Articles Related To Mortgage Servicing Fraud

Date	Article Articles are added weekly	Source	Comment
04/08/21	Can the CFPB's new forbearance rules prevent a foreclosure crisis?	MPA Magazine	Can the CFPB's new forbearance rules prevent a foreclosure crisis? While forbearance numbers have declined somewhat in recent weeks, around three million homeowners are still behind on their mortgages. As foreclosure moratoriums are set to expire later this year, the housing market is now facing the risk of a shock from millions of homeowners going from forbearance straight into foreclosure. To prevent such a shock to the system, the CFPB has released a proposed set of rule changes for servicers and borrowers to prevent the end of forbearance turning into a catastrophe for the whole mortgage industry.
04/06/21	A Conspiracy of local County Auditors. . and some less than forthcoming Legislators	Scott Stafne	A Conspiracy of local County Auditors. . and some less than forthcoming Legislators Apparently here in Washington State our elected leaders believe that they know what isbest for us. . . without even asking
04/06/21	WASHINGTON COURT OF APPEALS ONE - Larsons' opening brief in registration of title (Torrens Act) appeal	Scott Stafne	WASHINGTON COURT OF APPEALS ONE - Larsons' opening brief in registration of title (Torrens Act) appeal In the Court of Appeals for the State of Washington Division One - Washington Court of Appeals Division One - Christopher and Angela Larson v. New Century Mortgage
04/06/21	Court Clarifies Evidentiary Requirements for Foreclosure Filings	DS News	Court Clarifies Evidentiary Requirements for Foreclosure Filings The Florida Fifth DCA reversed a summary judgment of foreclosure finding, Eagle Home Mortgage, LLC (“the bank”), failed to proffer sufficient evidence that it satisfied conditions precedent. Parkin v. Eagle Home Mortgage, LLC, 5D20-160, 2021 WL 833298 (Fla. 5th DCA Mar. 5, 2021).
04/06/21	Attack the “Successors”	Living Lies	Attack the “Successors” In analyzing the paperwork in front of you, make sure you read every word and do not accept anything said at face value. A popular ruse by foreclosure mills is the use of the word “successor.” I have been saying that this word is used as a cover-up for “we don’t have title to the debt, note or mortgage.” That means they have no loss connected with a claimed scheduled payment that was not received by a “Servicer” who had no right to receive it in the first place.
04/05/21	Summary Judgment is the way that the foreclosure mills avoid answering reasonable discovery demands.	Living Lies	Summary Judgment is the way that the foreclosure mills avoid answering reasonable discovery demands. The simple answer is that they do it because they can and because they generally get away with it, because most of the time their opposition is a layperson who knows nothing about the rules of civil procedure. JUdgment gets entered and the homeowner loses their largest investment, their home, and usually their lifestyle. sometimes they lose their marriages too or their lives when they commit suicide.
04/05/21	Consumer protection group proposes rule to prevent foreclosures until 2022	CNBC	Consumer protection group proposes rule to prevent foreclosures until 2022 The Consumer Financial Protection Bureau proposed a rule Monday to prevent a wave of foreclosures this fall, when certain Covid-era protections for homeowners are set to expire. The proposal, which would need final approval, generally prohibits mortgage servicers from initiating foreclosure
04/05/21	CFPB Proposes Mortgage Servicing Changes to Prevent Wave of COVID-19 Foreclosures	CFPB	CFPB Proposes Mortgage Servicing Changes to Prevent Wave of COVID-19 Foreclosures WASHINGTON, D.C. – The Consumer Financial Protection Bureau (CFPB) today proposed a set of rule changes intended to help prevent avoidable foreclosures as the emergency federal foreclosure protections expire.
