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Smith, Hiatt & Diaz Motion to Purge Lender Processing Services' (LPS) Accidentally Leaked Internal Email

4closureFraud's picture





 

Smith, Hiatt & Diaz Motion to Purge Lender Processing Services' (LPS) Accidentally Leaked Internal Email

So yesterday we put up some documents that were accidentally leaked from LPS.

The conversation evolves like this:

“Yikes! The name of the foreclosing party (HSBC as Trustee for Deutsche Bank Alt-A 2007-BAR1) matches the name on the affidavit of amount owed BUT that name doesn’t match what is in our system. It’s pretty far into the legal foreclosure process. What should we do now?”

“Hey, no problemo! We have two options; 1) change the name now and possibly be hit with higher homeowner association fees or 2) quit claim deed the home over to the right name after the sale, but that will cost documentary stamp taxes. The doc stamp taxes will probably be less costly than the HOA fees. Please advise.”

“Go with the quit claim deed (QCD). After the foreclosure sale to the trust, just deed the home over to Bank of America! Problem solved.”

Today, we would like to do a little follow up by attaching the motion to purge the email from the court file...

Motion to Purge LPS 

Even though they may get the emails "purged" from the court file, they may have a little more difficulty getting this now public record "purged" from the internets...

See you at the hearing!

PS
There is more to come on this.. 

www.4closureFraud.org

 


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Wed, 04/25/2012 - 21:48 | Link to Comment Careless Whisper
Careless Whisper's picture

Even though they may get the emails "purged" from the court file...

I don't think so. The lawyer's Motion states the conclusion that the emails were an "inadvertent" disclosure. He offered no evidence whatsoever to back up that conclusion. Were they inadvertent? Or were they just another intentional bitch slap to the defendant and the court system in Palm Beach County? Seems like most of the big bank plaintiffs routinely file false documents and disregard Florida laws. Perhaps this is just their way of saying we do what we damn well please! so we foreclose using the wrong plaintiff, so what!

As for the lawyer involved, perhaps he should review the rules about conspiring with a client to violate State law.

 

Thu, 04/26/2012 - 01:13 | Link to Comment Eireann go Brach
Eireann go Brach's picture

Scum of the fucking earth attorneys! Would sell their granny down the river in a second!

Wed, 04/25/2012 - 20:50 | Link to Comment steelhead23
steelhead23's picture

"...an overriding interest of justice" would be to submit the AOI to the proper authorities for action.

Wed, 04/25/2012 - 20:44 | Link to Comment CoolBeans
CoolBeans's picture

Hah!  Like putting toothpaste back into the tube.

I can't wait to see more.

Wed, 04/25/2012 - 19:07 | Link to Comment ThisIsBob
ThisIsBob's picture

"Never put anything in an email."

Eliot Spitzer

Wed, 04/25/2012 - 19:27 | Link to Comment chunga
chunga's picture

These scumbags just don't care and violate the law expecting impunity.

Big spotlight now on this court.

 

Wed, 04/25/2012 - 17:21 | Link to Comment SmittyinLA
SmittyinLA's picture

No problemo, that 50 state AG deal must have had provisions for past, ongoing and future foreclosure frauds.

Those AG "settlements" (that in some instances are already spent) are entirely dependent on those AGs looking the other way while the banks collect their AG bribes.....I mean forclosures.

Wed, 04/25/2012 - 16:12 | Link to Comment brettd
brettd's picture

Holder?

Buehler?

Holder?

Buehler?

Wed, 04/25/2012 - 16:01 | Link to Comment Peter Pan
Peter Pan's picture

Purging is going on everywhere. In banks, law offices, FBI, CIA, etc etc. Everyone is going back and cleaning their files after seeing what email and other reirds have done to their colleagues.

Pinning anything on anyone in the future will be tough as hell.

Wed, 04/25/2012 - 16:29 | Link to Comment Boxed Merlot
Boxed Merlot's picture

Pinning anything on anyone in the future will be tough as hell...

 

If that's the case, then why is the NSA paying all those billions of frns for upgrades in computer retreival and reconstruction software in Romney's home state?  Don't tell me it's just to keep apl and ms stock inflated. 

Fear and intimidation only work for those that don't own the judiciary.

 

 

Wed, 04/25/2012 - 14:23 | Link to Comment beastie
beastie's picture

Great stuff posted again.

I would really love it if you guys posted the mechanics / work flow / paper trail of the whole process from the banks point of view on the foreclosure process.

Wed, 04/25/2012 - 15:48 | Link to Comment NotApplicable
NotApplicable's picture

Easy. They just do a normal foreclosure while fabricating any documents needed to back it up. If they get caught, they attempt to purge it in order to replace it with a more convincing fake.

