Chain of Title (50 page)

247
“Deadbeat bank” actions became more widespread:
Jeff Gelles, “Phila. Homeowner Wins Judgment Against Wells Fargo over Mortgage Fees,”
Philadelphia
Inquirer
, February 15, 2011;
The Daily Show with Jon Stewart
, “The Forecloser,” Comedy Central, August 8, 2011.

247
second annual Rally in Tally:
Michael Redman, “Continuously Updated | March 9, 2011: Second Annual Freedom Ride and Rally in Tally for Combatants of Illegal Foreclosures,”
4closurefraud.org
, February 23, 2011; Michael Redman, “Pictures of Our Rally in Tally,” 4closurefraud, March 10, 2011.

247
Michael found the e-signature of Shapiro & Fishman lawyer Anna Malone:
Kimberly Miller, “Lawyers' Name Shows Up on Foreclosure Docs Filed Months After She Resigned,”
Palm Beach Post
, February 21, 2011.

247
an instruction manual on how to manufacture affidavits:
Lisa Epstein, “Ben-Ezra Katz Foreclosure Mill—Internal Instructions on How to Copy/Cut/Paste, Perjury and Fraud upon the Court,”
Foreclosure Hamlet
, February 19, 2011.

247
one company even taking the ashes of a woman's late husband:
Andrew Martin, “Banks Accused of Illegally Breaking into Homes,”
New York Times
, December 21, 2010.

247
making all their loan modification payments and still getting foreclosed:
Carolyn Said, “Family Faces Foreclosure after Following the Rules,”
San Francisco Chronicle
, November 25, 2010.

247
paid off her house and
then
got a default notice:
Jon Yates, “Problem: Paying Off Mortgage Results in Default,”
Chicago Tribune
, February 20, 2011.

247
conducting an eviction and finding a dead body:
Kelli Cook, “Deputies Serving Eviction Notice Find Dead Body Inside Home,” News 13 Orlando, February 17, 2011, available at
https://web.archive.org/web/20110221193858/http://www.cfnews13.com/article/news/2011/february/209025/Body-found-along-with-suspicious-item-inside-Orlando-home
.

247
one on children of foreclosure:
Scott Pelley, “Homeless Children: The Hard Times Generation,”
60 Minutes
, CBS News, June 20, 2011. Based on this post at
4closureFraud
, the story appears to have run that March:
http://4closurefraud.org/2011/03/07/60-minutes-homeless-children-the-hard-times-generation
.

247
and her segment, which aired on April 3:
Scott Pelley, “The Next Housing Shock,”
60 Minutes
, CBS News, April 3, 2011.

19. Wriggling off the Hook

250
Loeb Award for excellence in business reporting:
“UCLA Anderson Announces 2012 Gerald Loeb Award Winners,” press release, Anderson School of Management, UCLA, June 26, 2012.

250
Lynn got the case dismissed:
Michael Redman, “Victory | Our 60 Minutes Hero, Lynn Szymoniak, had Her Foreclosure Case Dismissed,”
4closurefraud.org
, April 5, 2011.

250
everyone had the name Linda Green:
Michael Redman, “Another Successful Foreclosure Fraud Happy Hour,”
4closurefraud.org
, April 22, 2011.

252
O'Brien contacted state attorney general Martha Coakley:
John Carney, “The MERS Wars Heat Up in Massachusetts,” CNBC, November 30, 2010; Jenifer B. McKim, “Firm May Skirt Millions in Property Fees,”
Boston Globe
, December 15, 2010; “O'Brien Calls on MERS to Come Clean and Pay Up: Says Essex County Owed $22 Million Dollars,” press release, February 22, 2011, available at
www.foreclosurehamlet.org/profiles/blogs/deadbeat-mers-to-be-billed-22
.

252
“I believe the banks' actions speak louder than words”:
David Dayen, “Register of Deeds John O'Brien Releases Forensic Study, Finds Mass Fraud in Foreclosure Docs,” FDL News, June 30, 2011,
http://shadowproof.com/2011/06/30/register-of-deeds-john-obrien-releases-forensic-study-finds-mass-fraud-in-foreclosure-docs
.

253
Thigpen and O'Brien drafted an open letter:
“Register of Deeds Jeff Thigpen (NC) and John O'Brien (MA) Ask 50 State Attorney General Foreclosure Work Group to Require All Past and Present MERS Assignments to Be Filed!” press release, April 7, 2011, available at
http://myemail.constantcontact.com/MEDIA-RELEASE-Register-of-Deeds-Thigpen—NC—and-O-Brien—MASS—Letter-to-Iowa-AG-Miller-and-50-State-Attorney-Generals-Foreclos.html?soid=1100673877654&aid=3bL0Fyi43yE
.

