This opinion is what you would expect from cases like this.
Missouri Court hammers Wells Fargo with $2 Million
in punitive damages for its outrageous conduct

Title quieted in the homeowner!
The Court finds Defendant Wells Fargo's attitude toward Plaintiffs unfathomable. The incredible effort made by Plaintiffs to keep the property they so clearly love should have been commended, not condemned. Wells Fargo's decisions to renege on its promises and contract, and to deceive Plaintiffs with the pledge to cancel the foreclosure sale, were outrageous and reprehensible.

Foreclosure echo
Former homeowners face huge insurance claims
The lawyer represented a mortgage insurance company Galindo had been paying premiums to for years. He’d never given his insurance policy much thought – it was just something he had to buy to qualify for a mortgage since he couldn’t afford a big down payment. He thought it would help him if he got in a bind. Too late, Galindo realized that the policy only protected the bank, and nothing prevented the insurer from coming after him for losses related to the foreclosure.

Ocwen and Bondholders Clash Over Mortgage Services
In a letter to the bondholders’ lawyer, Ocwen’s lawyer Richard A. Jacobsen said the group’s “ultimate objective” was to “stop servicers from modifying loans and force them to foreclose on and evict as many homeowners as quickly as possible.”(Since it opened in the 1980's, Ocwen's business model is to foreclose and evict - not 'service'. Servicing is the front to access free homes and equity. - MSF)


LOST EQUITY? NOT LOST, BUT STOLEN.
WE CAN, AND MUST TAKE IT BACK!

Wall Street's Achilles Heel may be hidden in plain sight
As these boardroom and courtroom battles play out, millions of distressed home owners' lives have been ripped apart: upset, stressed, their health and well being threatened, marriages dissolved and families splintered. We must mount a successful challenge against an enormous foe to stop all mortgage foreclosures and then move to recover our homes and lost equity.

Ocwen Agrees to $2.5 Million Settlement for Failing to Provide Loan Information
The settlement also prohibits Ocwen from taking on any new California customers until the DBO determines the firm can fully respond in a timely manner to future requests for information, and the DBO will drop its effort to suspend Ocwen’s license in California.

From our case archives:
COPY OF NOTE IS NOT ENOUGH

BLAIR v. HALLIBURTON
In the 1970's case, the court wrote in its two-page opinion: "We have judgment being granted solely on the pleadings, with a "copy" of a note a part thereof. That is not enough. He was faced only with pleadings -- no proof... pleadings alone will not raise a fact issue."

A FORGED DEED IS VOID AND DOES NOT PASS TITLE
"In an issue of first impression, we must decide whether an affirmative defense of forgery, supported by an affidavit alleging that the defendants’ signatures on a deed of trust were forged, raises a genuine issue of title intertwined with the issue of possession sufficient to deprive a justice court of jurisdiction in a forcible detainer action.
We hold that it does."
(“A forged deed is void ab initio and inoperative. . . . Thus, when a document is void or void ab initio, it is as if it did not exist because it has no effect from the outset.”); (“A forged deed, or deed of trust, is void, and does not pass title to land.”)
OCWEN stock down almost 40%
Ocwen Financial Corporation is a provider of residential and commercial mortgage loan servicing, special servicing and asset management services, and is currently under investigation.

Now this...
California Moving to Suspend Ocwen’s Mortgage License
For at least 20 years, Ocwen has been a major player engaged in the theft of homes (land) and wealth from homeowners.
UNANIMOUS Decision from SCOTUS!
Court clarifies rules for rescinding mortgages
JESINOSKI v. COUNTRYWIDE
Held: A borrower exercising his right to rescind under the Act need only provide written notice to his lender within the 3-year period, not file suit within that period. Section 1635(a)’s unequivocal terms—a borrower “shall have the right to rescind . . . by notifying the creditor . . . of his intention to do so” (emphasis added)—leave no doubt that rescission is effected when the borrower notifies the creditor of his intention to rescind. This conclusion is not altered by §1635(f), which states when the right to rescind must be exercised, but says nothing about how that right is exercised. Nor does §1635(g)—which states that “in addition to rescission the court may award relief . . . not relating to the right to rescind”—support respondents’ view that rescission is necessarily a consequence of judicial action. And the fact that the Act modified the common-law condition precedent to rescission at law, see §1635(b), hardly implies that the Act thereby codified rescission in equity. Pp. 2–5.
You Won't Believe What Decided the Fate of Foreclosure Cases
at the 4th DCA

