FORENSIC EXAMINATION OF THE REAL PROPERTY RECORDS …

[Pages:759]FORENSIC EXAMINATION OF THE REAL PROPERTY RECORDS AND THE CIRCUIT COURT RECORDS

OSCEOLA COUNTY, FLORIDA

PART 1 OF 2: SECTIONS 1 - 4

EXAMINATION CONDUCTED BY DK CONSULTANTS LLC SAN ANTONIO, TEXAS

July 14, 2014 - December 20, 2014 REPORT ISSUED: December 29, 2014

INTRODUCTION

The forensic examination of the real property records of Osceola County, Florida was commissioned by Armando Ramirez, a duly elected public official with the title of Clerk of the Circuit Court of Osceola County, Florida. In all times and places within this report, the Clerk of the Circuit Court shall be hereinafter referred to as "Clerk".

In Florida, the Clerks of the Court have a dual role as both a clerk of the official records (which contain vital statistics as well as real property records, the focus of this examination) and as clerks of the circuit courts in the counties which they serve. It is this Clerk's opinion, being autonomous from legislative and judicial influence, that it is his moral duty to the property owners of Osceola County to conduct a comprehensive forensic examination of not only his Court Records but also of his Official Property Records in light of the ongoing foreclosure crisis.

While the Florida Statutes do not specifically state that among the duties of the Clerks is to be concerned with the integrity of the records they were elected to maintain, there is nothing in the Statutes that prohibit the Clerks from engaging the services of examiners to review and investigate the records as to whether the records violate civil or criminal statutes by virtue of their submission for recordation or filing with said Clerks. Thus, it appears that the Clerk in question desired to undertake such a task, believing that the records he was duly elected to maintain have been compromised as to their integrity. To that end, the Clerk took it upon himself to investigate and seek out examiners worthy of such a task, a specialty which proffers very few contenders, and entered into a contract with DK Consultants LLC, a Texas-based limited liability company, that performs such tasks. DK Consultants LLC did not solicit the Osceola County Clerk.

By mutual agreement, specific filing dates of June 1, 2012 through June 1, 2014 were selected as target filing dates; however, there was nothing prohibiting the examiners from conducting a forensic examination outside of those target dates if they found probable cause to search outside of those parameters where alleged criminal violations would apply; such was the case here.

It was the initial intent of this Clerk to have this forensic examination and investigation conducted of his records due to the current state of suspect affairs surrounding certain corporate entities operating within the United States and the State of Florida that appear to have tainted his real property and court records with false, misrepresentative and malicious filings that have not only comprised the integrity of the records he was duly elected to maintain, but also may have committed crimes against the people of the State of Florida as well as against the real property owners of Osceola County, Florida. The Clerk therefore contractually retained the examiners to conduct such an investigation by virtue of a comprehensive forensic examination, which initially took place between July 14 through July 18, 2014, and continued thereafter until the time the results of the examination were released in this report. There appears to be probable cause to believe that criminal activity within both sets of these records did in fact occur.

TABLE OF CONTENTS

SECTION ONE: OVERVIEW

I. The Difference between an Audit and a Forensic Examination

1

II. Probable Cause

1

III. The Basis for the Belief that the Integrity of the Records

2

has been Compromised

IV. The Basis for the Belief that Criminal Enterprises are Currently Active

7

in the State of Florida (affecting Osceola County, Florida)

V. How Securitization Caused the Evolution of the Criminal Enterprises

15

VI. Summary of the Overview

25

VII. List of Exhibits Referenced in this Forensic Examination Report

28

VIII. List of Witnesses that have Personal Knowledge of Certain Statements

31

Contained in this Forensic Examination

SECTION TWO: INSIGHTS INTO THE MERS? SYSTEM AND WHAT IS NOT REVEALED TO THE "BORROWER"

I. The Suspect Issues Behind the Recorded MERS-Originated Mortgages

33

II. MERS use of the Court System in Osceola County to "Share" in the Spoils

45

III. Summary

53

SECTION THREE: RECORDATION OF SUSPECT DOCUMENTS

I. Suspect Document Manufacturing Abuses

57

II. Suspect Assignments Violate REMIC Regulations

63

HSBC Bank USA, N.A. v. Teresa Marra ... "magically settled" The More Egregious of the REMIC Behaviors

III. Use of Shared Computer-Generated Data and Florida's RICO Statute

74

IV. Document Manufacturing Plants Facilitate RICO Issues

76

V. Summary

79

SECTION FOUR: SUSPECT ACTORS EXPOSED AS THE RESULT OF THIS FORENSIC EXAMINATION

I. The Parties

83

Ablitt-Scofield

157

Adorno & Yoss, LP

157

Albertelli Law

158

American Home Mortgage Servicing, Inc. (Homeward Residential, Inc.) 89

Aurora Bank, FSB / Aurora Loan Services, LLC

237

Bank of America, N.A.

