Daily News related to the Foreclosure Crisis

The biggest unpunished heist in human history - Max Keiser

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Mortgage Servicing Fraud
occurs post loan origination when mortgage servicers use false statements and book-keeping entries, fabricated assignments, forged signatures and utter counterfeit intangible Notes to take a homeowner's property and equity.
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12/28/17

Don’t get Grinched by opportunistic Servicers

Living Lies

Don’t get Grinched by opportunistic Servicers
A trusting couple in Ohio experiencing financial issues fell for a servicer’s bogus promises. When the husband lost his job several years ago, he fell behind on his mortgage and foreclosure loomed on the horizon.

12/27/17

Corral v. Select Portfolio Servicing, Inc. et al | 9th Cir

Stopforeclosurefraud.com

Corral v. Select Portfolio Servicing, Inc. et al | 9th Cir
Categorized | STOP FORECLOSURE FRAUD – “HBOR” We hold that thevalue of the property or amount of indebtedness are not the amounts in controversy in such a circumstance.

12/27/17

Maine Case Affirms Judgment for Homeowner — even with admission that she signed note and mortgage and stopped paying

Living Lies

Maine Case Affirms Judgment for Homeowner — even with admission that she signed note and mortgage and stopped paying
While this case turned upon an inadequate foundation for introduction of “business records” into evidence, I think the real problem here

12/26/17

U.S. Bank Trust National Ass’n v. Hernandez | IL App (2d)

Stopforeclosurefraud.com

U.S. Bank Trust National Ass’n v. Hernandez | IL App (2d)
– As defendants’ mortgage was insured by HUD, it was subject to specific servicing requirements. See 24 C.F.R. § 203.500 (2014); Federal National Mortgage Ass’n v. Moore, 609 F. Supp. 194, 196 (N.D. Ill. 1985). The failure to comply with HUD’s servicing requirements is a defense to a mortgage-foreclosure action.

12/26/17

Rescission Precision Goes to U.S. Supreme Court Petition for Mandamus

Living Lies

Rescission Precision Goes to U.S. Supreme Court Petition for Mandamus
10 years ago, seeing where the foreclosure wave was going and watching court cases, I said on these pages that the only solution to these foreclosures is Mandamus.

12/24/17

Attorney Dan Khwaja: Major reversal in Illinois in US Bank NA v. Hernandez

Living Lies

Attorney Dan Khwaja: Major reversal in Illinois in US Bank NA v. Hernandez
Sometimes its the little victories that make a difference. In USBank NA v. Hernandez, the Illinois Appeal court reversed an earlier summary judgment obtained by skirting Illinois consumer protections.

12/22/17

PUERTO RICO HOMEOWNERS BRACE FOR ANOTHER DISASTER: FORECLOSURES

The Intercept

PUERTO RICO HOMEOWNERS BRACE FOR ANOTHER DISASTER: FORECLOSURES
Lenders To Puerto Rican homeowners have kicked foreclosures into high gear in the aftermath of Hurricane Maria, skirting local and federal borrower protections.

12/22/17

How to Get Away With Bankruptcy Fraud

ProPublica

How to Get Away With Bankruptcy Fraud
Los Angeles is the nation’s hub for bankruptcy crime. Scammers prey on struggling homeowners with little fear of getting caught, because criminal enforcement of bankruptcy laws is rare.

12/21/17

Cleaning Up the Paper Trail

DSNews

Cleaning Up the Paper Trail
Our industry learned a great many lessons in 2007 and the years that followed. When the financial crash sent one out of every 10 homeowners into default, the foreclosure industry was forced to deal with a workload it had never anticipated.

12/21/17

New Residential and Ocwen Financial Announce Agreement Relating to Approx. $110B Mortgage Servicing Rights Transfer and Subservicing Agreement

Stopforeclosurefraud.com

New Residential and Ocwen Financial Announce Agreement Relating to Approx. $110B Mortgage Servicing Rights Transfer and Subservicing Agreement
NEW YORK & WEST PALM BEACH, Fla.–(BUSINESS WIRE)–New Residential Investment Corp. (NYSE:NRZ, “New Residential”) and Ocwen Financial Corporation (NYSE:OCN, “Ocwen”) today announced

12/19/17

Pushard v. Bank of America N.A.

