Daily News related to the Foreclosure Crisis

The biggest unpunished heist in human history - Max Keiser

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01/31/19

Federal Court 2015 Deutsch Bank Case Reveals Bank Willingness to Lie Directly to the Court
A mere glance at the procedure invoked by the attorney supposedly representing Deutsch Bank reveals the arrogance with which the lawyers present false cases based upon false documents and false execution of documents.

01/30/19

Facially Invalid Recorded Documents
The view proffered by the banks would require them to accept declarations of fact from potential borrowers without any indicia of truth or reliability. It is opposite to the manner in which they do business. Currently they have it both ways,

01/29/19

Rogue REMICs? 2016 Study Reveals Lack of Standing
I read a lot. I came across this article today published in 2016. Nobody has paid attention to it but as far as I can tell on first skim, the author has both coined the name “rogue REMIC” and described it well enough to come to a conclusion,

01/28/19

Short Videos on “The Men Who Stole the World”
I’m not sure of the production details but what I have seen is directly on point and corroborates my own interviews with insiders who were never indicted.

01/28/19

Data Breach Reveals Tech Players in Storage and Manipulation of Documents
I often find clues to the “who” question of reporting in little known articles about data breaches. We find in this article the names of players who

01/26/19

Kamala Harris' complicated history with Wall Street will come under scrutiny in the 2020 race
Sen. Kamala Harris' history with Wall Street and the banking industry is about to come under scrutiny in a big way as the California Democrat joins

01/24/19

Tonight! Foreclosure Mills Are Accountable Under FDCPA
I think the recent spate of cases against law firms who collect debts is indicative of the tremendous liability assumed by a lawyer who, knowing that there are defects in the claim, pursues it anyway.

01/24/19

The Facts Behind Smoke and Mirrors
Nearly everyone is confused as to the identity of the real holder in due course, or the “creditor,” or the owner of the debt. Nearly everyone thinks that ultimate it is investors who purchased certificates.

01/23/19

Millions of bank loan and mortgage documents have leaked online
trove of more than 24 million financial and banking documents, representing tens of thousands of loans and mortgages from some of the biggest banks in the U.S., has been found online after a server security lapse.

01/23/19

Tolling the Statute of Limitations by Initiating Administrative Processes
A recent case brought to mind a possible argument for tolling the applicable statute of limitations (SOL) on certain claims. By submission of complaints to the CFPB (TILA, RESPA, FDCPA etc) you are starting an administrative process. It might even be true that by submitting a QWR (under RESPA) or DVL (under FDCPA)

01/22/19

Gary Dubin on Foreclosure Reform and Deficiency Judgments
To my knowledge, the only other lawyer that is persistently publishing and broadcasting valuable information about foreclosure defense is Gary Dubin. He has published an article that is very much worth reading.

01/21/19

“True Lender” Lawsuits Causing Business and Legal Headaches for Banks
hat tip Bill Paatalo You can’t pick up one end of the stick without picking up the other end as well. Or, if you like, you can’t eat your cake and still have it.

01/20/19

Firm Scores Important Ruling From Massachusetts Appeals Court in Starkey v. Deutsche Bank, N.T. Co., et al
Mr. and Mrs. Starkey enlisted the help of this Firm to defend the attempted foreclosure of their home in January of 2009. The Firm defended the Starkey's position in the Land Court, as well as at the Superior Court.

01/18/19

MERS Is NOTHING — The Correct Translation of “MIN”
Without a contract in writing executed with the formalities required for transfer of interests in real property, it is highly probable that any instrument executed on behalf of MERS means nothing

01/17/19

Worcesteria: Irony is hard
FORECLOSURE NOTICE: Looks like the city is gearing up to take some action on foreclosures after the Worcester Anti-Foreclosure Team made a showing at the City Council meeting this week to demand the Council pass an ordinance and implement some internal policies to assist homeowners facing foreclosure.

01/16/19

Solving the Puzzle: Settlements with Homeowners Are Rising
Hat tip Michael Bazemore It’s not easy to see but if you look at the court docket after a ruling against the parties designated as “foreclosing parties” you can see that these cases are often dismissed with reference to an agreement or settlement between the parties.

01/15/19

UPL, FELONY PERJURY: THE UNINTENDED CONSEQUENCES OF DOCUMENT MANUFACTURING!
“I was just doing my job.” What kind of response do you think you’d get from a robosigner in a deposition when asked how they prepared or executed a recorded assignment?

01/15/19

THE SYSTEM OF THINGS IS IN PLAY IN ORANGE COUNTY, FLORIDA!
(ORLANDO, FLORIDA) — A Florida Circuit Court Judge has put the brakes on a foreclosure sale by setting an evidentiary hearing after a Motion to Vacate was

01/15/19

Example of Homeowner Winning in Sarasota Florida
Ryan Torrens, Esq., a Florida attorney who apparently does his homework, posted this article on his website. see Summary Judgment for Homeowner – Don’t give Up

01/14/19

Attorney Mark Stopa says he never wants to practice law again but the Florida Bar won't let him retire
Embattled foreclosure defense attorney Mark Stopa is seeking "permanent retirement,'' in part to head of a hearing on new complaints against him.

