by David Dayen
91 Michael started 4closurefraud.wordpress.com: Michael Redman, “Foreclosure Fraud—Guide to Looking Up Public Records for Fraud,” 4closurefraud.org, October 18, 2009.
91 One of his early posts was Nye Lavalle’s report on Scott Anderson: Michael Redman, “PMI Ocwen Anderson Report—Sue First Ask Questions Later,” 4closurefraud.org, October 21, 2009.
91 Living Lies was holding a seminar: Neil Garfield, “Only One (1) Day Left to Pre-Register: Workshops Scheduled for Florida—November 1–2, 2009 Sheraton Sand Key Resort in Sunny Clearwater Beach FL,” Living Lies, October 24, 2009.
7. When Michael Met Lisa
94 “We’re not going to convert you into lawyers today”: Neil Garfield, “Foreclosure Defense—What You Need to Know,” Cameron/Baxter Films, uploaded October 31, 2009, https://www.youtube.com/watch?v=F9L4eRaIxLQ (part 1) and https://www.youtube.com/watch?v=nZ6lPaiKmwg (part 2).
96 “By way of introduction, I am a working mother”: Lisa’s first letter to the Florida Supreme Court, October 7, 2009, http://www.floridasupremecourt.org/pub_info/documents/foreclosure_comments/Filed_10-07-2009_Epstein.pdf.
97 short column in the Sarasota Herald-Tribune by Tom Lyons: Tom Lyons, “Foreclosure Chicanery Not a Funny Lawyer Joke,” Sarasota Herald-Tribune, September 29, 2009.
98 The clerk said the court could accept: Lisa’s second letter to the Florida Supreme Court, October 21, 2009, www.floridasupremecourt.org/pub_info/summaries/briefs/09/09-1460/Filed_10-21-2009_Epstein.pdf.
100 Isaac Dieudonné: Tony Pugh, “Child’s Death Mired in Nation’s Foreclosure Crisis,” McClatchy Newspapers, October 29, 2010.
8. Happy Hours
104 Someone with the name Erin Cullaro was working: Michael Redman, “Scandalous—Substantiated Allegations of Foreclosure Fraud that Implicates the Florida Attorney General’s Office and the Florida Default Law Group,” 4closurefraud.org, March 26, 2010.
104 the almost comically titled U.S. Foreclosure Network: Erin Collins Cullaro, “Is There a Right of Redemption after a Foreclosure Sale in Florida?” U.S. Foreclosure Network, 2006, www.usfn.org/AM/PrinterTemplate.cfm?Section=USFN_E_Update&template=/CM/HTMLDisplay.cfm&ContentID=3885.
104 That was the former name of Florida Default Law Group: “On the Move,” Florida Bar News, September 15, 2005.
108 According to rule 1.420(e): Florida Rules of Civil Procedure, 91, available at http://www.floridabar.org/TFB/TFBResources.nsf/Attachments/10C69DF6FF15185085256B29004BF823/$FILE/Civil.pdf?OpenElement.
108 Chemrock v. Tampa Electric: Opinion from First District Court of Appeals, decided November 17, 2009, https://cases.justia.com/florida/first-district-court-of-appeal/08-4895.pdf
109 “PLEASE TAKE NOTICE that it appears”: U.S. Bank NA as Trustee et al v. Vincent Savoia et al., Circuit Court of the Fifteenth Judicial Circuit in and for Palm Beach County, Florida, Case No. 50-2007-CA-008051XXXXMB.
110 “virtually all paper documents of the note and mortgage”: Comments of the Florida Bankers Association, Florida Supreme Court, Case No. 09-1460, www.floridasupremecourt.org/clerk/comments/2009/09-1460_093009_Comments%20(FBA).pdf.
110 “Typically, the plaintiff in a foreclosure action”: Michael Redman, “Freddie Mac Comments on the Final Report and Recommendations on Residential Mortgage Foreclosure Cases, Florida Supreme Court,” 4closurefraud.org, November 11, 2009.
111 Antonio Ibanez: Jenifer B. McKim, “Ruling Upheld on Sale of Property,” Boston Globe, October 15, 2009.
111 Federal bankruptcy judge Robert Drain: Gretchen Morgenson, “If the Lender Can’t Find the Mortgage,” New York Times, October 25, 2009.
