Computerized Robo-Signing: Is Green Tree Servicing Taking Robo-Fraud to a Whole New Level?

Never let it be said that where there is big money invested, there won’t be crooks in the kitchen.  It doesn’t matter how big you are there’s always a short cut that can that can potentially create more wealth – if you don’t get caught.

An investigator in the northwest uncovered just such a scam – so big that authorities claim it needs multi-state attention. It appears Green Tree Servicing has been flying under the radar and was hardly noticed until a recordation research team began uncovering similarly signed documents – yup, the old robo-signed Assignment of Mortgage trickery again… but this time new and improved via computer, maybe for speed and precision, ya think?

It appears the signatures are in the computer – no dummies needed to sign – just fill in the blanks and push the buttons (as if that wasn’t committing an unlawful act)… “Who, me?  I just filled in the information and pressed print…” Why bother to use humans when computers will do just the same… and what are they going to do – arrest or sue the computer?”  How about the programmer or the button pusher or the boss?!

Take a look at a sampling of the Green Tree Servicing documents recently collected and ripe for forensic examination:Compare to:

Compare to:

If you’ll look closely at Derrick White‘s signatures – you’ll notice they are identical – nifty trick, yeah?  But it gets even better. Take a look at the Florida notary, “MA” for Miranda Avila.  Check out these “notarized”??? documents:

Not much different between these documents except the loan numbers. Can you believe the signatures?! Can you see any difference at all?

If you will remember the Brian J. Bly robo scandal where he signed with just a “B”, it was determined that Florida law says: “Once commissioned, the notary must sign precisely as commissioned by the state of Florida, in the exact name appearing on your notarial commission certificate.”  Naughty Miranda – surely she knows better – but do the powers that be at Green Tree? Or do they care?

And just “Whois” Green Tree Servicing?

The New York Times wrote that Green Tree was once part of the insurance giant Conseco, which bought the company, then a mobile-home lender, for $6.4 billion in 1998.

Loan losses at Green Tree, in addition to other missteps, drove Conseco to file for bankruptcy in 2002.

Green Tree was sold in 2003 for $850 million to the private equity firms Cerberus Capital ManagementFortress Investment Group and J.C. Flowers.  Another private equity firm, Centerbridge Partners, bought Green Tree for an undisclosed price in 2007.

More recently in 2010, Walter Investment Management agreed to acquire Green Tree Credit Solutions, a loan servicer, in a deal valued at more than $1 billion – and guess who put this deal together?  Answer according to Bloomberg:  Morgan Stanley. Green Tree has about $175 million of annual earnings before interest, taxes, depreciation and appreciation. Walter Investment planned to issue 1.8 million shares of common stock to the privately held Green Tree and assume $20 million of its debt. Walter Investment also planned to issue $765 million of new debtCredit Suisse and Royal Bank of Scotland are financing the new debt. Do TARP deals come to mind?

Okay AGs – this is what happens when you make weak deals. There are thousands of documents just like the ones above thumbing their noses at you, at the expense of American homeowners and taxpayers.

Lawsuits, like BROCK v. GREEN TREE SERVICING, LLC, et.al. (Ky 2008) have found that “a genuine issue of material fact exists as to whether GreenTree retained its right to sue when Centerbridge acquired an ownership interest in Green Tree.” Obviously, Green Tree is just another litigious servicer with a lot of new tricks.

And it looks like Berglind et al v. White et. al. (July 2012 - South Carolina District Court) has named Derrick White among the Defendants including Green Tree Servicing and Mortgage Electronic Registration Systems, Inc.

(Ed. note: Wonder if Berglind knows that there is a difference between MERS and MERS®, yet?). No doubt there are, and will be many more lawsuits.  So, if you find Green Tree Servicing has entered your world, give a local foreclosure defense attorney a call.  Post your Assignment of Mortgage documents – the more the merrier, so other folks can compare signatures and compile data for the courts.

And if you are a state recordation office, AG or state legislator – time to take a sweep through your land records from 2008 – present… You’ll see Sand Canyon to Green Tree (yes, after Sand Canyon was closed), lots of Mortgage Electronic Registration Systems, Inc. (acronym “MERS”) to Green Tree, Aurora, Bank of America  the same old players and progression.

Centerbridge Partners Links to  President’s Council on Jobs and Competitiveness

An interesting note:  Mark T. Gallogly is a member of the President’s Council on Jobs and Competitiveness and is Cofounder and Managing Principal of Centerbridge Partners. Centerbridge is an investment firm with over $15 billion of assets under management. The firm is focused on private equity and credit investing. Prior to founding Centerbridge in partnership with Jeffrey H. Aronson in October 2005, Mr. Gallogly was with the Blackstone Group for 16 years. At Blackstone, he was most recently a senior managing director, the head of private equity and a member of the firm’s management committee and the private equity group’s investment committee.