253
“a betrayal of public trust”:
WGHP-TV, Greensboro, “Thousands of Guilford Mortgage Documents Could Be Fraudulent, County Officials Say,” May 4, 2011, available at
https://web.archive.org/web/20110507073044/http://www.myfox8.com/news/wghp-story-guilford-mortgage-fraud-110504,0,379574.story
; David McLaughlin, “BofA, Wells Fargo Mortgage Papers Challenged in North Carolina,”
Bloomberg Business
, May 4, 2011.

253
the whole thing would cost $20 billion to $30 billion:
Nick Timiraos, Dan Fitzpatrick, and Ruth Simon, “U.S. Pushes Mortgage Deal,”
Wall Street Journal
, February 24, 2011.

253
“a good deal of fraud”:
Charles Jaco, “Missouri Foreclosure Fraud: Some Say the Entire System Is Broken,” KTVI-Fox2Now, March 17, 2011, available at
https://web.archive.org/web/20110321075547/http://www.fox2now.com/ktvi-foreclosure-fraud-missouri-31711,0,7746033.story
.

253
The proposed settlement sounded like HAMP 2.0:
Marcy Wheeler, “HAMP II: The $20 Billion Get Out of Jail Free Card,” Emptywheel, February 23, 2011.

253
“I really feel I shouldn't talk”:
Matt Stoller, “AG Tom Miller Negotiating in Secret With Banks over Whether to Put Bankers in Jail,” Roosevelt Institute, February 26, 2011.

254
“settlement term sheet”:
David McLaughlin, “Foreclosure Settlement Terms Sent to Banks by U.S., States,”
Bloomberg Business
, March 4, 2011.

254
“Without CRIMINAL INDICTMENTS, there is no settlement”:
Michael Redman, “50 State Attorney General 27 Page ‘Settlement' on Fraudclosures,”
4closurefraud.org
, March 7, 2011.

254
They described a tension between doing something quickly:
David Dayen, “Democratic Attorneys General Question Unclear, Rushed Mortgage Servicer
Settlement,” FDL News, March 24, 2011,
http://shadowproof.com/2011/03/24/democratic-attorneys-general-question-unclear-rushed-mortgage-servicer-settlement
.

254
That vaunted interagency review . . . concluded:
Testimony of John Walsh, acting comptroller of the currency, Senate Banking Committee, February 17, 2011, 13–17, available at
www.propublica.org/documents/item/testimony-of-occs-john-walsh-feb-17-2011
.

254
2,800 loan files . . . 100 foreclosures:
Yves Smith, “Feds Reviewed Only 100 Foreclosure Files in Servicer Whitewash,”
Naked Capitalism
, May 14, 2011.

254
“critical deficiencies”:
Testimony of John Walsh, 15.

255
JPMorgan acted swiftly, firing the executive:
Dawn Kopecki, “JPMorgan Ousts Home-Lending Chief After Foreclosure Lapses,”
Bloomberg Business
, June 14, 2011; Associated Press, “JPMorgan to Make Amends with Military Clients,” February 15, 2011.

255
this was “camo-washing”:
David Dayen, “Camo-Washing: BofA Offers Principal Reduction Program for Service Members,” FDL News, March 10, 2011,
http://shadowproof.com/2011/03/10/camo-washing-bofa-offers-principal-reduction-program-for-service-members
.

255
the Office of the Comptroller of the Currency and the Federal Reserve:
Board of Governors of the Federal Reserve System, press release, April 13, 2011,
www.federalreserve.gov/newsevents/press/enforcement/20110413a.htm
.

255
guilty parties in charge of determining their own punishment:
David Dayen, “A Slap on the Wrist for Mortgage Fraud,”
American Prospect
, April 15, 2011.

255
Page 3: “The reviews showed”:
Lisa Epstein, “Federal Banking Regulators Expose Massive Mortgage Backed Securities Fraud as Part of Fraudclosure Investigation?”
Foreclosure Hamlet
, April 14, 2011.

256
In re Wilson
:
Memorandum Opinion,
In re Wilson
, United States Bankruptcy Court, Eastern District of Louisiana, Case No. 07-11862, filed April 7, 2011, available at
www.scribd.com/doc/52867919/In-Re-Wilson-Memorandum-Opinion-07-Apr-2011
.

256
Veal v. American Home Mortgage Servicing
:
Opinion,
Veal v. American Home Mortgage Servicing et al
., United States Bankruptcy Appellate Panel of the Ninth Circuit, BAP Nos. AZ-10-1055-MkKiJu and AZ-10-1056-MkKiJu, Appeal from the United States Bankruptcy Court for the District of Arizona, opinion filed June 10, 2011,
http://cdn.ca9.uscourts.gov/datastore/bap/2012/11/08/Veal-10-1055corr_06_10_2011.pdf
.

