Deutsche Lawsuit Reveals Scheme To Foreclose Hijacked Deed In California

CA – Deutsche Bank National Trust Co v Patrick Soria et al

 

“Defendants, and each of them initiated a malicious campaign to disrupt the chain of title to prevent Plaintiff from enforcing its contractual rights in the 2006 DOT by way of recording fraudulent documents to purportedly assign the rights under the 2006 DOT without the consent of Plaintiff, and otherwise thereafter fraudulently transfer all rights via a trustee deed upon sale, even though no trustee sale was ever conducted. All subsequently recorded or unrecorded transactions are therefore null, void, and of no effect.”

 

“As a result of the Fraudulent Instruments Plaintiff has been unable to enforce its contractual rights under the DOT due to the cloud on title from Fraudulent Instruments.”

 

“Based on information and belief, Plaintiff alleges that Defendant Deutsche Mellon LLC and P. Soria have since offered for sale to potential investors, the Property in an effort to unduly profit from this fraudulent scheme.”

 

Folks, this is the hazard we have been warning about for years, and the reason why every entity and document used in any foreclosure needs to be scrutinized. Anyone with access to homeowner mortgage loan data can hijack a loan by creating an assignment to themselves, and then proceed to steal and liquidate the home through a non-judicial foreclosure sale.

I found this case when I began investigating a similar assignment with these same parties and scheme involving a different property in Los Angeles. (See:Redacted Assignment – Deutsche Mellon National Asset LLC).  The scheme involves several Defendants and their creation of “Alter-Ego” corporations.

“By virtue of the foregoing, adherence to the fiction of the separate corporate existence of each of the ALTER EGO CORPORATIONS would, under the circumstances, sanction a fraud and promote injustice in that Plaintiff would be unable to realize upon any judgment in their favor.”

 

One of the Defendants, Jimmy Swinder, whose fingerprints are all over these sham entities, appears to be a California licensed attorney. (See: http://members.calbar.ca.gov/fal/Member/Detail/288934). Another Defendant was created as a Wyoming corporation (Deutsche Mellon National Asset, LLC), which was set up to conceal the identities of those involved, and clearly uses a name designed to deceive. There are many layers in this scheme, but here’s the kicker. The Defendant “BLG PC National” claims on its website that it has access to delinquent loan data, and “If it’s in default and has a Deed of Trust, you will know about it!” From their website: http://www.blgpcnational.com/index.html

[If it’s in default and has a Deed of Trust, you will know about it! The primary method of property foreclosure in the areas we cover is Non-Judicial. That means you have the inside scoop on all types of properties in distress so you can use that information to help you buy at the lowest possible price! Apartment buildings, light industrial, parking lots, agricultural land…if it was made with a Deed of Trust, it will show up in our data.]
This doesn’t appear to be a situation where data was hacked and is being accessed through the “Dark Web.” The website boasts, “Investors-Get the scoop with information “insiders” have been using for years!” Anyone who has been paying attention to the news recently has heard that social media entities such as Facebook are being accused of selling the private data of their subscribers. Could it be that companies with access to mortgage servicing data are doing the same?

 

Many of the allegations made in this complaint sound like the “Pot calling the Kettle black.” If the Deutsche Bank allegations are correct, as it sure appears they are, then why only a civil suit for fraud? After all, the house they claim has been stolen is worth nearly $1,000,000.00. That’s a serious theft, not to mention the RICO claims. Where’s the criminal complaint or referral to the DOJ? I suspect that if no criminal complaint was filed by Deutsche, there’s a reason. I doubt Deutsche Bank as Trustee wants to subject itself to scrutiny over their alleged rights in this case.

 

All this aside, this case is a prime example as to why every entity and document named in a chain of title needs to be scrutinized; especially when they are being used to foreclose. Any presumptions of validity are a dangerous proposition. These Defendants went so far as to produce an endorsement “in-blank” of Countrywide’s Laurie Meder upon the assignment. This is a clear demonstration as to how anyone can lift these endorsements and apply them to documents. If this court ultimately scrutinizes these documents, as I’m certain it should/will, then courts must also apply the same level of scrutiny to every set of similar documents created by the hundreds of other “Alter-Ego” type corporations that have been popping up everywhere in recent years.

 

If loan servicing data is available for purchase, then no title or loan is safe from being hijacked by thieves. Thank you “Deutsche Bank National Trust Co” for alerting all of us to this “malicious campaign to disrupt the chain of title.”

 

Bill Paatalo – Private Investigator – OR PSID #49411

Bill.bpia@gmail.com