Daily News related to the Foreclosure Crisis

The biggest unpunished heist in human history - Max Keiser

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02/25/19

Enforcement of Note vs. Enforcement of Mortgage
Watch out for the discrepancy between enforcement of a note and enforcement of an encumbrance. Enforcement of the note requires proof that the claimant is the owner of the debt, or has been authorized by the owner of the debt to enforce the note. Enforcement of the mortgage requires that the claimant be the owner of the debt.

02/21/19

We are now 10 years out of the Great Recession, and predatory lending and housing fraud continue to threaten and harm New Yorkers.

02/21/19

What Happens on A Motion to Dismiss?
Legal procedure is difficult to master in one sweep. But in all events you should know that everything before trial is strictly procedure and that your notions about right and wrong are almost besides the point.

02/19/19

Removing Liens Rendered Void by TILA Rescission 15 USC §1635
Client goes into the office of an attorney and tells him/her that a notice of rescission was sent. The attorney without studying the issue says the rescission never happened. And so it goes.

02/18/19

Can MERS Assign the Debt?
The answer is complicated. On its face and on its own the answer is obvious: since MERS never has any ownership of the debt or the note, it cannot transfer either one.

02/16/19

Are banks guilty of faking signatures on British court papers?
A new campaign group claims the practice is taking place on an ‘industrial scale’

02/16/19

LaRace v. Wells Fargo Bank, N.A. as Trustee Update
Wells Fargo Bank filed its Motion for Summary Judgment Against Mark and Tammy LaRace on January 14, 2019, and The Firm just filed its Opposition to this Motion Wells Fargo has tried to remove our clients from their residential property for the past decade, including being the unnamed party in the nationally cited case U.S. Bank Nat'l Ass'n v. Ibanez, 458 Mass. 637, 941 N.E.2d 40 (MA SJC 2011).

02/15/19

Deutsche Bank reverses pledge to help distressed homeowners
Deutsche Bank has decided that none of the more than $4 billion it promised to spend on consumer relief after the global mortgage crisis will go to distressed U.S. homeowners, according to a report by the monitor of the 2017 settlement.

02/15/19

Ex-Fannie Mae Employee Found Guilty of Multi-Million Dollar Scheme Involving Property Listings and Approval of Below-Market Sales
SANTA ANA, California – A former employee of Fannie Mae in Irvine has been found guilty of federal fraud charges related to bribes and kickbacks she took from brokers in exchange for Fannie Mae real estate listings and her approval of discounted sales of Fannie Mae-owned properties.

02/15/19

A Movement to Hold Judges Accountable for Their Illegal Actions
Recent articles are beginning to take seriously what homeowners have been saying for more than a decade — that a separate set of rules applies to foreclosures that are biased against consumers, borrowers and homeowners.

02/14/19

Thanks to Artificial Intelligence, Finding a Florida Lawyer Just Got Easier
Meet the Florida Bar's new and improved online lawyer referral service, covering 120 practice areas in 47 counties and featuring 12 different languages.

02/14/19

Facially Valid for Those Inclined to Latin
Bill Paatalo in his unrelenting search for doctrine that covers the widespread fraud confronting borrowers of all types including especially homeowners, has found some old English common law concepts that do have some application in today’s chaos in the courtroom. His question related to the Latin doctrine Nul Tiel Record.

02/13/19

Caliber and LSF9 Trust Example of Smoke and Mirrors
The lesson is keep your eye on the ball. The natural human reaction to an affidavit is to assume it is true. We assume that it would not be submitted if the lawyers knew it wasn’t true.

02/13/19

Bill Would Make Online Access to Federal Court Records Free
ATLANTA (CN) — House lawmakers introduced a bipartisan bill Wednesday that would remove online paywalls and make federal court records free to the public.

02/13/19

Contract AI: How Legal Departments Evaluated, Use Artificial Intelligence Tools
A new report for Seal Software sheds light on how companies’ legal departments are preparing for or using the latest tools associated with artificial intelligence to analyze contracts

02/13/19

HUD’s System for Processing Public Records Requests Died During the Shutdown
The contract for the agency’s electronic system for managing FOIA requests lapsed in early January and hasn’t been renewed. Delays are mounting.

02/13/19

McGreevey wins: Veteran who alleged illegal foreclosure gets $125,000 settlement
When Marine Jacob McGreevey returned home to Vancouver after four years in Afghanistan and Iraq war zones, the fight wasn’t over. No, McGreevey launched into more combat, this time against the company he claimed illegally foreclosed on his house.

02/12/19

Future Law School. What Does It Look Like?
Crises in the justice systems across the world leave a huge imprint on the legal education system, which already has enough internal and external problems.

02/12/19

Attorney General James to Urge Consumer Financial Protection Bureau to Reject Anti-Consumer Protection Policies
New York, NY - February 12, 2019 - New York Attorney General Letitia James today led a coalition of 21 State Attorneys General in urging the Consumer Financial Protection Bureau (CFPB) not to adopt recently-proposed policies that would erode critical consumer protections under the guise of fostering innovation in the consumer financial marketplace

02/11/19

CFPB is looking out for financial predators instead of Main Street
To protect Main Street Americans — consumers, investors, homeowners, students, soldiers, retirees and the elderly — from predatory financial behavior and financial instability that can lead to devastating financial crashes like 2008, the Dodd-Frank law created the Consumer Financial Protection Bureau (CFPB).

02/11/19

Making the Foreclosure Process More Efficient
New Jersey's Senate Community and Urban Affairs Committee has passed bipartisan legislation consisting of a package of nine bills that are aimed at streamlining pending foreclosure cases in the state.

02/11/19

Why Fabrications? Why Forgeries?
In an increasing number of foreclosure cases, homeowners are going head to head with the lawyers who file claims on behalf of entities on the basis of fabricated and/or forged instruments that in many cases were also recorded in county records.

02/08/19

Denied Modification: A Cog of the Loan Servicing Industry Profit Factory
In the iconic holiday movie “Christmas Vacation” cousin Eddie congratulates Clark Griswold for receiving a subscription to the Jelly of the Month club as his Christmas bonus. “Clark, that’s the gift that keeps on giving all year long.” I could say the same thing about Wells Fargo, the financial institution whose unethical business practices have kept regulators and consumer lawyers busy for the past decade.

02/05/19

MERS AND ITS ROLE AS A PLAINTIFF AND DEFENDANT … OR THE LACK THEREOF!
This is an educational overview as to what has taken place in the American legal forums in the last two decades and my take on what it all means:

02/05/19

Facial Validity vs Enforceability
It is universally accepted that a mortgage or deed of trust may not enforced except by the owner of the actual debt. The debt exists regardless of whether it is in writing or not. While a promissory note might be enforced

02/04/19

About Legal Research And Fact Analysis
When people retain us to perform analysis, what we are doing is applying our knowledge of facts regarding the current context of foreclosures, foreclosure defenses and claims based upon wrongful foreclosures. Each case must be carefully analyzed

02/02/19

Return To Prudent Banking Act: Bill To Reign In Predatory Banks Introduced
A bipartisan bill called the Return to Prudent Banking Act has been introduced in Congress to reinstate crucial consumer protections against predatory banking practices in place until 1999

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