Daily News related to the Foreclosure Crisis

The biggest unpunished heist in human history - Max Keiser

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Mortgage Servicing Fraud
occurs post loan origination when mortgage servicers use false statements and book-keeping entries, fabricated assignments, forged signatures and utter counterfeit intangible Notes to take a homeowner's property and equity.
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11/30/19

Foreclosure + Corruption = Homelessness Snohomish County Reporter

Foreclosure + Corruption = Homelessness Take a drive along I-5 in Seattle and they’re everywhere. Tents. Throughout Washington, tens of thousands of people have been relegated to life on the streets, part of a nationwide epidemic in which 500,000 Americans are homeless.

11/30/19

TEN YEARS LATER … HAS YOUR DEFINITION OF “INSANITY” CHANGED YET? Clouded Titles Blog

TEN YEARS LATER … HAS YOUR DEFINITION OF “INSANITY” CHANGED YET? Who would have ever thought that me breaking my foot would steer me down a path of moral concern, that is, America’s foreclosure crisis based on phony documents?

11/29/19

Answering the Shell Game Living Lies

Answering the Shell Game Most of the questions I get come from lawyers and homeowners who are totally confused by the array of names of companies that appear, disappeared and replaced by lawyers operating under instructions from command central — a group of lawyers who

11/27/19

Stonehedge challenges foreclosure; hotel still taking reservations Lowell Sun

Stonehedge challenges foreclosure; hotel still taking reservations TYNGSBORO — With just a week before the Stonehedge Hotel and Spa is set to go up for foreclosure auction, the hotel’s owner is taking the mortgage lender, Lowell Five Bank, to court. Boston East Tyngsboro Holdings, LLC, the hotel’s parent corporation, filed a motion in Middlesex County Superior Court on Wednesday asking for a preliminary injunction to prevent the auction from going forward. The company also filed a civil complaint against the bank seeking damages and injunctive relief related to “breach of contract, unjust enrichment, breach of covenant of good faith and fair dealing, tortious interference with contract” and violations of consumer-protection laws under Massachusetts General Laws 93A.

11/27/19

Confronting the Games Played By Stockbrokers Through Their Attorneys in Foreclosures Living Lies

Confronting the Games Played By Stockbrokers Through Their Attorneys in Foreclosures The first order of business is to recognize two things — (1) that it is a stockbroker who is the actual party foreclosing the mortgage and (2) that the stockbroker is NOT seeking restitution for an unpaid debt — all of which means that it isn’t really a foreclosure.

11/26/19

New York Fed Adds $92.7 Billion to Markets Wall Street Journal

New York Fed Adds $92.7 Billion to Markets The Federal Reserve Bank of New York added $92.7 billion in temporary liquidity to the financial system on Tuesday.

11/26/19

Interesting NY Decision on Acceleration: U.S. Bank N.A. v. Gordon, 176 A.D.3d 1006 (2d Dept. 2019) Living Lies

Interesting NY Decision on Acceleration: U.S. Bank N.A. v. Gordon, 176 A.D.3d 1006 (2d Dept. 2019) “failure to pay this delinquency, plus additional payments and fees that may become due, will result in the acceleration of your Mortgage Note. Once acceleration has occurred, a foreclosure action . . . may be initiated.”

11/25/19

Navigating Foreclosure Court Our Time Press

Navigating Foreclosure Court Foreclosure Court is the last place a homeowner wants to be. And if you’re there, it would be best to have a foreclosure lawyer at your side.

11/25/19

Retainer Agreements Cast Doubt on Whether Law Firms Are Advocates or Are One of the Real Parties in Interest Living Lies

Retainer Agreements Cast Doubt on Whether Law Firms Are Advocates or Are One of the Real Parties in Interest I completely get how there is immunity for lawyers advocating even bad positions for their clients. Anything less would chill access to the courts. No arguments here.

11/24/19

Deval Patrick, Who Got Paid as Homeowners Lost Their Homes, Wants Democrats to Nominate Him for President The Daily Beast

Deval Patrick, Who Got Paid as Homeowners Lost Their Homes, Wants Democrats to Nominate Him for President Patrick was a rare Democrat among a small gang of moneymen—many of them close to Trump now—who cashed in when the economy crashed a decade ago.

11/23/19

Firm Successfully Argues Denial of Motion For Judgment on The Pleadings In Starkey v. Deutsche Bank, N.T. Co. Glenn Russell

Firm Successfully Argues Denial of Motion For Judgment on The Pleadings In Starkey v. Deutsche Bank, N.T. Co. Indeed, we wrote a blog post on the Firm's decade long defense of the Starkey residence this past January 2019 Firm Successfully Argues Denial of Further Appellate Review In Starkey v. Deutsche Bank, N.T. Co.

