Local Attorney Fights Mortgage Fraud and Wins in Federal Court


Local Genesee county attorney, Rex Anderson, argued a mortgage fraud case before the United States 6th Circuit Court in Cincinnati this past October 12, 2011. In January 2012, the 6th Circuit issued its decision finding that the bank was not entitled to an "equitable" mortgage where two home owners' signatures had been forged on a mortgage while in the sole and exclusive possession of the lender.

The lower court found that lender’s notary had lied that the homeowners signed a mortgage in Oakland County when the home owners were in California at the time. Incredibly, US Bank fought for more than six years demanding that the Courts convert their forged mortgage into a valid mortgage.

This is a prime example of the banks “gaming the system,” and trying to wear out defrauded homeowners in a battle of attrition. US Bank deliberately strategized that it could outspend these destitute people with its tall building lawyers. Fortunately, for this Lapeer family, their lawyer, Rex Anderson, did not give up on them, despite three appeals and hundreds of thousands of dollars in attorney fees which he provided pro bono.

On January 3, 2012 the United States 6th Circuit Court in a landmark decision, handed down its judgment, finding that the forged mortgage was void ab initio and denied US Bank's demand for imposition of an equitable mortgage. The 6th circuit specifically said that a bank has no right to ask for an equitable mortgage when it comes to court with “unclean hands”.

That’s putting it mildly. The lender’s officers should be investigated for criminal fraud and prosecuted. Instead of doing an internal investigation to determine who was responsible for this fraud, US Bank chose to throw its weight around and put this family through six years of litigation in an attempt to evict them.

Instead of working with these homeowners, US Bank and its title insurance company strove to create yet another empty house with grass growing six feet tall, a vandalism risk depreciating the neighboring homes at the same time. US Bank slandered and clouded the deed and title of this family’s residence for six years causing the home to fall into severe disrepair and inhabitability. They ought to be ashamed of themselves.

The only other court that US Bank can appeal to is the United States Supreme Court. After three appeals, US Bank finally got the message. When a bank or lender commits the crime of forgery they will not get the benefit of their wrong doing. This is a huge win for homeowners' across this country.

This decision shows that our judicial system still works despite the long history of national banks lobbying our congress to legalize their criminality. Banks have done enough damage to our economy with their high risk gambling that provides them with all the upside gain of huge profits and tax payer bailouts when their investments turn out bad.

The 6th Circuit Court has sent an undeniable message to the lending institutions and their tall building lawyers that they will not be rewarded for nefarious behavior. US Bank has now allowed the time period to expire in which it had to file a further appeal to the United States Supreme Court.

 

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Leave a Reply 4 comments

David LeForge - 7 years ago Reply

Do you work in Indiana???? We sold our house in Indy, (so we were led to believe) Months after our closing with Chicago Title we were presented with a lawsuit for foreclosure on that same home. Keep in mind the new buyers had already moved in and tool for granted all was well. It's been right at 2 years and we're still living the nightmare. We assumed we had reached a settlement, but the defense counsel has not delivered our settlement package for over 2 months.
We've discovered the foreclosure mill had manufactured,forged and submitted documents as affidavids to the Federal court system. The Magistrate Judge assigned to the case has stood by the bank all along, she has removed our legal counsel from us.
We were just advised that our case was dismissed via a false stipulation of dismissal, The defense counsel told the courts that all claims have been settled when in fact they have not been, we still do not have our settlement package.  

    Rex Anderson (Editor) - 7 years ago Reply

    Sorry Dave, I do not work in Indiana but you could try calling the below listed attorneys who might be able to help you. They all attended the O Max Gardner Boot Camp that I attended.

    Kimberly A. Gilbert, Attorney at Law
    200 Ferry Street, Suite B
    Lafayette, IN 47901
    voice: (765) 742-7259
    fax: (765) 742-6868
    email: kimberly.gilbert1@verizon.net mailto:kimberly.gilbert1@verizon.net

    The Law Offices of Wayne Greeson
    801 West 35th Street
    Connersville, IN 47331-3492
    voice: (765) 825-9690
    fax: (888) 313-7222
    email: wgreeson@greesonlaw.com mailto:wgreeson@greesonlaw.com

    John B. LaRue, Attorney at Law
    4910 Wheeling Avenue
    Muncie, IN 47304
    voice: (765) 287-1717
    fax: (765) 287-9699
    email: jlarue@johnblarue.com mailto:jlarue@johnblarue.com

    Debra Voltz-Miller
    1951 East Fox Street
    South Bend, IN 46613
    voice: (574) 289-1709
    fax: (574) 289-1909
    email: dvoltz-miller@datacruz.com mailto:dvoltz-miller@datacruz.com

    Mark S. Zuckerberg, P.C.
    333 North Pennsylvania Street, Suite 100
    Indianapolis, IN 46204
    voice: (317) 687-0000
    fax: (317) 687-5151
    email: debtnomo@aol.com mailto:debtnomo@aol.com

Marc Davis C/O Lola Davis - 7 years ago Reply

Rex Anderson, PC
Per our conversation on 7/12/12 at 1500 hrs.  regarding LOAN FRAUD on a 2nd Mortgage by US BANK.
In my opinion,  US BANK loan for  $54,000  made in 2003 placed  on a mobile home that was purchased for $18,000 in 1995 is evidence of  an extreme or inflated appraisal.   Most of the money gained by my father (Robert Davis) was used to pay off CREDIT CARD debt to this same bank.
My father (Robert Davis) passed in 2008 leaving my Mother to pay off the mortgage.   This home is in Florida and I would appreciate an Attorney Referral  to hear further evidence on this issue.
Sincerely,
Mar Davis – Son of  Lola and Robert Davis

Ray Shelton - 5 years ago Reply

US Bank and SN Servicing has submitted Forged documents in our federal bankruptcy case too and we will never stop perusing them in court for damages. We are also asking our Federal judge to prosecute their current attorney out of Jacksonville Florida who continued to defend this case knowing that forged document are before a federal court. All the offending parties at SN Servicing and their attorneys are committing a serious crime against our country. We have filed a formal complaint with the FBI and the US attorney general and many great Judges all across this nation are finally stopping them from this kind of fraud on American families. US Bank and SN servicing and their attorneys are also violating a serious consent order that was to protect the people from these crimes but they could care less. Please feel free to have your clients join a class action suit so that we can end their behavior with a multi billion dollar punitive damage suit. Join us, call Ray Shelton in Florida at 352 274 8467

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