01/14/19

Distilling the 20 Points of TILA Rescission: 9th Circuit Allows “Claim” for Rescission Under WA Statute of Limitations
I have distilled the legal points and procedure of TILA Rescission down to their essentials and specifics as you can see below. In the case presented the 9th Circuit ruled in favor of the homeowner but in so doing

01/11/19

Reimagining Innovation In Legal Education
Ari Kaplan speaks with Gabe Teninbaum, a professor at Suffolk University Law School and the director of the Institute on Legal Innovation and Technology.

01/11/19

‘Could you make these guys essential?’: Mortgage industry gets shutdown relief after appeal to senior Treasury officials
After an intense lobbying campaign by the mortgage industry, the Treasury Department this week restarted a program that had been sidelined by the partial government shutdown, allowing hundreds of Internal Revenue Service clerks to collect paychecks as they process forms vital to the lending industry.

01/11/19

Portrait of a Whistleblower: The Establishment is Rigged Against Truth
For those who like what I write but have doubts about what I am saying consider this article that is based upon truth and nothing but the truth. According to a Rolling Stone article published in 2015 by Matt Taibbi, “one of America’s ugliest secrets

01/10/19

Kamala Harris Tells Big Lie: That 2012 Mortgage Settlement Was a Good Deal for Homeowners
The Big Whopper season is already upon us, in the form of presidential aspirants telling egregious lies about their track records. The Wall Street Journal tonight covers a section from Kamala Harris’ new book,

01/10/19

SCOTUS Oral Argument Illuminates the Main Question in Foreclosures: What are the roles of the parties?
Two days ago in the case of Obudskey v McCarthy and Holthus LLP the Supreme Court of the United States (SCOTUS) heard oral argument on issues relating to the application of the Federal Debt Collection Procedures Act (FDCPA).

01/09/19

Banks Are Baffled by Florida Supreme Court Ruling in Glass v Nationwide
Today (hat tip to Greg Da Goose) I received an article published by Burr Forman (bank lawyers) that admitted that the ruling was surprising and also projected that the ruling could have far reaching implications under various proceedings and laws.

01/08/19

FLA S Ct Reverses Course on Homeowner’s Award of Attorney Fees and Raises Other Issues for Defense of Foreclosures
For those of us that have access to the data, we know that homeowners are winning foreclosure cases all the time. Nobody else knows because as soon as a homeowner wins or gets into a winning position they are offered money for their silence.

01/07/19

DannLaw files suit alleging Wells Fargo defrauded two borrowers who were wrongly denied home mortgage modifications
CLEVELAND, OHIO, UNITED STATES, January 7, 2019 /EINPresswire.com/ -- DannLaw attorneys today filed suit against Wells Fargo on behalf of two borrowers who lost their homes after the bank refused to grant mortgage loan modifications for which they qualified.

01/04/19

The embarrassment that is Wells Fargo
Editorial boards prefer to be prescriptive with the opinions we offer. A good gripe might be satisfying, but it’s more productive when that comes with suggestions on how things might get better.

01/04/19

Texas Two Step: “Successors and Assigns”
Homeowners are losing to legal presumptions arising from apparently facially valid documents. Thus defensive strategies, tactics and narratives should include a robust attack on the facially validity of the instruments relied upon by parties seeking foreclosure.

01/02/19

Repeated errors cost hundreds of people their homes—now Wells Fargo wants to buy their silence
A class-action lawsuit alleges that Wells Fargo screwed up the same exact way almost 900 times, costing over 500 people their homes. As with most of Wells Fargo’s previous “errors” that caused widespread devastation, the horse-and-wagon bank has made an insufficient attempt to make good with its victims by pleading ignorance and throwing not nearly enough money at the problems it created.

01/02/19

Federal lawsuit accuses Wells Fargo of unlawful foreclosure of Starkville man's home
A Starkville daughter and father have filed a federal lawsuit against Wells Fargo Home Mortgage alleging the national bank unlawfully foreclosed on the father’s home while still negotiating with them.

01/02/19

ENTER 2019 AND THE NEW MERS!
If you haven’t been paying attention to the “new and improved MERS”, you should be. As of October of last year, Intercontinental Exchange, Inc. (“ICE”; the same bunch that owns the New York Stock Exchange) took over MERSCORP Holdings, Inc. and Mortgage Electronic Registration Systems, Inc.

01/02/19

Standing Rock’s Surprising Legacy: A Push for Public Banks
The effort to divest from Wall Street—and stop environment-killing projects gained momentum after the historic pipeline protest. Here’s what a city needs, and could gain, from municipal banking.

01/01/19

"Foreclosure Machine." Meet the man who coined the phrase: mild mannered plain speaking Robert M Janes
Ringing in the new year with more good enlightening analysis from a mentor of mine for over five years, Robert M. Janes, attorney retired. California homeowners especially but any homeowners throughout the country have a true hero and guide in the author of book Fighting the Foreclosure Machine

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