Balancing the Scales of Justice for Pro Se Homeowners

Using a Criminal Investigation to Challenge your Foreclosure

Posted by on Apr 12, 2012

There has been a lot of talk about the deceptive tactics being committed by the banks – manufacturing and filing false documents in public records, forgery, notaries with expired commissions – these are not simple meaningless violations, they are criminal violations punishable by fines and jail time.  Most homeowners look at these violations and ask themselves, why isn’t someone pursuing these crimes?  And how do I have the court consider these crimes when challenging the foreclosure that is being completed based on these fraudulent documents?  Calls to the FBI, IRS, District Attorney, and State Attorney General often leave you wondering if they have taken you seriously and if they did, will they pursue these crimes?  And if they are pursing them, how do you tell the Court that there are criminal violations involved in your foreclosure?  Well, there is a way for you to push this in front of the court and demand that action be taken.

Every state has a criminal penal code.  For example, in California Criminal Penal Code § 134 states –

Every person guilty of preparing any false or ante-dated book, paper, record, instrument in writing, or other matter or thing, with intent to produce it, or allow it to be produced for any fraudulent or deceitful purpose, as genuine or true, upon any trial, proceeding or inquiry whatever, authorized by law is guilty of felony

In Texas, the Texas Business & Commerce Code § 36.27 states –

CRIMINAL PENALTY–FRAUDULENT FILING.  (a) A person may not knowingly or intentionally sign and present for filing or cause to be presented for filing a document authorized or required to be filed under this chapter if the document:
                (1)  indicates that the person signing the document has the authority to act on behalf of the entity for which the document is presented and the person does not have that authority;
                (2)  contains a material false statement;  or                                
                (3)  is forged.                                                              
(b)  A person who violates Subsection (a) of this section commits an offense.  An offense under this subsection is punishable as if it were an offense under Section 37.10, Penal Code.

A few more of the criminal acts that are common in Texas’ statutes.  Keep in mind that this is in no way a complete list nor are all of these acts listed found to occur in all mortgages or foreclosures.

Felonies:
Sec. 32.46.  SECURING EXECUTION OF DOCUMENT BY DECEPTION – 1st degree
Sec. 37.10.  TAMPERING WITH GOVERNMENTAL RECORD – 2nd &/or 3rd degree
Sec. 71.203. CRIMINAL PENALTY: FRAUDULENT FILING – 2nd &/or 3rd degree
Misdemeanors:
51.901.          FRAUDULENT DOCUMENT OR INSTRUMENTATION – Class A

The key to getting the District Attorney, FBI, State Attorney General, the Court and the bank pursing the foreclosure to take you seriously is in providing these entities with competent evidence that is irrefutable[1].  Who will you take more seriously – a homeowner fighting the foreclosure or an Ex CIA agent with  experience investigating money laundering or a seasoned experienced Sheriff’s Deputy, who on his off duty time did a private investigation that resulted in them finding these criminal violations?  What would the conversation be like if you sent over a report to opposing counsel, with a sworn affidavit from one of these professionals, detailing the criminal violations they found in your title records that opposing counsel’s client filed?  What would your County Recorder do?  Would they not be obligated to expunge those records and as well as notify the District Attorney of the criminal violations?

Steve Skidmore, COO of Endless Fraud Detection Services Corporation shared some very enlightening strategies homeowners can use to challenge their foreclosure and send the bank packing.  Skidmore works with a group of private investigators that review title records on behalf of homeowners – they not only look at the document to see what is fraudulent on the face of the document, they actually investigate the people signing the document.  Through background checks, notary commission verifications, signature comparisons, Steve’s group compiles a “Public Records Investigation” that details where the fraud is, what possible criminal violations there are, and they provide a sworn affidavit testifying to the truth of the information along with the investigator’s resume’ within their report.  (See here for  EFDS Sample Dcuments).  The individuals signing the reports have a varied background ranging from ex CIA to off duty sheriffs’ deputies, whose credibly is beyond reproach and whose experience is all about catching criminals. 

