Daily News related to the Foreclosure Crisis

The biggest unpunished heist in human history - Max Keiser

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Mortgage Servicing Fraud
occurs post loan origination when mortgage servicers use false statements and book-keeping entries, fabricated assignments, forged signatures and utter counterfeit intangible Notes to take a homeowner's property and equity.
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12/31/21

About Me And Why I Decided To Start This Newsletter Glenn Russell

About Me And Why I Decided To Start This Newsletter
After passing the bar, I then successfully argued one of the most high-profile cases involving mortgage foreclosure in America, [U.S. Bank Nat’l Ass’n v.Ibanez, 458 Mass. 637 (Mass. SJC 2011)]. The oral argument before the Massachusetts Supreme Court can be seen here [Note, that I am the second attorney to speak for the Appellees on behalf of the LaRace family]. 1 I have continued to defend the LaRace family after the “Ibanez” decision. The financial industry is a “terminator” that does will stop advancing until it takes a house at foreclosure. The LaRace home is roughly valued at $140,000.00. During the subsequent ten (10) years and three subsequent lawsuits I have represented the LaRace family in, Wells Fargo Bank, N.A., and its “mortgage servicer” has spent many multiples of that figure, while I have never taken any fee, which includes the representation before the Massachusetts Supreme Judicial Court in “Ibanez”. Please see my website blog post here, for pleadings, transcripts, and the like from the ongoing LaRace litigation. Note, that arguing these cases is not for the faint of heart. The financial industry is also a formidable opponent with very deep pockets.

12/31/21

By Pancaking Term Loans, JPMorgan Had $30 Billion Outstanding from the Fed’s Emergency Repo Loans in the Last Quarter of 2019 Wall Street On Parade

By Pancaking Term Loans, JPMorgan Had $30 Billion Outstanding from the Fed’s Emergency Repo Loans in the Last Quarter of 2019
Jamie Dimon, Chairman and CEO of JPMorgan Chase, likes to perpetually brag about his bank’s “fortress balance sheet.” But in the fall of 2019, that fortress needed to borrow huge sums of money from the Federal Reserve – for still unexplained reasons.

12/31/21

The Peculiar Corruption at the Heart of Most Foreclosure Cases Living Lies

The Peculiar Corruption at the Heart of Most Foreclosure Cases
I would ask HUD, and CFPB why they are not investigating and fining entities like PennyMac and Wells Fargo who frequently start cases in which the lawyers claim they are the creditor and then later admit to only being the servicer without ever actually

12/30/21

Delaware Federal District Court Challenges the Ghost Nature of REMIC Trusts and BY Implication the Role of Trustees Living Lies

Delaware Federal District Court Challenges the Ghost Nature of REMIC Trusts and BY Implication the Role of Trustees
OK. This is subject to rehearing, reconsideration and appeal. But in Delaware where the financial industry is coddled to the point of absurdity (statutory trusts are not trusts), this ruling is highly significant. Allow me to say “I told you so.”

12/29/21

BetterMarkets.com publishes report on bailouts totaling $27 trillion. Can’t we do better than this? Living Lies

BetterMarkets.com publishes report on bailouts totaling $27 trillion. Can’t we do better than this?
Out of sign, out of mind. This report correctly describes the total in “bailouts” that went not to depository institutions but to risk-takers and frankly law violators on Wall Street. And part of the “bailout” was that those same businesses were suddenly chartered overnight to be licensed as commercial banking institutions — so that the “bailouts” could be received by them.

12/29/21

Wilmington Entities in Foreclosure Living Lies

Wilmington Entities in Foreclosure
The “Wilmington” name shows up with what appears to be increasing frequency in foreclosures. The bottom line, in my opinion, is that whenever the “Wilmington” name appears in foreclosure cases, it is an attempt to launder title such that

12/28/21

Oregon home mortgage foreclosures moratorium expires on Friday; free help available KTVZ

Oregon home mortgage foreclosures moratorium expires on Friday; free help available
SALEM, Ore. (KTVZ) — The foreclosure moratorium in Oregon that will end on Friday, Dec. 31 was established to prevent foreclosures for those who lost income or were unable to pay their mortgage as a result of the COVID-19 pandemic.

