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Pasco County Florida Judge Rules U.S. Bank N.A. Perpetuated a Fraud

By
Real Estate Broker/Owner with Aloha Kai Real Estate

Pasco County Florida Judge Rules A Bank Perpetuated a Fraud

 

Circuit Court Judge Lynn Tepper recently made national news.

In a rare ruling, Judge Tepper stated that  a major national bank perpetrated a "fraud" in a foreclosure lawsuit, raising questions about how banks are attempting to claim homes from borrowers in default.

 

This case started in December 2007 when U.S. Bank N.A. sued homeowner  Ernest E. Harpster after he defaulted on a $190,000 loan he received in January of that year.

 

The Law Offices of David J. Stern, which represented the bank, prepared a document called an "assignment of mortgage" showing that the bank received ownership of the mortgage in December 2007. This document was dated December 2007.

However after investigating  Judge  Tepper ruled that the document couldn't have been prepared until 2008 partly due to the notary stamp.

 

She ruled that the bank couldn't prove it owned the mortgage at the time the suit was filed.

 

On page 2 #7:


"7) The Assignment, as an instrument of fraud in this Court intentionally perpetrated upon this court by the Plaintiff, was made to appear as though it was created and notorized on December 5, 2007. However, that purported creation/notarization date was facially impossible: the stamp on the notary was dated May 19,2012. Since Notary commissions only last four years in Florida (see F .S. Section 117.01 (l )), the notary stamp used on this instrument did not even exist until approximately five months after the purported date on the Assignment."

 

Read it here:

 

http://online.wsj.com/public/resources/documents/HarpsterCase.pdf

 

 

 

This occurred in Pasco County, Florida. However this is happening everywhere. We will probably see more rulings like this that conclude that some banks are committing fraud.

 

If realtors ® or brokers were to commit fraud in the State of Florida it is a 3rd degree felony and up to 5 years in prison and/or $5000!

 

As you can see people like Judge Tepper in Pasco County Florida are holding banks to the same laws. Unfortunately banks have been making bank courtesy in part to TARP and with the "health insurance reform" buy-in mandate insurance companies will be making bank.

 

 

It is refreshing that a judge in Pasco County Florida is helping to put an end to this insanity!

 

 

 

A hui hou *Until next time*


~ Lana Robbins

 

P.S. If you are considering selling your home as a short sale I MAY be able to help. Contact me via email for more information.

Posted by

                                              

Lana Robbins - Licensed Real Estate Broker and Sales Manager

Aloha Kai Real Estate

Direct Line: (727) 376-0530

Email: Lana@AlohaKaiFlorida.com

 

Florida Real Estate

 

Ed Hinman - Vice President of Residential Real Estate Division

 Ed
Copyright © 2008 - 2021 Lana Robbins. All Rights Reserved


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Andrew Mooers | 207.532.6573
MOOERS REALTY - Houlton, ME
Northern Maine Real Estate-Aroostook County Broker

News with someone new being dragged up the court house steps is getting old.

Apr 17, 2010 04:08 AM
Karen Kruschka
RE/MAX Executives - Woodbridge, VA
- "My Experience Isn't Expensive - It's PRICELESS"

Lana  It is disgusting to think that banks have to resort to fraud to seize property  Karen

Apr 24, 2010 06:30 AM
Anonymous
Mike Bair

This is a typical activist judge.  She seeks to further penalize the "evil" big banks on minor paperwork glitches.    One mistake in the mountain of paperwork that they have to file just to get their property back is ridiculous.  These people have not made mortgage payments for over three years and now the banks can't get their collateral back and salvage their bad debts because of a date stamp anomaly.   Put the date of possession at 2008, and the home owner is still 2 years behind on his payments.   I wonder if banks will ever make home loans again, given the potential loss risks.      

Oct 13, 2010 09:29 AM
#3
Anonymous
Sandy

@ Mike Bair

Judge Lynn Tepper simply followed rule of law. How dare she adhere to Mr. Harpster's consititutional right to due process and protection from wrongful seizure of property, right, Mike?

The fact is the mortgage REQUIRES the homeowner to defend title to the property against all claims and demands related to encumbrances. The servicers are not the real party in interest in most cases. In a high majority, if not all, of the cases, they do not own the debt obligation, nor do they state they are representing the party who does. Fannie Mae hides behind many of these wrongful foreclosure procedures, but it is rarely mentioned in the lawsuits. ONLY the owner of the obligation or its authorized agent can bring foreclosure. If the plaintiff cannot prove it owns the debt, it needs to be stopped. Otherwise, the homeonwer is subject to the real party suing later. Only the owner of the debt or its authorized agent can receive payment to discharge debt. Homeowners are obligated to pay the party who owns the obligation. I am not in foreclosure and I am very concerned that I have paid the wrong party for several years. It is sure that I'm trying to find out. I suggest all homeowners take time to do that, especially if MERS claims to be the mortgagee in the original mortgage. 

I don't know Mr. Harpster's facts, and you don't either, Mike. Judge Tepper was called upon to decide. The banks have a right to appeal, and they are losing far too many times for any homeowner, current or not, to be comfortable with what happened in the securitization failure.

Thanks, Lynn, for this excellent article.

 

 

Nov 15, 2012 12:29 AM
#4