Sadly, a quick search will show dozens of homeowners lost their homes; worse yet we couldn’t find even one case where a homeowner was successful. It’s clear anyone relying on Esquivel’s “inaccurate legal conclusions,” and “erroneous statements of law” will lose their home. See, ERNESTO McKENZIE v. M&T BANK case. In the very last footnote of the case, the court makes it clear, this Esquivel character is totally incompetent and has no idea what he’s talking about. https://scholar.google.com/scholar_case?case=12352845220372117433&q=%E2%80%9CJoseph+Esquivel%E2%80%9D+foreclosure&hl=en&as_sdt=6,33.
The court cites several cases where homeowners lost their homes using Esquivel’s worthless audits. The court: “The Court notes that this is not the first time that borrower-homeowners have relied on Esquivel’s ‘inaccurate legal conclusions,’ despite the fact that he is not a lawyer and has ‘not shown competence’ to provide legal advice or testimony regarding chain of title issues.” The court further notes: “Mr. Esquivel’s affidavit is “replete with erroneous statements of law and is wholly unhelpful to a resolution of the case let alone to be admitted as any expert opinion.”
It was founded by Ed Vallejo, an alleged pedophile, https://www.facebook.com/…/alert-danger-in…/873731129371575/ and is inundated with forensic/chain of title/securitization audit scammers, the disgraced and disbarred “stall” attorney Mark Stopa, other nitwits, and “useful idiots” who parrot wild claims and nonsense.
Any distressed homeowner that listens to or follows any of the nonsensical advice these losers propagate are guaranteed to lose their home. Unfortunately, many already have!
Another audit scammer Leo Blas who also defrauded taxpayers by falsely collecting unemployment; just lost his home to foreclosure, but he’ll show you how to save yours–what a joke!
Mortgage Fraud Examiners has correctly proven for years that foreclosures are breach of contract cases, and the homeowner has to attack the mortgage contract to save their homes. This is why scammer, “stall” atty. Mark Stopa’s clients, thousands of them, lost their homes to foreclosure, because he’s clueless and didn’t understand this very basic principle. The attorneys, that use this principle win their cases, and therefore don’t blame the courts for their losses like Stopa, because they don’t have any.
Here’s more proof evidence foreclosures are breach of contract cases: https://www.bakerdonelson.com/files/Litigation-Tools-in-a-Foreclosure-Action.pdf.
If you want to save your home the ONLY strategy that works is attacking the contract: http://www.releasewire.com/press-releases/homeowners-receiving-multimillion-dollar-awards-attacking-banks-using-the-loan-contract-678710.htm
Andrew Lehman, Leo Blas, Guy Neighbors, Vince Kahn aka Vince Tran, Joseph Esquivel, Ronald O’Donnell, Doug Bogg, Dave McCrae, Steve Wagner, Rennee Powers, Ronald Gillis, Paris Faye, aka Paris Dube, aka Paris Penzin, or whatever alias she’s using these days.
If anyone is telling you to argue, “securitization,” “standing,” “MERS,” “produce the note,” “split the note,” “assignment,” “robo-signing,” “didn’t get into the trust in time,” the bank never lent you money,” “you have millions of dollars in a treasury acct,” “accepted for value,” “If you sent in a rescission notice and the bank didn’t acknowledge it with 20 days, you’ll get your home free & clear,” or they’re selling securitization/chain of title/ forensic audits they’re scamming you, and you WILL end up losing your home!
Mortgage Fraud Examiners provides verifiable proof none of those arguments will save your home. Notwithstanding, the arguments, “assignment and/or “standing” COULD “stall” your foreclosure, but if that’s all you have, you WILL lose your home eventually, after paying the bank’s legal fees.
Sunlight is always the best disinfectant. If all foreclosure victims would just spread the word on these “charlatans,” you’d be doing each other a great service.
Paris Faye, aka Paris Dube, aka Paris Penzin became unstable, when asked the following: “You claim to have been a paralegal for umpteen years, but have no money. Didn’t you get kicked out of your rental for not paying your rent? Didn’t you lose your home to foreclosure? Didn’t you go to jail for being a thief? You committed said crime, but blame it on the fact you had no money. Didn’t you also plead you were indigent in your court cases. Common sense dictates that successful people have money; they’re not indigent.”