11/22/19

Going to Court Without a Lawyer Is New Normal for U.S. Litigants Bloomberg

Going to Court Without a Lawyer Is New Normal for U.S. Litigants Terry Winston knew the credit-card bills were nonsense, but her difficulty proving it in court shows how America’s two-tiered justice system -- one for those who can pay for a lawyer, the other for those who can’t -- has spread to civil litigation.

11/22/19

Foreclosure Defense: To BKR or not to BKR, here are the issues in Bankruptcy Living Lies

Foreclosure Defense: To BKR or not to BKR, here are the issues in Bankruptcy The bottom line is that Chapter 7, 11, or 13 bankruptcy can be effective tolls in defending against unlawful foreclosures, but hey are not magic bullets.

11/21/19

Flipping Fraud: Is It Really Any Different From What the Banks Are Doing? Living Lies

Flipping Fraud: Is It Really Any Different From What the Banks Are Doing? Hat tip to one of our readers and a frequent client of lendinglies.com. Flipping Fraud: the act of getting a deed executed in the name of someone who doesn’t own the property and then selling the deed to a third party.

11/20/19

CFPB Finally Clarifies Rules for “Originators” Living Lies

CFPB Finally Clarifies Rules for “Originators” The most important label used by stockbrokers (acting as “investment banks”) was to label a company as an “originator”. The term had no actual meaning.

11/20/19

Warren, Who Flipped Foreclosed Homes for Profit, Laments Lack of Affordable Housing Free Beacon

Warren, Who Flipped Foreclosed Homes for Profit, Laments Lack of Affordable Housing Sen. Elizabeth Warren (D., Mass.), who previously bought foreclosed properties to turn a quick profit, lamented the lack of affordable housing during Wednesday's presidential primary debate.

11/20/19

Appellate Court Tells CitiMortgage It Can’t Force “Repurchase” Of What No Longer Exists National Law Review

Appellate Court Tells CitiMortgage It Can’t Force “Repurchase” Of What No Longer Exists A recent decision by the United States Court of Appeals for the Eighth Circuit offers some vindication for mortgage companies still facing “repurchase” demands made by the banks to which they sold residential mortgages in the years leading up to the financial crisis

11/20/19

CFPB to consider changing or eliminating TRID rule Housing Wire

CFPB to consider changing or eliminating TRID rule The Consumer Financial Protection Bureau has been taking a long, hard look at some of the rules and regulations it has in place.

11/19/19

FHFA issuing new rules on allowing Fannie Mae, Freddie Mac to rebuild capital Housing Wire

FHFA issuing new rules on allowing Fannie Mae, Freddie Mac to rebuild capital In 2018, the Federal Housing Finance Agency proposed a rule to implement new capital requirements for Fannie Mae and Freddie Mac.

11/19/19

MERS is Probably an Offshore Operation Living Lies

MERS is Probably an Offshore Operation Just an observation based upon current information. MERS was acquired in 2008 by Intercontinental Exchange (ICE), a former Enron competitor. As its name implies

11/19/19

Ocwen on the Hot Seat — Again Living Lies

Ocwen on the Hot Seat — Again Ocwen has repeatedly made mistakes and taken shortcuts at every stage of the mortgage servicing process, costing some consumers money and others their homes,” CFPB Director said in a statement.

11/18/19

Trump’s Bank Regulators Open the Door to More Predatory Lending The American Prospect

Trump’s Bank Regulators Open the Door to More Predatory Lending A new proposed rule would allow ‘rent-a-bank’ schemes that could permit unlimited interest rates on loans as long as they come via a chartered bank.

11/18/19

CFPB Lightens Requirements for Temporary LO License Mortgage News Daily

CFPB Lightens Requirements for Temporary LO License The Consumer Financial Protection Bureau (CFPB) has issued an Interpretive Rule for one type of loan originator licensing.

11/18/19

To Appeal or Not To Appeal — What was the Question? Living Lies

To Appeal or Not To Appeal — What was the Question? Making a mistake is not appealable unto itself. You must show that the error caused an improper decision. And by “improper” I mean that there is no way under existing law that the decision was based upon the law or

11/15/19

And for the Curious — MERS is a Trademark of Bank of America Living Lies

And for the Curious — MERS is a Trademark of Bank of America So much for being an independent private title registry It’s all smoke and mirrors. And an interested reader and client sent me this:

11/18/19

The Fed is buying billions of mortgage bonds — here’s why it matters Marketwatch

The Fed is buying billions of mortgage bonds — here’s why it matters The Federal Reserve has dramatically picked up the pace of its mortgage bond purchases in recent months as it seeks to keep the housing finance market on an even keel as borrowers race to refinance.

