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Two Original “WET INK” Notes Discovered in Same Foreclosure Case – Beth Cottrell JPMorgan Chase Team – 18,000 Documents a Month!
Two Original “WET INK” Notes Discovered in Same Foreclosure Case – Beth Cottrell JPMorgan Chase Team – 18,000 Documents a Month!
This
type of thing is not an isolated incident. When have verified reports
of “wet ink” notes that have been printed off of a high quality printer
to produce to the courts to foreclose.
In the example below, it
looks like two different attorneys from the Florida Default Law Group
did not realize that the other attorney filed a “copy” before they did.
Not only were there two notes filed as certified originals in the case, they were slightly different as you will see below.
As GMAC would say, just a “technical” issue…
Ice Legal deposed Ms Cottrell on these issues and this is what she had to say in her deposition…
You can check out the full deposition here…
LINK- Full Deposition of Beth Cottrell Chase Home Finance – Robo-Signer Extraordinaire
Chase Home Finance, LLC,
Plaintiff,
vs.
Judith Koren, et al.,
Defendants
Q. So can you describe what kinds of documents you sign?
A. I sign affidavits, deeds, assignments.
Q. And what else?
A. Allonges, lost note affidavits, lost mortgage affidavits.
Q. And can you tell me in a given week how many affidavits you might sign?
A. Can I tell you — I can tell you as a group, as a whole.
Q. Sure.
A. Amongst all the management we sign about 18,000 a month.
Q. And that would include affidavits and assignments and the other documents you listed?
A. Everything.
Q. And how many folks are on what you call the management?
A. Let’s see, eight.
Q. When did you first become aware that there were different notes in this case?
A. This morning.
Q. So when you signed the affidavit and said “Plaintiff is
entitled to enforce the note and mortgage,” you didn’t know which of
these two notes you were referring to.
A. No.
Q. And why did you take a look this morning?
A. At the notes?
Q. Yeah.
A. Just my practice before going to a deposition.
Q. Forgive me if I’ve asked you, any knowledge as to why there are two different notes in the case?
A. No.
Q. And you don’t know who would have more information?
A. No.
Q.
Do you know any consideration — and by consideration I mean money — or
any other payment of any sort, whether money or any kind, that J.P.
Morgan paid to Choice Mortgage Bank in return for this endorsement?
A. No.
Q. Do you know who would have more knowledge of that?
A. I’m sorry.
Q. Do you know who would have more knowledge of that?
A. No.
Q. Going back to the affidavit of the amounts due and owing,
please. In paragraph 2 you state that you had personal knowledge of the
matters contained in the books, records, and documents kept by Chase.
What books, records, and documents were you referring to there?
A. History on the loan.
Q. And what sort of history?
A. Payment and where the amounts came from.
Q. And tell me what documents you looked at concerning the payment history.
A. That’s a system called MSP, and it’s a history screen that gives me a breakdown.
Q. And you personally looked at that prior to signing this affidavit?
A. No.
Q. Did you look at anything else besides –well, I should say
did you look at any books records, and/or documents before you signed
this affidavit?
A. No.
Q. So if you didn’t
review any books, records, and documents or computerized records, how
is it that you had personal knowledge of all the matters contained
therein?
A. Well, I have personal knowledge that my staff has personal knowledge. That is our process.
There
is much more in the deposition that is damning but in this post that
is all I will be focusing on because it speaks to the examples below.
So, just a technical issue?
You decide…
Two “Original” Fabricated Notes?
In my last Foreclosure Fraud of the Week we talked about Poor Photo Shop skills.
This week we will expand on that topic.
Hold onto your hats. This one could possibly be a game changer.
Below are TWO “Original” Wet Ink Notes submitted in the same OPEN case by the notorious Florida Default Law Group.
One submitted by Ms. Ashleigh Politano Esq and the other by Tamara M. Walters Esq.
I am very grateful for this find since it corroborates some theories I have had.
