by David Dayen
154 “At first I thought it was some kind of joke”: Michael Redman, “The Whole Country Is Bogus—Fabricated Mortgage Assignments All Over the Country,” 4closurefraud.org, February 14, 2010.
154 “Let guilty men remember”: John Webster, “The White Devil, &c.,” quoted in Lisa Epstein, “Black Deeds,” Foreclosure Hamlet, February 14, 2010.
154 A week later, Tom Lyons: Tom Lyons, “Bogus Foreclosure Claim Not Isolated,” Sarasota Herald-Tribune, February 23, 2010.
154 the Wall Street Journal ran a story: Amir Efrati and Carrick Mollenkamp, “U.S. Probes Foreclosure Data Provider,” Wall Street Journal, April 3, 2010.
12. The Revolution Will Be Blogged
156 an anonymous homeowner, “Mark”: Michael Redman, “Bank of America at It Again—Foreclosed on Over 40 Cents?” 4closurefraud.org, February 13, 2010. Story via WINK News, Fort Myers.
156 man facing foreclosure who decided to bulldoze his own home: Michael Redman, “Frustrated Owner Bulldozes Home Ahead of Foreclosure—‘I Wasn’t Going to Stand for That, So I Took It Down,’” 4closurefraud.org, February 21, 2010. Story via WLWT-5, Cincinnati, Ohio.
157 (The winner the first week . . . the line disappeared): Michael Redman, “Foreclosure Fraud of the Week—Poor Photoshop Skills,” 4closurefraud.org, April 8, 2010.
157 One of the first was Sam Antar: Sam Antar, “Advice from a Fraudster—White Collar Crime and Criminals,” 4closurefraud.org, November 27, 2009.
158 a cease-and-desist order on every foreclosure in America: Paul L. Muckle v. United States of America, United States District Court, District of Massachusetts, www.scribd.com/doc/25286279/Paul-L-Muckle-Plaintiff-vs-the-United-States-of-America-et-al
160 Michael posted the complaint: Michael Redman, “All Aboard!!! Class Action Against Deutsche Bank National Trust Company, U.S. Bank National Association, Lender Processing Services, Inc. and DocX, LLC,” 4closurefraud.org, February 24, 2010.
160 the Fair Debt Collection Practices Act didn’t apply to banks: Warren v. Countrywide Home Loans, Eleventh Circuit Court of Appeals, August 14, 2009, 342, Fed. Appx. 458.
161 “Most recently, we have learned that the U.S. Attorney’s Office”: Lender Processing Services, Inc., Form 10-K, February 23, 2010, Item 3, Legal Proceedings, www.getfilings.com/sec-filings/100223/Lender-Processing-Services-Inc_10-K.
162 “Here is the problem with the qui tam”: Complaint and Demand for Jury Trial, Figueroa v. Szymoniak, Seventeenth Judicial Circuit, in and for Broward County, March 14, 2013, 7–8, www.scribd.com/doc/168544786/Figueroa-v-Szymoniak. See also Martin Andelman, “Some of Lynn Szymoniak’s Millions May Belong to Someone Else,” Mandelman Matters (blog), September 16, 2013, http://mandelman.ml-implode.com/2013/09/some-of-lynn-szymoniaks-millions-may-belong-to-someone-else.
164 Unbeknownst to Michael, Carol listed it as her law firm’s website: Profile of Carol Cobourn Asbury, Bar No. 393665, on the Florida Bar website, www.floridabar.org.
165 He recently bought his neighbor’s $8 million property: Andy Kroll, “Fannie and Freddie’s Foreclosure Barons,” Mother Jones, August 4, 2010.
166 She signed as a vice president or assistant secretary of MERS: Deposition of Cheryl Samons, testimony in Deutsche Bank National Trust Company v. Belourdes Pierre, Case No. 50-2008-CA-028558XXXXMB, May 20, 2009, available at http://4closurefraud.org/2010/02/23/full-deposition-of-the-soon-to-be-infamous-cheryl-samons-re-deutsche-bank-national-trust-company-as-trustee-for-morgan-stanley-abs-capital-inc-plaintiff-vs-belourdes-pierre-50-2008-ca-028558-xx. Transcript prepared by Ruthane Machson, J. Consor and Associates.
