .

Forgeries in Assignments .c d u m o . w w w to S r o F p c e su lo ra F re .

c d u m o .Forgeries in Assignments . w w w to S r o F p c e su lo ra F re .

Forgeries in Assignments . w w w to S r o F p c e su lo ra F re .c d u m o .

Forgeries in Assignments . w w w to S r o F p c e su lo ra F re .c d u m o .

w w w to S r o F p c e .Vice President Linda Green Signature  Sample One .c Sample Two ud ra F re su lo  m o .

w w w to S r o F p c e su lo ra F re .Who is the Real Linda Green? .c d u m o .

Linda Green  ra F re appears on Linda Green’s “signature” su hundreds ofo l thousands of mortgagec e assignments. .c d u m o .S w w w   . r o F p as an officer of dozens of She is listed to banks and mortgage companies.

w w w to S r o F p c e su lo ra F re .c d u m o .A Few of Linda Green’s Many Job Titles .

Scott Anderson.c d u m o . w w w to S r o F p c e su lo ra F re . Ocwen employee .

Forgeries by Mortgage Servicers . w w w to S r o F p c e su lo ra F re .c d u m o .

c Mortgage servicing companies help d banks u obtain foreclosure by preparinga r documents F necessary to facilitate the foreclosure in re Court. p to . su o lrobo-signers who These companies hire c re by the tens of execute the documents o F thousands per month.A Mortgage Servicing Company .S w w w m o .

c DocX had offices employing dozens of workers d u producing thousands of fraudulent assignments. ra Lender Processing Services produced 2.000 assignments every day. su robo-signer. o F Nationwide Title Clearing out of the Tampa area also p to produces 2.Mortgage Servicing Companies . .000 r day. Jeffrey GMAC (including its first famous lo assignments every Stephan) also producesc e 2.000 F re assignments each working day.S  w w w m o .

c d u m o .Forgeries in Other Documents . w w w to S r o F p c e su lo ra F re .

w w w to S r o F p c e su lo ra F re .Forgeries in Other Documents .c d u m o .

c d u m o .Examples of Bogus Documents . w w w to S r o F p c e su lo ra F re .

w w w to S r o F p c e su lo ra F re .Examples of Bogus Documents .c d u m o .

c d u m o . w w w to S r o F p c e su lo ra F re .Examples of Bogus Documents .

w w w to S r o F p c e su lo ra F re .c d u m o .Examples of Bogus Documents .

Examples of Bogus Documents

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Assignment of Mortgage

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Corrective Assignment of Mortgage

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c d u m o .Filing Lis Pendens Without Standing . w w w to S r o F p c e su lo ra F re .

c d u m o . w w w to S r o F p c e su lo ra F re .Assignments After Lis Pendens .

w w w to S r o F p c e su lo ra F re .c d u m o .Filing Lis Pendens Without Standing .

Assignments After Lis Pendens . w w w to S r o F p c e su lo ra F re .c d u m o .

Affidavit of Amounts Due .c d u m o . w w w to S r o F p c e su lo ra F re .

w w w to S r o F p c e su lo ra F re .Affidavit of Amounts Due .c d u m o .

c d u m o . w w w to S r o F p c e su lo ra F re .Withdrawal of Affidavits of Amounts Due .

w w w to S r o F p c e su lo ra F re .c d u m o .Withdrawal of Affidavits of Amounts Due .

w w w to S r o F p c e su lo ra F re ..c d u m o .

w w w to S r o F p c e su lo ra F re ..c d u m o .

Sample Notice of Lis Pendens .c d u m o . w w w to S r o F p c e su lo ra F re .

Stamped signature on Assignment of Mortgage . w w w to S r o F p c e su lo ra F re .c d u m o .

c d u m o . w w w to S r o F p c e su lo ra F re .Stamped Signatures .

w w w to S r o F p c e su lo ra F re .Stamped Signatures .c d u m o .

) .Affidavit of Correction due to assignment of a mortgage that had been fully paid (St.c d u m o . Lucie Co. w w w to S r o F p c e su lo ra F re .

c d u m o .) .Affidavit of Correction due to an assignment of mortgage that had been fully paid. (Palm Beach Co. w w w to S r o F p c e su lo ra F re .

Affidavits of Correction due assignments of mortgage that had been fully paid (Broward Co. w w w to S r o F p c e su lo ra F re .c d u m o . and Palm Beach Co.) .

c d u m o . w w w to S r o F p c e su lo ra F re .$164k Question .

w w w to S r o F p c e su lo ra F re .And you thought your mortgage was high? .c d u m o .

Assignment for Defunct Assignee .c d u m o . w w w to S r o F p c e su lo ra F re .

w w w to S r o F p c e su lo ra F re .American Brokers Conduit BANKRUPT 8/7/2007 .c d u m o .

c d u m o . w w w to S r o F p c e su lo ra F re .Assignment by a defunct institution .

S.S w w w A run on the Pasadena thrift ends in one of the biggest financial failures ever. history. Kristof and Andrea Chang | Times Staff Writers . but the Federal Deposit Insurance Corp. out of business CLOSED July 2008 ra F Federal regulators seize crippled IndyMac Bank re su 2008 July 12. . will reopen the bank on Monday as IndyMac Federal Bank. said the Office of Thrift Supervision in Washington. lo c re o F p to .c d u m o The federal government took control of Pasadena-based IndyMac Bank on Friday in what regulators called the second-largest bank failure in U. July 12. 2008|Kathy M.IndyMac. *** The bank's 33 branches will be closed over the weekend. Doors will reopen Monday.

w w w to S r o F p c e su lo ra F re .Assignment for Defunct Assignee .c d u m o .

