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FOR IMMEDIATE RELEASESalem , MAJune 22nd, 2011?Contact:Kevin Harvey, 1 st Assistant Register978-542-1724kevin.harvey@sec.state.ma.usO'Brien says “Bank’s Actions Speak Louder Than Words”Registry infected with Fraud?On June 7 th Essex South District Register John O'Brien announced that he was no longer going to record documents signed by known robo-signers. In the past two weeks, O'Brien has returned 12 documents signed by a Linda Green, Korell Harp, or a Linda Burton, filings that were prepared and submitted on behalf of Bank of America, the Mortgage Electronic Registration Systems (“MERS”) and MorEquity, Inc.? He specifically requested that these Lenders verify the signatories to those documents, as well as the notaries by submitting an affidavit certifying their authenticity.O'Brien announced today that he has received 6 replacement documents, 5 from Bank of America and 1 from MERS, all with new signatures with new officers and notaries. O'Brien said, “I would like the public to be the judge.? The facts are that I refused to record these Lenders robo-signed documents unless these Lenders signed an affidavit certifying to the signatures authenticity.? These Lenders chose not to sign my affidavit, but rather to submit completely new documents. I believe the Bank’s actions speak louder than words and show their consciousness of guilt.”According to O'Brien, the Essex South Registry of Deeds has found 25,187 fraudulent documents that contain the signatures of more than 30 known robo-signers . These documents effect 1,282 homeowners in the City of Salem, 1,246 in the City of Beverly, 1,404 in the City of Peabody and 795 in the Town of Danvers.In the case of Linda Green signatures,?he has found 6,047 documents recorded with 22 different variations of her signature.“I believe that the only way that the banks can begin to repair the damage they have inflicted on the chain of title of thousands of Essex County homeowners is for them to immediately re-file each and every one of these fraudulent documents that they have recorded and replace them with a valid, legal document containing an authentic signature, with a valid notarization along with the proper recording fee.” noted Register O’Brien.? The banks involved in the robo-signed documents include Bank of America, Wells Fargo, J.P. Morgan Chase, Citibank and Countrywide amongst others.?O’Brien invites any homeowner in his district, to see if there are any potential robo-signed documents in their chain of title by going to and clicking on the robo-signer’s link. Documents on his website may be printed free of charge. ?Should a homeowner find one of these documents, O’Brien is advising them to file a complaint with the Massachusetts’s Attorney General’s Office, Consumer Protection Division .In addition, O’Brien is also providing through his website, access to two letters that empower homeowners to request and receive vital information on the status of their chain of title pursuant to federal law. “These letters have teeth and the failure to respond to the proper time tables will trigger monetary penalties of between $2,000 to $4,000 on lenders and servicers who do not comply” O’Brien said.? I am calling these documents “Lender Compliance Letters”. These Lenders have associated themselves with MERS and in doing so have circumvented the land recordation system.? For 300+ years the land recordation system has worked and has worked well.? Prior to MERS, if a homeowner wanted to know who owned their mortgage, that information was readily? available at their local Registry of Deeds, providing transparency of ownership.?Register O’Brien has been at the forefront of advocating for the homeowner against the big banks since last November when he exposed MERS for their scheme to circumvent the land recordation system.? O'Brien said,” My constituents live on Main Street not Wall Street and they need to have an advocate that is willing to speak out to protect their property rights and insure them that these banks are held accountable for their actions.”O’Brien feels that if the Lenders won't come clean and record all the proper documents, which would disclose to the public a true, valid chain of title then hopefully his Lender Compliance Letters will force the banks to disclose the true owners of homeowners’ mortgages.?O'Brien summed it up by saying, “As far as I'm concerned the actions that these banks took this week, has proven to me beyond a reasonable doubt that all 25,000+ documents previously recorded by them in this Registry are fraudulent and should be corrected immediately.”To view the 22 different variations of a Linda Green signature open attachment?Below are list of Robo-signers and a sample of Federal Law lettersMcDonnell Property Analytics Approved Robo-signers ListLINDA GREEN??????CRYSTAL MOORE????DOCX??????????BRYAN BLY?????KIMBERLY PORTER??KEITH SEIDEL?????ANDREW HARMON????CHRISTIE BALDWIN?LINDA BURTON?????MICHAEL NADEAU???BRENT BAGLEY?????BETH COTTRELL????PAT KINGSTON?????RITA KNOWLES?????MURIEL ADAMS?????LINDA THORESEN???MARSHALL ISAACS??WHITNEY COOK?????JESSICA LEETE????JESSICA OHDE?????KORELL HARP??????BARBARA HINDMAIN?TOM CROFT?????STACY SPOHN??????KATHY SMITH??????MICHELLE GREEN???JOHN COTTRELL????MARY COOK?????KATHY WRIGHT?????VIENGMOR PHIDAVANHROBERT RYBARCZYK?????Federal Truth in Lending LetterYour NameYour AddressYours City, State, Zip Code?DATEServicer’s NameServicer’s Address????????????????????????????? ??????????????????????? TILA and Payoff Request 131(f)Servicer’s City, State, Zip CodeCERTIFIED MAIL RETURN RECEIPT REQUESTEDRe:? BORROWER’S NAMEAddress of Property Encumbered by MortgageTransaction Dated: ?