12/28/21

The Fed’s Doomsday Prophet Has a Dire Warning About Where We’re Headed Politico

The Fed’s Doomsday Prophet Has a Dire Warning About Where We’re Headed
Thomas Hoenig knew what quantitative easing and record-low interest rates would bring.

12/28/21

Destroying, Hiding or Fabricating Evidence: Doctrines Regarding Spoliation of Evidence Living Lies

Destroying, Hiding or Fabricating Evidence: Doctrines Regarding Spoliation of Evidence
The latest issue of the Florida Bar journal contains several interesting articles. One of them is entitled “Spoliation of Evidence and Non-party witnesses.” The author is Gary M Glassman, who is the attorney for Daytona Beach.

12/27/21

Stop Using the Labels: Homeowners Lose Foreclosure Cases When They Refer to the “Servicer” Living Lies

Stop Using the Labels: Homeowners Lose Foreclosure Cases When They Refer to the “Servicer”
You need to challenge the status of the company claiming to be a servicer by finding out what functions they really perform. I know I have contributed to the problem, but I think it’s time to stop using the labels that are promoted by the banks.

12/27/21

Congresswoman Maxine Waters Steps into the Ring as Referee in the Battle for Control of the FDIC Wall Street On Parade

Congresswoman Maxine Waters Steps into the Ring as Referee in the Battle for Control of the FDIC
Maxine Waters is the Chair of the House Financial Services Committee. That Committee oversees the nation’s banks, including the megabanks on Wall Street that are serially charged by prosecutors with ever creative ways of looting the public. Waters’ Committee also oversees the bank regulators, which are frequently “captured” by Wall Street. One of those bank regulators has now come into the cross hairs of Waters.

12/25/21

Colorado will start oversight of fast-growing non-bank mortgage companies on Jan. 1 Colorado Public Radio

Colorado will start oversight of fast-growing non-bank mortgage companies on Jan. 1
In the years since 2008's Great Recession, lending companies that aren’t regulated by the state government, from Quicken Loans to PennyMac, have come to dominate Colorado's mortgage market. That lack of scrutiny is about to change. Starting Jan. 1, Colorado's government will finally begin oversight of mortgage providers that operated outside of Colorado banking regulations. “In Colorado, we’re actually one of the last states to take action to give our state government the authority to oversee these non-bank mortgage servicers,” said Attorney General Phil Weiser. “Most states already have these regulatory oversight in place … And we’ve now addressed that failing.”

12/24/21

Dallas Fed, Home to the Largest Trading Scandal in Fed History, Quietly Runs a Help-Wanted Ad for a New General Counsel and Ethics Officer Wall Street On Parade

Dallas Fed, Home to the Largest Trading Scandal in Fed History, Quietly Runs a Help-Wanted Ad for a New General Counsel and Ethics Officer
The Dallas Fed has not publicly announced the retirement or dismissal of its General Counsel, Sharon Sweeney. And yet, it is currently running a help-wanted ad to replace her.

12/24/21

“I challenged that and the judge completely ignored the report and my challenge”: How homeowners without knowledge of legal requirements for practice in court lose cases they could have won. Living Lies

“I challenged that and the judge completely ignored the report and my challenge”: How homeowners without knowledge of legal requirements for practice in court lose cases they could have won.
People often tell me that they challenged something in court and that the judge completely ignored their challenge. The problem is that most people don’t know the elements of a legal challenge in court. Based upon my review of transcripts, reports, and proffers of evidence and testimony, nearly all such cases consist of raising questions in the expectation that the judge will answer the question.

