AHMS agents falsely claimed that homeowners did not make payments so the agents could justify profitable late fees or escrow accounts. The defendant also failed to properly credit homeowners after AHMS agents withdrew funds from the homeowners’ checking accounts. Because of the defendant’s unlawful conduct, homeowners defaulted on their loans, leading to foreclosure proceedings.
The State is also seeking civil penalties of up to $20,000 per violation of the DTPA.
An Arizona man has filed a $100 million lawsuit against Bank of America. He says the bank told him they would help modify his home loan, but instead sold his million-dollar home at auction for a fraction of what it was worth.
JUDICIAL FRAUD,
CONSUMER EXPLOITATION, GOVERNMENT SCAMS”
“If foreclosures continue to mount and depress home prices, that could send the economy back into a recession.”
“foreclosure mill” attorneys and banks.
The action seeks to return tens of thousands of foreclosed homes to their owners, or the values thereof, and hundreds of millions in punitive damages against Baum, MERSCORP and HSBC.
Dismissal With Prejudice
All across this country some judges have become numb to the fraud that is being committed in their courtrooms. Some judges are afraid to call it what it is and to be direct and clear about the seriousness of the violations.
BANKS BREAKING INTO HOMES
NEED HELP WITH A PRECEDENT SETTING CASE! California is following in the footsteps of Tennessee. Recent Sup. Ct. rulings held that MERS is not the holder in due course (real party in interest) of any property and never was. This can have devastating repercussions for the mortgage industry, not just MERS, because there is no valid chain of title. People who are being foreclosed upon, or have been foreclosed upon, now have an equitable remedy. These people should now be able to win in court and have their mortgage nightmares settled. Some people are able to keep their homes, as banks fear losing far more in class-action suits. Now California is getting in on the action and suing MERS for filing false records in every county in the state since MERS began over 10 years ago. Carrying a possible fine of $5-$10K a pop, this could amount to millions and possibly billions of dollars in penalties against MERS. This is money the counties desperately need. This could mean that anyone with a mortgage may have it immediately settled and the true owner will get the title free and clear due to fraud, which has no statute of limitation. Lawful owners will have recourse to sue for fraudulent foreclosure. Let's see what happens.
Go to July 8, 2010 and click on Hour 2. Start that counter at 9:00
and recover proceeds for victims of financial crimes.
U.S. Department of Justice
Fraud, Lies and Deceit
(Separation of Note & Mortgage is Fatal)
"In the event that the note and qhe deed of trust are split, the note, as a practical matter becomes unsecured. The practical effect of splitting the deed of trust from the promissory note is to make it impossible for the holder of the note to foreclose, unless the holder of the deed of trust is the agent of the holder of the note. Id. Without the agency relationship, the person holding only the note lacks the power to foreclose in the event of default. The person holding only the deed of trust will never experience default because only the holder of the note is entitled to payment of the underlying obligation. Id. The mortgage loan became ineffectual when the note holder did not also hold the deed of trust." Bellistri v. Ocwen
By George W. Mantor RISMEDIA, April 6, 2010—It’s been more than three years since I wrote an article about mortgage servicing fraud. Since then, we’ve had a complete meltdown of our financial system, a thorough looting of the American tax payer, the destruction of the middle class, and just about every other indicator of quality of life has tanked alarmingly.
At the same time, financial intermediaries were able to reap huge profits, receive TARP funds to which they were not entitled and didn’t need because they had no real losses, and funneled it all into bonuses that catapulted number crunchers to oil Sheikdom wealth.
This didn’t happen by circumstance, but is instead part of a large and well-organized fraud wherein all of the evidence points directly back to “too big to fail institutions” that are, apparently, too big to prosecute as well.
American Casino movie trailer from Leslie and Andrew Cockburn on Vimeo.
STOP Foreclosure FRAUD Here's How They Do It.
2/11/2010 Amendments To The Florida Rules of Civil Procedure regarding FORECLOSURES. You can read the MBA's comments and Deficiency Bill here.
An Anarchist’s Strategy To Dismiss Every Foreclosure In Florida.
It takes an Indiana Appellate Court to reverse and stop JPMorgan Chase/Ocwen's attempt to foreclose on a Chase discharged mortgage.
The People of New York v. Bank of America
MSFraud Forum Crosslinks, Findings and Case Citations add to Ohio Federal Court Case Discussions
Plaintiff Mortgage Electronic Registration Systems, Inc.’s foreclosure action is DISMISSED for lack of standing. Accordingly, the Court’s Order, issued August 27, 2009, granting plaintiff’s Motion for Default Judgment against the defendants Frank and Ellen Johnston is VACATED.
MBIA sues Credit Suisse, DLJ Mortgage and Select Portfolio
MERS SMACKDOWN in NEVADA!!!
DEUTSCHE BANK SUES BANK OF AMERICA !!!
Judge Blasts Bank's Foreclosure Conduct and Cancels Mortgage
Ohio Attorney General files complaint against American Home Mortgage
Mortgage debt waived after bank can't find paperwork
The Next Financial Crisis Hits Wall Street, as Judges Start Nixing Foreclosures
TYING IT TOGETHER: MASSIVE, PERNICIOUS FRAUD
Ruling could UNDO Thousands of Foreclosures Bank(s) Lose When Judge Understands the Banks' Scam
Ohio Supreme Court Lets Wells Fargo v. Jordan Stand. Foreclosure Plaintiffs Who Do Not Own the Mortgage at the Time of Filing Lack Standing to Pursue Cases
SPECIAL FEATURE: Inside The Banking Crisis
The Near Financial Collapse - One Year Later. LANDMARK DECISION Massive Relief for Homeowners and Trouble for the Banks
REVERSING DEFAULT
FORECLOSURE FRAUD and SECURITIES FRAUD are
THE CAUSES OF THE ECONOMIC CRISIS!
BAIL OUT THE VICTIMS OF THE BANK'S FRAUD...
NOT THE BANK'S FRAUD!- The Honorable Judge Jon Gordon - September 2005 (Emphasis added)
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