Endless Fraud Detection provides their clients with competent evidence that has been gathered by an unbiased 3rd party.  This means that the evidence presented in the report is admissible in a court of law, and cannot be ignored by the District Attorney, County Recorder, the Judge and any other legal professional you decide to blast it out to.

COMPETENT EVIDENCE

If you are just starting this journey; or have already been fighting with the bank in court, it is time to up the game and put the bank on the defense.  The first step in upping the pressure is making sure that your evidence is competent evidence that cannot be ignored and WILL be entered into evidence.

To have evidence accepted as competent you have to be able to provide the Court with a qualified witness who can testify to its identity, mode of preparation, and if it was made in the regular course of business at or near the time of the act, condition, event so that the Court may justify its admission.  That means taking a photocopy of a document, or even a certified copy of a public document is subject to “challenges” as hearsay without appropriate testimony.  (This cuts both ways by the way; just as your documents may be challenged you may also challenge the banks documents).

Your challenge is not just the contents of the documents itself (the bank has to prove the validity of the contents), your challenge is also the criminal violation of recording the false document.  If the individual signing it has signed as the VP of One Bank but the investigation shows they are actually an employee of the entity they are assigning the document to – and the asset is over 100k – that is a criminal violation.  (For example, in this Miss as Washington Mutual  where Anita Antonelli signs as a VP of Washington Mutual assigning the asset over to Wells Fargo; a background check verified that Antonelli is NOT and has NEVER been an employee of Washington Mutual, she is in fact, an employee of Wells Fargo).  If an off duty sheriff details to the Court that in his private investigation of the document he discovered these facts, do you think the Court will take it seriously?  Think your District Attorney will take it seriously?

NOT ALL PRIVATE INVESTIGATORS ARE THE SAME

I grew up watching Magnum PI and reading Sherlock Holmes; today I watch Kalinda Sharma of the Good Wife with fascination as she conducts her private investigations, digging up nuggets of information for the cases the attorneys are working on.  And yes, Endless Fraud Detections are similar to these private investigators – except their focus is on the paper trail the banks have created rather than whether Mr. White with the candlestick in the library did the deed.

42 states have licensing requirements for private investigators (See here for your states requirements) which typically require the individual have a background of investigations with 1,000’s of hours experience.  Having a license private investigator conduct the fraud investigation is key to having the report accepted as competent evidence.  Without the license the report will most likely be considered a lot of allegations put together by a disgruntled homeowner who is losing their home (or has lost).

Endless Fraud Detection Services is a TEXAS STATE LICENSED PRIVATE INVESTIGATION COMPANY [LICENSE # A-17660] and conducts investigations in all 50 states.

NOTE: Forensic Mortgage Audits, and Forensic Securitization Audits could easily be defined as “private investigations” pursuant to some state’s statutory definitions. In addition, many claim to be “certified” professionals with these audits and were never certified by State Licensed Private Investigation Academies.  This may be why these audits are not getting the attention they deserve in the courts.

 WHAT DO I DO WITH THE REPORT?

 Meet with a Criminal Attorney and have him review the report; depending on the seriousness of the criminal violations identified, the attorney can advise you of the best course of action. You may also want your attorney in your civil (wrongful foreclosure, bankruptcy proceeding, etc.) consider having an ex parte hearing on the validity of the lien instruments filed in support of the bank’s claim. And of course, at some point you want to reach out to the County Recorder, District Attorney, State Attorney General, and the FBI. When you present the report to the opposing counsel needs to be part of your strategy – so when you give them a copy of the report is wholly dependent on your legal strategy to stop the bank from stealing your property through fraudulent documents – you may use it as part of a settlement discussion, or simply go the scorched earth route and bury the bank through whatever legal means you can. Whatever you do with it, be strategic and thoughtful so you end up achieving your goals, and that will start with you discussing the report with your attorney.

