Steve Dibert, MFI-Miami
Back in April and May, I posted a series of articles about how robo-signing seems to be out of control at Orlans Associates, a multi-state foreclosure mill located in Troy, Michigan and how the signature of one of their attorneys, Marshall Isaacs has more variations than the Kama Sutra. It’s pretty obvious that unless Marshall Isaacs suffers from some type of Multiple Personality Disorder, the signatures on the majority of these documents are not his.
I must of struck a nerve with Marshall Isaacs because he made bogus accusations to the Farmington Hills Police that I was committing a felony by blogging about him and his unethical behavior which of course the Oakland County Prosecutor refused to pursue because they deemed it frivolous and unwarranted.
It now appears Marshall Isaacs isn’t the only one in the Orlans organization attempting to play signature Kama Sutra. Five notaries employed at eTitle, a title company owned by Orlans Associates owner, Linda Orlans and run by her daughter Alison, either have multiple and distinct signatures on the documents they notarized for Marshall Isaacs or their signatures don’t match their Notary applications on file with the state of Michigan.
It also appears two of the notaries, Annette Matthews and Susan Solwold missed their calling as a wrist contortionists for Cirque Du Soliel. Matthews has five different distinct signatures that do not match the signature of her notary application on file with the state of Michigan. Susan Solwold has three different signatures with only one that matches her application on file with the state of Michigan.
Whoever signed Renee Caramagno’s signature on one document filed with Wayne County in August of 2010 didn’t even try to make it look like Caramagno’s signature.
The signatures of two notaries, Andrew Collins and Lindsay Fendrich are all consistent on the public records that eTitle or Orlans filed throughout the state of Michigan. However, their signatures do not match their notary applications. The address on Fendrich’s application is that of Orlans’ competitor, Postevio and Associates.
All of this clearly violates the Michigan Notary Public Act (P.A. 238 of 2003):
55.287 Signature of notary public; statements; stamp, seal, or electronic process; effect of illegible statement.Sec. 27. (1) A notary public shall place his or her signature on every record upon which he or she performs a notarial act. The notary public shall sign his or her name exactly as his or her name appears on his or her application for commission as a notary public.
Of course, this is assuming the person signing as the notary is actually the notary named on the affidavit or assignment. If these signatures were signed by someone else, it’called fraud. Either way, this now calls into question the legitimacy of the tens of thousands of mortgage assignments, affidavits and other documents filed by entities controlled by Linda Orlans in five states where the documents were notarized by Michigan notaries employed by Orlans or eTitle.
The Michigan Notary Public Act also offers stiff penalties to notaries and their employers who violate this act namely prosecution and/or civil liabilities to damaged parties especially if the notary was acting under the orders of their employers.
The alleged robo-signing of Marshall Isaacs’ signature and questionable notary signatures on the same documents creates a big problem for Linda Orlans and Marshall Isaacs because they could go to prison. Yes, the hard core prison where if you know what is good for you, you won’t drop the soap kind of prison. They could also be held liable for malpractice by their clients.
There is also no reason to suggest BAC or Fannie Mae, two of Orlans’ biggest clients, would come to their aid especially in a case where evidence of improprieties, alleged attorney misconduct and fraud are stacking up against them on thousands of mortgages everyday. In the Lucas case, BAC Home Loan Servicing showed no hesitation about throwing Orlans under the bus. In that case, BAC provided an affidavit showing Countrywide Home Loans sold Lucas’ mortgage to Fannie Mae in 2005. This is after Marshall Isaacs and Orlans filed both a Mortgage Assignment on July 2, 2009 from Countrywide to BAC and a Purchaser’s Affidavit stating BAC sold her mortgage to Fannie Mae in March 2010 with the Benzie County Register of Deeds.
The discovery of multiple fraudulent signatures by employees by a foreclosure mill that handles nearly 40% of the foreclosures in Michigan creates a nightmare scenario for the courts and the counties in Michigan because judges and the counties are now forced to untangle the mess created by the foreclosure mills. This is a crisis that has the potential to not only rival the chaos of Florida but could in all likelihood surpass it. Unlike Florida that is a judicial foreclosure state where foreclosures are donein the open, Michigan is a non-judicial where foreclosures get buried until one day they boil up from the ground like the toxic waste that bubbled up from the ground at Love Canal thirty years ago.
Notary fraud in Michigan is supposed to be investigated by the Secretary of State’s office. Unfortunately, any investigation done by Michigan’s new Republican Secretary of State, Ruth Johnson may be considered tainted due to her political ties to both Linda and Alison Orlans. Linda Orlans and her daughter Alison gave Ruth Johnson’s Secretary of State campaign $7200 last year. The Orlanses also gave quite generously to the Michigan Republican Party.
It will be interesting to see how this plays out over the next few weeks.