"In the instant case, although Appellant presented the original note to a witness at trial, Appellant only moved a copy of the note into evidence. Contrary to Appellant’s arguments, we find this case distinguishable from our decision in Clarke, because here, no record evidence exists to show that Appellant surrendered the original note to the court before the final judgment was issued, nor did Appellant offer a satisfactory explanation as to its failure to do so. As such, we affirm the final judgment granting involuntary dismissal."
A Pennsylvania federal judge on Monday upheld the constitutionality of a statute requiring the registration of deeds, in a ruling that keeps alive a class action brought by Pennsylvania counties alleging that Mortgage Electronic Registration Systems Inc. violated the law. U.S. District Judge J. Curtis Joyner ruled in favor of the counties’ deed recorders, rejecting MERS’ claims that the state law that obligates it to record all mortgage assignments with county deed offices and to pay the attendant recording fees was too vague.
MASSIVE NEW FRAUD COVER-UP:
while the government watches
When financial crimes go unpunished, the root problem of fraud never gets fixed -- and these are the consequences
All of these examples, from actual court cases resolved over the last two months, rendered rare judgments in favor of homeowners over banks and mortgage lenders. But despite the fact that the nation’s courtrooms remain active crime scenes, with backdated, forged and fabricated documents still sloshing around them, state and federal regulators have not filed new charges of misconduct against Bank of New York, Deutsche Bank, U.S. Bank or any other mortgage industry participant, since the round of national settlements over foreclosure fraud effectively closed the issue.
out of court
U.S. judge allows discovery on Tirelli's smoking gun.
Terelli said. “If Wells Fargo is in fact fabricating documents and involves the foreclosure attorneys in the process, the ramifications on the attorneys involved can be severe and in my opinion, if its in furtherance of fraud, none of the communications would be subject to attorney/client privilege.”
Judge Voids Sale of Man’s Home (Letter included)
Because he was still current on his mortgage, he was told he had to “miss a payment” before he could qualify for refinancing. Like so many other debtors before him, Bradburn did so, but the conundrum of bank-induced consequences was such a “convoluted case in the minefield of mortgage foreclosure litigation,” wrote Bowden, that even the legally trained judge’s mind struggled with the muddle of facts.
Immediately after the missed payment, the BOA snake constricted around its prey. Bradburn was denied refinancing. A dispute arose over how much money he continued to owe on the house—not uncommon in the quicksand of additional interest and penalties inflicted on delinquent homeowners, even when their delinquency was caused by a bank’s demand. And in the midst of Bradburn’s continuing efforts to seek assistance from the predatory lending institution, BOA foreclosed extrajudicially on his home and sold it out from under him. So much for helpful customer service.
But the BOA constrictor lives in a continent-wide jungle, designed to enrich the banksters through a complex secondary mortgage market where beneficiaries of promissory notes and mortgage instruments are ultimately unknown, and the actual holders of a mortgage change hands regularly. The name of this usurer’s paradise is Mortgage Electronic Registration System, Inc. (MERS), created by bankers for bankers.
Wells Fargo is in a federal judge’s hot seat.
America’s largest mortgage servicer just lost the battle to keep its controversial Wells Fargo Home Mortgage Foreclosure Attorney Procedure Manual out of federal court in New York.
It is thus no wonder why the banks fight requests for jury trials with such vigor. They know that if regular people see the kind of fraudulent conduct which the banks engage in that there will be serious consequences.
In the Findings of Fact the Court wrote: The Bank's refusal and ultimate foreclosure created a great deal of emotional distress for McCulley. She was embarrassed and became depressed and reclusive. Before this happened, McCulley was a healthy person, physically and mentally. She was an accomplished photographer, an avid fisherwoman, and loved the outdoors. The Bank's conduct against her caused her to suffer depression, isolation and a near-successful suicide. (Many of us have been there. MSF)
MERS chief legal officer, its national litigation coordinator, its corporate counsel and its chief internal auditor -- have now departed. Even if the company survives its legal challenges, the government could someday pull the rug out from under it.
Is a criminal investigation lurking?
Finally (and as a way to clear the Second Department trial court dockets of fraudulent RMBS foreclosure actions), this Court should require foreclosing trustees to produce a certified and unredacted copy of their trust's Federal REMIC annual tax return, Form 1066, along with the opinion of tax counsel that no actions by the trustee for the subject tax year were in violation of the REMIC tax statutes.
Violations of Hawaii’s Mortgage Rescue Fraud Prevention Act and the laws prohibiting unfair and deceptive trade practices subject offending parties to fines ranging from $500 to $10,000 per violation per day.
Findings of Fact & Conclusions
The jury rendered its verdict and found that Defendant US Bank committed fraud and constructive fraud against Plaintiff Mary McCulley and that the fraud and constructive fraud injured and caused damage to Ms. McCulley. The jury also rendered its verdict that found US Bank liable for punitive damages.
The Tananas argue their mortgage payments were not credited, incorrectly tabulated or rejected. They allege the company "has taken intentional actions to force the default by rejecting payments and miscalculating payments that have been made." The couple's admission of default but their unsuccessful attempts to continue to pay the loan is a reasonable defense, Judge Nealon found.
tied to ‘ROBO-SIGNING’
The lawyers were accused of not doing enough to inform Maine courts in more than 100 foreclosure cases of the possible implications of that information – that people faced losing their homes based on documents with potentially inaccurate statements or debt figures.
We have said that the banksters trade mortgage loans like baseball cards. No one seems to know, from one day to the next, who owns the loan. More disturbing is that it now seems that different banks are claiming ownership of the same loan. Who is lying? We suspect BOTH U.S. Bank and Bank of America.
"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)