Fireworks in open court:
Judge Out of Control During Foreclosure Trial
When I asked to read the appellate opinions into the record regarding the paragraph 22 defense, his response was basically that he did not care about the letter they sent and the fact that they filed a foreclosure action alone is good enough for him.
What is going on in Miami-Dade county before certain judges is a travesty of justice. I see homeowner after homeowner losing their homes every day without regard to due process of law.
For about two decades, the mortgage industry’s foreclosure and modification scams have destroyed lives, stripped wealth; turned county land and court records into crime scenes, and decimated parts of Ohio. Ohio courts have surveyed the damage, and appear to be cleaning up the
massive frauds upon its Honorable Courts.
Ohio’s 11th Circuit Reverses Freddie Mac v. Rufo,
and overrules its holdings in four more cases
To the extent this court’s prior holdings in Cart, supra; Yeager, supra; Behrens, supra; and Shaffer, supra, are inconsistent with the Supreme Court’s holding in Schwartzwald that standing is jurisdictional,
we overrule our holdings.
Opinion also cites: "When the trial court lacks subject matter jurisdiction, its final judgment is VOID."
Pushing to Expose Robo-Signor Beverly Mitrisin
Mrs. Huml and her attorney have now filed complaints to report the use and filing of false documents to take Huml's home, even though Mrs. Huml claimed she never missed a payment.
Document includes Freddie's plan to evict during Christmas moratorium
OCWEN won't let homeowner pay off mortgage of $2,200.
Her mortgage balance is $2,289 so she asked for a pay off and Ocwen sent her a statement for $8,507.56. "I was just overwhelmed," she said.
2012 Purpose Prize: Thomas Cox (Maine Attorneys Saving Homes)

OHIO HOMEOWNERS: Ohio Courts of Appeals are following Ohio law and applying Schwartzwald to Dismiss Wrongful Foreclosures. Here are two Reversals in a row...
Nationstar v. Van Cott
Nationstar not a party to the contract, but filed a foreclosure complaint against Van Cott.

Bank of America v. Kutchta
We reverse and remand the case so that the trial court may apply Fed. Home Loan Mtge. Corp. v. Schwartzwald

Senator Merkley's letter to Justice Department
The Department appears to have firmly set the precedent that no bank, bank employee, or bank executive can be prosecuted even for serious criminal actions if that bank is a large, systemically important financial institution. This "too big to jail" approach to law enforcement, which deeply offends the public's sense of justice, effectively vitiates the law as written by Congress.
Had Congress wished to declare that violations of money laundering, terrorist financing, fraud, and a number of other illicit financial actions would only constitute civil violations, it could have done so. It did not.
Ex-Soldier's Family Facing Eviction
Gets Support From Around The Country

Due to inconsistent incapacitation pay, Sgt. Oliver and his family have faced eviction 5 times since 2010. This year would be the third year they couldn't provide their daughter with a Christmas.
Family’s foreclosure nightmare lasted for years

“They’ve been fighting with Bank of America for years trying to get back what never should have been taken away from them in the first place,” said consumer advocate. After four months of “terror,” Zetterlund was made aware of an email from a Bank of America attorney admitting that it was a wrongful foreclosure.
Worth Watching
BOOM! Oral Arguments- Zervas v. Wells Fargo
Judge: "If the trust does not give Wells Fargo the right to litigate….THEN THEY ARE OUT OF COURT."
Bank lawyer claims MERS was set up to benefit "the public".
Banks filed millions of false documents in court and land records nationwide.
Why isn’t this a front page story nationwide?
Even though this is no longer breaking news, it still belongs on the front page of every paper in the country and should be the lead story on every newscast. I’ll tell you why:

Whatever the banks thought about the robo-signing being “sloppy” before, once Lorraine Brown admitted that virtually every document coming out of DOCX/LPS was a forgery and that ALL documents coming out of DOCX/LPS were suspect, the banks that had court cases pending using DOCX/LPS documents had an obligation to either withdraw the documents and/or withdraw the lawsuits and other foreclosure proceedings.
Getting it to the front page is essential so that judges know they are being hoodwinked, and homeowners know they should be filing Motions to Dismiss to undo the illegal foreclosure.
MSFraud may be a little more sensitive to this because we know about the many who lost their lives to stress-induced heart attacks, shootings and suicides, etc. caused by illegal foreclosures.
"Cradle to Grave Foreclosure"
MSFraud can provide authorities with enough certifiable evidence to put Mr. O'Boyle and his arrogance in prison. But so far, the only prosecutors we found in Texas - resemble Pee Wee Herman.
Quicken Loans ruling a win for consumers
Recht awarded almost $600,000 in attorneys fees and litigation costs, then used that amount to help determine the amount of punitive damages owed to Lourie Brown.
the Supreme Court found that the attorneys fees that the Browns were awarded as a result of the tremendous amount of work done by their attorneys can be considered as part of the ratio when analyzing the appropriate amount of punitive damages to be awarded.”
The case has a phantom assignment and questionable endorsement from original lender which went out of business and was found to have engaged in fraudulent mortgage activity. CMI’s counsel took the position, unsupported by any Affidavit or other evidence, the now all too familiar “We have the Note, it has an endorsement in blank, thus we win and everything the homeowner asks for is irrelevant” tactic.
LOST: Looking for the Canons of Judicial Ethics
Judicial misconduct is a touchy subject.
What else do you call it when judges violate their own canons and participate in unethical decisions that may create financial gains in their investment portfolios?
Homeowner stopped paying when her mortgage company went out of business and she didn't know who to pay. Months later, she got a foreclosure notice from a bank she had never even heard of. She wants to Quiet the Title, but doesn't know who to pay.
Lawyer who does title searches says he has never seen a Note.
"Nobody owns these debts in a way that they are subject to legal enforcement". - April Charney

EXPERT WITNESSES: Fraudulent Assignments of Mortgage are VOID
So, what’s it going to be for these banks – copping to falsifying Bloomberg Terminal and SEC records and fabricating statements provided to the investors’ management – who don’t want to know the ugly truth because they’d have to tell all the retirement and pension fund employees about the loss and the fraud?
Bank backtracks after improper foreclosure
Long’s foreclosure shows just how little protection Georgia consumers really have. Even when they’ve been awarded state and federal assistance, homeowners can get caught by a foreclosure machine with little oversight or repercussions for errors.
Advocates for borrowers say it’s impossible to know how many improper foreclosures have occurred, because no one is monitoring the validity of the paperwork.
Finding the Culprits of the Crisis
Many people are covering up for cronies who have a lot of money sloshing around. We threw money into the financial system with no accountability and thus made the problem worse. Our system has been completely infiltrated and bought off. Things aren’t changing because Big Money doesn’t want it to change.
Families Facing Foreclosure: Attorney explains the Gilbert decision
“What has often been the case in probably 80% of the cases I have seen is that the Plaintiff in fact did not have the requisite documents at the time of filing.
Deutsche Bank v. Gilbert
As Deutsche Bank lacked standing at the time of filing, the foreclosure action was defective ab initio and Deutsche Bank could not cure this defect by “joining” the suit as a proper party at a later date.
National Mortgage Settlement: An Admission By The Banks?
It could be the shot heard “round the financial world” in that hundreds of billions, if not trillions of dollars of damages could be sought by homeowners wrongfully dispossessed of their homes.
Gee, What Took You So Long? (REMICs w/o Notes)
And of course if there are no notes that are transferred this explains many things. Like robosigned documents, "lost document" affidavits and allonges that magically appear on a document years later.
18 U.S.C. 4: Misprision of a Felony
What have you done to report the Foreclosure Crimes
YOU witnessed?

