Chain of Title (52 page)

274
“It is premature to sign an agreement”:
David Dayen, “Lawmakers, ‘Fair Settlement' Coalitions Pressuring AGs on Foreclosure Fraud,” FDL News, December 15, 2011,
http://shadowproof.com/2011/12/15/lawmakers-fair-settlement-coalitions-pressuring-ags-on-foreclosure-fraud
.

274
“conducting foreclosures when the defendants lacked the right”:
Complaint,
Commonwealth of Massachusetts v. Bank of America et al
., Suffolk County Superior Court, Docket No. 11-4363, December 1, 2011,
www.mass.gov/ago/docs/press/ag-complaint-national-banks.pdf
.

274
“We are disappointed that Massachusetts”:
Diana Olick, “First Major State Lawsuit Filed over ‘Robo-Signing,'” CNBC, December 1, 2011.

274–275
released his report about the firing of June Clarkson and Theresa Edwards:
Florida Department of Financial Services Office of Inspector General, “Report of Inquiry Number 12312,” January 6, 2012, available at
https://www.scribd.com/doc/77393414/IG-Report-1
.

275
They were unprofessional:
Letter from Barry Richard to June Clarkson, March 12, 2010, available at
www.scribd.com/fullscreen/66947197
.

275
According to the report, Lisa and Lynn leveraged:
Michael Redman and Lisa Epstein, “Bondi/Atwater Inspector General Report Fail | Pointing Out a Few of the Many IG Report Deficiencies,”
4closurefraud.org
, January 12, 2012.

276
“may have used a couple of slides”:
Ibid.; Florida Department of Financial Services Office of Inspector General, “Report of Inquiry Number 12312,” January 6, 2012, available at
www.scribd.com/doc/77393414/IG-Report-1
.

276
Richard Lawson told Scott Maxwell:
Scott Maxwell, “On Foreclosure Fraud, Pam Bondi Comes Up Short,”
Orlando Sentinel
, December 20, 2011.

276
Lisa obtained confidential communications:
Michael Redman and Lisa Epstein, “Public Records Request from FL AG Employees to LPS,”
4closurefraud.org
, September 22, 2011.

276
Michigan had issued more damaging criminal subpoenas:
Lisa Epstein, “LPS/DocX: MI AG Opens Criminal Investigation. Frmr Dep. FL AG Jacquot Revolving Doors into LPS,”
Foreclosure Hamlet
, June 16, 2011.

276
Sue Sanford from the Michigan AG's office”:
Abigail Field, “Meet Pam Bondi, Foreclosure Fraudsters BFF,” Reality Check, January 10, 2012, available at
https://web.archive.org/web/20120113202317/http://abigailcfield.com/?p=691
.

276
“It's a simple cover-up”:
David Dayen, “IG Report Whitewashes Firing of Foreclosure Fraud Investigators in Florida,” FDL News, January 9, 2012,
http://shadowproof.com/2012/01/09/ig-report-whitewashes-firing-of-foreclosure-fraud-investigators-in-florida
.

277
“Tonight, I'm asking my Attorney General”:
Remarks by the president in State of the Union Address, January 24, 2012,
www.whitehouse.gov/the-press-office/2012/01/24/remarks-president-state-union-address
.

278
why would they do it now?:
David Dayen, “The Schneiderman Gambit: Financial Fraud Unit Appears Designed to Fail, and Grease Skids for Foreclosure Fraud Settlement,” FDL News, January 25, 2012,
http://shadowproof.com/2012/01/25/the-schneiderman-gambit-financial-fraud-unit-appears-designed-to-fail-and-grease-skids-for-foreclosure-fraud-settlement
.

278
he would bolt in the showiest, most public way possible:
David Dayen, “How the Schneiderman Panel Could Work,” FDL News, January 26, 2012,
http://shadowproof.com/2012/01/26/how-the-schneiderman-panel-could-work
.

278
The Campaign for a Fair Settlement front organization fell in line:
Dayen, “The Schneiderman Gambit.”

278
state and federal regulators announced the National Mortgage Settlement:
“Federal Government and State Attorneys General Reach $25 Billion Agreement with Five Largest Mortgage Servicers to Address Mortgage Loan Servicing and Foreclosure Abuses,” press release, Department of Justice, February 9, 2012.

278
Forty-nine states joined, all but Oklahoma:
Richard Mize, “Oklahoma Is Lone Maverick in National Mortgage Settlement Signed by 49 States,”
Oklahoman
, February 10, 2012.

