Articles Related To Mortgage Servicing Fraud

Date	Article Articles are added weekly	Source	Comment
10/31/17	To Solve the Next Foreclosure Crisis, Look to Sacramento	The Regulatory Review	To Solve the Next Foreclosure Crisis, Look to Sacramento Over 75 percent of all U.S. homebuyers use a mortgage. But during the Great Recession, nearly 4 million homeowners every year failed to make their monthly mortgage payments on time. If a borrower misses a series of mortgage payments, the lender has the right to initiate foreclosure by repossessing the home and evicting the homeowner.
10/31/17	STANDING: Fla. 4th DCA Rules PSA Hearsay and Therefore Not Admissible — Case Dismissed	Living Lies	STANDING: Fla. 4th DCA Rules PSA Hearsay and Therefore Not Admissible — Case Dismissed The Pooling and Servicing Agreement MIGHT be self-authenticating under F.S. 90.902 but still inadmissible as hearsay. Thus the PSA is NOT a substitute for evidence of an actual transfer of the loan to a purported REMIC trust.
10/30/17	Cordray pleads directly with Trump to save CFPB’s arbitration rule	Housing Wire	Cordray pleads directly with Trump to save CFPB’s arbitration rule Consumer Financial Protection Bureau Director Richard Cordray took an extraordinary step on Monday, pleading directly with President Donald Trump in a last-ditch effort to save the CFPB’s controversial arbitration rule.
10/30/17	Now entering phase 2: The updated digital mortgage	Housing Wire	Now entering phase 2: The updated digital mortgage Coverage on digital mortgages moved from transforming the front end of the process to transforming the back end: Phase two.
10/30/17	Compliance: A look at RESPA’s 120-day foreclosure restriction	CUNA	Compliance: A look at RESPA’s 120-day foreclosure restriction During CUNA’s Attorney’s Conference last week, a presentation on recent changes to the mortgage servicing rules under Regulations Z and X prompted a question related to the Real Estate Settlement Procedures Act (RESPA) 120-day foreclosure restriction:
10/30/17	Mortgage brokers BRAWL with untrustworthy wholesale lenders	Housing Wire	Mortgage brokers BRAWL with untrustworthy wholesale lenders Mortgage companies posing as broker-friendly wholesale lenders but functioning as retail lenders are now, after years of anonymity, the talk of the industry.
10/30/17	NJ Appellate Court Decision Goes to Achilles Heel of “Securitizers”	Living Lies	NJ Appellate Court Decision Goes to Achilles Heel of “Securitizers” “In order to have standing to foreclose a mortgage, a party ‘must own or control the underlying debt.'”
10/30/17	Banks Make Money on Settlements Too	Living Lies	Banks Make Money on Settlements Too If you are waiting for one of those “settlements” to mean something before your home goes up for auction, don’t hold your breath. Relief is not coming.
10/29/17	TFH 10/18 \| Disorganized Crime: Revealing How Government Insiders Have Secretly Used Fannie Mae, Freddie Mac, MERS, the FDIC, and the Justice Department To Steal Trillions of Dollars from Homeowners and GSE Investors by Defrauding Our Courts	Stopforeclosurefraud.com	TFH 10/18 \| Disorganized Crime: Revealing How Government Insiders Have Secretly Used Fannie Mae, Freddie Mac, MERS, the FDIC, and the Justice Department To Steal Trillions of Dollars from Homeowners and GSE Investors by Defrauding Our Courts It has often been said that the best way to rob a bank is to own one. There have been bank robberies throughout
10/27/17	Down payment insurer ValueInsured now offering refi protection	Housing Wire	Down payment insurer ValueInsured now offering refi protection Protects equity if borrower needs to sell at a loss in the future
10/27/17	Mortgage lenders: Here's your blockchain primer	Housing Wire	Mortgage lenders: Here's your blockchain primer Technologies like blockchain have the potential to change the game in the financial services industry by not only speeding up and providing complete visibility
10/27/17	What Accountants Say About the REMIC Trusts	Living Lies	What Accountants Say About the REMIC Trusts “Because securitization entities are typically insufficiently capitalized, with little or no true “equity” for accounting purposes, and are rarely designed to have a voting equity class possessing the power to direct the activities of the entity, they are generally VIEs.
10/27/17	Fake Powers of Attorney — DiTech and MERS	Living Lies	Fake Powers of Attorney — DiTech and MERS The banks, who actually control this mess, have resorted to using fabricated documents entitled “Powers of Attorney” or worse, simply claiming that a party is the “attorney in fact.” The courts are starting to wake up.
10/26/17	Bill introduced to eliminate FHA life of loan insurance premium	Housing Wire	Bill introduced to eliminate FHA life of loan insurance premium Could the Federal Housing Administration’s life of loan insurance requirement soon be a thing of the past?