"Normally you see discrepancies of this nature within different circuits. But what we're seeing in the Fourth is discrepancies among themselves. In the end it doesn't help anybody when you have inconsistent rules." - attorney Roy Oppenheim
What about the thousands of illegal foreclosures?
Debt Buyer Faces Fine and Loss of Thousands of Court Judgments
The Encore Capital Group is expected to vacate 4,500 court judgments and pay a $675,000 fine to New York State over concerns that it filed thousands of flawed debt collection lawsuits against residents.
Billions in settlements TO the government, however, not a nickle towards vacating illegal or void foreclosure judgments.
Osceola County set to take on Fraudulent Foreclosures
The clerk of the court is about to authorize an audit of the court's records to see if banks have used faked documents to take people's homes. "A certain amount of foreclosures are legit. But for the most part - they are not," said a forensic auditor, adding "They are fabricating documents to give the illusion that they are the true owners of the Notes. The audit will look at foreclosure filings for the last two years to see if any of the documents were used to illegally take over other homes. This audit should have been done 20 years ago.
Bank of America's Manufactured Foreclosure:
Evan Rosen Wins Trial for Client Who Never Missed a Payment
I thought their arrogance and disregard for truth, justice or fairness was unparalleled, but I was wrong. They later surpassed themselves. Even after Bank of America and their lawyers lost, they still kept pushing to take this person’s home away based on their own fabricated default. The homeowner was chairman of the banking and finance committee.
Removing commonsense to create a conflict.
Oral Argument Preview:
More Procedural Issues on Standing in Foreclosure Cases
On January 14, 2015, the Supreme Court of Ohio will hear oral argument in the case of Wells Fargo v. Horn. The issue in this case is whether Fed. Home Loan Mtge. Corp. v. Schwartzwald requires a plaintiff to attach evidence of standing to the complaint, or whether it is proper for plaintiffs to clarify standing through sufficient evidence provided at a later stage of the litigation.
Why should an innocent person be forced to bear the expense and hardship of frivolous litigation brought by a plaintiff who lacked standing to file the action? Now the defendant has suffered damages, in part, by the court's failure to demand a plaintiff meet its prima facia burden of proof before the case is filed. - MSF
Homeowner Wins Appeal Against Nationstar
"Without notice to Morlock or his counsel, Nationstar moved for the issuance of a default based on Morlock's alleged failure to file a responsive pleading, and the trial court granted that motion." (Actually, Morlock filed his response twice.)
Morlock v. Nationstar
Another Nationstar case Reversed for No Notice
Stevens v. Nationstar
965 Homeowner Mass-Joinder Moves Forward
Against Major US Banks & Mortgage Lenders

Case touted as “a major case breakthrough for homeowners who want to move forward in their cases against major US banks and mortgage lenders.” The Third Amended Complaint was over 3,000 pages.
Petersen v. Bank of America
Colorado AG charges two more foreclosure-mill law firms with FRAUD
Inflated fees and non-existent title insurance policies.
"For abusing the foreclosure process for their own profit, eight Colorado foreclosure law firms have now been targets of investigation by my office," Suthers said in a statement. "It is my hope that these actions will result in greater transparency and fairness in the legal processing of foreclosures."
OCWEN investigation found evidence of wrongful foreclosures.
Ocwen Chairman to Step Down
in Settlement With New York Regulator

Ocwen will also pay $100 million for foreclosure relief and community redevelopment programs and $50 million to New York residents whose mortgages have been serviced by the company. New York borrowers whose houses have been foreclosed by Ocwen since January 2009 will receive $10,000 each.

Hey, sorry we stole your home, all your equity, ruined your life and health, kept you in court for years, and all the multiple damages you suffered. Here's $10,000 to make us even. We would give you more, since we made a killing committing all the crimes against you using your property we didn't even own, but we do need our profit to pay off judges, sheriffs and other conspirators.
OCWEN's 8K SEC Filing
Countrywide Whistle-Blower to Receive More Than $57 Million
A former Countrywide Financial executive who became a financial crisis whistle-blower is collecting more than $57 million for his effort in helping federal prosecutors force Bank of America to pay a record $16.65 billion penalty in connection with its role in churning out shoddy mortgage securities.
The BANKSTERS ARE DOING THE SAME THING
WHY AREN'T THEY GOING TO JAIL?