167 Michael posted the Samons deposition, and so did Matt Weidner: Michael Redman, “Full Deposition of the Soon to be Infamous Cheryl Samons RE: Deutsche Bank National Trust Company, as Trustee for Morgan Stanley ABS Capital Inc., Plaintiff, vs. Belourdes Pierre—50 2008 CA 028558 XXXX MB,” 4closurefraud.org, February 23, 2010; Matthew Weidner, “Widespread Assignment/Notary/Foreclosure Fraud—Deposition of David Stern Employee Cheryl Sammons,” February 22, 2010, mattweidnerlaw.com.
13. The Ninth Floor
168 “It is very possible that one letter”: Lynn Szymoniak, “Mortgage Assignments as Evidence of Fraud,” Fraud Digest, February 9, 2010, available at http://4closurefraud.org/2010/03/07/mortgage-assignments-as-evidence-of-fraud-lynn-szymoniak-esq-editor-fraud-digest.
169 Judge Diana Lewis granted LPS’s motion: Docket report, Deutsche Bank v. Lynn Szymoniak, Clerk and Comptroller, Palm Beach County, accessed 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=.
169 He had won some of the largest awards: Reuben Guttman biography, Emory University School of Law, http://law.emory.edu/faculty-and-scholarship/adjunct-faculty-profiles/guttman-profile.html.
170 the government purchased tens of billions of dollars’ worth: Federal Reserve Bank of New York, “Maiden Lane Transactions,” history and overview, www.newyorkfed.org/markets/maidenlane.html.
170 And the Federal Reserve bought trillions: Press release, Board of Governors of the Federal Reserve System, November 25, 2008, www.federalreserve.gov/newsevents/press/monetary/20081125b.htm.
171 Maybe she could get a prosecution going: Lynn Szymoniak, “Why Wells Fargo Must Be Ordered to Stop Its Foreclosures,” Fraud Digest, October 7, 2010, available at http://4closurefraud.org/2010/10/07/false-statements-americas-servicing-company-lender-processing-services-wells-fargo-bank-n-a.
171 Nettles worked on voting rights issues: Stephanie Woodrow, “Meet William N. Nettles,” Main Justice, January 18, 2010.
173 “The Housing Crisis: Who to Trust and Where to Turn”: Flyer for event, available at http://myfloridalegal.com/webfiles.nsf/WF/KGRG-832RQV/Sfile/Miami-Forum-flyer-English.pdf.
175 Tom Ice obtained Erin’s “Request for Approval of Dual Employment”: 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.
175 Erin Cullaro managed to notarize 150,000 FDLG documents: Matt Gutman and Bradley Blackburn, “Foreclosure Crisis: 23 States Halt Foreclosure as Officials Review Bank Practices,” ABC News, October 4, 2010.
175 Ice Legal also found Erin’s signature in several: 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.
176 FDLG wanted to pretend 150,000 Cullaro affidavits never existed: Wells Fargo Bank v. Donald Needham & Blair Bergstrom, Memorandum in Opposition to Motion for Reconsideration/Rehearing on Non-Parties’ Motion for Protective Order, Case No. 2009-20298-CINS, available at www.scribd.com/doc/28979629/Motion-Substantiated-Allegations-of-Foreclosure-Fraud-That-Implicates-the-Florida-Attorney-General-s-Office-and-The-Florida-Default-Law-Group.
178 9/9/9999: Michael Redman, “I wish that this was MY mortgage, don’t you? DOCX Assignments Effective 09/09/9999,” 4closurefraud.org, March 9, 2010.
178 he posted one of Ice Legal’s court memos: Matthew Weidner, “Bombshell—Substantiated Allegations of Foreclosure/Affidavit Fraud That Implicates the Florida Attorney General’s Office,” Matthew Weidner’s blog, March 26, 2010, available at https://web.archive.org/web/20100328081340/http://mattweidnerlaw.com/blog/2010/03/bombshell-substantiated-allegations-of-foreclosureaffidavit-fraud-that-implicates-the-florida-attorney-generals-office.
