Federal Judge Agrees, Fannie Mae Foreclosure Could Violate U.S. Constitution

Comments Based On Findings By MFI-Miami And Michigan Attorney 

Steve Dibert, MFI-Miami

On May 7, 2012, Judge Robert J. Jonker of the United States District Court, Western District of Michigan dismissed Fannie Mae’s Motion for Summary Judgment in the case of Pablo Bocardo and Guadalupe Bocardo v. Select Portfolio Services and The Federal National Mortgage Association. (Docket # 1:12-cv-177) and is allowing this to go to trial.

Judge Jonker agreed with two points that the Bocardo’s attorney, Jason Jenkinson of the Northern Michigan Law Center argued.

Jenkinson argued that denying the Bocardos the right to contest the merits of their foreclosure after their redemption period would violate their due process rights under Article III of the U.S. Constitution. Judge Jonker agreed by stating, “…from my perspective, standing is an Article III jurisdictional issue. It deals with injury in fact first of all.  And I can’t imagine anybody better than the party that says they are entitled to lawful possession of the house because something was wrong with foreclosure process.”

During the investigation leading up to the lawsuit, Steve Dibert of MFI-Miami discovered a memo from Fannie Mae to their mortgage servicers stating Fannie Mae’s ownership interest.

 “This discovery allowed Jason to question whether the proper party in this matter foreclosed on the Bocardo’s home and if Fannie Mae has the authority to evict,” explained Dibert.

By denying The Defendants’ Motion to Dismiss, Judge Jonker ultimately forwarded the idea that further inquiry was needed to determine whether Michigan Statute MCL 600.3204 was violated by the alleged foreclosure and/or the improper attempt to evict

After the decision, Jenkinson commented that “it’s refreshing to see that someone is willing to look into how the foreclosure mills spearheaded by Fannie Mae and Freddie Mac have been working overtime to throw people out of their homes.  Hopefully this will lead to more attempts by the banks to modify deserving homeowners.”
Bocardo Transcript 5-15-12

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Robo-Signing Found At Foreclosure Mill Run By Michigan State Rep’s Brother

Palling Around With Robo-Signing Law Firms Is Not Just A GOP Thing Anymore

Steve Dibert, MFI-Miami

Since MFI-Miami began exposing robo-signing by Michigan foreclosure mills eighteen months ago, one law firm has managed to stay off the radar until now and the managing partner of that hirm has a sister who is a Democratic state Representative who sits on the committee overseeing foreclosure legislation.

MFI-Miami has discovered multiple affidavits and mortgage assignments dated from April, 2010 through May 2011 from multiple Register of Deeds offices through out Michigan, allegedly signed by Jason Canvasser, a Michigan attorney who once worked at the law firm of Randall S. Miller and Associates in Bloomfield Hills, Michigan.  Randall S. Miller and Associates is the fifth largest foreclosure mill in the country and they handle foreclosures in California, Indiana, Michigan and Minnesota.  Jason Canvasser left Randall S. Miller and Associates in July of 2011 is now with Kupelian Ormond & Magy, P.C., a commercial litigation firm. As you can see, the signatures are very different and the pattern seems to fit the typical foreclosure mill business model.

Jason Canvasser Signatures

Family Ties

Lisa Brown For Oakland County Clerk

 

 

 

 

 

Miller’s law firm has been able to stay off the MFI-Miami radar when it comes to robo-signing because except for Michigan, Miller’s firm does business in three states MFI-Miami does very little or no business unlike Trott & Trott or Orlans.

Unlike David Trott or Linda Orlans, Miller’s firm has been relatively low key about their political contributions and connections.  Linda Orlans, who as the President of the Michigan Chapter of the Koch Brothers’ faux non-profit, Americans for Prosperity lavishes money on GOP candidates and has entertained high dollar fundraisers for Michigan Secretary of State Ruth Johnson at her $4 million mansion in suburban Detroit.  David Trott is currently the Michigan Finance Chair for GOP Presidential candidate Mitt Romney.  Trott, his wife and his staff have given nearly $25,000 to Michigan Attorney General Bill Schuette.  Together Orlans and Trott have raised nearly $250,000 for both Johnson, Schuette and the Michigan Republican Party.

