Articles Related To Mortgage Servicing Fraud

Date	Article Articles are added weekly	Source	Comment
12/28/17	Don’t get Grinched by opportunistic Servicers	Living Lies	Don’t get Grinched by opportunistic Servicers A trusting couple in Ohio experiencing financial issues fell for a servicer’s bogus promises. When the husband lost his job several years ago, he fell behind on his mortgage and foreclosure loomed on the horizon.
12/27/17	Corral v. Select Portfolio Servicing, Inc. et al \| 9th Cir	Stopforeclosurefraud.com	Corral v. Select Portfolio Servicing, Inc. et al \| 9th Cir Categorized \| STOP FORECLOSURE FRAUD – “HBOR” We hold that thevalue of the property or amount of indebtedness are not the amounts in controversy in such a circumstance.
12/27/17	Maine Case Affirms Judgment for Homeowner — even with admission that she signed note and mortgage and stopped paying	Living Lies	Maine Case Affirms Judgment for Homeowner — even with admission that she signed note and mortgage and stopped paying While this case turned upon an inadequate foundation for introduction of “business records” into evidence, I think the real problem here
12/26/17	U.S. Bank Trust National Ass’n v. Hernandez \| IL App (2d)	Stopforeclosurefraud.com	U.S. Bank Trust National Ass’n v. Hernandez \| IL App (2d) – As defendants’ mortgage was insured by HUD, it was subject to specific servicing requirements. See 24 C.F.R. § 203.500 (2014); Federal National Mortgage Ass’n v. Moore, 609 F. Supp. 194, 196 (N.D. Ill. 1985). The failure to comply with HUD’s servicing requirements is a defense to a mortgage-foreclosure action.
12/26/17	Rescission Precision Goes to U.S. Supreme Court Petition for Mandamus	Living Lies	Rescission Precision Goes to U.S. Supreme Court Petition for Mandamus 10 years ago, seeing where the foreclosure wave was going and watching court cases, I said on these pages that the only solution to these foreclosures is Mandamus.
12/24/17	Attorney Dan Khwaja: Major reversal in Illinois in US Bank NA v. Hernandez	Living Lies	Attorney Dan Khwaja: Major reversal in Illinois in US Bank NA v. Hernandez Sometimes its the little victories that make a difference. In USBank NA v. Hernandez, the Illinois Appeal court reversed an earlier summary judgment obtained by skirting Illinois consumer protections.
12/22/17	PUERTO RICO HOMEOWNERS BRACE FOR ANOTHER DISASTER: FORECLOSURES	The Intercept	PUERTO RICO HOMEOWNERS BRACE FOR ANOTHER DISASTER: FORECLOSURES Lenders To Puerto Rican homeowners have kicked foreclosures into high gear in the aftermath of Hurricane Maria, skirting local and federal borrower protections.
12/22/17	How to Get Away With Bankruptcy Fraud	ProPublica	How to Get Away With Bankruptcy Fraud Los Angeles is the nation’s hub for bankruptcy crime. Scammers prey on struggling homeowners with little fear of getting caught, because criminal enforcement of bankruptcy laws is rare.
12/21/17	Cleaning Up the Paper Trail	DSNews	Cleaning Up the Paper Trail Our industry learned a great many lessons in 2007 and the years that followed. When the financial crash sent one out of every 10 homeowners into default, the foreclosure industry was forced to deal with a workload it had never anticipated.
