Articles Related To Mortgage Servicing Fraud

Date	Article Articles are added weekly	Source	Comment
08/31/17	‘Nonprime has a nice ring to it’: the return of the high-risk mortgage	CNBC	‘Nonprime has a nice ring to it’: the return of the high-risk mortgage It was about a decade ago that Dan Perl chucked it all in to go surfing in Mexico. As a veteran underwriter of subprime mortgages, he'd seen enough by April 2007 to know that there was serious trouble ahead. So
08/31/17	1st Cir. Rejects Borrowers’ Attempt to Void Loan Using Massachusetts’s ‘Obsolete Mortgage’ Statute	Stopforeclosurefraud.com	1st Cir. Rejects Borrowers’ Attempt to Void Loan Using Massachusetts’s ‘Obsolete Mortgage’ Statute Lexology- The U.S. Court of Appeals for the First Circuit recently affirmed the dismissal of a lawsuit by borrowers seeking to enjoin a mortgage foreclosure sale, holding that
08/31/17	Wells Fargo’s Testimony Left Some Feeling Shortchanged	NYTimes.com	Wells Fargo’s Testimony Left Some Feeling Shortchanged Did Wells Fargo mislead the United States Congress during hearings last fall when it characterized its widespread opening of unauthorized bank accounts as a one-off problem in an otherwise clean operation?
08/31/17	“Hardest Hit Fund” to Help Struggling Homeowners Spent Millions on Parties, Bonuses, Cars	Judicialwatch.org	“Hardest Hit Fund” to Help Struggling Homeowners Spent Millions on Parties, Bonuses, Cars A multi-billion-dollar government program launched by Obama to help families hit by the housing crisis squandered millions on parties, employee bonuses, cars, and superfluous data storage. The program is
08/29/17	Fannie Mae, Freddie Mac suspend foreclosures and evictions in wake of Hurricane Harvey	Housing Wire	Fannie Mae, Freddie Mac suspend foreclosures and evictions in wake of Hurricane Harvey Fannie Mae and Freddie Mac are extending additional relief to homeowners affected by the catastrophic flooding caused by Hurricane Harvey.
08/29/17	STATE-BOSTON RETIREMENT SYSTEM v BANK OF NOVA SCOTIA \| This multitrillion-dollar suit can’t go unnoticed	Stopforeclosurefraud.com	STATE-BOSTON RETIREMENT SYSTEM v BANK OF NOVA SCOTIA \| This multitrillion-dollar suit can’t go unnoticed NY POST- There was a major development in a lawsuit last week that every investor should know about — and worry about. But nobody is paying attention.
08/28/17	Predatory Installment Lending in 2017: States Battle to Restrain High-Cost Loans	NCLC	Predatory Installment Lending in 2017: States Battle to Restrain High-Cost Loans This National Consumer Law Center survey updates our 2015 report that analyzed the strengths and gaps of the statutes in the 50 states and the District of Columbia that regulate installment loans. Our new analysis finds both gains and losses, and increasing pressure on states to weaken rules as restrictions on payday loans increase.
08/28/17	Is the Foreclosure Crisis Really Over?	Afro	Is the Foreclosure Crisis Really Over? No. While there are fewer foreclosures than there were some years ago, we are far from out of the woods. In fact, Maryland is one of the top foreclosure states with one in every 776 property owners losing their homes.
08/26/17	Foreclosure of McCollum home canceled, but ownership still in doubt	Greenfield Recorder	Foreclosure of McCollum home canceled, but ownership still in doubt BERNARDSTON — The day after a bank foreclosed on 72-year-old Bob McCollum’s home, a letter went out to the bank from the longtime carpenter’s debt collector, reversing the decision.
