Wells Fargo foreclosed on the family home despite the accidental death insurance policy the bank sold his father along with the mortgage – conduct an Albuquerque judge said was so "shocking" and “highly reprehensible” she slapped the company with a judgment awarding the Dollens estate $2.7 million in punitive damages.
Our highest court will be the next stop for a lawsuit that accuses some of the country’s largest banks and mortgage firms of plotting to avoid filing real estate transactions in Louisiana parish clerk of court offices, costing the clerks tens of millions of dollars in fee revenue.
JPMorgan admitted that for more than a decade it submitted thousands of mortgages for insurance by the FHA or the Department of Veterans Affairs that did not qualify for government guarantees.
Who Is Included in the Settlement Class?
The Settlement Class consists of all borrowers in the United States who, between January 1, 2008 and October 4, 2013, were charged by the Chase Defendants as insureds or additional insureds under a hazard lender-placed insurance.
We all know that consumers continue to suffer gross abuses at the hands of the banks and a court system which has largely reached the conclusion that banks must be rewarded with Final Judgments of Foreclosure no matter what the facts.
Petition in Rodriguez v. BONY
According to the indictment, the defendants targeted financially distressed homeowners facing foreclosure, falsely promised them help in saving their homes, engaged in real estate transactions with straw purchasers, and obtained dozens of fraudulent mortgages. The defendants took whatever equity the homeowner had left, funneled it through various shell corporations they controlled, used some of it to pay the new mortgages, and kept the rest.
New York’s superintendent of financial services, said his office had received “hundreds of complaints from New York consumers” about problems related to Nationstar’s mortgage modifications, improper fees and lost paperwork.
MERS assigned the mortgage to HSB in 2009 - and again in 2011.
Citizens have lost their right to due process as 96% of all foreclosures go uncontested because of forged documents. IT MUST STOP! "The integrity of land title records and the rights of the public now hang in the balance. It’s time to occupy the Recorders office. We need to identify and develop our own candidates to challenge bank-owned incumbents."
Mr. Rosenberg draws parallels between his situation and the homeowners who lost their houses through foreclosure: “When you compare it to the mortgage business, it’s exactly the same issue. The little guy that owns a mortgage and has been assigned to a million different people and nobody knows who the debt is really due to, can’t afford to go fight it.”
The bank privately approached his lawyers and offered to pay their fees if they would stop representing him.
More on Glaski
A California Supreme Court decision could help more than a million people keep their homes after a breakthrough ruling on home foreclosures. THIS ruling helps the victims - not the criminals.
JPM admits that it was NOT the “successor in interest” to WaMu, and that it only purchased certain defined assets and liabilities. This admission, of course, is in direct contradiction to the position taken by JPM in thousands of foreclosures nationally where it asserts that it is the “successor in interest” to WaMu.
Each a Fraud
This article was sent to MSfraud in 2003, but we were asked to keep it confidential until today. It was used in part during closing arguments in the 2005 Davis trial. "The Ocwen Story", linked at the bottom, reports on the Davis trial: The $11.5 million dollar verdict on a $31,000 loan.
CA law firms, including United Law Center, helped fight depublication.
"We're ecstatic about the Calif. Supreme Court's decision. It's yet another indication of the direction in which the law is turning directly in favor of California homeowners. - United Law Center
US BANK was found liable for ACTUAL fraud on Feb 7, and the jury awarded $6 million in punitive damages, because their actions were heinous and malicious. The federal government now has PROOF of the fraud, and they want to throw the homeowner in prison. Retaliation?
Judge rules that a phony offer of a loan modification constitutes a cause of action for fraud and breach of contract.
(Robo-testifiers and the Myth of Trustworthy Bank Records)
The greatest threat to due process in foreclosure litigation since the days of robo-signing is at full tilt in courtrooms across the state. While the nation was appalled at the discovery that financial institutions were regularly foreclosing on homes with summary judgment affidavits that were not based on personal knowledge, it has taken little notice of the fact that this same flippant disregard of the Rules of Evidence has simply moved into the courtroom by Robo-Testifiers.
