Final thoughts with Brevard Clerk of Court_Mr. Scott Ellis

Everyone - have a conversation with your Clerk of Court, document your findings & share the results with the rest of us. Your help is greatly appreciated!!!

Best regards,


TW

PS - the attached documents were sent as well.

florida-id-theft-and-mortgage-fraud-statutes.pdfFDLE_Mortgage Fraud Assessment_by OSI 2005.pdf




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Mr. Ellis,

It is the responsibility of government to protect citizens, especially those who cannot protect themselves. FDLE's 2005 Mortgage Fraud Assessment by OSI (on page 23 near the bottom) states; "a basic review of courthouse documents to ensure proper filings is a productive method to identify and stop some frauds (such as taking on multiple investors for the same property) and can be done for free on the internet." It goes further to say; "Courthouses should post warnings on criminal action if false filings are performed and the filer should initial a form that identifies this as a crime."

My question is this, how do we initiate an Internal Audit to investigate these false filings, fabricated assignments and fraudulent deeds on record? I know this is just one of many options for conducting internal audits.
http://199.241.8.125/index.cfm?FuseAction=InternalAudit.Home

I'm sure Brevard County does not have the excess funds to assist the growing ranks of homeless men, women and children while houses sit empty with toxic titles. All the more reason why the proper party needs to come forward. Additionally, the 14th Amendment to the Constitution of the United States says we "shall suffer no loss of property without due process of law."

Are you saying that filing a false claim and a fabricated assignment is okay, but to question such fraud is immoral?

Sir, breaking the law is breaking the law no matter how you slice it. But what good is it to talk about morals when the laws that are on the books are being ignored?


From your website;
http://199.241.8.125/fwa/fwa_main.asp

Stop Waste in Brevard
Report Fraud, Waste and Abuse
of County Resources

To file a complaint by phone, FAX or email:

Phone: (321) 637-6553
Fax: (321) 637-6554
Email:fwa@brevardclerk.us

Or you may write to:
Brevard County Clerk of Courts
Internal Audit Division
Fraud Hotline
P.O. Box 999
Titusville, Florida 32781-0999


Respectfully,


TW


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Subject: RE: Assignment Fraud... Court Precedent for Dog-Cheat-Dog?
Date: Tue, 5 Jan 2010 18:41:07 -0500
From: Scott.Ellis@brevardclerk.us
To: twebster321@hotmail.com
CC: Pete.Griffin@brevardclerk.us; Frank.Sakuma@brevardclerk.us; howard.tipton@brevardcounty.us


We record as presented, Mr. Webster. If the document is completed and notarized properly and is a valid type of document for recording we do so. We cannot validate all of the information, it is truly impossible.

I understand what is being claimed with the MERS cases, and others along the lines of ‘show the note’, and it is truly saddening that our society has come to simply which party can out-cheat the other at the cost of a moral society. With Florida running tens of thousands of cases filed each month there is still no real legal precedent for ‘show the note’, and if done so, the greatest Mortgage Jubilee in history will ensue.

The bailouts have unloosed a massive outpouring of immoral behavior by making cover for immoral behavior, thus the moral hazard issue the government was warned about by many free market economists.

I still go back to the hard facts for many people, they know they borrowed the money, they know the house is collateral, they know they are not making the payments, and unless they are simply trying to determine who to give the collateral back to they are working the system the same as the banks to cheat others.

As we move into this dog-cheat-dog society we rush headlong into a societal collapse.



Scott

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From: Tony Webster [mailto:twebster321@hotmail.com]
Sent: Monday, January 04, 2010 11:15 AM
To: Scott Ellis
Cc: Pete Griffin; Frank Sakuma; howard.tipton@brevardcounty.us
Subject: RE: Assignment Fraud... Court Precedent?


Mr. Ellis,

Please find below links to the court rulings you had inquired about. In the state of Florida I would refer to Booker v. Sarasota, Inc. to substantiate the need of having a proper party with standing come forward. Filing false claims and fabricating assignments are par for the course, especially where MERS is involved. I am sure you are aware that these are felony offenses in the state of Florida. I also hear stories of assignments coming from companies that are bankrupt and out of business. Does the Clerk of Court audit these documents or the firms that are recording them en mass? Your thoughts are greatly appreciated!

Best regards,


TW

http://www.scribd.com/doc/21510542/Arkansas-Ruling

http://www.scribd.com/doc/21414016/Landmark-National-Bank-v-Kesler-...

http://www.scribd.com/doc/22469967/Vermont-Mers-v-Johnston-Foreclos...

http://4closurefraud.wordpress.com/2009/11/19/defective-paperwork-s...

http://www.scribd.com/doc/23828361/Mortgage-Electronic-Registration...

http://4closurefraud.wordpress.com/2009/11/20/this-judge-gets-it-in...

http://www.scribd.com/doc/21649996/Sheridan-Decision-Idaho-Bankrupt...

http://4closurefraud.wordpress.com/2009/10/21/us-bank-v-ibanez-memo...

http://4closurefraud.wordpress.com/2009/10/23/wells-fargo-loses-app...


NYT article
By Gretchen Morgenson
Published: December 12, 2009
http://www.nytimes.com/2009/12/13/business/13gret.html

from the article: "there are signs that the company sold some of its loans to more than one buyer."


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Subject: Assignment Fraud... Court Precedent?
Date: Thu, 31 Dec 2009 16:47:34 -0500
From: Scott.Ellis@brevardclerk.us
To: twebster321@hotmail.com
CC: Pete.Griffin@brevardclerk.us; Frank.Sakuma@brevardclerk.us; howard.tipton@brevardcounty.us


Mr. Webster,

I would ask as a precedent in which cases the notes were invalidated, the foreclosure process halted, and the current owner allowed to keep the property?

Homeowners know if they owe or not, and if they pay or not.

If a court set precedent invalidating mortgages based on a securitized assignment the mortgage and banking concept (not just industry) would collapse. Few will pay if they can keep the house for free.


Scott


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From: Tony Webster [mailto:twebster321@hotmail.com]
Sent: Thursday, December 31, 2009 1:16 PM
To: Scott Ellis
Cc: Pete Griffin; Frank Sakuma; howard.tipton@brevardcounty.us
Subject: [SPAM] FW: Assignment Fraud... Felony?


Mr. Ellis,

MERS has no Agency status as a nominee (therefore cannot foreclose or assign notes/mortgages) because it has no pecuniary interest in the Note and therefore, because the Mortgage is an incident to the Note (debt) any Assignment of the mortgage without said Note is a nullity.

There are tons of case precedents to cite. The separation of the Note and Mortgage is Black letter law older than the MERS scam.


TW