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Hawaii | Bank Fraud RE Tehiva/Phillips Foreclosure Eviction - AHMSI, Sand Canyon, Kathy Smith, Soundview, Wells Fargo

4closureFraud's picture




 

Bank Fraud

American Home Mortgage Servicing
Sand Canyon Corporation

Kathy Smith

Soundview Home Loan Trust, 2007-OPT2

Wells Fargo Bank, N.A.

Action Date: January 1, 2012
Location: Maui, HI

On
January 2, 2012, Wells Fargo Bank and American Home Mortgage Servicing,
Inc. (“AHMSI”) will attempt to force the Tehiva/Phillips family from
their family home on 5305 Hana Highway in Maui, Hawaii. This has been
the family home for over 100 years.

Wells Fargo is acting as the
Trustee for an RMBS Trust, Soundview Home Loan Trust 2007-OPT2. AHMSI is
acting as the servicer for the trust.

Wells Fargo and AHMSI have relied on a fraudulent Mortgage Assignment in this foreclosure eviction.

The
Assignment is dated June 24, 2010 and was signed by Kathy Smith in
Duval County, Florida. Smith purports to be a corporate officer
(Assistant Secretary) of Sand Canyon Corporation.

Kathy Smith is
not and has never been employed by Sand Canyon Corporation; she is
actually employed by AHMSI in its Jacksonville, FL (Duval County)
office.

On Hillsborough County, FL, document 2010350478, Kathy Smith swore she was an employee of AHMSI on October 1, 2010.

On Hillsborough County, FL document 20100057228, Kathy Smith swore she was Assistant Secretary of AHMSI on February 8, 2010.

In
the Memorandum Decision of the Bankruptcy Court for the District of
Arizona in the matter of the bankruptcy of Anthony Tarantola, Case No.
4:09-bk-09703-EWH, Kathy Smith is referred to on Page 5, lines 8-9, as
the Assistant Secretary of AHMSI.

To aid in foreclosures, Kathy Smith has used all of the following different job titles:

• Assistant Secretary and Vice President, Ameriquest Mortgage Company (February 3, 2010);


Assistant Secretary and Vice President, Citi Residential, Inc.,
Attorney-in-Fact for Ameriquest Mortgage Company (April 12, 2010);

• Attorney-in-Fact, Argent Mortgage Corporation (January 13, 2010);


Assistant Secretary, Citibank, N.A., as Trustee for American Home
Mortgage Asset Trust 2006-3 Mortgage-Backed Pass-Through Certificates,
Series 2006-3; (January 13, 2010);

• Assistant Secretary, Deutsche
Bank National Trust Company as Indenture Trustee for American Home
Mortgage Investment Trust 2006-3, Mortgage-Backed Notes, Series 2006-3
(January 13, 2010);

• Attorney-in-Fact, New Century Mortgage Corporation (January 19, 2010);

• Assistant Secretary, Sand Canyon Corporation f/k/a Option One Mortgage Corporation (April 12, 2010)


Assistant Secretary, Mortgage Electronic Registration Systems, Inc., as
Nominee for American Brokers Conduit (February 25, 2010);


Assistant Secretary, Mortgage Electronic Registration Systems, Inc., as
Nominee for American Home Mortgage (February 18, 2010);


Assistant Secretary, Mortgage Electronic Registration Systems, Inc., as
Nominee for American Home Mortgage Acceptance (January 25, 2010);


Assistant Secretary, Mortgage Electronic Registration Systems, Inc., as
Nominee for Beazer Mortgage Corporation (January 13, 2010);


Assistant Secretary, Mortgage Electronic Registration Systems, Inc., as
Nominee for HomeBanc Mortgage Corporation (January 11, 2010); and


Assistant Secretary, Mortgage Electronic Registration Systems, Inc., as
Nominee for Taylor, Bean & Whitaker Mortgage Corporation (May 7,
2010).

The President of Sand Canyon Corporation, Dale M. Sugimoto,
submitted a sworn Declaration signed on March 18, 2009, stating that
Sand Canyon Corporation did not own or service any residential real
estate mortgages. Despite this sworn statement of the company president,
the Assignment in the Tehiva/Phillips foreclosure has Kathy Smith,
purporting to act as an officer of Sand Canyon, to transfer the
Tehiva/Phillips mortgage to the Soundview Trust. The Sugimoto
Declaration was submitted in bankruptcy court for the Eastern District
of Louisiana, New Orleans Division, as document 52-3, in the case of Ron
Wilson, Case No. 10-51328.

Kathy Smith is also not listed as an
officer of Sand Canyon Corporation in the Florida corporate records, nor
did Sand Canyon have offices in Florida, where the Assignment was
notarized.

The closing date of the Soundview Trust 2007-OPT2 was
July 10, 2007. The trust was not authorized to acquire mortgages after
this date; and certainly was not authorized to ever acquire any
non-performing mortgages.

For all of the reasons set forth above,
Wells Fargo and AHMSI should immediately cease their attempts to seize
the Tehiva/Phillips home. Wells Fargo should be required to produce
Kathy Smith in court in Hawaii and to produce the records of the trust
showing that the trust acquired the Tehiva/Phillips mortgage in 2010 as
represented by Smith.

Original post on this action here Hawaii Action Alert | Stop a Wells Fargo Eviction at the Tehiva/Phillips’ Home 5305 Hana Hwy Monday Jan 2...

More docs below...

Oh, and by the way...

Here's the securities administrator...

