Mortgages Put to Test in an Innovative Lawsuit
The legal action could mean fresh legal problems for other big
mortgage banks, as well. It is the latest threat to emerge from a
barrage of cases that have forced big banks to pay tens of
billions of dollars.
Wins by Default - Rescinding and Nullifying the Loan
v. Caliber Home Loans
Five minutes into the hearing, the judge asked homeowner's counsel
for an Order.
Proposes Rules To Protect Consumers
From Shoddy Foreclosure Practices
Clarification To Prevent Servicers’ Dual-Tracking,
Currently CFPB rules prohibit servicers from proceeding to
foreclosure once they receive a complete loss mitigation
application from a borrower more than 37 says prior to a scheduled
sale. But in some cases, borrowers are not receiving this
protection and servicers’ foreclosure counsel may not be taking
adequate steps to delay foreclosure proceedings or sale. The
Bureau’s proposal clarifies what steps servicers and their
foreclosure counsel must take to protect borrowers from a wrongful
foreclosure sale. Servicers who do not take reasonable steps to
prevent the sale must dismiss a pending foreclosure action. The
proposed clarifications would aid servicers in complying with, and
assist courts in applying, the dual-tracking prohibitions in
foreclosure proceedings to prevent wrongful foreclosures.
will be bidding on a lien, not on a property
Most foreclosure buyers still think they are bidding on actual
property. They aren’t; they are bidding on a debt that the
current owner can’t collect on. When a big powerful collection
agency gives up on a debt, they auction it off on the Courthouse
steps just as though real property were involved. It is well
known, yet never discussed, that the mortgage-backed securities
are backed by nothing at all. The same mortgages were used over
and over again. The investors are mostly pension funds which, as a
result, are substantially underfunded. The only people who don’t
know about this are the pensioners themselves.
says 6 year statute of limitation bars enforcement of residential
Re: Washington v. SLS, BONY
“No one gets a free house.” This Court and others have uttered
that admonition since the early days of the mortgage crisis, where
homeowners have sought relief under a myriad of state and federal
consumer protection statutes and the Bankruptcy Code. Yet, with a
proper measure of disquiet and chagrin, the Court now must retreat
from this position, as Gordon A. Washington (“the Debtor”) has
presented a convincing argument for entitlement to such relief.
So, with figurative hand holding the nose, the Court, for the
reasons set forth below, will grant Debtor’s motion for summary
v. Wells Fargo
Foley sued Wells Fargo for failing to consider him for a mortgage
loan modification, which a class action settlement agreement
required the bank to do before attempting to foreclose on Foley's
We find that the district court improperly considered evidence
outside of the pleadings to resolve Wells Fargo's motion to
dismiss, warranting a revival of Foley's common law claims.
Accordingly, we vacate in part the judgment entered in Wells
Robosigners Aren’t Finished Yet
“It’s bad enough that Fannie Mae and their collectors are
pursuing consumers many years after they’ve lost their homes,”
Mr. Parker said. “But the fact that these lawsuits may be built
on a foundation offoreclosure fraud is
galling.” The problem, experts say, arises whenrobo-signed
documents enabled banks to foreclose even when they didn’t have
legal standing to do so.
Amazing, isn’t it, how the effects of the foreclosure crisis go
on and on?
REVERSED: Assigned Mortgage ONLY
"the final assignment from Freddie Mac to Ocwen was only for
the mortgage; Ocwen's own records custodian admitted as much
below. Notwithstanding the lack of evidence to prove the
Countrywide assignment, even if Ocwen did have standing at the
commencement of the suit, it would have lost such standing when it
no longer was legally entitled to own or enforce the note. See Lindsey
v. Wells Fargo Bank(reversing summary judgment for
lack of standing because assignment was only for the mortgage and
not the note)."