04/04/21	Consumer Finance Law – COVID-19 Year in Review	JDSupra	Consumer Finance Law – COVID-19 Year in Review The year 2020 was a tumultuous one given the unexpected COVID-19 pandemic, particularly for the mortgage lending and servicing industry. In response to sudden stay-at-home orders and a sharp drop in employment rates, federal and state policymakers moved quickly to offer financial relief to consumers and borrowers. While facing their own pandemic-induced operational hardships, mortgage lenders and servicers swiftly adjusted their business plans to adopt mortgage forbearance requirements and react to foreclosure moratoriums provided under the Coronavirus Aid, Relief, and Economic Security (CARES) Act. Balancing new regulatory requirements and a significant uptick in consumer demands kept lenders and servicers on their toes.
04/03/21	Biden signed $10B in mortgage help for homeowners. How do you get money?	Yahoo Finance	Biden signed $10B in mortgage help for homeowners. How do you get money? The latest COVID relief package signed into law by President Joe Biden sets aside billions for homeowners struggling to make their mortgage payments and other bills related to owning a home.
04/03/21	Episode 114 – When The Whistle Blows with Richard Bowen	Real Progressives	Episode 114 – When The Whistle Blows with Richard Bowen Steve Grumbine welcomes the uncompromising and incorruptible Richard Bowen to the studio to discuss the intricate web of deception and fraud more commonly known as our private banking system.
04/02/21	In the Court of Appeals for the State of Washington Division One	Scott Stafne	In the Court of Appeals for the State of Washington Division One In the Court of Appeals for the State of Washington Division One - Washington Court of Appeals Division One - PNC BANK, NATIONAL ASSOCIATION, its successors in interest and/or assigns v. LAURA COZZA - APPELLANT'S COZZA'S MOTION FOR RECONSIDERATION
04/02/21	Mortgage companies warned to take steps now to avoid foreclosure ‘tidal wave’	Bankrate	Mortgage companies warned to take steps now to avoid foreclosure ‘tidal wave’ The Consumer Financial Protection Bureau (CFPB) wants to avoid a wave of home foreclosures later this year and is warning mortgage servicers to take steps to help these homeowners.
04/02/21	How to use “Unpublished” Opinions	Living Lies	How to use “Unpublished” Opinions One of the peculiar aspects of foreclosure litigation over the past two decades has been the overuse (by appellate courts) of instructions not to publish opinions that favor homeowners in litigation. So the homeowner wins in that case but other homeowners and their attorneys probably never hear about it.
04/01/21	Still think it was a loan, think again! Look at these allegations from investors who thought they were buying loans.	Living Lies	Still think it was a loan, think again! Look at these allegations from investors who thought they were buying loans. If Countrwide was really a lender it would never have entered into this transction as a loan. If Countrywide was an underwriter it would never have approved this as a loan. Common sense dictates that Countrywide was an aggregatgor of data that was massaged to meet the instructions and needs of an investment bank.
03/31/21	The Difference Between a Hearsay on Hearsay “Report” and a Legally Admissible Accounting Record	Living Lies	The Difference Between a Hearsay on Hearsay “Report” and a Legally Admissible Accounting Record A report is not a record. It is a statement made about a record and it is by definition a statement made out of court by often unknown persons. That means it is at least hearsay and probably lacking in the foundation since the person who made entries from which the report was generated is unknown and cannot be questioned.
03/31/21	Courts Are Wasting Time, Not Saving It: Apply the rules of evidence and both claims and defenses will fall.	Living Lies	Courts Are Wasting Time, Not Saving It: Apply the rules of evidence and both claims and defenses will fall. The excuse for the sloppy ways that the rules of civil procedure and the rules of evidence are applied in a case where the foreclosure process is invoked has always been “limited judicial resources.”
03/30/21	The Case Against Foreclosure Mill Law Firms and Attorneys	Living Lies	The Case Against Foreclosure Mill Law Firms and Attorneys How is a foreclosure rescue scam any worse than a foreclosure theft scam? Or the real question — why is one scam punished and the other is rewarded with government help?
03/29/21	Basics of Trust Administration	Living Lies	Basics of Trust Administration What exactly does U.S. Bank, Deutsch Bank or Bank of New York Mellon “as trustee” do for “REMIC Trusts”? It might be as simple as nothing at all.