178 after Weidner’s release he ran with it, too: 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.
178 Apparently he replaced his wife as FDLG’s expert witness: Michael Redman, “Guess the Money Is Too Good to Pass Up—Introducing the Cullaros New Replacement—Expert Witness for Reasonable Attorneys Fees for FDLG Florida Default Law Group,” 4closurefraud.org,
April 2, 2010.
179 McCollum announced that his office was investigating FDLG: Michael Redman, “Florida Attorney General Bill McCollum Launches Investigations into Florida Default Law Group and Docx, LLC a/k/a Lender Processing Services,” 4closurefraud.org, April 29, 2010. Also Amir Efrati, “Florida Probing Law Firm in Foreclosures,” Wall Street Journal, April 30, 2010.
179 The attorney general also opened: Shannon Behnken and Michael Sasso, “State AG Investigates Its Own,” Tampa Tribune, May 1, 2010.
14. The Rally in Tally
181 legislation to make Florida a non-judicial foreclosure state: James Thorner, “Florida Bankers Move to Dramatically Speed Up the Foreclosure Process,” Tampa Bay Times, January 28, 2010.
182 Non-Judicial Foreclosure Act for Non-Homestead Properties: SB 2270, Florida Senate, 2010, http://www.scribd.com/doc/27382056. Also see Michael Redman, “Florida Legislature—Banksters Propose Taking Foreclosures Out of Court—The Nonjudicial Foreclosure Act for Nonhomestead Properties,” 4closurefraud.org, February24, 2010.
182 Wells’s arbitrary designation of abandonment could end up: Todd Ruger, “An Abrupt Eviction, Narrowly Averted,” Sarasota Herald-Tribune, February 22, 2010.
182 Michael created a mini-site about the legislation: PigsAss.org, available through the Internet Wayback Machine, http://web.archive.org/web/20100701215705/http://pigsass.org.
182–183 “The Bankers have thrown down the gauntlet”: Michael Redman, “Florida Bankers to States Citizens: ‘Bend Over!!! Your Assets Are Mine!!!’ Florida Consumer Protection and Homeowner Credit Rehabilitation Act,” 4closurefraud.org, February 1, 2010.
184 Bruce Marks took a picture with the pig and the banker: Michael Redman, “Updates from 4closureFraud.org Coming Soon LPS, FIS, NACA, PigsAss, Foreclosure Fraud Lender Processing Services, Inc.—Form 10-K—EX-21.1—February 23, 2010 Legal Proceedings et al.,” 4closurefraud.org, March 1, 2010. Photo available at 4closurefraud.files.wordpress.com/2010/02/the-pig-the-banker-and-the-naca-ceo.jpg.
184 Homeowner Relief and Housing Recovery Act: Matthew Weidner, “Bank’s Newest Effort to Take Homes—Turn Florida into a Non-Judicial State,” March 29, 2010, http://mattweidnerlaw.com/banks-newest-effort-to-take-homes-turn-florida-into-a-non-judicial-state.
184 Foreclosure Bill of Rights: HB75, Florida House of Representatives, 2010, www.myfloridahouse.gov/Sections/Documents/loaddoc.aspx?FileName=_h0075__.docx&DocumentType=Bill&BillNumber=0075&Session=2010.
185 They set a date, April 21: Matthew Weidner, “Rally in Tally—Why It Is Absolutely Necessary for You to Come with Us—April 18, 9:00 am,” April 15, 2010, http://mattweidnerlaw.com/rally-in-tally-why-it-is-absolutely-necessary-for-you-to-come-with-usapril-21-900-am. Also Lisa Epstein, “Freedom Ride Circa 2010: A Pilgrimage,” Foreclosure Hamlet, April 15, 2010.
186 While they were planning all this, the bills actually stalled: Florida Senate website archive for SB 2270 shows that the bill was “not considered” in the Senate Banking and Insurance Committee on April 8, 2010; http://archive.flsenate.gov/Session/index.cfm?Mode=Bills&SubMenu=1&Tab=session&BI_Mode=ViewBillInfo&BillNum=2270&Chamber=Senate&Year=2010.