111 Even a bankruptcy judge in Idaho: In re Sheridan, U.S. Bankruptcy Court, District of Idaho, Case No. 08-20381-TLM, March 12, 2009, available at https://livinglies.files.wordpress.com/2009/10/sheridan_decision-idaho-bkr-j-myers.pdf.
9. The Network
113 special delinquent servicing prior to foreclosure: On the Veterans Administration, see the VA Servicer Guide, 59–72, www.benefits.va.gov/homeloans/documents/docs/va_servicer_guide.pdf. For FHA loans, see the U.S. Department of Housing and Urban Development Loan Servicing Guidance home page, http://portal.hud.gov/hudportal/HUD?src=/federal_housing_administration/healthcare_facilities/residential_care/loan_servicing.
113 12 USC 1701x(c)(5): Accessed at the Legal Information Institute, Cornell University Law School, https://www.law.cornell.edu/uscode/text/12/1701x.
114 she had to meet clients in the lobby: Mike Stuckey, “‘Angel’ of Foreclosure Defense Bedevils Lenders,” MSNBC, December 19, 2008, www.nbcnews.com/id/28277420/ns/business-real_estate/t/angel-foreclosure-defense-bedevils-lenders.
115 “nothing-backed securities”: Christopher Ketcham, “Stop Payment!” Harper’s, January 2012; April Charney, “Direct or Indirect, Mortgages Are Flawed,” New York Times “Room for Debate,” October 16, 2012.
117 “The Document Execution team is set up”: Dory Goebel and Chrys Houston, “Department Spotlight: Document Execution,” The Summit (internal newsletter produced by Fidelity National Foreclosure Services) 2, issue 3 (September 2006): 16–17.
117 Max Gardner’s bankruptcy boot camp: Prashant Gopal, “Foreclosure Lawyers Go to Max’s Farm for Edge,” Bloomberg, October 27, 2010. Also Max Gardner’s Bankruptcy Boot Camp website at www.maxbankruptcybootcamp.com.
118 the “show me the note” defense: Kimberly Morrison, “Lawyer’s Foreclosure Defense of ‘Quiet Title’ Faces Tests,” Jacksonville Business Journal, November 20, 2009.
119 twenty hours of pro bono work: Stuckey, “‘Angel’ of Foreclosure.”
119 But an appeals court reversed the decision: Susan Martin, “Lawyer Has Strategy to Fight Foreclosures, and Shares It,” Tampa Bay Times, April 3, 2009.
119 dubbed her “the Loan Ranger”: Richard Wilner, “The Loan Ranger,” New York Post, February 22, 2009.
120–121 Judge Logan threw out all those cases where MERS tried: Mike McIntire, “Tracking Loans Through a Firm That Holds Millions,” New York Times, April 24, 2009.
121 Jurists Engaged in Defending Title Integrity, or JEDTI: Randall O. Reder, “JEDTI,” Reder’s Digest (blog), www.redersdigest.com/jedti.html.
121 Matt Weidner started his own, in July 2009: Available at http://mattweidnerlaw.com/latest-news/blog.
122 “Corruption County”: “Is Palm Beach County Ready to Retire Its ‘Corruption County’ Reputation?” Palm Beach Post, March 22, 2015. Also Hector Florin, “Palm Beach: The New Capital of Florida Corruption,” Time, January 10, 2009.
123 going all the way to appellate court, and Ice Legal won: Vidal v. SunTrust Bank, Fourth District Court of Appeals, Florida, No. 4D09-3019, opinion issued August 4, 2010, www.4dca.org/opinions/Aug%202010/08-04-10/4D09-3019.op.pdf.
124 She swore that she had never visited Lee County: Kimberly Miller, “Local ‘Robo-Signer’ Alleges Her Signatures Were Forged,” Palm Beach Post, April 19, 2011.
124 made numerous paragraph 22 defenses: Greg Stopa, “Understanding the Paragraph 22 Argument,” Stopa Law Firm, January 30, 2013, www.stayinmyhome.com/understanding-the-paragraph-22-argument.
125 Johnson-Seck turned up in a case thrown out by Brooklyn judge Arthur Schack: Deutsche Bank National Trust Company v. Ramash Maraj, Supreme Court of New York, Kings County, No. 25981/07, decided January 31, 2008, accessed at http://stopforeclosurefraud.com/2010/03/26/nysc-judge-schack-takes-on-robo-signer-erica-johnson-seck-deutsche-bank-v-maraj-1.