Felony Complaint
for title fraud, forgery, grand theft of property, conspiracy, etc.
Use this to help write your police report against bank attorneys.

Pair Arrested for Stealing Title on Home and Selling it for Profit
Amazing how quickly the DA arrests and indicts INDIVIDUALS for forging robo-stamped docs to take title to a home and sell it for profit, yet the BANKSTERS and their LAWYERS do hundreds of thousands of them THE SAME WAY with impunity. - attorney ND
Former Foreclosure-Mill attorney hit with wrongful foreclosure
She may turn out to be a tougher foreclosure than most; she once worked as a loan-enforcement lawyer at Polsinelli, a law firm that made a bundle during the foreclosure crisis.
GETTING YOUR HOUSE BACK:
RIGHT OF REDEMPTION IS WORTH A TRY

The banks are fighting this tooth and nail because of their fear of liability from insurers, investors, guarantors and counterparts on hedges like credit default swaps — all vehicles for the effective sale of the same loan over and over again. This means they could have a liability for as much as 5-10 times the stated amount on the note. So they want the foreclosure sale even if it nets nothing and the property is abandoned.

Get Your House Back After Foreclosure?
Every state allows struggling homeowners to buy back their properties before the homes are lost to foreclosure sales. In about half the states, even foreclosure isn't the final word: Defaulting borrowers may have one last chance to get back their homes.
Tampa couple wins $1M from Bank of America in robocall suit
The judgment amount is based on $1,500 per computer call. "If the court finds the calls were willfully and knowingly placed, it provides for trebling the damages."
Court: "Whichever way one comes at it,
the McLeods’ Motion to Dismiss must be granted."
Deutsche Bank Fails Again
A prior state court judgment bars the relief Deutsche Bank seeks, so the Bank cannot state a claim upon which relief can be granted. Deutsche Bank refused, in five years of further proceedings following entry of that judgment, to ask the state court to fix the supposed error, and it refuses even now to make that request in post-judgment proceedings. This dismissal will leave Deutsche Bank free to seek correction in the state court, if it can justify its five-year delay, or to reacquire the note and deed of trust from the current holder. Congratulations to attorney Beth Findsen.

The biggest investment most Americans will make is now the target of the biggest financial crimes in history and labeled:

"The Perfect Crime."

When fully exposed, this will make Enron look like a parking ticket.

- MSFraud 2003 -

From the 2005 transcript of hearing in MERS v. Cabrera

"It truly concerns me, however, that thousands and thousands -- thousands and thousands of mortgage foreclosure actions have been filed with these allegations. I am not certain what remedy, if any, these people would have were it to be determined that MERS was not ever the proper party notwithstanding that these folks [might] have been in default what their recourse, if any, would be. I'm not certain with the satisfaction of mortgages that have been filed on behalf of MERS how good those are and I am not certain how good title to property is that people bought at these foreclosure sales if it turns or becomes established that MERS was indeed not only not the right party but misrepresented by way of their pleadings and affidavits that they held something they didn't own, so I'm not certain of the consequences but it seems vast."
- The Honorable Judge Jon Gordon - September 2005 (Emphasis added)


PAST HEADLINES



Latest Posts to The Forum


Homeowners SuperPAC Has Launched Facebook & Twitter
We need to reach and every homeowner in the nation to help us become the powerful lobby needed to make the necessary changes in the mortgage lending industry. Now is the time to “Friend” Homeowners SuperPAC on Facebook and Tweet all of your friends to follow at: https://twitter.com/HSuperPAC

If our efforts help you, please





Required reading for judges and should be cited to in every brief.
FORECLOSURES SKYROCKET
Not a single family who had their house illegally seized by the banks were returned to their home.
FORGED SIGNATURE WIPES OUT MORTGAGE


Max Gardner's Dirty Dozen Rules for Ownership of the Mortgage Note
WHEN ATTORNEYS FIGHT
JUDICIAL CORRUPTION

Free Online book
Florida’s Kangaroo Foreclosure Courts: Judges Denying Due Process on Behalf of Banks
The Banks Lost the Notes:
This is no Joke!