Foreclosure advocates should draw motivation from this story.
Meet the Man Who Has Been Battling Romney and Bain’s Bankruptcy Fraud for 12 Years
As an officer of the court, and 18 USC § 4 – Misprision of felony, Mr. Haas, having knowledge of the commission of a felony had a duty, as soon as possible, to make known the same to some judge or other person in civil authority and if he failed to do so, he risked being fined or imprisoned not more than three years, or both. Haas fulfilled his legal duty and reported the malfeasance to the proper authorities.
Shortly after reporting the crimes, in August 2001, George W. Bush appointed another Bain Capital lawyer as U.S. Attorney and he refused to investigate or prosecute the crimes throughout his tenure; despite the U.S. and former Bain attorney’s malfeasance, Haas continued fighting for eToys shareholders and to bring the criminals to justice.
An important point was raised regarding the DocX Plea Agreement.
"There would be no need for DocX unless
there was a HUGE problem to begin with."

The plea states DocX was created in the 1990s. This glaringly suggests that forged signatures and document fabrication were a premeditated part of the initial blueprints drafted by the criminal enterprise.
It was in the 1990s when servicers were first caught manufacturing "performing" loans into default by manipulating timely payments and account records, and running those and other fabricated documents and records into our courts to steal homes.
The embarrassing part is law enforcement has had the evidence for 20 years, and is now getting its first indictment.
Lorraine Brown Plea Agreement
Robo-signor Complaint:
HUML Files Suit Against ROBO-SIGNOR
The vast majority of these fraudulent ("robo-signed") documents result in an illegal foreclosure and eviction ("FED") of homeowners and, particularly, this Plaintiff. Thus, Plaintiff seeks a judicial declaratory determination that since the documents created and used by the defendant Beverly Mitrisin in her capacity as a "Substitute Trustee" are invalid and illegal, the foreclosures that resulted thereafter should be invalidated.
Feds charge Florida ‘ROBO-SIGNOR’ boss in connection with forged signatures on foreclosure documents
The founder of DocX, a Florida-based mortgage servicing firm pled guilty Tuesday to a federal criminal charge stemming from complaints she directed employees to forge signatures on foreclosure-related documents.
This finally confirms what foreclosure defense lawyers have argued for the last several years — that this is pervasive fraud that must be exposed,” said Szymoniak, who was featured on the news show “60 Minutes” in 2011 after uncovering robo-signing practices at DocX. “Homeowners lost their life savings in court cases where fraudulent documents were presented by the banks.”
Holden's Motion for SJ against Deutsche
The significance of this case is Deutsche Bank [always knew] it does not own this home, never owned this home, and now their corporate representative is admitting it.
But Deutsche pressed on and easily spent more in legal fees than this property is worth. This is another case to prove it is not about the home - it is about the astronomical intangible and fabricated value the home represents to Wall Street's criminal enterprise.
Hopefully the case will start focusing on the severe damages the Holden's have suffered as a result of Deutsche Bank's unconscionable criminal conduct and attempted theft of property.
Wall Street Kept Winning on Mortgages Upending Homeowners
If Thomas F. Marano takes a late lunch, he makes more money in a single morning than Black does all year. Marano once led the team at Bear Stearns Cos. that bought Black’s mortgage in 2005 and thousands of other subprime loans to sell to investors.
In a legal complaint, HSH Nordbank says it lost “a minimum of $42 million” on that security allegedly holding Black's mortgage and others from Bear Stearns.
The Lemon Problem with Mortgage-Backed Securities
Here, the percentage of mortgages that failed underwriting standards was 60-80%.
Here, Countrywide employees passed around forms they could use to falsify borrowers' stated income.
Here, mortgages were often never even transferred into the ownership of the MBS trusts; the trusts often had legal title or recourse to nothing; the buyers of the MBS were often buying literally nothing.
Here, millions of assignments, notes, deeds were forged to cover up -- and are evidence of the banks' knowledge of -- the deficient or nonexistent chains of title and recourse.
Woman Foreclosing on Wells Fargo
Wells Fargo tried to take her home. A judge ruled she could keep it and Wells Fargo owes her for the trouble, but the bank still hasn't paid up.
Yes, Banks Are Paying “Penalties” in Foreclosure Fraud Settlement... With Other People’s Money
This became more clear in Bank of America’s side deal, where they would reduce their penalty through modifying loans they don’t own.
South Gate Resident Continues to Fight Eviction,
Faces Up to Year in Jail

In April, Casas Wilson was arrested while allegedly attempting to make a payment to Tim Sloan, the Chief Financial Officer of Wells Fargo, during a protest outside of his house in San Marino.
“I’ve been trying to get Wells Fargo to accept my money for three years – I went to Tim Sloan’s house because all I want is to stay in my home and keep making my payments.”
Schadenfreude Alert – Banks Paying Extortionate Fees for Foreclosure Reviews
Every time it appears that the OCC foreclosure reviews have hit bottom they sink further into the morass. Our latest example comes from a petition GMAC/ResCap filed as part of their bankruptcy. This example shows how banks are spending simply staggering, implausible amounts of money on foreclosure “reviews”, and how keen they are to enrich anyone other than wronged borrowers.
Fraudulent loans, fraudulent securitizations, fraudulent foreclosures, fraudulent evictions, fraudulent fraud reviews of fraudulent loans,foreclosures and evictions, and now...
Rebecca Mairone, BofA Exec Who Allegedly Enabled Fraud,
Now Head Of JPMorgan Chase Foreclosure Review

An executive who the Justice Department says facilitated a scheme to defraud Fannie Mae and Freddie Mac (American taxpayers) is now spearheading JPMorgan Chase's role in the government's program to compensate victims of the big banks' abusive foreclosure practices.
Mortgage Paid Off by Mistake. Appellate court says too bad.
A mortgage lender may be estopped from asserting rights under a mortgage to prevent a fraud or injustice to the person against whom enforcement is sought, who in justifiable reliance upon the lender's words or conduct has been misled to his detriment.
Broward couple WINS appeal after house is foreclosed
The appeals court also ruled that the Vidals could continue to seek damages and have the mortgage canceled on the grounds that the lender, Liquidation Properties Inc., allegedly violated the federal Truth in Lending Act, Ruiz said.
Ruiz said both rulings could be precedent-setting and have the potential to affect thousands of other foreclosures in Florida.
This is a victory for homeowners in a huge way,” he said.
the third party that bought the home in foreclosure likely will have to surrender it after getting a refund from the lender.
National Mortgage Settlement Act is gamed by banks, states
At closing, a national lender places a $100,000 fraudulent second mortgage on a home that now has negative equity. The home goes into foreclosure. The national lender has an unsecured note, so it releases the homeowner from the $100,000 mortgage, forgives the uncollectible debt and claims a credit $100,000 as “relief” to the homeowner.

However, keep in mind that the $100,000 second mortgage was a fraudulent or uncollectible mortgage and the homeowner receives no reimbursement but the national lender takes a $100,000 credit toward the penalty it was supposed to pay out.
Do elected officials and the DOJ not understand this CRIME?
Sweet Justice: Turning The Bank’s Fraud Against It
The Mortgage Settlement payments are the bank’s way of apologizing for using illegal means to foreclose. This mea culpa by the bank could turn out to be a huge break for millions of homeowners.
With no U.S. Department of Justice to speak of...
"If there are no consequences," asks Sam Antar, "what incentive do I have to not be a criminal?"
Ohio Foreclosure Victims: Re-Open your Foreclosure case!
"Every court order based on a defective complaint is void ab initio (from the beginning). Thus it would seem there could be tens, if not hundreds of thousands of void foreclosure judgments in the State of Ohio. This would be true even in those cases where the subject property was sold, and the case concluded years ago."
Motion to Vacate Filed within Hours
of Ohio Supreme Court's Schwartzwald Decision