08/25/17	Trustee and Trust Are Different Entities: Trustees are Nominal and Not Real	Living Lies	Trustee and Trust Are Different Entities: Trustees are Nominal and Not Real This case shows in detail the difference between a nominal party and a real party. It can be used to clarify cases where US Bank and others pretend that the Plaintiff is the Trustee. It isn’t. As trustees they are
08/25/17	Damning report finds state agencies wasted millions meant for struggling homeowners	Housing Wire	Damning report finds state agencies wasted millions meant for struggling homeowners A damning new report from a federal watchdog shows that 19 state housing finance agencies wasted millions of dollars that should have gone to struggling homeowners as part of the government’s Hardest Hit Fund program.
08/24/17	Eleventh Circuit Moves Toward Bright Line Rule That Debtors Cannot Retain Real Property Post- Discharge Without Reaffirming the Mortgage Debt	Lexology	Eleventh Circuit Moves Toward Bright Line Rule That Debtors Cannot Retain Real Property Post- Discharge Without Reaffirming the Mortgage Debt Last year, Burr & Forman lawyers won a decisive victory in the Eleventh Circuit, in the case of In re Failla, 838 F.3d 1170 (11th Cir. 2016). In Failla, the Eleventh Circuit held that a debtor who files a statement of intention to “surrender” his or her house in bankruptcy may not oppose the secured creditor’s foreclosure proceeding in state court.
08/24/17	BKR: Denial of Proof of Claim VOIDS the Lien	Living Lies	BKR: Denial of Proof of Claim VOIDS the Lien This court decided in 2015 that if a party submits a proof of claim in support of a secured debt, the denial of the POC results in voiding the lien. Thus a successful attack in BKR Court on a POC submitted by or on behalf of a party who is a stranger to the debt not only loses the right to be paid in the BKR proceedings but also loses the lien as a matter of law. The express wording of the opinion means that the voiding of the lien survives the BKR proceedings which means it cannot be revived after discharge.
08/23/17	Loan sharks were meant to be eradicated. Now they're back	The Guardian	Loan sharks were meant to be eradicated. Now they're back The loan sharks are back. The latest mutation of predatory lending practices is surfacing in US communities that experienced high rates of foreclosure during the subprime mortgage meltdown.
08/23/17	Response to QWR Response from Ocwen Re US Bank as Trustee of….hmmmm	Living Lies	Response to QWR Response from Ocwen Re US Bank as Trustee of….hmmmm So you have sent a QWR (hopefully a good one that qualifies as a Qualified Written Request or Debt Validation Letter) and Ocwen responds with a shotgun approach intended to intimidate the lawyer or homeowner who reads it. I recently did an anlysis and drafted a potential response for another lawyer representing a homeowner. I thought I would share it with you.
08/22/17	Free Law Project Has Now Made Every PACER Opinion Searchable	Lawsitesblog.com	Free Law Project Has Now Made Every PACER Opinion Searchable After nearly a year of effort, the Free Law Project has downloaded every opinion and order from the federal courts’ PACER system and has made them available for search through its RECAP archive of PACER documents.
08/21/17	CFPB investigates scandal-ridden Wells Fargo…again	Housing Wire	CFPB investigates scandal-ridden Wells Fargo…again Guy Rolnik: The last time we sat down for an interview was in 2011, right after the Occupy Wall Street protests began and the growing discontent of many Americans with the financial system came into prominence. What has changed since then?
08/19/17	Eliot Spitzer: The U.S. Never Had the Will and the Ability to Hold the Most Powerful to Account	Justiceleaguetaskforce.com	Eliot Spitzer: The U.S. Never Had the Will and the Ability to Hold the Most Powerful to Account Guy Rolnik: The last time we sat down for an interview was in 2011, right after the Occupy Wall Street protests began and the growing discontent of many Americans with the financial system came into prominence. What has changed since then?
08/18/17	NAKED REMIC TRUSTEES	Living Lies	NAKED REMIC TRUSTEES The Navarro case clearly explains the difference between a naked trustee who cannot sue or be sued in their own name and a real trustee who can. The answer is common sense — the trustee is naked if it is there in name only, like all REMIC Trustees where control, knowledge and accountability are removed from their “position” as trustee.
