Tagged: Alan Jacobs, ap, assignment, bankruptcy, bar date, borrower, deed, Delaware, FORECLOSURE, fraud, fraudulent, Hahn & Hessen, home123 corp, homeowner, lawsuit, lift stay, liquidating trust, loan, NCLT, New century mortgage, notary fraud, note, pro se, subprime, trustee
July 17, 2012 at 12:42 am #1778
I am not sure if this is the right forum, but there is a what I believe to be a huge issue regarding foreclosure fraud by Carrington Mortgage Services & Deutsche Bank National Trust Company on mortgages that were originated by New Century Mortgage Corporation. My mortgage was originated by New Century Mortgage Corporation in 2005. The loan was allegedly pooled and added to the “New Century Home Equity Loan Trust 2005-5″ in April 2005. New Century Mortgage Corporation then filed bankruptcy in 2007 and Carrington purchased the servicing rights of loans that New Century was servicing. From my understanding, New Century Mortgage Corporation later went out of business.
My loan is currently in foreclosure. I filed a Chapter 13 bankruptcy and Carrington/Deutsche filed a Motion for Relief from Automatic Stay twice. I opposed the motion both times. The first time Deutsche withdrew their motion because the court found that Deutsche had not proved their standing as a holder in due course or the actual note holder; without proving standing, a lender cannot foreclose.
As I researched the chain of transfers to understand how my loan got from New Century Mortgage Corporation to Carrington/Deutsche, I found what appears to be blatant fraud on the part of Carrington/Deutsche. First item of fraud, the Assignment of Deed of Trust states that my loan was transferred from New Century Mortgage Corporation to Deutsche Bank National Trust Company on March 24, 2011 (a week before the notice of default was filed). The assignment was executed by “Carrington Mortgage Services, LLC as attorney-in-fact for New Century Mortgage Corporation.” First, since the loan was made part of the New Century Home Equity Loan Trust 2005-5 back in April 2005, New Century Mortgage Corporation could not have owned the loan in 2011 and therefore could not assign it to anyone; the loan would have to have been transferred from the New Century Home Equity Loan Trust 2005-5 to Deutsche Bank to be a valid transfer. Also, even if New Century Mortgage Corporation still owned the loan in 2011, because they filed bankruptcy 4 years prior to the transfer, they could not have transferred any assets without permission of the bankruptcy court. Neither Carrington nor Deutsche has provided proof of such authorization. There is also the question of whether or not Carrington Mortgage could continue to act as “attorney in fact” for a corporation that is no longer in existence.
Second item of fraud, when the court stated that Deutsche Bank had not established standing to foreclose, Deutsche Bank, as the indenture trustee for New Century Home Equity Loan Trust 2005-5, suddenly produced a limited power of attorney dated 04-14-2010, authorizing Carrington Mortgage to act as its attorney in fact. The power of attorney seems to have been produced as attempt to prove standing after the court’s initial decision stating Deutsche had failed to provide evidence of standing to foreclose. However, the power of attorney simply establishes that New Century Mortgage Corporation did not have authority assign the deed of trust in March 2011 because Deutsche Bank could only act as trustee if the loan was part of a trust for which Deutsche was the trustee.
The next item of fraud I found was the signatures on the Assignment of Deed of Trust & the Substitution of Trustee. Both documents are dated March 24, 2011 and are alleged to have been signed by Tom Croft and both documents are stamped as though they were notarized by the same notary on the same day. The signatures of both Tom Croft and the notary are different on each of the documents; the documents were clearly not signed by the same people. Tom Croft has also been identified nationally by various sources as a known Robo-signer.