12/21/17	New Residential and Ocwen Financial Announce Agreement Relating to Approx. $110B Mortgage Servicing Rights Transfer and Subservicing Agreement	Stopforeclosurefraud.com	New Residential and Ocwen Financial Announce Agreement Relating to Approx. $110B Mortgage Servicing Rights Transfer and Subservicing Agreement NEW YORK & WEST PALM BEACH, Fla.–(BUSINESS WIRE)–New Residential Investment Corp. (NYSE:NRZ, “New Residential”) and Ocwen Financial Corporation (NYSE:OCN, “Ocwen”) today announced
12/19/17	Pushard v. Bank of America N.A.	Stopforeclosurefraud.com	Pushard v. Bank of America N.A. \| Plaintiffs were entitled, as a matter of law, to the declaratory relief they sought. … We therefore must vacate the judgment in the Bank’s favor on the Pushard s’ claim for declaratory relief and remand the case to the trial court to enter a judgment declaring that the note and mortgage are unenforceable and that the Pushards hold title to their property free and clear of the Bank’s mortgage encumbrance
12/18/17	UPDATE FROM MIAMI: TWO DITECH ATTORNEYS SLATED TO APPEAR AT NON-JURY TRIAL FEB. 1ST!	Clouded Titles Blog	UPDATE FROM MIAMI: TWO DITECH ATTORNEYS SLATED TO APPEAR AT NON-JURY TRIAL FEB. 1ST! Several media outlets, including the Daily Business Review, Miami New Times and Law.com are all reporting that the
12/17/17	TELL SIGTARP: WHAT ARE YOU GOING TO DO ABOUT IT?	Living Lies	TELL SIGTARP: WHAT ARE YOU GOING TO DO ABOUT IT? Tell SIGTARP, the Troubled Asset Relief Program, to stop investigating fraud and compiling huge reports- and to DO SOMETHING FOR THE HOMEOWNERS WHO WERE HARMED:
12/16/17	If Sexual Harassers must Face the Consequences, Why shouldn’t Bank CEO’s?	Living Lies	If Sexual Harassers must Face the Consequences, Why shouldn’t Bank CEO’s? Sexual harassers in media and Hollywood are just now paying the price for their crimes, while bankers who destroyed
12/15/17	Woman Says Bank Foreclosed On Her Home Despite Making Mortgage Payments	CBS Pittsburgh	Woman Says Bank Foreclosed On Her Home Despite Making Mortgage Payments Imagine paying your mortgage on time every month, and your bank takes your home away anyway.
12/14/17	Investigator Bill Paatalo: Why Are The Oregon Courts Ignoring Its Own Rules Regarding The “Surrender And ‘Tender’ Of ‘Original’ Negotiable Instruments?”	Living Lies	Investigator Bill Paatalo: Why Are The Oregon Courts Ignoring Its Own Rules Regarding The “Surrender And ‘Tender’ Of ‘Original’ Negotiable Instruments?” This is the Oregon Uniform Trial Court Rule regarding the surrender of negotiable instruments before the entry of a judgment. Oregon is typically a non-judicial
12/13/17	After the Equifax Data Breach, Why Did a U.S. House Committee Vote to Reduce Credit Bureau Consumer Protections?	Huffingtonpost.com	After the Equifax Data Breach, Why Did a U.S. House Committee Vote to Reduce Credit Bureau Consumer Protections? During the marathon of hearings on the Equifax data breach this fall, many members of Congress expressed dismay about the lack of control consumers have when it comes to the credit bureaus.
12/13/17	Short Explanation of TILA RESCISSION vs Common Law Rescission	Living Lies	Short Explanation of TILA RESCISSION vs Common Law Rescission Quiet title is a lawsuit not a motion. It must be worded correctly to fulfill the elements required for the court to consider the demand for quiet title. Otherwise it will be dismissed.
12/12/17	Navajo Nation sues Wells Fargo for alleged predatory tactics	Washingtonpost.com	Navajo Nation sues Wells Fargo for alleged predatory tactics WINDOW ROCK, Ariz. — The Navajo Nation announced Tuesday that it’s suing Wells Fargo for allegedly engaging in predatory and unlawful banking practices that targeted and harmed tribal members.
12/12/17	ANFRIANY v. DEUTSCHE BANK NATIONAL TRUST COMPANY \| FL 4DCA	Stopforeclosurefraud.com	ANFRIANY v. DEUTSCHE BANK NATIONAL TRUST COMPANY \| FL 4DCA – Anfriany raises substantive issues regarding the application of judicial estoppel to bar his entitlement to fees and costs, and a procedural issue. Because the trial court applied the wrong standard in dismissing the entitlement based on judicial estoppel, we reverse and remand for further proceedings
12/12/17	The Old REMIC Trusts Are Dead	Living Lies	The Old REMIC Trusts Are Dead Why is this relevant to homeowners fighting foreclosure? Because the payment for the alleged debt creates the illusion of consideration when in fact there was nothing to sell from the REMIC trusts and the entire transaction is a sham to avoid taxes.
