DOERS ALERT: U.S. BANK NATIONAL USES FRAUD AND DECEIT TO EVICT A HAWAII FAMILY – WHILE MAUI, HAWAII COURTS FAIL TO ACT

Joe and Grace Barroga have been fighting foreclosure and a fraudulent assignment of mortgage since last year when they discovered a fraudulent, robo-signed Mortgage Electronic Registration Systems, Inc. assignment of mortgage made in 2009 by U.S. Bank National as Trustee for RFMSI Series 2006-SA4 Trust – a GMAC securitized loan trust. The Barrogas, like millions of other “responsible” homeowners, fell prey to for the defective Obama HAMP program that allowed banks to default good homeowners that asked for a modification. They are scheduled for eviction on Monday, May 14th.

Pursuant to the Trust controlling documents, GMAC, the original lender, NEVER timely or properly assigned the mortgage in the Hawaii Bureau of Conveyances.

The Barrogas have applied for a Stay until their hearing scheduled for August 22, 2012 – but the Second Circuit Court on Maui has been in a state of fluctuation since the retirement of Judge Raffetto earlier this month and has failed to acknowledge the pleading and even rule on it so, if necessary, a timely appeal to the Intermediate Court of Appeals could be heard.

Possibly deliberate indifference (more on those reasons coming up in a post on judicial disclosure statements on Deadly Clear).

According to the Barroga’s Honolulu attorney, “Under New York Trust Law “every sale, conveyance or other act of the trustee in contravention of the trust…is void.”   New York Estates, Powers and Trusts § 7-2.4. The Pooling and Servicing Agreement is the governing document for the trust and is has a particular cut off date. Any assignment in contravention of the cut-off date is void.”

Marie McDonnell, who authored the forensics report in Ibanez another U.S. Bank National bad act in Massachusetts – another mortgage lien state like Hawaii, investigated the Barroga case and found on page 13 of Securitization Analysis and Foreclosure Forensics™ Documenting the Gaps in the Chain of Title (see full report here):

There is very little doubt that the U.S. Bank National Assignment of Mortgage was fraudulently obtained.  Shadow banking has advanced to the forefront on the Hawaii judiciary radar – see Judge Seabright’s decision in Deutsche Bank v. Williams.  Banks apparently failed to assign mortgages for their own enrichment behind the curtain of securitization.

This case is especially heinous. Attorney Phillips has asked the opposing counsel at Hawaii’s infamous foreclosure mill law firm of Leu & Okuda to stipulate to a stay in the action until the hearing, but apparently their client U.S. Bank National, who is using the questionable assignment of mortgage to foreclose, will not agree.

Last week, Grace Barroga, understandably under a great deal of stress, miscarried their third child. The loss of her pregnancy came in the middle of pressure from the local eviction processor, Chris Williams of “Evictions-R-Us” (yeah, really) to evict them this coming Monday, May 14th 2012.

When these banks use these fraudulent assignments to foreclose they continue on through to  a non-judicial foreclosure (until Hawaii Act 48 was passed) and then quit-claim the property into their name.

The Assignment of Mortgage is the “breeder” document that they use says Marie McDonnell, see report at page 16:

“(28) Translating this concept into the realm of foreclosure fraud, a phony assignment of mortgage is the most frequently used “breeder document” because it grants a title interest in the underlying real property to the fraudster, and serves as the basis for obtaining other documents necessary to extinguish the property owner’s rights and transfer full legal and
equitable title as well as possession to the fraudster.

(29) In the instant case, the June 9, 2009 Assignment of Mortgage executed by Lorrie Womack is the “breeder document” from which all other documents necessary to complete the foreclosure, sale, and transfer of the Barrogas’ Property to U.S. Bank National Association as Trustee for the RFMSI Series 2006-SA4 Trust arise.”

There is no earthly reason why the U.S. Bank National cannot agree to wait until there is a hearing on August 22, 2012.

We need DOERS from Hawaii and around the world to make calls and send emails to U.S. Bank National and GMAC and tell them this is WRONG and not to evict the Barroga family until they’ve had their due process.  And then we need to contact our Hawaii Legislators, starting with Senator Roz Baker for Kihei and tell them to speak to the Chief Justice and find out why this case has been ignored by the Second Circuit courts on Maui.

Even if it’s over the weekend leave them a message. 

