Joe and Grace
Barroga have been fighting foreclosure and a fraudulent assignment of mortgage
since last year when they discovered a fraudulent, robo-signed Mortgage
Electronic Registration Systems, Inc. assignment of mortgage made in 2009 by
U.S. Bank National as Trustee for RFMSI Series 2006-SA4 Trust – a GMAC
securitized loan trust. The Barrogas, like millions of other “responsible”
homeowners, fell prey to for the defective Obama HAMP program that allowed
banks to default good homeowners that asked for a modification. They are
scheduled for eviction on Monday,
May 14th.
Pursuant to the
Trust controlling documents, GMAC, the original
lender, NEVER
timely or properly assigned the mortgage in
the Hawaii Bureau of Conveyances.
The Barrogas have
applied for a Stay until their hearing scheduled for August 22, 2012 – but the
Second Circuit Court on Maui has been in a state of fluctuation since the
retirement of Judge Raffetto earlier this month and has failed to acknowledge
the pleading and even rule on it so, if necessary, a timely appeal to the
Intermediate Court of Appeals could be heard.
…….
According to the
Barroga’s Honolulu attorney, Arnold T. Phillips II, “Under New York Trust Law “every sale, conveyance or other
act of the trustee in contravention of the trust…is void.” New York Estates,
Powers and Trusts § 7-2.4. The Pooling and Servicing Agreement is the governing
document for the trust and is has a particular cut off date. Any assignment in
contravention of the cut-off date is void.”
Marie McDonnell,
who authored the forensics report in Ibanez another U.S. Bank National bad act
in Massachusetts – another mortgage lien state like Hawaii, investigated the
Barroga case and found on page 13 of Securitization Analysis and Foreclosure
Forensics™ Documenting the Gaps in the Chain of Title (see full report here):
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