12/23/21

Mortgage Delinquencies Improve While Active Foreclosures Fall Mortgage Orb

Mortgage Delinquencies Improve While Active Foreclosures Fall
In its report on the November 2021 month-end mortgage performance statistics, derived from its loan-level database representing the majority of the national mortgage market, Black Knight Inc. has found that the total U.S. loan

12/23/21

Court is Not a DYI Project Living Lies

Court is Not a DYI Project
Simple answer: pro se litigants can win and do win. But they mostly lose and they lose because they know nothing about court procedure.

12/23/21

OCC Report Shows JPMorgan Chase Owns 62 Percent of all Stock Derivatives Held at 4,914 Banks in the U.S. Wall Street On Parade

OCC Report Shows JPMorgan Chase Owns 62 Percent of all Stock Derivatives Held at 4,914 Banks in the U.S.
The Office of the Comptroller of the Currency (OCC), the regulator of national banks that operate across state lines, released a report on Monday that details the quantity and variety of derivatives held by commercial banks, savings associations and trust

12/22/21

A Bloomberg Column Says the Macho Culture and Risk-Taking on Wall Street Is Dead – in the Same Year that It Blew Up Archegos with 85 Percent Margin Loans Wall Street On Parade

A Bloomberg Column Says the Macho Culture and Risk-Taking on Wall Street Is Dead – in the Same Year that It Blew Up Archegos with 85 Percent Margin Loans
Two interesting things happened this week just one day apart. On Monday, the Office of the Comptroller of the Currency, the regulator of national banks, released its

12/22/21

Why You Need to Perform Investigation of Real Facts in the Real World Living Lies

Why You Need to Perform Investigation of Real Facts in the Real World
I state with great confidence that among those homeowners who perform and achieve a slam dunk win over the foreclosure lawyers, the great majority enjoy that victory because they did the investigation and hired a lawyer who knew what to do with the information (as opposed to slinging it at the judge and expecting the judge to make sense of it).

12/21/21

The Fed Gets Its Ducks in a Row for the Next Wall Street Bailout; Quietly Adds Goldman Sachs Bank, Citibank to Its New $500 Billion Standing Repo Facility Wall Street On Parade

The Fed Gets Its Ducks in a Row for the Next Wall Street Bailout; Quietly Adds Goldman Sachs Bank, Citibank to Its New $500 Billion Standing Repo Facility
Two interesting things happened this week just one day apart. On Monday, the Office of the Comptroller of the Currency, the regulator of national banks, released its

12/21/21

What is the name of your client, foreclosure lawyer? The answer may surprise you. Living Lies

What is the name of your client, foreclosure lawyer? The answer may surprise you.
There are judges across the land who are asking questions that are extremely uncomfortable for lawyers who are seeking protection under litigation immunity.

12/20/21

Justice Department and CFPB Put Landlords and Mortgage Servicers on Notice About Servicemembers’ and Veterans’ Rights US Dept. of Justice

Justice Department and CFPB Put Landlords and Mortgage Servicers on Notice About Servicemembers’ and Veterans’ Rights
The Department of Justice and Consumer Financial Protection Bureau (CFPB) issued two joint letters today regarding important legal housing protections for military families. One letter was sent to landlords and other housing providers regarding protections for military tenants. A second letter was sent to mortgage servicers regarding military borrowers who have already exited or will be exiting COVID-19 mortgage forbearance programs in the coming weeks and months.

12/20/21

Forbearance rate dips to 1.67% in November Housing Wire

Forbearance rate dips to 1.67% in November
The vast majority of homeowners have exited their forbearance plan, the MBA numbers reveal

12/20/21

Omarova Hit Job by Banks and Their Republican Senate Henchmen:This is why we can’t get regulators who want to do the job of protecting the people Living Lies

Undermining Justice From Within: How Government is Stifling the Ability of Homeowners, Lawyers and Even Judges from Protecting Basic Civil Rights Under Our Constitution
Sheila Bair was forced to resign as head of the FDIC. Very few people remember that Obama made her resign. That means she was fired. She objected to the “save the banks” strategy started by the Bush administration in 2008 and continued by the Obama, Trump and Biden Administrations.