Miller doesn’t need to throw money around like Rich Uncle Moneybags to have an impact on legislation.  He has an ace-in-the-hole that he’s been able to keep pretty quiet about until now. Miller’s sister is Michigan State Representative Lisa Brown (D-West Bloomfield) who currently sits on the Michigan House Judiciary Committee.  The same committee that debates and approves foreclosure related legislation before it goes to the full Michigan House of Representatives.  Last year, during the debate to change Michigan’s foreclosure laws we heard nothing from Brown or the Democratic caucus who sat and did what the GOP majority told them to do.

Ready For Prime Time?

Last month, Brown announced because of redistricting, she was not seeking a third and final term in the Michigan House and has instead decided to run for Oakland County Register of Deeds against Republican Bill Bullard, a career politician who was appointed to the position in January of last year when Ruth Johnson was elected Michigan Secretary of State.  In her announcement last month she attacked Bullard by saying,

“It’s clearly a problem that Bill Bullard takes his role as a Republican political operative more seriously than serving the public as clerk.” 

Brown’s legislative performance could be seen by many as lackluster. She steered away from controversial issues, campaigned on issues her constituents wanted to hear and voted the way her party leadership told her to just as Bullard had done for almost 30 years as a County Commissioner,State Representative and State Senator.

Brown has also had her share of being a “political operative”. In 2010, she took campaign contributions from two people involved in the voter fraud scandal that rocked the Oakland County Democratic Party.  As Bullard pointed out in the same article:

“One of the most important jobs of the Oakland County Clerk is to safeguard honest and fair elections. I think Representative Brown should show her commitment to election integrity by first returning the campaign donations she received in the past,” 

The mortgage crisis that has had Michigan homeowners in a financial Anaconda Vice Grip since 2006 has also been very rewarding to Brown because she has been able to profit from both sides of the fight.  Her brother has given handsomely to her three legislative campaigns and her husband Brian Parker is a consumer lawyer currently doing foreclosure defense.

The question should be, is Lisa Brown ready for prime time?  Running for the Oakland County Clerk/Register of Deeds office is like running a congressional campaign and she’s  trying to do it against a seasoned veteran of Oakland County politics who has held one office or another in Oakland County since Brown was in elementary school in the 1970s.

County Register of Deeds in Michigan has traditionally been where aging politicians as their political careers wind down.  That all changed with the financial crisis as the office is now one of the most important elected offices in the state.  As Ingham County Register Curtis Hertel, Jr. has shown, the job actually does require leadership and political skill.  Unfortunately, Lisa Brown in her four years in Lansing, has shown she’s a follower.

Her brother, the foreclosure mill operator also creates an issue.  If she gets elected Register of Deeds and forged documents are discovered to have been filed in Oakland County by her brother’s firm will she take it to the prosecutor?

Her platform so far has been to attack the Bullard on an issue only the elites in the Michigan Democratic Party and the Oakland County Democratic Party seem to care about.  That issue is the shrinking and redistricting of the Oakland County Commission.  This is an issue most Oakland County residents don’t know or care about and she manages to get smacked down by Bill Bullard over it.

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Homeowner Activists Will Be Crushed Under Their Own Weight

Richard Zombeck, Huffington Post

Homeowner activists will be crushed under the sheer weight of their gigantic egos; 11 million blogs, websites, and Facebook pages; intellectual dishonesty; Internet turf wars; and a stranglehold on information — leaving homeowners sifting through debris for decades.

Since 2009, which by most people’s naive assessment is when the housing crisis and foreclosure fiasco began, the Internet has become littered with self-proclaimed mortgage experts and homeowner activists doing little more than drawing attention to themselves and pointing to their manufactured biographies and made up resumes. A vast majority of these bloggers do little to help homeowners and, in many cases, are doing irreparable harm with histrionics, inane screeching, disparate calls to action, and ignorant advice for struggling and desperate homeowners.

Every once in a while someone will pop up in the news or on a blog to take personal credit for having exposed “robo-signing” or for having coined the term “mortgage servicing fraud.” The media has been all too accommodating and eager to present these clowns as “citizen heroes” without a shred of research into their backgrounds, expertise, or credibility. As a result, these re-branded former traders, mortgage brokers, and, in some cases, convicted felons are allowed to pass themselves off as concerned citizens. In actuality, much of the mortgage mess was being discussed long before what many consider ground zero – as early as 2005 in some cases. (See: ML-Implode,MSFraud, and GetDShirtz.)