Max Gardner's Top Tips for
Fake Mortgage Documents

Homeowner Suffers Horrific Injustice
at the Hands of JPMorgan Chase

QUIET TITLE ACTIONS - PART I & II


Max Keiser interviews former Asst. Secretary of Housing Catherine Austin Fitts
at counter 12:48 & 19:30
When mortgages were offered there was fraud in the inducement, fraudulent securitization, and then fraudulent foreclosures.

Tracking Financial Crisis Cases


How to Reverse a Home Foreclosure Sale







The 2008 Crisis was Avoidable


Obtaining Due Process in Non-Judicial Foreclosure States


FORECLOSUREGATE: It's FRAUD




HOW TO FIGHT TO SAVE YOUR HOME


Mortgage Banking Licensee List - Servicers Only


UNBELIEVABLE FORECLOSURE STORY!


Foreclosure Case Killer- The Subpoena Duces Tecum


The Sidebar | What is an Assignment of Mortgage


Access to Justice: Opening the Courthouse Door


Following Up On Foreclosures


Getting Back Your Home AFTER Foreclosure Sale


WHO CAN LEGALLY ENFORCE A MORTGAGE AFTER A “LANDMARK” CASE?


Finding the Fraud in the Loan Documents

The GSE Business Model is FATALLY Flawed


DOUBLE FUNDING, FABRICATION OF DOCUMENTS AND FORGERY OF SIGNATURES REVEALED


Basic Foreclosure Litigation Defense Manual


FORECLOSURE DEFENSE 101


HOW THE FBI BLEW IT


The Banks and Our Government continue to cover up the FRAUD


SHOW SOME OF THAT GOOD OLD AMERICAN OUTRAGE!: DON’T LEAVE YOUR HOME, STOP BLAMING YOURSELF FOR WHAT YOU DIDN’T DO, AND TAKE RESPONSIBILITY FOR WHAT YOU CAN DO — KEEP YOUR HOME!!!


Federal Reserve is a Ponzi scheme.


Read This If You Are Facing Foreclosure




» MERS has Destroyed the Chain of Title in America

» U.S. Bank Admits MERS Does NOT Have Authority to Assign Note

» States Fight Back Against MERS Foreclosure Fraud

» Merscorp Lacks Right to Transfer Mortgages, Judge Says

» New York continues assault on MERS

» WHEN IS FORECLOSURE THEFT?
WHEN THE MORTGAGE IS RECORDED AT MERS

» Pictures Of MERS, Part 1: Corporate Documents Illustrate The Mortgage Shell Game

» MERS Consent Cease and Desist Order

» The Meaning of MERS

» The MERS Fifty Million Mortgage Meltdown

» MERS is NOT licensed in California

» How MERS Toasted the Banks

» MERS: A Survey of Cases Discussing MERS’ Authority to Act.

» NY Class-Action against MERS, Baum & HSBC

» MERS is a SHAM says judge in 2005

» Stern-MERS Class-action

» MERS Twilight Zone

» MERS was not authorized to assign anything.

» Search MERS to see if the owner or investor of your note is listed.

» MERS 101

» MERS Depositions

» MERS 2010 Deposition

» EXCELLENT MERS ANALYSIS: ILLEGAL SCHEME TO AVOID/EVADE STATE LAW, TAXES, FEES, FINES, PENALTIES

» MERS and CITI are not Real Parties in Interest

» MERS Admits NO Interest in Mortgage and No Loss On Default

» A Florida Solution to the MERS Mortgage Foreclosure Crisis & Fiasco and why Every Foreclosure of a MERS Mortgage done in Florida deserves to be REVERSED.

» How to Attack MERS and WIN!

» Has A MERShole Opened Up?

» MERS does not have standing

» MERS - relief from stay Denied

» Kansas Supreme Court Knocks Out MERS

» Nevada BK Court Knocks Out MERS

» MERS loses again. This time in Texas

» MERS loses in Idaho

» MERS Accused of Illegal Shortcuts to Speed Foreclosures

» The MERS Experience

» MERS Affidavits (Girdvainis case)

»Supplemental Order (Girdvainis case)

» MERS 2005 hearing transcript in Cabrera

» Why You Don't Owe The Money

» Obtaining Due Process in Non-Judicial Foreclosure States

» ABUSIVE LENDERS AND BROKERAGES THAT FINANCE THEIR DEALS

» 99 YEARS for Mortgage Fraud

» Show Me the Original Note and I Will Show You the Money

» The Lack of Evidentiary Foundations Fosters Fraud

» Transforming Homeowner Violence Into A Mortgage War Plan

» Protest stops eviction by Bank of America

» Jury awards couple $10.6 million in bank case

» Jury gives woman $1.25M in lawsuit over mortgage

» $3.4 Million Dollar Jury Verdict For Wrongful Foreclosure

» EMC Mortgage/JPMorgan Chase cleans out the wrong house!