This fraudster scams homeowners with chain of title audits, and readily admits no one has ever won their case using one, which will never happen, even the courts have proclaimed these auditors are “charlatans” and their “paperwork empty gimmickry,” https://mugshots.com/…/Paris-Faye-Dube.92774862.html
This clown Mark Stopa is a criminal, the typical “stall” attorney, who made five million ripping off homeowners with useless arguments; the outcome for his clients–foreclosure. Now after getting disbarred, he wants to blame the courts for his incompetence and illegal activities.
He claims he tried over 7000 cases over a 7-year period, which is impossible. According to him, he won 2000, which is a lie and is easily provable. And what about the 5000 homeowners who lost their homes. If he was such an expert why did he lose so many. Oh, that’s right the courts are corrupt.
Expert attorneys win 90% plus of their cases not 20%. The truth be known those so-called wins were dismissals, where the banks came back and re-foreclosed. Guaranteed, almost every homeowner that hired him eventually lost their home!
Moreover, he was ripping off homeowners another way by talking clients into giving their property to him for a couple of thousand, and then renting out those properties for tens of thousands.
We have more evidence, not in the Tampa Bay Times article, of other fraudulent and unethical activity by Stopa and other “stall” attys in Florida basically doing the same things Stopa was accused of doing equity skimming, which is a crime.
What is truly sad is that gullible people believe the lies of these frauds and perpetuate the lies by taking up for such scammers without knowing the truth.
Certified Forensic Loan Auditors, LLC (CFLA) 13101 West Washington Blvd. Suite 444 Los Angeles, CA 90066 310-579-7422 Andrew Lehman, CFLA President/Owner
Warning to Borrowers Facing Foreclosure: In my opinion, a securitization audit or chain of title audit will not help mortgagors who defaulted on their loan win a foreclosure battle in court and such audit services are therefore virtually worthless. Numerous pundit and court opinions, cited below, support this warning. You might agree with me after you finish reading this article and following its links to other text.
First, understand the concept of securitization and chain of title audits from this article of denunciation I wrote years ago:
Furthermore, see how and why securitization trust beneficiaries can ratify violations of the securitization trust pooling and servicing agreement, and that the borrower has no standing to dispute or enforce such violations. Pay particular attention to the explanation by Storm Bradford in this article:
CFLA is a major purveyor of such audit services and conducts training courses to teach others to perform and sell the audits. CFLA aggressively promotes its loan audit, securitization audit, and chain of title audit services to home loan borrowers (mortgagors) who have defaulted on their loans and feel desperate to prevent foreclosure. CFLA gives such desperate borrowers false hope that the borrowers can use their audits and expert witness testimony to avert foreclosure, even though borrowers breached the terms of their loan contracts and really ought to lose their homes to foreclosure. A mortgagor in foreclosure who purchases a loan-related audit from CFLA or any other company has little to no chance of averting foreclosure because of information contained in the audit. The following statements by experts show why.
VIOLATIONS.””A person who violates any provision of this section commits an unfair and deceptive trade practice as defined in part II of this chapter. Violators are subject to the penalties and remedies provided in part II of this chapter, including a monetary penalty not to exceed $15,000 per violation.
Just this week I had another client in my office who almost lost their home because they had given thousands of dollars to a loan audit/securitization “expert” who told the to ignore the lawsuit that was filed against them. They did not respond to the lawsuit and the bank was prepared to set a sale. The judge did not have to let my new client defend the case, but the judge recognized that this old, immigrant family had indeed been the victim of a widespread and rampant fraud so the judge allowed them to defend their case and their home is safe…for now. Good call by the judge. Fair. Balanced. So now, I’m going to bust my hump to make sure this client fills out all their paperwork and gets the modification done. Here’s the thing….with their income, they could have had the modification done months ago….if only the scammer had not sold them up the river.
I get variations of the loan audit scam in my office nearly every single day. Hapless consumers are either directly approached by companies or they respond directly to any one of the hundreds of websites that have sprung up everywhere. Here’s the rap: The company or expert will audit their loan, show them how the bank committed fraud or their documents are bad or whatever and the homeowner can use that information to get a free house….for a small upfront fee of several thousand dollars…and maybe a small monthly fee if the mark can swing it.