11/15/19

Why Are All the Documents Fake in foreclosures? Living Lies

Why Are All the Documents Fake in foreclosures? The problem that most pro se litigants and foreclosure defense lawyers have, as will be discussed in part on Thursday’s radio show with Patrick Giunta, is that most people fail to understand and therefore fail to plead and prove the nuanced difference between “the debt doesn’t exist” and “this foreclosure proceeding is a sham.”

11/14/19

Army vet sues mortgage lender to stop foreclosure on East Lynn farm WV Record

Army vet sues mortgage lender to stop foreclosure on East Lynn farm WAYNE – A U.S. Army Iraq War Veteran is suing Carrington Mortgage over allegations it refused to offer him mortgage loan assistance and filed for foreclosure on his East Lynn farm where he and his son live after his estranged wife emptied their bank account. Travis Blankenship filed a complaint in Wayne Circuit Court against Carrington Mortgage Services LLC alleging illegal debt collection, misrepresentations in debt collection, unconscionable conduct in debt collection and breach of contract.

11/13/19

Help renewed for Hoosiers facing loss of their home The Indiana Lawyer

Help renewed for Hoosiers facing loss of their home Although the housing crisis that spurred the Great Recession has faded, some homeowners are still facing financial distress, and housing counselors worry another wave of mortgage foreclosures could be coming.

11/13/19

Foreclosure Scams Work Both Ways Living Lies

Foreclosure Scams Work Both Ways While the mainstream media concentrates on predators who promise false hope to homeowners in distress and who actually distract homeowners from asserting real defenses, reporters fail to mention

11/12/19

Dancing with ghosts. The banks have no shame in contradicting themselves Living Lies

Dancing with ghosts. The banks have no shame in contradicting themselves The bottom line is that foreclosures are all about collecting on unpaid debt. The only party who can initiate foreclosure proceedings that will force the sale of title to the home and then forcibly dispossess the homeowner is a party who

11/11/19

The danger of submitting a hardship letter. See a lawyer!!! Living Lies

The danger of submitting a hardship letter. See a lawyer!!! It is strongly advised by most attorneys that when submitting any statement or reply to any company posing as a mortgage servicer or lender that where it is appropropriate

11/10/19

U.S. Bank v. Ibanez Part II Update November 10, 2019 Glenn Russell

U.S. Bank v. Ibanez Part II Update November 10, 2019 In the Second Act of U.S. Bank v. Ibanez, and over a decade since this matter began, the Land Court Issued It's Opinion on May 17, 2019 in LaRace v. Wells Fargo Bank, N.A., Ca. No. 18MISC00327, Granting Wells Fargo Bank N.A., as Trustee, et. al Motion For Summary Judgment.

11/08/19

Former Attorney Mark Stopa Exposes Foreclosure Court Issues PM Tampa Bay

Former Attorney Mark Stopa Exposes Foreclosure Court Issues Ryan, Morgan, and Felix talk to former Pinellas County attorney Mark Stopa about his disbarment and allegations he makes in a new book about how foreclosure cases are handled in Florida.

11/07/19

Court Erases Miami-Dade Judge Butchko's Order in US Bank Foreclosure Daily Business Review

Court Erases Miami-Dade Judge Butchko's Order in US Bank Foreclosure An unsigned appellate court decision erased Miami-Dade Circuit Judge Beatrice Butchko’s move to sanction U.S. Bank N.A. after she found discovery violations in a foreclosure case.

11/07/19

WHEN JUDGES LISTEN … AND WHEN THEY DON’T! Clouded Titles Blog

WHEN JUDGES LISTEN … AND WHEN THEY DON’T! Notice the above Defendants? It should be well-decided among the legal community that suing MERS is fruitless, but people still listen to these half-baled arguments that MERS knew or should have known.

11/06/19

Dangerous Liaisons: New York Fed and JPMorgan’s Incestuous Relationship Wall Street On Parade

Dangerous Liaisons: New York Fed and JPMorgan’s Incestuous Relationship The Federal Reserve Bank of New York (New York Fed) is just one of the 12 regional Federal Reserve banks around the country. But it has amassed

11/06/19

Just in case you thought it was negligence…. Living Lies

Just in case you thought it was negligence…. From an avid reader and investigator, the wording below is from an exhibit in litigation that was (of course) dismissed that shows that Wells Fargo managers were specifically instructing their subordinates who talk or correspondent with borrowers on what to say and what not to say.