278
Eric Schneiderman said at the time:
“AG Eric Schneiderman Opposes Foreclosure Deal.”

279
Headlines touted the largest corporate payout:
Brady Dennis and Sari Horwitz, “Settlement Launches Foreclosure Reckoning,”
Washington Post
, February 10, 2012.

279
one million borrowers would get mortgage balances cut:
Margaret Chadbourn and Aruna Viswanatha, “One Million Homeowners May Get Mortgage Write-downs: U.S.,” Reuters, January 18, 2012.

280
violations of the False Claims Act:
Rick Rothacker, “Whistleblowers Reap Millions in U.S. Mortgage Suits,” Reuters, March 14, 2012.

280
she would receive $18 million of that herself:
Alexander Eichler, “Lynn Szymoniak, Mortgage Victim, Receives $18 Million for Investigating Mortgage Crisis,”
Huffington Post
, March 15, 2012.

21. Lisa's Last Stand

281
“It's very satisfying to recover this money”:
Zach Carter, “Lynn Szymoniak, Foreclosure Activist, Says $18 Million Doesn't Make Up for Homeowners' Harms,”
Huffington Post
, March 20, 2012

281
Deutsche Bank removed Mark Elliot from the case:
Zach Carter, “Bank Drops Legal Pressure on Foreclosure Fraud Expert's Family,”
Huffington Post
, June 13, 2011.

282
Akerman said they wanted to depose pool maintenance staff:
Kimberly Miller, “Pool Guy, Landscaper of $18 Million Foreclosure Winner Subpoenaed,”
Palm Beach Post
, March 27, 2012.

283
“failing to maintain accurate account statements”:
Complaint,
United States et al. v. Bank of America Corporation et al
., United States District Court for the District of Columbia, Case No. 1:12-cv-00361-RMC, filed March 14, 2012, 22, available at
https://d9klfgibkcquc.cloudfront.net/Complaint_Corrected_2012-03-14.pdf
.

283
thirty-five of those cases:
Office of Inspector General, U.S. Department of Housing and Urban Development, “JPMorgan Chase Bank N.A. Foreclosure and Claims Process Review, Columbus, OH,” Memorandum No. 2012-CH-1801, March 12, 2012, 8, available at
https://www.hudoig.gov/sites/default/files/documents/audit-reports//2012-ch-1801.pdf
.

283
“pay what you can” corporate penalties:
Aruna Viswanatha, “Government Details Mortgage Pact, Promises Tough Oversight,” Reuters, March 12, 2012.

283
nearly half the penalty—over $1 billion:
Pamela M. Prah, “States Used Mortgage Settlement Money to Balance Budgets,”
USA Today
, October 8, 2013.

284
The settlement codified predatory servicing:
Consent Judgment,
United States of America et al. v. Bank of America et al
., United States District Court for the District of Columbia, Case No. 1:12-cv-00361-RMC, filed April 4, 2012, E-4, E-5, E-8-E-12, E1-1-E1-14. Each of the five mortgage servicers in the National Mortgage Settlement agreed to a separate consent judgment, but the language on threshold error rates in all of them is the same.

284
folded into the settlement:
“Notice of Anticipated Settlement by Petitioner Attorney General Mike DeWine,”
Ohio v. GMAC
, Supreme Court of Ohio, Case No. 2011-0890, filed February 6, 2012, available at
http://www.sconet.state.oh.us/pdf_viewer/pdf_viewer.aspx?pdf=701829.pdf
; “Attorney General Masto Announces Two Historic Mortgage Servicing Foreclosure Settlements,” press release, Office of the Attorney General, Nevada, February 9, 2012.

284
Eric Schneiderman filed a last-minute suit:
Ruth Simon and Nick Timiraos, “New York to Settle Some Mortgage Claims with 5 Banks,”
Wall Street Journal
, March 13, 2012.

284
Martha Coakley got only $2.7 million:
“Four National Banks to Pay $2.7 Million to Massachusetts over Unlawful Foreclosures,” press release, Office of Attorney General, Massachusetts, January 16, 2015.

284
$350,000 settlement with Nationwide Title Clearing:
Final Consent Decree,
People of the State of Illinois v. Nationwide Title Clearing
, Circuit Court of Cook County, Illinois, County Department, Chancery Division, Case No. 12-CH-03602, filed December 11, 2013, available at
http://stopforeclosurefraud.com/2013/12/13/the-people-of-the-state-of-illinois-v-nationwide-title-clearing-inc-final-consent-decree-alleging-violated-the-consumer-fraud-act-and-the-uniform-deceptive-trade-practices-act
.