"As a result, the Court's August 26, 2010 entry granting Plaintiffs motion for summary judgment and issuing a decree of foreclosure should be void ab initio (as opposed to voidable).
Accordingly, based upon the foregoing, Defendant respectfully requests that the August 26,2010 entry be vacated and this matter otherwise dismissed."
The case to WATCH now is WAMU v. Wallace
The Ohio Supreme Court determined that a conflict exists and the WAMU case is held for the decision in Federal Home Loan Mortgage Corp. v. Duane Schwartzwald et al.; briefing is stayed.
Boca Raton couple tormented by foreclosure that won’t go away
Then, six months after the foreclosure auction, they got a letter congratulating them on their successful loan modification. The bank vacated the foreclosure sale. “You should be happy, we just gave you back your house,” Deborah remembers the bank’s attorney saying.
One West declined to comment for this story. And it’s unclear how Nationstar got involved. It did buy Colorado-based Aurora Loan Services in July, but how Aurora got the Strassburger debt is also unclear. (It is very clear; it is called FRAUD)
Bob Hart's Comment about the Schwartzwald Decision
I worked in this area for many years on behalf of consumers. Lower courts and judges in all Ohio counties, including Franklin County, have been ignoring the law in foreclosures for the last 10 years. While I applaud the Ohio Supreme Court decision it does not address the tens of thousands of Ohio homeowners who were illegally evicted of their homes prior to this decision. Do you think the campaign contributions of big banks to judicial campaigns had anything to do with the prior illegal foreclosure filings that were approved by Ohio courts?
(Ohio courts will greatly profit from the Supreme Court decision as litigants will (hopefully) request their VOID judgment be vacated. As one Ohio judge stated: Foreclosures are the gift that keeps on giving. MSF)
DISTURBING: Legal win means little after Foreclosure
What distinguishes the Gin family is that they sued - and won. A San Mateo Superior Court jury last month found that OneWest acted fraudulently. Legal experts said it may be the first instance of a California jury finding that a bank committed wrongful foreclosure by dual tracking.
Supreme Court ruling hailed as safeguard for homeowners
The ruling will stop the practice of some foreclosures being granted despite lenders never producing important documentation, said one lawyer who specializes in such cases. (If Ohio courts had just followed common law and commonsense for the last 20 years, or Ohio judge Christopher Boyko's 2007 opinion, Ohio would not have become the epicenter of property theft that sacrificed thousands of its own residents in favor of the banks' criminal enterprise.)
Ohio Supreme Court Rules for Homeowners in Foreclosure Case
The Ohio Supreme Court on Wednesday unanimously ruled that a third-party mortgage company cannot foreclose on a property that it did not have a connection to at the time of the initial complaint.
"The lack of standing at the commencement of a foreclosure action requires dismissal of the complaint," the court wrote.
Federal Home Loan commenced this foreclosure action before it obtained an assignment of the promissory note and mortgage securing the Schwartzwalds’ loan. The Schwartzwalds maintained that Federal Home Loan lacked standing to sue. The trial court granted summary judgment in favor of Federal Home Loan and entered a decree of foreclosure. The appellate court affirmed, holding that Federal Home Loan had remedied its lack of standing when it obtained an assignment from the real party in interest.
Standing is required to invoke the jurisdiction of the common pleas court, and therefore it is determined as of the filing of the complaint. Thus, receiving an assignment of a promissory note and mortgage from the real party in interest subsequent to the filing of an action but prior to the entry of judgment does not cure a lack of standing to file a foreclosure action. {¶ 4} Accordingly, the judgment of the court of appeals is reversed, and the cause is dismissed.
Deutsche Bank v. Cuesta
ORDERED, that this unopposed motion (001) by the plaintiff... is denied.
ORDERED that this motion by defendant Deutsche Bank National Trust Company, as Trustee for Fremont Home Loan Series 2006-3 (Deutsche Bank) for summaryjudgment on its first counterclaim against plaintiff, declaring that Deutsche Bank is the lawful owner and holder of a valid first mortgage against the subject premises, declaring that the credit line mortgage was paid in full and is discharged and satisfied of record, and declaring that plaintiff and all persons claiming by, through and under it be forever barred from all claims to an estate or interest in the subject premises, and granting defendant Deutsche Bank summary judgment dismissing the complaint as against it and cancelling the notice of pendency filed by plaintiff is denied.
Wells Fargo Thumbs its Nose at Judge and Evicts Anyway
Orange County deputies broke down Niko Black's door despite a court order taped to it forbidding them to do so, put a gun in her face and crumpled up the court order. They then carried her out of the home in her wheel chair and left her on the sidewalk while they locked up her home. The deputies locked her medication and medical equipment in the house as well, denying her access to it.
More SHAME: Why FREDDIE MAC Resisted Refis
Freddie Mac, the "TAXPAYER"-owned mortgage giant, made it harder for millions of American "TAXPAYERS" to refinance their high-interest-rate mortgages for fear it would cut into company profits, present and former Freddie Mac officials disclosed in recent interviews.
"Almost immediately after taxpayers bailed them out, Fannie and Freddie imposed unprecedented restrictions on refinancing, preventing millions of people from saving money on their mortgages and leaving hundreds of thousands of people to lose their homes unnecessarily," says Mayer.
U.S. Sues Bank of America for $1 Billion for Mortgage Fraud
"The fraudulent conduct alleged in today's complaint was spectacularly brazen in scope," Bharara said. He said the suit was partly to recover money that Fannie and Freddie lost from defaulted loans.
In order to increase the speed at which it originated and sold loans to the GSEs, Countrywide eliminated every significant checkpoint on loan quality and compensated its employees solely based on the volume of loans originated, leading to rampant instances of fraud and other serious loan defects, all while Countrywide was informing the GSEs that it had tightened its underwriting guidelines.
Bank Settles Over Loans in Nevada
The settlement between the Royal Bank of Scotland and Catherine Cortez Masto, Nevada’s attorney general, relates to conduct at Greenwich Capital, the R.B.S. unit that bundled mortgages into securities and sold them to investors. Nevada found that R.B.S. worked closely with Countrywide Financial and Option One, two of the most aggressive lenders during the boom.
Why it is Essential that Criminal Bankers are Prosecuted
Financial practitioners believe they have little to fear in the actions of regulators, because whatever the outcome, the penalties do not lead to social or commercial exclusion from the financial sector.
Fines have no impact on the individuals in the banks, instead, their impact is only felt by the shareholders.
Queens foreclosure attorney beats back US Bank
and obtains dismissal

Mr. McCaffrey said that “lenders need to know that the old days of being able to take away someone’s home without proper evidence are quickly falling by the wayside” and “in this case, the bank presented late date assignments drafted just prior to the commencement of the foreclosure action” a “red flag.’
U.S.Bank v. Combs
Plaintiff asserts defendant has no authority to challenge the assignment since, inter alia, the challenge is not whether the debt exists - but rather to whom it is owed. Court response: plaintiff’s contention that defendant does not have the authority to challenge standing is simply without merit. While a debt may indeed be owed, plaintiff cannot demonstrate that it is the party entitled to foreclose on same.
Woman's battle with Bank of America could go to a Jury
Ninth Court of Appeals justices on Thursday released an opinion saying the 58th District Court "abused its discretion" when Judge Bob Wortham sanctioned Bank of America on June 27, ordering the company to pay Trudie Crutchfield $300,000 in a breach of contract settlement.
Crutchfield v. Bank of America
The JPMorgan London Whale: Now It's CRIMINAL?
Just six months ago they were riding high. Indeed, they were Masters of the Universe, dominating an obscure credit derivatives market. The JPMorgan execs were making money for the firm hand over fist and racking up eight-figure bonuses for themselves.
Now, due to pesky emails and taped calls, they may be facing jail time for hiding losses from investors. How inconvenient the securities laws turned out to be.
Criminal Slander of Title Charges Filed
As you read this, Banks are actively committing this crime across the country.
If convicted, this woman faces 11 years, six months imprisonment and $30,000 in fines for slandering the title to ONE HOUSE!
Wisconsin Statute for Criminal Slander of Title: Any person who submits for filing, entering or recording any lien, claim of lien, lis pendens, writ of attachment, financing statement or any other instrument relating to a security interest in or title to real or personal property, and who knows or should have known that the contents or any part of the contents of the instrument are false, a sham or frivolous, is guilty of a Class H felony.
Wholesale CRIMINAL Enterprise
of the Mortgage Foreclosure Industry