JPMorgan Chase Helped Wreck the Economy,
FARGO Made False Statements of Material Fact to FANNIE MAE
The Discovery documents reveal the False Statements of Material
Facts submitted to Fannie Mae (Investor) on behalf of Crowley,
which included a false “projected foreclosure date” during the
time that Crowley was under a Special Forbearance agreement. Soon
thereafter, Wells Fargo submitted a check request to Fannie Mae
for $114,716.64 – Paragraph 164 of complaint “…the evidence
of payment from Fannie Mae to Wells Fargo in the amount of
$114,716.64, in preparation of foreclosure, suggests that Wells
Fargo never intended to offer a permanent loan modification;”
Johnson will explore on what basis was Wells entitled to a payout
on Crowley’s loan.
court granted judgment in an amount exceeding the face value of
in Trust for Morgan Stanley v. Lackey
"The trial court erred by awarding judgment in excess of the
face value of the Note and that the error is prejudicial to
appellant and clearly apparent from the record. Given
the stakes in a foreclosure action, this type of error seriously
affects the basic fairness and public reputation of the judicial
$9 Billion Witness:
Meet JPMorgan Chase's Worst Nightmare
Back in 2006, as a deal manager at the gigantic bank, Fleischmann
first witnessed, then tried to stop, what she describes as "massive
criminal securities fraud" in the bank's mortgage
operations. Six years after the crisis that cratered the global
economy, it's not exactly news that the country's biggest banks
stole on a grand scale. That's why the more important part of
Fleischmann's story is in the pains Chase and the Justice
Department took to silence her.
States Supreme Court
Argument in Jesinoski v Countrywide
The narrow question in this case is whether
the Truth in Lending Act rescission provision in 1635(a)
requires borrowers to file a lawsuit to exercise their
right to rescind. The answer is no, and the court of
appeals should be reversed for three reasons:
Throws Out $16M Verdict Against PHH for Servicing Errors
The judge did acknowledge that PHH had acted as a "bad
party" to the loan modification contract. PHH made
"inconsistent demands for payment arguably repudiating the
modification contract, threatened [Linza] with foreclosure,
refused to return his many calls or to apologize for or correct
its errors, refused to enter into a new agreement and even
ridiculed his plight."
denies US Bank Motion to Dismiss on 8 of 9 Counts!
v. US BANK/OCWEN
The Order is a damning indictment of the mortgage industry!
What is telling is the Court agreed that the Plaintiff’s note
probably received shared loss payments and that the Plaintiffs may
in fact OWE NO
is regrettable that we accommodated the financial institutions
because of their importance. It sickens me. But that is not before
County lender Kandi gets 5 years for mortgage fraud
The Court: The
NOTE & MORTGAGE ARE VOID,
and the homeowner gets all their payments back.
OF AMERICA, BACHLS v. NASH
...because the alleged Lender, America's Wholesale Lender, stated
to be a New York Corporation, was not in fact incorporated in the
year 2005 or subsequently, at any time, by either Countrywide Home
Loans, or Bank of America, or any of their related co1porate
entities or agents.
Fargo Wins, Homeowners, AG and Courts Lose
“This Wells Fargo case study exposes the legal maneuvering by
banksto keep their crimes hidden while continuing to strip
communities of their wealth. Wells Fargo preyed on these
communities then negotiated away the rights of homeowners to take
legal action. Homeowners
deserve their day in court."
Backdated Thousands of Foreclosure Notices
The systems failures that Ocwen outlined previously as
"isolated" are much greater in scope than what the
company had previously disclosed.
Supreme Court Update: The Kuchta case
Motion for Reconsideration
Memorandum in Support
Reversal of Foreclosure to add to the growing pile...
In this case, the bank failed to present any evidence on the issue
of adequate protection. Accordingly, we are constrained to reverse
the foreclosure judgment and to remand this matter for
establishment of the lost note and mortgage. See Guerrero v. Chase
Home Fin., LLC, 83 So. 3d 970, 974 (Fla. 3d DCA 2012) (remanding
for establishment of the lost note and mortgage when the bank
failed to sustain its burden presenting evidence proving that the
homeowners would be adequately protected against loss).
Title: The Gross Illegality of MERS
No longer would the traffickers in mortgages have to document
their transactions with county clerks, nor would they have to pay
the many and varied courthouse fees for such transactions.
