Is Mortgage Fraud the Tip of the Iceberg?

There are many ways to beat the system and grab the loot.
Fannie Mae and Freddie Mac are the ideal patsies for milking the banks and taxpayers.
The FBI has its hands full.

It began with an innocent looking first mortgage loan to a lady who certainly didn't match the criteria of a savvy real estate investor and a husband and wife team that would have raised a red flag upon prudent review of the qualifications called for in granting a mortgage loan on a property that was not to be used as the primary homestead. (Neither party ever lived on the property; the lady never laid eyes on the property until the foreclosure action scared the "rent collector" a/k/a the "owner" or "owner's representative" away.) The revealing details are covered in the research report entitled

The Mortgage Assignment Bamboozlement

The first assignment is for the property at 3379 Oak Avenue, Miami, FL 33133; the second is for 3375 Oak Avenue.

N.B.: I present here also the Mortgage Assignment of a second mortgage loan transaction handled by Chase Home Finance, LLC to give a hint of more than one case of mortgage irregularity. Is it wide-spread? Stand by for the answer.

What Will the Bank as Property Owner and Landlord Now Do?

Chase Home Finance, LLC prevailed with the winning bid of $76,100 at the auction.

Is the Bank the Real Owner Now?

The Certificate of Title, signed by Harvey Ruvin, Clerk of Court, Miami-Dade County, Florida, certifies that Chase Home Finance, LLC is now the owner of the property at 3375 Oak Avenue, Miami, FL 33133.

Does FirstService Have a Better Property Management Idea?

FirstService Corporation (www.firstservice.com) is a Canadian company listed on NASDAQ and lists its head office addresses at 1140 Bay Street, Suite 4000, Toronto, Ontario M5S 2B4 and 1815 Griffin Road, Dania Beach, Florida 33004 USA.

FirstService Residential Realty, Inc. (www.fsresidentialrealty.com) is a Florida corporation incorporated on January 13, 2010 and lists its principal address at 1815 Griffin Road, Suite 404, Dania Beach, FL 33004.

FirstService Residential Management, Inc. is a Florida corporation incorporated on February 1, 2007 and lists its principal address at 1815 Griffin Road, Suite 404, Dania Beach, FL 33004.

FirstService Financial, Inc. is a Florida foreign corporation filed on June 26, 2008 and lists its principal address at 901 S Trooper Road, Norristown, PA 19403.

FirstService Continental, Inc. is a Florida corporation incorporated on June 18, 1997 and lists its principal address at 1140 Bay Street, Suite 4000, Toronto, Ontario M5S 2B4.

The company merged into FirstService (USA) Pool Holdings, Inc., a Florida corporation.

The interconnection of all FirstService entities in Canada and in the USA is well established by the corporate officers serving on both sides of the boarder and the trail of fleecing allegations of condominium unit owners reaching as far south as Miami.

On numerous occasions (the last count is 9 beginning two days after the auction on June 15, 2010), the "Notice" became very strong-worded and threatening beginning August 5, 2010, the visitors who identified themselves as someone from FirstService Residential Realty, Inc. and representing the "owner [of the property], Fannie May" came to the door and handed Graves a flyer titled "FINAL NOTICE" or taped the one-page communication bearing the FirstService logo to the door whenever the dwelling's occupant was not present.

This "Final Notice" even claimed "We have been trying to contact you for some time now …" This claim is misleading and sounded like a scam, Graves says.

The sole identification offered was a plastic shield in the format of a name card dangling from one's chest bearing the individual's name, photograph, name of FirstService Residential Realty, Inc., and lingo stating he is representing Fannie May. It looked very official, but offered no evidence whatsoever that the bearer of the plastic name tag represented the owner of the property and this calling was not a scam as so frequently reported in the media now. Graves says he was very suspicious.

A demand to show proof that the individual claiming to be representing Fannie May indeed is telling the truth resulted in the sole and repeated response that the visitor is from FirstService Residential Realty and is representing the owner, Fannie Mae. Nothing more.

Actually, when the caller was presented with the facts of currently known ownership of the property by Chase Home Finance, LLC as the Certificate of Title confirms, the reaction of the visitor raised even more fear of an attempted scam: the so-called Fannie Mae representative turned around, ran to his car, and drove off with high speed.

Is the 66-year old disabled citizen ignored by our system of justice and steam-rolled by the law firm Ben-Ezra & Katz and its client, Chase Home Finance, LLC?

The circumstances surrounding the future of Richard Graves' home (he has lived here for the past 11 years) have been too much for him when he attempted suicide in the morning of last year's New Year's Eve. The present pressure, utter confusion, and lack of reliable information may again be too much for the senior citizen.

The tenant, Richard Graves, has been a resident since November 15, 1999 and has a written lease that does not expire until October 14, 2011.

He has attempted on several occasions to discuss his tenancy with Chase Home Finance by contacting Chase by telephone, contacting the Ben-Ezra & Katz law firm by telephone and in writing, and by contacting Fannie Mae by telephone and in writing. He has been ignored.