This is the latest update to the HUML case out of El Paso, Texas. Initially, the banks were represented by three attorneys from the Dallas foreclosure-mill Brice, Vander Linden & Wernick, P.C. Two months ago in a mass exit, all three attorneys quit the firm. Defendants have now hired the international law firm Locke Lord. By now, the legal fees probably exceed the ~$100.000.00 value of the home; an indication that the case is not about the house. Since Mr. Roman is alleging CRIMINAL activity, Defendants need this case to go away and are pushing for dismissal. This is attorney Roman's response:
Homeowners deserve more than “I’M SORRY”
and a few hundred bucks
- Oklahoma AG
How did Oklahoma leave the negotiation table yet become the first to issue checks? AG Pruitt said long ago that he would fight for local homeowners, and that the $25 billion settlement was not good enough for victims in his state, so his office negotiated its own agreement with the big five banks, providing what they say is up to 20 times more than the payments residents in other states are expected to receive.
These families endured horrendous conduct, lost their homes in many cases and deserve more than an ‘I’m sorry’ and a few hundred dollars.
A.C.L.U. to Sue Morgan Stanley Over Mortgage Loans
“Morgan Stanley actively encouraged lending tactics that increased the levels of risk associated with individual loans.” The subprime loans cited in the suit were made from 2004 to 2007
China EVICTIONS increase, leading to more UNREST
BEIJING – China says it has worked hard to overhaul its judicial system in ways that better protect human rights, but one of the country's most widespread abuses is increasing and is a leading cause of unrest.
The forced eviction of residents from their homes and farmland has quickened over the past three years, human rights group Amnesty International said in a report issued Thursday.
A Risky Lifeline for Seniors Is Costing Some Their Homes
The very loans that are supposed to help seniors stay in their homes are in many cases pushing them out.
BEWARE of Dual-Tracking to Foreclosure
The Settlement, which was meant to both punish the nation’s five largest servicers for their wrongful conduct in using fraudulent documents in prosecuting foreclosures, and to provide redress for those victimized by such conduct, has now been turned into an opportunity to resume their illegal activities to wrongfully dispossess millions of families from their homes.
Force-Placed Insurance Still Pushing Homeowners into Foreclosure
"These [banks] are making more money by keeping things in foreclosure rather than trying to fix things," said Kristin Siegesmund, head of the consumer unit at Mid-Minnesota Legal Assistance.
Homeowner's case survives Motion to Dismiss
Slander of Title and Wrongful Foreclosure claims

Computerized Robo-Signing: Is Green Tree Servicing Taking Robo-Fraud to a Whole New Level?
An investigator in the northwest uncovered a scam – so big - that authorities claim it needs multi-state attention. It appears Green Tree Servicing has been flying under the radar and was hardly noticed until a recordation research team began uncovering similarly signed documents – yup, the old robo-signed Assignment of Mortgage trickery again… but this time new and improved via computer, maybe for speed and precision, ya think?
REPLAY: MERS I, II, & III It’s the “name game” extraordinaire.
It appears that there were 3 Mortgage Electronic Registration Systems, Inc. companies; 2 companies were absorbed by MERSCORP, Inc., along with the acronym “MERS” found in the mortgages, which is the “strawman/trade name Mortgage Electronic Registration Systems, Inc.” (no employees or software systems, basically a shell) – it is not MERSCORP, Inc.’s MERS® (the “system”).
Judge pleased with RI foreclosure mediation
In her special master's report, Sherman called the mortgage crisis a "Gordian knot" and said that debt forgiveness needs to be part of the solution.
Translation: The bank has no case... "Can we at least scam the borrower into paying something?"
MERS secures favorable appellate judgment in split-the-note case
The homeowners argued that the note and the mortgage were split, making it impossible for MetLife to have the power to foreclose. But the panel of Kansas Court of Appeals judges disagreed, finding that MERS had an agency relationship with all of the lender's successors, essentially making the splitting of the note and mortgage a non-issue.
The court wrote: "A mortgage may become unenforceable when it is not held by the same entity that holds the promissory note. However, an exception exists where there is an agency relationship between the holder of the mortgage and the holder of the promissory note."
Task Force focus is on trickle-down criminals
Financial Fraud Enforcement Task Force Members Reveal Results of Distressed Homeowner Initiative
The Distressed Homeowner Initiative focused on fraud targeting homeowners, such as foreclosure rescue schemes that take advantage of homeowners who have fallen behind on their mortgage payments rather than going after the banksters, judges, lawyers or politicians who created the crisis and continue to profit from their illegal acts.
Political Donations? Foreclosure Crime Victim says "NO MORE"
WE no longer assume our Party is on the side of our citizens and our Constitution. Too many of our public servants have violated their Oath and Fiduciary duty and we are more interested in the removal, arrest and conviction of these criminals at this juncture.
Chris Whalen On JPM And Fraudclosure (IMPORTANT!)
The intent here is quite simple -- not only is there a judicial interest in guaranteeing that the person who is standing before the judge is really the assignee of the note (or his lawful agent) and there is only one of them out there (who is the one standing before the bar) in addition you can only collect on a loss via lawsuit or other payment once!
Chris is onto this but this rabbit hole goes a lot further than many people think it does.
If -- and this is a big if -- we can get just one honest judge to hear these arguments and force that accounting to take place in his courtroom then the game is up.
Homeowners Have Standing To Challenge Faulty Assignments From One Bankster To Another, But Only Where Defects Render Conveyance Absolutely Void
A common gimmick banksters often get away with in attempting to thwart homeowners that challenge foreclosures because of defective assignments of mortgage, is to assert that the homeowners have no standing to challenge transactions to which the homeowner wasn't a party.
A recent ruling by a Texas Federal court addressed such a gimmick and, in applying Texas law, said that homeowners do, in fact, have standing to challenge defective assignments to which they were not a party.
Miller v. Homecomings
25-Year Prison Term for Foreclosure-Rescue Scammer
... as banks continue its loan-mod scam unabated
"She gave up the will to live when this came to light," Cheesman said of her mother.
Oesterle said his father collapsed from a heart attack shortly after hearing from a state banking investigator that he had fallen victim to fraud and had lost the equity in his home.
Michael recalled having to explain to his mother, who was in the hospital, that she had no home to go back to.
These outcomes are similar to the crimes committed by the banks.
JPMorgan/EMC Sued by N.Y. for Fraud Over Mortgage Securities
JPMorgan Chase, the biggest U.S. bank, was sued by New York Attorney General Eric Schneiderman over accusations that a business acquired in its takeover of Bear Stearns fraudulently marketed and sold mortgage-backed securities.
People of New York v. JPM, EMC Mortgage
Supreme Court gives Banks Foreclosure Win
The Nevada Supreme Court has sided with banks by validating MERS, a key cog in the foreclosure enforcement machinery that has sparked legal disputes all over the country.
Edelstein v. BONY
Central Mtge. Co. v. McClelland
[b]ecause MERS was never the lawful holder of the notes described and identified in the consolidation agreement, the corrected assignment of mortgage is a nullity, and MERS was without authority to assign the power to foreclose to the plaintiff.”
Rats taking over the city - Locking your doors won't help.
Investors seize houses before they officially own them
(As Banksters prove lawlessness works, others follow.)
“We’ve had a rash lately of what I would characterize as burglaries,” Mowle said. “We’ve had a couple cases lately where people have bought property at sale and immediately go to the house, lock people out and take their stuff.”
Couple Claims Bank of America Would Only Modify Terms of Mortgage If They Kept Quiet About It
Warning! Don't be fooled by the term "Loan Modification". It is a "Bank-Mod Swindle". Banks are using this swindle because they know the real loan is unsecured, uncollectable and was probably destroyed. Plus the loan-mod bank probably doesn't own the home anyway. This is why banks don't want judges asking them to produce the original note. They don't have it in more than 9 out of 10 cases.
Read certified Transcript pages 27 and 28
So getting your signature on a modification CONTRACT, essentially creates a new note to cover-up the fraud in the original one. How much money did the loan-mod bank put up to become the new owner of the home? Nothing! To cover it all up, the offer comes with a hidden-in-fine-print gag-order so the public doesn't become aware of this ruse. Thankfully, this couple seems to see it.
Banks Threaten Elderly Veterans With Foreclosure
"Seniors have been set upon by these banks in a very, very vicious manner," asserted the Archbishop who lost his home to foreclosure recently. "We have to shake off that cloak of shame and put on our war clothes and fight these gangsters."
Senator Sponsors Forclosure Fraud Prevention Act Of 2012
It creates the crimes of residential mortgage foreclosure fraud in the first and second degrees. The senator also plans to introduce his own bill to enact a one-year moratorium on foreclosures in New York State.
Citi Execs Depart Bank After Mortgage-Fraud Settlement
Two Citigroup Inc. executives are departing after federal prosecutors named them earlier this year in a mortgage-insurance fraud case that resulted in a $158.3 million settlement and an admission of wrongdoing by the bank.
Both were among CitiMortgage executives named in a suit against Citigroup filed by the U.S. Justice Department earlier this year which claimed the bank saddled taxpayers with losses after falsely declaring defective home loans fit for a federal insurance program. The government alleged that some officials pressured other employees to change reports on faulty loans.
Judge stops foreclosure of Louisville woman's home after scam
She was about to lose her house because no one would listen to her claims that she was a victim.
At the Blount County Justice Center, a judge ruled in her favor after reading a 15-page motion asking that the foreclosure by PNC Mortgage be stopped. "I won the lawsuit; They cannot foreclose on me."
EMC Mortgage v. Toussaint - Foreclosure Sale Vacated
In order to commence a foreclosure action, plaintiff must have a legal and equitable interest in the subject mortgage. Here, the subject mortgage was not assigned until October 2, 2007, which was after the action was commenced on October 1, 2007. A retroactive assignment to September 25, 2007 cannot be used to confer standing upon the foreclosure action commenced prior to the execution of the assignment.
Virtually any foreclosed homeowner in the state in the past 15 years who feels they have been harmed in some way could file a consumer fraud suit.
Bain: State court ruling deals blow to U.S. bank mortgage system
"It's going to be very easy for consumers to say they were harmed because it's inherently misleading," says Geoff Walsh, an attorney with the National Consumer Law Center. If consumers can't identify who owns their loan, then they don't know whom to negotiate with, and can't even be certain of the legitimacy of the foreclosure.
ROBO-Inspector faces 20 Years in Prison
AMFS inspected and preserved homes in various states of foreclosure. Overwhelmed, AMFS started [fabricating] inspection reports to keep up. Where did he get the idea to robo-sign his reports? Well, it seems the pen didn't fall far from the desk. See his client, Bank of America, is still robo-signing 20,000 documents per day with no jail. This guy copies Bank of America and is going away for up to 20 years.
Mortgage Fraud Settlment: The Crime and Tainted Title Cover-Up
Victims of Foreclosure Crimes Forced OUT of their HOMES
The "goal" was to keep people IN their homes - not OUT of them!
Neil Barofsky’s BAILOUT
Chapter 8 – “Foaming the Runway” vindicates every homeowner and foreclosure defense attorney and we should all shove this book at the foreclosure judges and tell them to read it first and THEN we’ll discuss the modification abuses, emotional distress and damages! Right after we closely examine their Financial Disclosure statements.
Texas AG Opens County Attorney's Records on
MERS & Robosigning