Stopforeclosurefraud.com

Pushard v. Bank of America N.A.
| Plaintiffs were entitled, as a matter of law, to the declaratory relief they sought. … We therefore must vacate the judgment in the Bank’s favor on the Pushard s’ claim for declaratory relief and remand the case to the trial court to enter a judgment declaring that the note and mortgage are unenforceable and that the Pushards hold title to their property free and clear of the Bank’s mortgage encumbrance

12/18/17

UPDATE FROM MIAMI: TWO DITECH ATTORNEYS SLATED TO APPEAR AT NON-JURY TRIAL FEB. 1ST!

Clouded Titles Blog

UPDATE FROM MIAMI: TWO DITECH ATTORNEYS SLATED TO APPEAR AT NON-JURY TRIAL FEB. 1ST!
Several media outlets, including the Daily Business Review, Miami New Times and Law.com are all reporting that the

12/17/17

TELL SIGTARP: WHAT ARE YOU GOING TO DO ABOUT IT?

Living Lies

TELL SIGTARP: WHAT ARE YOU GOING TO DO ABOUT IT?
Tell SIGTARP, the Troubled Asset Relief Program, to stop investigating fraud and compiling huge reports- and to DO SOMETHING FOR THE HOMEOWNERS WHO WERE HARMED:

12/16/17

If Sexual Harassers must Face the Consequences, Why shouldn’t Bank CEO’s?

Living Lies

If Sexual Harassers must Face the Consequences, Why shouldn’t Bank CEO’s?
Sexual harassers in media and Hollywood are just now paying the price for their crimes, while bankers who destroyed

12/15/17

Woman Says Bank Foreclosed On Her Home Despite Making Mortgage Payments

CBS Pittsburgh

Woman Says Bank Foreclosed On Her Home Despite Making Mortgage Payments
Imagine paying your mortgage on time every month, and your bank takes your home away anyway.

12/14/17

Investigator Bill Paatalo: Why Are The Oregon Courts Ignoring Its Own Rules Regarding The “Surrender And ‘Tender’ Of ‘Original’ Negotiable Instruments?”

Living Lies

Investigator Bill Paatalo: Why Are The Oregon Courts Ignoring Its Own Rules Regarding The “Surrender And ‘Tender’ Of ‘Original’ Negotiable Instruments?”
This is the Oregon Uniform Trial Court Rule regarding the surrender of negotiable instruments before the entry of a judgment. Oregon is typically a non-judicial

12/13/17

After the Equifax Data Breach, Why Did a U.S. House Committee Vote to Reduce Credit Bureau Consumer Protections?

Huffingtonpost.com

After the Equifax Data Breach, Why Did a U.S. House Committee Vote to Reduce Credit Bureau Consumer Protections?
During the marathon of hearings on the Equifax data breach this fall, many members of Congress expressed dismay about the lack of control consumers have when it comes to the credit bureaus.

12/13/17

Short Explanation of TILA RESCISSION vs Common Law Rescission

Living Lies

Short Explanation of TILA RESCISSION vs Common Law Rescission
Quiet title is a lawsuit not a motion. It must be worded correctly to fulfill the elements required for the court to consider the demand for quiet title. Otherwise it will be dismissed.

12/12/17

Navajo Nation sues Wells Fargo for alleged predatory tactics

Washingtonpost.com

Navajo Nation sues Wells Fargo for alleged predatory tactics
WINDOW ROCK, Ariz. — The Navajo Nation announced Tuesday that it’s suing Wells Fargo for allegedly engaging in predatory and unlawful banking practices that targeted and harmed tribal members.

12/12/17

ANFRIANY v. DEUTSCHE BANK NATIONAL TRUST COMPANY | FL 4DCA

Stopforeclosurefraud.com

ANFRIANY v. DEUTSCHE BANK NATIONAL TRUST COMPANY | FL 4DCA
– Anfriany raises substantive issues regarding the application of judicial estoppel to bar his entitlement to fees and costs, and a procedural issue. Because the trial court applied the wrong standard in dismissing the entitlement based on judicial estoppel, we reverse and remand for further proceedings

12/12/17

The Old REMIC Trusts Are Dead

Living Lies

The Old REMIC Trusts Are Dead
Why is this relevant to homeowners fighting foreclosure? Because the payment for the alleged debt creates the illusion of consideration when in fact there was nothing to sell from the REMIC trusts and the entire transaction is a sham to avoid taxes.

