State of Missouri 136 Count Indictment – 68 Class C Felonies for Forgery and 68 Class B Misdemeanors for False Declarations

State of Missouri 136 Count Indictment – 68 Class C Felonies for Forgery and 68 Class B Misdemeanors for False Declarations

By Daniel Edstrom
DTC Systems, Inc.

Thanks to Charles Cox and George Christian for locating this indictment.  Each count lists either a forgery or a misdemeanor.  DOCX LLC is named throughout the indictment.  On April 13, 2011 the Board of Governors of the Federal Reserve System, the Federal Deposit Insurance Corporation, the Officer of Comptroller of the Currency, and the Office of Thrift Supervision issued a Cease and Desist Consent Order against Lender Processing Services, Inc., DocX, LLC and LPS Default Solutions, Inc. making the following findings:

WHEREAS, in providing document execution services to Examined Servicers, including services that facilitated completing foreclosures, LPS and its employees allegedly:

(a) Executed numerous affidavits and similar sworn statements (collectively, “Affidavits”) making various assertions, such as the ownership of the mortgage note and mortgage (or deed of trust), the amount of principal and interest due, and the fees and expenses chargeable to the borrower, in which the affiant represented that the assertions in the Affidavit were made based on personal knowledge or based on a review by the affiant of the relevant books and records, when, in many cases, they were not based on such knowledge or review. LPS executed these Affidavits on behalf of Examined Servicers knowing they would be filed in state courts and in connection with bankruptcy proceedings in federal courts; Continue reading “State of Missouri 136 Count Indictment – 68 Class C Felonies for Forgery and 68 Class B Misdemeanors for False Declarations” »

LivingLies Post: FLORIDA SUPREME COURT RIPS UP BANKS’ PLAYBOOK

LivingLies Post: FLORIDA SUPREME COURT RIPS UP BANKS’ PLAYBOOK

By Daniel Edstrom
DTC Systems, Inc.

After reading this article by Neil F. Garfield, Esq. (http://livinglies.wordpress.com/2011/12/09/florida-supreme-court-rips-up-banks-playbook/), I have an open question for lawyers and judges that I am pondering.  How can any “final” adjudication be final if the title to a property has not been fixed?  If title to a property is left in an inconsistent state, how can res judicata, a judgment or any other type of ruling be “final”?  If title to a property is left with, for example, a wild deed, a forgery or some other defect (or as seems to be typical – defects) rendering title unmarketable, would it not take a ruling by a judge to correct these issues?  If a UD judgment is “final” and a homeowner is evicted, and title is left defective (again, by way of example with a wild deed, forgery or some other similar type of defect), how do you get title cleared?

Title Crisis

Title Crisis

By Daniel Edstrom
DTC Systems, Inc.

If you thought this was a foreclosure crisis brought about by the Mortgage Meltdown, you would be wrong.  If this were a foreclosure crisis only those in foreclosure would be the ones having problems.  And only those loans in foreclosure would be the ones having title issues and “robo-signer” issues.  I cannot say this loud enough: FORECLOSURE IS NOT THE PROBLEM.  Homeowners not making payments is not the problem.  “Freeing up” credit to stimulate lending is not the problem.  If you didn’t get a subprime loan, and yours is a 30 year fixed, you are at risk of a clouded title almost as much as anyone in foreclosure.  In fact, if you have refinanced or purchased your house from 2000 or later, you could easily have a defect in title.  Since I am not a lawyer and can only give myself legal advice, I will only discuss my own case.  And of course these are only my opinions based on my knowledge, education, training and research.  Apparently my title company thinks my title is good.  I know because somebody asked them and they said it was good.  At the end of the article I will explain why they would say that.  What they meant to say was “Everything is great because we, as a title company, are not at risk at all based on our review of your title”. Continue reading “Title Crisis” »

Georgia Supreme Court – Aurora vs. Veatch

Georgia Supreme Court – Aurora vs. Veatch

By Daniel Edstrom
DTC Systems, Inc.

Title does not pass with a forged deed, even to a bona fide purchaser for value without notice of the forgery .  Affirmed unanimously.

View the ruling: http://dtc-systems.net/wp-content/uploads/2011/06/Aurora-v-Veatch-forged-deed-and-bona-fide-purchaser.pdf

View Video of Appellant Aurora Loan Services: http://multimedia.dailyreportonline.com/wp-content/uploads/2010/10/Weber_Kimberly_101810.mp4

View Video of Appellee John Macelray Veatch: http://multimedia.dailyreportonline.com/wp-content/uploads/2010/10/Robinson_John_101810.mp4