How to Collect Criminal Evidence: See Suggested List and Examples Below (more being developed with upcoming video). For related news videos, scroll to bottom of page.
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For law enforcement, prosecutors, and the general public to facilitate the understanding of criminal activity resulting in illegal slander on title of MOST U.S. homeowners' properties (purchased Year 1998 forward), illegal unjust enrichment by entities participating in the scheme, and illegal foreclosure on a percentage of U.S. properties.
Note: We are withholding the Evidence portion of this lesson to ensure that sufficient law enforcement entities have been notified. (We recommend that you build relationships with your law enforcement at this time.) The lesson will show how the homeowner's NOTE was used in an undisclosed investment scheme to make billions for other parties; thereby making the homeowner the CREDITOR who is owed penalties in restitution. This fact is expressed in the recent National Mortgage Settlement.
SEE CRIMINAL LESSON FIRST.
COLLECT YOUR EVIDENCE FOR CRIMINAL INVESTIGATION (under development)
Note: For homeowners who request assistance/clarification: Please have these documents in order of this list.
Notes before we begin: The term Servicer is used because it is the entity that is "Servicing" or processing payments for the "alleged" true creditor. Banks have, for the most part, sold off their NOTES, and they "service", e.g. collect moneys, for the "alleged" creditor.
Examples: Bank of America bought the Servicing Division of Countrywide Home Loans Servicing; J P Morgan Chase bought servicing rights to service Washington Mutual formerly-serviced loans.)
Warning: Fannie Mae's and Freddie Mac's activities mirror the activities of the other Wall Street entities. They aggregate notes (actually note numbers) to be sold into trusts, just like the Wall Street folks, and they sell shares of the trust investment to CERTIFICATE HOLDERS in return for Fannie Mae's or Freddie Mac's guarantee to the CERTIFICATE HOLDERS that the principal and interest on their investments will be guaranteed.
You may search for the property in Fannie or Freddie's systems and see MATCH FOUND which would lead you to believe that they are the creditor, the true owner of the "alleged" debt. This is not correct, however. All the CERTIFICATE HOLDERS (Investors) who own the shares are ALL the creditors. More later...
To explain the scheme which results in a cover up, we recommend that you pull the following evidence:
(Lesson explaining this list will be under Criminal Lesson).
1) Promissory Note - Ask for "Certified True" copy
Circle entity named on the note as "LENDER".
Most promissory notes are not recorded in land records but you can look.
Write Servicer requesting a "certified true and accurate" copy of Promissory Note.
What you are looking for: Endorsement (see example) on last page of Note.
What to expect: Endorsement in blank (see example) on last page of Note.
Alleged changes in ownership of a Promissory Note are shown by endorsements on the note itself or on a separate paper called an allonge.
Two ways to obtain copy of Note:
* Call the CEO office and request a copy (fastest) and FOLLOW UP. Writing is slower: See Letter to Servicer template in Word format or in PDF format.
* Write a QWR (Qualified Written Request) which has to be acknowledged within 5 days or answered within 30 days. www.operationrest.org/writeaqwr.
2) Security Instrument - Certified (Deed of Trust, Security Deed, Mortgage, depending on state) - ideally request from 2 places:
(Note: The term "certified" means that a clerk from land and deed records has stamped and signed the document, certifying that it is a true copy).
Circle entity named on the security instrument as "LENDER".
a) Look in deed records (county courthouse; other states may use a central registry of deeds). Ask for certified copy.
b) Write Servicer requesting a "certified true and accurate" copy of Security Instrument.
What you are looking for: changes in versions of the Security Instrument.
Two ways to obtain copy of Security Instrument:
* Call the CEO office and request a copy (fastest) and FOLLOW UP. Writing is slower: See Letter to Servicer template in Word format or in PDF format. (Ask for Note and Security Instrument at the same time).
* Write a QWR (Qualified Written Request) which has to be acknowledged within 5 days or answered within 30 days. www.operationrest.org/writeaqwr
A QWR or "Qualified Written Request" may be used to ask the Servicer what Fannie Mae or Freddie Mac trust the loan is in. If you can get a letter like this rare one, you'll have your evidence. Fannie Mae does not own the loan! See diagram of Fannie Freddie trusts.
4. Look at ASSIGNMENT. (example here) Alleged changes in security interest are shown via a SEPARATE DOCUMENT called an Assignment of Deed to Secure Debt, otherwise called an "Assignment" (sometimes called a Transfer).
Note: The state of Georgia uses a "Security Deed" as the instrument that secures the promissory note.
Research names of "officers" signing on behalf of MERS or other entities.
(1) Google - print findings. Look for known robo-signers. Lynn Szymoniak, attorney who reported fraudulent activity has published documents; Marie McDonnell named robosigners in her audit for Massachusetts. See McDonnell's list of Robosigners. See entire audit.;
Note: If you find a robosigner on your document(s) from the McDonnell list, call the Massachusetts customer service department at 978-542-1704 to request an Affidavit from Massachusetts Recorder of Deeds, John O'Brien (as proof that a document being used to foreclose contains a fraudulent or surrogate-signed signature). Use this as Evidence with your complaint. This is a free service.
(2) Find actual signatures of persons signing on documents. Be creative. Find Security Instruments in land and deed records (for their actual signatures when they bought property), write open records requests, check areas where people have had to sign (i.e. schools, etc).