125 She stated that she had authority to sign for MERS: Testimony in IndyMac Federal Bank v. Israel A. Machado, Case No. 50-2008-CA-037322XXXXMB, Erica Johnson-Seck deposition taken July 9, 2009, accessed at http://4closurefraud.org/2009/11/15/full-deposition-of-the-infamous-erica-johnson-seck-re-indymac-federal-bank-fsb-plaintiff-vs-israel-a-machado-50-2008-ca-037322xxxx-mb.
126 But the judge sided with Ice Legal: Robbie Whelan, “Foreclosure? Not So Fast,” Wall Street Journal, October 4, 2010.
127 Lisa Cullaro’s signatures looked off as well: Michael Redman, “Scandalo
us—Substantiated Allegations of Foreclosure Fraud That Implicates the Florida Attorney General’s Office and Florida Default Law Group,” 4closurefraud.org, March 26, 2010.
127 “in complete disregard of the truth”: Michael Redman, “Full Deposition of the Infamous Erica Johnson-Seck,” 4closurefraud.org, November 15, 2009.
128 Matt republished the Erica Johnson-Seck deposition on his site: Matt Weidner, “IndyMac Bank Fraud—Deposition of Employee that Proves It All!” January 5, 2010, http://mattweidnerlaw.com/indymac-bank-fraud-deposition-of-employee-that-proves-it-all.
128 “In the vast majority of cases where these documents are produced”: Matt Weidner, “Part III—MERS, Foreclosure Fraud and Document Mills,” January 8, 2010, available at http://wordspy.com/index.php?word=robo-signer.
128 the term “robo-signing”: Shira Ovide, “Just Where Did the Term ‘Robo-Signer’ Come From, Anyway?” Wall Street Journal, October 21, 2010.
128 First FDLG denied requests for communications: Court documents available at Redman, “Scandalous.”
10. The Specialist
130 Nilly Mauck: “‘Trashed Out’ Las Vegas Woman Victim of Foreclosure Mistake,” Channel 8 News Now, Las Vegas, December 21, 2009, available at http://4closurefraud.org/2009/12/21/trashed-out-las-vegas-woman-victim-of-foreclosure-mistake.
130 another man who claimed the same thing: “Another Person Claims Theft in Foreclosure Mistake,” Channel 8 News Now, Las Vegas, December 26, 2009, available at http://4closurefraud.org/2009/12/26/trashed-out-another-person-claims-theft-in-foreclosure-mistake.
130 $5,000 as compensation for everything she owned: “Attorney Claims Woman Is Inflating Her Loss in Foreclosure Mix-Up,” Channel 8 News Now, Las Vegas, December 26, 2009, available at http://4closurefraud.org/2009/12/23/trashed-out-attorney-claims-woman-is-inflating-her-loss-in-foreclosure-mix-up.
130 The Horoskis of East Patchogue: Carl McGowan, “Lender Admits Foreclosure Letter Sent in Error,” Newsday, December 18, 2009.
131 Wells Fargo (the holder of the first mortgage) suing Wells Fargo: Al Lewis, “Wells Fargo So Big It’s Suing Itself,” Dow Jones Newswire, July 11, 2009. Also see Angie Moreschi, “Have the Banks Gone Crazy? Wells Fargo Sues Itself,” Consumer Warning Network, July 2, 2009.
131 Before Christmas, Citigroup made a big announcement: “CitiMortgage and CitiFinancial Announce National Foreclosure Suspension Program to Help Distressed Homeowners During the Holiday Season,” Citigroup press release, December 17, 2009.
131 this affected only four thousand loans: Matt Weidner, “Citi Suspends Foreclosures: Will/Should Other Lenders Follow Suit?” December 21, 2009, http://mattweidnerlaw.com/citi-suspends-foreclosures-willshould-other-lenders-follow-suit.
131 created a banker version of the Whack-a-Mole game: BBC News, “Bankers ‘Whacked’ in Arcade Game,” December 13, 2009. Also see Michael Redman, “‘Whack a Bankster’ Game Is a Hit,” 4closurefraud.org, December 15, 2009.
