Articles Related To Mortgage Servicing Fraud

Date	Article Articles are added weekly	Source	Comment
10/28/22	Attorney Gary Dubin Does it Again In Hawaii: Persistence Pays	Living Lies	Attorney Gary Dubin Does it Again In Hawaii: Persistence Pays Gary Dubin is one of the few lawyers with more life and legal experience than I have. While I have won most of my trial cases, Dubin has been consistently winning both trial and appellate cases, especially concerning false claims of foreclosure. Here is another one that displays his talent for narrowing the legal issues to something that a homeowner can actually win. see CAAP-18-0000326sdo I’m unsure if he entirely agrees with my description of why the actors in foreclosure scams resorted to fake documents and unsupported claims. And truth be told, he probably does not care. He is merely following the tradition — when defending, question everything, admit nothing and make the claimant prove their case. Once he has prevented the opposition from proving their case, his job is over. The homeowner wins.
10/27/22	No REMIC Trust, No MBS, No Trustee, No Beneficiaries, No “Thing” Transferred to Trustee — but other than that the claim is legal	Living Lies	No REMIC Trust, No MBS, No Trustee, No Beneficiaries, No “Thing” Transferred to Trustee — but other than that the claim is legal contrary to popular belief, if the foreclosure is allowed, no trust, no beneficiary, no certificate holder, and no trustee or servicer is ever going to see the money proceeds from the liquidation of the property.
10/27/22	Fed’s Powell Calls U.S. Economy “Robust” as Personal Savings Rate Collapses to Same Level as in Financial Crisis of 2008	Wall Street On Parade	Fed’s Powell Calls U.S. Economy “Robust” as Personal Savings Rate Collapses to Same Level as in Financial Crisis of 2008 At Fed Chair Jerome Powell’s press conference on September 21, he made a remark that went unchallenged by the bevy of reporters in attendance. Powell said this: Fed Chair Jerome Powell Testifying Before Senate Banking Committee, November 30, 2021 Fed Chair Jerome Powell Testifying Before Senate Banking Committee, November 30, 2021 “This is a strong, robust economy. People have savings on their balance sheet from the period when they couldn’t spend and where they were getting government transfers. There’s still very significant savings out there, although not as much at the lower end of the income spectrum — but still, some savings out there to support growth.
10/27/22	US Serious Mortgage Delinquency Rate Returns to Pre-Pandemic Low in August, CoreLogic Reports	Business Wire	US Serious Mortgage Delinquency Rate Returns to Pre-Pandemic Low in August, CoreLogic Reports IRVINE, Calif.--(BUSINESS WIRE)--CoreLogic, a leading global property information, analytics and data-enabled solutions provider, today released its monthly Loan Performance Insights Report for August 2022.
10/26/22	Practice Implications of Fifth Circuit Ruling That CFPB Funding Unconstitutional	NCLC	Practice Implications of Fifth Circuit Ruling That CFPB Funding Unconstitutional On October 19, a three-judge panel of the U.S. Court of Appeals for the Fifth Circuit ruled that the Consumer Financial Protection Bureau’s (CFPB) funding mechanism is unconstitutional, and that the CFPB’s Payday Lending Rule is invalid because it was promulgated using unconstitutional funding.
10/26/22	JPMorgan Chase Quietly Settles Whistleblower Case Involving Charges of Keeping Two Sets of Books and Improper Payments to Tony Blair	Wall Street On Parade	JPMorgan Chase Quietly Settles Whistleblower Case Involving Charges of Keeping Two Sets of Books and Improper Payments to Tony Blair It was a lawsuit that should have made front page headlines in every major newspaper in America and on the evening television news. Instead, as we predicted, it was quietly settled on Monday, just 10 business days before a trial was scheduled to begin. The dollar amount of the settlement was not disclosed. Yesterday, Wall Street’s paper of record, the Wall Street Journal, devoted a mere 299 words to the settlement and the details of the case.
10/26/22	Stop Looking for Corruption and Start Defending	Living Lies	Stop Looking for Corruption and Start Defending This quote is incorrect: “The judges have a duty to see this and turn a blind eye.” Judges have no duty to see anything other than what is in the court record. They also have no duty to inquire. The fact that they might do so in one case or another does not create a duty. It only means they have broad discretion as long as their inquiry relates to the fundamental allegations being litigated.