I
personally believe, that in most cases, the “Original” notes are
purely high quality COPIES. The reason I say this is because almost
EVERY questionable “Original” note I examine, the blue “wet ink”
signature is always the same odd colored blue. You know, the blue that
comes off a printer or copy machine. I have yet to find that same
elusive blue colored pen in any stationary store.
I think that
the Foreclosure Mills and the Default Processing firms have electronic
copies of the notes and just print them out however they need them, or
they just replace the last page with a fabricated one that is endorsed
to the plaintiff.
Not only that, the last page of the note, in many cases, is a different quality paper then the first few pages.
Now I know these are some conspiracy theorist type allegations, so bear with me and see for yourselves below.
Most judges do not want to hear those theories, so lets take it a step further to possibly opening their eyes.
Remember
that these are both “Original” Notes filed in the same case, both with
“wet ink” signatures, by the Florida Default Law Group, so they should
be identical, right?
I took the liberty on taking screen shots of the “Notes” where I thought there might be frauds perpetrated on the court.
Examine the full Certified Copies below to compare…
I labeled them;
NOTE ONE (Submitted by Ashleigh Politano Esq)
and
NOTE TWO (Submitted by Tamara M. Walters Esq)
I highly doubt that the TRUE note holder had both of these as originals on hand.
There is more to come…
Enjoy!
4closureFraud
1-561-880-LIES
Click on Images to Enlarge
Notices of Filing Original “Notes”
1st Page of Notes
Payments
1st Page of Notes
VOID
Last Page of Notes
Documentary Tax
Last Page of Notes
Borrowers Signature
Last Page of Notes
Endorsement to Plaintiff by Plaintiff
Last Page of Notes
Original Endorsement to VOID
NOTE ONE
(Submitted by Ashleigh Politano)
Defendant has retained counsel
NOTE TWO
(Submitted by Tamara M. Walters)
Defendant has retained counsel
This motion below was filed and is set for hearing on October 19th 2010 in Palm Beach County Florida…
The bank “lawyered up” and hired well-respected firm Gray Robinson to represent them.
Come one, come all to view the outcome of this historic case…
Only time will tell…
So, without further ado, excerpts from the motion…
CHASE HOME FINANCE LLC,
Plaintiff,
vs.
JUDITH KOREN
Defendant.
CASE NO.
50 2008 CA 016857XXXX MB
MOTION FOR SANCTION OF
DISMISSAL WITH
PREJUDICE
Introduction
In support of its Motion for Summary Judgment, CHASE submitted an
Affidavit of Amounts Due and Owing. This key part of CHASE’s case
sought to lay the evidentiary foundation for the amounts allegedly to
CHASE from the KORENS. The affidavit was signed by Beth
Cottrell(“COTTRELL”), an “Assistant Secretary” of CHASE. The KORENS
deposed COTTRELL to examine the veracity of the affidavit. Upon
deposition, COTTRELL’s answers regarding the preparation and submission
of the affidavit brought to light troubling practices, and, in some
instances, outright fraud and deceit. The KORENS move to dismiss this
case with prejudice as a sanction to CHASES’s for submitting this
fraudulent affidavit to the Court.
COTTRELL Made Innumerable False Statements on The Affidavit
Q.
Well, just I’ll ask you in regards to the entire affidavit. This was
an introductory paragraph I believe referring to the entire affidavit.
It stated you deposed on personal knowledge. As to everything in the
affidavit, did you have personal knowledge?
A. My own personal knowledge, no.
Affidavit: “There is no genuine issue as to any material fact.”
Q. And did you do anything to verify that there was no genuine issue as to any material fact in this case?
A. No.
Affidavit: “Plaintiff is entitled to enforce the note and mortgage.”
Q.
Also in paragraph 1 you stated “That plaintiff is entitled to enforce
the note and mortgage.” Again, did you have personal knowledge of
that?
