Certified Forensic Loan Auditors, LLC

 
  Upcoming Classes

Search CFLA's Article Archive:

Mnuchin Lied About His Bank’s History of Robo-Signing Foreclosure Documents

theintercept.com | January 26, 2017

By David Dayen

Treasury secretary nominee Steven Mnuchin lied in his written responses to the Senate Finance Committee, claiming that “OneWest Bank did not ‘robo-sign’ documents,” when ample evidence proves that they did.

Mnuchin ran OneWest Bank from 2009 to 2015 in a manner so ruthless to mortgage holders that he has been dubbed the “Foreclosure King” by his critics.

The robo-signing scandal involved mortgage companies having their employees falsely sign hundreds of affidavits per week attesting that they had reviewed and verified all the business records associated with a foreclosure — when in fact they never read through the material and just blindly signed off. Those records, in many cases, were prepared improperly, but the foreclosures went ahead anyway because of the fraudulent affidavits.

“Did OneWest ‘robo-sign’ documents relating to foreclosures and evictions?”

Sen. Bob Casey, D-Penn., asked Mnuchin as a “question for the record”. Mnuchin replied that “OneWest Bank did not ‘robo-sign’ documents, and as the only bank to successfully complete the Independent Foreclosure Review required by federal banking regulators to investigate allegations of ‘robo-signing,’ I am proud of our institution’s extremely low error rate.”

But even that review – which was not really so “independent,” since the banks hand-picked and paid for their own reviewers – found that nearly 6 percent of the OneWest foreclosures examined were not conducted properly.

And what sparked that review was a 2011 consent order issued by the federal Office of Thrift Supervision, which definitively stated that OneWest filed affidavits in state and federal courts “in which the affiant represented that the assertions in the affidavit were made based on personal knowledge or based on a review by the affiant of the relevant books and records, when, in many cases, they were not.”

This is the very definition of robo-signing. OneWest signed and agreed to the consent order, though it never admitted or denied the activity.

However, in a Florida foreclosure case, a OneWest employee plainly admitted to robo-signing. On July 9, 2009 – four months after OneWest took over operations from IndyMac, with Mnuchin as CEO – Erica Johnson-Seck, a vice president with OneWest, gave a deposition in which she admitted to being one of eight employees who signed approximately 750 foreclosure-related documents per week.

“How long do you spend executing each document?” Johnson-Seck was asked.

“I have changed my signature considerably,” Johnson-Seck replied. “It’s just an E now. So not more than 30 seconds.”

Johnson-Seck also admitted to not reading the affidavits before signing them, not knowing who inputted the information on the documents, and not being aware of how the records were generated. And she acknowledged not signing in the presence of a notary. This resulted in false affidavits being submitted in court cases that attempted to take borrowers’ homes away.

New York Supreme Court Judge Arthur Schack used the information provided by Johnson-Seck to invalidate OneWest foreclosure cases. He also dismissed a separate foreclosure where Johnson-Seck both assigned a mortgage to Deutsche Bank and executed an affidavit on behalf of Deutsche Bank in the same case.

OneWest continued filing sketchy documents for years, even after Johnson-Seck revealed the robo-signing scheme. According to a Reuters investigation in 2011, OneWest issued “foreclosure documents of questionable validity,” including filing mortgage assignments that establish ownership of the loan months after the foreclosure action, meaning OneWest (by their own evidence) didn’t own the loan at the time they decided to foreclose on the property.

Tara Bradshaw, a spokeswoman for Mnuchin during the transition, said she no longer works on the matter and referred all questions to the Treasury Department. The Treasury Department press office did not respond to a request for comment.

Mnuchin’s definitive – though false — statement about robo-signing stands in contrast to some of his other responses to questions for the record. Those he just ducked.

Responding to Sen. Dean Heller, R-Nev., who asked how many Nevada homes were in OneWest Bank’s portfolio and how many Nevadans suffered foreclosure at the hands of OneWest, Mnuchin replied, “Because I am no longer employed by or affiliated with CIT Group, I do not have access to this information.” CIT purchased OneWest in 2015, and Mnuchin left the bank’s board in December.

That was the eighth time that Heller has asked these questions of Mnuchin, according to Senate testimony.

Mnuchin used the same excuse to decline to give information about nationwide foreclosures or federal investigations into OneWest to Sen. Sherrod Brown, D-Ohio.

Similarly, when Sen. Maria Cantwell, D-Wash., asked Mnuchin if he believes that his former employer Goldman Sachs “acted responsibly and ethically when it bet against the same securities it was selling to its customers,” Mnuchin declined to answer, saying “I left Goldman Sachs nearly fifteen years ago” and was not in a position to comment.