10/25/22	The Bees of Wrath Rorie Woods knew foreclosure all too well. And when her friend was evicted, she rushed over with a venomous posse.	NY Magazine Intelligencer	The Bees of Wrath Rorie Woods knew foreclosure all too well. And when her friend was evicted, she rushed over with a venomous posse. The overnight chill continued into a recent morning in Longmeadow, Massachusetts, when sheriff’s deputies arrived at 49 Memery Lane. It would have been a perfect fall day but for the unpleasant business at hand: the eviction of Alton King Jr., a 79-year-old retiree who had lived at the address for decades. He’d spent the past few years fighting foreclosure,
10/25/22	Ocwen/PHH Servcing? Maybe a subpoena to Scott Anderson will shake the tree	Living Lies	Ocwen/PHH Servcing? Maybe a subpoena to Scott Anderson will shake the tree Ocwen is the parent company, and PHH is said to be a subsidiary and subservicer in charge of underperforming or nonperforming accounts. Those who read these pages know that I have taken the position, successfully in many court cases, that Ocwen is not doing anything, and neither is PHH. They are fronts for third-party FINTECH companies (mainly CoreLogic, FiServ and BlackKnight).
10/25/22	A Former Goldman Sachs/Hedge Fund Guy Is the New U.K. Prime Minister	Wall Street On Parade	A Former Goldman Sachs/Hedge Fund Guy Is the New U.K. Prime Minister The newly installed U.K. Prime Minister, Rishi Sunak, (the third PM in seven weeks) has scrubbed his Goldman Sachs and hedge fund career from his LinkedIn profile and from his official government bio. But, unfortunately for Sunak, those careers have been assiduously chronicled in countless newspaper articles for more than a decade – and not in a good way.
10/24/22	Foreclosure Defense does not mean proving any facts	Living Lies	Foreclosure Defense does not mean proving any facts The absence of an unpaid loan account on the books and records of the alleged “successor lender” is all you need to defeat the foreclosure, and that is also sufficient to tee up the case for a lawsuit for wrongful foreclosure.
10/21/22	Press Release: Eviction Not Final Outcome of 16 Year Predatory Discriminatory Loan	MAAPL	Press Release: Eviction Not Final Outcome of 16 Year Predatory Discriminatory Loan On Thursday, October 20, 2022, the Mass Alliance Against Predatory Lending (MAAPL) released a statement to the media regarding the wrongful eviction case of Alton King, a Black senior with a disability. King has an open case in the Massachusetts Appeals Court. MAAPL has also been working with other organizations to convince the Supreme Judicial Court of Massachusetts to reverse its decision in King’s original case. More details about the SJC’s original decision, and MAAPL’s response to the decision, are available here on the MAAPL website. For recent Western MA media coverage of this case, see this news item. Download the complete Press Release ( PDF ) Mass Alliance Against Predatory Lending (MAAPL) www.maapl.info and maaplinfo@gmail.com For Immediate Release: October 20, 2022 Contact: Grace Ross 617-291-5591 EVICTION NOT FINAL OUTCOME OF 16 YEAR PREDATORY DISCRIMINATORY LOAN Longmeadow, MA, October 12, 2022, the eviction started at 9am but the Execution to Evict Alton King expired at 11:59pm. Yet, on Thursday, October 13th, the Hampden County Sheriff deputies were found still on King’s property, with moving trucks; and continuing a move-out while they no longer had an authorizing Order to Evict. King, meanwhile, received a Bankruptcy Stay on Thursday, October 13, 2022 around 8:35 a.m. Being evicted, even though the eviction case came about exemplifying the absolutely most predatory type of loan, not legal under any mortgage law; King’s loan epitomizes practices repeatedly prohibited by State and Federal law and Federal and State case-law since they began 160 years ago. Unbeknownst to King, the underwriting of his property by the lender only offered him a bifurcated loan almost $400,000 more than the property was worth, trapping him in an unaffordable loan that ballooned in a couple of years, to over three times the monthly payment he was originally told. But what he only found out after they claimed to have foreclosed on the prohibited loan, was that it was a double-book entry loan, where he was being sent bills for a lower interest rate than the bank was actually using, to build up how much he would owe over time; so that after 30 years of paying, he would actually owe more (that he had not been assessed monthly in his billing) principal than he had when he first got the loan. Alton King, as an African American senior