10/25/17	Senate GOP kills Cordray’s rule allowing class-action suits against banks	Columbus Dispatch	Senate GOP kills Cordray’s rule allowing class-action suits against banks WASHINGTON — The Senate voted Tuesday to scrap a rule adopted by a federal consumer agency headed by former Ohio Attorney General Richard Cordray which allowed Americans to join class-action lawsuits against their financial institutions.
10/25/17	WISMAN v. NATIONSTAR MORTGAGE, LLC \| FL 5DCA	Stopforeclosurefraud.com	WISMAN v. NATIONSTAR MORTGAGE, LLC \| FL 5DCA Because Nationstar failed to present competent, substantial evidence that it had standing to foreclose at the inception of the case, we reverse.
10/24/17	TREASURY DEPARTMENT LAUNCHES ATTACK ON THE CONSUMER FINANCIAL PROTECTION BUREAU AHEAD OF VOTE	The Intercept	TREASURY DEPARTMENT LAUNCHES ATTACK ON THE CONSUMER FINANCIAL PROTECTION BUREAU AHEAD OF VOTE With the window to gut a critical consumer protection regulation rapidly closing, the Treasury Department on Monday launched an unusual attack on the Consumer Financial Protection Bureau’s arbitration rule,
10/24/17	Why You Don’t Know that Thousands of Homeowners Are Winning Foreclosure Cases	Living Lies	Why You Don’t Know that Thousands of Homeowners Are Winning Foreclosure Cases Bottom Line: As soon as there is a “negative outcome” for the Banks it goes into their trash compactor and disappears. The main tool is the use of a confidentiality agreement in which the homeowner practically gives up his/her life if they discuss the case at all.
10/24/17	WELLS FARGO'S PLAYBOOK: HOW TO ROB THE AVERAGE JOE AND STILL RETAIN YOUR STOCK OPTIONS	Occupy.com	WELLS FARGO'S PLAYBOOK: HOW TO ROB THE AVERAGE JOE AND STILL RETAIN YOUR STOCK OPTIONS Did you hear the one about the bank that has a system in place for nearly a decade to rob you blind? Maybe you were looking the other way and working a few jobs to pay the rent, the kid’s braces or car payments.
10/24/17	Posner says he is organizing a national pro-bono group that includes ex-prisoner	ABAJournal.com	Posner says he is organizing a national pro-bono group that includes ex-prisoner Updated: Former Judge Richard Posner is continuing his quest to help pro se litigants by forming a nationwide pro bono law group made up of lawyers and consultants.
10/23/17	Treasury Dept. Says You Shouldn’t Have The Right To Sue Your Bank Or Credit Card Company	Consumerist	Treasury Dept. Says You Shouldn’t Have The Right To Sue Your Bank Or Credit Card Company Forget the Sixth Amendment, which guarantees the “right to a speedy and public trial” in criminal matters. And who needs that ancient Seventh Amendment and its fancy “right of trial by jury.”
10/21/17	Wells Fargo Scandals Expand With Firing of Foreign Exchange Bankers	Fortune.com	Wells Fargo Scandals Expand With Firing of Foreign Exchange Bankers Wells Fargo’s troubles continue to worsen, with the Wall Street Journal reporting that the bank has fired four foreign-exchange bankers, most of them high-ranking, in connection with a client transaction.
10/20/17	In Halifax, Mobile Home Residents Set Record By Buying The Land Beneath Their Homes	WGBH	In Halifax, Mobile Home Residents Set Record By Buying The Land Beneath Their Homes Four hundred and thirty mobile home owners in Halifax, Massachusetts, have made history. For $27 million, these residents bought the land beneath their homes. It is the largest purchase of its kind ever in the country.
10/20/17	Is the Fed Getting Cold Feet about the QE Unwind?	Wolfstreet.com	Is the Fed Getting Cold Feet about the QE Unwind? Curious things are happening on its balance sheet. The last Fed meeting ended on September 20 with a momentous announcement, confirming what had been telegraphed for months: the QE unwind would begin October 1.
10/20/17	Where’s the Beef? Hell if the Banks know.	Living Lies	Where’s the Beef? Hell if the Banks know. Investigator Bill Paatalo joined attorney Charles Marshall on the West Coast Foreclosure show to discuss why the major banks are unable to provide a bank witness in litigation who has knowledge of the loan.
