Predicted New Foreclosure Fraud by Attorney and Bank for 2012 – Blank Endorsements

For years now I have been fighting for the rights of the people in foreclosure. As a Fraud Examiner I must be objective and call things as they are. It is against the code of conduct to accuse directly anyone of any actual wrong doing. However, so far any writing that I have made has included allegations of fraud that have been proven true over time. The media has jumped all over many of the fraud schemes and now the government has finally had to admit that it is a plague in the industry. I’m so glad that I am finally given credit for being right. For years I was looked at as a conspiracy theorist by those outside of the scope of my work and assistance. I now see the next scheme to defraud the foreclosure defendant. Please be fully advised and take notice that I am not an attorney and nothing in my writings should be considered or accepted as legal advice. For legal advice please contact an industry specific attorney.

Most foreclosures are presented before the court under the statutes or codes that are the administrative procedures of that court. However, due to the robo-signing scandals, missing paperwork and other document issues there just had to be a better way for the creditors and their debt collector attorneys to prevail without having to defend the creations of false documents and robo-signing. You see it has become a major issue for the creditors. Imagine filing a suit and not having the original contract to defend your position and the wet ink signature of the defendant. At first the trick was the affidavit of prove up or truth, the lost note affidavit, then it was the falsified note and mortgage, then it was the plague of the assignment.

However,there were many sharp people out there that fought the “Show me the note argument”. There has been great debate and much argument over the note. Unfortunately there ere also many people out there that found out about the Note argument and just did not know how to fight it. Many courts now reject that argument and use judicial discretion in using affidavits, assignments and other chain of title evidence that still do not equal the original wet ink document. The truth is if you see a pile of documents that do not include the original note and mortgage it’s probably because the creditor does not have them. It is becoming more and more difficult to get discovery in the courtrooms to allow the creditor to authenticate the copies placed into evidence through the production of the originals.

Now we know about the cut and paste techniques, photo shop of signatures and an actual robot that can reproduce documents with an actual ball point pen. It just gets harder and harder as the technology is more and more advanced. It’s cheaper to buy the technology and create documents than admit to their non-existence or admit to falsification of already made documents on the court record. Imagine the amount of settlement money the creditors would have to pay out if caught by the right defending attorney or regulating agency.

Know that this applies to foreclosures where the standing or right to collect on the note is challenged or Jurisdiction based on standing or failure to prove up the right to state a claim in which relief may be granted.

It is my prediction that the next phase will be the use of affidavits and a copy of the note and mortgage where the note will have whats known as an endorsement in blank. YES ENDORSEMENT IN BLANK pursuant to the Uniform Commercial code. Click on the link to see the explaination more completely.

What this endorsement does is allows the holder of the note whether or not the person has any right to the note to collect on the note as the bearer (Just for having possession of it). The Uniform Commercial Code has recently been revised, I would like to draw you attention to section 3 of the UCC. Look up that section on line to get familiar with it. This section has been revised in such a way that all you need is an endorsement that states “Pay to the order of” a blank line and limited info as to the endorser. Imagine this, if a note is lost or stolen any person who finds it can collect on the note in any court of law! That person need not pay anything for the note, simple possession is perfection of the debt and no public recording is required. this is where the banksters and their sidekick debt collector attorneys will continue the theft of Peoples homes.

Learn more about these endorsements and what the code allows to see the dangers of this practice. I have personally witnessed in the court room where the defense argues falsification of documents, failure to validate and verify the debt pursuant to the F.D.C.P.A, failure respond or comply with a Q.W.R request (Qualified Written request) or any other consumer protection law, code, right, regulation and or other substantive or procedural irregularities within the court file. The judge trying to make heads or tails of the matter and the foreclosure attorney will then declare confidently “Your Honor, the promissory note is endorsed in Blank”. That is when all the defense and evidence from the defense goes right out the window!It’s the easy rocket docket reason to find for the Plaintiff. Another one bites the dust. This is becoming more and more common in Cook county Illinois and I have seen this with mine own eyes. With the note in Blank it is easy for the court to say for the sake of time and resources unless you can disprove standing that is it.

My writing would not be complete with some type of suggestion to aid in the avoidance of being a victim of this type of scheme if the creditor has actually falsified the document. Get a Ink date and paper testing Forensic scientist or lab to test the documents. Have all the signatures, stamps and paper tested for creation date. you may find that the paper was made last year and the note date was made years ago. the signature ink dates a few months ago and the signature date alleges to have been signed years ago. the Ink stamp used to endorse again new ink for old actions. Albeit these procedures are quite expensive. However, your home is worth the extra expense. if it pans out that the documents are false that the court is to rely on and you prove they came before the court with this type of scheme the case should be tossed out and the Plaintiff owes you your expenses in defending yourself. Then victims may consider a quiet title action and a counter suit for fraud. Again this is not legal advice, it is a hypothetical example.

You may consider having you documents first reviewed by a Fraud Examiner in order to determine if the note and or mortgage is worth ink and Paper date testing. You first need to have the note and mortgage reviewed for indicators of falsification before deciding to undertake a greater expense in exposing any fraud or material misrepresentation within the original documents. Know that the originals will not be immediately available. You first have the copies examined then use the findings to challenge the originals. In discovery you subpena the original to be authenticated. Chances are if the original does not exist and or the document before the court is nothing more than a fake of what is purported to be a copy of the original the creditor attorney will seek to avoid compliance and the truth will come to light that the original does not exist. Then the contradiction of all the prior claims on the record is now detrimental and may grant the defendant a favorable order.

Now it’s time to do some homework. Think objectively and uncover the hidden. Remember the best way to hide something is in plain sight. You saw it here first.

Tony Hernandez
Fraud Examiner
Chicago Il.

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