Ultimately your goal may be to get the criminal charges filed against the bank; once you get the criminal charges proven you can use the criminal charges (which should result in fines and jail time for someone) as a basis for a civil lawsuit for damages you suffered as a result of the banks (or its employees) criminal acts.

NOT FOR THE FAINTHEARTED

This is hard ball.  Getting tossed out of your home is hardball; so serve back – hard and with competent evidence that puts the bank on defense.   The report could generate some settlement discussions  and help you settle this before you have to pursue the criminal charges;  encourage your attorney to get aggressive in pursuing the criminal aspects of your fraudulent foreclosure.

ENDLESS FRAUD DETECTION SERVICES

If you are serious about challenging your foreclosure, and you KNOW that there has been hanky panky with the documents, then it is time to show the bank just how serious you are.  EFD will investigate every document filed in your county records – that includes Gathering public records (optionally the homeowner can provide a “certified” copy of “everything” on record) background checks on the people signing (are they really in the position they have signed for?), validate notary commission, and deliver the report with a copy of the investigator’s resume’ and affidavit usually within 3 weeks depending on the complexity of the investigation all for a cost that is very affordable to an already financially strapped homeowner.

Once the investigation is completed you receive a report detailing the criminal violations, signed by a professional, licensed private investigator.   If you get to trial, you can make arrangements to have the PI deposed, under oath, to the Court.

And it doesn’t matter if you have your house or not; if you lost your house through the use of fraudulent documents the “statute of limitations”  it is very possible the statute of limitations will start tolling upon discovery of the fraud.  The report will be the discovery and very possibly is when the clock starts tolling.

Call 1-800-788-2196 today to discuss your foreclosure and getting a criminal investigation completed on your fraudulent foreclosure.  Thanks to Steve for sharing!

KEEP UP THE FIGHT!

Simonee

Simonee@infotofightforeclosure.com

Steve   Skidmore CCO
Endless Fraud Detection Services Corp.
A TEXAS STATE LICENSED PRIVATE INVESTIGATION
COMPANY [LICENSE # A-17660]
steve@endlessfrauddetection.com
(512) 761-1007


 

[1] Unquestionable, indisputable, undeniable, incontrovertible

 

 

 

 

17 Comments

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  1. Thomas

    For any case You have the most of the power a Law, So every one have to right of Law.

    • Gianna

      Borrowing money from a bank is no different from broworing money from an individual.Individuals can lend money to borrowers to buy homes. I’ve done it. They can also lend money to other people for businesses and anything else banks can lend money for.Banks are not special and you can do what they do if you want to take a shot at trying to make money lending. Borrow money and lend it out at a higher rate.Banks do have special access to credit from the government because they fall under certain regulations that require them to maintain a reserve ratio, maintain a proper balance sheet and not to get involved in crazy lending.They did get involved in crazy lending when it came to housing and the government didn’t keep controls tight enough. As a result banks are being taken over by the FDIC. Take a look at the FDIC bank takeover list this year.The government will lend money to banks at a lower interest rate than you can borrow because they are a better credit risk than you. Otherwise, there isn’t much difference.In addition, if a bank is large enough, the government will give it low to no interest loans to keep it afloat if it looks like it is going to go under. Too big to fail . I am against those bailouts. So, that is one large difference between large banks and individuals.

    • Jessiane

      Borrowing money from a bank is no different from boirowrng money from an individual.Individuals can lend money to borrowers to buy homes. I’ve done it. They can also lend money to other people for businesses and anything else banks can lend money for.Banks are not special and you can do what they do if you want to take a shot at trying to make money lending. Borrow money and lend it out at a higher rate.Banks do have special access to credit from the government because they fall under certain regulations that require them to maintain a reserve ratio, maintain a proper balance sheet and not to get involved in crazy lending.They did get involved in crazy lending when it came to housing and the government didn’t keep controls tight enough. As a result banks are being taken over by the FDIC. Take a look at the FDIC bank takeover list this year.The government will lend money to banks at a lower interest rate than you can borrow because they are a better credit risk than you. Otherwise, there isn’t much difference.In addition, if a bank is large enough, the government will give it low to no interest loans to keep it afloat if it looks like it is going to go under. “Too big to fail”. I am against those bailouts. So, that is one large difference between large banks and individuals.The banks lend money or credit? or are you saying that money and credit are the same thing?Are you saying that the bank, when they lend you CREDIT, that they are out of pocket ?