(3) Look in county records for Limited Power of Attorney or Corporate Resolution that gives signing entities the power to sign. If there is no document, that is a point that can be made.;
(4) Look at NOTARY on Assignment. Look for County of Appointment (Georgia). Note: In many states the Secretary of State handles the Notaries. Using an Open Record Request, (here is an excellent Open Records Request letter generator which quotes the correct statutes and rules in the letter); get certified copies of the Notary Certificate of Appointment and Notary Application (in Georgia, superior court clerks are responsible for the Notaries within their counties). Compare signatures between the Notary on the Assignment and the Notary's actual Certificate of Appointment and Notary Application.
(5) Look at the date of the Assignment versus the Notary Expiration Date. Not only are the notary signatures not consistent but the Notary may not have been in commission! (See Assignment with a Notary who is not in commission.) In the state of Georgia for example, Notaries commissions are 4 years, before renewals are required. Search www.gsccca.org under Notaries. Also note: If the notary name is highlighted, his or her commission has been revoked! See example revocation.
(6) Look at WITNESSES. Research signatures. Print findings.
(7) Look at the date when the Assignment was created. Then see (e) below.
(8) For MERS-related Assignments:
- See Assignment example: Assignment created February, 2011. Foreclosure attorney signed as Officer of MERS as Nominee for Aegis. Aegis went bankrupt in 2007! Additionally, the Trust that contains the promissory note and allegedly the other instruments was closed April 28, 2006 and all documents were sworn under oath to be in by the grace period in 2006. The Assignment was created outside of the Trust CLOSE date.
- Per the PSA (see page from the PSA), the Assignment would have to read: "... transfers, without recourse, to U.S. Bank National Association as Trustee for Harborview Mortgage Loan Trust 2006-4, Mortgage Loan Pass Through Certificates, Series 2006-4, without recourse. Or, the MERS system would have to reflect the entire language expressed above, which it did not.
(This foreclosure attorney was made aware of our findings, knew of the error, and chose not to report what is happening in Georgia). He knowingly created a document transferring beneficial interest in the security instrument to the WRONG PARTY, the debt collector. See BAC Home Loans Servicing LP FKA (formerly known as) Countywide Home Loans Servicing LP. Bank of America bought out the SERVICING division of Countrywide, not its loans. The loans, for the most part had been sold.
(e) Search to see if the note was sold into a TRUST. See exact diagram of parties from one PSA (the PSA gives the parties!). Here is another diagram created from another PSA.
***PLEASE FIRST search the Fannie Mae (see example screen shot) and Freddie Mac websites (links in this sentence lead to their sites) to make sure that your loan does not show in their systems. If your loan does show up in Fannie or Freddie, it will not be in the SEC - do not request a PSA.
Otherwise Operation Restoration www.operationrest.org/getyourpsa instructs FREE and INEXPENSIVE ways to obtain a Pooling and Servicing Agreement (P.S.A.) which is the CONTRACT filed with the Securities and Exchange Commission (SEC) when the Trust containing your loan was formed.
Note: Not all Trusts are listed in the SEC, i.e. Private Trusts, Offshore Trusts, and Fannie and Freddie Trusts (see illustration diagram of Fannie Freddie trusts) are not required to be disclosed - please appeal to your elected officials to mandate disclosure of Fannie and Freddie Trusts. Fannie Mae and Freddie Mac are private companies, not government-owned companies and should be subject to the same Trust disclosure regulations.
Note: Trusts have CLOSE DATES. Look at the PSA. Remember ALL documents (including Assignments) were certified by attorneys, officials, etc. to be in the trust BY THE CLOSE DATE or BY THE END OF THE GRACE PERIOD WHICH IS USUALLY 90 DAYS (sometimes 120 days).
f) Look at SECURITY INSTRUMENT from a) Servicer and b) from Land and Deed Records. Compare them. There have been instances where documents have been doctored.
g) If your Security Instrument mentions MERS, look at the MERS system and click on MERS Servicer ID , enter, as instructed either:
- 18-digit Mortgage Identification Number (MIN)
- Property address/Borrower Details, or
- FHA/VA/MI Certificate
and - security letters/numbers
The result result should be the Servicer on the loan.
Then enter the Social Security Number to obtain both the Servicer and the Investor (alleged owner) of the loan. See example MERS result. Note: the MERS system does not reflect the correct parties which were allegedly Servicer: Bank of America NA and Creditor: Fannie Mae trust.
h) Look at the Notice of Sale letter required pursuant to OCGA 44-14-162.2. The foreclosure attorney knew the correct parties as indicated by its letter/notification but prepared and recorded an erroneous assignment. See example Notice of Sale Letter and highlighted FNMA.
i) Look at the Advertisement: in County legal organ or a catch-all website like www.GeorgiaPublicNotice.com which, in Georgia, lists advertisements (search under Foreclosure, and use the borrower name under keywords). Pursuant to OCGA 9-13-141, a notice of the foreclosure sale must be published in the county legal organ for four (4) consecutive weeks prior to the sale. See example Advertisement with notations.
Notes in advertisement:
- As last transferred refers to Assignment of Security Instrument (Security Deed in Georgia)
- Foreclosure attorney which is responsible for the ad represents BAC Home Loans Servicing as if it was the Secured Creditor, knowing that Fannie Mae is involved.
- Foreclosure attorney wants the public to believe that BAC Home Loans Servicing has the authority to exercise a power of sale when indeed it does not have the lawful authority, pursuant to Georgia statutes. (BAC Home Loans Servicing is not the secured creditor).
CBS ATLANTA FORECLOSURE FRAUD
September 5, 2012 (11 minutes)
CBS "60 MINUTES" ON FORECLOSURE FRAUD