12/11/17

Eric Mains: #MeToo- Is Social Justice a Viable Alternative to a Flawed and Compromised Judicial System?

Living Lies

Eric Mains: #MeToo- Is Social Justice a Viable Alternative to a Flawed and Compromised Judicial System?
By Eric Mains, J.D, Former Federal Bank Regulator
In the last few months we have seen a literal wave of the wealthy and influential falling from grace, losing their positions of power and ducking for cover as their conduct becomes scrutinized in media and social media.

12/11/17

Ocwen Boarding Process Was Shot Down Last Year

Living Lies

Ocwen Boarding Process Was Shot Down Last Year
As foreclosure defense lawyers have been saying for years, the Ocwen Boarding process is a sham. “This boarding process is a legal fiction

12/11/17

Movement Mortgage to pay $1.1 million for California mortgage servicing violations

Housing Wire

Movement Mortgage to pay $1.1 million for California mortgage servicing violations
Movement Mortgage overcharged mortgage borrowers and operated in the state of California without a license, the California Department of Business Oversight said on Monday.

12/08/17

Trump: CFPB not dropping penalties against Wells Fargo, bank will be fined for mortgage issues

Housing Wire

Trump: CFPB not dropping penalties against Wells Fargo, bank will be fined for mortgage issues
Responds to Reuters report on Mulvaney pausing regulatory action

12/08/17

Loan Servicer's Attorneys Face Criminal Contempt Arraignment in Miami

Daily Business Review

Loan Servicer's Attorneys Face Criminal Contempt Arraignment in Miami
The document dispute that led to the arraignment included a midnight deposition and a Miami-Dade judge's assertion that attorneys for both sides were "idiots."

12/08/17

Are We Headed For Another Foreclosure Crisis?

Forbes

Are We Headed For Another Foreclosure Crisis?
Almost everyone agrees that the Great Recession was triggered largely by the U.S. housing bubble bursting in 2007. For years beforehand,

12/08/17

NWTS IS CLOSING ITS DOORS; SHIFTS ITS FORECLOSURE CASES TO OTHER TRUSTEE MILLS

Cloudedtitlesblog.com

NWTS IS CLOSING ITS DOORS; SHIFTS ITS FORECLOSURE CASES TO OTHER TRUSTEE MILLS
Why is everybody in the foreclosure mill and related industries pining over the announcement by several news outlets that Northwest Trustee Services, Inc. (“NWTS”) in Bellevue, Washington is closing its doors?

12/08/17

Bullseye! Investors Are “Far Removed” from Alleged Underlying Mortgages

Living Lies

Bullseye! Investors Are “Far Removed” from Alleged Underlying Mortgages
IF YOU ARE IN FORECLOSURE WITH SOME BANK CLAIMING TO BE TRUSTEE FOR CERTIFICATE HOLDERS YOU NEED TO READ THIS ARTICLE.

12/07/17

Why one in three Detroit properties have been foreclosed on in the last 15 years

Vice.com

Why one in three Detroit properties have been foreclosed on in the last 15 years
In the last 15 years, one in three Detroit properties have been foreclosed on. When most people think of foreclosure, they think of people who can’t afford to pay off their mortgages.

12/07/17

Wells Fargo sanctions are on ice under Trump official, sources say

CNBC.com

Wells Fargo sanctions are on ice under Trump official, sources say
The new acting head of the U.S. consumer finance watchdog is reviewing whether Wells Fargo should pay tens of millions of dollars

12/07/17

HSBC Bank USA v. Yamashita | ICA Hawaii

Stopforeclosurefraud.com

HSBC Bank USA v. Yamashita | ICA Hawaii
– HSBC Failed to Demonstrate it Was in Possession of the Note and Allonge at the Time This Action Was Commenced, Motion for Default & SJ Vacated

12/07/17

Bank Fabrication and Fraud Causes Rise of New “Industry” — Phantom Debt

Living Lies

Bank Fabrication and Fraud Causes Rise of New “Industry” — Phantom Debt
It was inevitable that smaller players would seize upon the “irresistible” opportunity to create or sell phantom debt. With the justice system lining up to approve the practice of stealing debt

12/06/17

Massachusetts Homeowners May Not Challenge Mortgage Assignments Due to “Securitization Fail”

Culik Law

Massachusetts Homeowners May Not Challenge Mortgage Assignments Due to “Securitization Fail”
In a definitive decision from the Massachusetts Appeals Court, the court held that homeowners may not challenge faulty mortgage assignments in securitized loans.

