Chain of Title (44 page)

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Authors: David Dayen

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118
the “show me the note” defense:
Kimberly Morrison, “Lawyer's Foreclosure Defense of ‘Quiet Title' Faces Tests,”
Jacksonville Business Journal
, November 20, 2009.

119
twenty hours of pro bono work:
Stuckey, “‘Angel' of Foreclosure.”

119
But an appeals court reversed the decision:
Susan Martin, “Lawyer Has Strategy to Fight Foreclosures, and Shares It,”
Tampa Bay Times
, April 3, 2009.

119
dubbed her “the Loan Ranger”:
Richard Wilner, “The Loan Ranger,”
New York Post
, February 22, 2009.

120–121
Judge Logan threw out all those cases where MERS tried:
Mike McIntire, “Tracking Loans Through a Firm That Holds Millions,”
New York Times
, April 24, 2009.

121
Jurists Engaged in Defending Title Integrity, or JEDTI:
Randall O. Reder, “JEDTI,”
Reder's Digest
(blog),
www.redersdigest.com/jedti.html
.

121
Matt Weidner started his own, in July 2009:
Available at
http://mattweidnerlaw.com/latest-news/blog
.

122
“Corruption County”:
“Is Palm Beach County Ready to Retire Its ‘Corruption County' Reputation?”
Palm Beach Post
, March 22, 2015. Also Hector Florin, “Palm Beach: The New Capital of Florida Corruption,”
Time
, January 10, 2009.

123
going all the way to appellate court, and Ice Legal won:
Vidal v. SunTrust Bank
, Fourth District Court of Appeals, Florida, No. 4D09-3019, opinion issued August 4, 2010,
www.4dca.org/opinions/Aug%202010/08-04-10/4D09-3019.op.pdf
.

124
She swore that she had never visited Lee County:
Kimberly Miller, “Local ‘Robo-Signer' Alleges Her Signatures Were Forged,”
Palm Beach Post
, April 19, 2011.

124
made numerous paragraph 22 defenses:
Greg Stopa, “Understanding the Paragraph 22 Argument,” Stopa Law Firm, January 30, 2013,
www.stayinmyhome.com/understanding-the-paragraph-22-argument
.

125
Johnson-Seck turned up in a case thrown out by Brooklyn judge Arthur Schack:
Deutsche Bank National Trust Company v. Ramash Maraj
, Supreme Court of New York, Kings County, No. 25981/07, decided January 31, 2008, accessed at
http://stopforeclosurefraud.com/2010/03/26/nysc-judge-schack-takes-on-robo-signer-erica-johnson-seck-deutsche-bank-v-maraj-1
.

125
She stated that she had authority to sign for MERS:
Testimony in
IndyMac Federal Bank v. Israel A. Machado
, Case No. 50-2008-CA-037322XXXXMB, Erica Johnson-Seck deposition taken July 9, 2009, accessed at
http://4closurefraud.org/2009/11/15/full-deposition-of-the-infamous-erica-johnson-seck-re-indymac-federal-bank-fsb-plaintiff-vs-israel-a-machado-50-2008-ca-037322xxxx-mb
.

126
But the judge sided with Ice Legal:
Robbie Whelan, “Foreclosure? Not So Fast,”
Wall Street Journal
, October 4, 2010.

127
Lisa Cullaro's signatures looked off as well:
Michael Redman, “Scandalous—Substantiated Allegations of Foreclosure Fraud That Implicates the Florida Attorney General's Office and Florida Default Law Group,”
4closurefraud.org
, March 26, 2010.

127
“in complete disregard of the truth”:
Michael Redman, “Full Deposition of the Infamous Erica Johnson-Seck,”
4closurefraud.org
, November 15, 2009.

128
Matt republished the Erica Johnson-Seck deposition on his site:
Matt Weidner, “IndyMac Bank Fraud—Deposition of Employee that Proves It All!” January 5, 2010,
http://mattweidnerlaw.com/indymac-bank-fraud-deposition-of-employee-that-proves-it-all
.

128
“In the vast majority of cases where these documents are produced”:
Matt Weidner, “Part III—MERS, Foreclosure Fraud and Document Mills,” January 8, 2010, available at
http://wordspy.com/index.php?word=robo-signer
.

128
the term “robo-signing”:
Shira Ovide, “Just Where Did the Term ‘Robo-Signer' Come From, Anyway?”
Wall Street Journal
, October 21, 2010.

128
First FDLG denied requests for communications:
Court documents available at Redman, “Scandalous.”

10. The Specialist

130
Nilly Mauck:
“‘Trashed Out' Las Vegas Woman Victim of Foreclosure Mistake,” Channel 8 News Now, Las Vegas, December 21, 2009, available at
http://4closurefraud.org/2009/12/21/trashed-out-las-vegas-woman-victim-of-foreclosure-mistake
.