11/06/19

FANNIE, FREDDIE AND MERS: RECIPE FOR COLLUSION TO SCREW AMERICA! Clouded Titles Blog

FANNIE, FREDDIE AND MERS: RECIPE FOR COLLUSION TO SCREW AMERICA! There has been a recent unveiling of sorts that discusses the conflict between the two GSE’s (government-sponsored entities) and MERS, which clearly shows who in fact spearheaded the push to turn the secondary residential mortgage market into a lying, conniving, deceiving .

11/06/19

THEY ARE BACK! “NON-QUALIFIED LOANS” REPLACE THE LABEL OF SUBPRIME — WHY WOULD ANYONE WANT TO INCREASE THEIR RISK? Living Lies

THEY ARE BACK! “NON-QUALIFIED LOANS” REPLACE THE LABEL OF SUBPRIME — WHY WOULD ANYONE WANT TO INCREASE THEIR RISK? Before the era of securitization, the only reason for making riskier loans was that the lender could charge a premium for borrowing — a premium that would cover the higher cost associated with defaulting loans. Now the reason is that...

11/06/19

Foreclosure lawyer disbarred for 'loudly lecturing' judge and keeping settlement offers secret ABA Journal

Foreclosure lawyer disbarred for 'loudly lecturing' judge and keeping settlement offers secret Updated: A Florida foreclosure lawyer has lost his law license for his belligerent conduct in the courtroom and his failure to communicate settlement offers with two clients, including a woman who nearly lost her home because of his conduct.

11/05/19

New Case Makes Foreclosing Easier for Banks Bruce Jacobs

New Case Makes Foreclosing Easier for Banks Although the foreclosure crisis seems to be behind us, and although the number of foreclosures filed is lower than it was at the height of the crisis, there are still plenty of cases working their way through our court system.

11/05/19

Capitalism is Not Failing Living Lies

Capitalism is Not Failing Citing “capitalism” as a defense no assassin would be set free because he killed for money. Nobody in their right mind would accept a defense of capitalism for someone who robbed, poisoned, shot, stabbed, or stole from a person or company if the defense was “I did it for the money.” That’s not capitalism. It’s robbery, assault, murder or theft.

11/04/19

CFLA Moves to Dismiss CFPB Complaint & Attack the Constitutionality of the CFPB & its Director CFLA

CFLA Moves to Dismiss CFPB Complaint & Attack the Constitutionality of the CFPB & its Director For immediate release: CFLA filed a Motion to Dismiss Under Federal Rules of Civil procedure Rule 12(B)(6) for "failure to state a claim upon which relief can be granted,

11/04/19

FHFA asks for input on Fannie, Freddie UMBS pooling practices Housing Wire

FHFA asks for input on Fannie, Freddie UMBS pooling practices The Federal Housing Finance Agency is requesting input on Fannie Mae’s and Freddie Mac’s pooling practices for the formation of To-Be-Announced-eligible Uniform Mortgage-Backed Securities.

11/04/19

Ethical Violations by Florida Judges Harm Florida Homeowners Mark Stopa

Ethical Violations by Florida Judges Harm Florida Homeowners TAMPA, Fla., Nov. 4, 2019 /PRNewswire/ -- In the aftermath of the Great Recession, two million Floridians lost their homes to foreclosure. A new book, People v Money from Incredible Publishing, says that those homeowners have reasons to blame the judges who ruled against them.

11/03/19

(Updated 11/3/19) Firm Files Appeal Examining The Application of The Obsolete Mortgage Statute (G.L. c. 260 Sec. 33) To The Acceleration Date of The Note In Nims v. The Bank of N.Y. Mellon, et. al 2019-P-0179 Glenn Russell

(Updated 11/3/19) Firm Files Appeal Examining The Application of The Obsolete Mortgage Statute (G.L. c. 260 Sec. 33) To The Acceleration Date of The Note In Nims v. The Bank of N.Y. Mellon, et. al 2019-P-0179
The few cases advanced by borrowers seeking the use of this statute in defense of foreclosure have focused solely on the wording of the statute

11/01/19

Reversing the Paradigm: How Borrowers Might Make Money From Mortgages and Even Foreclosures Living Lies

Reversing the Paradigm: How Borrowers Might Make Money From Mortgages and Even Foreclosures Take a step back and then look at this situation from a wider perspective. * Understand that the real deal was the issuance of multiple levels of securities made possible by investors putting up money and borrowers signing their name.

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