In an era of technology that promotes the sharing of information at lightning speed, the lack of unity and collaboration among bloggers is staggering and an affront to logic. Informing, educating, and helping homeowners has taken a back seat to turf wars over Internet traffic and self-adulation. Many of these site owners and bloggers seem less concerned with providing actual relief to homeowners than they are with boosting their ratings and agenda. One has to wonder if their newly found purpose in life could be jeopardized should an actual solution become miraculously available.

“It is frustrating and difficult to watch as the people who have risen to the forefront of this movement battle each other for turf in the marketplace of ideas,” says Vermont Trotter ofprotectamericasdream.com. “All this does is sow confusion into the network, leaving the homeowner confused and his efforts dispersed and unfocused. ‘Collaborate or Die’ isn’t just a slogan; it is the reality we are facing. The other side collaborates; we know that. It’s time we did too.”

In the meantime, a large majority of bloggers litter their sites with irrelevant articles and wild speculative theories, and plaster public documents with their personal watermark as if to expect a finder’s fee. Some promise do-it-yourself solutions from someone who may have attended a weekend seminar and published a PDF. Millions more simply repost random crap, violate copyright laws, and slap ads in every corner of their site’ hoping to get rich one nickel at a time.

“Many of these activists think that because they went to a 5-hour foreclosure seminar, that somehow makes them an attorney or mortgage expert who is qualified to give legal advice,” says Steve Dibert, of MFI-Miami, “This is like saying that anyone who watched Speed Racer cartoons in the 1970s would qualify for pole position at the Indianapolis 500. Not only do activists promote incorrect and discredited information, but it could be considered unlicensed practice of law.”

The worst offenders are the owners and authors of well-trafficked sites whose egos have grown with the number of readers. They moderate comments and forum posts in the same way Fox News edits its commentators.

While comments and forums can go off the rails and devolve into inane and irrelevant discussions without moderation, for the most part they add value to the discussion and the flow of information. Readers and bonified experts may question a theory, correct factual inaccuracies, challenge the author’s motivation, or even add to the author’s article by providing additional insight and information. Unfortunately, it’s usually the site owner moderating the comments and posts who prefers praise for their prose over intelligent discussion and, as a result, many of these comments, particularly ones that may actually add to the value of the article, don’t see the light of day. It’s as if the author’s feelings were hurt for not having come up with the idea himself. In the end, the reader is left with a soapbox speech of half-truths and misleading information followed by applause and comments from adoring fans who are no less ignorant than the author.

Martin Andelman of Mandelman Matters and a Home Preservation Network contributor is one of the more consistent and outspoken bloggers on this issue. He and I share a common sentiment with several others: get this done and put it behind us. Neither of us planned on getting attention this way. Being insulted and lambasted by other activists supposedly on the same side is not what you shoot for when you’re making a five year plan.

“I never delete comments unless they’re racially motivated or hateful,” Andelman says., “I have readers on my site that are a lot smarter than me and when I write something it’s to get people talking. I want people to think about what I wrote and point out something I missed. I don’t do this to be ‘right’.”

Last year Van Jones was quoted as saying, “You move from anger to answers. You move from pointing out the problem to pointing out the solutions.” An inspiring sentiment, but with no follow-through is meaningless. I’ve spoken to several activists and well established bloggers over the past year who have reached out to Jones (myself included) to no avail — it seems everyone really does want to do this on their own — or at the very least taken direction from President Obama on the lack of follow through when it comes to this issue.

In Iceland, people hurled rocks at Parliament and were rewarded with a nationwide reduction in mortgage principal. In Spain, hookers collectively refused to service bankers until they loosened lending standards. The Greeks started their own barter system, bypassing the banks. In Cairo, tens of thousands of Egyptians gathered in one place at the same time to protest their outrage, making OWS look like a campus sit-in. In France, if you threaten to take away a federal holiday, people set fire to cars and hurl mailboxes through plate glass windows. In fact, International Monetary Fund Chief, Christine Lagarde had more to say about Fannie Mae and Freddie Mac than any of our elected U.S. officials combined, but the best this country can come up with is eleven million blogs of re-posted crap?

