TRADING
MORTGAGE DOCUMENTS LIKE BASEBALL CARDS:
THE MYTH OF “SIMPLE SUBSTITUTION” We
have been dealing lately with a flood of “substitution”
related claims where the foreclosing party is suddenly requesting
that another party be “substituted” as the “new”
foreclosing party which new party has allegedly inherited the
interest in a mortgage loan through nothing more then an
unverified, undocumented assertion of the attorney for the party
seeking to foreclose.
OCWEN'S
MEA CULPA
When caught in the act of misconduct, Ocwen extended an olive
branch as its form of asking for forgiveness for its
transgressions; an olive branch which would not have been extended
but for the fact thatOcwen
did get caught.
Glaski attorney uses Glaski to reject bank's arguments. BURT
v. Bank of New York Mellon
“Tender is not required where the foreclosure sale is void,
rather than voidable, such as when a plaintiff proves that the
entity lacked the authority to foreclose on the property."
Plaintiffs have alleged that defendants have no authority to
collect payments on the note or foreclose on the property because
of the improper assignment. Therefore, plaintiffs do not have to
allege that they paid the note in order to allege a quiet title
claim against defendants.Judges helping banks steal
You have to read it to believe it. ONE
WEST BANK v. BAUER
"In requiring One West Bank to prove ownership of the loan
documents to establish its standing to foreclose, we conclude the
trial court departed from the essential requirements of law by
imposing a condition that is not required resulting in irreparable
harm.
One West Bank argues that the trial court's finding it lacked
standing to foreclose because it failed to establish ownership of
the loan documents is contrary to controlling case law. We
agree."
What's Your Title Worth? 18
Statesville homeowners try to ward off foreclosure over Clouded
Titles
Homeowners say they were stunned last year to learn their
properties faced foreclosure over money the community’s
developer borrowed a decade ago. The title company missed it? Previous story:18
Fox Den homes to be foreclosedFederal
government not complying with Massachusetts foreclosure law
The AG alleges two major lenders and federal regulators violated
the state’s 2012 foreclosure prevention law, asserting that
their "refusal to engage in foreclosure buyback programs is
unfairly and illegally causing Massachusetts families to lose
their homes." AG
ComplaintU.S.
probes possible overcharging by banks on foreclosure fees
"You've got a lot of people trying to clean up the servicing
industry, but the truth is we are seeing the same servicing
problems over and over," said Ira Rheingold, director of the
National Association of Consumer Advocates. "It was built
into the model to charge as many fees as they could." (As a
player in the GSE Business Model, law firms must be willing to
bastardize long standing real property laws; the consequences of
which are clouded and unmarketable titles.)
Bank of America Lawyer's Lies Sink Dismissal Nicholas
v. Bank of America
This short opinion demonstrates lawyers saying anything to win.
This one got caught - repeatedly.
But “[i]nstead of modifying his loan, BANA lied to [Plaintiff]
about who even owned his note, what guidelines would apply, what
his real options were, and dual-tracked him into foreclosure.”
THE
UNCOMFORTABLE TRUTH ABOUT ILLEGAL FORECLOSURES 20-25 Million Americans Are Victims of Illegal Foreclosure
62 Million American Homes Have a Cloud on Title
George Mantoris
the only candidate who will take a stand against the destruction
of our land title records.
The
Strike Force That Never Struck
Despite pledging to crack down on foreclosure scam artists three
years ago, Attorney General Kamala Harris has allowed an industry
of fraud to flourish.
US banks continue to
steal homes
The largest US banks continue to fabricate documents, rip off
customers and illegally kick people out of their homes.
Mortgage
Companies Break The Law
And Their Own Promises To Homeowners
Mortgage companies in California continue to routinely violate
foreclosure laws and go back on promises they made in legal
settlements, according to housing counselors and advocates,
despite new federal rules designed to stamp out lingering problems
in the mortgage servicing industry. The
REPORTFraud
and foreclosure: Couple takes on Bank of America
The Montana Supreme Court voted 4-2 on May 7 to overturn that
decision, saying the Morrows’ lawsuit should proceed to trial.
John Heenan of Billings, one of the attorneys for the Morrows,
saidthe case
could have repercussions for hundreds of Montanans in similar
circumstances, and potentially thousands of people all over the
country. Bank of America turned the HAMP program into a
swindlers’ paradise.Supreme
Court rulingN.Y.
Regulator to Review Borrower 'Gag Rule'
Imposed by Servicers
"Reports thatOcwenis
imposing a gag rule for certain struggling homeowners—preventing
them from criticizing the company—are troubling and deeply
offensive," the supervisor of the state Department of
Financial Services said. "We will investigate this issue
immediately."
Ocwen
Loan Servicing, LLC - Failure to Timely File Mortgage Satisfaction
Documents Class Action
Homeowners whose mortgage loans have been serviced byOcwen
Loan Servicingmay
be entitled to financial compensation for violations of state
mortgage satisfaction statutes. DEMPSEY
v. OCWENU.S.
mortgage collectors gag homeowners in loan deals Ocwen, the
company that collected and processed their mortgage payments, had
added an extra clause: they could not say or print or post
anything negative about Ocwen, ever. The CFPB said the practice
was "unfair," and required the two servicers to cease
the practice.
Questions
raised about notary signatures in foreclosure cases
Even after she died on Jan. 4, 2010, her signature — dated and
notarized — continued to show up in legal documents for more
than three weeks. “If third-party law firms engaged in
questionable practice on behalf of Bank of America, the
foreclosures may not have complied with laws and agreements,”
the audit said.
Homeowners need to file requests for criminal referrals Texas
Attorney Tightening Noose around JPMorgan Chase
The attorney moved for a continuance to arm and ready his Smoking
Gun. We won't post until the court decides if the new evidence
should be filed under seal.
"The aforementioned evidence is currently being
professionally transcribed into documentary form. This is to
ensure its authenticity, admissibility, probativeness and
relevance. Then, it will either be filed with the court for an in
camera inspection or under seal. The defendants will be filing a
counterclaim seeking compensation for thecatastrophic emotional
and marital damagethat
has resulted at the hands of plaintiff JPMorgan Chase, NA. Thedefendant's
suffering and outrage is to the degree that federal and/or state
criminal charges are being considered as well."
Deutsche
Bank drags its loss to Ohio Sup. Ct.
Deutsche claims this case is of great public importance.
Are
Foreclosure Cases Rigged? YES! And most homeowners have evidence to prove it!
The financial ties that many judges have to banks raise questions
about conflicts of interest and a bias against homeowners
victimized by mortgage fraud.
One of the appellate court judges on the three-judge panel that
heard the case penned a dissenting opinion. "This case was
one of hundreds, perhaps thousands of lawsuits that grew out of
the financial meltdown," explained Justice Laurence Rubin.
Writing that he would have reversed the superior court's ruling
entirely, Rubin concluded, "[I]n my view the dismissal of
this lawsuit under the circumstances described defeats the
substantial ends of justice. Instead, it rewards parties who, it
would appear, have played a major and unlawful role in the theft
of someone's home."
Seattle
woman arrested trying to save her former home
"When I tried to get help from Chase Bank, they said, 'Well
you need to miss three payments before we can help you.'"
A Chase Bank spokesperson is looking into the allegations but says
they typically do not advise clients to miss payments. LIES LIES,
LIES!
Wells Fargo piles on 4 appellate attorneys to go against
a Pro Se homeowner... AND STILL LOST Acuff
v. Wells Fargo
Acuffs argued that the added endorsement page lacked any
identifiable information connecting it to their note, such as the
date of transfer, “property address, loan number, parcel
identification number, or borrower’s name.”
In its published opinion, the court wrote: We would be remiss if
we did not point out that Wells Fargo asserted in its initial
complaint that it was the holder of both the Acuffs’ mortgage
and note when, in fact, the mortgage was not assigned until
several weeks after the complaint was filed.
Who is going to hold OCWEN accountable for this? Watchdog
report: More problems for Ocwen customersUS
Economy Is A House Of Cards
"Capitalism has been transformed by powerful private
interests whose control over governments, courts, and regulatory
agencies has turned capitalism into a looting mechanism."
Dr. Roberts seems to sayAmerica
has been transmuted from a land of plenty to a land of plunder.
MSFraud adds: Plunder is law and any resistance to that law is
deemed to be domestic terrorism.
Opening the flood gates to make it easier
to forge and alter legal documents. Wording
of FHA E-Sign Rule Confuses Industry
The industry standard has long been to require tamper-evident
seals, not tamper-proof ones."We've always defined the
tamper-evident seal becauseit's
virtually impossible to say you can completely prevent a document
from being tampered with."
Robo-Signing'
Claims May Stick to U.S. Bank
U.S. Bank must face claims that it illegally
"robo-signed" docs related to two residential
mortgage-backed securities trusts originally worth more than $51
million, a federal judge ruled. VNB
Realty v. US BankWhy
Juries See What Judges Won’t
Despite having the law and the facts on their side, homeowners who
challenge a fraudclosure rarely get justice from a judge. Combine
that with the fact that ninety-six percent of all foreclosures go
unchallenged, and you have theperfect
business model for organized crime.
Wells
Fargo moves annual meeting to Texas,
but protesters follow
Zamora, who is fighting an aggressive cancer, said she stayed on
her estranged husband's insurance policy until Wells Fargo
insisted she divorce him in order to be considered for a loan
modification. She said she spent $4,500 to get a divorce decree
while losing the insurance coverage. Later on, she said, she filed
for bankruptcy protection at a cost of $3,500 after a bank
executive told her that it was a necessary step to get her loan
terms eased.
“I did all this and still they deny me," she said in a
phone interview. The foreclosure auction for her home is scheduled
for May 20.
ABSOLUTELY UNCONSCIONABLE and CRIMINAL!!!
Nobody is able to STOP THIS and put people in JAIL?
(MSFraud does not endorse the video publisher.)
Woman
Loses Her $280,000 Home For Owing $6
The homeowner owed $6.30 in interest on school district taxes.
That was enough, a Pennsylvania court has ruled, for her to lose
her house
EVIDENCE the banks have been using forged documents to
foreclose since the 1980s. From the MSFraud archives:
A 1987 Foreclosure involving a Forged Deed. 1ST
COPPELL BANK v. Smith
The Bank's status as a bona fide purchaser is immaterial, however,
in the face of a forged instrument. A void instrument passes no
title, and the fact that the grantee-mortgagee is an innocent
purchaser makes no difference. Because the deed is void, the Bank
is not protected by its status as a bona fide purchaser. The Bank
cannot foreclose under a void deed of trust.
What’s
on their Minds?: Some Post Schwartzwald Foreclosure Standing Stuff
In these cases, when either an Ohio court lacks jurisdiction or a
movant lacks standing, the judgment is void ab initio.
The floodgates wouldn’t open to bad cases if judges understood
negotiation, indorsements and allonges . . . and reviewed
promissory notes in accordance with the UCC as codified by the ORC,
and in a light most favorable to the non-moving party. This is the
only way to preserve constitutional standing doctrines and
judicial economy, while also ensuring that home owners will not
have their property stolen by banks and lawyers who are committing
criminal fraud by endeavoring to foreclose on notes that they
knowingly have no legal rights in. This is an epidemic in Ohio that starts – and needs to end
– with the education (and/or restraint) of trial court judges.
Piles
of Dead Bankers and an Exodus from MERS
MERS is the smoking gun. Why did we ever need a bank-owned,
unapproved, alternative title registry when there isn’t a single
shred of evidence anywhere that there was anything wrong with the
citizen-owned, reliable and transparent system already in place?
Exclusive:NY
Judge in Largest BK Case in History Receives
IRS & SEC Whistleblower Filing
Morse said,“I
see this RICO fraud enterprise with MERS in the center as being a
well-masked, legally controlled and potentially a
judicially-assisted resource, land and asset grab from the
American people. Just look at the publicly disclosed evidence."
Deutsche
Bank v. Huber
"In the instant case, although Appellant presented the
original note to a witness at trial, Appellant only moved a copy
of the note into evidence. Contrary to Appellant’s arguments, we
find this case distinguishable from our decision in Clarke,
because here, no record evidence exists to show that Appellant
surrendered theoriginal
noteto the court before the final judgment was issued, nor
did Appellant offer a satisfactory explanation as to its failure
to do so. As such, we affirm the final judgment granting
involuntary dismissal."
Full post from Law360 MERS
Can’t Kill Pa. Deed Recorders’ Class Action
A Pennsylvania federal judge on Monday upheld the
constitutionality of a statute requiring the registration of
deeds, in a ruling that keeps alive a class action brought by
Pennsylvania counties alleging that Mortgage Electronic
Registration Systems Inc. violated the law. U.S. District Judge J.
Curtis Joyner ruled in favor of the counties’ deed recorders,
rejecting MERS’ claims that the state law that obligates it to
record all mortgage assignments with county deed offices and to
pay the attendant recording fees was too vague.
MASSIVE NEW FRAUD COVER-UP: How
banks are pillaging homes
while the government watches When financial crimes go unpunished, the root problem of fraud
never gets fixed -- and these are the consequences
All of these examples, from actual court cases resolved over the
last two months, rendered rare judgments in favor of homeowners
over banks and mortgage lenders. But despite the fact thatthe
nation’s courtrooms remain active crime scenes, with
backdated, forged and fabricated documents still sloshing around
them, state and federal regulators have not filed new charges of
misconduct against Bank of New York, Deutsche Bank, U.S. Bank or
any other mortgage industry participant, since the round of
national settlements over foreclosure fraud effectively closed the
issue.
Wells
Fargo can't keep alleged bogus Foreclosure Manual
out of court U.S. judge allows discovery on Tirelli's smoking gun.
Terelli said. “If Wells Fargo is in fact fabricating documents
and involves the foreclosure attorneys in the process,the
ramifications on the attorneys involved can be severeand
in my opinion, if its in furtherance of fraud, none of the
communications would be subject to attorney/client privilege.”
Foreclosed
Homeowner Beats Bank of America;
Judge Voids Sale of Man’s Home(Letter
included) Because he was still current on his mortgage, he was told he
had to “miss a payment”before
he could qualify for refinancing. Like so many other debtors
before him, Bradburn did so, but the conundrum of bank-induced
consequences was such a “convoluted case in the minefield of
mortgage foreclosure litigation,”wrote
Bowden, that even the legally trained judge’s mind struggled
with the muddle of facts.
Immediately after the missed payment,the
BOA snake constricted around its prey. Bradburn was denied
refinancing. A dispute arose over how much money he continued to
owe on the house—not uncommon in the quicksand of additional
interest and penalties inflicted on delinquent homeowners, even
when their delinquency was caused by a bank’s demand. And in the
midst of Bradburn’s continuing efforts to seek assistance from
the predatory lending institution, BOA foreclosed extrajudicially
on his home and sold it out from under him. So much for helpful
customer service.
But the BOA constrictor lives in a continent-wide jungle, designed
to enrich the banksters through a complex secondary mortgage
market where beneficiaries of promissory notes and mortgage
instruments are ultimately unknown, and the actual holders of a
mortgage change hands regularly. The name of this usurer’s
paradise is Mortgage Electronic Registration System, Inc. (MERS),
created by bankers for bankers.
Wells
Fargo foreclosure manual on trial Wells Fargo is in a federal judge’s hot seat.
America’s largest mortgage servicer just lost the battle to keep
its controversial Wells Fargo Home Mortgage Foreclosure Attorney
Procedure Manual out of federal court in New York.
Attorney
Jeff Barnes on the $6 Million jury award
It is thus no wonder why the banks fight requests for jury trials
with such vigor. They know that if regular people see the kind of
fraudulent conduct which the banks engage in that there will be
serious consequences.
In theFindings
of Factthe
Court wrote: The Bank's refusal and ultimate foreclosure created a
great deal of emotional distress for McCulley. She was embarrassed
and became depressed and reclusive. Before this happened, McCulley
was a healthy person, physically and mentally. She was an
accomplished photographer, an avid fisherwoman, and loved the
outdoors. The Bank's conduct against her caused her to suffer
depression, isolation and a near-successful suicide. (Many of us
have been there.MSF)
Legal
Team Exodus at MERS Said to Prompt Review
MERS chief legal officer, its national litigation coordinator, its
corporate counsel and its chief internal auditor -- have now
departed. Even if the company survives its legal challenges, the
government could someday pull the rug out from under it.
Is a criminal investigation lurking?
AMICUS
CURIAE BRIEF in Wells Fargo v. Erobobo
Finally (and as a way to clear the Second Department trial court
dockets offraudulent
RMBS foreclosure actions), this Court shouldrequire
foreclosing trustees to produce a certified and unredacted copy of
their trust's Federal REMIC annual tax return, Form 1066,
along with the opinion of tax counsel that no actions by the
trustee for the subject tax year were in violation of the REMIC
tax statutes.
Alleged
mortgage fraud scheme may include 500+ Hawaii victims
Violations of Hawaii’s Mortgage Rescue Fraud Prevention Act and
the laws prohibiting unfair and deceptive trade practices subject
offending parties tofines
ranging from $500 to $10,000 per violation per day.
Montana Court Upholds $6 Million Judgment against US Bank $6
Million Judgment Findings
of Fact & Conclusions
The jury rendered its verdict and found that DefendantUS
Bankcommitted fraud and constructive fraud against Plaintiff
Mary McCulley and that the fraud and constructive fraud injured
and caused damage to Ms. McCulley. The jury also rendered its
verdict that found US Bank liable for punitive damages.
Throop
couple wins battle in foreclosure fight
The Tananas argue their mortgage payments were not credited,
incorrectly tabulated or rejected. They allege the company
"has taken intentional actions to force the default by
rejecting payments and miscalculating payments that have been
made." The couple's admission of default buttheir
unsuccessful attempts to continue to pay the loan is a reasonable
defense, Judge Nealon found.
Reprimand
sought for Maine attorney in Foreclosure Cases
tied to ‘ROBO-SIGNING’
The lawyers were accused of not doing enough to inform Maine
courts in more than 100 foreclosure cases of the possible
implications of that information – thatpeople
faced losing their homes based on documents with potentially
inaccurate statements or debt figures.
WHO’S
ON FIRST?: LOAN “OWNER” MUSICAL CHAIRS
We have said that the banksters trade mortgage loans like baseball
cards. No one seems to know, from one day to the next, who owns
the loan. More disturbing is that it now seems that different
banks are claiming ownership of the same loan. Who is lying? We
suspectBOTH U.S. Bank and Bank of America.