A. No knowledge.
The Filing and Submission of Such a Fraudulent Affidavit is Grounds for Dismissal With Prejudice
Filing
and submitting to the Court such a blatantly fraudulent affidavit is
grounds for the sanction of dismissal with prejudice. Trial courts
have “the right and obligation to deter fraudulent claims from
proceeding in court.” Savino v. Fla. Drive In Theatre Mgmt., Inc., 697
So.2d 1011, 1012 (Fla. 4th DCA 1997).
Defendants submit that
all of the applicable standards for dismissing a case for fraud have
been met in this case. First, this would be “a most blatant showing of
fraud.” Plaintiff’s affidavit refers to the affiant having personal
knowledge four times. Yet COTTRELL admitted, without reservation, that
she did not have personal knowledge of the matters in the affidavit.
Second,
clear and convincing evidence abounds that the substance and
submission of the affidavit were fraudulent. COTTRELL’s own words from
her deposition prove without any doubt that she testified to things in
the affidavit which simply were not true.
Third, Plaintiff and
Plaintiff’s law firm have undoubtedly set in motion this process of
trying to influence the finder of fact. This is not the first time
that fraudulent affidavits filed by Florida Default Law Group, P.L.
have been brought to this Court’s attention.
Furthermore, the
Court cannot assume that this is an isolated incident whereby Plaintiff
accidentally failed to live up to its own words in an affidavit.
Rather, COTTRELL testified that her office signs over 18,000 documents a
week between 8 people. COTTRELL further testified that “My review [of
documents] is more or less signing the document unless it’s
questionable.” Accordingly, the Court can be assured that the subject
affidavit is not the only document filed by Plaintiff or its counsel
that is without any verification or truth behind the facts asserted.
Finally,
the fraudulent affidavit goes directly to damages and the amount
purportedly owed by Defendants. As such, dismissal is a proper
sanction. Therefore, the fraudulent affidavit in this case meets all
the relevant tests that Florida courts have applied to determine if
dismissal with prejudice is an appropriate remedy.
WHEREFORE, Defendants ask the Court to dismiss this action with
prejudice as a sanction for submitting a blatantly fraudulent
affidavit. Defendants ask for any additional sanctions the Court deems
appropriate, including but not limited to, attorneys’ fees and costs
for having to uncover Plaintiff’s conduct.
Be sure to check out the full motion below…
And remember, this hearing is scheduled for October 19th 2010 in Palm Beach County Florida…
~
4closureFraud.org
~
Beth Cottrell, Chase Home Finance
MOTION FOR SANCTION OF DISMISSAL WITH PREJUDICE
For the Latest Bombshell on Beth Cottrell
LINK - Promiscuous Girl Beth Cottrell – Looks like She had Multiple Partners (Banks)
For more Fraudulent Activity see the Links Below
Another WSJ Smackdown! Florida Judges Bash Banks in Foreclosure Cases
OVERRULED!!! Florida Judge Reverses His own Summary Judgment Order!
WSJ Strikes Again – Judge Finds “Fraud” in Foreclosure Mess
Foreclosure Mill Attorney for Marshall Watson or Foreclosure Defense Attorney for Homeowners?
SHOCKING REVELATION! J.P. Morgan Chase / LPS Produced a Fraudulent Assignment of Mortgage!
Verification of Mortgage Foreclosure Complaints
Or just head over to
4closureFraud.org
»
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not an endorsement however it is interesting reading or for those smart enough to try it
davidsmith has a point, but also, homeowners should consider filing lawsuits based on TILA or RESPA violations, wherein RECISSION extends indefinitely in foreclosure based on fraud.
Remedies include not only the voiding of the mortgage but reparations of all monies paid. That's right, all interest and principal. You think the banks want to deal with, a. expensive federal lawsuits by millions of homeowners, and, b. damages, plus possible punitive damages above and beyond all prior payments, and maybe c. fines, jail time.
I think not. The banks would rather walk away than face the potential for all of these poor outcomes in many cases.