12/19/21

Lancaster court to offer consumer debt resolution program in January Lancaster Online

Lancaster court to offer consumer debt resolution program in January
A new program to resolve credit card debt cases will begin Jan. 1 in Lancaster County Court. All cases that previously would have involved litigation will instead go into an alternative resolution program. The idea behind the credit card collection diversion program is to bring debtors and creditors together to work out their problems. The program is similar to the residential mortgage foreclosure diversion program created earlier this year; court officials wanted to get that in place first. That program started in August and had handled 72 cases as of Friday. That relatively low number reflects foreclosure moratoriums associated with pandemic, and the numbers will likely increase in the first quarter of 2022, according to program administrator Katherine Hecker. She noted that in 2019 there were 524 foreclosure cases here.

12/17/21

Undermining Justice From Within: How Government is Stifling the Ability of Homeowners, Lawyers and Even Judges from Protecting Basic Civil Rights Under Our Constitution Living Lies

Undermining Justice From Within: How Government is Stifling the Ability of Homeowners, Lawyers and Even Judges from Protecting Basic Civil Rights Under Our Constitution
The only thing Judges have heard from all corners of the body politic is that the transactions with homeowners were in fact loans — frequently admitted by homeowners who are equally ignorant — and that any other legal approach (to foreclosures) would give an undeserved windfall to homeowners — which would somehow undermine the entire financial and social system of our country.

12/16/21

Mike Fratantoni on MBA’s 2022 mortgage market forecast Housing Wire

Mike Fratantoni on MBA’s 2022 mortgage market forecast
A look at origination volume, mortgage rates and margins

12/15/21

Mortgage Experts Fear a Foreclosure Wave as Protections Come to an End Motley Fool

Mortgage Experts Fear a Foreclosure Wave as Protections Come to an End
When the COVID-19 outbreak first hit, it became clear that Americans would need all sorts of relief to stay afloat. That relief came in different forms -- stimulus checks, boosted unemployment benefits, and the option to pause mortgage payments through forbearance.

12/15/21

How a billion dollar housing bet upended a Tennessee neighborhood ICIJ

How a billion dollar housing bet upended a Tennessee neighborhood
Pandora Papers show a Wall Street plan to cash in on the foreclosure crisis by pouring money into rental homes, part of an unprecedented flow of global finance into US suburbs that has left stressed tenants in its wake.

12/15/21

Should I File Bankruptcy? Living Lies

Should I File Bankruptcy?
Although I am qualified to practice in bankruptcy court, I do not consider myself to be a competent qualified bankruptcy lawyer. On bankruptcy questions, you absolutely need to consult with a bankruptcy lawyer who only does bankruptcy.

12/14/21

Your State Could Decide to Open a Bank Pew Trusts

Your State Could Decide to Open a Bank
For many Americans with limited or no experience with bank accounts, navigating the fees and policies that would make them account holders can be intimidating. And many small business owners seeking loans just can’t meet the standards set by traditional banks.

12/14/21

You Can Use This As a Template for How I Would Respond in a Discovery Dispute — Especially with Wells Fargo, Fannie Mae and Wachovia as the Originator Living Lies

You Can Use This As a Template for How I Would Respond in a Discovery Dispute — Especially with Wells Fargo, Fannie Mae and Wachovia as the Originator
In a dispute between the attorney for the homeowner and the attorney for the alleged “lender”, there are a number of devices that are nearly universally applied across the country in order to ridicule and defeat the homeowner. The more you are aware of them, the better you will be prepared to deal with them.

12/13/21

Worried your house might end up in foreclosure? $197 million in relief funds can help AZ Central

Worried your house might end up in foreclosure? $197 million in relief funds can help
Opinion: If you own a home, meet certain income requirements and have experienced a financial hardship since 2020, you might qualify for help.

12/13/21

CFPB goes rogue under Rohit Chopra National Mortgage News

CFPB goes rogue under Rohit Chopra
In the final weeks of 2021, the mortgage industry received an unwelcome holiday gift from Consumer Financial Protection Board Director Rohit Chopra. The CFPB is preparing to announce multiple enforcement actions against several mortgage lenders for “deceptive practices” in dealing with COVID forbearance loans.