ANY REPRESENTATIONS LIKE THIS ARE A VIOLATION OF STATE AND FEDERAL LAW!
“there is no evidence that forensic loan audits will help you get a loan modification or any other foreclosure relief, even if they’re conducted by a licensed, legitimate and trained auditor, mortgage professional or lawyer.”
This alert and warning is issued to call to your attention the often overblown and exaggerated “sales pitch(es)” regarding the supposed value of questionable Forensic Loan Audits. It is critical to note that a loan audit (audit report) has absolutely no value as a stand-alone document.
Whether they call themselves Forensic Loan Auditors, Certified Forensic Loan Auditors (there are no such certifications in the State of California), Mortgage Loan Auditors, Forensic Attorney-Backed Foreclosure Prevention Auditors, or some other official, important or lofty sounding title(s), there are thousands of individuals and companies that have popped up and appeared all over the State of California. Most of these individuals and companies are unlicensed, and some were previously engaged in illegal foreclosure rescue and loan modification scams.
The DRE has seen a wide variety of claims and sales pitches, where impressive sounding loan review services are offered with the goal of taking your money. Quite simply, the bad players market hope – and all too often, it is false hope.
A Georgia US District Court in Demilio v US Bank issued a scathing indictment of Demilio’s effort to subvert a foreclosure with a CFLA securitization audit.
Having reviewed the Complaint and all appropriate exhibits, the Court finds that Plaintiff has failed to set forth sufficient facts to show he is entitled to relief on any of his asserted claims. In fact, rather than alleging any material facts in his pleading, Plaintiff attempts to “lodge” “[t]he facts and statements made in the securitization audit attached herein.”13Frankly, the Court is astonished by Plaintiff’s audacity. Instead of providing the “short and plain statement” of facts required by the Federal Rules of Civil Procedure,14 Plaintiff requires the Court to scour a poorly‐copied, 45‐page “Certified Forensic Loan Audit” in an attempt to discern the basic facts of his case. This alone would be sufficient for dismissal.15 However, the Court is equally concerned by Plaintiff’s attempt to incorporate such an “audit,” which is more than likely the product of “charlatans who prey upon people in economically dire situation,” rather than a legitimate recitation of Plaintiff’s factual allegations.16As one bankruptcy judge bluntly explained, “[the Court] is quite confident there is no such thing as a ‘Certified Forensic Loan Audit’ or a ‘certified forensic auditor.’”17In fact, the Federal Trade Commission has issued a “Consumer Alert” regarding such “Forensic Loan Audits.”18The Court will not, in good conscience, consider any facts recited by such a questionable authority.19
19 See, e.g., Fidel, 2011 WL 2436134, at *1 (disregarding a “Securitization Audit and Forensic Audit” attached as exhibits to plaintiff’s complaint); accord Hewett v. Shapiro & Ingle, No. 1:11CV278, 2012 WL 1230740, at *4, n.4 (M.D.N.C. Apr. 12, 2012) (discussing various “audits” and noting that such documents “confirm the empty gimmickery of these types of claims.”).
State and federal courts across the land have denounced securitization and chain of title audits, and have uniformly ruled against the clients of CFLA or those who relied on “CFLA” audits to save their homes from foreclosure. The end of this report lists 27 court opinions which borrowers should read BEFORE deciding to spend money on a CFLA loan/securitization/chain-of-title audit. None of the judges in those case ruled in favor of the borrower. The Leadbeater v JP Morgan opinion provides this comment in footnote 9:
“Judge Madeline Cox Arleo has previously cautioned that she has “concern over the dubious nature of such reports [prepared by Certified Forensic Loan Auditors, LLC.]“Hicks v. The Bank of New York, et al.,Civil Action No. 15-1620, Letter Order, D.E. 22 (Feb. 22, 2016). The FTC has recently warned consumers to be wary of “forensic mortgage loan audits.” Federal Trade Commission, Forensic Loan Audits, https://www.consumer.ftc.gov/articles/0130-forensic-loan-audits (last visited September 13, 2017) (“According to the Federal Trade Commission (FTC), the nation’s consumer protection agency, the latest foreclosure rescue scam to exploit financially strapped homeowners pitches forensic mortgage loan audits.”).”