Instead, MERS was listed in local recording offices as the
“mortgagee of record,” the in-name-only owner, a so-called
nominee for the lender, so that MERS would effectively “own”
the loan where the public record was concerned, while the lenders
traded it back and forth.
HOW DO THESE
CASES GET PAST A TRIAL COURT?
v. Deutsche Bank
The evidence presented at the bench trial was insufficient to
support the trial court’s judgment because Deutsche Bank’s
documents and witness did not prove the bank’s standing to bring
the foreclosure action.
what foreclosure courts FAIL to consider...
We conclude that in determining whether a judgment should be
vacated for a violation of § 455(a), it is appropriate to
consider the risk of injustice to the parties in the particular
case, the risk that the denial of relief will produce injustice in
other cases, and the risk of undermining the public's confidence
in the judicial process. We must continuously bear in mind that
"to perform its high function in the best way `justice must
satisfy the appearance of justice.' "
re Murchison, 349 U. S. 133, 136 (1955)
The Hurts’ case is the first one we’ve seen where Fannie
is an active participant in the homeowner fraud. In 2011, the
Hurts were sued for foreclosure by their loan servicer. A cursory
review of the promissory note and mortgage attached to the
Complaint quickly demonstrated that the servicer was not the
proper party to be seeking foreclosure. The Note lacked a critical
endorsement, and the Mortgage had a fatal break in the chain of
assignments. For this reason, that case was dismissed, only to be
revived by Fannie Mae in the way of a brand new foreclosure
complaint in the past several months.
opinion: Instead of affirming the Ninth District, this
court goes to great lengths to
preserve a void judgment. And in so doing, it undermines this
court’s own rule in Schwartzwald and creates uncertainty in
foreclosure cases that will operate in favor of careless banks
while eroding the rule of law in Ohio.
of America v. Kuchta
"the appropriate recourse for challenging a void judgment is
to file acommon-law motion to vacate".
Since the 80s,
the mortgage industry has been manipulating accounts to get free
houses, equity and mineral rights. They are still doing it, and
still getting away with it. No penalty - no reason to stop.
servicers are still wrecking lives
They made all their payments on time after having a loan
modification approved by Bank
of America, only to learn their new mortgage servicer, Nationstar,
had sold their home into foreclosure anyway, and they had three
days to leave.
UNIVERSITY LAW REVIEW
Defenses to Mortgages
Another source of confusion in these cases is the morass of facts
involved in each case. Because the cases almost always involve
fraud or other wrongful conduct, the facts are often quite
complicated. Wrongdoers often act through a series of nominees,
designees, straw people, and shell corporations; engage in conduct
that wrongfully enables them to collect payments on loans they no
longer own or to sell the same loan more than once; and otherwise
act to obfuscate and cover their tracks.
year old woman facing Wells Fargo Eviction
Citibank bought it at sale for $100.
HOLDER: ARREST A U.S. BANKER
Over five million families were foreclosed on since the financial
of them illegally. But despite defrauding so many Americans,
Holder has failed to jail a single U.S. banker. He’s also failed
to criminally prosecute a single U.S. bank.
case against foreclosure-mill Lerner Sampson,
Bank of America, and MERS allowed to proceed
v. Lerner Sampson and Rothfuss
We alleged the law firm directed one of its paralegals to
fraudulently robo-sign mortgage assignments, and then used one of
those mortgage assignments to foreclose on our client’s home
months earlier. After Mr. Slorp retained our firm, we filed a
federal lawsuit alleging their actions violated several laws,
including the Racketeer Influenced and Corrupt Organizations Act
(“RICO”). The Sixth Circuit’s federal appellate decision
allowed our racketeering claim to proceed – a major victory for
by banks using robo-signed documentation. The decision also found
in favor of consumers on a very important issue surrounding their
ability to challenge documents in foreclosure cases.
"If Bank of America had no right to file the foreclosure
action, it makes no difference whether Slorp previously had
defaulted on his mortgage."
VACATES (Two) Default Judgments per Schwartzwald
Collegiate Student Loan v. Beverly
The complaints did not allege that the Trusts held any interest in
the loans whether by assignment or any other means... and the
Notes make no reference to the Trusts.
foreclosure is ‘perfected’ and/or ‘complete’ until
the Original Promissory Note is either returned to the signor or
canceled by the court.
"In the case of original mortgages and promissory notes, they
are not merely exhibits but instruments which must
be surrendered prior to the issuance of a judgment. The
judgment takes the place of the promissory note. Surrendering the
note is essential so that it cannot thereafter be
negotiated."- Johnson v. Hudlett
Agency Penalizes Flagstar Bank $37.5 Million Over Mortgage
In its first enforcement action under mortgage-servicing rules
that went into effect at the start of this year, the agency
reached a settlement with Flagstar Bank over accusations that it prevented
thousands of homeowners from averting foreclosure.
refreshing to see reporting that tells it like it truly is...
Holder didn't send a single banker to jail for the mortgage
crisis. Is that justice?
US attorney general’s tenure has proven unhelpful to the
millions of victims of mortgage abuses in the US. As for
homeowners, they received a raw deal, in the form of little or no
compensation for some of the greatest consumer abuses in American
that happened over 4-YEARS AGO
is VOID and never happened. Trustee deed VOID too.
Homeowner Wins Lawsuit Against Bank of America in Illegal
This ruling is significant because it renders ReconTrust
foreclosure action invalid as if it never happened. For years Utah
homeowners have battled Bank of America and its subsidiary
ReconTrust Company over the validity of the bank’s foreclosure
actions in Utah.
Pro Se Wins
Reversal of Dismissed Mod-Fraud Case
Court Agrees to Publish
v. BANK OF AMERICA
Appellants in this case alleged just such a pattern in their first
amended complaint against respondent Bank of America. Because they
are representing themselves, their complaint is not in the form to
which courts are accustomed. Nevertheless, allegations of viable
causes of action can be sufficiently discerned to defeat a
demurrer. We therefore reverse the judgment dismissing their case
against BofA and return them to the trial court for further
man tells story of attempted foreclosures
After conducting three securitization audits on property, it was
found that Seattle Mortgage Company was paid off in full in 2006
by Ginnie Mae, Larry said. "Bank of America and RMS don't
have anything to do with loan," he added. The county can
pursue an audit to determine if fraudulent recordings have
Government Plays Robin Hood Under Guise Of National Mortgage
While the settlements promise billions in consumer relief, average
consumers – and not the banks – are picking up a significant
share of the tab.
For evidence of the trend, look no further than Bank of
America‘s (BofA) recent $17 billion settlement with the U.S.
Department of Justice (DoJ). BofA promised to pay off more than 41
percent of the fine by providing consumer relief, which includes
lowering mortgage payments for certain borrowers. The catch is
doesn’t have to actually own the mortgages it intends to write
The question at hand is, if
BofA doesn’t own these mortgages, who does? And
the most likely answer is, you.
Orders Deposition of 'Robo-Riley', JPM and PennyMac
The Note bears an origination date of 2005, and contains a stamp
“signed” by robo-signer Cynthia Riley who testified in a
deposition taken in a Florida foreclosure case that she never
endorsed any notes or put any endorsement stamps on notes from
2004 through 2006
Looking for a
Geller Rudman & Dowd LLP Files Class Action Suit against Ocwen
If you wish to serve as lead plaintiff, you must move the Court no
later than 60 days from August 12, 2014. If you wish to discuss
this action or have any questions concerning this notice or your
rights or interests, please contact plaintiff’s counsel, Darren
Robbins of Robbins Geller at 800/449-4900 or 619/231-1058, or via
e-mail at firstname.lastname@example.org.
Tree Investments v. OCWEN
Insurer Owes $4.9M for Failure of Mortgages
A title insurer owes $4.9 million for contributing to the failure
of mortgages that caused the defunct Washington Mutual Bank to
lose millions of dollars, a federal judge ruled.
v. Attorney's Title Insurance Fund
Prosecutor Mark J. Malone on MERS
MERS functions to disguise the true owners of mortgages and
promissory notes around the country. If an organized crime family
set up a shell company to disguise ownership of its assets in the
same manner MERS does, a prosecutor would label the incorporation
an overt act in furtherance of a money-laundering conspiracy.
(Then shut down MERS, send the officers and facilitators to
prison, and return the property rights to the homeowners.)
Deposition of MERS William Hultman
homeowners struggling to save their homes have lost faith in
Florida’s RIGGED legal system, and for good reasons.
Your House When the Bank
Already Lost Your Paperwork
Even though it was the banks that came to the courts with forged
documents, it’s almost impossible to find an example of a
Florida judge ruling against a bank. Judge Raul Zambrano has never ruled
in favor of a homeowner.
this criminal activity, it is stunning that there could be a judge
in the entire country that would rule against a homeowner and in
favor of a bank.
Biggest Lie of the New Century
Foreclosure fraud: Of all the crimes committed
during the financial crisis and in its aftermath, this is one that
should have been the easiest to identify and prosecute.
"I wish this Note could talk to us."
Fargo Summary Judgment DENIED
The Court also made note of a loan modification to the borrower
which was signed by MERS, which was curious as MERS is not a
lender and does not have the authority to modify a loan.
of Appeals Reverses Dismissal of FDCPA Claim
Bank, Ocwen v. Schubert
Specifically, they alleged that they paid off the arrearage amount
in full one month, only to be told the following month that they
owed an arrearage amount of ten
times the previous month’s amount.
Circuit Opinion Suggests the Default and Force-Placed Insurance
For the last 20 years, Bank of America and other banks have used
this scheme to manufacture performing loans into default.
v. BANK OF AMERICA/BACHLS
"We are stymied in our effort to understand the cause of the
Tielkes’ alleged default, if indeed they ever were in
default."... "These checks were either returned to the
Tielkes or placed in a suspense account because the bank viewed
them as insufficient to cure the default, but the propriety of
that view depends on whether there was a valid default in the
Out of Business and still Stealing Homes
BACHLS wanted to know what was owed on the mortgage, and what the
Torrenga's monthly payment amount was. Kathy was confused. Why
didn't they know these things already? Hadn't someone been keeping
an accounting of what they had been paying for years? It was at
this time that they were told they were in FORECLOSURE! They were
in a PANIC. They were not behind! Their payment to the old company
wasn't even due yet. That was when the nightmare started.
Activists Help Depose Terrible Foreclosure Judge :-)
One judicial election certainly does not make up for the outrage
and human tragedy that has defined this foreclosure crisis era.
But it feels good to see some measure of justice prevail, at least
by subtracting one of the worst of the worst in bank-loving
judges. It does show that the spirit of the movement that gave its
best shot at forcing accountability on the most powerful forces in
America remains alive.
Bank v. Gilbert
The plaintiff failed to demonstrate its prima facie entitlement to
judgment as a matter of law, because it did not eliminate triable
issues of fact regarding whether it had standing as the lawful
holder or assignee of the subject note on the date it commenced
Court Orders Surplus Funds to Homeowner
The circuit court ordered the surplus to be disbursed to Wells
Fargo, and the Devers appealed. We reverse and remand for the
circuit court to order the surplus disbursed to the Devers.
on Appeal – "Lack of Prosecution"
Florida’s Fifth District Court of Appeal just reversed a Final
Judgment of Foreclosure because the trial court improperly denied
a motion to dismiss for lack of prosecution.
v. BAC Home Loan
of America Papers Show Conflict and
Trickery in Mortgages
One Bank of America employee describes trying to “trick” a
system that screened mortgages that the Federal Housing
Administration agreed to insure. When using this system, Bank of
America sometimes changed an applicant’s financial information
and resubmitted the loan many times to try for approval. In at
least one case, a Bank of America underwriter tried to pass the
F.H.A. screening more than 40 times, according to the documents.
In other cases, “underwriters regularly changed the relevant
data and resubmitted the loans more than 20 times,” the
Police Officer Files Motion to Vacate Void Order Alleging Judicial
Corruption in Dallas Court
A judicial order that grants LNV permission to deprive us of our
property when the judge issuing that judgment has not even read
our pleadings, and when no credible witness has testified, when no
discovery has been permitted, and when we were intentionally
denied a continuance to obtain another attorney and thereby forced
to proceed pro-se is a gross violation of our right to due
can sue for Mod-Fraud
The court concluded that plaintiffs have alleged a cause of action
for fraud against defendants where the complaint alleged that the
loan documents concealed the terms of plaintiffs' loans and
plaintiffs have alleged facts establishing defendants' liability
for the alleged fraud.
Trilogy: Court Rules Majority of Claims
to be Resolved at Trial
MERS Falsely Declared Itself the Beneficiary of Mr. Knecht’s
Deed of Trust, and Purported to Convey to DB Rights MERS Never
v. Fidelity Title
From its inception, Mr. Knecht’s deed of trust ran afoul of the
Deed of Trust Act by designating MERS as its beneficiary. The Act
declares that the beneficiary of a deed of trust is “the
holder of the instrument or document evidencing the obligations secured
by the deed of trust .
to Get Serious About RESPA/TILA Compliance
*First Tier Penalties - $5,000 per day.
*Second Tier Penalties - for reckless engagement in violations,
$25,000 per day.
*Third Tier Penalties - for knowing violation, maximum penalty of
$1,000,000 per day.
Officers, directors and employees of non-compliant lenders also
face cease and desist orders as well as a prohibition from
recovering fines and penalties from insurance; a prohibition from
offsetting borrower claims with amounts paid for penalties; and
other monetary damages as well as restitution, rescission,
reformation of contracts, refunds, and return of compensation.
A.G.s Mark Shurtleff, John Swallow face civil lawsuit over Bank of
"We knew what Bank of America did was wrong in leading my
brother and other homeowners into default," Kevin McBride
said. "But the whole connection between the attorney general
giving protection for that kind of activity never became clear
until the criminal case was filed just a few weeks ago."
Shurtleff and Swallow personally benefitted from their involvement
in the case at the expense of Utah homeowners, including the
McBrides, whose houses Bank of America had foreclosed on. The
couple says the
bank forced them into default as a condition of modifying their
loan and then tried to take their home.
Some felony charges against Shurtleff and Swallow, including
receiving or soliciting a bribe and accepting gifts when
prohibited by law, are connected to the Bank of America case.
with prejudice for FRAUD...
Brings Foreclosure Case In Mortgage In Which It Was Just A
Servicer, Court Finds Bank Committed Fraud
Here the Judge got really angry: "The court finds WAMU, with
the assistance of its previous counsel, Shapiro and Fishman,
submitted the assignment when [they] knew that only Fannie Mae was
entitled to foreclose on the Mortgage, and that WAMU never owned
or held the note and Mortgage." And, oops, "the Court
finds by clear and convincing evidence that WAMU, Chase and
Shapiro & Fishman committed fraud on this Court" and that
these "acts committed by WAMU, Chase and Shapiro amount to a
"knowing deception intended to prevent the defendants from
discovery essential to defending the claim" and are therefore
the pitchforks -
Foreclosure racket continues
Not only did the original mortgage holder get back all its money
from the loan, plus all missed payments, out of pocket expenses
and various generous fees, it also made a very respectable profit
on the convoluted but perfectly 'legal' slight of hand. All paid
for by you -- the US tax-payer.
Our sham of a democracy has been hijacked by a political mafia and
its corporate paymasters. Changing President or the control of
Congress will not stop this and other corporate rackets. Voters
need to start asking some serious questions of potential
candidates for the 2016 elections unless they wish to keep
subsidizing the financial losses of the establishment.
Alternatively, they can just dust off their pitchforks.
reversed the judgment as to the fraud, unfair competition and
negligence causes of action.
v. BAC Home Loan Servicing
Although poorly drafted, we agree that potentially meritorious
claims can be distilled from the allegations of the complaint.
Texas Win in First District
v. RESIDENTIAL CREDIT SOLUTIONS
In one issue, the Bruesses argue that the trial court erred in
granting judgment because (1) neither of them signed the
settlement agreement, (2) they withdrew their consent before
judgment was entered, preventing judgment on a motion to enforce,
(3) dismissal of their claims with prejudice had no basis in law,
and (4) the settlement agreement mandated that any disputes would
be resolved by returning to mediation, not a judgment.
Mod Scandal: Bankers did not act in good faith
Bank N.A. v Sarmiento
The court granted the motion of the defendant Jose Sarmiento to
bar the plaintiff from collecting interest or fees that accrued on
the subject loan since December 1, 2009, to bar the plaintiff from
recovering from him any costs or attorneys' fees it incurred in
From the New York Law Journal:
Addresses 'Bad Faith' in Foreclosure Negotiations
Fuster said the ruling gave borrowers "a sword against the
lenders and they can use it immediately."
documents Not good enough to get a free house
of America v. Smith
- Bank of America has cited no case law in support of its
proposition that a photocopy of a promissory note is
self-authenticating when no evidence has been presented that it is
a true and accurate copy.
- R.C. 1301.307 addresses the authentication of entire documents,
and that statute is limited to certain document types, of which a
photocopied promissory note is not one.
- We must reverse
the decision of the trial court granting summary judgment in favor
of Bank of America.
Concurring Opinion: It is fundamental that
“[d]ocuments that have not been sworn, certified, or
authenticated by way of affidavit ‘have no evidentiary value.’
” Simply attaching the note and mortgage to the complaint does
not make them proper for consideration on summary judgment.
CPA and DOT Act claims are now going to trial.)
Recording of False or Deceptive Documents
BofA argue that they did not record any "false" or
"deceptive" documents. The Washington Supreme Court has
held that "characterizing MERS as the beneficiary has the
capacity to deceive", and such a characterization
presumptively satisfies the unfair act or practice element of a
CPA claim. Here, certain documents, such as the Appointment of
Successor Trustee, characterize MERS as the beneficiary of the
Deed of Trust. Thus, the act of recording that document
presumptively satisfies the first CPA element.
v. BANK OF AMERICA
Attorneys and Judges who witness the crimes
and cover them up are GUILTY...
can lead to prison
Knowing about a crime and not reporting it is just about as bad as
actually committing one. The official term for this act is
misprision, or the failure to report a known felony to authorities
even though the person reporting the offense is not directly
USC-4: Misprision of Felony
Notary is a Felony
Ms. Hagan was also prosecuted criminally by the Attorney
General’s office and eventually pled guilty to a third class
felony for tampering with public records. A California notary
public pled guilty to a felony violation of Penal Code Section
115, offering a forged instrument to be registered in a public
office within the state, and Penal Code Section 118, for perjury.
Another pro se
New Mexico Court of Appeals:
"We agree with homeowner and Reverse."
A note with an undated indorsement in blank, which was not
produced at the time the complaint was filed, but only at trial,
was insufficient to establish a bank's standing to foreclose.
Pro se wins
reversal of breach of contract claim in JPMorgan's patterned loan
Our holding should not be read as imposing any sweeping duty upon
district courts to devise legal theories for pro se plaintiffs.
Rather, a complaint should be found to raise a claim only “if
the essence of an allegation is discernable, even though it is not
pleaded with legal nicety[.]” Stone, 364 F.3d at 915. Here, the
essence of Topchian’s breach of contract claim was discernable
because he attached the Agreement—a contract—to his pleadings
and alleged that Chase had not complied with that contract.
v. Kaufman (1994)
Weidner) On appeal appellant argues, inter alia, the final
judgment of foreclosure must be reversed because the appellees did
not introduce into evidence the original note
We agree and reverse.
Deutsche Bank to pay costs and SJ Reversed
v. Deutsche Bank
The Opinion and Appellant's Brief
Deutsche’s void deed assignment places a cloud on Vasquez’s
title.That cloud does not require Vasquez to establish the
superiority of her claim despite Deutshce’s contention. Rather
the law requires her to establish her interest in the property,
that her title to the property is affected by a claim by the
defendant, and the claim, although facially valid, is invalid or
Judge Faults Ocwen for Pushing Homeowners to Bankruptcy
The Williams were never materially behind on their mortgage
payments, the judge said, but they were pushed into bankruptcy to
keep Ocwen from taking their home in foreclosure.