187 “We gotta give credit to the consumer activists”: “Foreclosure: Rally in Tallahassee Florida 2010,” video shot by Cory Luttrell, https://vimeo.com/11293248.
188 “The protection of life and property”: Daniel Webster, The Speeches and Orations of Daniel Webster: With an Essay on Daniel Webster as a Master of English Style (Boston: Little, Brown, 1914), 536.
189 “too easy to protect the consumer”: Michael Redman, “Senator Michael Bennett, You Are the Pig’s Ass,” 4closurefraud.org, April 23, 2010.
189 all of Bennett’s campaign contributions from bankers: Michael Redman, “Bennett 2008 Contributor List,” posted April 23,2010, www.scribd.com/doc/30443023/Bennett-2008-Contributor-List.
189–190 The bill died in the Banking and Insurance Committee: Florida Senate website archive for SB 2270 shows that SB 2270 died in committee in the Senate Banking and Insurance Committee on April 30, 2010; http://archive.flsenate.gov/Session/index.cfm?Mode=Bills&SubMenu=1&Tab=session&BI_Mode=ViewBillInfo&BillNum=2270&Chamber=Senate&Year=2010.
190 Television stations from Pensacola and Tampa Bay: WEAR-TV 3 Pensacola video available at http://4closurefraud.org/2010/04/24/rally-in-tally-wear-3-news-top-stories-video-home-owners-facing-foreclosure-came-to-the-capitol-wednesday-to-drive-a-stake-in-the-heart-of-the-bill; WTSP-TV Tampa video available at www.stayinmyhome.com/media.htm.
190 local radio stations: Michael Redman, “Talk Radio Confirmation for April 23 9am ET Conquering the Stigma of Being in Foreclosure,” 4closurefraud.org, April 22, 2010.
190 print outlets: Alex Tiegen, “Stop Foreclosure Fraud, Homeowners Warn,” Sunshine State News, April 20, 2010; Shannon Behnken, “Controversial Foreclosure Bill Protest Set for Tallahassee,” Tampa Tribune, April 20, 2010; Robert Trigaux, “Foreclosure Candidates Travel to Tallahassee to Ensure Their Day in Court,” Tampa Bay Times, April 21, 2010.
190 “one of the most influential months we have seen”: Michael Redman, “Thank You to All for One of the Best Months in the Foreclosure Fraud Fight,” 4closurefraud.org, April 30, 2010.
15. By Any Means Necessary
191 Rick and Sherry Rought: John Agar, “Family Files Lawsuit Against Bank, Say Newaygo Home Was Unfairly Foreclosed,” Grand Rapids Press, April 27, 2010. Also see Megan Stembol, “Gowen Couple Files Lawsuit Against Deutsche Bank,” WOODTV.com, available at 4closurefraud.org/2010/04/26/trashed-out-deutsche-bank-acts-like-paid-off-home-is-a-foreclosure-broke-down-doors-changed-locks-stole-belongings-along-with-the-home-owners-sense-of-security.
191 Bank of America stole a woman’s pet parrot: Sadie Gurman, “Woman Says Bank of America Wrongly Repossessed Home,” Pittsburgh Post-Gazette, March 9,2010.
191 Glazy and Jose Ruscalleda had two lenders: Glazy Ruscalleda and Joe Ruscalleda v. HSBC, Third District Court of Appeals, Case No. 3D09-997, opinion filed June 9, 2010, available at www.scribd.com/doc/32852281/Glazy-Ruscalleda-and-Jose-Ruscalleda-Appellants-Vs-HSBC-Bank-USA-Etc-Appellee.
191 Keith and Julie Hanover: Nathan Halverson, “Bank Didn’t Admit Error,” Santa Rosa Press-Democrat, July 18, 2010.
191 The note blamed the deaths on an imminent foreclosure: Alexander Sup-gul, “Police: Foreclosure Led to Murder-Suicide,” MyFoxHouston, May 17, 2010, text available at http://stopforeclosurefraud.com/2010/05/19/police-foreclosure-led-to-murder-suicide, video available at https://www.youtube.com/watch?v=JVXMDKAHMZ0.
