Homeowner Wins Foreclosure Defense Case in Florida Using a Securitization Audit

Posted by revolt | Homeowner Wins Foreclosure Defense Case in Florida Using a Securitization Audit | Thursday 13 December 2012 2:27 pm

Homeowner Wins Foreclosure Defense Case in Florida Using a Securitization Audit

Posted on July 10, 2012 at 11:24 AM EDT

Pinellas County residents Aida and Howard Hayes found themselves part of the nationwide foreclosure process when Deutsche Bank National Trust Company attempted to foreclosure on their home. The Hayes’ hired Kelley Boseker, a local foreclosure defense attorney, who used a securitization audit to show the lender did not have the right to foreclose on their property. The securitization audit unraveled a web of forged signatures, robo-signing, and foreclosure process fraud that ultimately won the case for the Hayes’.

The securitization audit that was submitted as legal evidence found that the first mortgage of $134,400 was originally financed with First NLC Financial Service, LLC. However, the Hayes’ mortgage coupons oddly directed them to make their payments to OCWEN Loan Servicing, LLC in Carol Stream, Illinois. Next, the securitization audit found that the signature on the loan from Thomas Czochanski, the Vice President and CFO of First NLC Financial Service, LLC resembled that of an employee from LSI, a well known robo-signing company. The auditor located the public records for Czochanski’s personal mortgage and found that the signatures didn’t remotely resemble each other. The securitization auditor concluded that:

“the endorsement on the Note is not genuine, and that it was most likely fabricated by Lender Processing Services, who is routinely hired by Shapiro and Fishman to produce these documents. This Note would legally still be owned by First NLC Financial Services, LLC and is in the midst of a Chapter 11 Bankruptcy as case 9:08-Bk-10632.”

Other major issues noted in the securitization audit were that the Assignment of Mortgage was provided but had an “Unofficial Copy” watermark on it and was never recorded. Additionally, Shapiro & Fishman, the legal firm foreclosing on the property for the lender, prepared the Assignment of Mortgage and sent it for signature to two employees of Lender Processing Systems, Inc. who claimed to be Vice Presidents of Mortgage Electronic Registration Systems, Inc. (MERS) who is the original Mortgagee designated on the Mortgage instrument.

The authority of these two individuals to execute this document was challenged, as the company they work for is not any financial institution that has had a valid interest in this loan or any financial institution claiming interest in the loan and no documentation could be produced by MERS to this end. In other words, they had no right to sign the mortgage.

The judge for the foreclosure defense case has ruled in favor of Aida and Howard Hayes and supported the claim that the bank had no right to foreclose on their home. What’s even more exciting is that the Hayes’ no longer have make payments on their first mortgage since it was shown that the bank does not own their loan.

We’ll chalk this one up as a victory not only for the attorney Kelley Boseker and the homeowners Aida and Howard Hayes, but for the American People who just witnessed that there is hope for this nationwide crisis.

For reference, the Case Docket Number is 522008CA013676XXCICI.

The Homeowners Revolt.Com offers trial-ready securitization audits to attorneys. They also offer expert witness testimony.

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