12/13/21

Biden Grants Disaster Assistance for Kentucky Tornado Survivors DS News

Biden Grants Disaster Assistance for Kentucky Tornado Survivors
HUD has announced the implementation and continuation of federal disaster assistance for areas in the Commonwealth of Kentucky affected by severe storms, straight-line winds, flooding, and tornadoes beginning on December 10, 2021.

12/13/21

Title automation allows for record volume Housing Wire

Title automation allows for record volume
Title365's Kristen Estrella discusses how the company is powering a new standard for a premium title insurance experience

12/13/21

Why Retailers Have a Stake in Maintaining the “Securitization” System Living Lies

Why Retailers Have a Stake in Maintaining the “Securitization” System
EVERYONE IS GETTING A PIECE OF THE SECURITIZATION PIE EXCEPT CONSUMERS WITHOUT WHOM IT WOULD NOT EXIST

12/10/21

Florida is dangerously close to losing its independent, impartial and fair judiciary | Opinion Yahoo News

Florida is dangerously close to losing its independent, impartial and fair judiciary | Opinion
High-rolling groups, both in Florida and from out of state, seem call the shots in the state’s local and statewide elections, pumping millions of dollars into campaigns and candidates they believe will have their backs when it comes time to legislate. The result is smooth sailing for these big-money groups, while regular Floridians barely get a life jacket to stay afloat.

12/10/21

Pierce County, Washington Superior Court - JP Morgan Chase Bank NA v. David Morton Scott Stafne

Pierce County, Washington Superior Court - JP Morgan Chase Bank NA v. David Morton
- Morton's Motion for Summary Judgment against Chase.

12/10/21

Foreclosure wave not in the cards as mortgage relief programs end Denver Post

Foreclosure wave not in the cards as mortgage relief programs end
Most borrowers are getting back on track, and those who can’t have equity to tap

12/10/21

Move over Fannie, the non-QM loan is in the fast lane Housing Wire

Move over Fannie, the non-QM loan is in the fast lane
In the world of mortgage-financing, there exists a product line defined by what it is not — non-qualified mortgage (non-QM), non-prime, non-agency or an alternative-documentation loan.

12/10/21

Tired of Banks Ruining Your Life? Being Angry Is Not Enough! Living Lies

Tired of Banks Ruining Your Life? Being Angry Is Not Enough!
There is an important difference between sending letters to regulators complaining about lack of action on behalf of consumers and sending a QWR, DVL and complaints to CFPB and State Attroeny General on specific cases.

12/09/21

Statutes of Limitation in the Land of Enchantment DS News

Statutes of Limitation in the Land of Enchantment
The New Mexico Court of Appeals recently concluded that a foreclosure action was not barred by the statute of limitation where a borrower made good faith payments and acknowledged the underlying debt in a signed affidavit.

12/08/21

Homeowners Win Only When They Litigate Properly — Not Because They Are Right Living Lies

Homeowners Win Only When They Litigate Properly — Not Because They Are Right
There is a difference between securitization, on the one hand, and securitization of debt, on the other. They are not the same thing. The entire scheme that is currently advertised or represented as securitization of debt is false.

12/07/21

2021 update - Olympic Gold Medalist Cindy Brown Wins Hearing and Stunning Court Victory Cindy Brown

2021 update - Olympic Gold Medalist Cindy Brown Wins Hearing and Stunning Court Victory
on Constitutional Right to Due Process and Dignity for Self-Represented Litigants Facing Vexatious Litigant Motions

12/07/21

Read This Article in Forbes Before It Gets taken Down Living Lies

Read This Article in Forbes Before It Gets taken Down
https://www.forbes.com/advisor/debt-relief/using-debt-verification-debt-validation-letters
It’s a business. Anyone can make a claim. Anyone can say that they are representing someone who has a claim. If you don’t contest it, the claim might be presumed as valid even though it has no basis in fact.