Mnuchin was forced to respond to The Intercept’s publication of a leaked memo alleging that OneWest committed numerous violations of California’s foreclosure processes, including routine backdating of documents to speed up foreclosures. Sen. Casey asked about that, but Mnuchin insisted that “OneWest did not engage in ‘backdating.’” He explained that the bank assumed control of foreclosures initiated under IndyMac, its predecessor, and had a power of attorney to “step into those actions effective as of the date they were initiated.”

But that’s not what the investigators in the California Attorney General’s office alleged in their memo. They claimed that the substitutions of trustee documents in OneWest’s name were not created on the effective date written on the document. They argued that was done deliberately to cover up the lack of a substitution of trustee earlier in the foreclosure process.

 

 

 

Order Cutting-Edge Services Now   Quiet Title Packages from Licensed Attorneys
     
CFLA Sponsored Attorney Links   CFLA Training Academy

 

 

Back to January 2017 Archive

 

CFLA was founded by the Nation's Leading Foreclosure Defense Attorneys back in 2007 to serve the Foreclosure Defense Industry and fight pervasive Bank Fraud. Since opening our virtual doors, CFLA has rapidly expanded to become the premier online legal destination for small businesses and consumers. But as the company continues to grow, we're careful to hold true to our original vision. For us, putting the law within reach of millions of people is more than just a novel idea—it's the founding principle, just ask Andrew P. Lehman, J.D.. With convenient locations in Houston and Los Angeles, you can contact Our National Account Specialist and General Manager / Member Damion W. Emholtz at 888-758-2352 for a free Mortgage Fraud Analysis or to obtain samples of work product, including cutting edge Bloomberg Securitization Audits, Litigation Support, Quiet Title Packages, and for more information about our Nationally Accredited and U.S. Department of Education Approved "Mortgage Securitization Analyst Training Certification" Classes (3 days) 24 hours for approved CLE & MCLE Credit (Now Available Online).

SEE BELOW- http://www.certifiedforensicloanauditors.com

Call us toll free at 888-758-2352

Bookmark and Share
spacer
Facebook Like us on Facebook
Twitter Follow us on Twitter
YouTube View our YouTube Videos
LinkedIn Connect to us on Linkedin
 
BBB Logo

 

spacer

Contact us or view our Sample Documents & Audits by completing the form below.

  • Reload
  • Should be Empty:

 

DVD Sets Only $99

 

FREE Mortgage Fraud Analysis

 

Order Cutting-Edge Services Now

 

Quiet Title Packages from Licensed Attorneys

 

Affiliate Services

 

CFLA Sponsored Attorney Links

 

Take-Home Education Package

 

ALB Law Firm

 

Advocate Legal

 

The True News Network

 

Sutton Law Firm, P.L.L.C.

 

Rubenstein Business Law

 

Atighechi Law Group

 

Scunziano & Associates

 

Get Certified to Perform Mortgage Securitization Audits

 

CFLA Training Academy

 

Expert Witness Services

 

Cutting Edge Expert Securitization Reports

 

CFLA Credit Cards

 

Breaking News

 

Letters to the Editor

 

CFLA Weekly Newsletters

 

Code of Ethics

 

Testimonials

 

Instructional Videos

 

Job Opportunities

 

License Opportunities

 

MARS Rule

 

Product Samples

 

Resource Links

 

Servicer Information

 

Foreclosure Laws

 

REST Report

 

Quiet Title Packages from Licensed Attorneys

 

Advertise on CFLA

 

Advertising Space: Mortgage Securitization, Quiet Title

 

Certified Forensic Loan Auditors, LLC
13101 West Washington Blvd.
Suite 444
Los Angeles, CA 90066

Phone: 832-932-3951
Toll Free: 888-758-CFLA (2352)
Mobile Users: CLICK TO CALL
info@certifiedforensicloanauditors.com

   
 
CFLA IS NOT A LAW FIRM AND DOES NOT PROVIDE ANY LEGAL ADVICE. CFLA DOES NOT OFFER FORECLOSURE CONSULTING OR FORECLOSURE RELIEF
SERVICES. CFLA DOES NOT OFFER OR ASSIST WITH ANY LOAN MODIFICATION SERVICE. CFLA ALWAYS RECOMMENDS THAT CLIENTS RETAIN COMPETENT COUNSEL IN THEIR RESPECTIVE JURISDICTION. CFLA HAS A FREE PROGRAM TO REFER CFLA CLIENTS TO LAW FIRMS IN NEARLY EVERY STATE AND CFLA
DOES NOT CHARGE OR OBTAIN REFERRALS FEES FOR THESE SERVICES. SERVICES NOT OFFERED TO RESIDENTS OF THE STATE OF NEVADA.

 
Home About Us Privacy Policy Terms of Service Disclaimer SERVICES Careers Contact Us
 
COPYRIGHT © 2007-2016 Certified Forensic Loan Auditors ™ All rights reserved