Deutsche Bank's Illegal US Foreclosure Practices

President Obama has announced programs to reduce or prevent foreclosures, but these will come too late for tens of thousands of Americans who are being forced from their homes by Deutsche Bank.  From Boston to Honolulu, Deutsche Bank is America's Foreclosure King. In Kansas City alone, Deutsche Bank is the largest owner of foreclosed properties, and is letting the city rot as it allows the properties to fall into disrepair and neglect.

Not content to foreclose on the existing properties in its portfolio, Deutsche Bank is compounding the misery of homeowners - especially properties owned by minorites - by illegally buying up the notes of defaulting mortgagees.  The problem is particularly acute for black and hispanic homeowners in Florida:

(BOYNTON BEACH, FL) -- A private forensic mortgage auditing firm is burning the business air waves today.  Germany-based Deutsche Bank is the target.

MFI-Miami LLC says it is narrowing its multi-state investigation into illegal home foreclosures by focusing exclusively on Deutsche Bank.

"Deutsche Bank is named as the trustee on nearly 50 percent of the fraud investigations we have done in the past six months," says Stephen Dibert, president of MFI-Miami, an 11-month-old firm he founded in West Palm Beach, FL.

Dibert  maintains "Deutsche Bank retains law firms that aren't interested in defending the legitimacy of their claim. Their purpose is to intimidate, obtain default judgments, and foreclose as fast as possible against homeowners who are uneducated about the legal foreclosure process."

"They are turning the foreclosure process into the Wild West, and many of these foreclosures are plainly illegal."

Miami foreclosure defense attorney Shaun Rice, of De Armas, Millich, & Rice, PL, says, :"I strongly believe that minorities have suffered disproportionately as a result precisely from banks like Deutsche Bank who often never had a legitimate claim to bring a foreclosure action in the first place."

Adds Dibert:  "Deutsche Bank is displacing minority homeowners at a methodical rate."

But some homeowners are fighting back against the German financial giant, with a new organizational effort known as "Produce The Note" movement.  In order to feed the securitization frenzy of investment banks such as Deutsche Bank, many mortgage originators had sloppy or non-existent paperwork practices, so now the trustee is unable to produce physical evidence that it actually owns the mortgage note.  This has worked against Deutsche Bank in some notable instances:

"In a recent Supreme Court case in Saratoga, New York, Judge Thomas Nolan denied Deutsche Bank's foreclosure action against a borrower because the Bank offered "no evidence that it took physical delivery of the note and mortgage before commencing this action."

As recently as August 19, a Massachusetts bankruptcy court denied Deutsche Bank National Trust's motion and ordered counsel to the debtor "to submit an application for compensation."

Also in Ohio, a rash of foreclosure cases brought by mortgage investors were dismissed by Judges. According to court documents, Federal Judge Christopher Boyko dismissed 14 foreclosure cases filed by Deutsche Bank in 2007, ruling that "the plaintiff had failed to establish that they had a standing to bring the lawsuits."

Comments

[judy]

Nice post. On foreclosure: I like the produce-the-note strategy. I live in Tampa and know one person he helped, and it actually worked. They did not get the entire home paid for, but they got terms adjusted to be favorable and they were able to avoid foreclosure. It really varries by situation and probably the laws of your state on how far this goes. This site has all the videos they have done. Watch all the videos here:

http://tinyurl.com/producenotevideo

-Judy

[Jack]

Good article. The banks are feverishly trying to foreclose as fast as possible to cover up the original fraud. But when you research deeper into the collateral, you begin to find that fraud was committed at virtually every level of the securitization process. Then you can show the court there is no possible way the mortgage company can produce a "lawful" or "valid" note (debt) once it has been securitized.

[Real Estate Investing Resource]

If troubled with foreclosure you can do a repayment plan based on your financial situation and may
even provide for a temporary reduction. You must furnish information to your lender to
show that you would be able to meet the requirements of the
new payment plan.

[craig lake]

The "letting it rot" commentary is only too true. The Orange County Florida Property Appraiser list Deutsche Bank as the owner of one of the homes in my subdivision. The home is abandoned and has two of the second story windows open. Never a good thing with our tropical rains.
Contact with DB using their web site "post a comment/suggestion" informing DB of the issue resulted in a very nice email suggesting that if I were interested in the property I should contact DB's office in New York. I can't believe that DB's future value will be enhanced by the declining value of properties such as this and am surprised by the apparent lack of concern for these liabilities.