12/11/17	Eric Mains: #MeToo- Is Social Justice a Viable Alternative to a Flawed and Compromised Judicial System?	Living Lies	Eric Mains: #MeToo- Is Social Justice a Viable Alternative to a Flawed and Compromised Judicial System? By Eric Mains, J.D, Former Federal Bank Regulator In the last few months we have seen a literal wave of the wealthy and influential falling from grace, losing their positions of power and ducking for cover as their conduct becomes scrutinized in media and social media.
12/11/17	Ocwen Boarding Process Was Shot Down Last Year	Living Lies	Ocwen Boarding Process Was Shot Down Last Year As foreclosure defense lawyers have been saying for years, the Ocwen Boarding process is a sham. “This boarding process is a legal fiction
12/11/17	Movement Mortgage to pay $1.1 million for California mortgage servicing violations	Housing Wire	Movement Mortgage to pay $1.1 million for California mortgage servicing violations Movement Mortgage overcharged mortgage borrowers and operated in the state of California without a license, the California Department of Business Oversight said on Monday.
12/08/17	Trump: CFPB not dropping penalties against Wells Fargo, bank will be fined for mortgage issues	Housing Wire	Trump: CFPB not dropping penalties against Wells Fargo, bank will be fined for mortgage issues Responds to Reuters report on Mulvaney pausing regulatory action
12/08/17	Loan Servicer's Attorneys Face Criminal Contempt Arraignment in Miami	Daily Business Review	Loan Servicer's Attorneys Face Criminal Contempt Arraignment in Miami The document dispute that led to the arraignment included a midnight deposition and a Miami-Dade judge's assertion that attorneys for both sides were "idiots."
12/08/17	Are We Headed For Another Foreclosure Crisis?	Forbes	Are We Headed For Another Foreclosure Crisis? Almost everyone agrees that the Great Recession was triggered largely by the U.S. housing bubble bursting in 2007. For years beforehand,
12/08/17	NWTS IS CLOSING ITS DOORS; SHIFTS ITS FORECLOSURE CASES TO OTHER TRUSTEE MILLS	Cloudedtitlesblog.com	NWTS IS CLOSING ITS DOORS; SHIFTS ITS FORECLOSURE CASES TO OTHER TRUSTEE MILLS Why is everybody in the foreclosure mill and related industries pining over the announcement by several news outlets that Northwest Trustee Services, Inc. (“NWTS”) in Bellevue, Washington is closing its doors?
12/08/17	Bullseye! Investors Are “Far Removed” from Alleged Underlying Mortgages	Living Lies	Bullseye! Investors Are “Far Removed” from Alleged Underlying Mortgages IF YOU ARE IN FORECLOSURE WITH SOME BANK CLAIMING TO BE TRUSTEE FOR CERTIFICATE HOLDERS YOU NEED TO READ THIS ARTICLE.
12/07/17	Why one in three Detroit properties have been foreclosed on in the last 15 years	Vice.com	Why one in three Detroit properties have been foreclosed on in the last 15 years In the last 15 years, one in three Detroit properties have been foreclosed on. When most people think of foreclosure, they think of people who can’t afford to pay off their mortgages.
12/07/17	Wells Fargo sanctions are on ice under Trump official, sources say	CNBC.com	Wells Fargo sanctions are on ice under Trump official, sources say The new acting head of the U.S. consumer finance watchdog is reviewing whether Wells Fargo should pay tens of millions of dollars
12/07/17	HSBC Bank USA v. Yamashita \| ICA Hawaii	Stopforeclosurefraud.com	HSBC Bank USA v. Yamashita \| ICA Hawaii – HSBC Failed to Demonstrate it Was in Possession of the Note and Allonge at the Time This Action Was Commenced, Motion for Default & SJ Vacated
12/07/17	Bank Fabrication and Fraud Causes Rise of New “Industry” — Phantom Debt	Living Lies	Bank Fabrication and Fraud Causes Rise of New “Industry” — Phantom Debt It was inevitable that smaller players would seize upon the “irresistible” opportunity to create or sell phantom debt. With the justice system lining up to approve the practice of stealing debt
12/06/17	Massachusetts Homeowners May Not Challenge Mortgage Assignments Due to “Securitization Fail”	Culik Law	Massachusetts Homeowners May Not Challenge Mortgage Assignments Due to “Securitization Fail” In a definitive decision from the Massachusetts Appeals Court, the court held that homeowners may not challenge faulty mortgage assignments in securitized loans.
