DIRTY TACTICS --- This German owned company, Deutsche Bank National Trust Company (with the help of of IndyMac Mortgage Services, Inc.) has been described as the absolute worst when it comes to foreclosures. It operates freely in the United States, using Nazi-like tactics to throw American people out of their homes without proper legal standing. If your neighborhood looks like the Warsaw Ghetto thanks to this and other banks' actions, you can thank our federal government for its complicity.
Notice how the government always puts a deadline on actions, so as to EXCLUDE as many people as possible who may not be up on the news. Another cave in to the big banks? -- you bet!
Finally Something: Nov. 3, 2011:: Federal regulators recently directed 14 major mortgage servicers to mail letters to 4.3 million customers who could be potential victims of FRAUDULENT FORECLOSURE PRACTICES. The letters stipulate that homeowners whose houses were foreclosed on in 2009 or 2010 will be eligible for a free review of their cases by a lender-funded independent consultant. The action stems from revelations last year that banks made widespread and possibly intentional errors on foreclosure paperwork that could have caused financial harm to millions of borrowers – the so-called “ROBO-SIGNING” scandal.
If reviewers find that homeowners were harmed financially, the borrowers may be allowed compensation. The Servicers participating in the program are: America's Servicing Co., Aurora Loan Services, Bank of America, Beneficial, Chase, Citibank, CitiFinancial, CitiMortgage, Countrywide, EMC, EverBank/Everhome Mortgage, First Horizon, GMAC Mortgage, HFC, HSBC, IndyMac, MetLife, National City, PNC, Sovereign Bank, SunTrust Mortgage, U.S. Bank, Wachovia, Washington Mutual and Wells Fargo. Borrowers who want to learn more about the federal review process are encouraged to visit IndependentForeclosureReview.com. Reviews must be requested by April 30.
If you find yourself on the receiving end of a DEUTSCHE LAWSUIT, foreclosure and eviction action, here is something you can use against them in your response papers:
Judicial Notice Documents:
If you’ve sued your bank (or they've sued you) and they've either included alleged home ownership, pass through documents, Deeds of Trust or come back with a request/motion for Judicial Notice documents, be aware that:
1. “Taking judicial notice of a document is not the same as accepting the truth of its contents or accepting a particular interpretation of its meaning.” (Joslin v. H.A.S. Ins. Brokerage (1986) 184 Cal.App.3d 369, 374.) “While courts take judicial notice of public records, they do not take notice of the truth of matters stated therein.” (Love v. Wolf (1964) 226 Cal.App.2d 378, 403.).
Unverified, recorded documents are simply hearsay.
All the banks are doing is submitting a bunch of copies of documents that have been recorded with the counties. The documents don't have to be correct or "verified" by the various entities -- that makes them "HEARSAY".
2. In Herrera vs Deutsche Bank National Trust Co., a residential mortgage foreclosure litigation, C065630, Super. Ct. No. SC20090170 , the California Court of Appeal Third Appellate District-El Dorado ruled that “In the published portion of the opinion, we hold that the trial court erred in accepting the contents of certain recorded documents as true and relying upon that information in determining the summary judgment motion. Accordingly, we reverse the judgment in part.” -- NOTE: the submitted documents were the HEARSAY documents as noted above which lead to the foreclosure action against the party Herrera, whose action, was subsequently reversed "in part". This is important and gives you a tool to fight against banks in general and Deutsche and INdyMac in particular.
ABUSE OF LEGAL PROCESS: Stupidity and Contempt Beyond Belief
In one lawsuit, attorneys for Deutsche Bank National Trust Co. proved just how despicable and pathetic a company it is by refusing to answer questions put forth by the Plaintiffs, something they had a legal right to ask in the process called "Discovery". Here's an example that was brought to our attention: Deutsche said it was too stupid to understand the words or terms as follows (and these are just a few):
"foreclosures and/or evictions"
And because they were TOO STUPID to understand the meaning of these words or terms, they refused to answer the questions. Deutsche also refused to produce documents on the same grounds. In fact, the stupid German company did not answer a single question; did not produce a single document. The too-stupid-to-be-believed attorneys working for Deutsche and IndyMac are: T. Robert Finlay, Nicole S.Dunn, Macey A. Chan of Wright, Finlay & Zak, LLP of Newport Beach, California. It's just a game to them and a big scam to bankrupt you before you can get to trial.
Deutsche refused to produce any document that actually proved it even had a legal right to foreclose on the home.
MORE DIRTY TACTICS:
a. DISCOVERY EXTENSION FRAUD: If you're involved in a lawsuit with these Nazis, beware of another tactic when it comes to the legal process of Discovery. If you're requesting interrogatories or document production from them, they will fool you by saying they need additional time to answer your questions, etc. You may think this is to your benefit. It's not! DON'T GIVE IT TO THEM. They won't come up with any answers, just a shitload of OBJECTIONS filled with ludicrous legalese and tons of lies. This company is slime personified and they have equally slimy lawyers to prove it. Yeah...they're just doing their jobs...just following orders! SIEG HEIL.
B. NO VERIFICATION: All responses to your discovery requests must be verified, a declaration of truth under penalty of perjury. If they don't send such a verification, it's as good as not answering your discovery requests and it's illegal. Disreputable attorneys like the Wright, Finlay & Zak group mentioned like to pull this scam.
We urge all readers and victims to contact their state's Attorney General. The illegal actions of banks and the vulture companies they hire to trash out your home and steal your valuables are criminal and immoral.
We understand that most people cannot afford to do it, but if at all possible, SUE THEM. Take them to small claims court where an actual representative of the bank or other company will have to show up in court without an attorney; take them to superior court -- do it yourself if you have to. Deep pocket big banks are counting on you just walking away, but at least they will have had another lawsuit to contend with. Deutsche Bank National Trust Co. deserves to be thrown out of the United States.
In addition to the recent suit by the Federal Government against Deutsche for mortgage fraud, there was this WALL STREET JOURNAL REPORT, By Chad Bray
NEW YORK—Deutsche Bank AG agreed Tuesday to pay $553.6 million and admitted criminal wrongdoing to settle a long-running probe over fraudulent tax shelters that allowed clients to avoid paying billions of dollars in U.S. taxes.
Under a nonprosecution agreement with the U.S. Attorney's office in Manhattan and the Internal Revenue Service, the German bank won't be prosecuted for its participation in about 15 tax shelters involving more than 2,100 customers between 1996 and 2002, including shelters marketed by accounting firm KPMG LLP and defunct law firm Jenkens & Gilchrist PC. (You read that correctly: In court papers, the Department of Justice agreed not to criminally prosecute Deutsche Bank for any crimes related to its participation in a broad conspiracy to defraud the Internal Revenue Service! Can you imagine what would have happened if it were you or I involved in such criminal wrongdoing?) Read more of the WSJ article at http://online.wsj.com/article/SB10001424052748703581204576033761692111074.html