This country has some very bright, motivated, innovative, and passionate people. If they started working together rather than hoping for the number one slot on American Idol, something might get done.

Without collaboration on all fronts this movement, like any movement, will collapse under its own weight. The divisiveness, infighting, and turf wars have made it easy for the ones who created this mess to run roughshod over the American people and the laws that were meant to protect them.

The “cause”, as it were, is severely disjointed and incomprehensibly divided by many wanting the same thing — relief for homeowners and justice for those who were harmed.

As Vermont Trotter, a colleague and contributor to HPN, says all too frequently, “Do what you do, but do it together.”

Author’s Note: This blog post was, in fact, a collaborative effort. As with many pieces I’ve written, I rely on others who know more than me for guidance, advice, and facts. Thanks go out to all of them who contributed to this piece in one way or another:

While comments and forums can go off the rails and devolve into inane and irrelevant discussions without moderation, for the most part they add value to the discussion and the flow of information. Readers and bonified experts may question a theory, correct factual inaccuracies, challenge the author’s motivation, or even add to the author’s article by providing additional insight and information. Unfortunately, it’s usually the site owner moderating the comments and posts who prefers praise for their prose over intelligent discussion and, as a result, many of these comments, particularly ones that may actually add to the value of the article, don’t see the light of day. It’s as if the author’s feelings were hurt for not having come up with the idea himself. In the end, the reader is left with a soapbox speech of half-truths and misleading information followed by applause and comments from adoring fans who are no less ignorant than the author.

Martin Andelman of Mandelman Matters and a Home Preservation Network contributor is one of the more consistent and outspoken bloggers on this issue. He and I share a common sentiment with several others: get this done and put it behind us. Neither of us planned on getting attention this way. Being insulted and lambasted by other activists supposedly on the same side is not what you shoot for when you’re making a five year plan.

“I never delete comments unless they’re racially motivated or hateful,” Andelman says., “I have readers on my site that are a lot smarter than me and when I write something it’s to get people talking. I want people to think about what I wrote and point out something I missed. I don’t do this to be ‘right’.”

Last year Van Jones was quoted as saying, “You move from anger to answers. You move from pointing out the problem to pointing out the solutions.” An inspiring sentiment, but with no follow-through is meaningless. I’ve spoken to several activists and well established bloggers over the past year who have reached out to Jones (myself included) to no avail — it seems everyone really does want to do this on their own — or at the very least taken direction from President Obama on the lack of follow through when it comes to this issue.

In Iceland, people hurled rocks at Parliament and were rewarded with a nationwide reduction in mortgage principal. In Spain, hookers collectively refused to service bankers until they loosened lending standards. The Greeks started their own barter system, bypassing the banks. In Cairo, tens of thousands of Egyptians gathered in one place at the same time to protest their outrage, making OWS look like a campus sit-in. In France, if you threaten to take away a federal holiday, people set fire to cars and hurl mailboxes through plate glass windows. In fact, International Monetary Fund Chief, Christine Lagarde had more to say about Fannie Mae and Freddie Mac than any of our elected U.S. officials combined, but the best this country can come up with is eleven million blogs of re-posted crap?

This country has some very bright, motivated, innovative, and passionate people. If they started working together rather than hoping for the number one slot on American Idol, something might get done.

Without collaboration on all fronts this movement, like any movement, will collapse under its own weight. The divisiveness, infighting, and turf wars have made it easy for the ones who created this mess to run roughshod over the American people and the laws that were meant to protect them.

The “cause”, as it were, is severely disjointed and incomprehensibly divided by many wanting the same thing — relief for homeowners and justice for those who were harmed.

As Vermont Trotter, a colleague and contributor to HPN, says all too frequently, “Do what you do, but do it together.”