with a disability, was illegally induced into an unsustainable and prohibited loan. King’s monthly payment mushroomed from $3200/month to $13,400/month. The mortgage was based on a 150% over inflated appraisal; when the $410,000 addition was placed on the home the appraised value dropped $250,000. The bank refused to give a conventional loan as promised. Former Attorney General Harshbarger fixed this predatory lending problem 30 years ago with regulations and a criminal law; when that failed the Predatory Home Loan Practices Act (PHLPA) was enacted in 2004, but the courts have refused to enforce all of these. Fast-forward through: unsuccessful attempts to get a loan modification, three years of court cases post a purported non-judicial foreclosure (because no court oversees the foreclosure by sale process in Massachusetts). Finally, the judges he was in front of waited-out King’s various legal rights to a Stay, by denying him the documents necessary to exercise his rights to appeal a renewed order to evict. As King himself reports: “The judiciary, from the Massachusetts Supreme Judicial Court down to through all the courts have thus far largely ignored enforcement of those protections. Falsified documents are routinely accepted by the courts from bank attorneys, who seemed to have No Fear of repercussions, to validate the wrongful foreclosures. Justice requires accountability for those who violate their positions of trust. The recent MA SJC decision in the HSBC Bank, as Trustee v. Morris case (July 2022) has made it clear that predatory loans are not going to be tolerated. Not only is there extensive evidence now of the bifurcated history of mortgage lending in this country and the clear history of discrimination, but I documented the equal rights violations in the Housing Court proceeding, itself, at minimum, as to age and disability. As a senior Black man with a disability, I know from personal experience of 16 years of mortgaging and then foreclosure and not that Courts what our laws hold, that the experience of unequal treatment that is not timely rectified is also recognized as an irredeemable loss. Such treatment left unremedied not only leaves an indelible mark but lack of protection signals that the victim, such as me, is not even held as worthy of the protections guaranteed in our state and federal constitutions: “even a successful suit will not vindicate entirely King’s right to be free from discriminatory treatment. Our Constitutions’ guarantee of equal protection cannot conscience denial of a stay of eviction and provision of all his full rights. Millions of Americans, a disproportionate number of them being Black, minorities, elderly, Indigent, and disabled, are being targeted. The predatory institutions act with impunity, especially knowing that there is tremendous profit and almost no risk in taking advantage of Black people, minorities, elderly, indigent, and disabled.” As of today, King has exercised his rights to a Stay under bankruptcy. The Hampden County Sheriff’s office sits in a legally untenable position of withholding King’s own personal possessions from him by locking him out of the house and yet not allowing him access to possessions in the house, including legal documents that he has a right to. King has an open case in the Massachusetts Appeals Court; he has a right to reverse the eviction judgment under the Morris decision that has been not even properly reviewed, and therefore he has a right to have heard. And he is exercising all of his options to enforce his rights at this time. As King says: “I call on the world, right now, to stand on the right side of justice and recognize that it is only a matter of time now, that the wealthiest institutions are going to have to face justice regarding decades of knowing discriminatory lending (race, age, disability, and for other homeowners, such for instance as Rorie Susan Woods, herself, victim of sexist lending), all of which has been outlawed for some 50 years.” (END)
10/21/22	Consumer Ignorance: CFPB was your best bet and now you are about to lose it	Living Lies	Consumer Ignorance: CFPB was your best bet and now you are about to lose it Several people have greeted the latest news with a yawn. It’s about the 5th Circuit Court of Appeals opining that the CFPB funding was contrary to the required constitutional separation of powers — and, therefore, could not legally do anything. Most readers seem to think that there is no help coming from the Federal government and that the burden of defending the illegal, fraudulent foreclosures was simply too much to take on. So they gave up.