12/06/17	Do You, Consumer, Feel Protected?	Esquire	Do You, Consumer, Feel Protected? Still more from the We Learned Nothing From 2008 file, sub-paragraph: And We Could Care Less.
12/06/17	Attorneys' Attempt to Paint a Picture in Complicated Foreclosure Case Fails to Clarify Ownership	Daily Business Review	Attorneys' Attempt to Paint a Picture in Complicated Foreclosure Case Fails to Clarify Ownership A mortgage that was “passed around like the flu” seemed to send two South Florida courts down a rabbit hole as a
12/06/17	New York federal credit union sues Trump to block Mulvaney at CFPB	Housing Wire	New York federal credit union sues Trump to block Mulvaney at CFPB When Richard Cordray officially resigned as director of the Consumer Financial Protection Bureau last month, the agency was thrown into disarray
12/05/17	Consumer Bureau’s New Leader Steers a Sudden Reversal	NY Times	Consumer Bureau’s New Leader Steers a Sudden Reversal The defanging of a federal consumer watchdog agency began last week in a federal courthouse in San Francisco.
12/05/17	Senate Banking Committee introduces repeal of Dodd-Frank Act	Housing Wire	Senate Banking Committee introduces repeal of Dodd-Frank Act The Senate Banking Committee will begin its markup today of a bill that would roll back the Dodd-Frank Act
12/05/17	Another Countrywide Sham Goes Down the Drain	Living Lies	Another Countrywide Sham Goes Down the Drain Banks use several ploys to distract the court, the borrower and the foreclosure defense attorney from the facts. One of them is
12/04/17	End of an era: Foreclosure giant to close its doors for good	Oregonlive.com	End of an era: Foreclosure giant to close its doors for good RCO Legal, once one of the largest foreclosure law firms in the Northwest, is shutting down permanently in December,
12/04/17	Russell v. BAC HOME LOANS SERVICING, LP \| FL 4DCA	Stopforeclosurefraud	Russell v. BAC HOME LOANS SERVICING, LP \| FL 4DCA - a genuine issue of material fact existed as to standing at the inception of the action because the endorsement on the note attached to the complaint was different than the endorsements on the original note filed with the court.
12/04/17	REPUBLICANS NOW TURN THEIR ATTENTION TO DEREGULATING WALL STREET WITH KEY HEARING TUESDAY	The Intercept	REPUBLICANS NOW TURN THEIR ATTENTION TO DEREGULATING WALL STREET WITH KEY HEARING TUESDAY With The GOP's tax plan moving ahead and the Obamacare fight in the rearview mirror, Republicans in Congress are setting their sights next on deregulating Wall Street.
12/04/17	Ocwen settlement-palooza sees $36 million going out, $30 million coming back in	Housing Wire	Ocwen settlement-palooza sees $36 million going out, $30 million coming back in Reaches settlement with CIT Bank, additional settlement on restated financials
12/04/17	Smoke and Mirrors: Illinois Case	Living Lies	Smoke and Mirrors: Illinois Case This 2016 Illinois case corroborates exactly what I have been saying for 11 years. Sleight of hand accounted for the
12/02/17	City not liable for processing fake deed that allowed man to steal woman’s Queens home: appeals court	NY Daily News	City not liable for processing fake deed that allowed man to steal woman’s Queens home: appeals court A man who swiped an elderly woman’s house with phony documents did time for the crime — but an appellate court is letting the city off the hook for processing the paperwork that let the ex-con make himself at home
12/01/17	Game-Changing New Bankruptcy Rules Effective December 1	NCLC	Game-Changing New Bankruptcy Rules Effective December 1 Important bankruptcy rules governing chapter 13 practice are in effect as of December 1, 2017.
12/01/17	The Never-Ending Foreclosure	The Atlantic	The Never-Ending Foreclosure How can the country survive the next economic crash if millions of families still haven't recovered from the last one?
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