284
Beau Biden settled with MERS for $0:
“Biden Secures Reforms from National Mortgage Registry,” press release,
Delaware.gov
, July 13, 2012. See also David Dayen, “Delaware AG Biden Settlement with MERS Promises Reforms Already Pledged,” FDL News, July 13, 2012,
http://shadowproof.com/2012/07/13/delaware-ag-biden-settlement-with-mers-promises-reforms-already-pledged
.

284
The facts came out in an affidavit provided to the court:
Affidavit of John P. Kelleher, State of Nevada, County of Clark, December 2012, available at
http://nevadajournal.com/assets/uploads/2013/02/affidavit-of-john-p.pdf
.

284
a notice of default taped to Kelleher's door:
Steven Miller, “AG Covered Up Conflict of Interest in Robo-Signing Case, Says Brief,”
Nevada Journal
, November 29, 2012.

284
The judge dismissed the charges against Trafford and Sheppard entirely:
Ken Ritter, “Judge Tosses Mortgage ‘Robosigning' Case in Vegas,” Associated Press, February 26, 2013.

284
“complete embarrassment”:
Kyle Gillis, “New Robo-Signing Brief: Misconduct by AG Masto's Office Could ‘Seriously Damage Public Confidence' in That Office,”
Nevada Journal
, February 25, 2013.

285
“When we first got involved in the case”:
Brian Mahoney, “How They Won It: Irell Unravels Nevada Robosigning Case,” Law360, April 1, 2013.

285
Curtis Hertel, a register of deeds:
Hertel v. Bank of America N.A. et al
, Thirtieth Circuit Court, Ingham County, Michigan, Case No. 11-687-CZ, filed June 22, 2011. The case was eventually moved to U.S. District Court, Western District of Michigan, on July 22, 2011. Opinion in the U.S. District Court case available at
https://scholar.google.com/scholar_case?case=2806553639914624068
.

285
Thigpen had just sued MERS:
Complaint and Motion for Appointment of a Special Master and for Injunctive Relief,
Guilford County ex rel. Jeff Thigpen v. Lender Processing Services et al
., General Court of Justice, Superior Court Division, Guilford County, North Carolina, Case No. 12-CVS-4531, filed March 14, 2012, available at
www.scribd.com/doc/85343328/Guilford-Complaint
. Case dismissed on May 29, 2013:
www.ncbusinesscourt.net/opinions/2013_NCBC_30.pdf
.

286
Palm Beach County had 1.3 million residents:
United States Census Bureau Quick Facts,
http://quickfacts.census.gov/qfd/states/12/12099.html
.

286
So she announced her intent to run:
George Bennett, “Redistricting Could Pit Several Incumbent Palm Beach County State Legislators Against Each Other,”
Palm Beach Post
, March 18, 2012.

287
a case management contract with a division of LPS:
“Florida Court Selects LPS Case Management Software,” MortgageOrb, June 26, 2009,
www.mortgageorb.com/e107_plugins/content/content.php?content.3769
; “LPS' Largest Implementation of ShowCase® Court Case Management System to Date in Palm Beach County, Fla.,” LPS press release, PRNewswire, March 14, 2012.

287
LPS gave Sharon a maximum-level contribution:
Florida Department of State, Division of Elections, Campaign Treasurer's Report Summary, Sharon R. Bock for Clerk of the Circuit Court, covering period from 1/1/2012-3/31/2012, 5, 10.

288
other activists, inspired by her run, started their own campaigns:
Ryan Grim and Arthur Delaney, “Foreclosure Victims Aim to Take over County Courthouses,”
Huffington Post
, May 2, 2012.

290
“our public land records have been defiled”:
“Lisa Epstein Clerk of Court Channel 12 Interview,” WPEC-12 TV, uploaded June 14, 2012,
https://www.youtube.com/watch?v=9jr8hvOfgwI
.

290
“damage Lisa Epstein as the voice of the dispossessed”:
George Bennett, “PBC Races Are Drawn: Bock, Vana, Negron All Draw Late Challenges,”
Palm Beach Post
, June 8, 2012.

290
Lynn bought a Buick:
Karen Weise, “Mortgage Fraud Whistle-Blower Lynn Szymoniak Exposed Robosigning's Sins,”
Bloomberg BusinessWeek
, September 12, 2013.

291
Foreclosure filings rose 85 percent:
Kimberly Miller, “Foreclosures, Repos up from Last Year in South Florida,”
Palm Beach Post
, April 12, 2012.

292
It was the 274th and final docket entry:
Docket report,
Deutsche Bank v. Lynn Szymoniak
, Clerk and Comptroller, Palm Beach County, 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=
.