Though Richard Graves answered the original mortgage foreclosure complaint with his name, he continues to be called "Ricardo Grais" by the lawyers in all legal communications.

The law firm Ben-Ezra & Katz, P.A. of Fort Lauderdale mailed this Notice of Hearing to the parties.

Who is the Presiding Judge of the Foreclosure Master Calendar Court? No name is given in the Notice of Hearing.

Is this Notice of Hearing designed to shut out the parties of the case — the ones on the defendants' side of the table?

Can Mr. Marc A. Ben-Ezra answer a simple question: Is this standard legal procedure and constitutes justice for all?

Graves called the Ben-Ezra law firm and was informed the hearing takes place in Room 1001 before Judge Miller.

Disabled Richard Graves, unable to stand on his feet for any length of time, mustered the strength to attend the hearing.

Upon finding Room 1001, Judge Miller's staff advised the victim of the foreclosure morass that he was in the wrong place because the judge no longer handles this case. (Though the original judge in the case was Judge Scott Silverman who had been transferred to the Family Division, one of the ludicrous customs of the Miami-Dade Court, Judge Miller no longer handled the case because the case is officially closed.) The judicial assistant's and bailiff's helpful assistance sent Graves to a courtroom on the third floor (it's also home of the Probate Division). It's not here either. With the helpful assistance of the staff of the judge who was hearing a case here, and Graves mentioning the magic words — he is here for a writ of possession hearing — he was steered in the right direction with "all writ of possession hearings are held on the 14th floor."

Switching elevators twice (the elevator going up ends at the 6th floor) the now very tired sexagenarian went from door to door seeking his destination. Following the friendly help of people milling in the hallway who tried to help sending him in one direction and then another, the exhausted and desperate man trying to protect the roof over his head and the home that was his for 11 years found the right courtroom. Eureka! But he was some 20 minutes late for the hearing. Luck was on his side because as he entered the courtroom Senior Judge Judith Kreeger welcomed him with "Are you Martinez?" Richard Graves reached the hearing room in the nick of time.

What would have happened if the old man's determination would have failed and the hearing had concluded without him? Would the result have been a "rubber-stamped" writ of possession engineered by the lawyers of Ben-Ezra & Katz, P.A. and the 11-year tenant of 3375 Oak Avenue would be forced to join the people on the street? Is it lack of compassion, complete lack of knowledge of and adherence to "the law" … or willful self-serving action driven by avarice?

In an admonishing tone of voice, her anger clearly observable, Judge Kreeger flipped through the pages of the court file and demanded of the Ben-Ezra lawyer to explain what the heck is going on here. She ordered the Ben-Ezra lawyer (his name was not retained by Graves and an email request for his identity to the law firm has not yet been answered) to step outside and immediately get someone at the bank with authority on the phone with regard to this property. The officer of the court returned without the bank officer of the law firm's client, Chase Home Finance, LLC, on the phone.

Judge Kreeger ordered the lawyer of the Ben-Ezra law firm to prepare an order which reads as follows:

THIS CAUSE having come on to be heard on October 6, 2010 on Plaintiff's Motion for Writ of Possession and the court having heard argument of counsel, and being otherwise advised in the premises, it is hereupon

ORDERED AND ADJUDGED that said Motion be, and the same is hereby denied without prejudice.

Ordered bank representative with authority to contact + a copy of this order tenant, Richard Graves, at 305-441-1038 re: rental possibility. Said bank representative to inform Mr. Graves he is calling pursuant to judge's request.
Motion for writ of possession to be renoticed if + after parties fail to reach lease agreement.

DONE AND ORDERED in chambers at Miami-Dade County, Florida this 6 day of Oct., 2010.

Oath Of Admission To
The Florida Bar

The general principles which should ever control the lawyer in the practice of the legal profession are clearly set forth in the following oath of admission to the Bar, which the lawyer is sworn on admission to obey and for the willful violation to which disbarment may be had.

I do solemnly swear:

l will support the Constitution of the United States and the Constitution of the State of Florida.
I will maintain the respect due to courts of justice and judicial officers;
l will not counsel or maintain any suit or proceeding which shall appear to me to be unjust, nor any defense except such as I believe to be honestly debatable under the law of the land;
l will employ for the purpose of maintaining the causes confided to me such means only as are consistent with truth and honor, and will never seek to mislead the judge or jury by any artifice or false statement of fact or law;
l will maintain the confidence and preserve inviolate the secrets of my clients, and will accept no compensation in connection with their business except from them or with their knowledge and approval;
l will abstain from all offensive personality and advance no fact prejudicial to the honor or reputation of a party or witness, unless required by the justice of the cause with which I am charged;
l will never reject, from any consideration personal to myself, the cause of the defenseless or oppressed, or delay anyone’s cause for lucre or malice. So help me God.