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31 thoughts on “Computerized Robo-Signing: Is Green Tree Servicing Taking Robo-Fraud to a Whole New Level?

  1. Electronic signature machines are even used by our President. So what! Apparently, these types of machines are being also used for signing the notes and allonges. So what!

    I have heard that the Steve Nagy signature(s) were allegedly also done using an electronic signature machine. The concern is the number of variations of his signature — squiggle versus stamp-like and never his full name. Nagy had worked for New Century and its subsidiary Home123 Corp, now still in bankruptcy in Delaware since 2007.

    What laws are broken when an electronic signature machine is used? In my opinion the judges do NOT care if an electronic signature machine was used. The judges merely see the borrower owes money on the loan and is not paying.

    Recently this year President Obama used an electronic signature machine to sign a bill into law while he was in Europe.

    So what if these documents were signed by the usage of an electronic signature machine.
    Show us the laws which are broken because of this.

    The courts do not care.

    Another area of bigger concern is that these digital signatures, as an example Steve Nagy, are being applied to documents years after that person has left the employment of the company which is ‘assigning’ the document.

    It does not make sense, but I have also heard that there were power of attorneys given to other firms to continue’signing’ for say like a Steve Nagy. But shouldn’t the document then be signed by a person using his or her real name and then a stamp applied which says ‘attorney in fact’??? This power of attorney to sign Steve Nagy was told to someone by attorneys who represent the bankruptcy trustee in the New Century bankruptcy. Sounds like a crock to me.
    The bankruptcy trustee Alan Jacobs has also testified under oath at a hearing that after he became the appointed bankruptcy trustee in the matter in August of 2008, nobody should be signing Steve Nagy’s name!!! The transcript is in Pacer and was done in the spring of 2012.

    But again, the judges do not care.

    • Oh what a terrible web you weave, when first you set out to deceive. Greentree Servicing employees at the top are all X government workers that went from Government, to Bank of America then to greentree.One of their best employees had to pay fines for SEC fraud. Well the time has come for hard working ethical Americans to finally see that JUSTICE does prevail.

      • And speaking of New Century… Study this closely and think Fraudulent Concealment. NC filed bankruptcy on April 2, 2007. If you have a New Century mortgage and got an assignment after that date to some unknown trust dated prior to 2007, chances are New Century sold your loan to an investment bank or Wall Street warehouse and the loan NEVER got properly transferred after that; BECAUSE New Century had agreements with a subsidiary it owned (NC Capital) where it transferred loans in a simultaneous (during your loan origination) loan procurement to securities scheme to an investment bank seller, like Lehman Brothers Bank.

        The loan sale never got recorded beyond that point. Why? Maybe because public opinion of Wall Street was single digit low and Wall Street feared people would rescind their loans? Ever notice that Servicers do the modification dance until after the 3-year right of rescission is up?

        Stay tuned. We’ll be doing a full exposé – and provide an offense play because there are contract documents to establish the simultaneous loan procurement to securities scheme – and in particularly in the case of New Century – it appears the “lender” was also (at the same time) a servicer/seller and that (case law supports) may have created an agent relationship with the homeowners.

        Trusts will say they are just performing a ministerial function by filing assignments several years after the trust closed… But bankruptcy attorneys have agreed – if NC sold the loan prior to the commencement of the bankruptcy – it is not property of the estate; and any agreements, including MERS (whose membership, etc. was terminated by the NC bankruptcy court) would have no right to allege NC had anything to do with said assignments or LPOAs created after April 2, 2007 without a specific NC bankruptcy court order. AND if the loan had already been sold (and you never got notice by the NC bankruptcy) the bankruptcy court would not have jurisdiction to enter an order regarding your property. If the trusts try to claim NC had an “intent” to sell the loan to the trust – too damn bad – because whoever NC sold it to failed to follow through.

        Think of it this way. You sell your house to Joe and agree he will build a fence between the property and your neighbors. The sale is complete. Joe and the neighbors agree there is no need for a fence – you cannot force Joe to build an unwanted fence because you no longer own the property. In addition – you died. Case closed. Stay tuned more to follow.

      • All well and good save for the fact that there was a group of California notaries employed by New Century thru 2007 who were notarizing assignments that entire year. I have an affadavit from the notary who did my assignment. And my assignment is executed several months after they (NC) declared bankruptcy in April 2007.