The Barroga loan number is:  594941403.
The address is: 569 PAPAU ST., KIHEI, HI 96753

U.S. Bank National Association operates as a bank which offers loans and depository services. U.S. Bank National Association was formerly known as Firstar Bank, National Association and it changed its name to U.S. Bank National Association in August, 2001. The bank was founded in 1863 and is based in Cincinnati, Ohio. U.S. Bank National Association operates as a subsidiary of U.S. Bancorp.

425 Walnut Street,Cincinnati, OH 45202-3923, United States, Founded in 1863
Phone: 513-632-4234

Key Executives For U.S. Bank National Association (community directory @usbank.com):

President
jan.estep@usbank.com
Richard K. Davis, U.S. BANCORP
Chairman, President and CEO
Andrew Cecere,
Chief Financial Officer
President of Chicago Branch
Market President for Orange County and the Inland Empire region of California
Regional President for Portland and Southwest Washington
President of Ultra-High-Net-Worth Business

Donald W. Solie
U.S. Bank National Account Services, LLC
1730 Plymouth Road, Suite 301
Minnetonka, MN 55305
800-286-5474
Don.Solie@usbank.com

GMAC Mortgage, LLC is an indirect, wholly owned subsidiary of Ally Financial Inc.

GMAC Mortgage Corporate Headquarters

1100 Virginia Drive
Fort Washington, PA 19034
(215) 734-8899
www.gmacmortgage.com
_________________________________________________________________________

Thank you DOERS for all you do!  Your help is what is saving families.

This isn’t the first bus ride downtown for U.S. Bank National. The Office of the Comptroller of the Currency made these findings one year ago:

MEMORANDUM ON THE EFFECT OF THE CONSENT ORDER EXERCISING
JURISDICTION OVER US BANK BY THE OFFICE OF THE COMPTROLLER

1. On April 7, 2011, the Office of the Comptroller of the Currency, concluding an
investigation in which it issued its administrative findings issued a “consent
Order” # AA-EC-11-18 (attached hereto).

2. SPECIFIC FINDINGS OF FACT BY FEDERAL AGENCY (OCC): PARAGRAPH 2
OF CONSENT ORDER, PAGE 1. (DETAILS OF THESE FINDINGS ARE FOUND
BELOW, ALONG WITH THE REQUIREMENTS FOR CORRECTION)

2.1. “THE BANK filed or caused to be filed in state and federal courts affidavits
executed by its employees making various assertions, such as the amount of the
principal and interest due or 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 personal knowledge or review of the relevant books and records; (e.s.) Paragraph 2 (a)

2.2. “THE BANK filed or caused to be filed in state and federal courts, or in local
land records offices, numerous affidavits that were not properly notarized,
including those not signed or affirmed in the presence of a notary; Paragraph 2
(b)

2.3. “THE BANK failed to devote to its foreclosure processes adequate oversight,
internal controls, policies, and procedures, compliance risk management, internal
audit, third party management, and training; and (paragraph 2 (c)

2.4. “THE BANK failed to sufficiently oversee outside counsel and other third-party
providers handling foreclosure-related services.”

So, Maui County, Hawaii Second Circuit Court – what is wrong with you?!

We’re connecting the dots, people with above average intelligence are realizing, just like Judge Seabright, that there are huge schemes behind the scenes of an everyday mortgage that the borrower never intended to participate in… and eventually we’ll know whether the application for a mortgage started the securitization process before the borrower signed the note making them securities with no disclosure, how many insurance policies were attached to the loans and when (we never agreed to be over insured which would give someone the incentive to “off” us)… it’s coming soon – to a court room near you…

8 thoughts on “DOERS ALERT: U.S. BANK NATIONAL USES FRAUD AND DECEIT TO EVICT A HAWAII FAMILY – WHILE MAUI, HAWAII COURTS FAIL TO ACT

  1. And what about the new rules just past to amend act 48?

    Ҥ667-O Attorney affirmation in judicial foreclosure. Any attorney who files on behalf of a mortgagee seeking to foreclose on a residential property under this part shall sign and submit an affirmation that the attorney has verified the accuracy of the documents submitted, under penalty of perjury and subject to applicable rules of professional conduct. The affirmation shall be in substantially the following form:
    _____ CIRCUIT COURT OF THE STATE OF HAWAII
    http://www.capitol.hawaii.gov/session2012/bills/HB1875_CD1_.htm

  2. Is the banks attorney claiming under penalty of perjury that those documents are accurate???
    This is now HAWAII law were are talking about. If the notary date and the sig date are different how can that be accurate? I do not know if the gov has signed the bill yet, but he will, maybe the gov needs to know. This law applies to foreclosures that are also PRIOR to the date on signing!

