Findsen Letter to Arizona AG Terry Goddard

I encourage all Arizonans to contact Goddard with egregious examples of fraudulent documents, oh, I mean “paperwork errors” that happen to be substantively misleading.

Here’s my letter sent express mail with a binder of examples from my various filings.

October 12, 2010

 Dear Mr. Goddard:

I applaud your recent efforts to investigate the bank servicers pursuing foreclosure in Arizona. 

I am an attorney representing homeowners in foreclosure litigation.  I have been on the front lines and have seen some hair-raising violations of law by the banks, especially if one has any regard for due process, candor to the tribunal, and the eradication of fraud, as I know you do.

I have seen numerous fraudulent affidavits, signed by robo-signers, with varying signatures, and varying roles of which bank they claim to be signing for.  Some of them might be a “vice-president” of several different banks in the span of a few months.  The notary stamps are expired, and the notarization sometimes occurs at a date prior to the actual execution of the document.  Some are signed in one state and notarized in another.  Many substitutions of trustee are made by the trustee’s own office, substituting themselves.

More troubling, I have seen the fraud at the heart of this mess.  The robo-signers are but the minions.   Huge national servicer banks (recipients of massive TARP funds) are directing these foreclosure mills, claiming to be the “beneficiary” under the deed of trust by some claimed (but never evidenced) agency relationship with an unnamed principal.

Servicer banks withhold information regarding the chain of title of promissory notes and order trustees to sell properties based on doctored assignments of the deeds of trust, recorded with Maricopa County.  The deeds of trust cannot possibly be assigned to the parties they claim to be assigned to at the time they are alleged to have been assigned.

 If a homeowner is lucky enough and financially able (rare) to have a sharp eyed attorney check into the recordings, the fraud is apparent.  However, if one brings it up to the servicer ‘s white shoe law firm or the court, the allegations are ignored, or dismissed with an arrogant “this is a non-judicial foreclosure state and we don’t have to tell you where the note is or who we are or how we came to be authorized as the claimed beneficiary under the deed of trust, or the agent of the unnamed principal, and why we assigned the deed of trust years after the note was transferred in two true sales and an assignment to the claimed securitized trust.  We don’t have to explain who we’ve been using your money to pay, whether we have forwarded payments, and whether the note has been extinguished by third party payments (who might have a subrogation claim) or sold to debt buyers.”

The saddest part of all is that Arizona federal judges (and some state) are dismissing these cases on the pleadings!  These cases undoubtedly state a claim.  There is some kind of political objective at play and it has nothing to do with due process, the rule of law, and what is fair for all Americans, not just the banks.  It is not hyperbole to say that houses are being stolen every day in Arizona.  We have stronger rules against car theft, or proof of car ownership.  It is ludicrous.

For additional details, please see the attached filings from a handful of my various cases.  The filings explain the specifics of the fraud presented to the court, and to the public records.

Should you need additional information, I can be reached at 480-584-6664.

                                                                                                Very truly yours,

                                                                                                Beth K. Findsen, Esq.

                                                                                                Arizona Bar No. 023205

                                                                                                Texas Bar No. 24002679