Posts Tagged ‘fraud’

LEHMAN BROTHERS’ Mortgage Troubles (nationally & locally); Evidence of Foreclosure Fraud, Deception, and Conspiracy with Wells Fargo; Deceptive Judicial Filings

Posted by Barbara Ann Jackson on September 14th 2008 to News

*REVISED again on 11/16/2008 (Freddie Mac, Wells Fargo & Louisiana Judicial Collusion; falsified IRS form 1099-A, etc.)~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~

OVERVIEW
LEHMAN BROTHERS’ mortgage troubles provides a yet further occasion to call attention to Louisiana FORECLOSURE FRAUDS being carried out by via deceptive collections and Wells Fargo through use of the judicial system to further real estate FORECLOSURE racketeering and IRS fraud. In conjunction with the big Lehman Brother picture, the following is a small (local) component affecting Lehman’s decline.

Referring to a foreclosure case entitled:  “Lehman Brothers Bank v. Clement Bailey,” case #2007-5610 in Orleans Parish Civil District Court, and New Orleans federal case #08-3881, entitled:  “Wells Fargo v. Clement Bailey, JP Morgan Chase, Bank of America, and Allstate Flood Insurance Program.” The KEY issue about these 2 cases is that Louisiana debt collector attorney Herschel C. Adcock, Jr., filed a Lehman Brothers foreclosure in State Court claiming Lehman holds the note.  But, Wells Fargo filed the latter lawsuit claiming Wells Fargo owns that same note.  If Wells Fargo succeeds in concealing Lehman Brothers’ (true or untrue) claim against Clement Bailey’s property, Wells Fargo and Mr. Adcock will wound up gleaning $$$$ –most likely from JP Morgan Chase, Bank of America, and Allstate Flood Insurance.  [As mentioned, millions, perhaps billions of dollars being unlawfully gleaned by unscrupulous debt collectors through fraudulent foreclosures has too long remained an unheeded atrocity for which distressed property owners have long been subjected to, but now also impacts Investors!]  **MORE DETAILS, COURT PLEADINGS, and Prima Facie evidence of the orchestrated foreclosure fraud being engaged in involving Lehman Brothers, Wells Fargo, and Mr. Adcock –AS WELL AS A COPY OF THE LETTER Mr. Adcock (and others) wrote to JP Morgan Chase, is posted in this article. 

However, throughout this www.lawgrace.org website is Res Ipsa Loquitur proof –with court pleadings / records  unequivocally showing how, for many years, Baton Rouge, LA collection lawyers Herschel C. Adcock, Jr.,  and Brett P. Furr, as well as the Monroe, LA debt collection law firm of Dean Morris have been utilizing the courts of certain New Orleans federal judges to unlawfully obtain and flip (via lack of “real party” interest foreclosures, “Lift Stay” Motions despite lack of standing filed in Bankruptcy Court ) real estate properties.  SEE ALSO especially proof & facts posted August 8, 2008, the letter to the Louisiana Secretary of State’s office concerning the deliberate falsified IRS form 1099-A that was filed by WELLS FARGO BANK, NA. **CLICK this link>> Statement to the Louisiana Secretary of State concerning Wells Fargo 1099’s.

Despite probes into factors of  the mortgage crisis, there has been almost no investigation of the most lethal mortgage mess component: FORECLOSURE ATTORNEYS DEBT COLLECTION ABUSES and JUDICIAL COLLUSION.  Congress needs to seek the whereabouts of perhaps billions of dollars and massive amounts of real estate that winds up in the collector attorneys’ possession -as well as examine the scores of attorney bankruptcy court frauds.

Such attorneys deliberately file foreclosures naming defunct mortgage companies, or companies which no longer hold the notes; or affix collectors’ fees exceeding “Acceleration Clauses.”  If homeowners sue for “Unfair Debt Collection Practices,” collectors make more $$ through protracted litigations. Additionally, some collectors file in Bankruptcy Court falsified motions to “Lift Stay” pleadings for purposes of accomplishing SIMULATED AUCTIONS of real estate properties.

