[9]
Bank Fraud
American Home Mortgage Servicing
Sand Canyon Corporation [9]
Kathy Smith [9]
Soundview Home Loan Trust, 2007-OPT2 [9]
Wells Fargo Bank, N.A. [9]
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... [10]
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 [11]
Fax: 240-586-8675 [12]
Just in case you wanted to call...
Hint, hint...
www.4closureFraud.org [13]
Tehiva Foreclosure Forensics & Exhibits (Mtm), 12.26.2011 [14]
Declaration of Dale M SUGIMOTO, President of Sand Canyon Corporation [14]