A Florida couple who is currently suing Bank of America for RESPA, Fraudulent Misrepresentation and RICO in Federal Court, have filed a second lawsuit against the behemoth bank. Mr. Echeverria and Mrs. Santamaria filed the second lawsuit in the Circuit Court of the Eighteenth Judicial Circuit in Brevard County, Florida on August 15, 2012. More than 14 months after their first lawsuit (Case No. 6:10-cv-01933-JA-DAB) was filed, the couple decided to hire a forensic auditor to conduct a forensic audit on their mortgage with their income tax return money. Even though they had many other uses for that money, they felt that this was extremely important. Little did they know how important it would really be. Bank of America did everything possible to delay the investigation according to the auditors. Bank of America intentionally did not submit almost 30 documents that the auditors had requested in order to conduct their investigation. Most of the documents that were not sent by Bank of America, were eventually received by the original lender, Taylor, Bean & Whitaker. The audit revealed massive fraud, much more than the couple originally thought. The investigation concluded that there were severe RESPA, TILA, FCRA, FDCPA and massive fraud committed against the Plaintiffs. Among the violations were violations by their original lender Taylor, Bean and Whitaker. The couple’s mortgage was initiated with fraud. The Note has a forged endorsement by Erla-Carter Shaw, a known robo-signer who has also signed for MERS. In addition, the auditor discovered that Taylor, Bean and Whitaker did not provide all documents to the couple and did not verify their income before approving the loan. The auditor also confirmed that the Assignment of Mortgage recorded on the couple’s property in July 2011, which was “requested” by Bank of America was also fraudulent. The assignment is signed by a well-known robo-signer called Malik Basurto. The auditors found multiple different signatures for Mr. Basurto and they were all very different. Furthermore, MERS loses their right to transfer any mortgage once the lender goes into bankruptcy or closes its doors. Taylor, Bean and Whitaker filed for bankruptcy in 2009 and are under bankruptcy protection. The mortgage was transferred to Bank of America in August 2009 after Taylor, Bean and Whitaker was raided by the feds. The actual assignment of mortgage was not recorded until almost two years later, a clear indication of fraud. MERS is also a big piece to this racketeering enterprise. Without the assistant of MERS, fraudulent banks such as Bank of America will not be able to commit their massive fraud involving foreclosures and mortgage transfers. MERS facilitates this behavior and has made it extremely easy for the wall street banks to transfer mortgages at the drop of a hat.

The couple tried to file this crucial evidence for their first lawsuit which is scheduled for trial on November 5, 2012 but Bank of America’s attorneys quickly filed a Motion to Strike this evidence. The judge granted their motion to strike and therefore this significant evidence was left up in the air. The couple then decided that Bank of America, MERS and Taylor, Bean and Whitaker would not get off that easy and filed this second lawsuit in state court. However, Bank of America’s attorneys quickly filed a Notice of Removal so that the case could be transferred to Federal Court. This scheme is very common from Bank of America because they usually have more leverage in Federal Court and with federal judges. The plaintiffs then filed a Motion to Remand. Taylor, Bean and Whitaker quickly sent a Notice of Stay to the Plaintiffs expressing that they cannot be touched due to bankruptcy. Obviously this would mean that a criminal can rob a bank and then file bankruptcy and no one can touch the criminal or his money? Taylor, Bean and Whitaker does not want to be touched monetarily or in court even though their mortgages and most money acquired from them was tainted with fraud. The couple has not received a dime from Taylor, Bean and Whitaker after the bankruptcy settlement but what the couple really want is that they at least be held liable for the fraud and that the contract (mortgage) that they fraudulently initiated with Mr. Echeverria and Mrs. Santamaria be unenforceable as all fraudulent contracts should be. The plaintiffs allege that for this lawsuit, they will hire handwriting experts, accountants and other experts to confirm the massive fraud committed against them by Bank of America, MERS and Taylor, Bean and Whitaker. The second lawsuit is Echeverria et al v. Bank of America, N.A. et al, Case No. 6:12-cv-01360-JA-KRS currently in Federal Court. The Plaintiffs are “pro se” and currently have no legal representation.

If you would like more information regarding this lawsuit, please email: Isabel-1229@hotmail.com. The pending lawsuit in Federal Court filed in December 2010 can be seen here: http://www.scribd.com/doc/88974710/Third-Amended-Complaint-Echeverria-et-alvs-Bank-of-America-et-al.

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