Texas Attorney General Abbott sided with foreclosure defense attorney Richard Roman's open records request to El Paso County for all of their records on MERS, robosigning, etc. This letter specifically sides with Roman's argument on all 3 of his major requests.
Again! Empty Paper Bags: Loans Never Entered Pools
From the complaint: Plaintiffs have discovered that more than 99% of the mortgages in each of the three Securitizations were improperly or never assigned. In particular, many of these mortgages remain in the name of the loan’s originator or its nominee, and have never been assigned to the Trusts. While others were purportedly assigned to the Trusts, this was long after the securities were issued, contrary to the representations in the Offering Documents. Similarly, the promissory notes were not properly assigned in approximately 81.9% of the sampled loans.
HSH v. Barclays Complaint
Deutsche Bank's Motion to Dismiss DENIED
Defendants have alleged that Plaintiff is not the original owner of the debt, the transfer in question is improper, and the filing of this foreclosure is fraudulent. According to case law, if these statements are proven, Plaintiffs could be found in violation of the named statutes. With Defendants' claims of fraud and invasion of privacy, they have sufficiently pled their claims according to the above standards.
"These banks acted as a criminal enterprise. They crossed state lines, they recorded fraudulent documents, they committed forgery and they committed mail fraud. They used the United States Postal Service to mail these documents to Registries of Deeds."
Register of Deeds Discusses Fraudulent Documents
"The average homeowner - they'd be indicted.
The five major banks - Nothing." - John O'Brien
Woman Tries To Sell Home Only To Find
Wells Fargo Foreclosed On It

These days, the process of selling a home is hard enough.
Now imagine selling one you thought you owned but did not.
The Bank You Are Making Payments To Does Not Own Your Home
UPDATE: Huml v. Fannie, MERS, BofA, BONY
Today, attorney Richard Roman, a passionate advocate and former judge filed his Motion for Sanctions. The motion states: “Evidently the defendants believe they are better suited and qualified than a judge (who incidentally has previous distinguished service as a federal magistrate) and jury, to make judicial determinations.”
The banks have piled on upwards of 13 attorneys, perhaps praying the court will base its ruling, not in law, but in favor of the party with the most lawyers. It is worth noting that last month, three of Roman's former opposing counsels quit the Foreclosure-Mill, Brice-Vander.
Homeowners, Advocates Want BANK REPS and LAWYERS

"Our investigation finds many of those foreclosures didn't have to happen. They were actually done ILLEGALLY. Courts know about the problem, and so does law enforcement; but no one has been held criminally responsible for what some call "the largest fraud ever perpetrated on Americans."
Banks and their lawyers used phony documents to force people out of their homes. The documents were created because banks lost the original documents, and they are swindling homeowners, taxpayers, judges and the banks' government to help them cover it up.
"It makes mafia's organized crime look like fifth-grade math."

Spencer appeals a final summary judgment of foreclosure entered against her in December 2010 based on defaults in payment which are alleged to have begun in July 1997, over thirteen years earlier. We reverse and remand the case with directions to enter a judgment dismissing the foreclosure case based on the lender’s failure to prosecute it, among other procedural and substantive deficiencies
Public Hearing Held Pursuant to Chapter 194 of the Acts of 2012, An Act Preventing Unnecessary and Unlawful Foreclosures
"This very Division issued an advisory letter to the banks in 1997, instructing the banks not to issue the toxic loans that fill the securitized pools however, without penalties if they did.
The problem here is that there are no consequences for the Banksters, and they operate with impunity and we, the people, feel as though we live in a lawless nation. That the laws are only applicable to the little guy, and not the affluent. Something is terribly wrong when the banks and their lawyers commit fraud every day related to foreclosures without repercussions."
Bank of America slapped with $300k Sanction for violating Beaumont woman’s mortgage settlement
“This action is especially contemptible because defendants waited until the agreed judgment became final and then notified plaintiff that, in spite of the promises made, defendants were foreclosing on her property."
Title company says court ruling
could cloud home ownership for thousands

