Cases Dismissed for lack of You can use CTRL-F to search this list.
CONTENTS (jump to):
Finding
the Fraud in the Loan Documents
Mortgage
Servicing Fraud cases,
citations & resources (by Katherine Porter)
Verification
of Mortgage Foreclosure
EMC Mortgage /Bear Stearns/JP Morgan
Fairbanks Capital - SPS Servicing
MERS (Mortgage Electronic Registration
Systems)
Pooling & Servicing Agreement/Prospectus
Summary Judgment (REVERSED)
_____________________________*****
The Issue of Standing to Foreclose
From the James Hoyer Law
Firm
- Request for Production of Note
Retroactive
Mortgage Assignments
Not Effective In Massachusetts
Most
plaintiffs never “hold” the
Collection Requires
the Original Note
How
to use “Produce the Note” in
Non-judicial Foreclosure States
( Florida Administrative Order)
Will
the Real Real Party in Interest
Please Stand Up?: Applying the Capacity
to Sue Rule in Diversity Cases
Standing/Jurisdiction ***
Ark.
Sup. Ct. McKay (no Original note)
MORTGAGE
FORECLOSURE ACTIONS BY
How
to use “Produce the Note” in
Non-judicial Foreclosure States
FLORIDA
SUPREME COURT TASK FORCE
_____________________________
Ohio Foreclosure Help
Back
to top
_____________________________
_____________________________
Ocwen Sanctioned $71,050
IN RE ADAMS
Chase (vacate and dismiss w/prejudice)
Ocwen - Response to
Interrogatories
EMC steals
mortgage-related docs
FTC v. Countrywide, Bank of America
BYAFM v. Goldman (complaint)
SPS/Fairbanks (Servicer
Fraud)
2006-Merrill, Wilshire, LaSalle
GMAC
v. Weisband (Dismissal)
HSBC v. Taylor (procedures
and sanctions)
Deutsche
v. Taylor (explains assignment,
indorsements and standing)
MERS-CITIBANK not
real parties in interest.
HSBC/Eslava (Note
canceled-relieved of debt)
Complaint
for Wrongful Foreclosure, Fraud, Negligence, Quiet Title and Unfair Business
Practices
McLeod
(Order Vacated - Dismiss
w/prejudice)
JERMAN v.
CARLISLE (FDCPA
SCOTUS)
Riggs
v. Aurora Loan Servicing (4/10)
(Reversed)
Bellisti v. Ocwen (Bifurcation-unsecured)
Emigrant
Mort. v. Corcione (damages)
See GMAC cases
See U.S. Bank case
Wells
Fargo v. Cirigliano (SJ
Denied)(2010)
Deutsche Bank v. BOA (securities)
CW
(Practicing law without a license)
Ohio AG v. AHMortgage (One-sided terms)
MERS v. Sheridan (Idaho)
Wells_U.S.bank v
Ibanez Larach
Foreclosure
Fraud - Guide to Looking
up Public Records for Fraud (free)
DIMOCK v. EMERALD
(detainer/quiet title)
Unlawful
Detainer /Questions of Title
Majon
v. Washington Mutual / JP
Morgan Chase (class-action)
Deutsche v. Marche*
(Order to Show Cause)
United
Guaranty Mortgage Indemnity
Company v. Countrywide & Bank of New
Ark.Sup.Ct. (MERS
does not have standing)
Ameriquest/Deutsche/AMC (TILA
rescission)
Deutsche Bank v.
Massey (14 filings)
Whittiker v. Deutsche
(Memorandum)
MORTGAGE
FORECLOSURE ACTIONS BY
Suntrust Bank
(Fraud in the inducement)
California c.
Countrywide (judgment)
BNY v. Meyers (
a must read!!!)
_____________________________
Fund
A special fund to help if a
lawyer fails to return client's money.
Securitization Chart
So
You Want To Sue? by
LA Bill
Do
You Have A Case?
(questionnaire)
*A
Guide: Predatory
Lending
Make
Sure Your Payments Count!
Why
Some Of You Are Relentlessly
Attacked *
Foreclosure
Procedures by State
_____________________________
Cease
& Desist (by the Dept. of Fin.