Wed, 04/25/2012 - 14:19 | Link to Comment chunga
chunga's picture

This "Protective Order" bullshit goes on all the time.

Given the circumstances, the court should (must) deny the motion and schedule the deposition with two stipulations:

1 - Deponent[s] barred from pleading the Fifth.

2 - Plaintiffs pay for the  Corp. Rep. Deposition.

What the fuck else are these pricks hiding?

[edit] here's a guess...

  • Mail fraud (state and federal)
  • Wire fraud
  • Multiple FDCPA violations
  • Multiple state debt collection violations (usually these are similar to or based on FDCPA laws)
  • Unfair and deceptive acts and practices under state law
  • Conspiracy
  • Money Laundering
  • Probable RICO violations
  • Fraud upon the court and/or Bankruptcy fraud
  • Uttering a fraudulent document
  • Fraudulent conveyance
  • Slander of title
  • Financial institution fraud
  • Securities violations

 

Wed, 04/25/2012 - 18:00 | Link to Comment Lumberjack
Lumberjack's picture

Reminds me of the Enron days (protective orders). This horsehit absolutely blows my mind and there still is no end in sight. It's all there in plain f-ing sight and all I see happening are the guilty parties and their accomplices (sometimes the court itself) running the clock out. 

 

 

Wed, 04/25/2012 - 14:43 | Link to Comment Theta_Burn
Theta_Burn's picture

Nice list...

It would be a challenge to find (1) on that list they didn't commit.

The rub is, that list is for me and you, not them.. but you guys do seem enthusiastic so I'm with you.

Remember the Alamo...and Solyndra...and MFGlobal....and AIG......and BAC.....

 

Wed, 04/25/2012 - 14:22 | Link to Comment MachoMan
MachoMan's picture

my guess is open and shut FDCPA as well as truth in lending violations...  fraud on the court...  and securities violations...

What jury in the US (that is inherently biased against the banks anyway) is going to give them shit when it comes out they've already collected twice on the same house?

Wed, 04/25/2012 - 14:44 | Link to Comment chunga
chunga's picture

It should be a slam-dunk right?

Ok, you deadbeats didn't pay so get the fuck out.

Whenever faced with challenges starting with loan-level stuff right through assignments/chain of title, etc. out comes a protective order.

The fact pattern that they lie almost all the time is massive and well established.

Playing the deadbeat card isn't the Ace it used to be.

I love this transcript from Feb. 2012 MERS Motion for Protective Order - DENIED

Thu, 04/26/2012 - 00:31 | Link to Comment indio007
indio007's picture

THX for the link!

It seems MERS's board has never appointed anyone an officer. In fact they have never had a meeting!

Wed, 04/25/2012 - 15:39 | Link to Comment Richard Chesler
Richard Chesler's picture

Quiet peasants!

Laws are for little people.

 

Wed, 04/25/2012 - 14:10 | Link to Comment Theta_Burn
Theta_Burn's picture

Through out all rule of law, and evidence.. if the political connections don't get them off the hook, statute of limitation will.

Angelo and ALL his friends ALL have smokin hot wives 1/2 their age and don't need an alarm clock any more....truly tragic.

NOTHING would please me more than to have all these pcs of shit indicted and imprisioned...(that would be tax money well spent)

Besides what the 4closerfraud folks bring to the table here, I see very little "heat" on these individuals

Wed, 04/25/2012 - 15:45 | Link to Comment NotApplicable
NotApplicable's picture

Don't forget plausible deniability. It's a plaintiff's best friend.

"You just go right on ahead and try to prove that I'm not an idiot!"

[edit] Er... that would be defendant's, duh.

Wed, 04/25/2012 - 13:57 | Link to Comment Joebloinvestor
Joebloinvestor's picture

I would really like to hear the courts reaction to this one.

We want to DESTROY ALL EVIDENCE that makes us guilty as hell your honor.

Wed, 04/25/2012 - 20:08 | Link to Comment neidermeyer
neidermeyer's picture

We want to DESTROY ALL EVIDENCE that makes us guilty as hell your honor.

***************************************

That's pretty much what PINO is all about.. showtime in about 2 weeks .. all eyes on the FL Supremes... This could be huge.

 

LPS and the lawyers were chatting using a LPS desktop tool that didn't ensure privacy ,, in fact ANYONE within LPS could see the back and forth ,, saved for eternity on LPS's system ... NOT SUBJECT TO ATTORNEY // CLIENT PRIVELEDGE!

Wed, 04/25/2012 - 14:06 | Link to Comment Vegamma
Vegamma's picture

Hizzoner: Maybe. Have you been able to convince HSBC to give my arts major son-in law a job as a bankster?

Wed, 04/25/2012 - 14:18 | Link to Comment NotApplicable
NotApplicable's picture

*wink*

Granted!

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