If inquiry into Ocwen’s practices ever makes its way down to the nitty-gritty, the question may arise as to why Ocwen loses so many important loan documents. A visit (online or in person) to the Recorder of Deeds offices in almost any county in the country, to the Affidavits section in particular, reveals that most of the Lost Note Affidavits and Lost Assignment Affidavits are filed by Ocwen.
Bank of America's Shell Game
Bank of America’s authentication argument does not address what Bank of America seeks to prove – possession of the note. Assuming without deciding that a copy of a note attached to a complaint is self-authenticating under § 909.02(9), the copy of the note is self-authenticating only as to what the document purports to be. See WIS. STAT. § 909.02. Nothing in the document demonstrates that Bank of America has possession of the original note.
The New Mexico Senate has passed a memorial that calls for a creation of a task force to develop a set of recommendations to the legislature on how to avoid the issue of improper home foreclosures.
seems to appear at the epicenter of it all.
and what lies ahead for us
The truth is that we’ve been living under a giant Ponzi scheme and we, the American citizens, are the suckers.
Too much to highlight in this one.
"We reverse the Court of Appeals and district court and remand to the district court with instructions to vacate its foreclosure judgment and to dismiss the Bank of New York’s foreclosure action for lack of standing." How did this ever get past the trial court?
Did those recent mortgage relief settlements indicate that Ocwen truly recognized the error of its ways, and was taking the proper measures to correct the situation?” The Dwight’s Story would certainly seem to suggest that it hasn’t; and the Dwight foreclosure is about to expose it.
Ocwen demonstrated a pattern of holding onto their monthly mortgage payment, made on time, until after their grace period expired, resulting in unwarranted late fees being assessed. Over the years, this form of misconduct, which we generally label “Servicing Fraud”, caused the Dwights to have thousands of dollars of unjustified charges being tacked onto their loan balance. Being unable to get this situation straightened out, the Dwight’s eventually stopped paying on their mortgage, waiting for the eventual foreclosure shoe to drop. That happened just last week.
Original Decision in Stauffer is now the law in Arizona
FOUR YEAR OLD FORECLOSURE and SALE - VOID
Judge Bowden acknowledged that this case was like most; “convoluted in the minefield” that is the Mortgage Electronic Registration System (MERS) system. The evidence presented by the homeowner showed that “MERS was never the owner or holder of the note.”
Neil Garfield, property rights attorney commented that MERS “is the electronic smokescreen that allowed banks to build their securitization Ponzi scheme without worrying about details like ownership and chain of title.” Garfield said: “Properties were sold to multiple investors or conveyed to empty trusts, subprime securities were endorsed as triple A, and banks earned up to 40 times what they could earn on a paying loan, using credit default swaps in which they bet the loan would go into default.
Bradburn v. ReconTrust
In a per curiam decision which vacated the lower court’s dismissal of a consumer class action under the federal Fair Debt Collection Practices Act (FDCPA), the U.S. Court of Appeals for the Fourth Circuit, in a case of first impression in that circuit, found that debt collection notices violate the FDCPA if they require consumers’ disputes of the validity of debts to be in writing.
Clark v. Absolute Collection Service, Incorporated
This decision is further evidence of the evolution of the recent body of case law nationally which is consistently permitting homeowners to challenge assignments. The decisions in Horace (Alabama), Hendricks (Michigan), Williams (Hawaii), Johnson, Naranjo, and Glaski (California), Erobobo (New York), Saldivar (Texas), and the recent Cosajay decision from the Rhode Island Federal court demonstrate where the law is heading on this issue.
Richard Talley, 57, founder of American Title Services in Centennial, Colorado, was found dead in his home on Tuesday with up to eight wounds to the torso and head. His company was being investigated by state insurance regulators at the time of Mr Talley's suicide.
