Daily News related to the Foreclosure Crisis

The biggest unpunished heist in human history - Max Keiser

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12/27/18

Nonprofit seeks to stem foreclosures in Baltimore
BlueHub Capital, the nonprofit organization I am honored to lead, has developed a proven strategy to help families devastated by foreclosures. We brought our program to Maryland to help hardworking families and communities still recovering from the housing crisis. BlueHub SUN negotiates with mortgage issuers to acquire properties before evictions occur.

12/26/18

1099-C Received from “Servicer”
My personal take on this is that borrowers who receive this form for “forgiveness of debt” should probably send a letter or form of contest to the IRS stating the objection to the filing of the 1099-C.

12/24/18

How to Use and Oppose Judicial Notice
One of the biggest bluffs used by claimants in foreclosure and eviction proceedings is the request for judicial notice. If unopposed, this results in myths being propagated as facts. Just because a document exists

12/19/18

Jacobs v Goliath: A Holiday Miracle (12-19-18)
Today’s show is about a Christmas, Chanukah and Kwanza miracle all wrapped up into one. After 10 years of fighting banks about fraudulent evidence, we finally broke through.

12/19/18

California Two Step Should be Danced to the Right Tune
Worth reading Calf Foreclosure Two-Step (2nd Ed)

12/19/18

Using TILA Rescission as Jurisdictional Issue
I think TILA Rescission should be approached as a jurisdictional issue since it focuses on the procedural aspects of the TILA Rescission statute. In other words it should always be front and center.

12/18/18

Rescission and Res Judicata
A little pressed for time writing briefs and pleadings BUT I wanted to address something that is coming up with increasing frequency. Rescission removes jurisdiction of the court. If there is no subject matter jurisdiction, no court can confer jurisdiction on itself by denying a claim or

12/17/18

Ignorance of the Courts and Bliss for Banks
A recent Ohio Court decision makes it clear how courts are clueless and biased. They still asume, despite so much evidence to the contrary that the “Chain” asserted by the banks exists.

12/16/18

Ten years on, Fed's long, strange, trip to zero redefined central banking
Whatever the acronym, when the U.S. Federal Reserve dropped its policy rate to near zero on Dec. 16, 2008, to counter a full-scale economic crisis, it ushered in what the central bank’s chairman at the time, Ben Bernanke, called “the end of the old regime.”

12/16/18

The House They Live(d) In…
The tense might be different but the pain is the same. Hard-working folks like the Santamaria family suffer that pain on a daily basis. Their Palm Bay, Florida, home has been the subject of a foreclosure since 2013.

12/13/18

Investigative grand jury finds wide-scale deed fraud in New York City real estate transactions: DA
Stealing property deeds in New York City is an easy crime to pull off, a new report finds. A grand jury convened by the Manhattan District Attorney revealed just how wide-scale the problem is in the report made public Thursday.

12/12/18

Banks Get Kinder, Gentler Treatment Under Trump
WASHINGTON—After years of acrimony, the nation’s top banking regulators are seeking a detente with the firms they oversee. Two Trump-appointed officials

12/12/18

I begged them for help: Wells Fargo foreclosure nightmare
New York (CNN Business)Foreclosures can be extremely painful events. Imagine finding out years later that it was all a big mistake. That's exactly what happened to Jeff and Eva Reiner. The couple turned to Wells Fargo (WFC), their mortgage servicer, for help making their payments after Eva, the family's breadwinner, was laid off by Verizon (VZ) in 2010.

12/12/18

Illinois Supreme Court: Mortgage Foreclosure Based Upon Payment Default is Same as Action on Note
First Midwest Bank v Cobo
Hat Tip to Daniel Khwaja, Esq. Attorney at Law ph (312)-933-4015 There are several points in this decision worthy of reading and digesting. The principal point interesting to me is that the court correctly decided that

12/11/18

How to Apply Federal TILA Rescission Rights
Bottom Line: TILA Rescission is looming as a major risk factor to banks and investors who were not informed about the risk of TILA Rescission. The oddity is that the investors were not purchasing the loans and in fact agreed to replace the income stream from borrowers with an income stream from a fake trust.