12/06/17

Do You, Consumer, Feel Protected?

Esquire

Do You, Consumer, Feel Protected?
Still more from the We Learned Nothing From 2008 file, sub-paragraph: And We Could Care Less.

12/06/17

Attorneys' Attempt to Paint a Picture in Complicated Foreclosure Case Fails to Clarify Ownership

Daily Business Review

Attorneys' Attempt to Paint a Picture in Complicated Foreclosure Case Fails to Clarify Ownership
A mortgage that was “passed around like the flu” seemed to send two South Florida courts down a rabbit hole as a

12/06/17

New York federal credit union sues Trump to block Mulvaney at CFPB

Housing Wire

New York federal credit union sues Trump to block Mulvaney at CFPB
When Richard Cordray officially resigned as director of the Consumer Financial Protection Bureau last month, the agency was thrown into disarray

12/05/17

Consumer Bureau’s New Leader Steers a Sudden Reversal

NY Times

Consumer Bureau’s New Leader Steers a Sudden Reversal
The defanging of a federal consumer watchdog agency began last week in a federal courthouse in San Francisco.

12/05/17

Senate Banking Committee introduces repeal of Dodd-Frank Act

Housing Wire

Senate Banking Committee introduces repeal of Dodd-Frank Act
The Senate Banking Committee will begin its markup today of a bill that would roll back the Dodd-Frank Act

12/05/17

Another Countrywide Sham Goes Down the Drain

Living Lies

Another Countrywide Sham Goes Down the Drain
Banks use several ploys to distract the court, the borrower and the foreclosure defense attorney from the facts. One of them is

12/04/17

End of an era: Foreclosure giant to close its doors for good

Oregonlive.com

End of an era: Foreclosure giant to close its doors for good
RCO Legal, once one of the largest foreclosure law firms in the Northwest, is shutting down permanently in December,

12/04/17

Russell v. BAC HOME LOANS SERVICING, LP | FL 4DCA

Stopforeclosurefraud

Russell v. BAC HOME LOANS SERVICING, LP | FL 4DCA
- a genuine issue of material fact existed as to standing at the inception of the action because the endorsement on the note attached to the complaint was different than the endorsements on the original note filed with the court.

12/04/17

REPUBLICANS NOW TURN THEIR ATTENTION TO DEREGULATING WALL STREET WITH KEY HEARING TUESDAY

The Intercept

REPUBLICANS NOW TURN THEIR ATTENTION TO DEREGULATING WALL STREET WITH KEY HEARING TUESDAY
With The GOP's tax plan moving ahead and the Obamacare fight in the rearview mirror, Republicans in Congress are setting their sights next on deregulating Wall Street.

12/04/17

Ocwen settlement-palooza sees $36 million going out, $30 million coming back in

Housing Wire

Ocwen settlement-palooza sees $36 million going out, $30 million coming back in
Reaches settlement with CIT Bank, additional settlement on restated financials

12/04/17

Smoke and Mirrors: Illinois Case

Living Lies

Smoke and Mirrors: Illinois Case
This 2016 Illinois case corroborates exactly what I have been saying for 11 years. Sleight of hand accounted for the

12/02/17

City not liable for processing fake deed that allowed man to steal woman’s Queens home: appeals court

NY Daily News

City not liable for processing fake deed that allowed man to steal woman’s Queens home: appeals court
A man who swiped an elderly woman’s house with phony documents did time for the crime — but an appellate court is letting the city off the hook for processing the paperwork that let the ex-con make himself at home

12/01/17

Game-Changing New Bankruptcy Rules Effective December 1

NCLC

Game-Changing New Bankruptcy Rules Effective December 1
Important bankruptcy rules governing chapter 13 practice are in effect as of December 1, 2017.

12/01/17

The Never-Ending Foreclosure

The Atlantic

The Never-Ending Foreclosure
How can the country survive the next economic crash if millions of families still haven't recovered from the last one?

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