URGENT NOTICE TO ALL AGENTS AND PROPERTY OWNERS

URGENT NOTICE TO ALL AGENTS AND PROPERTY OWNERS

If found guilty of breaching your fiduciary duties and exemplary damages are awarded, the plaintiff can come at you personally, your insurance company cannot pay for you and you may not be able discharge the judgement in bankruptcy.

A contractor builds a home and it to John Doe who gets a loan from a major Bank. The Bank bundles the loan with other loans and sells it to an investment pool (a process called securitization). The Bank does not endorse the note for securitization. The note is assigned several times from within the investment pool. John Does’ property is foreclosed. The property is “sold” as an REO. John Doe then demands return of his property from the occupant. The foreclosing entity, trustee, and agents did not have legal capacity to foreclose. The occupant who thinks he is the owner is in possession of property wrongfully taken, “stolen” property. Both John Doe and the occupant of John Does’ property sue the loan originator, bank, investment pool, title, escrow, real estate agent, etc.

THIS STORY IS TAKEN FROM ACTUAL FACTS NOW OCCURING.
Go to www.joeveraseminars.com. Click on Course Descriptions and then on Real Estate Pro L1.
Joe Vera
Read this carefully and to the end if you value your license — or get sued and lose it.
On June 29, 2011, at the Annual Conference of The International Association of Clerks, Recorders, Election Officials and Treasurers (IACREOT), Register John O’Brien released a legal affidavit, an audit that examined assignments of mortgages recorded in Essex Southern District Registry of Deeds issued to and from JPMorgan Chase Bank, Wells Fargo Bank, and Bank of America during 2010. In total, 565 assignments related to 473 unique mortgages were analyzed.
Only 16% of assignments of mortgage are valid
75% of assignments of mortgage are invalid.
9% of assignments of mortgage are questionable
27% of the invalid assignments are fraudulent, 35% are “robo-signed” and 10% violate the Massachusetts Mortgage Fraud Statute.
The identity of financial institutions that are current owners of the mortgages could only be determined for 287 out of 473 (60%)
“,,, [the] standards of commerce by which the banks originated, sold and securitized mortgages are so fatally flawed that the institutions, including many pension funds, that purchased these mortgages don’t actually own them because the assignments of mortgage were never prepared, executed and delivered to them in the normal course of business at the time of the transaction. In a blatant attempt to engineer a ‘fix’ to the problem, the banks set up in-house document execution teams, or outsourced the preparation of their assignments to third parties who manufactured them out of thin air without researching who really owns the mortgage.
… and I can tell you that every single assignment of mortgage that was recorded for the purpose of foreclosing the homeowner is invalid, overtly fraudulent, or criminally fraudulent. My findings … (those) who are not in foreclosure, and have never been delinquent in their payments also have clouds on title due to the recording of defective and invalid discharges and assignments of mortgage.” said the auditor Marie McDonnell.
[If you say this won't happen in CA, consider that I have already been asked to speak to several cities in CA. It will happen. I am involved with such a case at this very moment. Joe Vera]
“… The Audit makes the finding that this was not only a MERS problem, but a scheme also perpetuated by MERS shareholder banks such Bank of America, Wells Fargo, JP Morgan and others. I am stunned and appalled by the fact that America’s biggest banks have played fast and loose with people’s biggest asset – their homes. This is disgusting, and this is criminal,” said O’Brien.
O’Brien continued “Once again I am asking … state Attorney’s General to follow the lead of New York Attorney General Eric Schneiderman and stop any settlement talks with the banks. … I can assure you that this type of criminal fraud is rampant across the nation. This leaves me to question why anyone would consider settling with these banks until we know the full extent of the damage that they have caused to the homeowners chain of title across this country and the amount of money they have bilked the taxpayers for their failure to pay recording fees.”

Ally gets Subpoenas from U.S. Investigators on Mortgage Loans

Ally, previously GMAC, got $17.2 Billion in bailouts. They packaged loans sold to pools/trusts that posted a 2Nd quarter loss of $100 million. (by Joe Vera)

Ally gets subpoenas from U.S. investigators on mortgage loansBradley Keoun and Donal Griffin/ Bloomberg News
Ally Financial Inc., the auto and home lender that got a $17.2 billion bailout, said it received subpoenas from the U.S. Department of Justice and the Securities and Exchange Commission relating to how it handled home loans.

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The Justice Department is seeking information for an investigation of potential fraud related to “the origination and/or underwriting of mortgage loans,” Ally said today in a filing. The SEC subpoena is in connection with mortgages placed in securitization trusts, the Detroit-based lender said. The subpoenas were received this month, the company said.
Ally, 74 percent owned by the U.S. Treasury Department also said it will record a second-quarter cost of about $100 million to cover losses suffered by trusts that bought its mortgages. A separate April settlement with federal regulators investigating shoddy mortgage practices will also cost between $30 million and $40 million each year through 2013, according to the filing.
Ally, run by former Citigroup Inc. executive Michael Carpenter, is among the five largest U.S. mortgage originators and servicers.
“We are working closely with the Department of Justice and the SEC to deliver the requested information within the required timeframes,” Gina Proia, a spokeswoman for Ally, said in an e- mailed statement.
The disclosures were in an update to the prospectus, initially filed in March, for the company’s planned public share offering. The share sale has been delayed until equity markets improve, a person familiar with the plans said earlier this month.

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The $100 million cost will help cover losses on insured mortgages where guarantors later canceled the policies because “they believe certain loan underwriting requirements have not been met,” according to the filing. The mortgages had been sold to trusts, which packaged them into securities to sell to bond investors.

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“These payments resulted from a review of securitized mortgages as to which mortgage insurance was rescinded, although no claims have been made against us to date with respect to these mortgages,” Ally said in the filing. Proia said the firm doesn’t expect further charges related to the matter.
The majority of costs linked to Ally’s settlement with federal regulators in April are for “additional servicing, vendor management, legal, compliance, and internal audit personnel,” the firm said in the filing.
State attorneys-general are conducting a nationwide probe into allegations that the largest U.S. loan servicers used sloppy documentation during home seizures.
“We continue to cooperate with the ongoing investigations of various regulators,” Ally said. “Any additional results of these investigations are uncertain, but we expect that Ally or its subsidiaries will become subject to additional penalties, sanctions, or other adverse actions, including monetary fines, that could be substantial and have a material adverse impact on us.”

From The Detroit News: http://detnews.com/article/20110629/BIZ/106290392/Ally-gets-subpoenas-from-U.S.-investigators-on-mortgage-loans#ixzz1QgQzRDWZ