I am personally involved in a foreclosure on an estate in which I am executor. As executor, my first responsibility is to protect the assets of the estate, which includes the home in foreclosure. The estate attorney already bailed, saying I would lose any action. That was eight months ago, and, though he doesn't know it yet, he's no longer attorney for the estate and may be facing a malpractice suit for abrogating his fiduciary responsibility.
As for the bank, mortgage, foreclosure, that's all stalled out on the bank attorney's lack of motion. They know they've got a open can of shit and don't want to remove the lid any further. Haven't even filed affidavit of service after six months. My belief is they're "walking away" from garbage originated by Cuntrywide (now owned by BofA), and putback to them by Fannie Mae.
As servicer, they have no standing and also, no liability unless they proceed with what amounts to a fraudent foreclosure. BofA has a boatload of these and my best guess is they're going to proceed on any where they can get a default judgement where the defendant just doesn't even show up, but any resistance will be met with silence, delay and eventually a finding for the defendant and against the plaintiff for failure to proceed. Gets them off the hook.
BofA is the sick child in this whole mess. The gov made them swallow Cuntrywide whole and will probably backstop them on any and all losses from it, because, as we all well know, they are TBTF.
fearless risk, got to have the fight. so very very many sick children in this mess. predator eats another predator. vicious isn't it? just fucking vicious circles being spun. i have been fighting with letters to every regulatory agency and it is all just BS. OCC, HUD ya like RESPA laws even exist let alone RICO, your state's department of regulations over title companies, mortgage brokers, appraisers, Realtors and business owners. it is not in these entities best interest, to pursue consumer complaints. these regulators protect the very agencies that create the fraud. it is hilarious. i have learned by direct experience it is just smoke and mirrors. hell i am such a loser i am throwing so far $100,000.00 cash to various lawyers to fight a worthless cause against white collar crime. white collar crime is the most lucrative profession on earth right now. fuck getting a degree in anything other than how to be a thief, a white collar thief. damn, it's about as goooood as it gets,
right now...right here. wish me well.
loophole, technicalities.
great article thanks for posting. i could, unfortunately, write a book on Chase Home Finance. the most dangerous and destructive entity alive and flourishing. more damaging than goldman sucks, i think anyway, to middle class - J6pac america.
I have personal knowledge of hearsay.
Trust me. I am your friend. [Bankers motto.]
https://webdisk.lclark.edu/econ/steinhardt2010/steinhardt2010.html
Bill Black Lecture of interest
When does this start effectin the Commercial and Residential REIT markets?
Soon my dear. What this tells you is that the U.S. Government has concluded that ALL real estate debt--residential and commercial--is worth NOTHING and in fact the U.S. has already forgiven all real estate debt.
So why do these charades continue? Very simple--to hide bad debt on bank books.
That is at the bottom of each and every one of these shenanigans. They're simply trying to hustle the problem out of sight--that's what all these fraudulent documents are all about.
Don't talk about the "note" being valid or any other such nonsense.
Sue in Federal Court under RICO and start deposing government officials. They are micromanaging EACH AND EVERY SET of the real estate process, both residential and commercial. And they are doing it for one, criminal reason:
to hide bad debt on bank books.
Mark my words.
What's the point? The guv ponzi has made mark to myth legal. Bad debt has been nominally legislated away. Why would they hide something when it's not a crime?
There must be another motive. Seizing hard assets when people don't pay up on frac reserve loans is a fav of the banking cartel. If that's what's happening, the test here would be to see what the principal is on the loans that were foreclosed. I think any bank would only go to the trouble of forging docs if the principal amt to market value ratio was reasonable.
So, if you only had 10 payments left and got behind, they would be far more likely to try to seize your house than if you just bought into the market and were paying lots of interest. Also, they make more cash flow from interest on newer loans than on ones that are about to be paid off.