Along these same lines, homeowner rescue and congressional measures for some people facing foreclosure is not even needed due to the fact that -for incalculable numbers of foreclosures- innumerable foreclosures are being filed by mortgage plaintiffs which LACK STANDING, and therefore are NULL foreclosures.  Thus, Congress also should exert equal energy into probing valid of foreclosure proceedings –especially in States such as corrupt Louisiana which has not outlawed “CONFESSED JUDGMENTS.”

Further, aside from sheer acts of torture, judicial misrepresentations, and abusive practices upon consumers (which is a major reason why most states in the USA have banned confessed judgments) –this particular kind of foreclosure fraud really benefits unscrupulous mortgage lenders because it allows those lenders to repeatedly FLIP properties, and it allows such lenders to repeatedly mislead WALL STREET Investors into believing the real estate market is thriving. However, the more realistic picture is that often foreclosure collector attorneys gain the true benefit.  Compare what happened with the INTERNAL REVENUE’s unrealized expectations, of which only $31 million of the IRS’s projected $185 million was obtained –and the legal bill added to the negative. “IRS Tax Advocate Renews Criticism of Private Collectors.” http://money.cnn.com/news/newsfeeds/articles/djf500/200803131508DOWJONESDJONLINE000968_FORTUNE5.htm

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SPECIFICS CONCERNING LEHMAN, WELLS FARGO, AND LOUISIANA FORECLOSURE FRAUD

This first exhibit here is from the Orleans Parish Civil Sheriff Docket record for the Lehman Bros. v. Clement Bailey foreclosure that was filed by debt collector attorney Herschel C. Adcock, Jr.  Undeniably, this foreclosure case is asserting that Lehman Brothers owns the note for Bailey’s house.  Among other things, as shown by docket entry number 10, on 11/30/2007 an “ADA” code was entered.  A closer look into what that means is that amount due attorney reflects an amount to Adcock of $2,203.00.

Bailey 1.jpg

The second exhibits are a letter dated October 10, 2007 written by Adcock to J.P.Morgan Chase, wherein Adcock informs that Adcock is representing -not Lehman Brothers’ interest in the Bailey property, but Wells Fargo; and a page from the Orleans Parish Civil Sheriff website pertaining to real estate auctions / seizures. [In Louisiana, the foreclosure attorney is often listed as “plaintiff.” This misleading factor goes a long way toward (intentional or unintentional) enablement of deceptive and simulated auctions and fraudulent conveyances.  Furthermore, because the New Orleans Clerk of Court, Dale Atkins, admittedly (*READ>> Dangerous, Dale N. Atkins, Clerk of Court: Killing Us Softly) STEERS newly-filed lawsuits to the judge of Atkins’ selection, and Atkins facilitates and accommodates groundless removal of state court cases to FORUM-SHOPPED federal judges, it is not easy to tackle the long-standing Louisiana White Collar real estate flippings and foreclosure frauds.]  At any rate, Adcock was clearly seeking $$$ from Chase Bank, Allstate, and Bank of America purportedly on Wells Fargo’s behalf while at the same time Adcock was maintaining a foreclosure case on Lehman’s behalf.
Bailey -Adcock ltr.jpg Lehman Brothers foreclosure3.jpg
This third exhibit is page one of the lawsuit that Wells Fargo filed in state court against Bailey, J.P. Morgan Chase, Bank of America, and Allstate Insurance. (Defendant Allstate removed the Wells Fargo case to federal court.) Lehman Brothers is nowhere mentioned in that lawsuit.  Not only does it appear that Wells Fargo is in conspiracy with Adcock to deceptively gain money from those defendants, those defendants are being forced to defend a sham lawsuit.  In fact, the language of the entire lawsuit omits a whole lot as to why / how Wells Fargo is holder of the note.Bailey lawsuit.jpg