"These allegations, if proven, could establish that the mortgage was not validly assigned, and, therefore, Aurora did not have the authority to foreclose on the property." This is a victory for homeowners. Rhode Island has been one of the hardest places for borrowers to get a favorable decision. The Rhode Island Supreme Court reversed a 12(b)(6) motion to dismiss in favor of MERS. The decision involves issues of standing and authority to assign the note and mortgage. The issues are relevant in every state.
Play this before a jury.
Lynn is suing 22 companies for allegedly filing fraudulent mortgage documents with the Department of Housing and Urban Development.
Checks issued as part of the Independent Foreclosure Review Payment Agreement expire 90 days after they are issued as a means to limit fraud. If your check has expired and you would like to have the check reissued, please contact the paying agent, Rust Consulting, at 1-888-952-9105, Monday through Friday, 8 a.m. - 10 p.m. ET or Saturday, 8 a.m. - 5 p.m. ET.
"The Steinberger court recognized that the point of listing securitization facts is to establish a timeline that may show that the transfers in a purported chain of title cannot be true, if the note was in fact transferred to a securitization trust by a set closing date. This is relevant to the beneficiary’s claimed authority, not an attempt for the homeowner to be claiming rights or enforcement under the third party securitization documents.
– With Ties to Wall Street Investigations
In a span of four days last week, two current executives and one recently retired top ranking executive of major financial firms were found dead. Both media and police have been quick to label the deaths as likely suicides. Missing from the reports is the salient fact that all three of the financial firms the executives worked for are under investigation for potentially serious financial fraud.
Here we go! It finally happened.
‘We were shocked’ to learn of robo-signing.
The Maine Board of Overseers of the Bar said in closing arguments that Drummond and Drummond needed to file formal motions in each of the cases to make sure judges were notified of the robo-signing problem and not just the clerks. “They failed to appreciate, and should have appreciated, the evidentiary bomb that was presented to them,” Eee said. “They did not take the problem seriously.
A dishonest notary can corrupt the chain of title of real property with a void deed by falsely notarizing the forged signature of the grantor. If the forged deed goes undetected for 6 years or more from the date of the forgery, then the statute of limitations bars any civil claims against that dishonest notary. Since the void deed conveys no title, the post 6 year grantee not only acquires no title to the property, but he or she has no legal recourse against the crooked notary. However, title insurance will usually cover the grantee’s loss.
The Arizona Court of Appeals trashed lenders and Robo-signers today. Took the court 20 months to do it right!
The Consumer Financial Protection Bureau has begun proceedings against PHH Corporation for its involvement in a 15-year-long mortgage insurance kickback scheme that collected hundreds of millions of dollars from homeowners since 1995
This ruling was a significant win for homeowners who had long sought to hold mortgage servicing companies accountable for fraudulent, unfair, and deceptive conduct when reviewing people for and negotiating loan modifications. The ruling was also a watershed moment for homeowners since most of the case law prior to this ruling found that banks could never be held liable for negligence in the loan modification context—no matter how egregious their conduct.
On February 14, 2014, the United States Court of Appeals for the Ninth Circuit will hear oral arguments in what may be the most significant mortgage foreclosure case since the California Court of Appeal, Fifth Appellate District, decided Glaski v Bank of America last summer.
The courts also concluded that Congress, in providing the tax exemptions to Fannie Mae and Freddie Mac, acted within its Commerce Clause power. We agree with the district courts, as explained herein, and affirm.
Taking money from innocent homeowners victimized by the subprime mortgage crisis to pay for indigent defense is not justice.
Plaintiff also alleged that defendants have a pattern and practice of inducing homeowners like her into entering into modification agreements “with the intent of ‘grabbing’ as much cash as possible and then foreclosing on borrowers, like Plaintiff” even though they are current or not otherwise in default. We have concluded that plaintiff has adequately alleged a basis for relief on the theory that she was not in default at the time of the foreclosure based on the documents cognizable on review of the demurrer. The trial court erred in sustaining the demurrer to this theory of plaintiff’s claim for violations of Business and Professions Code.
“When all the competitors get together and decide to set a price at an artificially high level, the consumer is badly damaged and we have laws against that,” said Factor. Attorney wants others to contact his office to see if they can take legal action against those foreclosure law firms.