08/17/17	Partridge v. Nationstar Mortgage, LLC \| FL 2DCA	Justiceleaguetaskforce.com	Partridge v. Nationstar Mortgage, LLC \| FL 2DCA Unfortunately for Nationstar, it has not established “that it was the holder or nonholder in possession for purposes of standing
08/17/17	Tampa Bay homeowners sue JPMorgan Chase for billing on already-paid mortgages	Justiceleaguetaskforce.com	Tampa Bay homeowners sue JPMorgan Chase for billing on already-paid mortgages ST. PETERSBURG — Two Tampa Bay homeowners are suing JPMorgan Chase Bank for attempting to continue to collect on what they say were already-paid-off mortgages.
08/16/17	Neither God nor Rescission are Dead.	Living Lies	Neither God nor Rescission are Dead. Although there are numerous actions and decisions that call into question whether TILA Rescission is effective and if so, when, the answer is clear even in the 9th Circuit where there are some decisions and even
08/16/17	Identifying Ocwen Properly in Pleadings	Living Lies	Identifying Ocwen Properly in Pleadings Taken from a complaint filed by the CFPB, this should help those who want to sue Ocwen and want to make sure they are suing the right entity and making the correct allegations.
08/15/17	CA Supreme Court Clarified Title vs Sale Perfection	Living Lies	CA Supreme Court Clarified Title vs Sale Perfection Once again, the devil being in the details, the attempt to treat perfection of title and perfection of sale goes down in flames in an Unlawful Detainer action in California.
08/14/17	US Bank Loses Uncontested Foreclosure	Living Lies	US Bank Loses Uncontested Foreclosure U.S. Bank Trust, N.A. v. Monroe, 2017 WL 923326 (N.D.N.Y. March 8, 2017) This case is much more than a decision on diversity jurisdiction. The decision is important for that reason but even more substantively it lifts the hood over the “Trustees” of so-called REMIC Trusts.
08/11/17	What’s Keeping Foreclosures at Bay?	Dsnews.com	What’s Keeping Foreclosures at Bay? The tiny state of Massachusetts, particularly around Cape Cod, could be a solid microcosm for the state of foreclosures in late 2017...However, the filing of foreclosure deeds was up statewide nearly 7 percent in the state and up 300 percent on the Cape?? a sign, the Times wrote, “that the backlog of auctions was continuing to be resolved.”
08/11/17	The Fed Wants to Make Life Easier for Big-Bank Directors	Nytimes.com	The Fed Wants to Make Life Easier for Big-Bank Directors Amid reports Thursday that Stephen Sanger, chairman of the Wells Fargo board, may step down in the coming months, all eyes are on the bank’s directors and their oversight of the troubled institution.
08/11/17	New state program buys mortgages to avoid foreclosures	Newsday.com	New state program buys mortgages to avoid foreclosures ALBANY — The state is stepping in to help 203 Long Island households facing foreclosure in a new way to combat zombie properties, Gov. Andrew M. Cuomo announced.
08/10/17	Thousands of Mass. Homeowners Getting Refunds After Homeowners Insurance Settlement	WHDH.com	Thousands of Mass. Homeowners Getting Refunds After Homeowners Insurance Settlement Some Massachusetts homeowners were billed for property insurance they didn’t need. Now, thousands of residents are getting big payouts, and the Massachusetts Attorney General is warning other homeowners to be on guard.
08/10/17	PHH Agrees to Pay Over $74 Million to Resolve Alleged False Claims Act Liability Arising from Mortgage Lending	Stopforeclosurefraud.com	PHH Agrees to Pay Over $74 Million to Resolve Alleged False Claims Act Liability Arising from Mortgage Lending PHH Corp. PHH Mortgage Corp. and PHH Home Loans (collectively, PHH) have agreed to pay the United States $74,453,802 to resolve allegations that they violated the False Claims Act by knowingly originating and underwriting mortgage loans insured by the
08/10/17	Add your name: Wells Fargo must root out fraud and corruption	Living Lies	Add your name: Wells Fargo must root out fraud and corruption The John Chiang for California Governor is asking for a full, transparent investigation to fire executives responsible for the latest Wells Fargo scandals. At least he acknolwedged Wells Fargo is a criminal enterprise.