        All that after NC tried to say my loan was sold to Chase in 2006.

        AND — it was NC which sent the assignment to the county recorder and asked for it to be mailed back to them after recordation! June 2007.

        ALSO –the ABS trust my loan supposedly went into – the cutoff date was April of 2006!!

        So what do you say about that?

        No bkr order lifting the stay to assign my note/deed (as my assignment states).

      • Think about the Fraudent Concealment issue. If you pulled your case file from the bankruptcy trustee -let’s review the documents. The clock likely started ticking when you received the docs. There should have been Flow Mortgage Loan Agreements in the file.

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  3. Judges will be made to care. These are issues of forgery, which is a crime. The crime of forgery is defined in the criminal code of every state. Please, look it up in your state. Here is relevant language from one of the states in which I practice:
    943.38  Forgery.
    (1) Whoever with intent to defraud falsely makes or alters a writing or object of any of the following kinds so that it purports to have been made by another, or at another time, or with different provisions, or by authority of one who did not give such authority, is guilty of a Class H felony:
    (a) A writing or object whereby legal rights or obligations are created, terminated or transferred, or any writing commonly relied upon in business or commercial transactions as evidence of debt or property rights; or
    (b) A public record or a certified or authenticated copy thereof; or
    (c) An official authentication or certification of a copy of a public record; or
    (d) An official return or certificate entitled to be received as evidence of its contents.

    I propose that the judges care very much. They are often well aware that the issue is devastating to the foreclosure claimant and the attorneys producing the forged evidence.
    This is why they pretend that they don’t “care.” They have a duty to refer crimes being committed in their courts to the appropriate law enforcement agency: US Marshall, FBI, Secret Service, State AG criminal division, county sheriff, etc. If you really want them to “care,” use the right word–forgery. You will see them turn on the homeowner and homeowner’s counsel as if they are enemies of the state, just to protect the established judicial debt collection scheme. And then you will know–the judges are in on the racket and have known about the forgeries for a very long time–long before you figured it out.

    • Dear Attorney Wendy Alison Nora:
      I have used the words ‘forgery’ and cited the California codes for forgery of instruments etc. and the federal bkr judge says he does not see a crime.

      I believe I was an early poster, on various other blogs, on how the federal judges retirement plans
      are heavily invested in bank stock and in MBS & ABS, not to mention derivative financial products. The other federal employees like FBI, Justice Dept., OCC etc.—same thing.
      In California, the state judges, DAs, Sheriffs, Police, county court employees etc.—-same thing.

      So they are merely protecting their retirement plans. Too bad for the homeowner-borrowers who
      are not able to pay the mortgages. If one wins in court, then many could also win.

      I do not think judges are referring to the appropriate law enforcement agency.

      • Dear Abby in CA,
        I agree with you. Note the irony in these sentences:
        “If you really want them to ‘care,’ use the right word–forgery. You will see them turn on the homeowner and homeowner’s counsel as if they are enemies of the state, just to protect the established judicial debt collection scheme. And then you will know–the judges are in on the racket and have known about the forgeries for a very long time–long before you figured it out.”
        It is not a matter of the homeowner not being able to pay. It is a question of to what entity the payment should be made. Forged documents do not create a debt obligation.
        It is not the criminals the judges want to throw the book at, it is we, the messengers. That does not mean that we can stop telling the truth, however. It is necessary that people come to realize that the entire monetary system consists of unpayable debt. The biggest secret in the nation is being revealed: almost all of the residential mortgage debt has already been paid–by TARP. Only the banks are now in debt and they are in debt to each other.
        Blessings.

      • Amen…and here is a big new hint if you want to pursue….all the refis done around that timeframe (2006-2007 etc.) those notes were never really paid off…they were merely modifications….but made to look like refis.
        and even in my case there was something filed in the county recorder to make it ‘appear’ the prior loan was paid off during the refi….but that is not the case…and the prior bank will NOT give me my prior note marked paid in full!! they have given me every excuse in the book.

        Historically, when I sold a home or did a refi…I always got the original note backed marked paid in full. not this last time.

        this needs to be investigated….but I’m sure nothing will be done. It is true.

  4. What nonsense. No one is claiming that the mortgagee did not borrow the money and promise to pay it back. Sorry some made a bad deal but it is the deal that they made. I paid “above market” interest for many years on a 30 year fixed because I didn’t want to take the risk of a floating rate loan. I am frosted by people who took advantage of floating rate loans and now claim that they are somehow the victims and can walk away from their obligations. What has happened to people believing that they must do what they agreed to do. Mortgagees getting out of their obligations, and indeed looking for windfalls, is nonsense.