10/21/22	Foundation evidence: If you REALLY want to beat the banks	Living Lies	Foundation evidence: If you REALLY want to beat the banks Stop thinking that you know all about finance, law and lending. If you assume that you know absolutely nothing and that you want to know absolutely everything, you will get better terms in a transaction and a much higher likelihood of winning in litigation.
10/20/22	When Spokeo rears its ugly head	Clouded Titles	When Spokeo rears its ugly head Here we go again … another case in federal appeals court … another recognized attempt by a homeowner that failed when applied to the Spokeo v. Robins case handed down by the United States Supreme Court, 578 U.S. 330 (2016). See the case below:
10/20/22	Settlements virtually admitted virtual fraud but failed to protect consumers/homeowners	Living Lies	Settlements virtually admitted virtual fraud but failed to protect consumers/homeowners Some people have discovered that in the settlements that have been published, the major financial institutions and the governments of various states have agreed to programs in which monetary relief was granted to the states, but not the homeowners to any material degree.
10/20/22	Wall Street wins again in Fifth Circuit Court of Appeal	Living Lies	Wall Street wins again in Fifth Circuit Court of Appeal The latest decision striking the funding of the CFPB is a perfect example of that impact. The fifth circuit Court of Appeal has made circular logic into an art form. * Congress passed the statutory authority and charter for the CFPB to act. Congress passed the statutory authority for the CFPB to be funded up to a certain amount and to be disbursed by the Federal Reserve. *
10/19/22	Mortgage demand drops to a 25-year low, as interest rates climb	CNBC	Mortgage demand drops to a 25-year low, as interest rates climb Mortgage demand, which has suffered four straight months of declines, fell last week to the lowest level since 1997, as interest rates continued to rise. Homebuyers’ demand for mortgages dropped 4% for the week and was 38% lower than the same week one year ago, according to the Mortgage Bankers Association. Applications to refinance a home loan fell 7% compared with the previous week, in seasonally adjusted terms. Demand was 86% lower than the same week one year ago.
10/19/22	This Time Will Be Different: One or More Corporations Will Blow Up from Derivatives along with Global Banks	Wall Street On Parade	This Time Will Be Different: One or More Corporations Will Blow Up from Derivatives along with Global Banks Today, we will be asking the Senate Banking Committee, its Chair, Senator Sherrod Brown, and one of its most knowledgeable members, Senator Elizabeth Warren, to call an emergency hearing and subpoena the testimony of two brilliant researchers for the Office of Financial Research. Those researchers are Andrew Ellul and Dasol Kim.
10/19/22	Housing advocates fighting against Longmeadow eviction that ended in bee attack	Western Mass News	Housing advocates fighting against Longmeadow eviction that ended in bee attack LONGMEADOW, Mass. (WGGB/WSHM) - We begin with an arrest in Longmeadow that has many people talking. A woman released bees on sheriff’s deputies, trying to stop an eviction. Now, representatives of the homeowner who was evicted on Memery Lane in Longmeadow say the eviction was unlawful. The Massachusetts Alliance Against Predatory Lending, also known as MAAPL, said that homeowner Alton King was wrongfully removed from his home. On October 12th, the Hampden County Sheriff’s Office was conducting a court-ordered eviction of this Longmeadow home, which made headlines when a woman protesting the eviction unleashed boxes of bees to sting the officers in an attempt to stop the eviction.
10/19/22	Fraud-based actors using MERS turned a hefty profit and were never held to account	Living Lies	Fraud-based actors using MERS turned a hefty profit and were never held to account The only beef I have with the article cited in the link below is that it fails to ask, “why?” Why were fabricated documents needed at all? Why was MERS needed at all? Why were “servicers” needed at all? The rise of “servicers” only occurred within a specific period in a very specific sector of the marketplace. And they performed no servicing functions —- even though lawyers produced “records” of such activities in pursuit of foreclosure.
10/18/22	Why You Should Care About “Casino Banking”	Living Lies	Why You Should Care About “Casino Banking” The simple answer is because they are robbing you blind. And you are blind because they are hiding behind multiple layers of curtains.