256
Horace v. LaSalle . . . Hendricks v. U.S. Bank
:
Opinion and Order,
Phyllis Horace v. Lasalle Bank N.A
., District Court of the United States for the Middle District of Alabama, Eastern Division, Civil Action No. 3:08cv1019-MHT, opinion filed February 17, 2009,
http://law.justia.com/cases/federal/district-courts/alabama/almdce/3:2008cv01019/39791/32
; Opinion and Order Denying in Part and Granting in Part Defendant's Motion for Summary Disposition and Granting Plaintiff's Motion for Summary Disposition,
James Hendricks v. U.S. Bank, N.A
., State of Michigan, Washtenaw County Trial Court, Case No. 10-849-CH, June 6, 2011, available at
www.scribd.com/doc/57374561/Hendricks-v-U-S-Bank
.

256
Bank of New York v. Silverberg
:
Opinion of the Court,
Bank of New York v. Silverberg
, Supreme Court of the State of New York, Appellate Division, Second Judicial Department, Case No. 2010-00131, decided on June 7, 2011,
www.courts.state.ny.us/Reporter/3dseries/2011/2011_05002.htm
.

256
David J. Stern gave up:
Letter from David J. Stern to Chief Judge, March 4, 2011, available at
www.scribd.com/doc/50227529/Letter-From-David-J-Stern-to-Chief-Judge
.

256
Ben-Ezra & Katz:
Kimberly Miller, “Ben-Ezra and Katz to Close Foreclosure Business, Second South Florida Firm to Shut Its Foreclosure Operations,”
Palm Beach Post
, April 28, 2011.

256
Stern, ultimately, was the deadbeat:
Michael Redman, “Deadbeat | David J. Stern, Dethroned ‘Foreclosure King' Does Not Pay His Bills,”
4closurefraud.org
, April 10, 2011.

256
Governor Rick Scott granted the judiciary a loan:
Zach Carter, “‘Awful' Florida Foreclosure Courts May Shut Down Due to GOP Budget Cuts,”
Huffington Post
, May 19, 2011.

256
“too crowded”:
Lisa Epstein, “Foreclosure Hearings Closed to Public Despite FL Supreme Court Justice Canady's Order,”
Foreclosure Hamlet
, May 6, 2011.

257
Chip Parker . . . Matt Weidner was also investigated:
Julie Kay, “Lawyers Investigated for Criticizing System,”
Daily Business Review
, May 18, 2011.

257
Bailiffs removed lawyer Mark Stopa:
Mark Stopa, “Mark Stopa Thrown Out of Court (Literally),”
Stopa Law Blog
, April 20, 2011,
www.stayinmyhome.com/blog/mark-stopa-thrown-out-of-court-literally
.

257
Victor Tobin:
Kimberly Miller, “Broward Chief Judge Resigns to Join So-Called ‘Foreclosure Mill,'”
Palm Beach Post
, May 18, 2011.

257
140,000 foreclosure cases got cleared:
Kimberly Miller, “Foreclosure Crisis: Fed-Up Judges Crack Down on Disorder in the Courts,”
Palm Beach Post
, April 4, 2011.

257
Lee County judge James Thompson:
Abigail Field, “The Foreclosure Mess: Florida Judges Can Do Better,”
Daily Finance
, December 24, 2010; Abigail Field, “Florida Is Still Letting Banks Break the Rules in Foreclosure Cases,”
Daily Finance
, January 5, 2011.

257
They filed an emergency motion to intervene:
“ACLU Charges High-Speed Florida Foreclosure Courts Deprive Homeowners of Chance to Defend Homes,” ACLU press release, April 7, 2011; Petition for Writ of Certiorari or Writ of Prohibition,
George E. Merrigan v. Bank of New York Mellon
, District Court of Appeal, State of Florida, Second District, Case No. 09-CA-055758, available at
www.scribd.com/doc/52504270
(note that petitioner's name is Georgi Merrigan, but the circuit court erroneously referred to her as “George Merrigan”).

257
denying the ACLU's request:
“ACLU Calls for Immediate Reform of High-Speed Florida Foreclosure Courts,” ACLU press release, June 27, 2011.

258
Citizen Warriors Radio taped Saturday mornings at eight o'clock:
Michael Redman, “Warrior Lawyers | New Radio Show Saturdays from 8–10 am EDT with
4closureFraud.org
and
ForeclosureHamlet.org
,”
4closurefraud.org
, May 6, 2011.

258
Federal authorities indicted Carol:
Kimberly Miller, “Two More Indicted in Alleged Versailles Mortgage Fraud,”
Palm Beach Post
, April 29, 2011.

259
“I find it very disturbing that the government must use”:
Ibid.

259
“He's just trying to save his job”:
Steve Dibert, “Foreclosure Attorney and Owner of
4closurefraud.org
Indicted for Mortgage Fraud,” Mortgage Fraud Investigations—Miami, April 30, 2011,
http://mfi-miami.com/2011/04/foreclosure-attorney-owner-of-4closurefraud-org-indicted-for-mortgage-fraud
.