    Plaintiff,
    AFFIRMATION
    v.

    Defendant(s)

    Mortgaged Premises:
    _____________________
    ______________________________________________

    Note: During and after August 2010, numerous and widespread insufficiencies
    in foreclosure filings in various courts around the nation were reported by major
    mortgage lenders and other authorities, including failure to review documents
    and files to establish standing and other foreclosure requisites; filing of notarized
    affidavits that falsely attest to such review and to other critical facts in the
    foreclosure process; and “robosignature” of documents.

    * * *

    [____________], Esq., pursuant to Hawaii Revised Statutes §667-O and under the penalties of perjury, affirms as follows:

    1. I am an attorney at law duly licensed to practice in the state of Hawaii and am affiliated with the Law Firm of __________________, the attorneys of record for Plaintiff in the above-captioned mortgage foreclosure action. As such, I am fully aware of the underlying action, as well as the proceedings had herein.

    2. On [date], I communicated with the following representative or representatives of Plaintiff, who informed me that he/she/they (a) personally reviewed plaintiff’s documents and records relating to this case for factual accuracy; and (b) confirmed the factual accuracy of the allegations set forth in the Complaint and any supporting affidavits or affirmations filed with the Court, as well as the accuracy of the notarizations contained in the supporting documents filed therewith.

    Name Title
    ______________________________ ________________________
    ______________________________ ________________________
    ______________________________ ________________________

    3. Based upon my communication with [persons specified in item 2], as well as upon my own inspection and other reasonable inquiry under the circumstances, I affirm that, to the best of my knowledge, information, and belief, the Summons, Complaint, and other papers filed or submitted to the Court in this matter contain no false statements of fact or law and that plaintiff has legal standing to bring this foreclosure action. I understand my continuing obligation to amend this Affirmation in light of newly discovered material facts following its filing.

    4. I am aware of my obligations under Hawaii Rules of Professional Conduct.

    ____________________________________
    DATED:

    N.B.: Counsel may augment this affirmation to provide explanatory details,
    and may file supplemental affirmations or affidavits for the same purpose.”

    §667-P Attorney affirmation in judicial foreclosure. An attorney who files a complaint in a mortgage foreclosure action shall affirm in writing, under penalty of perjury, that to the best of the attorney’s knowledge, information, and belief the allegations contained in the complaint are warranted by existing law and have evidentiary support.

  3. Our national and global standard of living is sinking: The housing crises is progressively worsening, and the economic crises is fast spreading into commercial real estate holdings. Manufacturing jobs producing exports are disappearing, technical jobs are outsourced, and chiefly non-export service jobs remain. As a result, we are seeing alarmingly growing deficits in commerce and industry.
    World hunger has increased 70% in the last 10 years, and in the global marketplace, labor and oil are commodities ruled by supply and demand; and the price of oil has gone up while the cost of labor abroad has gone down.
    What are the fixes? Cutting federal taxes and services is not an option! Indeed for our political systems are breaking down and not coping with the crises and everything seems to be getting worse.

    If anything can be done to rebuild our national and global economies, it must be facilitated and implemented by our American working and professional middle class( the backbone of what Americans call our democratic society.)
    If we do not take our power back; the American Middle Class will soon become just like the dinosaur ….extinct with no way to survive! The global economy will gradually denigrate to two classes of individuals; the very wealthy in control of the world financial power maintaining the status quo, and very -very powerless poor with no time to do anything but struggle to survive. ( The recent movie In Time (released 2011) provides us an eloquent analogy.
    Our current global economic crisis is a direct product of the status quo, or corrupt political and economic stranglehold practiced by our world’s largest mega-banks, who strive at all costs to maintain world financial control, who seem to be set on serving only their own interests at everyone else’s expense.

    Currently 95% of our worlds material wealth and natural resources are being funneled up to the top of a financial elite pyramid, who dominate and control the worlds wealth and resources through skillful use of the federal reserve and international banking structure manipulating the world banking cartel corporations and the many governments below them.

    Our hope for the future is that the true strength of this pyramid is in its base. The financial elite power structure of control cannot function without working class peoples consent and participation.

    If we act unanimously as intelligent professional and working-class citizens’ to all simultaneously withdraw our support, the corrupt financial structure at the top of the pyramid will lose its power, collapsing the banking cartels, the military industrial complex, corporate controlled media, and force our government to serve its people instead of the agenda of a corrupt and powerful financial elite. The American government for instance has tried unsuccessfully to deregulate the financial industry and except for top members of the industry itself, these efforts have utterly failed. Quite the contrary, debt, which is the life blood of the financial industry, is progressively draining the life force out of the U.S. and world economy. The financial industry should be serving the needs of the local and global marketplace instead of unilaterally serving its own interests; and dictating to our local and national economies and controlling our politics and judiciary with disastrous results.