» The CRIMINAL Case against BEAR STEARNS begins

» Who Owns My House?

» Mortgage fraud --the worst crime no one's heard of

» Supreme Court rules that campaign contributions can create perception of judicial bias

» Dozens of Cases Rolling in from Bankruptcy and Civil Courts Reversing Foreclosures,Evictions

» Misbehavior and Mistake in Bankruptcy Mortgage Claims

» 25 People to Blame for the Financial Crisis

» Have you been hurt by EMC Mortgage Corporation? You are not alone...

» Responding To The Foreclosure Crisis

» FTC check for EMC's ILLEGAL Practices

» Bear Stearns and EMC Mortgage to Pay $28 Million to Settle FTC Charges of Illegal Mortgage Servicing and Debt Collection Practices

» Bear Stearns & EMC Agree to Pay $28 Million in Settlement...but what about the homeowners who lost their homes due to EMC's fraud?

» BRINGING DOWN BEAR STEARNS

» The Housing and Economic Recovery Act of 2008 - Catherine Austin Fitts

» SCHUMER

» Predatory Lenders' Partner in Crime - How the Bush Administration Stopped the States From Stepping In to Help Consumers

» Appeal of Ocwen Loan Servicing, LLC, and Moss, Codilis Stawiarski, Morris, Schneider & Prior

» UNITED STATES SECURITIES AND EXCHANGE COMMISSION BEING CHARGED WITH NEGLIGENCE IN MORTGAGE INDUSTRY

» Judges as Criminals - Circuit Court a Criminal Enterprise

» AG Swanson wants criminal penalties for unscrupulous lenders

» Firm ordered to end lending practices

» Losing Ground - A Report

» NIGHTMARE MORTGAGES

» FANNIE MAE FACADE

     - Consent Order


» More Mortgage Lenders Targeted!

» The OCWEN Story

» EMC Mortgage investigation

» Ameriquest to Pay $325 Million

» Limiting Abuse and Opportunism by Mortgage Servicers.

» Has Predatory Mortgage Servicing Destroyed the American Dream?

» Order Regarding Standing of MERS to Foreclose on Behalf of Others.

» Federal Judge Says Legal System Corrupt Beyond Recognition.


YOU ARE NOT ALONE!





WAMU Securitized Faulty Loans


Robo-signed mortgage docs date back to late 1990s


John Hancock Life v. JPMorgan, EMC Mortgage, Bear Stearns


It is well enough that people of the nation do not understand our banking and monetary system, for if they did, I believe there would be a revolution before tomorrow morning. Henry Ford - 1922









"What they are doing to these people is despicable, and it is absolutely wrong."

Senator Barbara Mikulski (D-Md) - 2003

"The bank had engaged in "harsh, repugnant, shocking and repulsive" treatment of the homeowner"

Justice Spinner - 2009

"Nevertheless, Fairbanks in a shocking display of corporate irresponsibility, repeatedly fabricated the amount of the Debtor's obligation to it out of thin air. There is no other explanation for the wildly divergent figures it concocted."

2002 WL 1586325 (Bankr.D.Mass.- 2002)

The arbitrator found EMC's conduct "reprehensible and outrageous and in total disregard of (the Starks') legal rights."

(Kansas City Star -2004)

Wells Fargo’s actions were not only highly reprehensible, but its subsequent reaction on their exposure has been less than satisfactory. There is a strong societal interest in preventing such future conduct through a punitive award.

Jones v. Wells Fargo 2012

Plaintiffs were severely damaged; Wells Fargo took its money and moved on, with complete disregard to the human damage left in its wake. The Court finds Defendant Wells Fargo's attitude toward Plaintiffs unfathomable. The incredible effort made by Plaintiffs to keep the property they so clearly love should have been commended, not condemned. Wells Fargo's decisions to renege on its promises and contract, and to deceive Plaintiffs with the pledge to cancel the foreclosure sale, were outrageous and reprehensible.

Holm v. Wells Fargo ($2 Million punitive award) Jan, 2015