Lehman Brothers .c d u m o . w w w to S r o F p c e su lo ra F re .

Notary Issues . w w w to S r o F p c e su lo ra F re .c d u m o .

c d u m o .Impossible Notaries. w w w to S r o F p c e su lo ra F re .Stamps are only good for four years in Florida .

w w w to S r o F p c e su lo ra F re .c d u m o .Impossible Notaries .

Impossible Notaries . w w w to S r o F p c e su lo ra F re .c d u m o .

Sworn Testimony of Tammie Lou Kapusta .c d u m o . w w w to S r o F p c e su lo ra F re .

former employee of Law Offices of David J.A. p to Q And you actually saw that? . As far as notaries go ino firm l the The team used them.S A I was part of that. Stern. P. actually used their own notary c stamp.c as Q Would these notaries be there watching her [Cheryl Samons] d u she signed? ra A No.Testimony of Tammie Lou Kapusta. re Q There were just stampso around? F A Yes.         . w w w m o . F re them? Q She would just sit there and sign stacks of su I don't think any notary A Correct.

Sample Assignment of Mortgage . w w w to S r o F p c e su lo ra F re .c d u m o .

Q What's an Affidavit A? A The indebtedness affidavit. We had different exhibits.Testimony of Tammie Lou Kapusta. There's your Exhibit E's. Assignments or Affidavit A's that she was signing. That's how they signed them. former employee of Law Offices of David J. Q And Beth would be the signer? Q Or Tammie Sweat?       . Q Okay.      A I think that's all Cheryl signed for. A Right. Q Beth would sign but it would say Cheryl Samons? A Correct.c d u m o . Stern. I think Beth signed for the rest. P.  Q So this was an assignment signing table? A Correct.A. w w w to S r o F p c e su lo ra F re . When Cheryl was out of the office Tammie would sign them or Beth would go sign them. A Correct.

. Stern. P.c d u m o .Testimony of Kelly Scott. w w w to S r o F p c e su lo ra F re . former employee of Law Offices of David J.A.

c d u m o . Yes. there was someone else that would sign on her behalf. there was no one reading them? A.   Q. nobody was reading? They were just putting their names on them? A. w w w to S r o F p c e su lo ra F re . P. they were just putting their names.Testimony of Kelly Scott. as well? A. Other than Cheryl going around twice a day to sign the documents that she was reading.  Q.  . what types of documents were those? A. Who was it? I really don't know. But they signed Cheryl's name? A. Stern. Yes. former employee of Law Offices of David J.A. there was no reading them.  *** Q. Yes. Motions for Summary Judgment and Assignments of Mortgage. But whatever was on those long tables.  Q. that she would go on vacation.    Q. And when you said those were the papers that were up on the long table on the four floors. Yes. Only Cheryl. was there anyone else that did that. And only when Cheryl was out of town.

w w w to S r o F p c e su lo ra F re .Cheryl Samons “signature” .c d u m o .

w w w to S r o F p c e su lo ra F re .c d u m o .Cheryl Samons “signature” .

Cheryl Samons “signature” .c d u m o . w w w to S r o F p c e su lo ra F re .

w w w to S r o F p c e su lo ra F re .Cheryl Samons “signature” .c d u m o .

w w w to S r o F p c e su lo ra F re .Cheryl Samons “signature” .c d u m o .

c d u m o . w w w to S r o F p c e su lo ra F re .Sample Assignment of Mortgage .

c land Improper assignments were recorded in the county d u records offices ra Improper assignments were submitted to the Court in F support of foreclosure motions reby the Court as valid Improper assignments were accepted su foreclosure assignments that substantiated the lo Homeowners were foreclosed upon based upon falsified c was not the true holder of assignments. second judgment against them on one property. lawsuit by S real note holder. and possibly a having a the . by a banke r who the note.Misuse of Falsified Assignments . w  w w m o . o F If the foreclosure judgment is obtained by a bank that does p then the homeowner risks a second not hold the to note.

.c d u m o . w w w to S r o F p c e su lo ra F re .

c d u m o .. w w w to S r o F p c e su lo ra F re .

w w w to S r o F p c e su lo ra F re .c d u m o .Notices to Court of Improper Affidavits .

Notices to Court of Improper Affidavits

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Real Estate in Florida (in pictures)

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Real Estate in Florida (in pictures)

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Real Estate in Florida (in pictures) . w w w to S r o F p c e su lo ra F re .c d u m o .

c d u m o . but they need to done within the law.Solutions for Foreclosures in Florida??? Any solution must include:  Assuring the integrity to the judicial foreclosure process       ra Documents submitted must be true and accurate F form Affidavits must be proper in substance and re and accurate Assignments must be properly executed su homeowners Due process rights to the foreclosed lo c Proper service of process on the homeowner reby the plaintiff Bank Proper standing to sue oof paperwork prior to foreclosure F Substantive review phave to go forward and there will be many Foreclosures o will tyear.S w w w    . more next .

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