131 “I am working until the wee hours”: Lisa Epstein, “Granted? Funding Is Hard to Come By!” Foreclosure Hamlet, December 19, 2009.
131 “More and more each day I stare blankly”: Lisa Epstein, “The Last Day of a Difficult Year,” Foreclosure Hamlet, December 31, 2009.
131 “Happy New Year Banksters!”: Michael Redman, “Happy New Year Banksters,” 4closurefraud.org, January 1, 2010.
131 “An Officer of Too Many Banks”: Lynn Szymoniak, “An Officer of Too Many Banks,” January 14, 2010, www.scribd.com/doc/25266216/An-Officer-of-Too-Many-Banks.
132 On March 8, 1971, antiwar activists: Betty Medsger, The Burglary: The Discovery of J. Edgar Hoover’s Secret FBI (New York: Random House, 2014).
133 In January 2014 the perpetrators finally revealed their role: Mark Mazzetti, “Burglars Who Took on FBI Abandon Shadows,” New York Times, January 7, 2014.
136 Lynn hired her ex, Mark Cullen, as her lawyer, and they attempted: Deutsche Bank v. Lynn Szymoniak, Case ID 502008CA022258XXXXMB, July 22, 2008, available at http://courtcon.co.palm-beach.fl.us/pls/jiwp/ck_public_qry_doct.cp_dktrpt_frames?backto=P&case_id=502008CA022258XXXXMB&begin_date=&end_date=.
137 Deutsche Bank didn’t yet own the loan over which they sued her: Assignment of Mortgage for Lynn E. Szymoniak, Public Records of Palm Beach County Clerk of Circuit Court, book 22918, pages 1029–30, CFN #20080386764.
138 American Home Mortgage Servicing acquired Option One: “Company Overview of Option One Mortgage Corporation,” Bloomberg News, www.bloomberg.com/research/stocks/private/snapshot.asp?privcapId=951370.
138 She found that Korell Harp was charged with identity theft: “Federal Grand Jury Criminal Indictments Announced,” press release, U.S. Attorney’s Office, Eastern District of Oklahoma, January 14, 2009, www.fbi.gov/oklahomacity/press-releases/2009/oc011409a.htm.
139 Korell Harp was in state prison in Oklahoma: State of Oklahoma v. Harp, Korell Rashaud, filed September 12, 2008, Pittsburg County, OK, No. CF-2008-00394, http://www1.odcr.com/detail?court=061-&casekey=061-CF++0800394. The charges were later dropped when the arresting officer was found to have made racist comments about Harp and his companions. Omer Gillham, “Racist Comments Oust Officer,” Tulsa World, February 21, 2009.
139 What she found there wasn’t the allonge: Palm Beach County Public Records, book 19933, page 1827, http://oris.co.palm-beach.fl.us/or_web1/details.asp?doc_id=15519163&index=0&file_num=20060092890.
140 She was vice president of at least a dozen: Lynn Szymoniak, “Who Is Linda Green?” Housing Justice Foundation, December 12, 2012, http://thjf.org/2012/12/12/who-is-linda-green; Lynn Szymoniak, “Docx Fabrications and Forgeries—Comparing Signatures and Titles on Mortgage Documents,” January 19, 2010, available at 4closurefraud.org.
142 In the last week of 2009 Fraud Digest featured articles: Lynn Szymoniak, “Docx Mortgage Assignments Filed in Palm Beach County, FL (A-H),” Fraud Digest, n.d., available at http://thjf.org/2012/12/21/docx-mortgage-assignments-filed-in-palm-beach-county-fl-a-h.
142 in a separate Fraud Digest article: Lynn Szymoniak, “Too Many Jobs,” Fraud Digest, January 19, 2009, available at http://4closurefraud.org/2010/01/27/too-many-jobs-linda-green-tywanna-thomas-korell-harp-and-shelly-scheffey.
142 DocX . . . was supplying felonious evidence: Szymoniak, “Who Is Linda Green?” (also provides Linda Green signature samples).
11. Black Deeds
145 “Interested person, Lisa Epstein, will appear”: Notice of Hearing, U.S. Bank NA as Trustee et al. v. Vincent Savoia et al., Circuit Court of the Fifteenth Judicial Circuit in and for Palm Beach County, Florida, Case No. 50-2007-CA-008051XXXXMB.