Institutions)
Ameriquest/Deutsche/AMC (TILA
rescission)
Declaration
against Ameriquest
Declaration
against Ameriquest
to be out April
Gillean v. Ameriquest
(Docket)
Bank of America/BACBack to top
Criminal Complaint (1998)
Bank
of America (treble
damages)
Trustee Sale
VOID (Court
Opinion)
Deutsche Bank v. BOA (securities)
- Freddie Mac (Objection to discovery)
- Exhibit A, B, C1, C2, In Camera request
- BOA (answer to Freddie objection)
- Deutsche ( opposition to dismissal)
MGIC v. Countrywide/BAC (arbitration)
FTC v. Countrywide, Bank of America
Box - BAC denied relief of Stay
Bank
of New York v. Gindele (reversed)
Appeal Your Own Victory? Yes, Indeed!
How
to Manage Your Mortgage If
Your Lender Closes or Files for
Complaint
in Jack v. MERS, Citi,
MERS-CITIBANK not
real parties in interest.
FTC v. Countrywide, Bank of America
Countrywide-litigation-database
California v.
Countrywide 6/08
California c.
Countrywide (judgment)
In Re: SHARON DIANE HILL
Trustee Complaint
- Florida
Trustee Complaint
- Georgia
Countrywide
(foreclosed on wrong home)
Bryan v. Countrywide (Complaint)
United
Guaranty Mortgage Indemnity
Company v. Countrywide & Bank of New
Countrywide (Complaint)
Carter
(Emotional Distress)
CW
(Practicing law without a license)
MERS & Countrywide v. Trustee (2009)
MGIC v. Countrywide/BAC (arbitration)
Deutsche Bank a/n/a Bankers Trust Back to top
Ameriquest/Deutsche/AMC (TILA
rescission)
Deutsche
- Class Action (RICO)
DISMISSED Boyko
Ohio AG Dann's Motion to Dismiss
Objection
to Decision (Barnes)
Objection
to (Muhammad)
Complaint
in Jack v. MERS, Citi,
Deutsche Bank
v. Massey (14 filings)
Whittiker v. Deutsche
(Memorandum)
Whittiker
(opposition to recommendation)
Deutsche v. Marche*
(Order to Show Cause)
Deutsche Bank v. BOA (securities)
- Freddie Mac (Objection to discovery)
- Exhibit A, B, C1, C2, In Camera request
- BOA (answer to Freddie objection)
- Deutsche ( opposition to dismissal)
Class-Action
against Deutsche Bank (assignments)
Deutsche
v. Taylor (explains assignment,
indorsements and standing)
EMC Mortgage/Bear Stearns/JP Morgan Chase
PredBear Report (1999)
Bear Stearns and EMC
Mortgage to
Pay $28 Million to Settle FTC Charges
of Unlawful Mortgage Servicing and
EMC
Mortgage v. Batista (F/C denied)
EMC reversed on Appeal (res judicata)
3/31/2008
EMC Disclosure of FTC Investigation
Stark
v. EMC (Part 2)
*Stark
v. EMC (Opinion)
EMC
v. Anolik (Depublish)
Brown v.
EMC
(sanctions)
Wanger
PDF Version
- (Pet. Denied by TX. Sup. Ct.)
EMC v. Bradley
(Pro Se)
Majon
v. Washington Mutual / JP
Morgan Chase (class-action)
CRIMINAL
case against Bear Stearns
WaMu
v. JPMorgan Chase
(Bankruptcy)
Nuer Trustee (sanctions against
JPM)
EMC steals
mortgage-related docs
Local 562 v. JPMorgan (class-action)
Chase (vacate and dismiss w/prejudice)
Fairbanks Capital n/k/a Select Portfolio Servicing Back to top
Fairbanks,
FTC Agree to Modified
Curry
vs. Fairbanks Settlement Agreement
and Release
Fairbanks'
Operational Agreement
ACTION SETTLEMENT AND
SETTLEMENT HEARING.
List
of FB cases from old site
(Some links still work!)
