Short and Simple:
HSBC Bank v. Gilbert
The plaintiff failed to demonstrate its prima facie entitlement to judgment as a matter of law, because it did not eliminate triable issues of fact regarding whether it had standing as the lawful holder or assignee of the subject note on the date it commenced the action.
Appellate Court Orders Surplus Funds to Homeowner
The circuit court ordered the surplus to be disbursed to Wells Fargo, and the Devers appealed. We reverse and remand for the circuit court to order the surplus disbursed to the Devers.
Victory on Appeal – "Lack of Prosecution"
Florida’s Fifth District Court of Appeal just reversed a Final Judgment of Foreclosure because the trial court improperly denied a motion to dismiss for lack of prosecution.
Garcia v. BAC Home Loan
Bank of America Papers Show Conflict and
Trickery in Mortgages

One Bank of America employee describes trying to “trick” a system that screened mortgages that the Federal Housing Administration agreed to insure. When using this system, Bank of America sometimes changed an applicant’s financial information and resubmitted the loan many times to try for approval. In at least one case, a Bank of America underwriter tried to pass the F.H.A. screening more than 40 times, according to the documents. In other cases, “underwriters regularly changed the relevant data and resubmitted the loans more than 20 times,” the documents said.
Retired Police Officer Files Motion to Vacate Void Order Alleging Judicial Corruption in Dallas Court
LNV v. BREITLING
A judicial order that grants LNV permission to deprive us of our property when the judge issuing that judgment has not even read our pleadings, and when no credible witness has testified, when no discovery has been permitted, and when we were intentionally denied a continuance to obtain another attorney and thereby forced to proceed pro-se is a gross violation of our right to due process.
Homeowner can sue for Mod-Fraud
Alvarez v. BACHLS
The court concluded that plaintiffs have alleged a cause of action for fraud against defendants where the complaint alleged that the loan documents concealed the terms of plaintiffs' loans and plaintiffs have alleged facts establishing defendants' liability for the alleged fraud.
Knecht Trilogy: Court Rules Majority of Claims
to be Resolved at Trial

MERS Falsely Declared Itself the Beneficiary of Mr. Knecht’s Deed of Trust, and Purported to Convey to DB Rights MERS Never Held.
Knecht v. Fidelity Title
From its inception, Mr. Knecht’s deed of trust ran afoul of the Deed of Trust Act by designating MERS as its beneficiary. The Act declares that the beneficiary of a deed of trust is “the holder of the instrument or document evidencing the obligations secured by the deed of trust .
Time to Get Serious About RESPA/TILA Compliance
*First Tier Penalties - $5,000 per day.
*Second Tier Penalties - for reckless engagement in violations, $25,000 per day.
*Third Tier Penalties - for knowing violation, maximum penalty of $1,000,000 per day.
Officers, directors and employees of non-compliant lenders also face cease and desist orders as well as a prohibition from recovering fines and penalties from insurance; a prohibition from offsetting borrower claims with amounts paid for penalties; and other monetary damages as well as restitution, rescission, reformation of contracts, refunds, and return of compensation.
BUSTED!
Ex A.G.s Mark Shurtleff, John Swallow face civil lawsuit over Bank of America case
"We knew what Bank of America did was wrong in leading my brother and other homeowners into default," Kevin McBride said. "But the whole connection between the attorney general giving protection for that kind of activity never became clear until the criminal case was filed just a few weeks ago." Shurtleff and Swallow personally benefitted from their involvement in the case at the expense of Utah homeowners, including the McBrides, whose houses Bank of America had foreclosed on. The couple says the bank forced them into default as a condition of modifying their loan and then tried to take their home.
Some felony charges against Shurtleff and Swallow, including receiving or soliciting a bribe and accepting gifts when prohibited by law, are connected to the Bank of America case.
2010 REPLAY: Dismissed with prejudice for FRAUD...
JPMorgan Brings Foreclosure Case In Mortgage In Which It Was Just A Servicer, Court Finds Bank Committed Fraud
Here the Judge got really angry: "The court finds WAMU, with the assistance of its previous counsel, Shapiro and Fishman, submitted the assignment when [they] knew that only Fannie Mae was entitled to foreclose on the Mortgage, and that WAMU never owned or held the note and Mortgage." And, oops, "the Court finds by clear and convincing evidence that WAMU, Chase and Shapiro & Fishman committed fraud on this Court" and that these "acts committed by WAMU, Chase and Shapiro amount to a "knowing deception intended to prevent the defendants from discovery essential to defending the claim" and are therefore fraud.
JPMORGAN CHASE v.POCOPANNI
Dust off the pitchforks - Home Foreclosure racket continues
Not only did the original mortgage holder get back all its money from the loan, plus all missed payments, out of pocket expenses and various generous fees, it also made a very respectable profit on the convoluted but perfectly 'legal' slight of hand. All paid for by you -- the US tax-payer.