Along with the note, the Wests also signed a mortgage granting a security interest in the property to National City Bank. On that same day, National City Bank executed an assignment of the mortgage to National City Mortgage Co. This assignment was never recorded. Approximately five months later, in November 2001, National City Mortgage Co. assigned the mortgage and the note to Freddie Mac. This assignment was also never recorded. Additionally, PNC attached uncertified photocopies of documents to establish National City Bank had merged into PNC. Failed, Failed, Failed - but obtained judgment?
Well, at least the Montana Supreme Court Dissenting Judge got it right.
The beneficiary of a deed of trust must be “the entity to whom the secured obligation flows.” That entity is the lender, not an electronic registry such as MERS. MERS was not a valid beneficiary and had no interest in the Deed of Trust. The chain of assignments leading from MERS to Wells Fargo was empty. Wells Fargo has no stake in the outcome of this case, and therefore lacks standing.
(The rest of the court reversed in favor of Wells Fargo.)
Despite being OUTLAWED in 2012, Chase continues to use
dual-tracking to steal homes.
In short, Robo-Signings are illegal in because good title cannot be based on fraud, robo-signed non judicial foreclosure sales are VOID as a matter of law, the documents are not able to be recorded if they are not notarized, which we know was often not done properly, and finally, because the robo-signed forgeries ARE intended for judicial proceedings, including evictions and bankruptcy relief from stay motions.
"To suggest that a common pleas court can exercise subject matter jurisdiction even though it lacks the constitutional jurisdiction to do so, is just plain silly."
This was filed by the California AG against the attorneys referenced below.
SOUND FAMILIAR?: The attorneys "did unlawfully and knowingly procure and offer, or cause, a false or forged instrument... to be filed, registered, and recorded in a public office within this state, which instrument, if genuine, might be filed, registered, and recorded under a law of this state or the United States, in violation of Penal Code section 115, subdivision (a), a felony.
This is small-time compared to foreclosure-mill attorneys.
CA AG. Harris said: “The conduct of the attorneys in this scheme is even more offensive because they violated their ethical duty to be honest to the courts.” The accused and their attorneys allegedly "provided factually impossible and knowingly fraudulent evidence and statements in court under penalty of perjury" in order to obtain residential properties.
The federal judiciary has learned of an email scam, in which emails purporting to come from federal and state courts are infecting recipients with computer viruses. According to the Security Operations Center of the Administrative Office of the U.S. Courts, the emails are instructing recipients to report to a hearing on a specified day and time. The emails also instruct recipients to review an attached document for detailed case information. When the attachments or links in the email are opened, a malicious program is launched that infects the recipient's computer
Given that a note and mortgage are inseparable and that a party who merely holds the mortgage suffers no injury, I do not believe the Supreme Court intended to imply that possession of the mortgage alone is sufficient to establish standing. Therefore, as indicated above, I would have remanded the matter to the trial court with instructions to dismiss the complaint pursuant to the Supreme Court of Ohio's decision in Schwartzwald.
"The allonges are undated and contain inaccurate information."
Further, “[a] party should not file a Civ.R. 60(B) motion for relief from judgment in order to have the void judgment vacated or set aside, since Civ.R. 60(B) motions apply only to judgments that are voidable rather than void. This is because the power to vacate a void judgment does not arise from 60(B), but rather, from an inherent power possessed by the courts in this state. Therefore, a common law motion to vacate a void judgment need not meet the standards applicable to a 60(B) motion.”
After I made my presentation to the Mortgage Fraud Task Force in 2010, Tony West turned to me and said: "Mr. Johnson, that is why we are here; to hear stories like yours, because we know that the Central Valley of California is the epicenter of mortgage fraud." Benjamin Wagner stated: "We are looking into Mr. Johnson's case." Well it's finally time to really look into our case and millions of others that have had their homes stolen from them. The DOJ asked me to send them all our documents and we did. We never heard from them again. (The banks swindled Mr. Johnson out of more than $1 million in property.)
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.
"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)