Curry
v. Fairbanks (Settlement)
SPS/Fairbanks (Servicer
Fraud)
Fannie Mae - Freddie Mac Back to top
DOUBLE
FUNDING, FABRICATION OF
DOCUMENTS AND FORGERY OF SIGNATURES
Response to Discovery/Admissions
FHLB v. Deutsche et al (2010)
FHLB v. Credit Suisse
Securities et al (2010)
MORTGAGE COMPANIES AND LAW FIRMS
The
Roth Firm, United First (FC
rescue)
Murray (TILA)
LEIBOWITZ (GMAC
Sanctioned for fraud on
court) (2006)
GMAC v. Visicaro (Dismissal/Reverse)
Hearsay reverses summary judgment
GMAC
v. Weisband (Dismissal-standing)
HSBC (customer’s right to rescind)
HSBC/Eslava (Judge
wipes out mortgage)
HSBC v. Taylor (procedures
and sanctions)
Ruscalleda
(2
foreclosures on same mortgage)
Rogers (Florida)
Motion to Dismiss granted
IndyMac/FDIC
Shared Loss Agreement
IndyMac LOAN
SALE AGREEMENT with FDIC
IndyMac v. Keyser (Judgment/sale
set
aside.)
LaSalle (Also see EMC above) Back to top
Decision and
Order for Damages
Lamy (no
Note)
Wells
Fargo v. LaSalle (mortgage fraud)(2008)
Lasalle
Bank v. Smith, MERS (2010)
Also check the Law Articles page.
Foreclosure
Fraud and The Florida Bar
STATES JUDGES (July 09)
The
Effect of Campaign Contributions
Judges
Tackle "Foreclosure Mills"
Judge
Has Stern Words (But No Fine)
Barrett
Burke (sanctions)
Circuit Court a Criminal
Enterprise
Draper&Goldberg
(sanctions)
Sherkanowski
v, GMAC/Harmon law
McCalla, Raymer, Padrick, Cobb,
Nichols, and Clark, L.L.C., and
Barrett, and Frappier, (FDCPA)
Pro Se Attorneys cannot claim
attorney
Fulbright & Jaworski Order
an Illegal
Eviction.
Legal
Ethics Issues for Collection
United
States v. Lucerne County
"Fraud
On The Court By An Officer Of
The Court and "Disqualification Of
The
Roth Firm, United First (FC
rescue)
Florida
Default Group under investigation
*FTC's
list of Litton complaints.
Wright v. Litton (RESPA)
Litton to pay Attorney Fees
Grier Complaint
against Litton
Litton
Class-Action/Stolen data
AK
Construction v. Litton/MERS
Wright v. Litton (emotional
damages)
MERS, Litton v. Sheridan (Idaho)
(Mortgage Electronic Registration System)
MERS sued
for BILLIONS in Nv, Ca
Landmark Nat'l
Bank v Kesler_MERS 9/08
MERS v. Romaine
12/06
Class
Action Defense Cases—In re
Multidistrict Litigation (MDL)
Unopposed By Defense Attorneys
To Centralize Class Action Litigation
(Girdvainis case)
(Girdvainis case)
Order
Regarding Standing of MERS
To Foreclose on Behalf of Others
AK
Construction v. Litton/MERS
Complaint in Jack
v. MERS, Citi,
Ark.Sup.Ct.
(MERS does not have standing)
MERS v. Mitchel (BK judge stops MERS)
MERS
v. Southwest (no legal standing)
MERS
v. Landmark (No standing to f/c)
MERS v. Sheridan (Idaho)
(No standing)
MERS (relief
from stay Denied)
MERS (Dist.Ct
affirms BK Ct.)
MERS & Countrywide v. Trustee (2009)
MERS
Bifurcation of Note & Mortgage
Lasalle
Bank v. Smith, MERS (2010)
MERS
must not be named as a plaintiff in
MERS-CITIBANK not
real parties in interest.
Deutsche
v. Taylor (explains MERSassignment,
indorsements and standing)
Master Repurchase Agreement - Citigroup
Global Markets Realty Corp. and New
Century Financial Corp. [Aug 1_ 2006]
Akins (judgment
"Void for uncertainty")
Snyder*
(lack of standing)
Snyder
(motion to amend w/prejudice)
Snyder
(response to amend)
Pierce
v. NovaStar-Class Action
Ocwen Sanctioned $71,050
IN RE ADAMS
BELLISTRI
v. OCWEN (2009)
Bellisti v. Ocwen (Bifurcation-unsecured)
Practice of False & Forged
Signatures
AUDIT
OF OCWEN FEDERAL
BANK’S SERVICING OF RTC
MORTGAGE TRUST 1994-S2
ORDER DIRECTING SECURED
CREDITOR AND FORECLOSURE
REFEREE TO APPEAR AND SHOW
CAUSE WHY THEY SHOULD NOT
BE LIABLE FOR VIOLATION OF
THE AUTOMATIC STAY AND WHY
POST-PETITION FORECLOSURE
SALE SHOULD NOT BE VACATED
Guzman v. Ocwen
(Orig. Pet.)
