Aurora - IndyMac - BoA - Hid Documents

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#BlackMonday – How Balboa Hid Documents for
IndyMac and Aurora
Written by ExBofAEmployee1 on March 23rd, 2011. Posted in Bank of
America, Corporations

Attorneys and Attorney Generals nationwide have been working

diligently against the banks in order to keep their clients in their homes.
You must keep in mind that there are several levels of indiscriminate
behavior going on, keeping these efforts at bay. For now, however, I
will give you a general overview of how some of the tracking
systems interact and how the reporting works, so that those with
the power to subpoena documents for their clients know where to
find the correct documentation to support their individual cases,
because as Abigail Fields points out, “It would certainly be
provable/disprovable by subpoenaing documents.”

In order to do that, however, an attorney would need to know where to

look. If you were to only subpoena generic loan information, you
will only be provided with the System of Record (SOR) data, which
previous posts have clearly proved do not show the full picture as
there are several common ways of removing information from the
system of record both individually and en masse. As the email trail
clearly shows, there is always an audit trail in the back end if you
know what to ask for.

Some of the more common scenarios are:

They foreclosed on my property without proper

documentation
This is a difficult one to prove, but it can be done with proper timing. As
mentioned in previous posts, there are multiple departments under
the document tracking umbrella, but as a prosecuting attorney
against Bank of America, the easiest place to start looking
is in the Balboa mail room.
Mailed documentation is important, because if you time it right, this
is going to be your first point of reference when locating your
“lost” deed of trust, promissory note, mortgage, etc.

The first documentation you, as an attorney, will want to subpoena

is the servicing contract between the insurance tracker (Balboa,
Assurant, etc) and the loan servicer (GMAC, Aurora Loan Services,
OneWest, GMAC, Wells Fargo, BAC, etc). These can be obtained by
an Operations Account Manager for that specific account (the
department is managed by Jeremy Dahl, who once again reports to
Rhonda Meyers). For each loan servicer, Balboa maintains at least
1 OAM who works at the mortgage lender’s office and 1 OAM who
works at a Balboa office in order to maintain constant
communication. In addition, every week, these OAM’s hold 1
internal call amongst department managers to discuss outstanding
issues and 1 external call which includes management from the
loan servicer. After each call, documentation and meeting minutes
are distributed to all members of Balboa management so that they
are all made fully aware of what was discussed and the progress of
any dealings. These meeting minutes are then stored in yet
another share drive.

Each contract contains quite a bit of information, but you want to

look specifically for the information regarding the Service Level
Agreement (SLA), Return to Lender (RTL), and Unable to Locate
(UTL) documents. What you are looking for specifically is: a) How
long the insurance tracker is required to keep a non-insurance
related document, and b) How the insurance tracker is required to
process a non-insurance related document.

Why is this important?

One loophole often exploited by the mortgage servicer to “lose”

documentation is hidden in this system. There are 2 ways to prove
this:

1-Mass Scale
When IndyMac and Aurora were taken over by the Feds/filed
bankrupcty, what they did to exploit this loophole was simply box
up all of the files they didn’t want anybody to see and sent them to
Balboa. Balboa took care of them, because: a) The document
remained in possession of the insurance tracker for 90 days
according to the SLA cited in the contract, and b) Any documents
that had the lienholder’s (or an acceptable subsidiary’s) name on it
was returned to them after the 90 day period according to the RTL
guidelines in the contract, while any documentation where the
lienholder information was missing (scratched out, torn off, etc)
was shredded per the UTL guidelines in the contract.

In order to prove this scenario, you will also need to subpoena and
review (in addition to the lender contract) the full range of volume
tracking documents for the date ranges the Feds would’ve been
checking records (these are stored on shared tracking drives
located in Simi Valley, CA, Plano, TX, and Chandler, AZ), as well as
a few weeks before and after. The volumes are recorded at each
step of the mailroom process via MS Excel spreadsheets and MS
Access databases (review Microsoft’s EULA for information on
how to obtain this information). The volumes are tracked
throughout several internal share drives, SQL databases,
Sharepoint sites, and even on paper documents stored in filing
cabinets by Rhonda Meyers and several other AVP’s throughout
Balboa. If you were to subpoena and review these specific
documents (whether obtained through BAC, Balboa, or Microsoft)
for the date ranges surrounding any date federal regulators were
physically auditing Aurora Loan Services and IndyMac Bank, you
will notice the following irregularity:

On a high volume tracking level, you will see an influx of physical

documents received by the Balboa mailroom within 3-5 business
days of any timeframe in which the Feds were investigating actual
documents at Aurora & IndyMac. You will also notice that the influx
of incoming physical documents during your target date range
inconsistently affects the relative amount of RTL & UTL documents
when compared to the ratios outside the target range or when
compared to EDI (Electronic Document Images) or Faxed
documents, as all of these incoming document sources are
tracked separately for purposes of the contractual SLA.
If you wanted to further prove the point, you can also subpoena the
signed delivery records kept by both FedEx/DHL/US Postal Service
and the Balboa mailroom (again, run by Rhonda Meyers and
tracked via MS Excel spreadsheet in various share drives) in order
to see where these large volumes came from. You can find the
information in the loan servicers’ expense reports as well, because
large boxes haphazardly filled with documents are surprisingly
heavy and cost quite a bit to ship. Accounting records for Aurora,
IndyMac, and Balboa will show this scenario happened and it is
indeed traceable.

As an added side affect of an assembly line production environment,

you can even subpoena the Balboa employee timesheets (which,
like all other records mentioned, are tracked indefinitely) and
production logs for the same timeframe in order to identify which
associates were working in the mailroom at that time, locate
overtime inconsistencies, etc. Why would you do
that? Anomalies don’t just show up in the system. They stick out in a
human being’s memory as well. In an assembly line production
environment you’re used to consistency. The same thing happens all
the time with very few exceptions. No matter how many years go by,
you will always remember the timeframes when something out of the
ordinary occurred, such as:

The times you had to cancel your evening plans to work late because of
higher than normal volumes

The times you had to sort through a bunch of unorganized boxes and
nobody bothered to tell you why when you asked

The times you had to keep going through a bunch of embossed manila
certificates and 15-20 page documents that had nothing to do with your
job in insurance

You will not be able to document exactly who these documents

belonged to utilizing this method, but you will be able to prove the
high volumes of documents and type of documents quite easily.
Keep in mind that one thing a mailroom associate specializes in is
learning and recognizing document types at a very quick pace so
their expert testimony in such a case would prove invaluable
despite the executives at these companies believing otherwise.
2-Individual Document

This method is identical to the previously outlined method, however in

order to catch the hand in the cookie jar, you have to find a way to
search the mailroom within the SLA. I am not aware of a legal way to
do this so I will skip ahead to the next scenario.

*Note – Please keep in mind that the mailroom of an insurance tracking

center does have windows, and human beings love sunlight, so it is not
only possible, but quite simple to catch the crook with their hand in the
cookie jar.

They are inflating my loan balance, decreasing my escrow

account, not paying my premiums, etc

Payment-related issues are an entirely different beast. While the

above scenarios may also apply (escrow payments, claims checks,
insurance payments, etc are processed within the same mailroom), they
are not necessary, because a financial institution has countless
reports and tracking systems to track payments. Some common
systems utilized to track payment and escrow information are the FAS
Collateral Command System, several AS/400 system‘s including
Fidelity’s LPS system, Rembrandt, and the hopelessly-outdated-yet-
somehow-still-in-use BOSS system. In addition, the Balboa PAC
system (another AS/400-based system) tracks all information on
yet another hidden back end to a back end.

All of these systems aside, keep in mind that all transactions between
systems (especially financial and foreclosure related) are tracked
through various reports provided by Fidelity systems and tracked
in web-based filing cabinets (labelled Balboa_IT_CCS and Balboa)
in a system called AXSPoint (or COOL). Every change, no matter
how minor is stored on a report there, including escrow analysis,
force placed insurance placement, voluntary policy cancellation,
loan transfers, HELOC/2nd mortgage requests, claims, claim
payments, etc. Simple queries can also be run via a web-based
application called Fidelity Passport in order to pull loans with
specific lender codes, investor codes, etc. If you do not know your
lender/investor’s specific code, it can be found utilizing this
system’s query creator, as there is an option to allow each
associate to pull a description of any code in the Fidelity LPS
database. As far as I’m aware, Internet Explorer is needed to access
these databases.

I hope this FAQ has proved helpful for those in need of direction.

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