Court Issues Restraining Order Against Firms As Lawsuit Seeks Restitution For Consumers
NEW YORK – Attorney General Eric T. Schneiderman today filed a lawsuit in New York County Supreme Court against four interrelated companies and their principals for operating a fraudulent loan modification scam. The lawsuits were filed against Home Affordable Direct, Inc. (Farmingdale, NY), Home Affordable Solutions, Inc. (Farmingdale, NY), JR Holding Group Corp (Babylon, NY), Clear Solutions and Settlements, Inc. (Tampa, FL) and their principals, Javier Gutierrez and Shadi Soumekh. The companies and their principals are alleged to prey upon financially vulnerable consumers by claiming they can provide substantial relief from unaffordable mortgage payments through loan modifications and other forms of foreclosure prevention.
Yesterday, Bernard J. Garbutt III (really), a partner with NY firm Morgan Lewis, sent a letter to Chief Justice Tani G. Cantil.Sakauye and the Associate Justices of the Supreme Court of California representing Deutsche Bank National Trust Co., following an October 4, 2013 letter from AlvaradoSmith (representing JPMorgan Chase) requesting depublication of Glaski v. Bank of America, N.A.
Apparently, Glaski makes the banksters uncomfortable enough that they want the decision to be removed from publication based on the fact that the “PSA states explicitly that the Trust is a Delaware Statutory Trust, organized under the Delaware Statutory Trusts Statute, 12 Del. Code Ann. §§ 3801 et seq., and governed by Delaware law. See, e.g., PSA § 10.05 (governing law).” So, the Wall Street banks hired high priced firms to pen letters to the appellate court begging to hide the Glaski decision.
For nearly 20 years, in particular, the last 10 years, the courts, foreclosure defense attorneys, homeowners and politicians have been bamboozled by the blur and use of “MERS” – the service mark for the MERS® eRegistry system owned and operated now by MERSCORP Holdings, Inc.
“MERS” first became the acronym, an abbreviation for the first Mortgage Electronic Registration Systems, Inc., in 1995. This corporation was registered in Delaware on October 16, 1995. In 1997 Mortgage Electronic Registration Systems, Inc. registered “MERS” as the service markwith the United States Patent and Trademark Office (USPTO) for its mortgage loan eRegistry system. This original MERS corporation has long since been eaten up by other entities created by its executives and board of directors to replace it over the past 18 years. Bottom-line: The original Mortgage Electronic Registration Systems, Inc. is dead and it died in 1998… RIP
February 28, 2013 – See Attorney Wendy Alison Nora’s Comment below –
ATTENTION ALL NEW CENTURY MORTGAGE HOMEOWNERS AND FORECLOSURE DEFENSE ATTORNEYS:
NOTICE OF MOTION TO DESTROY NEW CENTURY MORTGAGE LOAN FILES
On February 14, 2013, New Century Mortgage Liquidating Trust Trustee, Alan M. Jacobs motioned the court to allow him to destroy and abandon “certain” Mortgage Loan and Business files (Order Authorizing the Immediate Abandonmentand Destruction of Certain Mortgage Loan Files and Non-Mortgage Loan Business Files). It is so immediate that respondents have only until February 28, 2013 to answer! Click here for the Destruction of Files Motion. Continue reading →
Dylan Ratigan has been a powerful journalist in the investigative media exposing the frauds and government mismanagement of the Wall Street Ponzi scheme that lead to the worldwide financial collapse. Delaware AG Beau Biden is the most recent of attorneys general to file a lawsuit on behalf of the homeowners in Massachusetts against MERSCORP, Inc. Ratigan’s interview with AG Biden identifies the significant issues that ALL attorneys general (including Hawaii) should be considering.
As most of us are aware – it’s about time that MERSCORP, Inc. became the thrust of the AG’s investigations. It’s also about time that JUDGES started reading up on the lawsuits against MERSCORP, Inc. and it’s “straw man” empty shell entity Mortgage Electronic Registration Systems, Inc. and quit giving them a free ride. STOP making BAD law thinking you are protecting your pension and retirement funds – THEY ARE GONE!
How many times have you seen opposing counsel argue in a Motion to Dismiss that MERSCORP, Inc. should not be a Defendant in the lawsuit? They allege, for example: “Plaintiffs do not allege that they had any dealings with Defendant MERSCORP, nor that Defendant MERSCORP is a party to or drafted any of the documents relative to their loan, or took any action against them?” Well, folks – MERS and MERSCORP, Inc. are apparently one-in-the-same… it appears to be a “dba” at best…. New evidence, anybody? [Ed. note: I stand corrected referring to the comment below; not even “dba” is adequate. SeeAMERICA WHOLESALE LENDER v. PAGANO stating,“We conclude that, because a trade name is not an entity with legal capacity to sue, the corporation has no standing to litigate the merits of the case.” Check your state and local case law.]
Most homeowners have flawed, robo-signed and outright fraudulent assignment of mortgage documents. It’s time to take copies to the state AG, file a complaint and show them just how prolific the fraud is. You may not be able to go to hop a plane to help OccupyWallStreet – but you can show solidarity by contacting your Attorney General.
Do it now – call the AG, show them your assignment of mortgage documents and file a complaint. Click on your state below.
The time has come to rattle the cages of our Attorneys General, our Governors, our Congressional Representatives and State Legislators. We need to tell them that we support New York’s Attorney General Schneiderman! The one true Super Hero, Eric T. Schneiderman, AG of the great state of New York understands the vast amount of fraud that is associated with securitization.
Schneiderman is not willing to fall in the Obama line dance and allow the banks to get off nearly scot-free for ALL of the wrongs, frauds, abuses and Ponzi scheming that they’ve done. The fearless leader has been outspoken because he knows, just like his predecessor, Elliot Spritzer, that these banks have committed crimes that surpass any “get out of jail” free pardons the failed Obama administration might be willing to give. Continue reading →