239

Bank of New York Mellon

72

Bayview Loan Servicing, LLC

92

Ben-Ezra & Katz, P.A.

20

Brock & Scott, PLLC

160

Butler & Hosch, P.A.

161

Choice Legal Group, P.A.

165

Citimortgage, Inc.

255

Clarfield, Okon, Salamone & Pincus, P.L.

170

Connolly, Geaney, Ablitt & Willard, P.C.

159

Daniel C. Consuegra

172

Deutsche Bank National Trust Company

73

Florida Default Law Group (see Ronald Wolfe)

231

Florida Foreclosure Attorneys, PLLC

176

Gilbert Garcia Group, P.A. (aka Gilbert McGrotty Group, P.A.)

178

Gladstone Law Group, P.A.

179

Goldman-Sachs (Mortgage Company)

75

Greenspoon Marder, P.A.

180

Heller & Zion, L.P.

184

HSBC Bank USA, N.A.

63

HSBC Mortgage Services, Inc.

99

Indecomm Global Services, Inc.

256

JPMorgan Chase Bank, N.A. (Florida, Texas)

264

JPMorgan Chase Bank, N.A. (Monroe, LA)

265

Kahane & Associates, P.A.

185

Kass Shuler, P.A.

187

Lender Legal Services, LLC

191

Lender Processing Services, Inc. (DOCX)

100

Loancare, A Division of FNF Servicing, Inc.

102

M &T Bank

275

Marinosci Law Group, P.C.

192

McCalla Raymer, LLC

198

MERSCORP Holdings, Inc.

33

Morris | Hardwick | Wittstaft LLC

200

Mortgage Electronic Registration Systems, Inc. ("MERS")

33

Nationstar Mortgage

278

Nationwide Title Clearing, Inc.

103

Ocwen Loan Servicing, LLC

121

OneWest Bank, FSB

284

Orion Financial Group, Inc.

288

Peirson Patterson, LLP

201

Pendergast & Morgan, P. A.

206

Phelan Hallinan, PLC

207

Quintairos, Prieto, Wood & Boyer, P.A.

232

ReconTrust Company, N.A. (see Bank of America, N.A.)

239

Robertson, Anschutz & Schneid, P.L.

208

Saxon Mortgage Services

294

Security Connections, Inc.

295

Select Portfolio Servicing, Inc.

303

Selene Finance, LP

303

Seterus, Inc.

304

Shapiro, Fishman & Gache, LLP (fka Shapiro & Fishman)

214

Smith, Hiatt & Diaz, P.A.

216

David J. Stern, P. A.

218

Suntrust Bank

306

Suntrust Mortgage, Inc.

306

T. D. Service Company

307

Tripp Scott, P.A.

227

U. S. Bancorp (U. S. Bank, N.A.)

73

Van Ness Law Firm, PLC

229

Marshall C. Watson, P.A. (see Choice Legal, P.A.)

165

Wells Fargo Bank, N.A.

312

Wells Fargo Default Assignment Team

312

Weltman, Weinberg & Reis Co. L.P.A.

230

Ronald R. Wolfe & Associates

231

Douglas C. Zahm, P.A.

234

II. Specific Party Listings of Isolated Allegations

89

A. ALLEGED IN-STATE VIOLATORS

89

B. DOCUMENT MANUFACTURING BY FLORIDA FORECLOSURE

LAW FIRMS

157

C. DOCUMENT MANUFACTURING PLANTS WITHOUT THE

STATE OF FLORIDA

237

III. Summary

325

COMPREHENSIVE FORENSIC EXAMINATION OF THE REAL PROPERTY RECORDS OF OSCEOLA COUNTY, FLORIDA

SECTION ONE: OVERVIEW OF THE FORENSIC EXAMINATION

I. The Difference between an Audit and a Forensic Examination

The Clerk retained DK Consultants LLC after conducting (with due diligence) sufficient research to believe that this firm had prior experience in reviewing issues contained within county real property records. It was firmly disclosed to the Clerk that DK Consultants did in fact conduct an audit of the Official Property Records of Williamson County, Texas, as commissioned by the Clerk of that county. To differentiate the two scenarios however, it must be understood that the Clerk of Williamson County, Texas only maintains public records and does not maintain court records; Florida Clerks are mandated by Constitutional provisions to act as public trustees.