Author’s Note: This blog post was, in fact, a collaborative effort. As with many pieces I’ve written, I rely on others who know more than me for guidance, advice, and facts. Thanks go out to all of them who contributed to this piece in one way or another:

  • Martin Andelman, Mandelman Matters
  • Matt Weidner, mattweidnerlaw.com
  • Nancie Koerber, Project Reconomy
  • Jack Wright, MS-Fraud
  • Vermont Trotter, Protect America’s Dream
  • Mike Dillon, Stellionata Consulting
  • Steve Dibert, MFI-Miami
  • Pamela Joye, Pamela Joye Photography

Follow Richard Zombeck on Twitter: www.twitter.com/zombeck

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Angry Over The Lack Of Banker Convictions? Blame OJ Simpson

Steve Dibert, MFI-Miami

Since I started MFI-Miami, I have heard from thousands of people who are appalled by the fact that no one has been convicted in the financial crisis for mortgage servicing fraud, robo-signing, filing false documents, foreclosure fraud, etc.  However, contrary to what the loony mortgage activists and armchair foreclosure experts will tell you it’s not because of some mass conspiracy with the banks, the government or even the Illuminati.

It’s about money and how much it would cost the various government agencies to convict nearly 100 billionaires.  After all, justice is not free and someone has to pick up the tab.  The federal government and the states, like homeowners who are in foreclosure, have to make the tough call about rolling the dice.  Do they spend tens of millions of dollars fighting for the convictions of billionaire bankers and run the risk of being publicly humiliated or do they go after the one homeowner with no money who overstated his income on his mortgage application?  Prosecutors weigh the monetary cost  to the taxpayers for a conviction against the likelihood of a conviction.  I call this the OJ Simpson Litmus Test.

The OJ Simpson Litmus Test

OJ Simpson Bankster convictionsMost people don’t know that while OJ Simpson was on trial for murdering his wife and Ron Goldman back in the mid 1990s, there was another trial going on in the courtroom next door.  Like OJ Simpson, a black man was accused of murdering two people.   The difference was, this black man had a public defender for a lawyer while OJ Simpson had a multi-million dollar legal dream team assembled by Kim Kardashian’s late father, Robert Shapiro (who now pawns his website for legal forms on TV) and famed criminal defense attorney, F. Lee Bailey (who has since been disbarred in two states).

OJ Simpson was acquitted and until his conviction for criminal conspiracy,kidnapping, assault, robbery, and using a deadly weapon in 2008, spent the next 13 years drinking mojitos, playing golf and picking up bar hoes in Florida while the guy in the courtroom next door went to San Quentin and everyday clutches a bar of soap in the shower as if his life depends on it.

The Simpson acquittal was an embarrassment for a lot of people and almost cost former LA District Attorney, Gil Garcetti his re-election in 1996.  One of the main reasons the prosecution lost was due to his legal team being outsmarted and outmatched at every turn by Johnnie Cochran and Bailey.

What most people don’t understand about the legal profession is that there are two types of attorneys that go work at a prosecutor’s office.  The smart and ambitious ones go there to gain trial experience where the rest go there because their performance in law school didn’t attract the attention of any high power law firms.  The smart ambitious attorneys tend to leave and form their one firms after about ten years and use their experience to become skilled litigators demanding top dollar.

Wall Street lawyers tend to have excelled in Ivy League law school and got noticed by the big law firms representing the major players in finance or the law firms hire the aforementioned prosecutors.

The finance industry takes the same attitude I do when it comes to good attorneys and that is, I can’t have enough of them.  Like the finance industry, I am willing to pay top dollar and train good lawyers in the intricacies of mortgage finance to get the results I think my clients are entitled to.  The only difference is financial companies have hundreds of millions of dollars at their disposal to train these attorneys.

Because of this, state or federal prosecutors fear a criminal case against the banks would be the OJ Simpson murder trial on steroids.  Prosecutors would be outmatched and smarted by attorneys who have two things prosecutors don’t have, the ability to simplify complex financial practices to a jury of twelve people and clients willing to spend hundreds of millions of dollars to cast reasonable doubt.  After all, a criminal case is not about guilt or innocence, it’s about proving guilt beyond a reasonable doubt.

OJ Simpson started a trend by the wealthy in this country of spending whatever it cost to produce that reasonable doubt.  So next time you want to bitch to your congressman or to a member of your state legislature because they lack the testicular fortitude to demand justice,  send a  letter to OJ Simpson instead.  Here’s his address:

OJ Simpson C/O

Lovelack Correctional Center

1200 Prison Rd,

Lovelack, NV 89419

 

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