The state Court of Appeals ruled in Reese vs. Provident Funding last July that the Reese family of Cobb County were improperly foreclosed upon because the notice they got was improper.
Foreclosure-Mill, Holland & Knight will pay $25 million to settle a suit over its ties to Ponzi schemer
"The lawsuit against the law firm, filed three years ago, claimed Holland & Knight knew about -- but failed to report -- illegal activities at the Scoop Management hedge funds operated by Nadel."
(This is significant because wrongful foreclosure cases can undeniably prove the foreclosure-mills knew about -- but failed to report -- illegal Foreclosure activities.)
Title Insurance Issue Creates Logjam For Banksters
The concerns have prompted title-insurance companies, which investigate land records and write one-time policies guaranteeing clean title, to deny insurance for many previously foreclosed properties. “It is so poorly drafted that title companies are erroneously reading many requirements into the statute that have no basis in the law. The result is that hundreds of titles have been rendered unmarketable.”
Wells Fargo: Stop the foreclosure on my dead mother's home
Gail works full-time to support her family, and can afford to make her monthly mortgage payments. But Wells Fargo won't let Gail make her payments, because they say the house belongs to Marjorie, even though Marjorie is dead. Now Wells Fargo is trying to foreclose on the home Gail's family has owned for two generations.
Real Remedies for the Foreclosure Crisis Exist:
The Game-Changing Implications of Bain v. MERS

If MERS has no rights that it can assign, the parties are back to square one: the original holder of the promissory note must be found. The problem is that many of these mortgage companies are no longer in business; and even if they could be located, it is too late in most cases to assign the note to the trusts that are being tossed this hot potato.
El Paso Counties Attack MERS Scheme
Each of the Defendants has conducted and/or participated in the conduct of the MERS Enterprise's affairs through a pattern of racketeering activity in violation of RICO, 18 U.S.C. § 1962(c), by engaging in numerous acts of mail fraud and/or wire fraud.
MERS is the aggressive, vexatious vine trying to consume the almighty centuries-old trees of property rights and due process – and the Supreme Court of the State of Washington just sprayed it with Weed-Killer.
Washington Supreme Court's Ruling in KRISTIN BAIN
"Simply put, if MERS does not hold the note, it is not a lawful beneficiary." So why all the fuss - it is that simple.
Thousands of Ohio Homeowners were Foreclosed on Improperly, lawsuit claims
The suit claims the firms committed fraud by preparing, executing and notarizing fraudulent court documents and other records and also violated the Ohio Consumer Sales Practices Act. When a mortgage is sold to another company, the seller must transfer all of the necessary documents within 90 days or else the buyer doesn't have legal standing to foreclose. The suit claims the defendants fabricated or forged documents to push foreclosures through.
Foreclosure-Mills are named as Defendants.
TEXAS JUDGE: "Defendants' final (and weakest) argument is that homeowners like plaintiffs "will not be prejudiced" if the chain of assignments from original lender to foreclosing entity were immune to debtor challenge. After all, the argument apparently goes, the Millers owe the money to somebody. In truth, the potential prejudice is both plain and severe - foreclosure by the wrong entity does not discharge the homeowner's debt, and leaves them vulnerable to another action on the same note by the true creditor. Banks are neither private attorneys general nor bounty hunters, armed with a roving commission to seek out defaulting homeowners and take away their homes in satisfaction of some other bank's deed of trust."
Miller v. Homecomings, GMAC, BONY
In the 1930’s, 25 states enacted moratoriums on foreclosures. The Michigan Moratorium Act meant that anyone facing foreclosure got an automatic 5 year stay on the foreclosure, with a judge ordering a reasonable payment based on the homeowner’s ability to pay. These laws were upheld by the U.S. Supreme Court in the case of
Home Building & Loan Building Association v Blaisdell
which held that the people’s right to survive during an economic emergency superseded the contract clause of the U.S. constitution. The moratoriums were not a result of the generosity of the legislatures or the courts, but were a direct result of the actions of workers and communities flooding the streets and preventing the foreclosures that were being carried out. The legislatures and courts essentially ratified the moratoriums that were won in the streets.
Worse than Your Wildest Imagination

The executives of the big banks invariably pretend that the hanky-panky was only committed by a couple of low-level rogue employees. But studies show that most of the fraud is committed by management.
Fannie’s “Decoy Assignment” a NEW Foreclosure Defense
Attorney Tom Cox recently discovered a practice employed by the GSE’s… Fannie and Freddie. It has to do with what we’re calling “The Decoy Assignment,” and it’s a matter of policy. He’s arguing it successfully in court and stopping foreclosures.
"Judges are starting to understand, and they are starting to get angry."
Prof. Randall Wray: Why We're SCREWED
They took over the whole economy and the political system lock, stock, and barrel. They didn’t just blow up finance, they oversaw the swiftest transfer of wealth to the very top the world has ever seen. They screwed workers out of their jobs, they screwed homeowners out of their houses, they screwed retirees out of their pensions, and they screwed municipalities out of their revenues and assets.
And since they’ve bought the politicians, the policy-makers, and the courts, NO ONE WILL STOP IT!
Oregon Appellate Court Says
MERS Does Not Meet Statutory Definition of “Beneficiary”
A beneficiary that uses MERS to avoid publicly recording assignments of a trust deed cannot avail itself of a nonjudicial foreclosure process that requires that very thing–publicly recorded assignments.
Reversed and remanded.
Niday v. GMAC, MERS
The real story is that title chains have been irretrievably corrupted — which means that title cannot be established by using the documents alone.
Either way they are going to have a problem that can’t be fixed. They can’t prove up the documents because the documents are contrary to the path of monetary transactions and recite facts that are untrue —- in addition to the fact that the documents themselves were fabricated, forged, robo-signed and fraudulently presented. This is why I say that regardless of how hard anyone tries to do the wrong thing, the only right way to correct these problems is to negate the foreclosures that have already been concluded, stop the ones that are being conducted in the same way as the old way, and make them prove up their right to foreclose. The absence of a mortgage or deed of trust naming that actual creditor will void the mortgage and negate the credit bid at the auction.
Family fights to keep their home
Jenkinson’s novel argument could have big implications if his case prevails. He said there are thousands upon thousands of foreclosures that have happened in a way similar to the Bocardos’ case. Those foreclosures could be thrown into doubt if he wins this case, he said.
Jenkinson said at a point, anyway, it appears it is impossible to negotiate their position because there is no one to negotiate with.
Botched transfer leads to Foreclosure Nightmare
Bank of America forecloses on another home it did not own. Bank of America has since tried to rescind its April 2010 foreclosure. But hitting the reset button can't undo uprooting her kids or replace family photos, jewelry and kids' honor roll certificates. after looting the families personal belongings.
MERS’ Owners Offer Bogus Title Certification
Taken straight out of the pages of the con man’s playbook, the banks and servicers have come up with another fabricated piece of paper to waive in front of ignorant judges to prove that the chain of title “is what it is.”
NY State Assembly Passes Foreclosure Fraud Prevention Act
“For many middle-class New Yorkers, their life savings is their home. To take away people’s homes under fraudulent circumstances is a crime deserving of jail time,” Schneiderman said.
$40 Million Dollar Foreclosure Case Dimissed With Prejudice
It is noted that GECMC never provided any original document regarding the note and the allonge supporting their allegation that they were in fact the owner or assignee of the mortgage and the note at the commencement of the action.
It lacks standing because there was no proper assignment to it.
Woman Says Bank is Wrongfully Taking Her Home
She got a phone call from Citi Mortgage saying her account was delinquent. She proved she made payments and then realized the bank had been applying her payments to an account she never authorized.
JPMorgan Allegedly Forecloses On Home
Two Months After Its Purchase

Without any warning, JPMorgan foreclosed on the home, changing the locks and taking away his furniture, appliances and family heirlooms. Danforth is now suing JPMorgan for trespassing and theft.
Alabama lawsuits challenge electronic mortgage system (MERS)
"Gaps in title ownership, increase questions about foreclosure procedures, and raise doubts on the accurate satisfaction of mortgages, all of which undermine the time-honored recording requirements in Alabama and through out the country," the Walker County lawsuit states.
1987 Opinion
1987 COA Grants Permanent Injunction Against Foreclosure
Removes Clouded Title

"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.