08/10/17	Blackstone Group profits from Stolen Middle Class Homes	Living Lies	Blackstone Group profits from Stolen Middle Class Homes Editor’s Note: Blackstone Group’s special relationship with banks and county recorder’s offices allowed them to buy blocks of illegally foreclosed homes for pennies on the dollar. A significant percentage of these homes purchased in the foreclosure crisis had fraudulent paperwork, forged signatures, and were “owned” by MERS.
08/09/17	Attorney Linda Tirelli Defines Robo-Signing For Clueless Steven Mnuchin	HuffPost	Attorney Linda Tirelli Defines Robo-Signing For Clueless Steven Mnuchin It seemed like the Treasury Secretary doth protest a bit too much as a Shakespearean drama unfolded at a July 27th meeting of the House Financial Services Subcommittee. Steven Mnuchin, like some wayward damsel in distress,
08/09/17	David Dayen at New Republic: Every day in America, somebody gets tossed out of a home based on false documents	Living Lies	David Dayen at New Republic: Every day in America, somebody gets tossed out of a home based on false documents Back in January, after Donald Trump had nominated Steven Mnuchin as treasury secretary, I uncovered a leaked document from the California attorney general’s office that showed OneWest Bank repeatedly broke foreclosure laws under Mnuchin’s six-year reign as CEO and then chairman.
08/09/17	David Dayen: Revoke Wells Fargo’s Bank Charter	Living Lies	David Dayen: Revoke Wells Fargo’s Bank Charter Last week Wells Fargo was caught forcing unwanted insurance on car loan borrowers. This week, they’ve been exposed profiting from a DIFFERENT kind of unwanted insurance: The latest inquiry, by officials at the Federal Reserve Bank of San Francisco, where the bank has its headquarters, involves a different, specialized type of insurance that is sold to consumers when they buy a car.
08/09/17	USDC Eastern PA: Prince v. BAC Home Loans Breach of Contract & RICO claim may proceed.	Living Lies	USDC Eastern PA: Prince v. BAC Home Loans Breach of Contract & RICO claim may proceed. Congratulations to Pennsylvania attorney Joshua Thomas. See order here: Prince v. BAC Home Loans Eastern PA 2017 08 Decision A Federal judge agreed to hear charges of wire fraud and other charges from a homeowner who complains that he suffered loss and other damages in connection with a loan in which “Citimae” and others were involved.
08/08/17	WELLS FARGO'S LYIN' CHEATIN' WAYS: BANKING WITH A SOCIOPATHIC INSTITUTION AND HOW TO LET GO	Occupy.com	WELLS FARGO'S LYIN' CHEATIN' WAYS: BANKING WITH A SOCIOPATHIC INSTITUTION AND HOW TO LET GO Are you facing serial cheating, abuse, lies, ongoing stress about money, issues of fidelity, questions about your future and are at a loss as to where to turn? Do you often feel angry, taken advantage of, less than, a voiceless victim? Did you put your trust and your nest egg,
08/08/17	Wells Fargo has ripped off Veterans, Auto Loan customers and Homeowners: The Feds do nothing.	Living Lies	Wells Fargo has ripped off Veterans, Auto Loan customers and Homeowners: The Feds do nothing. New legal challenges are piling up for Wells Fargo as the U.S. banking giant tries to rebuild trust with customers and investors after a scandal over millions of unauthorized accounts.
08/08/17	Fannie and Freddie foreclose on almost 16,000 homes in May, almost 4 million since 2008	Living Lies	Fannie and Freddie foreclose on almost 16,000 homes in May, almost 4 million since 2008 Editor’s Note: Fannie and Freddie have foreclosed on almost 4 million homes since the financial crisis of 2008. The GSEs typically can’t prove they own the loan if it was securitized between 1999 and 2014. Did you know that Fannie Mae and Freddie cannot accept a note that is not properly endorsed and assigned?

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