12/07/21

“Black Knight”: Banks Are Peddling A False National Narrative of Declining Foreclosures Living Lies

“Black Knight”: Banks Are Peddling A False National Narrative of Declining Foreclosures
I’m busy today so I can’t publish my usual long analytical article. But one thing that is constantly staring at me is the fact that the national press and news releases are in basic conflict with local media. And the fact that local media is going out of business isn’t helping.

12/06/21

Magna Bank, N.A. as Trustee for registered holders of certificates issued under the name of the Macandcheese Acquisition Trust, Inc. an inactive corporation, for a nonexistent trust, series 2022-XL-1 Living Lies

Magna Bank, N.A. as Trustee for registered holders of certificates issued under the name of the Macandcheese Acquisition Trust, Inc. an inactive corporation, for a nonexistent trust, series 2022-XL-1
So a friend of mine left her phone in my car. Here is what I wrote to her: Thank you for leaving your phone in my possession, which as you know is 9/10s of the law. That means that even though you paid for it and you received ownership from the seller, I can now claim it as my property. So by possessing the phone I was able to issue and sell several certificates based upon the possible rental income I would receive from you for access to the phone you already own.

12/04/21

Foreclosure Resources: Who to Call for Help Idaho Legal Aid Services

Foreclosure Resources: Who to Call for Help
For the basics on understanding foreclsoure, visit: https://www.usa.gov/foreclosure The Making Home Affordable (MHA) program provides help, including free counselors for advice and assistance with keeping you in your home or getting out safely. Visit the MHA website https://www.makinghomeaffordable.gov/pages/default.aspx to learn what options you have and what you need to prepare. MHA has a hotline you can call anytime: 1-888-995-HOPE (tel:18889954673) or TTY 1-877-304-9709.

12/03/21

NJ bill tries to keep foreclosed homes within families and discourage investor flipping Living Lies

NJ bill tries to keep foreclosed homes within families and discourage investor flipping
New Jersey is trying to make it easier for family members or low-income buyers to purchase foreclosed homes by removing barriers during sheriff’s sales — and discourage big investors from flipping foreclosed homes — under a bill that passed through committees this legislative session.

12/03/21

How Could This Not Be a Loan? Living Lies

How Could This Not Be a Loan?
if the investment bank paid the homeowner as an incentive payment rather than as a loan, then there is no debt any more than salary or wages can later be called a loan. The fact that the

12/02/21

Thousands could soon lose – or sell – their homes as Covid mortgage bailouts expire CNBC

Thousands could soon lose – or sell – their homes as Covid mortgage bailouts expire
Hundreds of thousands of homeowners could soon lose or sell their homes as Covid-related mortgage bailout programs expire.

12/02/21

Community Ventures receives $400,000 award from NeighborWorks Herald Magazine

Community Ventures receives $400,000 award from NeighborWorks
LEXINGTON, Ky. — Community Ventures has been awarded $400,420 in federal funding by NeighborWorks America via the American Rescue Plan Act of 2021, a bill that provides additional relief

12/01/21

Charting a Course DS News

Charting a Course
2021 was, in many ways, a year of transition, and in some ways a year of waiting for that transition to truly take hold. The mortgage servicing industry rose to the challenge of adapting to remote or hybrid work models while also assisting millions of struggling homeowners weather the unexpected storms of 2020.

12/01/21

Judge is kicked off foreclosure case that morphed into 'ever-escalating battle' ABA Journal

Judge is kicked off foreclosure case that morphed into 'ever-escalating battle'
A Florida appeals court has kicked a judge off a foreclosure case and barred her from considering an order to show cause that alleges perjury by the Bank of New York Mellon and others associated with the case.

12/01/21

Here is How Wall Street Smoke and Mirrors Works Living Lies

Here is How Wall Street Smoke and Mirrors Works
The idea that some company bearing the label of “servicer” is performing financial functions and accounting on behalf of an investor, a trust, a trustee is completely false from end to end.

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