    Nothing about this scenario can change if our world financial institutions are forcibly regulated and broken up into much smaller companies.
    After all if water companies were allowed monopolize, we would all soon be paying $100 per gallon for our water. The failure of our House of Congress and Justice department to include banking in the scope of industries where monopolies must be regulated and controlled has left the financial industry in charge of itself and allowed these monopolies to degenerate to uncontrolled private interests who freely play to their advantage what little is left of government financial regulation.
    The result is a progressively worse scenario and massive and progressive economic consequences.

    The world financial elite stranglehold, where financial predators take over and control our society and our national and world governments, MUST BE BROKEN and these monster controlling entities must be broken smaller companies to before we can return to healthy and productive society and a fair marketplace governed by real justice, fair dealing, and return to our formally benevolent constitutional and democratic principles.

    The current status quo, for which the banks have dug in their heels to maintain, is anti-social, anti-free market, and anti-human, and the only way to break their stranglehold; is for We The People shun our corporate dependency and defeat the Corporate Agenda. The original framers of the American Constitution well understood the dangers of powerful central government. They knew that not only would a strong federal government produce a tyranny, but concentrating power in a central government increased the chance that politicians would one day sell the entire country. The Constitution was especially written with special safeguards to prevent any special interest group from controlling our government. It’s no mere coincidence that recently enacted “anti-terrorism laws” completely defy our Bill of Rights and nullify our Constitutional protections.

    We must all make up our minds how we can individually contribute to mustering maximum popular support for reform. Some may have skills required for networking strategies with multiple organizations; others may create changes in awareness by simply spreading the word. American working class people’s determination and the culmination of all their joint actions in alignment with various supporting organizational efforts.

    America only hope for financial recovery is sending out an early pre-election wake-up call and fielding and electing candidates determined to drive out Wall Street Lobbyist control of our government and restoring a constitutionally responsible government.

    Americans interested in recovering their government from irresponsible politicians and lawmakers, who routinely sell out their interests to an increasingly abusive financial elite, may find it useful to reflect on the remarks made by Jesse Jackson in his 1988 Presidential Campaign Speech. The issues are still the same as when Jackson eloquently urged the American people to find common ground and join to take control from an abusive financial elite;.
    ” Don’t despair, pull the patches and the pieces together, bound by a common thread. When we form a great quilt of unity on common ground, we’ll have the power to bring about health care and housing and jobs and education and hope back to our Nation.”
    “We believe in a government that’s a tool of our democracy in service to the public, not an instrument of the aristocracy in search of private wealth. We believe in government with the consent of the governed, “of, for and by the people.”
    ‘ We must now emerge into a new day with a new direction.”
    “We, the people, can win.”
    Jesse Jackson- 1988
    Mr. Jackson understood the divide and conquer strategy as outlined in the BANKERS MANIFESTO (SEE COPY PROVIDED BELOW) demonstrating just how long these ingenious strategies have been used to distract the “masses” from the bankers true agenda, by keeping us at odds and distracted by introducing insubstantial arguments and issues allowed the financial elite completely to control our government much to the detriment of the American middle class majority.

    Australian academic Alex Carey wrote:

    “the twentieth century has been characterized by three developments of great political importance: the growth of democracy, the growth of corporate power, and the growth of corporate propaganda as a means of protecting corporate power against democracy.”

    THE BANKERS’ MANIFESTO OF 1934

    Capital must protect itself in every way, through combination and through legislation. Debts must be collected and loans and mortgages foreclosed as soon as possible. When through a process of law, the common people have lost their homes, they will be more tractable and more easily governed by the strong arm of the law applied by the central power of wealth, under control of leading financiers. People without homes will not quarrel with their leaders. This is well known among our principle men now engaged in forming an IMPERIALISM of capital to govern the world. By dividing the people we can get them to expend their energies in fighting over questions of no importance to us except as teachers of the common herd. Thus by discrete action we can secure for ourselves what has been generally planned and successfully accomplished.

    We must look to models of non-violent non-participation provided by Mahatma Gandhi and Martin Luther King, Jr., to restore the constitutional power of a government by and for The People.