130
another man who claimed the same thing:
“Another Person Claims Theft in Foreclosure Mistake,” Channel 8 News Now, Las Vegas, December 26, 2009, available at
http://4closurefraud.org/2009/12/26/trashed-out-another-person-claims-theft-in-foreclosure-mistake
.

130
$5,000 as compensation for everything she owned:
“Attorney Claims Woman Is Inflating Her Loss in Foreclosure Mix-Up,” Channel 8 News Now, Las Vegas, December 26, 2009, available at
http://4closurefraud.org/2009/12/23/trashed-out-attorney-claims-woman-is-inflating-her-loss-in-foreclosure-mix-up
.

130
The Horoskis of East Patchogue:
Carl McGowan, “Lender Admits Foreclosure Letter Sent in Error,”
Newsday
, December 18, 2009.

131
Wells Fargo (the holder of the first mortgage) suing Wells Fargo:
Al Lewis, “Wells Fargo So Big It's Suing Itself,” Dow Jones Newswire, July 11, 2009. Also see Angie Moreschi, “Have the Banks Gone Crazy? Wells Fargo Sues Itself,” Consumer Warning Network, July 2, 2009.

131
Before Christmas, Citigroup made a big announcement:
“CitiMortgage and CitiFinancial Announce National Foreclosure Suspension Program to Help Distressed Homeowners During the Holiday Season,” Citigroup press release, December 17, 2009.

131
this affected only four thousand loans:
Matt Weidner, “Citi Suspends Foreclosures: Will/Should Other Lenders Follow Suit?” December 21, 2009,
http://mattweidnerlaw.com/citi-suspends-foreclosures-willshould-other-lenders-follow-suit
.

131
created a banker version of the Whack-a-Mole game:
BBC News, “Bankers ‘Whacked' in Arcade Game,” December 13, 2009. Also see Michael Redman, “‘Whack a Bankster' Game Is a Hit,”
4closurefraud.org
, December 15, 2009.

131
“I am working until the wee hours”:
Lisa Epstein, “Granted? Funding Is Hard to Come By!”
Foreclosure Hamlet
, December 19, 2009.

131
“More and more each day I stare blankly”:
Lisa Epstein, “The Last Day of a Difficult Year,”
Foreclosure Hamlet
, December 31, 2009.

131
“Happy New Year Banksters!”:
Michael Redman, “Happy New Year Banksters,”
4closurefraud.org
, January 1, 2010.

131
“An Officer of Too Many Banks”:
Lynn Szymoniak, “An Officer of Too Many Banks,” January 14, 2010,
www.scribd.com/doc/25266216/An-Officer-of-Too-Many-Banks
.

132
On March 8, 1971, antiwar activists:
Betty Medsger,
The Burglary: The Discovery of J. Edgar Hoover's Secret FBI
(New York: Random House, 2014).

133
In January 2014 the perpetrators finally revealed their role:
Mark Mazzetti, “Burglars Who Took on FBI Abandon Shadows,”
New York Times
, January 7, 2014.

136
Lynn hired her ex, Mark Cullen, as her lawyer, and they attempted:
Deutsche Bank v. Lynn Szymoniak
, Case ID 502008CA022258XXXXMB, July 22, 2008, available at
http://courtcon.co.palm-beach.fl.us/pls/jiwp/ck_public_qry_doct.cp_dktrpt_frames?backto=P&case_id=502008CA022258XXXXMB&begin_date=&end_date=
.

137
Deutsche Bank didn't yet own the loan over which they sued her:
Assignment of Mortgage for Lynn E. Szymoniak, Public Records of Palm Beach County Clerk of Circuit Court, book 22918, pages 1029–30, CFN #20080386764.

138
American Home Mortgage Servicing acquired Option One:
“Company Overview of Option One Mortgage Corporation,” Bloomberg News,
www.bloomberg.com/research/stocks/private/snapshot.asp?privcapId=951370
.

138
She found that Korell Harp was charged with identity theft:
“Federal Grand Jury Criminal Indictments Announced,” press release, U.S. Attorney's Office, Eastern District of Oklahoma, January 14, 2009,
www.fbi.gov/oklahomacity/press-releases/2009/oc011409a.htm
.

139
Korell Harp was in state prison in Oklahoma:
State of Oklahoma v. Harp, Korell Rashaud
, filed September 12, 2008, Pittsburg County, OK, No. CF-2008-00394,
http://www1.odcr.com/detail?court=061-&casekey=061-CF++0800394
. The charges were later dropped when the arresting officer was found to have made racist comments about Harp and his companions. Omer Gillham, “Racist Comments Oust Officer,”
Tulsa World
, February 21, 2009.

139
What she found there wasn't the allonge:
Palm Beach County Public Records, book 19933, page 1827,
http://oris.co.palm-beach.fl.us/or_web1/details.asp?doc_id=15519163&index=0&file_num=20060092890
.