    • “If you knew or suspected you were participating in a Ponzi scheme, would you continue to participate? Or would you call an attorney, the FBI and/or the DOJ? And if you did continue to participate would you be aiding and abetting an illegal activity?”

      John – First, we need to look at this securitized mortgage Ponzi scheme much like the Enron scandal. The theories and platform are the same. Wall Street took mortgages, like Enron took California electric and turned America’s core value necessities into a casino. It has already been proven that the housing appraisals were inflated (see THE SUCKER PUNCH) For detailed information read the Complaints linked in the posts.

      Then we need to examine the fraudulent LIBOR rates – which induced the borrower with low rates to contract/mortgage with a promise that if they kept up their credit score they could refinance at a lower rate and long term 30 years. Most homeowners kept their end of the bargain – it turned out to be the banks that could not perform because the investors had begun suing them for fraud, the banks had no more credit and they wrote more loans (in this scheme) than they can legally hold. The banks caused the collapse of the economy – a plight that is much worse than what we are being told in the political spin machines.

      Fraud is defined by the courts as when you induce someone with trickery, that you know is false – a trick, and cause them to rely upon the fabrication as if it were real to the point that the victim (or any rational person) would take an action he might not otherwise have done – had he known the truth, that would eventually result in injury or damage. This appears to be LIBOR.

      With that thought in mind think about this: If some banker sold you his car that turned out to be an overpriced lemon, he knew it was a lemon but he told you it was the greatest car he had ever owned and even produced a piece of paper that had fabricated an inspection with an appraisal, you believed the banker because he was going to finance the loan for the car (he was personally selling to you) with a really low short term LIBOR rate, and he told you that you could refinance in a couple of months to a permanent long term lower rate if you made the payments for 6 months, and you give him $5000 downpayment and signed the loan agreement;

      Then the car’s engine immediately starts overheating and you pay for expensive repairs, you find out that the banker’s inspection was fabricated, the short term loan (that you made all the payments on) ends with a balloon and you try to refinance the balloon – only to find out that the car is worth less than you owe and no one will lend to you – not even the banker who sold you his car.

      Then the banker tells you if you skip a couple of payments he can qualify you for this “government auto assistance program”… So, you don’t want to skip the payments but you can’t pay the balloon so you trust the banker and miss 2 payments and the banker repossesses the car. You try to make up the payments you missed – but the banker won’t take your money and then he sells your car to someone else.

      You are out your downpayment, all the payments that you made, the cost of the repairs and the cost of a lawyer because the banker is suing you for defaulting on your loan and garnishing your wages…

      That scenario above is the same thing that is happening to homeowners and their mortgages all over the country – only the mortgage paperwork has a lot more fraud. To answer your question – no one is looking for a windfall – but everyone is looking for justice and it’s hard to find when you are dealing with criminal minds – and judges, as well as Congressional and state legislators who are protecting their Dealers who supply them with the drug they cave the most…money.

      If you don’t understand what happened – you should watch Enron: The Smartest Guys in the Room… the same platform concept as the securitized mortgage Ponzi scheme – only the MBS Ponzi is several TRILLION time$ larger.

      • Great film. Thanks for sharing. One can see the vast similarities between the Enron strategies and the Federal Reserve and its central banks….QE3, etc.

  5. Remember that legal actions are about leverage as well as the law. If you do your duty as a U.S. citizen and report a felony forgery in your pleadings, the Court and judge then take on the onus of prosecuting or protecting. If they protect instead of prosecute, and the evidence is overwhelming they abused their discretion, they jeopardize their judicial immunity and may be included in the charges as an accessory after the fact. Attorneys don’t think of this because it makes them a pariah and essentially ends their career in law. But if you don’t raise the penal code in your pleadings and state you are reporting a possible felony, this avenue of defense is unavailable to you.