03/29/21	CDC will extend national eviction ban through June 30	CNBC	CDC will extend national eviction ban through June 30 The Centers for Disease Control and Prevention has extended the national ban on evictions through the end of June.
03/28/21	Credit Suisse Owned Select Portfolio Servicing Busted! Servicer Accused Of Jerking Around Black Homeowners, Again!	MFI-Miami	Credit Suisse Owned Select Portfolio Servicing Busted! Servicer Accused Of Jerking Around Black Homeowners, Again! Select Portfolio Servicing is busted jerking around people of color. This isn’t the first time. I’ve written about this multiple times. However, this time it was WFTV Reporter Todd Ulrich in Orlando who busted them. Ulrich also received the run around from SPS. As a result, he reached out to me for assistance.
03/27/21	We can't suspend evictions and foreclosures forever	CNN	We can't suspend evictions and foreclosures forever As the coronavirus shuttered much of the nation's economy last year, policymakers imposed a moratorium on evictions and foreclosures to keep millions of families from losing their homes.
03/26/21	How to Attack Facial Validity of Lawsuits, Summons and Other Foreclosure Documents	Living Lies	How to Attack Facial Validity of Lawsuits, Summons and Other Foreclosure Documents “Facial validity” consists of two words that are usually completely misunderstood in courts of law and frequently either misused or abused by the proponents of false claims on behalf of the false claimant or butchered by either neglect or inexperience by homeowners and their lawyers. And sadly most judges overapply it even in the face of gross abnormalities and fatal deficiencies.
03/25/21	Servicers are Not Servicers: Their Reports Are Not Business Records	Living Lies	Servicers are Not Servicers: Their Reports Are Not Business Records Since the reports presented in court are generally NOT made in the ordinary course of the “servicer’s” business they are inadmissible hearsay.
03/25/21	Congress Introduces Resolution to Rescind OCC’s “Fake Lender” Rule, Which Protects Predatory Lenders’ Evasions of State Interest Rate Limits	NCLC	Congress Introduces Resolution to Rescind OCC’s “Fake Lender” Rule, Which Protects Predatory Lenders’ Evasions of State Interest Rate Limits WASHINGTON, D.C. – Advocates at the National Consumer Law Center today applauded Senator Chris Van Hollen (D-MD), Senator Sherrod Brown (D-OH), and Congressman Jesus “Chuy” García (D-IL-4) for their plans to introduce Congressional Review Act (CRA) resolutions to eliminate a Trump-era regulation that helps lenders charging 179% APR or more evade state- and voter-approved interest rate caps. The resolutions are expected to be introduced today in the Senate and tomorrow in the House of Representatives.
03/25/21	OCC: Mortgage Performance Declines in Fourth Quarter	ABA Banking Journal	OCC: Mortgage Performance Declines in Fourth Quarter The share of current and performing first-lien mortgages in the fourth quarter of 2020 was 93.3%, down from 96.5% a year ago, according to the Mortgage Metrics Report released by the OCC today. Mortgage performance in the fourth quarter declined from a year ago as a result of the COVID-19 pandemic according to the report.
03/25/21	Then here I get hit in the face with this’: Homeowners claim mortgage terms not what they agreed to	WFTV	Then here I get hit in the face with this’: Homeowners claim mortgage terms not what they agreed to APOPKA, Fla. — An Apopka man claims he paid off his mortgage, but now the lender is demanding five more years of payments, and he feels the company is holding his home hostage. He says the loan servicing company refuses to give him answers, so he called Action 9.
