Daily News related to the Foreclosure Crisis The biggest unpunished heist in human history - Max Keiser |
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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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Article Articles are added weekly |
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Comment |
02/28/23 |
How did Wells Fargo, Chase or BofA Get Involved in Your Transaction? It’s a secret! | Living Lies |
How did Wells Fargo, Chase or BofA Get Involved in Your Transaction? It’s a secret! So I recently received an inquiry from a homeowner who is a long-term contributor to this blog asking how and why Wells Fargo got involved in her case. From the information that had been disclosed and recorded, Wells Fargo had nothing to do with it. But here were reports from Wells Fargo to investors, including information about her transaction. |
02/27/23 |
TRAPDOOR FOR HOMEOWNERS AND CONSUMERS: lay people and lawyers are not comfortable unless they are trying to prove something | Living Lies |
TRAPDOOR FOR HOMEOWNERS AND CONSUMERS: lay people and lawyers are not comfortable unless they are trying to prove something I think that both lay people and lawyers are not comfortable unless they are trying to prove something. But the way to win these cases is the reverse — by not proving anything or saying anything you need to prove. The only thing you want to say when you get the chance is, |
02/27/23 |
CFPB Shuts Down Mortgage Loan Business of RMK Financial for Repeat Offenses Against Military Families | CFPB |
CFPB Shuts Down Mortgage Loan Business of RMK Financial for Repeat Offenses Against Military Families WASHINGTON, D.C. – Today, the Consumer Financial Protection Bureau (CFPB) permanently banned RMK Financial Corporation, which does business as Majestic Home Loans, from the mortgage lending industry by prohibiting RMK from engaging in any mortgage lending activities or receiving remuneration from mortgage lending. |
02/24/23 |
CFPB finalizes update to administrative enforcement proceedings | CFPB |
CFPB finalizes update to administrative enforcement proceedings Congress directed the CFPB to enforce a specific set of laws related to consumer financial protection. The CFPB brings the large majority of its contested enforcement matters in federal district court, and it will continue to do so. However, Congress also envisioned that administrative adjudication would play a role at the CFPB, as it had at the CFPB’s predecessor agencies. |
02/23/23 |
CFPB Orders TitleMax to Pay a $10 Million Penalty for Unlawful Title Loans and Overcharging Military Families | CFPB |
CFPB Orders TitleMax to Pay a $10 Million Penalty for Unlawful Title Loans and Overcharging Military Families WASHINGTON, D.C. – Today, the Consumer Financial Protection Bureau (CFPB) took action against a web of corporate entities operating under TMX Finance, broadly known as TitleMax, for violating the financial rights of military families and other consumers in providing auto title loans. The CFPB found that TitleMax violated the Military Lending Act by |
02/24/23 |
How to look and see the documents in mortgage and foreclosure cases | Living Lies |
How to look and see the documents in mortgage and foreclosure cases
Here is my updated report to a client redacted as to particular facts and dates. I offer it as a model for how I look at these cases and how you can look at documents and arrive at conclusions that differ from what the documents say has occurred.
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02/23/23 |
Discovery and Motion Practice to Defeat False claims for Administration, Collection and Enforcement in Mortgage and Foreclosure Cases. | Living Lies |
Discovery and Motion Practice to Defeat False claims for Administration, Collection and Enforcement in Mortgage and Foreclosure Cases. The goal for homeowners should be to win the case, not to delay it or get a settlement. No meaningful settlement will be offered until you have demonstrated that you are in it to win it, which means that you are truly ready to go to trial. Until then, you present no risk to the securitization infrastructure and the case has no meaning or relevance to the opposition. |
02/23/23 |
Bill would move foreclosure notices off print and online | Claiborne Progress |
Bill would move foreclosure notices off print and online A bill that would move foreclosure notices from newspapers to a Tennessee Secretary of State website was pushed back two weeks in the Senate State and Local Government Committee. Currently, homes in foreclosure in Tennessee are required to be advertised in a local newspaper. Those notices also appear on the statewide tnpublicnotice.com website. Read more at: https://www.claiborneprogress.net/2023/02/23/bill-would-move-foreclosure-notices-off-print-and-online/ |
02/23/23 |
Illinois AG Kwame Raoul, asked to investigate continuing foreclosure fraud by Wells Fargo Bank, N.A. in Kane County, IL | STERLING COOPER, INC. - PR DIVISION |
Illinois AG Kwame Raoul, asked to investigate continuing foreclosure fraud by Wells Fargo Bank, N.A. in Kane County, IL llinois Leads the nation in Foreclosures for the fifth month in a row, Kane County Foreclosures are up 525% over the previous year CHICAGO, ILLINOIS, UNITED STATES, February 23, 2023 /EINPresswire.com/ -- Chicago, IL- Geneva, IL Kwame Raoul, the Illinois Attorney General, received a petition/request to stop and investigate continuing violations of the National Mortgage Settlement by Wells Fargo Bank, N.A., and its Trustee business in Kane County as well as Illinois titled: CONTINUED DOCUMENT FALSIFICATION AND FABRICATION RELATING TO MORTGAGE FORECLOSURES BY WELLS FARGO BANK, N.A. IN SPITE OF BILLIONS PAID IN SETTLEMENTS AND AGREEMENTS TO STOP FORECLOSURE FRAUD. |
02/22/23 |
Looking for a lawyer? