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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04/08/21

Can the CFPB's new forbearance rules prevent a foreclosure crisis? MPA Magazine

Can the CFPB's new forbearance rules prevent a foreclosure crisis?
While forbearance numbers have declined somewhat in recent weeks, around three million homeowners are still behind on their mortgages. As foreclosure moratoriums are set to expire later this year, the housing market is now facing the risk of a shock from millions of homeowners going from forbearance straight into foreclosure. To prevent such a shock to the system, the CFPB has released a proposed set of rule changes for servicers and borrowers to prevent the end of forbearance turning into a catastrophe for the whole mortgage industry.

04/06/21

A Conspiracy of local County Auditors. . and some less than forthcoming Legislators Scott Stafne

A Conspiracy of local County Auditors. . and some less than forthcoming Legislators
Apparently here in Washington State our elected leaders believe that they know what isbest for us. . . without even asking

04/06/21

WASHINGTON COURT OF APPEALS ONE - Larsons' opening brief in registration of title (Torrens Act) appeal Scott Stafne

WASHINGTON COURT OF APPEALS ONE - Larsons' opening brief in registration of title (Torrens Act) appeal
In the Court of Appeals for the State of Washington Division One - Washington Court of Appeals Division One - Christopher and Angela Larson v. New Century Mortgage

04/06/21

Court Clarifies Evidentiary Requirements for Foreclosure Filings DS News

Court Clarifies Evidentiary Requirements for Foreclosure Filings
The Florida Fifth DCA reversed a summary judgment of foreclosure finding, Eagle Home Mortgage, LLC (“the bank”), failed to proffer sufficient evidence that it satisfied conditions precedent. Parkin v. Eagle Home Mortgage, LLC, 5D20-160, 2021 WL 833298 (Fla. 5th DCA Mar. 5, 2021).

04/06/21

Attack the “Successors” Living Lies

Attack the “Successors”
In analyzing the paperwork in front of you, make sure you read every word and do not accept anything said at face value. A popular ruse by foreclosure mills is the use of the word “successor.” I have been saying that this word is used as a cover-up for “we don’t have title to the debt, note or mortgage.” That means they have no loss connected with a claimed scheduled payment that was not received by a “Servicer” who had no right to receive it in the first place.

04/05/21

Summary Judgment is the way that the foreclosure mills avoid answering reasonable discovery demands. Living Lies

Summary Judgment is the way that the foreclosure mills avoid answering reasonable discovery demands.
The simple answer is that they do it because they can and because they generally get away with it, because most of the time their opposition is a layperson who knows nothing about the rules of civil procedure. JUdgment gets entered and the homeowner loses their largest investment, their home, and usually their lifestyle. sometimes they lose their marriages too or their lives when they commit suicide.

04/05/21

Consumer protection group proposes rule to prevent foreclosures until 2022 CNBC

Consumer protection group proposes rule to prevent foreclosures until 2022
The Consumer Financial Protection Bureau proposed a rule Monday to prevent a wave of foreclosures this fall, when certain Covid-era protections for homeowners are set to expire. The proposal, which would need final approval, generally prohibits mortgage servicers from initiating foreclosure

04/05/21

CFPB Proposes Mortgage Servicing Changes to Prevent Wave of COVID-19 Foreclosures CFPB

CFPB Proposes Mortgage Servicing Changes to Prevent Wave of COVID-19 Foreclosures
WASHINGTON, D.C. – The Consumer Financial Protection Bureau (CFPB) today proposed a set of rule changes intended to help prevent avoidable foreclosures as the emergency federal foreclosure protections expire.

04/04/21

Consumer Finance Law – COVID-19 Year in Review JDSupra

Consumer Finance Law – COVID-19 Year in Review
The year 2020 was a tumultuous one given the unexpected COVID-19 pandemic, particularly for the mortgage lending and servicing industry. In response to sudden stay-at-home orders and a sharp drop in employment rates, federal and state policymakers moved quickly to offer financial relief to consumers and borrowers. While facing their own pandemic-induced operational hardships, mortgage lenders and servicers swiftly adjusted their business plans to adopt mortgage forbearance requirements and react to foreclosure moratoriums provided under the Coronavirus Aid, Relief, and Economic Security (CARES) Act. Balancing new regulatory requirements and a significant uptick in consumer demands kept lenders and servicers on their toes.

04/03/21

Biden signed $10B in mortgage help for homeowners. How do you get money? Yahoo Finance

Biden signed $10B in mortgage help for homeowners. How do you get money?
The latest COVID relief package signed into law by President Joe Biden sets aside billions for homeowners struggling to make their mortgage payments and other bills related to owning a home.

04/03/21

Episode 114 – When The Whistle Blows with Richard Bowen Real Progressives

Episode 114 – When The Whistle Blows with Richard Bowen
Steve Grumbine welcomes the uncompromising and incorruptible Richard Bowen to the studio to discuss the intricate web of deception and fraud more commonly known as our private banking system.

04/02/21

In the Court of Appeals for the State of Washington Division One Scott Stafne

In the Court of Appeals for the State of Washington Division One
In the Court of Appeals for the State of Washington Division One - Washington Court of Appeals Division One - PNC BANK, NATIONAL ASSOCIATION, its successors in interest and/or assigns v. LAURA COZZA - APPELLANT'S COZZA'S MOTION FOR RECONSIDERATION

04/02/21

Mortgage companies warned to take steps now to avoid foreclosure ‘tidal wave’ Bankrate

Mortgage companies warned to take steps now to avoid foreclosure ‘tidal wave’
The Consumer Financial Protection Bureau (CFPB) wants to avoid a wave of home foreclosures later this year and is warning mortgage servicers to take steps to help these homeowners.

04/02/21

How to use “Unpublished” Opinions Living Lies

How to use “Unpublished” Opinions
One of the peculiar aspects of foreclosure litigation over the past two decades has been the overuse (by appellate courts) of instructions not to publish opinions that favor homeowners in litigation. So the homeowner wins in that case but other homeowners and their attorneys probably never hear about it.

04/01/21

Still think it was a loan, think again! Look at these allegations from investors who thought they were buying loans. Living Lies

Still think it was a loan, think again! Look at these allegations from investors who thought they were buying loans.
If Countrwide was really a lender it would never have entered into this transction as a loan. If Countrywide was an underwriter it would never have approved this as a loan. Common sense dictates that Countrywide was an aggregatgor of data that was massaged to meet the instructions and needs of an investment bank.

03/31/21

The Difference Between a Hearsay on Hearsay “Report” and a Legally Admissible Accounting Record Living Lies

The Difference Between a Hearsay on Hearsay “Report” and a Legally Admissible Accounting Record
A report is not a record. It is a statement made about a record and it is by definition a statement made out of court by often unknown persons. That means it is at least hearsay and probably lacking in the foundation since the person who made entries from which the report was generated is unknown and cannot be questioned.

03/31/21

Courts Are Wasting Time, Not Saving It: Apply the rules of evidence and both claims and defenses will fall. Living Lies

Courts Are Wasting Time, Not Saving It: Apply the rules of evidence and both claims and defenses will fall.
The excuse for the sloppy ways that the rules of civil procedure and the rules of evidence are applied in a case where the foreclosure process is invoked has always been “limited judicial resources.”

03/30/21

The Case Against Foreclosure Mill Law Firms and Attorneys Living Lies

The Case Against Foreclosure Mill Law Firms and Attorneys
How is a foreclosure rescue scam any worse than a foreclosure theft scam? Or the real question — why is one scam punished and the other is rewarded with government help?

03/29/21

Basics of Trust Administration Living Lies

Basics of Trust Administration
What exactly does U.S. Bank, Deutsch Bank or Bank of New York Mellon “as trustee” do for “REMIC Trusts”? It might be as simple as nothing at all.

03/29/21

CDC will extend national eviction ban through June 30 CNBC

CDC will extend national eviction ban through June 30
The Centers for Disease Control and Prevention has extended the national ban on evictions through the end of June.

03/28/21

Credit Suisse Owned Select Portfolio Servicing Busted! Servicer Accused Of Jerking Around Black Homeowners, Again! MFI-Miami

Credit Suisse Owned Select Portfolio Servicing Busted! Servicer Accused Of Jerking Around Black Homeowners, Again!
Select Portfolio Servicing is busted jerking around people of color. This isn’t the first time. I’ve written about this multiple times. However, this time it was WFTV Reporter Todd Ulrich in Orlando who busted them. Ulrich also received the run around from SPS. As a result, he reached out to me for assistance.

03/27/21

We can't suspend evictions and foreclosures forever CNN

We can't suspend evictions and foreclosures forever
As the coronavirus shuttered much of the nation's economy last year, policymakers imposed a moratorium on evictions and foreclosures to keep millions of families from losing their homes.

03/26/21

How to Attack Facial Validity of Lawsuits, Summons and Other Foreclosure Documents Living Lies

How to Attack Facial Validity of Lawsuits, Summons and Other Foreclosure Documents
“Facial validity” consists of two words that are usually completely misunderstood in courts of law and frequently either misused or abused by the proponents of false claims on behalf of the false claimant or butchered by either neglect or inexperience by homeowners and their lawyers. And sadly most judges overapply it even in the face of gross abnormalities and fatal deficiencies.

03/25/21

Servicers are Not Servicers: Their Reports Are Not Business Records Living Lies

Servicers are Not Servicers: Their Reports Are Not Business Records
Since the reports presented in court are generally NOT made in the ordinary course of the “servicer’s” business they are inadmissible hearsay.

03/25/21

Congress Introduces Resolution to Rescind OCC’s “Fake Lender” Rule, Which Protects Predatory Lenders’ Evasions of State Interest Rate Limits NCLC

Congress Introduces Resolution to Rescind OCC’s “Fake Lender” Rule, Which Protects Predatory Lenders’ Evasions of State Interest Rate Limits
WASHINGTON, D.C. – Advocates at the National Consumer Law Center today applauded Senator Chris Van Hollen (D-MD), Senator Sherrod Brown (D-OH), and Congressman Jesus “Chuy” García (D-IL-4) for their plans to introduce Congressional Review Act (CRA) resolutions to eliminate a Trump-era regulation that helps lenders charging 179% APR or more evade state- and voter-approved interest rate caps. The resolutions are expected to be introduced today in the Senate and tomorrow in the House of Representatives.

03/25/21

OCC: Mortgage Performance Declines in Fourth Quarter ABA Banking Journal

OCC: Mortgage Performance Declines in Fourth Quarter
The share of current and performing first-lien mortgages in the fourth quarter of 2020 was 93.3%, down from 96.5% a year ago, according to the Mortgage Metrics Report released by the OCC today. Mortgage performance in the fourth quarter declined from a year ago as a result of the COVID-19 pandemic according to the report.

03/25/21

Then here I get hit in the face with this’: Homeowners claim mortgage terms not what they agreed to WFTV

Then here I get hit in the face with this’: Homeowners claim mortgage terms not what they agreed to
APOPKA, Fla. — An Apopka man claims he paid off his mortgage, but now the lender is demanding five more years of payments, and he feels the company is holding his home hostage. He says the loan servicing company refuses to give him answers, so he called Action 9.

03/23/21

On One Day Last Year, the Fed Had $495.7 Billion in Loans Outstanding to Unnamed Wall Street Trading Houses Wall Street On Parade

On One Day Last Year, the Fed Had $495.7 Billion in Loans Outstanding to Unnamed Wall Street Trading Houses
Yesterday the Federal Reserve released its “audited” financial statements with the following caveat, among numerous others:

03/23/21

Should States Be Obligated to Assign and Pay for Counsel to Defend Foreclosures? Living Lies

Should States Be Obligated to Assign and Pay for Counsel to Defend Foreclosures?
By presuming that virtually all defenses to foreclosures, other than payment, are without merit and futile, and by administering discipline or injunctions to lawyers who prove otherwise, the state has created a gap that only the state or Federal government can fill.

03/22/21

Investment banks are pushing technical agenda on “integrated records” that would deny homeowners’ due process. Living Lies

Investment banks are pushing technical agenda on “integrated records” that would deny homeowners’ due process.
When you lose your home in foreclosure, it is an involuntary gift to an investment bank that has already earned 12 times the amount of the transaction with you. The investment bank does NOT record the interest, principal or forced sale payment on any loan account receivable because there is no such account.

03/19/21

The New Untouchables Real Progressives

The New Untouchables
Real Progressives and the creators of “The Con” present a new series, “The New Untouchables:? The Pecora Files,” meticulously detailing the rampant financial fraud that has been poisoning our economy for the last century, and?what is to be done?about it.? “The Con” took a simple but revolutionary approach to explaining the epidemic of elite fraud driving the great financial crisis of 2007-2008. The New Untouchables presents the heroes, one at a time, who sought to prevent it and hold the elite predators accountable. New episodes every Sunday 8pm ET / 5pm PT View the trailer, then scroll down to binge the latest episodes!

03/19/21

With Forbearance Periods Ending, Corelogic Looks at Options for Borrowers to Exit Mortgage News Daily

With Forbearance Periods Ending, Corelogic Looks at Options for Borrowers to Exit
The number of loans in forbearance experienced the largest weekly decline since early January as servicers reviewed the hundreds of thousands that are due to expire at the end of March.

03/19/21

What You can Do About The Difficulty With Finding and Hiring an Attorney Living Lies

What You can Do About The Difficulty With Finding and Hiring an Attorney
It’s not difficult to identify the beneficiary of this phenomenon: it’s the Wall Street investment banks that are falsely claiming to have securitized transactions with homeowners that are falsely represented and labeled as loans.

03/18/21

Report: Foreclosures climb in February, still historically low The Title Report

Report: Foreclosures climb in February, still historically low
U.S. foreclosure filings saw an uptick in February, but they are still down considerably from a year ago, thanks to the pandemic foreclosure moratoriums.

03/17/21

Basic Premise in Foreclosure Defense: Documents Are Not Events Living Lies

Basic Premise in Foreclosure Defense: Documents Are Not Events
The fundamental error of most homeowners, lawyers, and frankly judges, is the failure to distinguish between the real world and the fictional world portrayed by documents in front of them.

03/16/21

Powerful alternatives to predatory lenders: Postal Service banking and public banks Chicago Sun Times

Powerful alternatives to predatory lenders: Postal Service banking and public banks
The payday and auto title loan industry exists only because vast swaths of the United States lack even one traditional bank in the community. It is that simple.

03/16/21

Our Ignorance Has Created a System That Chills Homeowner Access to Courts and Attorneys Living Lies

Our Ignorance Has Created a System That Chills Homeowner Access to Courts and Attorneys
The real problem is that stockbrokers masquerading as investment banks have committed the greatest economic crime in human history and have managed to cover it up by huge investments into the system wherein they control the narrative.

03/14/21

Wall Street vs. Workers Wall Street On Parade

Wall Street vs. Workers
“The economy isn’t physics – it’s not governed by scientific laws outside our control. It’s made up of people making choices about our values and what kind of society we want to live in.

03/15/21

What to do about Court bias Living Lies

What to do about Court bias
Bias is a state of mind. Everone has a mind and if they are living they have a state of mind. So every judge has some biases. In our system of court procedure, bias is ONLY important to impeach a witness or to ask the trial judge to recuse themselves — or beyond that,

03/12/21

SBA Extends Deferment Period for all COVID-19 EIDL and Other Disaster Loans until 2022 SBA

SBA Extends Deferment Period for all COVID-19 EIDL and Other Disaster Loans until 2022
Washington, March 12, 2021 (GLOBE NEWSWIRE) -- The U.S. Small Business Administration announced extended deferment periods for all disaster loans, including the COVID-19 Economic Injury Disaster Loan (EIDL) program, until 2022. All SBA disaster loans made in calendar year 2020, including COVID-19 EIDL, will have a first payment due date extended from 12-months to 24-months from the date of the note. All SBA disaster loans made in calendar year 2021, including COVID-19 EIDL, will have a first payment due date extended from 12-months to 18-months from the date of the note.

03/12/21

Foreclosure Rise Despite COVID Moratoriums Mortgage News daily

Foreclosure Rise Despite COVID Moratoriums
While the federal moratoriums are keeping the numbers low, ATTOM Data Solutions reports that 16 percent more residential properties received a foreclosure filing in February compared to a month earlier.

03/12/21

The note is evidence of the debt and the terms of repayment. It is not the debt itself Living Lies

The note is evidence of the debt and the terms of repayment. It is not the debt itself
The only way that the note can be used in any claim for administration, collection or enforcement is if it is evidence of an existing underlying obligation. It is the underlying transaction, not the note, that creates the liability of the maker of the note.

03/11/21

Federal judge in Ohio rules CDC exceeded authority with eviction ban CNBC

Federal judge in Ohio rules CDC exceeded authority with eviction ban
A federal judge in Ohio has ruled that the Centers for Disease Control and Prevention overstepped its authority when it banned evictions nationwide.

03/10/21

Banking on Bullshit The Nation

Banking on Bullshit
Anastasia Nesvetailova and Ronen Palan’s recent book argues that the financial system is built on a system that incentivizes sabotage and cheating.

03/10/21

How Homeowners Can Win On Appeal in Foreclosure Cases Living Lies

How Homeowners Can Win On Appeal in Foreclosure Cases
The bottom line in trial court actions defending foreclosures is that generally whatever you’re thinking about your defense, you need a little more than that. On Appeal, you need a lot more than what you are supposing will present the foundation for an opinion that reverses the trial court.

03/09/21

“Modifications” and Mediations are Opportunities for Homeowners to Deliver Blows and Setbacks to Self-proclaimed “Servicers” Living Lies

“Modifications” and Mediations are Opportunities for Homeowners to Deliver Blows and Setbacks to Self-proclaimed “Servicers”
When presented with a situation in which a court has ordered mediation or where a proposed modification has been offered, practicitioners (lawyers) should be asking themselves what they would do if they knew for a fact that

03/09/21

Home / Commentary / Is a Foreclosure Crisis in the Cards? Print This Post Print This Post Is a Foreclosure Crisis in the Cards? DS News

Home / Commentary / Is a Foreclosure Crisis in the Cards? There’s no real way to gauge how many people entering the mortgage forbearance programs will fail to resume payments. So there is no way to determine what foreclosures will look like once these programs end. Will we see a tsunami like we saw during the Great Recession? Or will it be something more manageable that won’t disrupt the market?

03/07/21

DannLaw Covid-19 Update 13 Dann Law

DannLaw Covid-19 Update 13
A lot has changed since we posted our last update. A new president is in the White House, mortgage forbearance programs and foreclosure moratoriums have been extended by the federal government, a $1.9 trillion stimulus package is working its way through Congress, millions of Americans have been vaccinated against the coronavirus and the entire U.S. population may be inoculated by early summer. For the first time in a very long time, there is light at the end of the COVID tunnel. Unfortunately, that light could become an oncoming train for homeowners who make unwise or incorrect decisions when forbearance and foreclosure relief programs sunset in the months ahead.

03/05/21

Residential Leasebacks: A Tool Against Future Foreclosure Crises? DS News

Residential Leasebacks: A Tool Against Future Foreclosure Crises?
In 2009, I began purchasing single-family (SF) and small multifamily foreclosures with the strategy of refurbishing and renting the assets until the market recovered. Our company was able to

03/05/21

“Random” Lien Releases Causing Trouble at Ocwen Living Lies

“Random” Lien Releases Causing Trouble at Ocwen
It has been happening for at least 10 years. Most homeowners never knew it happened. They were served with foreclosure notices and they simply walked away thinking that they had an unpaid account receivable with their name on it and that foreclosure was inevitable.

03/03/21

Loans Should Be Local Living Lies

Loans Should Be Local
In today’s technology, there is no good reason why all banks, large and small should not be competing for the same customers for services relating to demand deposit accounts and even long-term deposits. They are all equally dependent upon the same technology backbone, electronic funds transfer, and everything else.

03/03/21

The “Holder” Myth: How Wall Street Baffles the Courts Living Lies

The “Holder” Myth: How Wall Street Baffles the Courts
In a very recent deposition expertly done by a lawyer in an extremely conservative state, the grossly illegal plan to falsely present a scenario of “securitization of loans” was laid bare despite many attempts by an experienced witness who confessed that he was primarily a teacher to other witnesses for Mr. Cooper d/b/a Nationstar.

03/02/21

Gary Dubin, Esq. Fights Back! Petitions U.S. Supreme Court for Violations of Due Process Living Lies

Gary Dubin, Esq. Fights Back! Petitions U.S. Supreme Court for Violations of Due Process
I learned early (2006-2011) on when some 26 state bar associations filed various types of complaints or started investigations of my efforts to help homeowners. I fought them all back. Meanwhile, I have seen one lawyer after another falling victim to imaginary violations or discipline that was about 10 times worse than lawyers doing anything other than foreclosure defense.

03/01/21

New report highlights housing insecurity and the need for aggressive action CFPB

New report highlights housing insecurity and the need for aggressive action
Today, the CFPB released our first analysis of the impacts of the COVID-19 pandemic on housing. The good news is that actions taken by both the public and private sector have, so far, prevented many families from losing their homes during the height of the public health crisis. However, as legal protections expire

03/01/21

Wall Street Is Still Selling the Myth That Transactions With Homeowners Were Loans and That Risk IS Properly Allocated to Homeowners Instead of Securitization Schemers Living Lies

Wall Street Is Still Selling the Myth That Transactions With Homeowners Were Loans and That Risk IS Properly Allocated to Homeowners Instead of Securitization Schemers
Today we are still living with the myth that the transactions with homeowners were loans, that the concealed risks absorbed by homeowners should not be compensated, and that administration, collection, and enforcement of nonexistent accounts receivable should be allowed. We can all change that by being open to the idea that maybe it isn’t the way that Wall Street is selling it.

02/27/21

Justice Dept. to appeal judge’s order on eviction moratorium ABC

Justice Dept. to appeal judge’s order on eviction moratorium
The Justice Department said Saturday it will appeal a judge’s ruling that found the federal government’s eviction moratorium was unconstitutional.

02/25/21

Federal judge rules eviction moratorium is unconstitutional CNN

Federal judge rules eviction moratorium is unconstitutional
A federal judge in Texas on Thursday ruled that the federal moratorium on evictions is unconstitutional, according to court documents. US District Judge John Barker

02/25/21

FHFA Extensions Will Align COVID-19 Mortgage Relief Policies DS News

FHFA Extensions Will Align COVID-19 Mortgage Relief Policies
The Federal Housing Finance Agency (FHFA) Thursday announced extensions of several measures that the agency says will align COVID-19 mortgage relief policies across the federal government.

02/24/21

Biden administration may undo certain Trump-era mortgage rules CNBC

Biden administration may undo certain Trump-era mortgage rules
The Biden administration hinted it may dismantle mortgage rules inked during the waning days of Donald Trump’s presidency

02/24/21

The LaSalle Bank Myth Living Lies

The LaSalle Bank Myth
The progression from LaSalle Bank to Bank of America to US Bank is highly suspect. While it is true that there was a merger between Bank of America and LaSalle Bank, It is equally true that the merger was preceded by a reverse merger between LaSalle Bank and ABN AMRO.

02/23/21

Lawyer: Woman fighting to keep longtime Miami home that was foreclosed on and re-sold Local10

Lawyer: Woman fighting to keep longtime Miami home that was foreclosed on and re-sold
MIAMI – Ana Rodriguez is 82 years old. There’s a book about her life. How, as a young med student and member of the anti-Castro underground in Cuba, she was imprisoned by the regime for 19 years. She was released, eventually becoming a United States citizen and making it her home. Now, comes a fight to literally keep her home.

02/17/21

Why Fraud Charges Keep Getting Kicked Out by the Courts Living Lies

Why Fraud Charges Keep Getting Kicked Out by the Courts
This is tricky. I have often had complaints dismissed because I didn’t make it over the threshold requirements for surviving a motion that attacks the elements of fraud. So in answer to many questions posed to me, the main reasons why fraud allegations are ignored or dismissed are as follows:

02/16/21

Buchalter COVID-19 Client Alert: FHA, VA, USDA Foreclosure and Eviction Moratoria, and Forbearance Application Deadline, Extended to June 30; Current List of Time Periods for GSEs, Federal Agencies and West Coast States Foreclosures and Evictions, and Forbearance Applications Buchalter

Buchalter COVID-19 Client Alert: FHA, VA, USDA Foreclosure and Eviction Moratoria, and Forbearance Application Deadline, Extended to June 30; Current List of Time Periods for GSEs, Federal Agencies and West Coast States Foreclosures and Evictions, and Forbearance Applications
Following last week’s FHFA announcement extending the Fannie Mae and Freddie Mac foreclosure and eviction moratoria and their deadlines for applying for COVID-related forbearance, the White House announced on February 16 that FHA, VA, and USDA will extend their single-family residential foreclosure and eviction moratoria, and their deadlines for applying for COVID-related forbearance, to June 30, 2021. Additionally, the amount of time a borrower may be in a COVID-related forbearance will be increased for an additional six months for those who first enrolled in a forbearance plan before June 30, 2020.

02/16/21

Biden extends foreclosure moratorium and mortgage forbearance through June Politico

Biden extends foreclosure moratorium and mortgage forbearance through June
The Biden administration announced Tuesday that it would extend the foreclosure moratorium and mortgage forbearance through the end of June. The actions would block home foreclosures and offer delayed mortgage payments until July, as well as offer six months of additional mortgage forbearance for those who enroll on or before June 30.

02/16/21

Look at the Name of the Foreclosure Plaintiff or Beneficiary: Challenge the Deficiencies Early in Litigation. Living Lies

Look at the Name of the Foreclosure Plaintiff or Beneficiary: Challenge the Deficiencies Early in Litigation.
A simple fact that eludes most pro se litigants is that they are litigating with a ghost. They have no obligation to defend the claim of a ghost except to challenge the foreclosure mill to at least allege or produce an exhibit that

02/15/21

The Foreclosure Case Against You Living Lies

The Foreclosure Case Against You
The foreclosure case against you is an allegation claiming that you owe money to the claimant, that you failed to pay it, and a demand that the court force you to pay it. The allegations are contained in the body of the complaint, if

02/15/21

FHFA Increases Actions to Prevent Home Loss DS News

FHFA Increases Actions to Prevent Home Loss
Foreclosure prevention actions are mounting, according to the Federal Housing Finance Agency. A total of 107,609 were completed by the Enterprises in November—with the total hitting 5,499,159 since September 2008. It marked the start of the conservatorships. Meantime, permanent loan modifications have accounted for about 44% of these actions.

02/12/21

THE CON: The American Dream Dies Where Power Lies Bill Moyers

THE CON: The American Dream Dies Where Power Lies
In the wake of the 2008 financial crisis, filmmaker Eric Vaughan was approached by his friend and colleague, Patrick Lovell, one of nearly 10 million Americans who lost their home in the crisis, with a simple question: how did this happen? Thus began their nearly 10 year journey of making THE CON, a five-part documentary series and in-depth investigation into the origins and aftermath of “the largest criminal conspiracy in American history.”

02/12/21

Banks are not loaning their own money because they don’t need to Living Lies

Banks are not loaning their own money because they don’t need to
The nation’s biggest banks are reporting lower and lower volumes of loans from their own balance sheet — just as I predicted 14 years ago. The latest article is by Shahien Nasiripour of Bloomberg and reprinted by Washington Post.

02/11/21

Low Foreclosure Rates May Obscure ‘Market Reality’ DS News

Low Foreclosure Rates May Obscure ‘Market Reality’
Low numbers are attributed to CARES Act protections, but some states have reported an increase in foreclosure starts.

02/09/21

Buchalter COVID-19 Client Alert: FHFA Announces Extension of Time Periods for GSEs’ Foreclosure and Eviction Moratoria; List of Current Time Periods for GSEs, Federal Agencies and West Coast States Foreclosures and Evictions, and Forbearance Applications JD Supra

Buchalter COVID-19 Client Alert: FHFA Announces Extension of Time Periods for GSEs’ Foreclosure and Eviction Moratoria; List of Current Time Periods for GSEs, On February 9, the Federal Home Finance Agency announced extensions of time until March 31, 2021 for the Freddie Mac and Fannie Mae COVID-related foreclosure and eviction moratoria, and allowed an additional three months of forbearance for borrowers in a forbearance plan as of February 28. Other federal agencies and various states have also extended such deadlines for foreclosure and eviction moratoria, and for borrowers to apply for forbearance. Below are the new deadlines for the GSEs, federal agencies and California, Washington, Oregon and Arizona.

02/09/21

FHFA Extends Foreclosure Moratorium, Forbearance Period DS News

FHFA Extends Foreclosure Moratorium, Forbearance Period
FHFA Tuesday announced another extension of its foreclosure and eviction moratorium through March 31. That means a ban on single-family foreclosures for loans backed by Fannie Mae or Freddie Mac.

02/08/21

How the SEC Is Used by Wall Street Brokers to Deceive the Courts, the Public and the Legal Community Living Lies

How the SEC Is Used by Wall Street Brokers to Deceive the Courts, the Public and the Legal Community
The question is related to whether the SEC had undertaken any analysis of supposedly exempt MBS certificates. It is obvious that it has not done so. The agency has taken a position that is contrary to express factual and legal findings in thousands of cases

02/05/21

13 Questions: Here is what the OCC said should be minimum operating standards for “servicers” Living Lies

13 Questions: Here is what the OCC said should be minimum operating standards for “servicers”
On April 19, 2013, the Office of the Comptroller of the Currency (OCC) published “Operating standards for scheduled foreclosure sales.” This was about 5 years after public recognition of the mortgage meltdown, and 1 year after the infamous 50-state settlement

02/04/21

Following push from Klobuchar, USDA suspends farm loan collections and foreclosures Marshall Independent

Following push from Klobuchar, USDA suspends farm loan collections and foreclosures
FEB 4, 2021 WASHINGTON – U.S. Senators Amy Klobuchar (D-MN) and John Hoeven (R-ND) announced that the U.S. Department of Agriculture (USDA) is suspending past-due debt collections and foreclosures for nearly 10 percent of all farmers borrowing under Farm Service Agency programs.

02/03/21

Ocwen (PHH) Slammed with Lawsuit by 33 State Attorneys General Living Lies

Ocwen (PHH) Slammed with Lawsuit by 33 State Attorneys General
The new suit is about charging illegal fees. But if the attorney generals of each state want real leverage they need only demand discovery responses to one simple question: Name the Creditor Who Authorized You to Act as Agent, Servicer, or Power of Attorney.

02/03/21

Always wrong, never in doubt. IRS Struggles With REMIC Relief Living Lies

Always wrong, never in doubt. IRS Struggles With REMIC Relief
see https://www.jdsupra.com/legalnews/irs-extends-remic-and-trust-relief-9911184/ Always wrong, never in doubt. The problem is not whether REMIC trusts, trustees, and beneficiaries should be given extensions on reporting and other relief on the cash flow generated or delayed through REMICs.

02/02/21

IRS Extends REMIC and Trust Relief Guidance for COVID-19 Emergency-Related Mortgage Forbearances and Modifications JD Supra

IRS Extends REMIC and Trust Relief Guidance for COVID-19 Emergency-Related Mortgage Forbearances and Modifications
The Internal Revenue Service (IRS) issued Revenue Procedure 2021-12 on January 14, extending the safe harbors in Revenue Procedures 2020-26 and 2020-34 to September 30, 2021. This LawFlash discusses the portion of Revenue Procedure 2021-12 relating to Revenue Procedure 2020-26.

02/02/21

The SEC.GOV Scam Played By Foreclosure Mills Living Lies

The SEC.GOV Scam Played By Foreclosure Mills
Sec.gov is basically used by foreclosure mill lawyers as an ftp site on which documents are stored rather than registered or reviewed for facial validity. But they use it to mislead the court

02/02/21

CFPB's New Seasoning Rule is Already Showing Promise Mortgage News Daily

CFPB's New Seasoning Rule is Already Showing Promise
The Urban Institute (UI) has looked at a final mortgage rule issued by the Consumer Financial Protection Bureau (CFPB) in late 2020 which would provide a 3-year pathway to safe harbor for loans that are a rebuttable presumption or nonqualified mortgage at origination.

02/01/21

Why the SEC Should Enforce Securities Laws and Regulations Against Wall Street Brokers Who Issued “certificates” Under False Pretenses Living Lies

Why the SEC Should Enforce Securities Laws and Regulations Against Wall Street Brokers Who Issued “certificates” Under False Pretenses
Investors who sued based upon “bad underwriting” have received settlements. Homeowners who sue based upon “bad underwriting” are given the boot. Either they are told they cannot sue proactively or they are defeated later because the trial judge thinks

01/28/21

FHFA’s Foreclosure Prevention and Refinance Activity Report DS News

FHFA’s Foreclosure Prevention and Refinance Activity Report
The Federal Housing Finance Agency (FHFA) released the Federal Property Manager’s 21-page Foreclosure Prevention, Refinance Report for October 2020. The full document details the entire month, but here are some highlights.

01/28/21

DANIEL LEWIS and ROSANNA LEWIS v. US BANK NATIONAL ASSOC., ETC., 19-0942 (Fla. Dist. Ct. App. 2020) Court Listener

DANIEL LEWIS and ROSANNA LEWIS v. US BANK NATIONAL ASSOC., ETC., 19-0942 (Fla. Dist. Ct. App. 2020)
DISTRICT COURT OF APPEAL OF THE STATE OF FLORIDA FOURTH DISTRICT DANIEL LEWIS and ROSANNA LEWIS, Appellants, v. US BANK NATIONAL ASSOCIATION, ET AL., Appellee. No. 4D19-942

01/28/21

The Black Hole at the Heart of the Eviction Crisis NY Times

The Black Hole at the Heart of the Eviction Crisis
One-third of U.S. counties have no available annual eviction figures. Congress can create a nationwide database to better target relief.

01/27/21

Nothing is or was securitized. No sale of any asset occurred. Living Lies

Nothing is or was securitized. No sale of any asset occurred.
The main obstacle to homeowner success in the courtroom is the asymmetry of information causing the homeowner to believe that they were part of a loan transaction instead of merely being compensated for a concealed business plan that was completely reliant on the homeowner’s unknowing cooperation.

01/26/21

Latest Moratorium Extensions Are Two-Edged Sword Living Lies

Latest Moratorium Extensions Are Two-Edged Sword
The new president is facing incoming fire from all directions. If he does not extend the moratorium on foreclosures and evictions, hundreds of thousands of people are going to be homeless. But the extension does not come without costs.

01/25/21

It Must Be a Loan”: Don’t Pretend You Read and Understand the Documents Living Lies

It Must Be a Loan”: Don’t Pretend You Read and Understand the Documents
“Because corporations and their lawyers know most consumers don’t have the time or wherewithal to study their new terms, which can stretch to 20,000 words — about the length of Shakespeare’s “Julius Caesar” — they stuff them with opaque provisions and lengthy legalistic explanations meant to confuse or obfuscate.

01/25/21

Janet Yellen Confirmed By Senate, Making History As First Female Treasury Secretary NPR

Janet Yellen Confirmed By Senate, Making History As First Female Treasury Secretary
The Senate quickly confirmed Janet Yellen to be Treasury secretary on Monday, days after she won unanimous backing from both Democrats and Republicans on the Senate Finance Committee.

01/21/21

CDC Director Will Extend Federal Eviction Moratorium Until March 31 WBUR

CDC Director Will Extend Federal Eviction Moratorium Until March 31
As Massachusetts experiments with expanded monetary and legal assistance to prevent evictions during the pandemic, the Biden administration is making eviction policy a central part of his early executive actions to address what he described as an "almost unprecedented housing affordability crisis."Centers for Disease Control and Prevention Director Rochelle Walensky announced Wednesday that she will extend the federal eviction moratorium until at least March 31.

01/20/21

A Look at the Potential Foreclosure Wave of 2021 DS News

A Look at the Potential Foreclosure Wave of 2021
This week, DS5 Inside the Industry featured an interview with Rick Sharga, EVP at RealtyTrac, a foreclosure data company, where he is responsible for developing and executing a strategic marketing plan to optimize growth and drive business development.

01/20/21

Biden extends the national ban on evictions through March 2021 CNBC

Biden extends the national ban on evictions through March 2021
President Joe Biden on Wednesday extended the federal ban on evictions through March 2021 with an executive action in one of his first official acts following inauguration.

01/20/21

Highlights from Janet Yellen’s Confirmation Hearing for Treasury Secretary Wall Street On Parade

Highlights from Janet Yellen’s Confirmation Hearing for Treasury Secretary
The mood among Democrats in Washington was captured at the Senate Finance Committee’s confirmation hearing on Tuesday for former Fed Chair Janet Yellen to become the new Treasury Secretary.

01/20/21

Modifications Are Part of the Big Lie: Don’t send that application for modification if you don’t want to waive important rights. Living Lies

Modifications Are Part of the Big Lie: Don’t send that application for modification if you don’t want to waive important rights.
The application for modification licenses New Rez aka PHH aka Ocwen to sell, distribute the personal data and transaction data to third parties. Besides the obvious problems with data privacy, this confirms the apparent voluntary participation of the homeowner in a securities scheme that was and still is concealed from the homeowner.

01/19/21

Denial is not a Defense: Registrars and Clerks Are Missing the Point and Most of Them Know It Living Lies

Denial is not a Defense: Registrars and Clerks Are Missing the Point and Most of Them Know It
It is the transfer document itself that suggests there was something to transfer. And it suggests that there really is a transferor and transferee because that is what is written on a piece of paper. But there is no transaction that is memorialized. It is all fiction. Nothing was transferred. But that fiction leads to defeat for homeowners unless it is aggressively contested.

01/19/21

Wall Street Fears Gary Gensler Because He Knows Too Much Wall Street On Parade

Wall Street Fears Gary Gensler Because He Knows Too Much
Last Tuesday, Wall Street was stewing over the Reuters report that President-Elect Joe Biden was likely to name Gary Gensler, the former Chair of the Commodity Futures Trading Commission (CFTC), as the new Chair of the Securities and Exchange Commission (SEC).

01/18/21

Janet Yellen Is Set to Inherit a Helluva Lot of Power, Thanks to Stealthy Changes in the Law Wall Street On Parade

Janet Yellen Is Set to Inherit a Helluva Lot of Power, Thanks to Stealthy Changes in the Law
At 10 a.m. tomorrow morning, one day ahead of President-Elect Joe Biden’s inauguration, the Senate Finance Committee will hold the confirmation hearing for Janet Yellen to become the next U.S. Treasury Secretary. In that role,

01/18/21

Banks have failed to produce any evidence that isn’t false and fabricated Living Lies

Banks have failed to produce any evidence that isn’t false and fabricated
If it were true that the claimants and plaintiffs in foreclosures were real, you would have reams of pleading, exhibits, and evidence showing that — and there would be very few defenses left for homeowners.

01/15/21

Another Dubin Victory for Homeowners In Hawaii. How crazy is it that he is under fire? Living Lies

Another Dubin Victory for Homeowners In Hawaii. How crazy is it that he is under fire?
There are several things in this case that I find astonishing. * First and foremost is the fact that here is another victory by Gary Dubin on behalf of a Hawai’i citizen fighting to defend his home against an unlawful, illegal and fraudulent claim. And yet, the same court granting his appeal is taking him out of the playground as though somehow they are protecting Hawai’i citizens. NUTS!~

01/15/21

Another Dubin Victory for Homeowners In Hawaii. How crazy is it that he is under fire? Living Lies

Another Dubin Victory for Homeowners In Hawaii. How crazy is it that he is under fire?
There are several things in this case that I find astonishing. * First and foremost is the fact that here is another victory by Gary Dubin on behalf of a Hawai’i citizen fighting to defend his home against an unlawful, illegal and fraudulent claim. And yet, the same court granting his appeal is taking him out of the playground as though somehow they are protecting Hawai’i citizens. NUTS!~

01/15/21

Servicers relent one case at a time: The Great Escrow Balance Game. Getting money just because you asked for it.. Living Lies

Servicers relent one case at a time: The Great Escrow Balance Game. Getting money just because you asked for it.
Playing with the escrow balance and asking for more money is one of many games the “servicers” play in the Great Securitization game. Relentlessness in challenging (1) the authority of the company pretending to be a servicer and (2) their rendition of the escrow balance

01/15/21

Black Americans suffered the most under Trump-era consumer-protection agency, study finds Marketwatch

Black Americans suffered the most under Trump-era consumer-protection agency, study finds
Elizabeth Warren tells MarketWatch: ‘For several years, the Trump administration has undermined the CFPB, tossing out important consumer protections and refusing to enforce the law, often at the expense of Black and brown Americans and low-income communities…’

01/14/21

Foreclosure Filings Drop to 16-Year Low DS News

Foreclosure Filings Drop to 16-Year Low
Nationwide foreclosure activity plummeted in 2020 to record depths, according to new statistics released by ATTOM Data Solutions.

01/13/21

Sherrod Brown, One of Wall Street’s Biggest Critics, Set to Take the Gavel at Senate Banking Wall Street On Parade

Sherrod Brown, One of Wall Street’s Biggest Critics, Set to Take the Gavel at Senate Banking
On January 7, Senator Sherrod Brown of Ohio, the Ranking Member of the Senate Banking Committee, released a statement indicating that he is to become the new Chair of that Committee. The announcement came as the Democrats are set to take control of the full Senate from Republicans as a result of the Georgia runoff.

01/12/21

If you have CYNTHIA RILEY’s “signature” on any document in your chain of title you need to read this. Same for Jess Almanza. Living Lies

If you have CYNTHIA RILEY’s “signature” on any document in your chain of title you need to read this. Same for Jess Almanza.
MFI-Miami has a file cabinet filled with foreclosure files containing Riley’s stamp that weren’t consummated until months or years after she left Washington Mutual. https://mfi-miami.com/2017/11/jpmorgan-chase-1/ Nearly 2/3 of the Washington Mutual Promissory Notes in foreclosure contain an endorsement stamp of former Washington Mutual Vice President Cynthia Riley. Riley was a Vice President of Washington Mutual until November of 2006 Nearly half of the Washington Mutual loans currently in foreclosure were consummated after November of 2006.

01/11/21

IS ANY OF THIS REAL? From LaSalle Bank to ABN AMRO and LaSalle Bank to Bank of America Ending With U.S. Bank Living Lies

IS ANY OF THIS REAL? From LaSalle Bank to ABN AMRO and LaSalle Bank to Bank of America Ending With U.S. Bank
The progression from LaSalle Bank to Bank of America to US Bank is highly suspect. While it is true that there was a merger between Bank of America and LaSalle bank, It is equally true that the merger was preceded by a reverse merger between LaSalle Bank and ABN AMRO.

01/10/21

When Do CARES Act Forbearance Rights and Foreclosure Moratoriums End? JD Supra

When Do CARES Act Forbearance Rights and Foreclosure Moratoriums End?
The March 2020 Coronavirus Aid, Relief, and Economic Security Act (CARES Act) contains a number of provisions that help borrowers with federally backed mortgage loans. Among these are forbearance protections for borrowers with single-family loans and multifamily loans. However, only one of the forbearance provisions has a clearly defined period when the rights are available. As detailed below, the various federal agencies are taking a piecemeal approach to forbearances, resulting in differing deadlines for different types of federally backed mortgages and lots of confusion for the servicers who have to implement the forbearance programs.

01/09/21

NY Stays Residential Evictions, Foreclosures Through Feb. 27 JD Supra

NY Stays Residential Evictions, Foreclosures Through Feb. 27
On December 28, 2020, New York Governor Andrew M. Cuomo signed the COVID-19 Emergency Eviction and Foreclosure Prevention Act of 2020 (EEFPA) which became effective immediately. The new law includes separate components related to residential evictions, mortgage foreclosures, tax foreclosures, negative credit reporting, credit discrimination, and tax renewal exemption protections. This alert will primarily focus on the EEFPA’s effect upon mortgage foreclosures, negative credit reporting, and credit discrimination.

01/08/21

Tax Free Scheme Robs Homeowners and Investors — Trillions Owed to IRS and State Tax Authorities Living Lies

Tax Free Scheme Robs Homeowners and Investors — Trillions Owed to IRS and State Tax Authorities
Hat tip to Summer Chic There are many ways this fraudulent conduct can be stopped or modified. One of them is for taxing authorities to take notice that most of the money generated from the scheme was never reported as income resulting in astronomical underpyments of income tax, transfer taxes, recording fees, etc.

01/08/21

After Mnuchin Demanded that Fed Chair Powell Return Hundreds of Billions from Its Emergency Lending Facilities, Fed Sends Back Just $41.3 Billion Wall Street On Parade

After Mnuchin Demanded that Fed Chair Powell Return Hundreds of Billions from Its Emergency Lending Facilities, Fed Sends Back Just $41.3 Billion
We have become convinced that the allocation of $454 billion under the CARES Act stimulus legislation to cover any losses incurred in the Fed’s emergency bailout programs was a dog and pony show created by U.S. Treasury Secretary Steve Mnuchin (who has testified to Congress that he helped write the legislation) in order to provide Mnuchin with a slush fund to trade in markets.

01/07/21

Death and Mayhem Inside the Capitol Building and the Stock Market Gains 437.8 Points. Why? Wall Street On Parade

Death and Mayhem Inside the Capitol Building and the Stock Market Gains 437.8 Points. Why?
As a violent mob of Trump’s citizen militia scaled walls, broke windows and seized control of the Capitol building yesterday around 2 p.m., the Dow Jones Industrial Average set a new intraday high of 31,022.65. It gave up very little by the 4 p.m. close, gaining 437.8 points on the day.

01/06/21

Homeowner’s Dilemma and Pro Se Nightmare: Wanting the system to change is not the way to win a case Living Lies

Homeowner’s Dilemma and Pro Se Nightmare: Wanting the system to change is not the way to win a case
Homeowners win because there is no legal claim against them. But they will lose every time if they fail to establish the inability or unwillingness of the foreclosure mill to come up with concrete evidence that there is, in fact, a loan receivable entry on the accounting ledgers of the claimant and that it got there by virtue of a real-world transaction in which value was paid for the underlying obligation.

01/05/21

Consumer Law Rights Scheduled To Go Into Effect Or Extended In 2021. NCLC

Consumer Law Rights Scheduled To Go Into Effect Or Extended In 2021.
Availability of Chapter 13 Discharge Despite Missed Payments
Protection of Stimulus Payments from Bankruptcy Trustee
Protection Against Discrimination
CARES Forbearance Claim
Continued Utility Service

01/05/21

In most cases the originator labelled as “lender” was never the lender and never owned the debt — so it could not transfer or convey the loan to anyone Living Lies

In most cases the originator labelled as “lender” was never the lender and never owned the debt — so it could not transfer or convey the loan to anyone
The challenge to homeowners and attorneys who represent homeowners in foreclosure proceedings, is to see the written documents not as presumptively true, but rather as presumptive lie.

01/05/21

This article lists federal and state consumer law changes that are scheduled to go into effect in 2021. NCLC

This article lists federal and state consumer law changes that are scheduled to go into effect in 2021.
This article lists federal and state consumer law changes that are scheduled to go into effect in 2021. This includes new rights and also rights and programs that were scheduled to terminate in 2020, but are now extended into 2021.

01/04/21

Some Pandemic Protections for Consumers Could Become Permanent Pew Research Trust

Some Pandemic Protections for Consumers Could Become Permanent
A woman walks past a personal finance loan office in Franklin, Tennessee. Officials in all 50 states and Washington, D.C., have taken emergency action to protect consumers during the pandemic, including enacting temporary measures to curtail aggressive debt collection. Some want to make the protections permanent.

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