10/17/22	BofA Acquired Countrywide But Tried to Say It Didn’t	Living Lies	BofA Acquired Countrywide But Tried to Say It Didn’t In the palace of smoke and mirrors that is securitization, everyone is allowed to say they understand the infrastructure even though hardly anyone has the education, training, information, and experience to know anything about it. Even most investment bankers do not grasp the enormity of this scheme which was part straight fraud and part PONZO scheme.
10/15/22	Home buyers turn to riskier loans as interest rates soar	NBC	Home buyers turn to riskier loans as interest rates soar WASHINGTON — Home buyers feeling financially squeezed by higher interest rates are increasingly being steered by real estate agents and mortgage brokers to potentially riskier types of mortgages, similar to those seen ahead of the 2008 financial crisis, causing concern among some consumer advocates and industry analysts.
10/15/22	Nationwide foreclosures are up over pre-pandemic levels	Clouded Titles	Nationwide foreclosures are up over pre-pandemic levels Attom Data (which supplies information to RealtyTrac®) has released a fairly comprehensive report which indicates that foreclosure starts are up 167% from a year ago! What’s worse is that the average time to foreclose nationwide has decreased 4% from a year ago, which can only mean that the banks and their mortgage loan servicers have become more aggressive in their foreclosure processes.
10/14/22	Avoiding foreclosure and saving your home.	WKBW	Avoiding foreclosure and saving your home. When people get that notice, where do they start? Erie county clerk, Kearns says first, open up your mail. You have to open your mail and be aware that you have rights as homeowners in New York State. He says the first thing you do, if you are behind on your loan is please stay in your home, that’s number one, stay there.
10/14/22	How Foreclosure Mills Introduce Newly Fabricated False Documents Before Trial	Living Lies	How Foreclosure Mills Introduce Newly Fabricated False Documents Before Trial The simplest way to get a new document into evidence at trial is to list it on the pretrial catalogue and include a copy of it when serving the homeowner or counsel for the homeowner. * I have seen this ploy used hundreds of times and it usually works because the document is listed as something that the homeowner believes he or she has already seen. But it is brand new and it changes the entire case. The case proceeds as though something else was in the pleading filed against the homeowner.
10/13/22	US foreclosure starts increase 167 percent from year ago, Vermont lowest rate in nation	Vermont Biz	US foreclosure starts increase 167 percent from year ago, Vermont lowest rate in nation Vermont Business Magazine ATTOM(link is external), a leading curator of real estate data (link is external)nationwide for land and property data, released its Q3 2022 U.S. Foreclosure Market Report, which shows there were a total of 92,634 U.S. properties with foreclosure filings(link is external) — default notices, scheduled auctions or bank repossessions — up 3 percent from the previous quarter and 104 percent from a year ago. Meanwhile, Vermont has seen foreclosures decrease and the state has by far the lowest rate in the nation at 1 per 22,288 housing units. Illinois had the highest at 1 per 694 HU (7,821 total). Over the last year, there have been only 15 foreclosure filings in Vermont. California (10,850) and Florida (9,284) had the most filings.
10/13/22	Start at the Beginning: The Old Documents Reveal Everything	Living Lies	Start at the Beginning: The Old Documents Reveal Everything Homemowners should be willing to go toe to toe with their tormentors — foreclosure mills acting on behalf of investment banks and companies pretending to be servicers. You need not believe that there is no loan account; you just need to act like that is true and you will probably achieve a satisfactory result. This is only fair. Your opposition has no loan account but is pretending there is one.
10/13/22	Casino Banking: Wall Street Mega Banks Traded More in their Federally-Insured Bank than the Total for their Bank Holding Company”	Wall Street On Parade	Casino Banking: Wall Street Mega Banks Traded More in their Federally-Insured Bank than the Total for their Bank Holding Company When something happens for the first time in history at federally-insured banks, Congress and federal regulators need to pull their heads out of the sand and pay attention. We’re talking about the fact that in the second quarter of this year, trading revenues at federally-insured commercial banks eclipsed the trading revenues at bank holding companies – which typically include subsidiaries where traders actually have licenses to trade.