For these reasons, we affirm the judgment of the trial court: (1) granting the Smiths' request for permanent injunction against foreclosure by the Bank; (2) removing the deed of trust as a cloud upon title."
1987 Opinion
1987 COA Grants Permanent Injunction Against Foreclosure
Removes Clouded Title

"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.

For these reasons, we affirm the judgment of the trial court: (1) granting the Smiths' request for permanent injunction against foreclosure by the Bank; (2) removing the deed of trust as a cloud upon title."
Will R-I-C-O Spell 'Relief' for B of A Mortgage Borrowers?
While shareholders queued up for a seat at the annual Bank of America extravaganza today, and the forces of Occupy got ready to mount major protests, a small group of lawyers plots its own campaign to take on what they call the "predatory mortgage banking cartel."
California Homeowner in Foreclosure Wins Quiet Title –
It’s a Free House!

A California homeowner, who was in foreclosure filed for quiet title against Deutsche Bank et al and won by default. The banks didn't show up. When this happens, the Plaintiff still has to present his or her case, but it’s unopposed, so it’s not exactly the highest of hurdles. After considering the evidence presented by the Plaintiff, the court entered judgment in favor of Plaintiff and against the Defendants, thereby voiding her Trustee Sale and the Deed of Trust. So, presto-change-o… no more mortgage… as in… it’s a free and clear house!
GMAC Mortgage Faces Class Action over Alleged Forced Placed Insurance Kick Backs with Balboa
A class action lawsuit has been filed in the United States District Court for the Southern District of New York against GMAC Mortgage, LLC and Balboa Insurance Company in connection with an allegedly unlawful kickback scheme involving
Force-Placed Insurance.
Former U.S. Attorney Questioned on Robo-Signing
Real estate attorneys say that nine out of 10 homes purchased after foreclosure have problems with their titles.
"I don't own the home I bought three years ago. I made payments faithfully and on time until just recently when it was confirmed
I don't own the house I bought."
Bank forges signature, homeowner gets temporary victory
Attorney Fluker argued in Court that Deutsche Bank is using forged documents to claim ownership of her client’s home.
Ibanez: Why the Banks Fought all the way
to the Supreme Court to Steal this House

Quote from BusinessWeek in Nov. 2007:
Foreclosure is turning out to be trickier than many on Wall Street anticipated. David D. Dowd Jr., a federal judge in Akron who joined colleagues in trying to streamline the process for handling foreclosures when the housing bust hit, said:
"I think they liked the procedure we set up--until we started asking nasty questions about whether they actually own the note."
Inside the Foreclosure Factory: Pushing the files
"These are mistakes that could cost someone their home," a Wells Fargo document preparer told

"There was one file where they weren't even past due and they were in foreclosure status," the loan processor said.
Ocwen's Final Judgment in Foreclosure REVERSED
The issue in this case is whether Ocwen, which seeks to foreclose, is required to affirmatively refute homeowner's affirmative defenses to be entitled to summary judgment. We hold that it must and reverse.
Grassley’s Case Against DOJ Stance on Financial Fraud
Sen. Grassley stated, “The Justice Department has brought no criminal cases against any of the major Wall Street banks or executives who are responsible for the financial crisis.” He concluded his statement by saying, “All that matters is results – prosecutions and conviction.
Defective Foreclosures Rampant
The mortgage crisis in America has gotten so complicated that not only are banks foreclosing with no evidence that they have authority to do so, they can no longer define what ownership of a mortgage even means.
Not only did Deutsche Bank decline to say if it owned the mortgage, it challenged the very concept of ownership, as if the mortgage transactions of the past half-decade were so complicated it can no longer be determined who owns what.
The Great American Foreclosure Story:
The Struggle for Justice and a Place to Call Home

This grandmother's story — outrageous and complex — is our story,
the American foreclosure story.
BK Judge Clobbers Wells Fargo;
Awards Homeowner $3MM Plus Attorney Fees

Wells Fargo’s actions were not only highly reprehensible, but its subsequent reaction on their exposure has been less than satisfactory. There is a strong societal interest in preventing such future conduct through a punitive award.
The Ohio Supreme Court Wades Into the Foreclosure Mess:
Standing and Real Party in Interest.

The most interesting exchange in the argument came between Justice McGee Brown and Freddie Mac’s lawyer. She noted, and cited a federal case from the Third Circuit Court of Appeals, that financial institutions are sticklers for the strictest compliance on paperwork from their customers, but are now asking the court to relax its standards-why should the Court “find a more relaxed rule for Freddie Mac than Freddie Mac would otherwise give to its customers?” Why didn’t Freddie Mac just wait until it had the note and mortgage—what was the big hurry—the house wasn’t going anywhere? She looked quite steely as she asked this.
from 11/11: US Bank Never Transferred The Notes: Suit
An Oklahoma pension fund filed a putative class action against U.S. Bank NA on Thursday alleging the bank's shortcuts, including a failure to actually take possession of loan documents underlying mortgage-backed securities, cost the fund hundreds of millions of dollars.

Because the bank never actually transferred the mortgages notes on hundreds of underlying mortgages, investors are entitled to unwind the MBS purchase and reclaim their payments.
From the Oklahoma Supreme Court on the issue of standing
NTEX Realty v. Tacker
The Supreme Court ruled that: To commence a foreclosure action in Oklahoma, a plaintiff must demonstrate it has a right to enforce the note and, absent a showing of ownership, the plaintiff lacks standing.
Oral Argument in the Ohio Supreme Court in
Freddie Mac v. Schwartzwald

JPMorgan, EMC Mortgage, Bear Stearns Sued by Ambac AGAIN
Complaint: Ambac v. JPMorgan, EMC, Bear Stearns
Reversed and Remanded:

The issue of standing "may not be waived, and an argument concerning standing may be asserted for the first time on appeal."
New York Times: Evidence mounting that
ROBO-SIGNING is still going on.

Even after mortgage servicers have been excoriated by a judge in one state, they still use similar documents in other cases in other states, according to the examination.
Searching shadows for end to foreclosure crisis
"That's ridiculous," Judge Lewis tells the bank's lawyer. "I'm not doing this thing two or three times. You're making my head spin."
The Securitization Curtain is Lifting in Hawaii!
Honorable Judge J. Michael Seabright gets it!
And his ORDER is detailed. In the Discussion, Judge Seabright notes an argument that homeowners have being trying to persuade the courts (especially at the lower state levels) to grasp:
Deutsche Bank NTC v. Williams
Bank of America, Fannie Mae and Castle & Stawiarski
Conspire to Steal Home on Tuesday, April 3

Ms. Davidson's story is tragic and, unfortunately, common. Bank of America is publicly cooing that they are trying to keep families in their homes whereas in reality they are pummeling homeowners
Lawyer for Castle & Stawiarski admits...
"Thousands of Colorado homes were taken in foreclosure in recent years by banks that probably never had the right to do so because
no one bothered to challenge the process."
There should be an immediate and complete halt to all foreclosures in the US, and all foreclosures that have been completed over the past decade should be nullified. Yes that will get messy. But continuing with foreclosures will make the mess immeasurably worse. This foreclosure crisis is not going to stop.

No one should buy any bank-owned real estate because it is probable that eventually the US will return to the rule of law. The property will be returned to the rightful owners -- those who were illegally kicked out of their houses.

For cases with Lost Note claims:
Massachusetts Appeals Court Rules That Lost Promissory Note Renders Mortgage Unenforceable

In a decision which could impact foreclosure cases involving missing or lost loan documents, the Appeals Court held that a mortgage is unenforceable and must be discharged where the underlying promissory note securing the mortgage could not be found.
JPMorgan v. Casarano

The proposal to have the victims of Bank of America's violation pay an additional penalty for their own victimization was enough to give the Court pause.

A Springfield judge’s ruling has thrown the entire Massachusetts foreclosure market into disarray by bolstering claims that lenders improperly seized thousands of Bay State homes.