03/23/21	On One Day Last Year, the Fed Had $495.7 Billion in Loans Outstanding to Unnamed Wall Street Trading Houses	Wall Street On Parade	On One Day Last Year, the Fed Had $495.7 Billion in Loans Outstanding to Unnamed Wall Street Trading Houses Yesterday the Federal Reserve released its “audited” financial statements with the following caveat, among numerous others:
03/23/21	Should States Be Obligated to Assign and Pay for Counsel to Defend Foreclosures?	Living Lies	Should States Be Obligated to Assign and Pay for Counsel to Defend Foreclosures? By presuming that virtually all defenses to foreclosures, other than payment, are without merit and futile, and by administering discipline or injunctions to lawyers who prove otherwise, the state has created a gap that only the state or Federal government can fill.
03/22/21	Investment banks are pushing technical agenda on “integrated records” that would deny homeowners’ due process.	Living Lies	Investment banks are pushing technical agenda on “integrated records” that would deny homeowners’ due process. When you lose your home in foreclosure, it is an involuntary gift to an investment bank that has already earned 12 times the amount of the transaction with you. The investment bank does NOT record the interest, principal or forced sale payment on any loan account receivable because there is no such account.
03/19/21	The New Untouchables	Real Progressives	The New Untouchables Real Progressives and the creators of “The Con” present a new series, “The New Untouchables:? The Pecora Files,” meticulously detailing the rampant financial fraud that has been poisoning our economy for the last century, and?what is to be done?about it.? “The Con” took a simple but revolutionary approach to explaining the epidemic of elite fraud driving the great financial crisis of 2007-2008. The New Untouchables presents the heroes, one at a time, who sought to prevent it and hold the elite predators accountable. New episodes every Sunday 8pm ET / 5pm PT View the trailer, then scroll down to binge the latest episodes!
03/19/21	With Forbearance Periods Ending, Corelogic Looks at Options for Borrowers to Exit	Mortgage News Daily	With Forbearance Periods Ending, Corelogic Looks at Options for Borrowers to Exit The number of loans in forbearance experienced the largest weekly decline since early January as servicers reviewed the hundreds of thousands that are due to expire at the end of March.
03/19/21	What You can Do About The Difficulty With Finding and Hiring an Attorney	Living Lies	What You can Do About The Difficulty With Finding and Hiring an Attorney It’s not difficult to identify the beneficiary of this phenomenon: it’s the Wall Street investment banks that are falsely claiming to have securitized transactions with homeowners that are falsely represented and labeled as loans.
03/18/21	Report: Foreclosures climb in February, still historically low	The Title Report	Report: Foreclosures climb in February, still historically low U.S. foreclosure filings saw an uptick in February, but they are still down considerably from a year ago, thanks to the pandemic foreclosure moratoriums.
03/17/21	Basic Premise in Foreclosure Defense: Documents Are Not Events	Living Lies	Basic Premise in Foreclosure Defense: Documents Are Not Events The fundamental error of most homeowners, lawyers, and frankly judges, is the failure to distinguish between the real world and the fictional world portrayed by documents in front of them.
03/16/21	Powerful alternatives to predatory lenders: Postal Service banking and public banks	Chicago Sun Times	Powerful alternatives to predatory lenders: Postal Service banking and public banks The payday and auto title loan industry exists only because vast swaths of the United States lack even one traditional bank in the community. It is that simple.
03/16/21	Our Ignorance Has Created a System That Chills Homeowner Access to Courts and Attorneys	Living Lies	Our Ignorance Has Created a System That Chills Homeowner Access to Courts and Attorneys The real problem is that stockbrokers masquerading as investment banks have committed the greatest economic crime in human history and have managed to cover it up by huge investments into the system wherein they control the narrative.
03/14/21	Wall Street vs. Workers	Wall Street On Parade	Wall Street vs. Workers “The economy isn’t physics – it’s not governed by scientific laws outside our control. It’s made up of people making choices about our values and what kind of society we want to live in.
03/15/21	What to do about Court bias	Living Lies	What to do about Court bias Bias is a state of mind. Everone has a mind and if they are living they have a state of mind. So every judge has some biases. In our system of court procedure, bias is ONLY important to impeach a witness or to ask the trial judge to recuse themselves — or beyond that,

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