Mr Wave Theory

Mr Wave Theory is a retired Silicon Valley venture capitalist

Aurora Loan Services – How Lehman Brothers Rips Off Homeowners

Not a day goes by when you don’t hear of another Accredited Home Lenders Holding Co. (LEND) or New Century Financial Corporation (REIT) (NEWC) blowup. You know the mortgage industry is having a tough time when they resort to questionable billing practices to make money. I learned this first hand with Auroral Loan Services (aka Lehman Brothers LEH). Aurora Loan Services stopped sending me mortgage statements electronically last year and I wasn’t receiving statements by mail either. However, due to the convenience of auto pay, I was comfortably paying my bills every month automatically. Then, out of the blue, I got a call from them. I unexpectedly found that the tax rate on my home went up. Not a big problem, only a few hundred bucks right? Wrong.

Because of this little change in taxes, Aurora Loan Services took my payment and held it “in suspense.” Let me translate that for you. They held my payment and basically sat on it for 2 months – collecting interest on it – instead of paying down my principal and interest. Not only did they get the interest on my money, they also charged me 2 late fees (because they hadn’t “received the payment”)! Is this outrageous or what?

Being a techie, I checked Google for Auroral Loan Services hoping to get to their website. Instead I found a link to a RipoffReport on Aurora Loan Services. When I clicked through, I saw 85 consumer complaints filed against Aurora Loan Services on RipoffReport.com for the same thing that happened to me all related to “dishonest billing practices”!

So, what did they do with my money? And how are they getting away with it?
After they “discovered” that they had been sitting on my money for 2 months, Aurora applied my payment entirely to paying down the principal on my mortgage. And guess what that means? It means they didn’t apply the payment to the regular payment of interest + principal. That meant I would have to make an extra payment because the payment hadn’t been made!

Not a problem right? Wrong. What happens if I don’t do it? Late fees start kicking in! It’s a snowball effect and it all started when they forgot that I had paid!

Why does Aurora Loan Services force homeowners to accelerate payments?
Simple. All mortgage lenders today want to get paid faster because they see risk in the mortgage market. Unlike Accredit Home Lending and New Century Financial, they want to get paid sooner rather than later on their loans – and everyone knows that a dollar today is worth more than a dollar tomorrow.

What is the financial impact of applying my mortgage payment entirely to principal?
Easy. On every mortgage payment, there is a principal payment and a interest payment. In the early years of a mortgage, most of the payment is applied to interest rather than principal. That means if you say owed someone $1000 per month, $300 of that would go to principal and $700 would go to interest. Since most of the money is going to interest, the lender isn’t getting paid back their principal in the early years. It’s only in the later years that this turns the other way around.

So what happened here? Auroral Loan Services applied my payment for my mortgage entirely to the principal. Basically the lender was asking me to accelerate my payment of my mortgage back to them – without rewriting the contract. Instead of paying say $300 to principal and $700 to interest, they were trying to take the entire amount of $1000 for principal. Accelerating the principal payment gets the lender paid quicker than the term of the loan that was agreed upon and they were attempting to change the term of the loan.

Serious fraud?
Doing this to home owners one at a time is the reason why they’ve been able to get away with this dishonest practice. It’s completely wrong. If you go to the bank to borrow money, you sign a contract and that contract stipulates everything from the interest, term, and payment amount. Changing it after the ink is dry is akin to tearing up the contract and rewriting it.

If you are a financial type, you know why Aurora Loan Services is doing this. Mortgage servicing companies serve thousands or tens of thousands of home loans and mortgages. Getting an extra payment from each loan would reduce the duration of their loan portfolio quite dramatically. (Duration = riskiness). An extra payment here or there isn’t much, but on the scale they are doing it, I’d say many consumers are being squeezed. This constitutes a real serious fraud in the mortgage lending industry that is being perpetrated by one of the largest lenders in America. Aurora may sound like a small name, but they are owned by Lehman Brothers. It’s understandable why Lehman doesn’t use their own name to operate this business. After all, what kind of public company would want their name to be listed on Ripoff Report.com?