Patricia Rodriguez, Attorney at Law –Patricia is another of CFLA’s instructors. She also has been very active representing homeowners. Going back to June of 2012,Westlaw shows her handling 20 cases, (and you can find a list of her cases at that link).
None were any sort of win for the homeowners… in one she was sanctioned by the court and the 19 others were dismissed, many with prejudice or without leave to amend… the three quiet title cases were all dismissed.She also filed a mass joinder lawsuit that was also dismissed.But it’sMcGough v. Wells Fargo Bank, 2012 WL 6019108 (U.S. DC N.D. Ca. 12/3/12), that deserves to be highlighted because in this case, Ms. Rodriguez ended up being sanctioned by the court for violating Rule 11 of the Federal Rules of Civil Procedure, and ordered to attend 20 hours of continuing legal education. Here’s what the court said about Ms. Rodriguez…
The Court is disheartened by counsel’s failure in this case, even in responding to the present motion, to recognize that she has erred. If she had approached her practice with a measure of common sense, Counsel might have reconsidered her position…
And on a very basic level, the Court wishes to remind counsel that if an ordinary person cannot understand what she is saying in her pleadings—a neighbor, friend, or family member—then it is very likely that the Court and opposing counsel will not be able to either. The kind of garbled pleading that counsel has three times submitted to this Court imposes a burden that all involved would like to avoid in the future.
Accordingly, the Court hereby orders counsel, Patricia Rodriguez, to attend a minimum of twenty (20) hours of MCLE-accredited legal education courses, apart from any compliance hours regularly required by the California Bar Association. These hours shall include a minimum of eight hours in complaint-drafting or other legal writing, eight hours addressing the substantive law of foreclosure, if indeed it is an area in which Ms. Rodriguez wishes to continue practicing, and two hours of legal ethics training.
And remember that Patricia is a CFLA Instructor, training lawyers and others around the country in how to represent homeowners in quiet title cases and how to use CFLA’s securitization audits in foreclosure defense.
Look, I understand that foreclosure defense has been incredibly difficult even for the most dedicated and experienced attorneys. So losing is not necessarily a bad thing all by itself. But the way CFLA markets the company’s instructors, experts and seminars as leading the industry is at least misleading.
And Andrew, don’t bother sending me another letter telling me how powerful you are, and how you’re going to sue me for whatever you think you can sue me for… I’ve got an idea of how big and powerful you are… and yet, I still wrote this… so that should clear up any questions you might have as to the nature of my response to such threats. On the other hand, if you want to present any facts that would show me that what you’re doing is actually doing some good, you’ll find me both open and a very reasonable person with whom to converse. I don’t need much, by the way. How about a couple of cases where homeowners were awarded quiet title when they still owed on their mortgages? Or, how about even one such case? How about any sort of favorable outcome based on the use of your products and services… or based on your experts testifying Anything, Andrew… can I see anything at all?
Mortgagors facing foreclosure might wonder why they cannot find more consumer complaints against CFLA at sites like RipoffReport.com. Upon visiting that site a search for CFLA under its full name will reveal multiple pages of advertising showing CFLA to be a model company, but no complaints at all. The reason: CFLA’s principal has apparently paid the principal of RipoffReport to remove all complaints against CFLA from the site and replace them with advertisements making CFLA seem honorable. It seems apparent to me that CFLA and its minions have earned so much money selling useless services to troubled mortgagors that CFLA can afford to pay bribes or issue threats to get webmasters to remove complaints and to get angry customers to retract their complaints. The court opinions that follow prove foreclosure victims cannot rely upon CFLA securitization, chain-of-title, and loan audit services. Why? Because the borrowers who tried to rely on them lost in court. Caveat emptor (let the buyer beware)…
Court Opinions Showing Borrowers LOSE by Relying on CFLA Audits
Paris Faye, aka Paris Dube, aka Paris Penzin became unstable, when asked the following: “You claim to have been a paralegal for umpteen years, but have no money. Didn’t you get kicked out of your rental for not paying your rent? Didn’t you lose your home to foreclosure? Didn’t you go to jail for being a thief? You committed said crime, but blame it on the fact you had no money. Didn’t you also plead you were indigent in your court cases. Common sense dictates that successful people have money; they’re not indigent.”
LivingLiesTheTruth 