191 “I don’t have any confidence”: Lynn Szymoniak, “Mass-Produced Affidavits Filed by Foreclosure Firms,” Fraud Digest, April 13, 2010, available at http://thjf.org/2013/01/14/mass-produced-affidavits-filed-by-foreclosure-firms.
192 Activists seethed that government resources were put: “SWAT Team Storms Keith Sadler’s Home in Predawn Raid,” YouTube, posted by user mmflint, May 7, 2010, https://www.youtube.com/watch?v=CfFaW2jINLo. Also see “Updated—Sadler Taken from Foreclosed Home to Wood County Jail,” WTOL News, Toledo, 2010.
192 John Watson, a foreclosure defense attorney: Michael Redman, “Foreclosure Mill Attorney for Marshall Watson or Foreclosure Defense Attorney for Homeowners?” 4closurefraud.org, April 14, 2010.
192 Daily Business Review ran the story: Paola Iuspa-Abbott, “Homeowners Allege Attorney Conflict of Interest,” Daily Business Review, April 22, 2010.
192 A Palm Beach Post writer, Kim Miller: Kimberly Miller, “Activists Heading to Tallahassee to Oppose Non-Judicial Foreclosures,” Palm Beach Post, April 20, 2010. http://www.palmbeachpost.com/money/real-estate/activists-heading-to-tallahassee-to-oppose-non-judicial-589917.html
193 Michael annotated the comment with a GIF: Michael Redman, “Well Well Well . . . Looks like Someone Is Upset—MERS Makes a Comment on 4closurefraud,” 4closurefraud.org, April 24, 2010.
193 Michael then found a private Facebook group: Michael Redman, “DOCX . . . Just Might Want to Be Your Friend,” 4closurefraud.org, April 12, 2010.
194 “What about the message they will send”: James Hagerty, “Mortgage Bankers Association Sells Headquarters at a Big Loss,” Wall Street Journal, February 6, 2010.
194 he characterized Garfield as an Elmer Gantry–Jike figure: Steve Dibert, “Debunking the Gospel of Garfield,” Mortgage Fraud Investigations—Miami, April 7, 2010, https://web.archive.org/web/20101204015419/http://www.mfi-miami.com/2010/04/debunking-the-gospel-of-garfield.
194 “I won’t hold it against Lisa Epstein”: Steve Dibert, “Still No Word from the Garfield Gang About the Garfield Challenge,” Mortgage Fraud Investigations—Miami, April 24, 2010, http://mfi-miami.com/2010/04/still-no-word-from-the-garfield-gang-to-the-garfield-challenge; Steve Dibert, “The Groupies of Brother Neil Garfield’s Traveling Salvation Show Respond,” Mortgage Fraud Investigations—Miami, April 12, 2010, http://mfi-miami.com/2010/04/the-groupies-of-brother-neil-garfields-traveling-salvation-show-respond.
195 the firm’s lawyers claimed she treated them with hostility: Polyana da Costa, “Ice Firm Claims Judge Treats Them with Hostility,” Daily Business Review, July 7, 2010.
195 That day Michael posted Judge Sasser’s financial records: Michael Redman, “Ouch, Thats Gotta Sting—Motion for Disqualification of PBC Judge Meenu Sasser for a $425,063.50 Conflict of Interest Involving Billions upon Billions in Assets,” 4closurefraud.org, June 13, 2010.
195 Though Ice Legal used the equity stock holding to try: Motion for Disqualification of Judge Meenu Sasser, Bank of America v. Paul and Lynn Lawless, Case No. 50-2009-CA-041333XXXX-MB, June 4, 2010, www.scribd.com/doc/32997412/Lawless-Motion-for-Disqualification-of-PBC-Judge-Meenu-Sasser.
195 To some, particularly Steve Dibert, the charges were gratuitous: Steve Dibert, “Florida Homeowners Are Losing the Fight but It’s Not Because of the Banks,” Mortgage Fraud Investigations—Miami, October 18, 2010, https://web.archive.org/web/20101104134951/http://www.mfi-miami.com/2010/10/florida-homeowners-are-losing-the-fight-but-its-not-because-of-the-banks.