145 by this time he had cross-posted a number of her Fraud Digest articles: Lynn Szymoniak, “Docx Fabrications and Forgeries—Comparing Signatures and Titles on Mortgage Documents,” January 19, 2010, 4closurefraud.org; Lynn Szymoniak, “Too Many Jobs,” January 27, 2010, 4closurefraud.org.
147 the class action translated into a $4 million rate rollback: Linda Chiem, “AIG to Pay $4M in Workers’ Comp Class Action Settlement,” Law360.com, September 17, 2012.
147 damages were limited to $1,000 per plaintiff: 15 U.S.C. § 1692k(a)(2)(A), available at https://www.law.cornell.edu/uscode/text/15/1692k.
147 case law made it impossible to get a RICO class certified: Donald R. Frederico, “Class Certification in RICO Fraud Cases,” 2004, 26, www.mwe.com/info/pubs/rico.pdf.
148 “American Home Mortgage Acceptance, whose address”: Assignment of Mortgage, Nassau County Clerk of Circuit Court, book 1592, page 444, available at http://4closurefraud.org/2010/02/10/beyond-bogus-docx-assignment-of-mortgage-bogus-assignee-for-intervening-asmts.
150 the clerk of courts even entered the grantee as “BOGUS ASMTS”: Michael Redman, “Beyond Bogus—DocX Assignment of Mortgage—Bogus Assignee for Intervening Asmts,” 4closurefraud.org, February 10, 2010.
151 he produced a five-part series: Damian Figueroa (DinSFLA), YouTube channel, “Foreclosure Fraud,” https://www.youtube.com/watch?v=LoSPTjd_PXM, https://www.youtube
.com/watch?v=SD6XUboT1JM, https://www.youtube.com/watch?v=uo1-TKj2lMw, https://www.youtube.com/watch?v=B—b7txbiKY, and https://www.youtube.com/watch?v=hn-5KN_vvMw, uploaded February 4, 2010.
151 “Looks like DocX’s ‘art department’ forgot to change the wording”: Redman, “Beyond Bogus.”
151 “Wait . . . there is more. INCREDIBLE”: Redman, “Beyond Bogus,” comment from user DinSFLA.
151 “I am going to show you something”: Damian Figueroa (DinSFLA), YouTube channel, “Foreclosure Fraud MERS, LPS . . . BOGUS ASSIGNMENTS . . . Are You Kidding Me DocX???” uploaded February 10, 2010, q
152 Michael posted a new story: Michael Redman, “Enough Is Enough! DocX Assignment of Mortgage—Bogus Assignee for Intervening Asmts All Over the Public Records,” 4closurefraud.org, February 10, 2010.
152 Karl Denninger picked up the story: Karl Denninger, “How Far Does It Go Before Indictments Issue?” FedUpUSA, February 10, 2010, www.fedupusa.org/2010/02/how-far-does-it-go-before-indictments-issue.
153 “prevent the wasting of judicial resources”: Supreme Court of Florida, “In Re: Amendments to the Florida Rules of Civil Procedure,” Case No. SC09-1460, and “In Re: Amendments to the Florida Rules of Civil Procedure—Form 1.996 (Final Judgment of Foreclosure),” Case No. SC09-1579. February 11, 2010, available at http://4closurefraud.org/2010/02/11/supreme-court-of-florida-in-re-amendments-to-the-florida-rules-of-civil-procedure.
153 “well-reasoned arguments”: Jennifer D. Bailey, “Response of the Task Force on Residential Mortgage Foreclosure Cases to Comment Accepted as Timely Filed,” October 26, 2009, www.floridasupremecourt.org/pub_info/summaries/briefs/09/09-1460/Filed_10-26-2009_Task_Force_Response_To_Epstein.pdf.
154 Tami and Vincent Savoia could move back in: Circuit Court of the Fifteenth Judicial Circuit in and for Palm Beach County, Florida, U.S. Bank NA v. Vincent Savoia, hearing before the Honorable Judge Meenu Sasser, February 12, 2010, 11:05–11:19 a.m., Case No. 50-2007-CA-008051, transcript prepared by Kristina McCollum, J. Consor and Associates.
154 “Happy Valentines Day America!”: Lisa Epstein, “Happy Valentines Day America! This Is for You!” Foreclosure Hamlet, February 12, 2010.