  2. Jack

    I am just now putting together my own major mult-victim FELONY prosecution effort in California. I went ahead and devloped all my pre-trial evidence ahead of time so that there is no way a prosecutor would “back burner” a case, at least I’m doing it. I am a licensed and respected Private Investigator in CA. Simonee may be letting you know more on this site. Good Luck to all in “the fight”.

    • Bea

      I lost my home last May. BofA – Recontrust – and MERS were all involved (at some point). In addition, I was attempting to obtain a loan modification, and unfortunately the woman that was handling my modification was a fraud. Not only was I victimized by the Bank but by an individual that was claiming to be “handling” our modification. I would love to find out if there is time to pursue legal action. Jack – you say you are in California. So am I – this is the first time I have read this type of info and would be interested in learning more about your service. Thank you.

      • Jack

        Bea, I will respond to your request shortly. I just need to converse with Simonee first. At present, due to the tremendous responses I’m expecting, I can only take on BofA victims right now. Your case fits, so hang on there. I will write back later today.

        • Jack

          From CA Find Law: For CA victims:
          CA PENAL CODE: 115. (a) Every person who knowingly procures or offers any false or forged instrument to be filed, registered, or recorded in any public
          office within this state, which instrument, if genuine, might be filed, registered, or recorded under any law of this state or of the United States, is guilty of a felony.
          (b) Each instrument which is procured or offered to be filed, registered, or recorded in violation of subdivision (a) shall constitute a separate violation of this section.
          (c) Except in unusual cases where the interests of justice would best be served if probation is granted, probation shall not be granted to, nor shall the execution or imposition of sentence be suspended for, any of the following persons:
          (1) Any person with a prior conviction under this section who is again convicted of a violation of this section in a separate proceeding.
          (2) Any person who is convicted of more than one violation of this section in a single proceeding, with intent to defraud another, and where the violations resulted in a cumulative financial loss exceeding one hundred thousand dollars ($100,000).
          (d) For purposes of prosecution under this section, each act of procurement or of offering a false or forged instrument to be filed, registered, or recorded shall be considered a separately punishable offense.

          CA PENAL CODE: 132

          132. Every person who upon any trial, proceeding, inquiry, or investigation whatever, authorized or permitted by law, offers in evidence, as genuine or true, any book, paper, document, record, or other instrument in writing, knowing the same to have been forged or fraudulently altered or ante-dated, is guilty of felony.

          • Chisato

            “Why don’t you search it ylroseuf? loljust an ideia”fmmcosta, when someone makes such a definitive statement as “a bank punching holes into a note has invalidated the note”, as Greg Louis has done, they should have specific reasons to justify their statement.I think that this would be very difficult argument to successfully make in court. It implies that a legal definition of “mutilation” of a note has been established. What are legal limits of such a mutilation? What if the corners of the note are frayed or dog-eared? Is that mutiliaton as well?The issue is not how Greg Louis or I define mutilation, but rather what court cases have defined mutilation to be. We can insist on a very strict and narrow definition of the degree to which the damage to a note has invalidated it as a financial instrument, as Greg Louis has done, but the courts are the sole arbiters as to whether such an argument holds weight.So my question remains, has Greg Louis discovered any specific examples in which “hole punches have equaled a free house”, or is he advancing more of a hypothetical argument that can made be towards the courts? If the second is the case, he should have been more clear in his posting that he was advancing a personal opinion/ potential legal argument rather than stating it as a definitive fact.

