Spot the Fraud: Round Three

Next player is famous: it’s the media darling, GMAC.  And what a star it is:

The Players: GMAC

After the closing,  the Deed of Trust was recorded in the Maricopa County Court Recorder’s Office on December 7, 2005, naming the lender as “Meritage Mortgage” and the beneficiary as Defendant MERS.    The Trustee is designated as the title company, Transnation Title Insurance Co.

There is a year and a half gap in the recordings.  Next appears a Substitution of Trustee, recorded April 6, 2009, purporting to change the trustee from Transnation Title Insurance Company to Executive Trustee Services, LLC.  The Substitution is signed by “Mortgage Electronic Registration Systems, Inc.” by “Cindy Sandoval, Assistant Secretary” and is notarized in California, Los Angeles County by Dee Ortega.  Cindy Sandoval and Dee Ortega are employees of Executive, not MERS.   

Also on April 6, 2009, a Notice of Trustee’s Sale on the subject property was recorded.    The Notice of Trustee’s Sale and the simultaneously filed Substitution of Trustee have suspicious elements that smack of fraud. 

  The Notice of Trustee’s Sale lists MERS as the Beneficiary and Executive Trustee Services LLC as the Trustee.   Interestingly, the claimed signatory “Marvell L. Carmouche, Limited Signing Officer” for Executive has very similar handwriting to “Cindy Sandoval, Assistant Secretary” who signed the simultaneously recorded Substitution of Trustee, purportedly for MERS.  This document is also witnessed by Dee Ortega. in California.    Neither Cindy Sandoval nor Marvell Carmouche display or prove their competency to sign and bind either company.  Nor is there any explanation provided as to why the so-called MERS executive and the so-called Executive executive have identical handwriting.. 

There is no explanation forthcoming from Defendants as to how and when the loan was sold to the current holder.  The note was securitized from the beginning, and this material information was withheld from Plaintiffs.  Pursuant to the securitization, a series of transfers and “true sales” were contemplated.  This chain of transfer contradicts the transfers and timing now disclosed on the public record by GMAC. 

In addition, the note is now governed by contracts and terms between “the investors” (and the “true lender,” an indispensable party who is unnamed and should be discoverable from the Defendants but whose identity has been hidden from Plaintiffs, despite Plaintiffs’ repeated requests for this material information regarding the security instrument on their subject property)  and GMAC and RFC, contracts that were undisclosed to Plaintiffs, that materially affect the security instrument, and that were not agreed to by Plaintiffs.   

GMAC has consistently obfuscated Plaintiffs’ numerous requests (via letters, phone calls, and a QWR sent June 23, 2009 and received by GMAC on June 26, 2009.   In response to Plaintiffs’ counsel’s second letter requesting information regarding the holder of the note, on July 10, 1009, GMAC sent a letter objecting to each and every inquiry as though it were a discovery request, and providing paltry or no information regarding the legitimate questions about who owned their note, and who was being paid for it, and in what amounts.[1]


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2 thoughts on “Spot the Fraud: Round Three

  1. Title Issues for 8704 Milo Ct. Elk Grove CA 95624

    Title Issues:

    Recording date 11/02/10 page 0862 Notice of pendency of action was filed in Sacramento County with the recorders office.

    The civil case 2010-00072319 was dismissal without prejudice, it now becomes an aiding and abetting, illegal foreclosure, eviction and sale.

    GMAC relied on MERS, which is a software that EDS (at one time a General Motors company)created for the mortgage industry. In order to be valid the assignment must be recorded California Civil Code 2932.5

    I can file suit under the fair debt reporting act.

    Recording date 10/22/10 Buyer Name Lorenz William H. price 160,000.

    Document # BK-PG 20101022-1257 document type: Grant Deed

    Seller Name GMAC Mortgage LLC

    The only one time a attorney actually signed for gmac was Jennifer Vizgirdas, from the LPS Default title and closing. A division of LSI Title Agency Inc.

    Legal Description Lot 95 Map Ref MAP5 MB 125

    City/Muni/Twp Elk Grove

    Prior transfer:

    Recording date 02/16/2010 Buyer Name GMAC Mortgage LLC price 184,500.

    Document # BK-PG 20100216-1086 document type: Trustee’s Deed

    Seller Name Lawson Timothy L, Lawson Genevieve P

    Legal Description Lot 95 Map Ref MAP5 MB 125

    City/Muni/Twp Elk Grove

    Foreclosure Record:

    Recording date 01/11/2010 Notice of Sale, (aka Notice of Trustee’s Sale)

    Auction location 720 9th Street Sacramento CA

    Document # BK-PG 20100111-0257

    Foreclosure Record:

    No one has the right to claim ownership of something and foreclose in the same month, date and year.

    Recording date 10/09/2009 Document type: Notice of Default

    Beneficiary Name Proffer Financial

    Trustor Names Lawson, Timothy L; Lawson Genevieve P

    Trustee Names ETS Services LLC

    Was signed by a Trustee Sale Officer Geoffrey Allen with ETS Services.

     

    Recording date 10/09/2009 Document type: Substitution of Trustee

    MERS Mortgage Electronic Registration Systems Inc. as nominee for Proffer Financial was the original beneficiary under the said deed of trust dated 5/15/2006 and recorded on 5/24/06 as instrument no in book 20060524 page # 0324 of official records in Sacramento County.

    Was signed by an Assistant secretary Cindy Sandoval from MERS.

    Recording requested by LSI Title Company Inc.

    Beneficiary Name ETS Services LLC

    2255 North Ontario Street, Suite 400

    Burbank, CA 91504

    Document type: Substitution of Trustee:

    Recording date 09/01/06

    Beneficiary Indymac Bank

    Recording requested by: T.D Service Company

    1820 E First Street, Suite 300

    Santa Ana, CA 92708

    From Commerce Title Insurance Co.

    Was signed by an Assistant Secretary Gina Arreola in Orange County, CA

    Recorded July 18, 2006 book no 20050729 at page # 0899 in the official records of Sacramento County.

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  2. Thank you SOOOO much for your article. I was looking up recorded documents at the County Recorders office and after I read your article, I realized that these two names also appear on documents filed @ the County Recorder’s related to my property. After doing a google search, This name Cindy Sandolva comes up in several Notice of Trustee Sale publications as an “Authorized Signatory” for Executive Trustee Services. I would never have known this was fraud, had I not found your article. Thank you so much!!!

    Like

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