It is also understood that Florida Circuit Clerks, despite specific autonomies, are judicial officers. Judicial officers of Florida have a duty to prevent fraud from being perpetrated upon their court systems, if they in fact become aware of such occurrences. The Clerk in this instance chose the latter of the two investigations, as an audit would have only provided statistical analysis of data and the resulting issues thereof, whereas a comprehensive forensic examination seeks to identify specific persons or entities which have conducted alleged criminal enterprises with the intent to violate both civil and criminal statutes of Osceola County and the State of Florida. In this instance, the forensic examination revealed pattern evidence of more widespread criminal behavior as the result of suspect perjury, subornation of perjury, notary fraud, false swearing, false and misrepresentative public filings in both the real property records and within the circuit court systems of Osceola County indicative of defined "white collar crime" statutes. However, any civil issues that arose which affected the integrity of an owner's chain of title were also noted in many of the instances observed here.

II. Probable Cause

It is the belief of the Examiners, after conducting this forensic examination, that suspect criminal enterprises exist within the State of Florida, which may be influenced by other suspect criminal enterprises without the State of Florida, who together appear to have engaged in a conspiracy in the nature of a corrupt racketeering enterprise (RICO) to commit crimes against the People of Osceola County, Florida, with the alleged intent to deprive property owners of their property by fraudulent and misrepresentative means, including but not limited to the violation of Florida Criminal Code ? 817.535; in most instances through the use of "state-sanctioned officers" as noted in F.S.A. Chapter 117. Many of these cases may prove to violate 18 USC ? 371, ? 1341 and ? 1343. To that end, the Clerk expressed the desire that this report and all accompanying evidence be first examined by the State's Attorney for Osceola County, Florida for the purposes of empaneling a grand jury to investigate the allegations contained herein, prior to releasing this report to the general public.

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COMPREHENSIVE FORENSIC EXAMINATION OF THE REAL PROPERTY RECORDS OF OSCEOLA COUNTY, FLORIDA

If the State's Attorney finds, after review, that in fact, probable cause exists in these matters, that it is requested by the Clerk that this report and all accompanying notes and evidence be placed under seal for further examination by the grand jury representing Osceola County, Florida.

It is also understood that all Examiners and persons involved with this forensic examination are potential witnesses, having particular knowledge of the details of this examination and report. A detailed history of these enterprises are discussed in as much detail as possible as time permitted. Due to the ongoing history of certain issues and cases before the courts across the United States at present, certain witnesses described herein are listed anonymously for their protection against physical retaliation against their individual persons for bringing forth information essential to this forensic examination. The witnesses' names will only be revealed to the State's Attorney verbally in confidence and to the Osceola County, Florida grand jury investigating these matters.

EXAMINERS NOTE REGARDING ALL EXHIBITS USED IN THIS REPORT:

All documents noted as Exhibits herein are stated as an Exhibit and are accompanied by a corresponding number and are incorporated herein by reference, without restatement. All Exhibits discussed in this report are contained in a separately-marked container, as noted, for the purposes of review by the State's Attorney for the 9th Judicial Circuit of Florida.

III. The Basis for the Belief that the Integrity of the Records has been Compromised

Prior to the financial crash of 2008, there were numerous inquiries and investigations conducted by counsel on behalf of property owners in counties across the U.S. that revealed issues involving certain corporate entities that have proliferated suspect fraud upon the chains of title to over 70-million pieces of real property. Osceola County, Florida is among those counties affected by these suspect issues.

After the financial crash of 2008, numerous government agencies investigated all of the financial institutions involved and to date, only a handful of criminal cases have been prosecuted. In the civil realm however, tens of billions of dollars in fines have been levied against most of the major lending institutions (and some of the Wall Street brokerage houses) who participated in the events leading up to the crash. In some instances, it appears that money was literally thrown at the United States Department of Justice ("DOJ") to thwart the filing of criminal charges.

Much of the "protection" from criminal prosecution is believed to be derived from the relationship between the DOJ and the Washington, DC law firm of Covington & Burling ("C&B"). It is no secret that Lanny Breuer, former Assistant U. S. Attorney General, resigned his position with the DOJ to return to C&B as an officer of that firm. It is also no secret that Eric Holder, the U. S. Attorney General, resigned his post to take a corporate position with JPMorgan Chase Bank.

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