There are rulings in several judicial foreclosure states against Deutsche Bank and Carrington Mortgage for the same practices that I have just mentioned above, primarily because the cases went before a court and the fraud was able to be seen judges and attorneys. I live in California, which is a non judicial foreclosure state. Because California in a non judicial foreclosure state, I believe many homeowners here will lose their homes to these unfair, deceptive and fraudulent practices because no one is stopping to review the foreclosure documentation and/or actions of the foreclosing lenders . The only reason my case went before a judge is because I filed bankruptcy. The only reason I have this information is because I am a paralegal student who was able to do some research on my own. Many California bankruptcy attorneys are not knowledgeable in the area of opposing the lender’s motion for relief of automatic stay. Mine wasn’t and as a result, the court granted Deutsche’s motion for relief (which I am now appealing and representing myself). I hope NACA can find a way to look into this and perhaps help even more homeowners. New Century did a lot of loans in California so I am sure there are thousands of homeowners who may become victims of illegal foreclosure practices by Carrington & Deutsche Bank. Thank you.July 17, 2012 at 2:47 pm #1795
First, I have to applaud you for all of your diligence and hard work in researching the chain of events surrounding the ownership of your mortgage. It is an outstanding example of why homeowners should file a Qualified Written Request (QWR) to make their investor provide absolute proof of ownership of the loan.
However, the situation you describe in your story is not one NACA is able or qualified to help you with. These are legal issues you are discussing and NACA is not qualified to provide legal advice or counsel. I strongly suggest you contact your state’s Attorney General’s Office, especially since you state you have evidence of forgery and other fraudulent actions, which would be criminal activity. They would be the appropriate source of help in this matter.
In short, you are saying crimes have been committed against you as part of the foreclosure process, and your evidence must be taken to the proper authorities. I wish you the best in your efforts to save your home!
Online Operations, NACA
firstname.lastname@example.orgJanuary 14, 2013 at 11:38 am #5597
Please email me I am in a similar situation. Perhaps we can trade notes that can help us defeat this fraud.April 23, 2013 at 10:07 pm #7291
Yo! New Century victims. They are still in bankruptcy in Delaware case 7-10416. Now called New Century Liquidating Trust.
There are some pro se homeowners fighting up there. Some pro se’s have filed APs or Adversary Proceedings which are lawsuits within the bankruptcy.
The APs are under different case numbers. Several pro se’s have gotten settlements of cash. The court does not have jurisdiction to help you stop a foreclosure or eviction back in your state. You should consult an attorney.
The Trust reports quarterly financial
Statements and still has millions in income.
The appointed Bkr Trustee is Alan Jacobs and he has counsels from NYC called Hahn & Hessen.
Some pro se had him up on the stand at a hearing and he admitted he pays ( the trust pays) that firm over 300k per month most of the time for their legal services.
Makes sense — that firm sends 7 attorneys from NYC to Delaware to handle an evidentiary hearing with a single pro se homeowner! Yeahhh. Bill those hours!!
Instead of settling with all the pro se’s, the trustee would rather gouge the trust and stoke the law firm partners’ bank accounts!April 24, 2013 at 4:04 pm #7308
This is not unlike what is going on with the Independent Foreclosure Review. The average homeowner is getting under $1000, while the consulting firm involved gets an average of roughly $20,000 per file.