10/12/22	Home sales are going to nosedive in 2023, Fannie Mae says	Housing Wire	Home sales are going to nosedive in 2023, Fannie Mae says The forecast for the housing market in 2023 gets worse by the month, with the latest report predicting a million-plus decline in existing home sales. Fannie Mae‘s Economic and Strategic Research (ESR) Group now forecasts
10/12/22	One small step for refinancing, one giant leap for inequality	First Tuesday	One small step for refinancing, one giant leap for inequality Foreclosure is the ultimate threat to homeowners, a threat which pandemic-induced job losses made all too real. In March 2020, the Coronavirus Aid, Relief, and Economic Security (CARES) Act alleviated the overwhelming pressure by offering forbearance programs for homeowners in default on their mortgage payments. A forbearance program temporarily staves off foreclosure while the servicer works with the homeowner to bring the mortgage current.
10/11/22	Nearly a Million Americans Fear Losing Their Home to Foreclosure	DSNews	Nearly a Million Americans Fear Losing Their Home to Foreclosure With inflation at a high and increased home prices fueled by the pandemic, the latest study from LendingTree revealed it may be difficult for some households to afford necessary expenses, resulting in some falling behind on their mortgage payments and facing foreclosure.
10/11/22	Nomi Prins’ New Book: “No One Wanted to Call the Fed’s QE a Ponzi Scheme. But It Was.”	Wall Street On Parade	Nomi Prins’ New Book: “No One Wanted to Call the Fed’s QE a Ponzi Scheme. But It Was.” Wall Street veteran Nomi Prins’ new book is being released today with a title that should give every member of the Senate Banking and House Financial Services Committees pause: Permanent Distortion: How the Financial Markets Abandoned the Real Economy Forever. The book does what neither of these Committees has done for the American people. It explains how the financial crash of 2008 unleashed an unbridled and unaccountable Fed as Wall Street’s permanent sugar daddy,
10/11/22	Nearly 6,000 Erie County homeowners get pre-foreclosure notices	Buffalo News	Nearly 6,000 Erie County homeowners get pre-foreclosure notices Nearly 6,000 mortgage borrowers in Erie County have received a pre-foreclosure notice in the past 12 months, and nearly 700 are now facing the start of formal foreclosure proceedings in court, as lenders catch up on loan defaults and property seizures that were delayed by the Covid-19 pandemic, according to the Erie County Clerk's office.
10/11/22	No it is NOT a “Payment History” even if it is labeled as such and even if a witness testifies that it is a payment history	Living Lies	No it is NOT a “Payment History” even if it is labeled as such and even if a witness testifies that it is a payment history Bottom Line: Homeowners and their lawyers should immediately question whether the company on the letterhead sent anything, knows anything, or did anything.
10/10/22	Don’t accept a “representative” at mediation or trial.	Living Lies	Don’t accept a “representative” at mediation or trial. I wanted to make a point that is critical to the defense narrative. The Foreclosure mills are getting away with presenting an employee of a company that has been falsely designated as being the “servicer.” They are referring to this employee as a “representative.” But in all cases this “representative” is merely a paid actor with a script. He or she has no personal knowledge of any fact or event relating to the origination, current existence, maintenance, or any data entries on the books and records of the designated “creditor.”
10/09/22	Some Americans fear zero-down mortgages are a trap that will lead to another crisis like 2008	Business Insider	Some Americans fear zero-down mortgages are a trap that will lead to another crisis like 2008 A mortgage that doesn't require a down payment, closing costs, or a minimum credit score might seem too good to be true. After Bank of America announced its new zero-down mortgage offering last month, people took to social media to voice concerns that it would lead to another housing crash like the one in 2008. "The premise is helping out marginalized communities but, like, come on, dude. Literally stop and read — it's the same trend as the 2008 crash," the TikTok user Inkwater said in a September video.
10/09/22	Homeowners with COVID-related hardships can get assistance	Magnolia Reporter	Homeowners with COVID-related hardships can get assistance The Arkansas Homeowner Assistance Fund (HAF) now includes two new options to assist homeowners who are delinquent on their mortgage payments due to COVID-19-related hardships. Monthly Payment Assistance -- Assists homeowners with stabilizing their household finances to fully recover from the financial difficulties caused by COVID-19 and is dependent on eligibility. Mortgage Default Resolution -- Assists homeowners who experienced a permanent reduction in income by providing assistance to lower their principal balance to achieve an affordable payment.

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