Our sham of a democracy has been hijacked by a political mafia and its corporate paymasters. Changing President or the control of Congress will not stop this and other corporate rackets. Voters need to start asking some serious questions of potential candidates for the 2016 elections unless they wish to keep subsidizing the financial losses of the establishment. Alternatively, they can just dust off their pitchforks.
Court reversed the judgment as to the fraud, unfair competition and negligence causes of action.
ALVAREZ v. BAC Home Loan Servicing
Although poorly drafted, we agree that potentially meritorious claims can be distilled from the allegations of the complaint.

Another Texas Win in First District
BRUESS v. RESIDENTIAL CREDIT SOLUTIONS
In one issue, the Bruesses argue that the trial court erred in granting judgment because (1) neither of them signed the settlement agreement, (2) they withdrew their consent before judgment was entered, preventing judgment on a motion to enforce, (3) dismissal of their claims with prejudice had no basis in law, and (4) the settlement agreement mandated that any disputes would be resolved by returning to mediation, not a judgment.
HAMP Load Mod Scandal: Bankers did not act in good faith
US Bank N.A. v Sarmiento
The court granted the motion of the defendant Jose Sarmiento to bar the plaintiff from collecting interest or fees that accrued on the subject loan since December 1, 2009, to bar the plaintiff from recovering from him any costs or attorneys' fees it incurred in this action.
From the New York Law Journal:
Panel Addresses 'Bad Faith' in Foreclosure Negotiations
Fuster said the ruling gave borrowers "a sword against the lenders and they can use it immediately."
Copies of documents Not good enough to get a free house
Bank of America v. Smith
- Bank of America has cited no case law in support of its proposition that a photocopy of a promissory note is self-authenticating when no evidence has been presented that it is a true and accurate copy.
- R.C. 1301.307 addresses the authentication of entire documents, and that statute is limited to certain document types, of which a photocopied promissory note is not one.
- We must reverse the decision of the trial court granting summary judgment in favor of Bank of America.
Concurring Opinion: It is fundamental that “[d]ocuments that have not been sworn, certified, or authenticated by way of affidavit ‘have no evidentiary value.’ ” Simply attaching the note and mortgage to the complaint does not make them proper for consideration on summary judgment.
(Violation of CPA and DOT Act claims are now going to trial.)
Recording of False or Deceptive Documents
BofA argue that they did not record any "false" or "deceptive" documents. The Washington Supreme Court has held that "characterizing MERS as the beneficiary has the capacity to deceive", and such a characterization presumptively satisfies the unfair act or practice element of a CPA claim. Here, certain documents, such as the Appointment of Successor Trustee, characterize MERS as the beneficiary of the Deed of Trust. Thus, the act of recording that document presumptively satisfies the first CPA element.
NIEUWEJAAR v. BANK OF AMERICA

Notaries, Attorneys and Judges who witness the crimes
and cover them up are GUILTY...

Misprision can lead to prison
Knowing about a crime and not reporting it is just about as bad as actually committing one. The official term for this act is misprision, or the failure to report a known felony to authorities even though the person reporting the offense is not directly involved.
18 USC-4: Misprision of Felony

Unlawful Notary is a Felony
Ms. Hagan was also prosecuted criminally by the Attorney General’s office and eventually pled guilty to a third class felony for tampering with public records. A California notary public pled guilty to a felony violation of Penal Code Section 115, offering a forged instrument to be registered in a public office within the state, and Penal Code Section 118, for perjury.
Another pro se wins reversal
New Mexico Court of Appeals:
"We agree with homeowner and Reverse."

