I was dealing with a loan modification company that didn’t do anything for me & instead I got a foreclosure notice. When that happened they said they were connected to a company that could get me a new mortgage with a low-interest rate.
I was desperate & wanted to believe them so I signed some papers that allowed them to get my deed. However, my foreclosure attorney & the servicer said it wasn’t possible or legal for them to do this.
I sent them a notice that I was not going to continue with them & consequently found out that they are being investigated by the FBI. Plus the underwriting company has sent out warnings about underwriting any deals with this company. I am now in good standing with the bank & the servicer.
How do I go about getting my deed back from this company? They registered the deed in Palm Beach although they are in Los Angeles.
From the document you sent, I see the name of the company your deed was assigned to is Deutsche Mellon National Asset, LLC. You are correct they are in the crosshairs of various parties.
The most recent lawsuit filed against Deutsche Mellon National Asset reads like a movie script and names a number of companies that I’ve written about before.
But the lawsuit against Deutsche Mellon National Asset which was just resolved by the court is critical of the company.
The lawsuit was brought by Wells Fargo Bank against the people who signed over the dead and West H&A, LLC and Deutsche Mellon National Asset, LLC.
The complaint by Wells Fargo described West H&A by saying, “Defendant West H&A LLC is a limited liability company organized under the laws of Delaware. Plaintiff alleges that records filed with the California Secretary of State identify two members of West H&A LLC, Patrick Soria and “Anthony S. C.,” each with a listed address of 433 N. Camden Dr., 6th Floor, Beverly Hills, CA 90210. Plaintiff alleges on information and belief, that all members of West H&A LLC are citizens of California, and that no member of West H&A LLC, nor West H&A LLC itself, is a citizen of South Dakota.”
They also say, “Defendant Deutsche Mellon National Asset, LLC (“DEUTSCHE”) is a limited liability company organized under the laws of Wyoming, which has a principal and mailing address located in Buffalo, Wyoming, and which has a registered agent for service of process located in Buffalo, Wyoming. On information and belief, the member(s) of DEUTSCHE include or comprise Amanda Beren and Patrick Soria, both of whom are citizens of California. Plaintiff alleges on information and belief that no member of DEUTSCHE, nor DEUTSCHE itself, is a citizen of South Dakota.”
But here is where the issue might strike a chord with you. Wells Fargo Bank, in their legal complaint, says, “On or about October 23, 2017, defendant DEUTSCHE prepared and recorded with the Los Angeles County Recorder as instrument no. 20171209297 a false and fraudulent “Assignment of Deed of Trust” (“October 2017 Fraudulent Assignment”) that purported to assign the First Deed of Trust held by Wells Fargo to defendant DEUTSCHE. The October 2017 Fraudulent Assignment was prepared by DEUTSCHE (by a “Patrick Soria”) purportedly on behalf of “World Savings Bank FSB, a federal savings bank, its successors and assigns, by its nominated substitute trustee-in-fact, BLG PC National.” (Attached as Exhibit 6 is a true and correct copy of the October 2017 Fraudulent Assignment).
The October 2017 Fraudulent Assignment was false, forged and fraudulent. Wells Fargo did not authorize the October 2017 Fraudulent Assignment and did not execute it. Wells Fargo did not sell or assign the Note or First Deed of Trust to DEUTSCHE.” – Source
In that case I mentioned above, the court ruled the transfer was void. In the order granting the Plaintiff’s motion for summary judgment, the judge said, “the August 2017 Fraudulent Assignment, recorded August 22, 2017 as instrument no. 20170952348, and the October 2017 Fraudulent Assignment, recorded October 23, 2017 as instrument no. 20171209297, are declared VOID ab initio and CANCELED.” – Source
The court ruled the assignment was fraudulent and void. You are probably going to have to file a similar suit to get your deed back. You should consult with a real estate attorney who is licensed in your state. Additionally, you may want to enlist the help of your mortgage company to consider taking up the case like Wells Fargo Did.
In a suit just filed by Nationstar Mortgage on April 11, 2018, their suit reads like a movie script. The lawsuit claims a number of parties were involved in this alleged scam.
The attorneys for Nationstar name Patrick Soria, West H&A, W.E.S.T, Westwood Legal. Westward Legal,Brighton Legal Group, BLG PC National by Brighton Legal Group, Deutsche Mellon National Asset, Christiana Wilmington Global Asset Corp, HSBC US in its Legal Capacity as Legal Title Holder, Camden Legal Group, Tamyra White, George Wesley Jr, Grocela Mendoza, Bernard Germani, Rebekah Brown, Michael C. Jackson, Cynthia Lara, F Martinez, Jenny De Leon, Elba Chavez, Ryan Alexander Urquizu, and Roger Franklin.