    Mahatma Gandhi’s Satyagraha Vision: Through more than 60 years of what Gandhi described as his “experiments with truth,” the founder of modern nonviolent struggle left a rich legacy of thought and writing on the subjects of non-violence, war, democracy, love, and the necessity and methods for individuals to embody the larger changes they seek.

    selected quotes :

    There is no reason to believe that there is one law for families and another for nations.

    When I despair, I remember that all through history the way of truth and love has always won. There have been tyrants and murderers and for a time they seem invincible, but in the end, they always fall – think of it, always.

    An eye for an eye makes the whole world blind.

    Retaliation is counter-poison and poison breeds more poison. The nectar of Love alone can destroy the poison of hate.

    I see neither bravery nor sacrifice in destroying life or property, for offense or defense.

    Peace will not come out of a clash of arms, but out of justice lived, and done, by unarmed nations in the face of odds.”Tit for tat” is the law of the brute of unregenerate man.

    To answer brutality with brutality is to admit one’s moral and intellectual bankruptcy.

    It is easy enough to be friendly to one’s friends. But to be friends to the one who regards himself as your enemy is the quintessence of true religion. The other is mere business.

    Hatred can be overcome only by love.

    Whenever you are confronted with an opponent, conquer him with love.

    Whenever you have truth it must be given with love, or the message and the messenger will be rejected.

    Civil disobedience becomes a sacred duty when the state becomes lawless or corrupt.

    Noncooperation with evil is as much a duty as cooperation with good.

    Democracy and violence can ill go together.
    “I have a dream that one day every valley shall be exalted, every hill and mountain shall be made low, the rough places will be made plain, and the crooked places will be made straight, and the glory of the Lord shall be revealed, and all flesh shall see it together. And when this happens, when we allow freedom to ring, when we let it ring from every village and every hamlet, from every state and every city, we will be able to speed up that day when all of God’s children, black men and white men, Jews and Gentiles, Protestants and Catholics, will be able to join hands and sing in the words of the old Negro spiritual, “Free at last! free at last! thank God Almighty, we are free at last!”
    (-Martin Luther King, Jr., “I Have a Dream”, 28 August 1963, steps of the Lincoln Memorial, Washington, D.C.)

    I believe that unarmed truth and unconditional love will have the final word in reality. This is why right temporarily defeated is stronger than evil triumphant.
    -Martin Luther King, Jr., Nobel Prize acceptance speech, 10 December 1964, Oslo

    So we must fix our vision not merely on the negative expulsion of war, but upon the positive affirmation of peace. We must see that peace represents a sweeter music, a cosmic melody that is far superior to the discords of war. Somehow we must transform the dynamics of the world power struggle from the negative nuclear arms race which no one can win to a positive contest to harness man’s creative genius for the purpose of making peace and prosperity a reality for all of the nations of the world. In short, we must shift the arms race into a “peace race”. If we have the will and determination to mount such a peace offensive, we will unlock hitherto tightly sealed doors of hope and transform our imminent cosmic elegy into a psalm of creative fulfillment.
    -Martin Luther King, Jr., Nobel Lecture, 11 December 1964, Oslo

    FURTHER RESOURCES
    THE CREATURE FROM JEKYLL ISLAND a critique of much modern economic theory and practice, specifically the Federal Reserve System.
    BY G. Edward Griffin author and political lecturer. Griffen has opposed the Federal Reserve since the 1960s, saying it constitutes a banking cartel an instrument created to secure global domination and control of our monetary systems.

    Manufacturing Consent: The Political Economy of the Mass Media “Herman of Wharton and Chomsky of MIT lucidly document their argument that America’s government and its corporate giants exercise control over what we read, see, and hear. The authors identify the forces that they contend make the national media propagandistic — the major three being the motivation for profit through ad revenue, the media’s close links to and often ownership by corporations, and their acceptance of information from biased sources. In five case studies, the writers show how TV, newspapers and radio distort world events….Such allegations would be routine were it not for the excellent research behind this book’s controversial charges. Extensive evidence is calmly presented, and in the end an indictment against the guardians of our freedoms is substantiated. A disturbing picture emerges of a powerful political, judicial and social system that panders to the interests of America’s privileged and neglects its duties when the concerns of minority groups and the underclass are at stake.”

  4. @Catherine-Thank you for taking the time and initiative to put together an extremely informative and reasoned post. I pray nightly for our country and that we will not as a people turn physically violent upon ourselves to enable what must be done to preserve our society. We are without any doubt our brothers keeper. Greed has and will be our downfall. Mahalo again for your eloquent words and quotes. God bless to all and keep the faith we will prevail in all that is just.

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