10/18/17	NJ APPELLATE COURT GETS TO THE ROOT OF MERS AS “NOMINEE”	Living Lies	NJ APPELLATE COURT GETS TO THE ROOT OF MERS AS “NOMINEE” Bank of N.Y. Mellon v. Davis_ 2017 N.J. Superior Court Key elements in this decision are:
10/17/17	MERS Unraveling	Living Lies	MERS Unraveling “Aside from the inappropriate reliance upon the statutory definition of “mortgagee,” MERS’s position that it can be both the mortgagee and an agent of the mortgagee is absurd, at best. — Judge Grossman, Federal Bankruptpcy Court
10/17/17	MERS Unraveling	Living Lies	MERS Unraveling “Aside from the inappropriate reliance upon the statutory definition of “mortgagee,” MERS’s position that it can be both the mortgagee and an agent of the mortgagee is absurd, at best. — Judge Grossman, Federal Bankruptpcy Court
10/17/17	California Foreclosure Process Overview	Living Lies	California Foreclosure Process Overview Patricia Rodriguez, Attorney The process of foreclosure defense begins with pre-litigation (gathering all of the necessary information); once that is accomplished then Litigation of Real Property Ownership/Title in California can occur.
10/12/17	Maine Supreme Court Ruling Could Provide Relief for Victims of Foreclosure Abuse	Stopforeclosurefraud.com	Maine Supreme Court Ruling Could Provide Relief for Victims of Foreclosure Abuse Last month, the Maine Supreme Court issued a stunning rebuke to national mortgage companies that have flagrantly committed fraud and abuse against homeowners across the state. In its groundbreaking decision,
10/12/17	Carson: Government considering ending use of False Claims Act against FHA lenders	Housing Wire	Carson: Government considering ending use of False Claims Act against FHA lenders The government’s proclivity to use the False Claims Act as a weapon against mortgage lenders could soon be coming to an end, Department of Housing and Urban Development Secretary Ben Carson told members of Congress on Thursday.
10/11/17	Carbone v. CALIBER HOME LOANS, INC., \| Dist. Court, ED New York – Federal Court Holds Pre-Foreclosure Notice Is Not Subject to FDCPA	StopForeclosureFraud.com	Carbone v. CALIBER HOME LOANS, INC., \| Dist. Court, ED New York – Federal Court Holds Pre-Foreclosure Notice Is Not Subject to FDCPA JANINE CARBONE, on behalf of plaintiff and a class, Plaintiff, v. CALIBER HOME LOANS, INC., Defendants.
10/11/17	Katherine Ann Porter, Author of 2007 Study Revealing the Destruction of Notes, Is Running for Congress	Living Lies	Katherine Ann Porter, Author of 2007 Study Revealing the Destruction of Notes, Is Running for Congress Ms. Porter was the first person who broke through the ruse of securitization and confirmed what I thought, in 2007, leading to the creation of this blog. As a Professor at the University of Iowa she conducted a study that revealed that, at a minimum,
10/10/17	Scandal: Former staffer at National Community Stabilization Trust among 7 indicted for foreclosure profiteering	Housing Wire	Scandal: Former staffer at National Community Stabilization Trust among 7 indicted for foreclosure profiteering The former director of community development at the National Community Stabilization Trust, a national nonprofit that works to stabilize communities affected by the foreclosure crisis, is among seven people indicted last month for allegedly participating in a conspiracy to profiteer off of foreclosures.
10/10/17	North Carolina Bans Conflict of Interest on Deed of Trust	Living Lies	North Carolina Bans Conflict of Interest on Deed of Trust On August 30, 2017, an amendment to North Carolina’s foreclosure statutes took immediate effect. The amended statute, Section 45-10, concerns substitute trustees under a deed of trust. As amended, Section 45-10 now
10/09/17	The Implied “Trust” and Discovery	Living Lies	The Implied “Trust” and Discovery If you look closely at the NOD, NOS, foreclosure complaint, and correspondence you see two things that are fairly constant — (1) they ALWAYS refer to the case as “US Bank” (or some other bank) and (2) they often don’t actually name a trust although it is implied.
10/09/17	Mortgage Servicer Ocwen Settles With State Regulators Over Escrow Claims	Daily Business Review	Mortgage Servicer Ocwen Settles With State Regulators Over Escrow Claims As part of the deals, Ocwen must hire an auditor for an escrow review of about 8,000 to 10,000 loans.
10/06/17	IN NEW LAWSUIT, CORPORATIONS BAND TOGETHER TO STOP CONSUMERS FROM BANDING TOGETHER	The Intercept	IN NEW LAWSUIT, CORPORATIONS BAND TOGETHER TO STOP CONSUMERS FROM BANDING TOGETHER A coalition consisting of the preeminent national business lobby, several financial services trade groups, and over a dozen business organizations in Texas have banded together — the way individuals might in a class-action lawsuit — to force the federal government to allow them to block class-action lawsuits.
10/06/17	City Council Passes Foreclosure Diversion Bill	CBS Philly	City Council Passes Foreclosure Diversion Bill PHILADELPHIA (CBS) — Philadelphia City Council has passed a bill to help homeowners keep their houses, even if they’re behind on their real estate taxes.

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