BONY v. Lopes
A note with an undated indorsement in blank, which was not produced at the time the complaint was filed, but only at trial, was insufficient to establish a bank's standing to foreclose.
Pro se wins reversal of breach of contract claim in JPMorgan's patterned loan mod scam.
Topchian v. JPMorgan
Our holding should not be read as imposing any sweeping duty upon district courts to devise legal theories for pro se plaintiffs. Rather, a complaint should be found to raise a claim only “if the essence of an allegation is discernable, even though it is not pleaded with legal nicety[.]” Stone, 364 F.3d at 915. Here, the essence of Topchian’s breach of contract claim was discernable because he attached the Agreement—a contract—to his pleadings and alleged that Chase had not complied with that contract.
Fair v. Kaufman (1994)
(h/t Matt Weidner) On appeal appellant argues, inter alia, the final judgment of foreclosure must be reversed because the appellees did not introduce into evidence the original note and mortgage.
We agree and reverse.
Texas First Circuit COA
Deutsche Bank to pay costs and SJ Reversed
Vasquez v. Deutsche Bank
The Opinion and Appellant's Brief
Deutsche’s void deed assignment places a cloud on Vasquez’s title.That cloud does not require Vasquez to establish the superiority of her claim despite Deutshce’s contention. Rather the law requires her to establish her interest in the property, that her title to the property is affected by a claim by the defendant, and the claim, although facially valid, is invalid or unenforceable.
Delaware Judge Faults Ocwen for Pushing Homeowners to Bankruptcy
The Williams were never materially behind on their mortgage payments, the judge said, but they were pushed into bankruptcy to keep Ocwen from taking their home in foreclosure.
Williams v. Ocwen

The biggest investment most Americans will make is now the target of the biggest 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 to in every brief.
FORECLOSURES SKYROCKET
Not a single family who had their house illegally seized by the banks were returned to their home.
FORGED SIGNATURE WIPES OUT MORTGAGE


Max Gardner's Dirty Dozen Rules for Ownership of the Mortgage Note
WHEN ATTORNEYS FIGHT
JUDICIAL CORRUPTION

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!

Max Gardner's Top Tips for
Fake Mortgage Documents

Homeowner Suffers Horrific Injustice
at the Hands of JPMorgan Chase

QUIET TITLE ACTIONS - PART I & II


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


FORECLOSUREGATE: It's FRAUD




HOW TO FIGHT TO SAVE YOUR HOME


Mortgage Banking Licensee List - Servicers Only


UNBELIEVABLE FORECLOSURE STORY!


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


WHO CAN LEGALLY ENFORCE A MORTGAGE AFTER A “LANDMARK” CASE?


Finding the Fraud in the Loan Documents

The GSE Business Model is FATALLY Flawed


DOUBLE FUNDING, FABRICATION OF DOCUMENTS AND FORGERY OF SIGNATURES REVEALED


Basic Foreclosure Litigation Defense Manual


FORECLOSURE DEFENSE 101


HOW THE FBI BLEW IT


The Banks and Our Government continue to cover up the FRAUD


SHOW SOME OF THAT GOOD OLD AMERICAN OUTRAGE!: DON’T LEAVE YOUR HOME, STOP BLAMING YOURSELF FOR WHAT YOU DIDN’T DO, AND TAKE RESPONSIBILITY FOR WHAT YOU CAN DO — KEEP YOUR HOME!!!


Federal Reserve is a Ponzi scheme.


Read This If You Are Facing Foreclosure




» MERS has Destroyed the Chain of Title in America

» U.S. Bank Admits MERS Does NOT Have Authority to Assign Note

» States Fight Back Against MERS Foreclosure Fraud

» Merscorp Lacks Right to Transfer Mortgages, Judge Says

» New York continues assault on MERS

» WHEN IS FORECLOSURE THEFT?
WHEN THE MORTGAGE IS RECORDED AT 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

» EXCELLENT MERS ANALYSIS: ILLEGAL SCHEME TO AVOID/EVADE STATE LAW, TAXES, FEES, FINES, PENALTIES

» 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

» ABUSIVE LENDERS AND BROKERAGES THAT FINANCE THEIR DEALS

» 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?

» BRINGING DOWN BEAR STEARNS

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

» SCHUMER

» 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

» UNITED STATES SECURITIES AND EXCHANGE COMMISSION BEING CHARGED WITH NEGLIGENCE IN MORTGAGE INDUSTRY

» 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

» NIGHTMARE MORTGAGES

» FANNIE MAE FACADE

     - 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.


YOU ARE NOT ALONE!





WAMU Securitized Faulty Loans


Robo-signed mortgage docs date back to late 1990s


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


It is well enough that people of the nation do not understand our banking and monetary system, for if they did, I believe there would be a revolution before tomorrow morning. Henry Ford - 1922









"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."

2002 WL 1586325 (Bankr.D.Mass.- 2002)

The arbitrator found EMC's conduct "reprehensible and outrageous and in total disregard of (the Starks') legal rights."

(Kansas City Star -2004)

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.

J