140
She was vice president of at least a dozen:
Lynn Szymoniak, “Who Is Linda Green?” Housing Justice Foundation, December 12, 2012,
http://thjf.org/2012/12/12/who-is-linda-green
; Lynn Szymoniak, “Docx Fabrications and Forgeries—Comparing Signatures and Titles on Mortgage Documents,” January 19, 2010, available at
4closurefraud.org
.

142
In the last week of 2009
Fraud Digest
featured articles:
Lynn Szymoniak, “Docx Mortgage Assignments Filed in Palm Beach County, FL (A-H),”
Fraud Digest
, n.d., available at
http://thjf.org/2012/12/21/docx-mortgage-assignments-filed-in-palm-beach-county-fl-a-h
.

142
in a separate
Fraud Digest
article:
Lynn Szymoniak, “Too Many Jobs,”
Fraud Digest
, January 19, 2009, available at
http://4closurefraud.org/2010/01/27/too-many-jobs-linda-green-tywanna-thomas-korell-harp-and-shelly-scheffey
.

142
DocX . . . was supplying felonious evidence:
Szymoniak, “Who Is Linda Green?” (also provides Linda Green signature samples).

11. Black Deeds

145
“Interested person, Lisa Epstein, will appear”:
Notice of Hearing,
U.S. Bank NA as Trustee et al. v. Vincent Savoia et al
., Circuit Court of the Fifteenth Judicial Circuit in and for Palm Beach County, Florida, Case No. 50-2007-CA-008051XXXXMB.

145
by this time he had cross-posted a number of her
Fraud Digest
articles:
Lynn Szymoniak, “Docx Fabrications and Forgeries—Comparing Signatures and Titles on Mortgage Documents,” January 19, 2010,
4closurefraud.org
; Lynn Szymoniak, “Too Many Jobs,” January 27, 2010,
4closurefraud.org
.

147
the class action translated into a $4 million rate rollback:
Linda Chiem, “AIG to Pay $4M in Workers' Comp Class Action Settlement,”
Law360.com
, September 17, 2012.

147
damages were limited to $1,000 per plaintiff:
15 U.S.C. § 1692k(a)(2)(A), available at
https://www.law.cornell.edu/uscode/text/15/1692k
.

147
case law made it impossible to get a RICO class certified:
Donald R. Frederico, “Class Certification in RICO Fraud Cases,” 2004, 26,
www.mwe.com/info/pubs/rico.pdf
.

148
“American Home Mortgage Acceptance, whose address”:
Assignment of Mortgage, Nassau County Clerk of Circuit Court, book 1592, page 444, available at
http://4closurefraud.org/2010/02/10/beyond-bogus-docx-assignment-of-mortgage-bogus-assignee-for-intervening-asmts
.

150
the clerk of courts even entered the grantee as “BOGUS ASMTS”:
Michael Redman, “Beyond Bogus—DocX Assignment of Mortgage—Bogus Assignee for Intervening Asmts,”
4closurefraud.org
, February 10, 2010.

151
he produced a five-part series:
Damian Figueroa (DinSFLA), YouTube channel, “Foreclosure Fraud,”
https://www.youtube.com/watch?v=LoSPTjd_PXM
,
https://www.youtube.com/watch?v=SD6XUboT1JM
,
https://www.youtube.com/watch?v=uo1-TKj2lMw
,
https://www.youtube.com/watch?v=B—b7txbiKY
, and
https://www.youtube.com/watch?v=hn-5KN_vvMw
, uploaded February 4, 2010.

151
“Looks like DocX's ‘art department' forgot to change the wording”:
Redman, “Beyond Bogus.”

151
“Wait . . . there is more. INCREDIBLE”:
Redman, “Beyond Bogus,” comment from user DinSFLA.

151
“I am going to show you something”:
Damian Figueroa (DinSFLA), YouTube channel, “Foreclosure Fraud MERS, LPS . . . BOGUS ASSIGNMENTS . . . Are You Kidding Me DocX???” uploaded February 10, 2010, q

152
Michael posted a new story:
Michael Redman, “Enough Is Enough! DocX Assignment of Mortgage—Bogus Assignee for Intervening Asmts All Over the Public Records,”
4closurefraud.org
, February 10, 2010.

152
Karl Denninger picked up the story:
Karl Denninger, “How Far Does It Go Before Indictments Issue?” FedUpUSA, February 10, 2010,
www.fedupusa.org/2010/02/how-far-does-it-go-before-indictments-issue
.

153
“prevent the wasting of judicial resources”:
Supreme Court of Florida, “In Re: Amendments to the Florida Rules of Civil Procedure,” Case No. SC09-1460, and “In Re: Amendments to the Florida Rules of Civil Procedure—Form 1.996 (Final Judgment of Foreclosure),” Case No. SC09-1579. February 11, 2010, available at
http://4closurefraud.org/2010/02/11/supreme-court-of-florida-in-re-amendments-to-the-florida-rules-of-civil-procedure
.

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