MORRIS, SCHNEIDER & PRIOR, LLP
Shwartz (improper
Foreclosure)
Ocwen - Response to
Interrogatories
2006-Merrill, Wilshire, LaSalle
BYAFM v. Goldman (complaint)
BAC
Funding v. U.S. Bank, C-Bass
Complaint
for Wrongful Foreclosure,
Fraud, Negligence, Quiet Title and
Unfair Business Practices
McLeod
(Order Vacated - Dismiss
w/prejudice)
Trouche
(Judgment Vacated/Sale set aside)
Majon
v. Washington Mutual / JP
Morgan Chase (class-action)
Washington
Mutual v. City of Cleveland
Wamu v. JPMorgan Chase
(Bankruptcy)
NAACP v.
Wells Fargo 3/09
Docs of Wells
Fargo scam
Wells withdraws
(docket sheet)
Abercrombie
(FCRA)
Fargo to Pay Over $1 Million for
Favorable
Ruling For Debtors In
Jones v. Wells Fargo Bank Upheld
Jones
(Wells specification of errors)
Florida
Motion To Vacate Void Judgment
Wells v. Jordan (amicus
brief)
Wells Fargo v. LaSalle (mortgage
fraud)(2008)
Wells held liable for trespassing (2010)
Wells Fargo v. Chesney
(dismissal granted)
WellsFargo v. Cirigliano (SJ
Denied)(2010)
_____________________________
Legal
Cases on Mortgage Servicing
BNY v. Meyers (
a must read!!!)
Akins (judgment
"Void for uncertainty")
Florida Motion
To Vacate Void Judgment
Fidelity v. Harris (kickbacks)
Door Could Open To Class Actions
Streamlined
Foreclosure and Loss
Securitized Subprime Adjustable
Fidelity
National Title Insurance
Objections
to Class Settlement
State of Texas v. City
Mortgage
CRL/AARP Appellate Brief (TILA)
Agreement and Order
Office
of Thrift Sup. v. Ocwen
(FTC amicus brief)
_____________________________
The Problem of Foreclosure Titles
Nine
(9) Elements to prove Fraud
Responsibilities
of the Servicer
Rules
for Attorney Conduct (ABA)
CIVIL CASE: Things to Consider
Conducting
and Effective Voir Dire
What
Is A Motion To Lift Stay On My
_____________________________
_____________________________
Foreclosure Defenses Back to top
Initial Letter to alleged Owner/Holder
Predatory
Lending Claims Available
Holder
in Due Course Doctrine is not
&
WHY ARE THEY NOT THE PARTY ENTITLED
TO PAYMENT IF THE RECORD SHOWS THAT
THEY ARE?
Demand
Letters Claiming Damages for
Errors and Omissions, Negligence
Nine
(9) Elements to prove Fraud
Practices Statutes 2009
What
Is The Right of Rescission?
What the Heck is a Lis Pendens in
Foreclosure
Fraud - Guide to Looking
up Public Records for Fraud (free)
Unlawful
Detainer /Questions of Title
Rescission
Letter, Demand Letter
action with prejudice, Clear Title
Anatomy
of a Florida Foreclosure
Sample
Foreclosure Defense Legal
Forcible Detainer and Eviction
Foreclosure Offense and Defense:
Florida
Motion To Vacate Void Judgment
Defense Manual
Borrowers'
defenses to Foreclosure
RESPA - Real Estate Settlement
HUD
RESPA Settlement Agreements
JERMAN v.
CARLISLE (FDCPA
SCOTUS)
(Read summary and briefs SCOTUSWiki )
TILA
(Truth in Lending
Act)
TILA
Statute of Limitations — No Limit
Default
Letter to Lenders/Attorneys for violating
Fair
Debt Collection Practices Act
$500,000
Award for Violations of Fair Debt
Mail
Fraud (USPIS)
Why
Summary Judgment is
Unconstitutional
Motion to Enlarge Time
(sample)
Discharge My Mortgage. What Can I Do?
Proof the missing Notes are created
Summary Judgment (REVERSED)
Florida
_____________________________
Pro
Se Handbook (Idaho)