[John Beck Tax Foreclosure]

A PROPER REPAYMENT PLAN HAVE TO BE MADE FOR TAX SYSTEM WITH EFFECTIVE INFORMATION MANAGEMENT.

[John Beck Property Vault]

This Is a very informative blog , I am really pleased to post my comment on this blog . It helped me with ocean of knowledge so I really believe you will do much better in the future

[Terence Michael]

I recently bid 11,000 above and beyond the asking price of a Deutsche Bank foreclosure in Lakeland.

They chose to take a cash offer which as 11k less than my offer, netting them 6k less after closing costs.

Not bad for a bank who took US tax dollars in the bail out.

It must be nice to be able to close deals where you lose 6k when you have government hand outs.

[John Beck]

Due to diverse financial condition banks using illegal acts of foreclosure , this may result unethical act to dissatisfy customers .

[Tax Foreclosures]

Many customers are unaware of the foreclosure rules , they need to be awared and publicly educated to make them gain knowldge on legal practices .

[Richard]

I'm using my real estate attorney from my prepaid legal services membership to fight what seems to be an illegal foreclosure of our family home.

I suggest you check out www.RightsInUS.com

and also www.GreatWorkPlan.com/RealMoney

[Deutschebanklie]

Do not believe anything OneWest Bank says that they are trying to help. That is not true. Deutsche bank a foreign owned bank is one of the largest lenders doing forclosures in this country. They have no interest on modifying anyone including those that qualify for Obamas plan. As a homeowner just prepare yourself if they are your investor. Onewest will waste your time looking good for their reports to the government that they took your mod papers but the reality is that they will tell you the Deutsche Bank doesn't do them in the end. Follow me having fun with trying to do a loan mod with Deutsche Bank through OneWestBank on twitter with Deutschebanklie. It showcases their own stupidity and truth of what homeowners are really going through.

[John Beck Teleseminar]

The rate of defaulters is increasing tremendously , hence financial institutions need to implement key processes to minimize credit losses .

[Christopher Barksdale]

God bless you for bringing to light the Banks acts, that are ruining our country; I want to make you aware of my fight against Deutsche Bank on 02/27/2004, it brought a foreclosure action against my mother, who had been dead for 9 months, it was allowed to foreclose, by sheriff sale, in 2006, (case No: CV-04-547780 Cuyahoga County Common Pleas Court), even after I intervened, to tell the court it foreclosed against a dead person, without an estate, well I opened a estate, the sued the bank, the judge who allowed its action dismissed my suit, now 3 years later the whole matter is on appeal, in the 8th District Court of Appels Cuyahoga County ( Case No: CA-09-04016; I still don't have my mothers house, and the judges of the lower court never gave me a hearing.

[David]

@Christopher,

Good luck with your appeal. Yours is one of the more outrageous cases I've heard of....How low can Deutsche Bank go?

[raymond ramos]

I UNDERSTAND WHAT THEY TRYING TO DO TO PUBLIC IS TO SCARE PEOPLE OUT THERE HOME YOU GOT TO FIGHT FOR YOUR RIGHT I"M ALSO IN FORCLOUSER FOR 3 THREE YEARS KNOW AND DEUTSCHE BANK HAS TRIED TO FORCLOUSE ON ME BUT CANN'T THEY DONT HAVE ANY DOCUMENTATION OR A NOTE SO KEEP FIGHTING IF YOU HAVE ANY QUESTIONS PLEASE CALL ME 407-949-2985 ORLANDO FLORIDA

[Greg Coe]

Our group is trying to purchase notes from Deutsche without success. Loan mod is always turned down. It apears that a law suit for the errors on Note is our only choice or take a short sale. Their practices as I read above match.

[Robert Paulsen]

I live in Topeka,Ks... My home of 22 years is in foreclosure by Deutsche and I was never late on my payments and they don't own the loan!! Citimortgage and A.H.M.S.I claims to own the mortgage. I need serious help. I'm retired with limited income since 2001. HELP!!!