Contact:   Customer Service - CTSLink
Wells Fargo Bank, N.A.
Securities Administration Services
Frederick, MD 21701-4747
8480 Stagecoach Circle

Telephone: 1-866-846-4526
Fax:            240-586-8675

Just in case you wanted to call...

Hint, hint...

 

www.4closureFraud.org

 

Tehiva Foreclosure Forensics & Exhibits (Mtm), 12.26.2011

Declaration of Dale M SUGIMOTO, President of Sand Canyon Corporation

Full Deposition of Jose Colon of AHMSI

 

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Mon, 04/16/2012 - 02:06 | 2347920 jaffa
jaffa's picture

The bank is a financial institution and a financial intermediary that accepts deposits and channels those deposits into lending activities, either directly or through capital markets. A bank connects customers that have capital deficits to customers with capital surpluses. Thanks a lot.
Regards,
mississauga real estate agent

Thu, 03/29/2012 - 02:32 | 2299783 jaffa
jaffa's picture

Banks borrow most funds from households and non financial businesses, and lend most funds to households and non financial businesses, but non bank lenders provide a significant and in many cases adequate substitute for bank loans, and money market funds, cash management trusts and other non bank financial institutions in many cases provide an adequate substitute to banks for lending savings too. Thanks.
Regards,
cosmetic dentist

Wed, 05/30/2012 - 02:17 | 2272526 Marta45
Marta45's picture

Despite their avowed declare to attract the whole condition, last year the Diamondbacks shifted their Triple-A Hawaiian Shore Group town group, the Tucson Sidewinders, to Sparks, where they are now known as the Bullets.

Mon, 01/02/2012 - 11:33 | 2026481 TheProphet
TheProphet's picture

I am sorry to be the asshole who asks this, but if this house has been in their family for 100 years, why is there a mortgage on it in the first place.

Nothing excuses the bad conduct of the landers and those foreclosing, but nothing excuses the bad actions of those who would mortgage a piece of property handed down at least two generations.

 

Mon, 01/02/2012 - 11:50 | 2026518 nmewn
nmewn's picture

"I am sorry to be the asshole who asks this, but if this house has been in their family for 100 years, why is there a mortgage on it in the first place."?

As one asshole to another, I asked myself the same question...lol.

Sounds like a generational gambling addiction finally paid out for the casino...as usual.

Mon, 01/02/2012 - 09:32 | 2026246 Bob
Bob's picture

RICCO, baby.  Got Rule of Law?

Apparently not. 

Occupy . . . and drive these fraudulant thieving bastards into the sea. 

Mon, 01/02/2012 - 09:07 | 2026216 Schmuck Raker
Schmuck Raker's picture

You're doing good work 4closureFraud.org - Thank You.

Mon, 01/02/2012 - 08:42 | 2026200 rsnoble
rsnoble's picture

I love the morons who exclaim "throw the bums out for not paying their mortgage". Let's talk about that.  First off, it was the banks and corporate assholes who ruined the US.  This made people unable to pay for it.  Secondly the banks were bailed out and now they want your property as well.  In other words, it's ok for them to screw up, ruin the country etc but by god we'll take your house if you don't hurry up and find a non existent job and pay that 100k medical bill for a broken leg.

I think people in this position should just burn their goddamn house to the fucking ground.  Here's your pile of fucking ash you stupid assholes, and while you have a huge raging distraction you can load up the gun and go take care of some of our 'mutual' problems.

Go ahead...............side with the bankers and worthless politicians. They've had your best interests at heart all the way to shitville.  You think their gona change?

I am so sick of being surround by a bunch of pathetic fucking wimps that take won't stand up to this atrocity. 

Mon, 01/02/2012 - 12:04 | 2026314 Bob
Bob's picture

This sort of situation has happened before . . . long before the communications essential to organizing were instantaneous and virtually free:

http://www.truth-out.org/populism-isnt-dead-its-marching-what-bunch-farm...

Desperate "Last Stands" by arguably heroic individuals just ain't gonna cut it. 

Mon, 01/02/2012 - 08:23 | 2026189 pine_marten
pine_marten's picture

So when you pay off your mortgage with these jackals, will they be able to provide you with proof of satisfaction?  Or will your asset have been pimped out all over the place to cover their bad debts?

Mon, 01/02/2012 - 07:41 | 2026170 lunaticfringe
lunaticfringe's picture

Fuck Wells Fargo and the MERS whore. Thieves.

Mon, 01/02/2012 - 06:15 | 2026136 solgundy
solgundy's picture

is the Tehiva/Phillips family paying anyone the money they borrowed on the "family home on 5305 Hana Highway in Maui, Hawaii. This has been
the family home for over 100 years."???????????????

if not...throw the bums out

Mon, 01/02/2012 - 08:41 | 2026199 Bendromeda Strain
Bendromeda Strain's picture

I did get a laugh out of that as well

This has been the family home for over 100 years.

Phillips, or Tehiva? I haven't run across too many early 20th century references of blended family surnames.

Mon, 01/02/2012 - 05:35 | 2026117 Dan The Man
Dan The Man's picture

How do they sleep at night....assuming they're humanoid and require sleep.

Mon, 01/02/2012 - 04:39 | 2026079 apberusdisvet
apberusdisvet's picture

Move over Linda Greene; there's a new bitch in town.

Mon, 01/02/2012 - 01:10 | 2025914 gangland
gangland's picture

nuke wells fargo from orbit, it's the only way to be sure

Mon, 01/02/2012 - 09:38 | 2026254 Widowmaker
Widowmaker's picture

Hurling that fraud factory at the sun might put the sun out.

Wheres that fuck Buffet to tell us what he had for lunch??

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