        • Kouken

          George, your whole argument in this video is riuludiocs.You are basically saying “when the debt is paid off, the note is canceled”. Yes…if you pay your debt, you don’t own the debt any more. But… you didn’t pay the debt. So, it is still owed. It doesn’t matter what happened to the note. You didn’t pay your debt so the debt still exists.Why do you persist in trying to believe you can get out of your debt in some magical way?If you lent someone $400,000 do you think it would be OK for them to just walk off with the money? If you thought they might not pay the debt back and the debt was transferrable and you sold the note associated with their debt to someone else, are they free and clear then?Answer: noYou borrowed the money, you owe it, you should pay it.That is the way to clear the note. Pay the debt off.your post is also riuludiocs. You even think that private lending and public lending are the same thing that’s how misinformed you are.another one talking out of his ass

  3. Jack

    Bea, email me: cagumshoe@aol.com – I am a current litigant, so for now… let’s use this. Please use this in your subject “Bea, from Info To Fight” and that way I’ll know. Tks

  4. Jack

    Anyone reading this post, having success with a criminal prosecution to date? I’d like to hear what others are doing, if it’s working, what the prosecution is doing, etc. Thanks

  5. James

    George when they showed you the orniigal Note in court, do you understand that the two holes at the top of the NOTE is considered to be a mutilation under Title 12 of the banking code? As such, your NOTE is discharged, the Res of the DEED OF TRUST is destroyed, the TRUST is therefore terminated due to unlawful purpose.At no point has the bank ever delivered the loan proceeds to you. You traded a Promissory Note to them for the House, the DEED of TRUST is a hidden investment contract that refers to a loan I have received it doesn’t say for a loan they have given you. There is no lawful money in circulation, only legal money which is are all debt instruments. Since everyone is bankrupt, that leaves only TRUST law and Contract Law as the governing reference of law.I’m not sure what you feel was good about your case being dismissed with prejudice, but is sounds like to me that you have been given the short end of the stick by being told that you cannot re-sue the bank for these same issues.I wish you success in the future but it would be in your best interest to be VERY CAREFUL about suggesting that this result is a good thing in any way shape or form for your seminar attendees.The real issues surrounding the monetization of your loan has to do with the fact that your orniigal Promissory Note ( NOTE ) was converted from a Negotiable instrument into a Nonnegotiable instrument (aka security) thereby destroying the Res of the TRUST, and fully discharging the Obligor (that’s you) of the debt. The NOTE is the Res of the DEED OF TRUST ( TRUST ) and as such the TRUST is rendered inert upon the indorsement with the language PAY TO THE ORDER OF WITHOUT RECOURSE. Just for reference, Trust law governs our commerce due to the fact that we exchange debt instruments as money in your your real estate transactions, that is why there is a DEED OF TRUST document, and as such a TRUST is not required to divulge what is going on behind the scenes. In the same way, Securities are governed by Contract Law, Restatement 2nd. It might be useful for you to look intop these resources so you can see waht is really going on with you purported loan transactions.If you agree to accept a foreclosure judgment, then you are due to have the bank return the orniigal PROMISSORY NOTE and all currency that has been hypothecated by its trading in the open market.If you go to court for a foreclosure, then be sure to ask to have the origianl NOTE entered as evidence into the case and demand that the judge sequester the NOTE for safe keeping during the trial. By doing so this removes the NOTE form trading and although the bank may win the foreclosure, they no longer have ownership of the NOTE and the owe you the orniigal amount of the Note plus hypothecation thereof.

  6. hanover real estate

    I’m not sure where you are getting your info, but great topic. I needs to spend some time learning much more or understanding more. Thanks for fantastic info I was looking for this info for my mission.

  7. TMcShan

    Valuable information. Fortunate me I discovered your site accidentally, and I’m surprised why this coincidence did not happened in advance! I bookmarked it.

  8. Sven Andersson

    You actually make it seem so easy with your presentation but I find this topic to be really something that I think I would never understand. It seems too complex and extremely broad for me. I’m looking forward for your next post, I will try to get the hang of it!

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