[suz]

facing fooreclosure on your home to go to this website for free information. i am also in foreclosure due to problems with our refinancing loan, and want to get information out there to help others
www.help954.americanbusinessdirect.com

[mike schultheis]

I haveGMAC as a mortgage for several years. now deutsche is sending me several letters, notice of discovery filing. WE sent a validation letter to them months ago. What do I do next? Hired a prominent attorney kell has done nothing for us but to collect $3,0000 for nothing are they involved in this scams?

[Jason Hanson]

June 6th I was informed that my home was forclosed upon.Deutche Bank is claiming I now owe them a considerable amount for double rent and not relinquishing property.

[Kitty]

I currently have a lawsuit against Deustche Bank in the 10th circuit court (CO) and am hoping to find others who were illegally foreclosed upon to join in a class action. Let me know if you're interested.

[Foreclosure Attorneys]

Since President Obama has announced programs to reduce or prevent foreclosures, then he should have a talk with the Deutsche Bank itself.

[Laurie]

Tried to get a loan modification from Indymac who is really Onewest now. I was told that Deutsche bank owned the loan. Deutche Bank does not consider you for a loan mod unless you fall behind in payments. Fat chance that I would be stupid enough to fall behind on my payments to the foreclosure kings. I have filed a complaint with SIGTARP accusing Deutche Bank of fraud and misrepesentation. I doubt it will go any where. I really don't know what else to do. Any suggestions?

[Constance]

Everyone loves it when individuals come together and share ideas.
Great blog, continue the good work!

[Julie]

Hi, I wish for to subscribe for this weblog to take newest updates, so where can i do it please help out.

[Trina Sonnenberg]

This is the bank that took my house in February 2012. They didn't even have to prove the documentation they had was legitimate. The note had an open endorsement on it and neither of the signatures were dated, witnessed or notarized. I had been trying to sell the house and they took it from me. They locked me out of the house three months before they filed an eviction. Their agents stole property from me and they got off Scott free.

[Stop Foreclosure Program Austin]

I am very thankful to the author to write this fruitful information.It is useful sharing for other users.Thanks once again

[TOM MORANO]

I live in Buffalo NY. I never signed any documents that involved D Bank. I have been fighting to keep my home since 2009. Never got anything that showed D Bank. Now they are sending docs to my son.
I am very frustrated what to do next.
Does anyone have any advice?

[Norylin Bisol]

For 10 years now, though Deutsche Bank claimed they owned my house, my name still on the title. A lawyer advised me to move back to the house. It was vacant for 5 years, and wasn’t maintained. I really felt it’s illegal foreclosure. They sent me letters to appear in court but never showed up. This year they offered me money to move out. I rented it out to a family to keep up the place as I’ve learned I’m still responsible to it. They don’t like to spend money for court eviction so they offered money. I’m thinking I’ll just wait for eviction letter, while waiting for decision from a new lawyer studying my case.

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[Thomas J Morano]

They took my house after a 10 year fight. When they were up against the wall and the Judge told them to produce the note. They claim they went into their fault located in Florida and found it. I paid to have it authenticated. I was told it was authentic by some person I had to pay 1800 dollars to and never really met. They never had to present the note in NYS supreme court. I received a copy of the note and immediately noticed that my signature seemed to be lifted off the line. Looking like it was curt and pasted on the doc. They are scum and I believe others are making money hand over fist in a scandal to foreclose on as many homes as they can. Deutsche Bank is in deep trouble and this is there way of getting out of the red.

[sylvia]

hi
i almost lost my home to foreclosure during the 4th quarter of last year due to legal and tax,late payments of the mortgage.during this period i got to know that Whites home ownership rate is 70% and the US has a 64.3% as blacks are at 41.6%. Blacks worth $5 to $100 whites are worth after the black Emancipator Obama,we wanted him back as president.i posted seeking help online which made me drop my email and [seventy7hacker [at] hot-mail com] responded analyzing how he can be of assist.so many options was given including hiring an attorney,but fast result was given which was getting the debts,tax removed and boosting my score by 200 points with a price.so many counselling was given which might be of help to you seeking credit counsel.They are very reliable.

[Mar Fer]

Hi. My house was foreclosed by the bank even though I filed for the bankruptcy in court. Is that legal? Please help. Thx