12/10/18

Black Knight and the Case of the Disappearing Equity
We know that home price growth is slowing, and cash-out refinancing has been coming back, still it is a bit of a stunner to find that homeowner equity actually declined in the third quarter of this year. Black Knight's current issue of its Mortgage Monitor reports that

12/10/18

A Gift From Fannie/Freddie - Evictions Suspended for the Holidays
Both Freddie Mac and Fannie Mae have announced the suspension of eviction lockouts for single-family and two- to four-unit properties for the holiday season. The moratorium will begin December 17 and end January 2.

12/06/18

Local residents implore Supreme Judicial Court to probe alleged bias in Worcester Housing Court
BOSTON – In an unusual pro se hearing in front of the Supreme Judicial Court Thursday, dozens of residents who allege the Worcester Housing Court treated them unfairly while representing themselves when fighting foreclosure implored the state’s highest court to grant them relief.

12/06/18

Local residents implore Supreme Judicial Court to probe alleged bias in Worcester Housing Court
BOSTON – In an unusual pro se hearing in front of the Supreme Judicial Court Thursday, dozens of residents who allege the Worcester Housing Court treated them unfairly while representing themselves when fighting foreclosure implored the state’s highest court to grant them relief.

12/06/18

JERRY HOANG V. BANK OF AMERICA, N.A.
| 9th Circuit – borrower has six years thereafter to file an action in court to rescind in Washington State based on that rescission notice to a lender if rejected, calculated in a way analogous to that State’s most similar statute of limitations, and similarly as to other States…now controlling in every federal district court in the Ninth Circuit unless subsequently the Hoang panel decision is reconsidered and modified en banc.

12/06/18

Appellate Court Imposes Sanctions Against Outspoken Foreclosure Attorney
A South Florida appellate court has issued an order imposing sanctions against one of Miami’s most vocal foreclosure lawyers.

12/05/18

Who Said This?
William K. Black
Associate Professor of Economics and Law, UMKC
December 5, 2018 Bloomington, MN 55437
I cannot write many blogs during the fall semesters because I teach four classes (I co-teach one of them). The fall term of instruction at UMKC is now over so I am writing one piece before turning to grading. I have recently done

12/04/18

Attorney General Hunter Announces Oklahoma Victims of Debt Collector’s Robo-Signing Scheme to Receive More than $320,000 in Credit
OKLAHOMA CITY – Attorney General Mike Hunter today announced 266 Oklahomans, who were victims of Midland Funding, LLC.’s debt-buying scheme, will receive $327,437 in credit as part of a nationwide settlement.

12/04/18

Prominent Foreclosure Firm Settles Fannie Mae Fraud Charges
The prominent foreclosure law firm Rosicki, Rosicki & Associates has reached a settlement with the U.S. Attorney’s Office for the Southern District of New York on Tuesday, over allegations it bilked the federally-sponsored mortgage banker Fannie Mae by falsely inflating bills to the mortgage servicing companies for which it worked.

12/04/18

Wells Fargo computer glitch blamed as hundreds lose their homes
Wells Fargo says a computer glitch is partly to blame for an error affecting an estimated 545 customers who lost their homes. The giant bank filed papers with the Securities and Exchange Commission last month, revealing it incorrectly denied 870 loan modification requests. About 60 percent of those homeowners went into foreclosure. Legislators, housing advocates, regulators and most importantly, the people who lost their homes – people like Jose Aguilar – are asking how this happened.

12/04/18

How to Undermine the Credibility of Deutsch, Wells Fargo et al.
The entire securitization strategy is thus predicated upon the ability to convince a judge to presume facts, even if they are untrue. The pattern of misconduct revealed in the track record of the major banks could be used to undermine the legal presumptions and force the proof of the loan, purchase etc.

12/04/18

‘Unqualified’ and ‘dangerous’ Trump appointee set to take over consumer agency
If all goes according to Republican plan, this is the week a person with no experience in consumer protection will take over the consumer watchdog agency that the party has been steadily weakening to the point of irrelevancy.

12/03/18

Who Must Prove Standing
Like any other allegation or assertion, it is the party making the allegation or assertion who must prove by a preponderance of the evidence that it is true. Moral of the story — if you knock just one leg off the stool the entire thing collapses. Bigger moral: YES you can actually win and you ought to win. Scott Staffne who publishes an endless supply of well researched and well reasoned papers just recently sent me the following:

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