    • Elexquisitor,
      I agree now, from personal experience, that identifying the elephant in the room–that the documents upon which homes are being foreclosed are almost uniformly forgeries–may be a “career ending” act, but, from my point of view, that is not why lawyers did not plead the ultimate fact that the notes and mortgage assignments are frequently forgeries earlier in this “Foreclosure Crisis” which is really an attack on the Rule of Law. It took a great deal of research into all possible alternative explanations for the “suspicious” documents until the inevitable conclusion arose. Lawyers know that crimes must be proved beyond a reasonable doubt, so all reasonable doubt have to be investigated. The homeowner’s defense against forged documents submitted to the court as evidence of the foreclosure claimant’s right to the remedy of foreclosure is not that
      a crime has been committed. The defense is that forged evidence cannot be the basis for a civil judgment, the attempt to rely on forged evidence is “unclean hands” and foreclosure or equitable assignment of a mortgage, as equitable remedies, cannot be granted to a party with unclean hands.
      Frankly, at this point, the defense of homeowners is so stunningly obvious that all the courts can do when confronted with the evidence of forgeries is to attack the messengers–homeowners and their lawyers. This is done out of fear because millions of homes have already been confiscated. We must not stop raising the forgery issue, however. If we do not raise the issue when it is warranted by the evidence, we will be complicit in the crimes being committed against our nation. Some of us will be silenced initially,
      but “facts are stubborn things.”

  6. ‘They’ on Wall Street, created 450+ Different kinds of Loans to steal our wealth and ultimately our homes and way of life…and now they lie about it, and sometimes get away with it, but its catching up to them.

    I suspect that the so called ‘wet ink’ notes they claim to possess are in actuality the sae thing..electronically e signed ie Forgeries. Only a forensic examiner can tell, theyre hard to come by these days. No note, no case. Just a hunch.

    Tar and Feather Banksters for appetizers, later cured on a rope for my entree, after a hearing of course.

    • Bill,
      That is the core of the problem, isn’t it? No note, no case.
      Where are the original notes? Many were destroyed early in the process of scanning the notes into the central data bases. Others are in storage. The collateral files will often show that “wet ink” or not, the endorsements meet the definition of forgery. Images of the notes are being traded internationally for reasons I have not yet figured out, except that it appears to have something to do with the endless derivative bets, long after the homes have been illegally confiscated. We are just not getting the notes returned after foreclosure or bankruptcy discharge. Why not? I believe that the notes and images of the notes are being used as the foundation of the counterfeit derivative currency supply.

      • The banks patented every step. In the USTPO office there are thousands of patented schemes that identify the shadow banking, as if to legitimize the system. Many researchers feel that there is so much debt ($600 TRILLION+ / see It Takes a Pillage by Nomi Prins) that they have to continue trading to maintain cash flow. They are even rolling occupied foreclosed properties into short term bonds. Congress has ignored regulating them – probably for fear of the final collapse… Which would ruin the financial future of our heavily invested Congressional leaders and judiciary. Now that would be leveling the playing field.

  7. Pingback: Computerized Robo-Signing: Is Green Tree Servicing Taking Robo-Fraud to a Whole New Level? | Foreclosure Fraud - Fighting Foreclosure Fraud by Sharing the Knowledge

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  12. Looking at an “assignment of Mortgage” from MERS as nominee for Countrywide Bank, FSB to Green Tree Servicing. Derrick White and Miranda Avila. Thanks for the heads up! Good stuff here. Will post it…

  13. An outstanding share! I have just forwarded this onto a colleague who was doing a little homework on this. And he in fact ordered me breakfast simply because I discovered it for him… lol. So allow me to reword this…. Thank YOU for the meal!! But yeah, thanks for spending some time to talk about this topic here on your web page.

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  15. 2/25/2013, Received Bank of America letter stating that they will transfer my ( not delinquent 30-year fixed interest conventional home loan) to Green Tree Servicing LLC on 3/1/2013. Form that day on I will not be able to access my online BOA account. I will not have an account number nor an address to send my mortgage payment. I read Standards & Poors profile on this company. My fear begins. I have called BOA… no help there. I have contacted financial consumer protection bureau, ftc. and letter to BOA. I truly fear for the future being in the grip of this company. Thanks for the article.

  16. Pingback: So Where is Schneiderman? Computerized Robosigning Has Made Its Debut « naked capitalism

  17. Its so funny , I stumbled upon this info because I was looking to see if my deed signed by Miranda Avila but backed by green tree servicing is legit. This info is great and answers a lot of my questions. The guy that I am renting from is a fraud. Tampa Bay Times did a big article on him in the 11/8/14 issue along with his pic and the scams he pulled in 2004 until now on other people. Patrick Banks is his name but its not listed under none of the five companies he has listed on various documents that he gave me. All of the addresses are bogus as well, per Google earth. I Contacted the local police dept. and they says there is nothing that they can do, have to seek legal advise. But in the meantime this Patrick guy is demanding rent. County records show house is in foreclosure with Bank of America, contacted them but haven’t got a response. Can there be ANY thing done?

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