Not for "free" - taxes and insurance are expensive in some states but this puts a lot of title in question....but then I guess they could do this "lost note" b.s. but the fraudulent docs on a massive scale is pretty gross and most judges I dont care who they are will not like the blatant disrespect of the third branch.
Incredible! Thanks.
As a physician, any wet-ink entries and altering of the medical notes after-the-fact is fraud and a very serious matter. It results in default judgements for plaintiffs, and criminal actions. I hope the same standards exist in banking and mortgage, as these are private contracts. This gets curiouser and curiouser.
Yes, last I knew Medical Record fraud was a federal felony punishable by 5 years prison and a $50k fine.
Heh. Doctors aren't bankers, and that makes a big difference. I doubt docs get $20 million bonuses after they have screwed their patients, and a job offer from a competing hospital.
Ah, yes, but "people are going to get homes for free that they didn't pay for!!!111" in 3 ....2 .....1 ....
Probably not. Throwing out a foreclosure will not throw out the note. What will probably happen is they will attempt to prove criminal intent, which given these docs won't be that much of a challenge. Once they establish criminal intent, the foreclosure will die, but the note will be active, and will have to be settled somehow, especially if the house has been resold or auctioned. Talk about a mess.
The big money will come when the bank will be sued in a civil suit for damages. That will eventually turn into a class action suit.
But the big money won't go to the people - it will go to the lawyers, like in all class actions, and all civil suits.
Taxpayers are ultimately on the hook for this mess. Be careful what you wish for.
Yeah, now that you mention it, where's the voice of the jealous child crowd?
What should the average person be doing to investigate their own mortgage to look for fraud? Go to county and see if my mortgage is registered by MERS? Please post info/links on resources to walk me through.
My concern is the judicial system at the highest levels will get a wink wink from CONgress and the financial elite to largely ignore this fraud. why? TOO BIG TO FAIL. They will get the same fear mongering the public got to pass the TARPs, and stimulus pork political pay off packages. It will be a powerful argument. It's easier to keep the public down one at a time than keep our elected elite in DC and the banksters down who are much more influential and organized.
We need some open source tea party type organization with some organized muscle and resources to look into this stuff.
Watch out! Don't narrow the issue to whether the underlying fact support foreclosure. That's what the banks want you to argue (I understand that this fraud is quite enough to get the foreclosure thrown out).
Don't depose these idiot signers alone. DEPOSE THEIR BOSSES AND MAKE THEM DISCLOSE ANY CONTACTS THEY HAVE HAD WITH OFFICIALS OF ANY GOVERNMENT AGENCY.
This is not a standalone fraud. It is part of a conspiracy--reaching right into the White House--to hide bad debt on bank books.
Why is this simply a ridiculous suit to throw out the case? Why isn't it in Federal Court on a RICO charge, violation of Civil Rights charge, fraud, conspiracy charge?
Wait til you find out the REAL truth: some time ago, the Government realized that there is 0 return to be had on foreclosures AND PROMPTLY FORGAVE THE DEBT.
That's why you have this nonsense going on. This is NOT an attempt to get property back in order sell it in order to make something on an investment. Only a petit bourgeois FATHEAD believes that.
The truth is that the United States KNOWS there is NOTHING to be made on this mortgage debt. It is NOT SANCTIONING THESE ROBO-AFFIDAVITS IN ORDER TO GET MONEY. IT IS DOING IT TO HIDE BAD DEBT ON BANK BOOKS.
Get Timmy under deposition. He knows what I am saying is true true true.
From origination mill to forclosure machine. how long till we see De-Barments? Indictments? you all know a patsey cometh soon...
AUTOMATED FORECLOSURE MACHINE:
http://1.bp.blogspot.com/_wkgIzuqJM0w/TKVVeAe-2fI/AAAAAAAAGhA/ViCOur3SjB...
The thick plottens.
To put it another way, are you alleging that a large part of the US FIRE economy was based on outright, wholesale FRAUD? Shocked! Shocked I say!
(your winnings sir....lol)