(Date of Note & Mortgage)Originating Lender:? (Lender Named on Note)Current Servicer:? (Refer to Monthly Mortgage Statement)Servicing Account Number:? (Refer to Monthly Mortgage Statement)Dear Madam or Sir:In accordance with RESPA and Section 131(f) of the Truth-in-Lending Act, 15 U.S.C. Section 1641(f)(2), please provide me with the name, address, and telephone number of the current owner of the promissory Note and Mortgage referenced above.This is also a request for a Payoff Statement under the Truth-in-Lending Act.If my loan has been registered with Mortgage Electronic Registration Systems, Inc., please also provide me with a MERS Summary, also known as a MERS Milestone Report, showing the complete chain of title to my property.Be advised that you must acknowledge receipt of this request within five (5) business days; respond to the payoff request within seven (7) days; and respond truthfully with the identity of the legal owner and holder of my Note and Mortgage within thirty (30) business days, pursuant to 12 U.S.C. Section 2605(e)(1)(A) as amended effective July 16, 2010 by the Dodd-Frank Financial Reform Act and Reg. X Section 3500.21(e)(1).?Thanking you in advance, I am?Very truly yours,_______________________________Type your Name?Real Estate Settlement Procedures Act________________________, 2011?Loan Servicer NameAddressCity, State Zip?RE:?Borrower’s NameProperty AddressLoan Number (from monthly statement)Originating BankDate loan was originated???????QUALIFIED WRITTEN REQUEST Dear Sir/Madam:Please accept this letter as a Qualified Written Request (“QWR”) pursuant to the Real Estate Settlement Procedures Act (“RESPA”) at 12 U.S.C. 2605(e) as amended (“RESPA”).The requests made hereunder are directed to you as my loan servicer.? These requests relate directly to the servicing of my loan insofar as you, as the loan servicer, cannot lawfully be servicing a loan that cannot be shown to be legally owned by an identified person or entity.In the reported news, any banks and mortgage companies have been accused of being involved in predatory lending and servicing schemes. Such matters are currently being investigated by federal and state authorities in all 50 states. ?As a citizen, I am extremely concerned about such practices by anyone, let alone my own mortgage company or anyone who may hold a beneficial interest in my loan.I am worried that potential fraudulent and deceptive practices by unscrupulous banks, loan servicers and foreclosure mill attorneys involving the sale and transfer of mortgage servicing rights; deceptive and fraudulent servicing practices to enhance balance sheets; deceptive, abusive and fraudulent accounting tricks which may involve my mortgage account and/or any alleged debt or payments for which I may be legally obligated.?To independently validate my concerns and in accordance with the applicable law stated herein, please respond to the following requests:1.) ??? ?Please fully identify the owner of my loan by name, address and phone number.?The “owner” of my loan shall be defined as the person or entity that purports to be lawfully entitled to the payments due under any promissory note that I allegedly signed when the loan was originated.? If the “owner” is a so-called “securitized trust”, please identify:a.) ??? the name of the specific trust in which my loan is supposedly “pooled” (and not simply the name of the Trustee);b.) ??? the CUSIP number for the trust; andc.) ??? the specific date my loan was sold into said trust.?2.) ??? Please provide a certified copy of my promissory note in its current condition showing all indorsements and/or allonges that show that the purported “owner” of my loan maintains legal “holder in due course” status under M.G.L. c. 106, s. 3-302 as of today’s date.3.) ??? Please fully indentify the current holder of my mortgage by name, address and phone number.a. ?? If my mortgage is a MERS-designated mortgage, please identify the principal for whom MERS purports to act and provide written proof of the authorization of MERS to act for the lender with respect to my mortgage;b. ????? Please send me a MERS Summary Report, also referred to as a MERS Milestone Report showing me all transfers of servicing rights and beneficial interest rights;c. ?????? If my mortgage has been assigned to another person or entity at any time, please provide certified copies of each and every assignment of the mortgage and advise whether or not such assignment was recorded on the public land records;d. ? If my mortgage is a MERS designated mortgage, please confirm or deny whether my promissory note was sold separately from my mortgage obligation and identify;?i. ??????? Each and every party that purchased my promissory note or any interest;ii. ????? The date upon which any such purchase(s) took place;iii. ??? The amount of consideration paid for my promissory note.As you know, RESPA – as recently amended - requires written acknowledgement of the receipt of this QWR letter within five (5) days and a substantive response to the requested information within thirty (30) days.? A failure to comply with this request may result in fines of up to $2,000.00 plus my attorney’s fees and costs.I hereby reserve any and all rights to make additional requests for information and to bring additional claims against any parties involved with my loan.You are also advised hereunder that to the extent that you or the “owner” of my loan may allege to be protected by any applicable statute(s) of limitation(s) with regard to any claims I may have for violations of state or federal law under the loan above-referenced, including my ability to rescind the loan transaction under applicable law, that any such claims are alleged to not be fully “discoverable” until full documentation is provided hereunder.? I therefore reserve all rights to any and all claims, including rescission, until examination of the documents can be completed.Thank you for your prompt attention to this matter.Sincerely,?BorrowerINSTRUCTIONSYour letter requesting the identity of the owner of your loan should be addressed to your LOAN SERVICER.Typically your loan servicer is NOT the owner of your loan but merely the party that processes your payments and sometimes acts as if they own your loan.You should use the CUSTOMER SERVICE address on your monthly statements (unless a specific address is identified on your statements for correspondence).Always send your letters FIRST CLASS MAIL and CERTIFIED MAIL RETURN RECEIPT REQUESTED and KEEP A COPY of your letter for your files with your certified mailing receipt.?When your signed return receipt card comes back (green card), make sure you keep it with the copy of your letter so that you know on what day they received your request. ................
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