The claims made by Nationstar Mortgage are disturbing, The complaint says, “Defendants, strangers to the subject loans and having never lent a penny to anyone, created a criminal enterprise by which they hijacked “thousands” of mortgages via void assignments all in the name of “helping” borrowers. Here are some ways Defendants have “helped”:
a. They have “helped” a borrower and her elderly mother by sending “thugs” to her home at night to evict her. The “thugs” banged on the windows, attempted to climb the walls of the home and attempted to break the door.
b. They have “helped” a family pay $465,000 to the Defendants for the purchase of a home Defendants claimed to own. Defendants were even accommodating enough to offer their own title insurance to the family when the family could not acquire title insurance elsewhere. The family wired the money, moved into the home, and a few days later were fined for trespassing when they found out that the Defendants never owned the property they sold them.
c. Defendants also “helped” a borrower, with a disabled wife and a disabled child lose his home by lying to him about “refinancing” his loan, again requiring the borrower pay Defendants. For that “help”, borrower paid Defendants $13,000.
The Assignment of Deed of Trust you sent me names at least four parties named in the Nationstar Mortgage suit: BLG PC National, who prepared the document, Deutsche Mellon National Asset, Tamyra White, and Patrick Soria.
On the next page of the document you provided to me, there is a very interesting little snippet. At first glance, it appears Countrywide Home Loans has agreed to the transfer but the fine print says something completely else.
While the stamp looks very official on the first glance, I put a red arrow to the fine print that says, “Not an endorsement of this specific assignment, but a demonstration of an already existing implicit relationship. (Stan Schultz, Laurie Meder, Michele Solander Signatures are for Exhibition Only.”
So the folks who allegedly conned you out of your deed even appear to admit the signatures and endorsement carries no weight.
The Nationstar Mortgage lawsuit says, “The fraudulent scheme began in 2010, when one of the Culpable and Individual Defendants, Soria was just an “apprentice” working under Abraham Michael Pessar (“Pessar”) and Chance Edward Gordon (“Gordon”). Pessar and Gordon ran a program claiming to help borrowers obtain loan modifications but in reality it was actually scamming borrowers by preying “on financially distressed homeowners nationwide by falsely promising a loan modification in exchange for an advance fee.” See CFPB Complaint (CFPB v. Chance Edward Gordon, et al., Case No. CV12-06147RSWL). Defendant Soria, White, and Pierce all worked for Gordon and Pessar. Soria was part of the sales force, selling these borrowers the false promise of a possible loan modification and a principle reduction of their loan. Yet, Soria was not just a sales representative, he was the sales representative— winning the “top dog” (best salesman of the month) trophy, month after month, for the amount of customers he was able to scam. Part of the strategy that Soria, White, and Pierce learned while working for Gordon/Pessar was to misrepresent the affiliation that they have with real lenders, government entities and servicers to gain a borrowers trust.”
The Nationstar suit alleges Patrick Soria, who signed your document you sent me, was not ready to stop the business model shutdown by the Consumer Financial Protection Bureau. Soria is quoted as saying he wasn’t ready to stop.
The lawsuit says, “In 2015, Soria, White, and Pierce (among others) created and ran Corporate Defendants Camden Legal Group, Westwood Legal, and Westward Legal. In 2017, when law enforcement began catching on to Defendants, the Defendants created Corporate Defendants West H&A and Warranted. When West H&A and Warranted’s fraudulent activities were publicized, the companies became less effective and the Defendants responded by creating companies that sounded as if they were based on “legitimate” enterprises: Corporate Defendants Deutsche Mellon National Asset LLC, BLG PC National, Christiana Asset, and Brighton Legal Title Co. Finally, in this ever evolving scheme, most recently, Individual Defendants created Corporate Defendant HBSC US and BLG.”
You said in your question “they said they were connected to a company that could get me a new mortgage with a low interest rate.” That sounds very familiar with what others were told as well.
Borrower KM from Kentucky contacted Defendant Westwood Legal and Soria in 2017 to get assistance obtaining a modification of his Nationstar serviced Loan. KM was then told, by phone, that Westwood Legal was not successful in getting that Loan Modification, but that they would be refinancing his mortgage and, therefore, KM would be making lower monthly mortgage payments to Westwood Legal. Westwood Legal sent a Deed of Trust to KM’s home (either by email or mail) that they told him to record. KM lost about $13,000 in fees and false mortgage payments and his home because of the fraud perpetrated by the Defendants. Nationstar lost revenue from potential mortgage payments.
In a statement provided in the Nationstar case, Patrick Soria appears to admit the transfer document is false.
And the efforts to allegedly fool consumers with the “loan modification scheme” appears to pay very well.
The Nationstar Mortgage suit says, “Defendants continue to register new corporations that mimic the names of legitimate banking institutions for the purpose of promoting this scheme, and making their fraudulent recordation’s more and more believable. Companies such as Defendant HSBC US (instead of HSBC USA) and Deutsche Mellon (instead of Deutsche Bank or Bank of New York Mellon). They are not stopping and will not stop—unless someone acts on putting on end to this enterprise. Plaintiff receives calls almost daily regarding Defendants actions, and new borrowers who have either been effected and have a Nationstar loan, or who have simply been affected and found Plaintiff’s information online. Defendants are not planning on stopping anytime soon—in fact, they are doing the opposite, they are just getting started.”
The recently filed Nationstar Mortgage lawsuit contains many more allegations and presented facts. You or your attorney may want to read the complaint filed by clicking here.