All this while nearly 1.7 million homeowners are still facing foreclosure, more than 3.3 million additional loans have fallen behind, yet the news media keeps telling us how much better things are getting…
The truth is there is still a big fight yet to be won.
Online Operations, NACA
email@example.comJune 8, 2013 at 12:34 am #8008
Hey richguruljenn!!! this is TRULY UNREAL!!! THE EXACT SAME THING HAS HAPPENED TO A MENTALLY CHALLENGED MAN HERE IN MICHIGAN!! THE DIFFERENCE IS THE SIGNATURES ON THE MORTGAGE DOCUMENTS ARE NOT HIS PROVEN BY A FORENSIC HANDWRITING EXPERT, AND A FORENSIC FRAUD INVESTIGATOR WELL KNOWN, MFI-MIAMI, PROVED THE VERY THING I WALKED DOWN THREE YEARS AGO, AND THE FACT THAT THESE ASSIGNMENTS WERE TRANSFERRED AFTER NEW CENTURY FILED BANKRUPTCY, AND THE TRUSTEE WELLS FARGO FOR CARRINGTON MORTGAGE LOAN TRUST SERIES 2006 NC1, (BY THE WAY ) WAS TERMINATED FROM THE SEC IN 2007, AND WELLS FARGO ADMITTING THERE WAS NOTHING IN THEIR SYSTEM, NO LOAN NUMBER, NO ADDRESS, NO NAME, AND THE LOAN NUMBER WAS NOT ONE OF THEIRS, ROBO SIGNED, THE LAW FIRM THAT BROUGHT THIS BULLCRAP EVEN ADMITTED ON RECORD THAT CARRINGTON MORTGAGE WAS NEVER ON TITLE, THE JUDGE STATED ON RECORD, SHE WAS VIEWING AN ASSIGNMENT FROM NEW CENTURY MORTGAGE TO NEW CENTURY MORTGAGE, AND THAT WELLS FARGO WAS CARRINGTON MORTGAGE!! CAN YOU BELIEVE THIS MESS!! SHE RULED IN FAVOR OF THIS FAKE BANK, AND LITERALLY SIGNED A WRIT TO EVICT THIS POOR MAN OUT OF THE ONLY THING HE HAD, HIS HOME SINCE 1998, AND DESTROYING HIS VALUABLES, IN A DUMPSTER, THE AG HERE HAS DONE JACK, SAID THEY HAD A MORTGAGE FRAUD TASK FORCE UNIT, (WRONG)!!, FBI (HAVE TO BE OVER A MILLOION DOLLARS) (DOJ) NOTHING! (CFPB) NOTHING!!! SEC WHISTLE BLOWER 2 YEARS, AND STILL INVESTIGATING? I DONT THINK SO. THE HOME WE ARE IN NOW, AND THINK THAT WE ARE LEASING? GUESS WHAT? THE DOCTOR IS OUT OF STATE, PAID TWO ATTORNEY’S TO GO AFTER THE BUMS, GUESS WHO THEY ARE? YOU GOT IT!! DEUTSCHE BANK, CARRINGTON MORTGAGE LOAN TRUST 2005, NEW CENTURY MORTGAGE SERVICER!!! I GET A NOTICE ON THE FREAKIN DOOR FROM A REALTOR THAT SAYS THE HOUSE WAS FORECLOSED, I CONTACT THIS REALTOR VIA EMAIL, TELL HIM I LIVED THERE, HAVE A LEASE AGREEMENT FROM THE MANAGEMENT COMPANY, I WANT TO BUY THE HOUSE. HE EMAILS ME BACK, AND SAYS IT’S UP TO THE BANK WHETHER THEY WANT TO SELL, CONTINUE THE LEASE, OR FORECLOSE!!! I AM NOT GOING FOR THIS JUNK NO MORE!!! I’VE PAID MONIES TO 3 UNETHICAL BULL CRAPPING LAWYERS, WHO DID NOTHING BUT CREATED A BUNCH OF HAVOC, AND THESE BUMS HAVE NO LEGAL RIGHTS, STANDING,AUTHORITY, NOTHING!! AND EVICTED THIS POOR MAN FROM HIS HOUSE!! AFTER FACTUAL EVIDENCE PROVEN FROM FORENSICS, HANDWRITING FORENSICS, FACTUAL PROOF FROM THE DAM TRUSTEE ADMITTING THEY HAD NOTHING IN THEIR SYSTEM, NO NAME , ADDRESS, LOAN NUMBER, NEVER INITIATED A SHERIFF SALE, NEVER FORECLOSED, NOTHING!! AND THEY STILL KICKED THIS MAN OUT HIS HOUSE FORM A DELUSIONAL JUDGE THAT RATHER COMMIT A CRIME THAN TO UP HOLD WHAT HE/SHE TOOK AN OATH TO DO??? I NEED A TEAM OF FEDERAL ATTORNEY’S THAT IS WILLING TO STEP UP FOR JUSTICE, AND HELP VINDICATE A MAN THAT DOES NOT UNDERSTAND WHY WOULD SOMEONE TAKE HIS ONLY POSSESSION AND HE DID NO WRONG!!!!May 6, 2015 at 3:16 am #15387
While your bankruptcy winds its way through the court system, which could take three or four months, you have the opportunity to build up your savings by living in your home without paying any mortgage or rent. Your lender has the right to ask the bankruptcy court to lift the automatic stay and allow them to go forward with the foreclosure. Nowadays, with the glut of foreclosed homes on the market, many lenders are foregoing this right and waiting for bankruptcy cases to conclude before continuing with Foreclosures.
- This reply was modified 3 months ago by TTrumble.
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