"[a] bank that was not the mortgagee when suit was filed cannot cure its lack of standing by subsequently obtaining an interest in the mortgage." "Thus, Wells Fargo Bank lacked standing to bring a foreclosure action against Jordan. As such, the trial court erred in granting summary judgment in favor of WFB because WFB was not entitled to judgment as a matter of law. We sustain Jordan's first assignment of error, reverse summary judgment, and order the trial court to dismiss the complaint without prejudice."

Wells Fargo vs. Jordan

Ohio Supreme Court DECLINES jurisdiction!

The biggest investment most Americans will make is now the target of the biggrest financial crimes in history and labeled:

"The Perfect Crime."

When fully exposed, this will make Enron look like a parking ticket.

- MSFraud 2003 -

From the 2005 transcript of hearing in MERS v. Cabrera

"It truly concerns me, however, that thousands and thousands -- thousands and thousands of mortgage foreclosure actions have been filed with these allegations. I am not certain what remedy, if any, these people would have were it to be determined that MERS was not ever the proper party notwithstanding that these folks [might] have been in default what their recourse, if any, would be. I'm not certain with the satisfaction of mortgages that have been filed on behalf of MERS how good those are and I am not certain how good title to property is that people bought at these foreclosure sales if it turns or becomes established that MERS was indeed not only not the right party but misrepresented by way of their pleadings and affidavits that they held something they didn't own, so I'm not certain of the consequences but it seems vast."
- The Honorable Judge Jon Gordon - September 2005 (Emphasis added)


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Required reading for judges and should be cited in every brief.

Not a single family who had their house illegally seized by the banks were returned to their home.

Max Gardner's Dirty Dozen Rules for Ownership of the Mortgage Note

Free Online book

Florida’s Kangaroo Foreclosure Courts: Judges Denying Due Process on Behalf of Banks
The Banks Lost the Notes:
This is no Joke!

Compensation for Countrywide Victims
Max Gardner's Top Tips for
Fake Mortgage Documents

Homeowner Suffers Horrific Injustice
at the Hands of JPMorgan Chase


Max Keiser interviews former Asst. Secretary of Housing Catherine Austin Fitts
at counter 12:48 & 19:30
When mortgages were offered there was fraud in the inducement, fraudulent securitization, and then fraudulent foreclosures.

Tracking Financial Crisis Cases

How to Reverse a Home Foreclosure Sale

The 2008 Crisis was Avoidable

Obtaining Due Process in Non-Judicial Foreclosure States



Mortgage Banking Licensee List - Servicers Only


Foreclosure Case Killer- The Subpoena Duces Tecum

The Sidebar | What is an Assignment of Mortgage

Access to Justice: Opening the Courthouse Door


Following Up On Foreclosures

Getting Back Your Home AFTER Foreclosure Sale


Finding the Fraud in the Loan Documents

The GSE Business Model is FATALLY Flawed


Basic Foreclosure Litigation Defense Manual



The Banks and Our Government continue to cover up the FRAUD


Federal Reserve is a Ponzi scheme.

Fraud and Greed of Trusted Rating Agencies Helped Spread the Credit Crisis

It’s Vindication, Not War

Pending Class-Action Lawsuits

Buyer Beware:
Avoiding Predatory Lenders

MORTGAGE SERVICING COMPANIES Former Ameriquest Workers Tell of Deception

Read This If You Are Facing Foreclosure

» New York continues assault on MERS


» Pictures Of MERS, Part 1: Corporate Documents Illustrate The Mortgage Shell Game

» MERS Consent Cease and Desist Order

» The Meaning of MERS

» The MERS Fifty Million Mortgage Meltdown

» MERS is NOT licensed in California

» How MERS Toasted the Banks

» MERS: A Survey of Cases Discussing MERS’ Authority to Act.

» NY Class-Action against MERS, Baum & HSBC

» MERS is a SHAM says judge in 2005

» Stern-MERS Class-action

» MERS Twilight Zone

» MERS was not authorized to assign anything.

» Search MERS to see if the owner or investor of your note is listed.

» MERS 101

» MERS Depositions

» MERS 2010 Deposition


» MERS and CITI are not Real Parties in Interest

» MERS Admits NO Interest in Mortgage and No Loss On Default

» A Florida Solution to the MERS Mortgage Foreclosure Crisis & Fiasco and why Every Foreclosure of a MERS Mortgage done in Florida deserves to be REVERSED.

» How to Attack MERS and WIN!

» Has A MERShole Opened Up?

» MERS does not have standing

» MERS - relief from stay Denied

» Kansas Supreme Court Knocks Out MERS

» Nevada BK Court Knocks Out MERS

» MERS loses again. This time in Texas

» MERS loses in Idaho

» MERS Accused of Illegal Shortcuts to Speed Foreclosures

» The MERS Experience

» MERS Affidavits (Girdvainis case)

»Supplemental Order (Girdvainis case)

» MERS 2005 hearing transcript in Cabrera

» Why You Don't Owe The Money

» Obtaining Due Process in Non-Judicial Foreclosure States


» 99 YEARS for Mortgage Fraud

» Show Me the Original Note and I Will Show You the Money

» The Lack of Evidentiary Foundations Fosters Fraud

» Transforming Homeowner Violence Into A Mortgage War Plan

» Protest stops eviction by Bank of America

» Jury awards couple $10.6 million in bank case

» Jury gives woman $1.25M in lawsuit over mortgage

» $3.4 Million Dollar Jury Verdict For Wrongful Foreclosure

» EMC Mortgage/JPMorgan Chase cleans out the wrong house!

» The CRIMINAL Case against BEAR STEARNS begins

» Who Owns My House?

» Mortgage fraud --the worst crime no one's heard of

» Supreme Court rules that campaign contributions can create perception of judicial bias

» Dozens of Cases Rolling in from Bankruptcy and Civil Courts Reversing Foreclosures,Evictions

» Misbehavior and Mistake in Bankruptcy Mortgage Claims

» 25 People to Blame for the Financial Crisis

» Have you been hurt by EMC Mortgage Corporation? You are not alone...

» Responding To The Foreclosure Crisis

» FTC check for EMC's ILLEGAL Practices

» Bear Stearns and EMC Mortgage to Pay $28 Million to Settle FTC Charges of Illegal Mortgage Servicing and Debt Collection Practices

» Bear Stearns & EMC Agree to Pay $28 Million in Settlement...but what about the homeowners who lost their homes due to EMC's fraud?


» The Housing and Economic Recovery Act of 2008 - Catherine Austin Fitts


» Predatory Lenders' Partner in Crime - How the Bush Administration Stopped the States From Stepping In to Help Consumers

» Appeal of Ocwen Loan Servicing, LLC, and Moss, Codilis Stawiarski, Morris, Schneider & Prior


» Judges as Criminals - Circuit Court a Criminal Enterprise

» AG Swanson wants criminal penalties for unscrupulous lenders

» Firm ordered to end lending practices

» Losing Ground - A Report



     - Consent Order

» More Mortgage Lenders Targeted!

» The OCWEN Story

» EMC Mortgage investigation

» Ameriquest to Pay $325 Million

» Limiting Abuse and Opportunism by Mortgage Servicers.

» Has Predatory Mortgage Servicing Destroyed the American Dream?

» Order Regarding Standing of MERS to Foreclose on Behalf of Others.

» Federal Judge Says Legal System Corrupt Beyond Recognition.


Does FANNIE own your loan?

Examining Lending Discrimination Practices and Foreclosure Abuses

John Hancock Life v. JPMorgan, EMC Mortgage, Bear Stearns

Number of Occupy protesters arrested counter

If our efforts help you, please

"What they are doing to these people is despicable, and it is absolutely wrong."

Senator Barbara Mikulski (D-Md) - 2003

"The bank had engaged in "harsh, repugnant, shocking and repulsive" treatment of the homeowner"

Justice Spinner - 2009

"Nevertheless, Fairbanks in a shocking display of corporate irresponsibility, repeatedly fabricated the amount of the Debtor's obligation to it out of thin air. There is no other explanation for the wildly divergent figures it concocted."

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