Forensic examination of the real property records and the ...

FORENSIC EXAMINATION OF THE REAL PROPERTY RECORDS AND THE CIRCUIT COURT RECORDS

OSCEOLA COUNTY, FLORIDA

PART 1 OF 2: SECTIONS 1 - 4

EXAMINATION CONDUCTED BY DK CONSULTANTS LLC SAN ANTONIO, TEXAS

July 14, 2014 - December 20, 2014 REPORT ISSUED: December 29, 2014

INTRODUCTION

The forensic examination of the real property records of Osceola County, Florida was commissioned by Armando Ramirez, a duly elected public official with the title of Clerk of the Circuit Court of Osceola County, Florida. In all times and places within this report, the Clerk of the Circuit Court shall be hereinafter referred to as "Clerk".

In Florida, the Clerks of the Court have a dual role as both a clerk of the official records (which contain vital statistics as well as real property records, the focus of this examination) and as clerks of the circuit courts in the counties which they serve. It is this Clerk's opinion, being autonomous from legislative and judicial influence, that it is his moral duty to the property owners of Osceola County to conduct a comprehensive forensic examination of not only his Court Records but also of his Official Property Records in light of the ongoing foreclosure crisis.

While the Florida Statutes do not specifically state that among the duties of the Clerks is to be concerned with the integrity of the records they were elected to maintain, there is nothing in the Statutes that prohibit the Clerks from engaging the services of examiners to review and investigate the records as to whether the records violate civil or criminal statutes by virtue of their submission for recordation or filing with said Clerks. Thus, it appears that the Clerk in question desired to undertake such a task, believing that the records he was duly elected to maintain have been compromised as to their integrity. To that end, the Clerk took it upon himself to investigate and seek out examiners worthy of such a task, a specialty which proffers very few contenders, and entered into a contract with DK Consultants LLC, a Texas-based limited liability company, that performs such tasks. DK Consultants LLC did not solicit the Osceola County Clerk.

By mutual agreement, specific filing dates of June 1, 2012 through June 1, 2014 were selected as target filing dates; however, there was nothing prohibiting the examiners from conducting a forensic examination outside of those target dates if they found probable cause to search outside of those parameters where alleged criminal violations would apply; such was the case here.

It was the initial intent of this Clerk to have this forensic examination and investigation conducted of his records due to the current state of suspect affairs surrounding certain corporate entities operating within the United States and the State of Florida that appear to have tainted his real property and court records with false, misrepresentative and malicious filings that have not only comprised the integrity of the records he was duly elected to maintain, but also may have committed crimes against the people of the State of Florida as well as against the real property owners of Osceola County, Florida. The Clerk therefore contractually retained the examiners to conduct such an investigation by virtue of a comprehensive forensic examination, which initially took place between July 14 through July 18, 2014, and continued thereafter until the time the results of the examination were released in this report. There appears to be probable cause to believe that criminal activity within both sets of these records did in fact occur.

TABLE OF CONTENTS

SECTION ONE: OVERVIEW

I. The Difference between an Audit and a Forensic Examination

1

II. Probable Cause

1

III. The Basis for the Belief that the Integrity of the Records

2

has been Compromised

IV. The Basis for the Belief that Criminal Enterprises are Currently Active

7

in the State of Florida (affecting Osceola County, Florida)

V. How Securitization Caused the Evolution of the Criminal Enterprises

15

VI. Summary of the Overview

25

VII. List of Exhibits Referenced in this Forensic Examination Report

28

VIII. List of Witnesses that have Personal Knowledge of Certain Statements

31

Contained in this Forensic Examination

SECTION TWO: INSIGHTS INTO THE MERS? SYSTEM AND WHAT IS NOT REVEALED TO THE "BORROWER"

I. The Suspect Issues Behind the Recorded MERS-Originated Mortgages

33

II. MERS use of the Court System in Osceola County to "Share" in the Spoils

45

III. Summary

53

SECTION THREE: RECORDATION OF SUSPECT DOCUMENTS

I. Suspect Document Manufacturing Abuses

57

II. Suspect Assignments Violate REMIC Regulations

63

HSBC Bank USA, N.A. v. Teresa Marra ... "magically settled" The More Egregious of the REMIC Behaviors

III. Use of Shared Computer-Generated Data and Florida's RICO Statute

74

IV. Document Manufacturing Plants Facilitate RICO Issues

76

V. Summary

79

SECTION FOUR: SUSPECT ACTORS EXPOSED AS THE RESULT OF THIS FORENSIC EXAMINATION

I. The Parties

83

Ablitt-Scofield

157

Adorno & Yoss, LP

157

Albertelli Law

158

American Home Mortgage Servicing, Inc. (Homeward Residential, Inc.) 89

Aurora Bank, FSB / Aurora Loan Services, LLC

237

Bank of America, N.A.

239

Bank of New York Mellon

72

Bayview Loan Servicing, LLC

92

Ben-Ezra & Katz, P.A.

20

Brock & Scott, PLLC

160

Butler & Hosch, P.A.

161

Choice Legal Group, P.A.

165

Citimortgage, Inc.

255

Clarfield, Okon, Salamone & Pincus, P.L.

170

Connolly, Geaney, Ablitt & Willard, P.C.

159

Daniel C. Consuegra

172

Deutsche Bank National Trust Company

73

Florida Default Law Group (see Ronald Wolfe)

231

Florida Foreclosure Attorneys, PLLC

176

Gilbert Garcia Group, P.A. (aka Gilbert McGrotty Group, P.A.)

178

Gladstone Law Group, P.A.

179

Goldman-Sachs (Mortgage Company)

75

Greenspoon Marder, P.A.

180

Heller & Zion, L.P.

184

HSBC Bank USA, N.A.

63

HSBC Mortgage Services, Inc.

99

Indecomm Global Services, Inc.

256

JPMorgan Chase Bank, N.A. (Florida, Texas)

264

JPMorgan Chase Bank, N.A. (Monroe, LA)

265

Kahane & Associates, P.A.

185

Kass Shuler, P.A.

187

Lender Legal Services, LLC

191

Lender Processing Services, Inc. (DOCX)

100

Loancare, A Division of FNF Servicing, Inc.

102

M &T Bank

275

Marinosci Law Group, P.C.

192

McCalla Raymer, LLC

198

MERSCORP Holdings, Inc.

33

Morris | Hardwick | Wittstaft LLC

200

Mortgage Electronic Registration Systems, Inc. ("MERS")

33

Nationstar Mortgage

278

Nationwide Title Clearing, Inc.

103

Ocwen Loan Servicing, LLC

121

OneWest Bank, FSB

284

Orion Financial Group, Inc.

288

Peirson Patterson, LLP

201

Pendergast & Morgan, P. A.

206

Phelan Hallinan, PLC

207

Quintairos, Prieto, Wood & Boyer, P.A.

232

ReconTrust Company, N.A. (see Bank of America, N.A.)

239

Robertson, Anschutz & Schneid, P.L.

208

Saxon Mortgage Services

294

Security Connections, Inc.

295

Select Portfolio Servicing, Inc.

303

Selene Finance, LP

303

Seterus, Inc.

304

Shapiro, Fishman & Gache, LLP (fka Shapiro & Fishman)

214

Smith, Hiatt & Diaz, P.A.

216

David J. Stern, P. A.

218

Suntrust Bank

306

Suntrust Mortgage, Inc.

306

T. D. Service Company

307

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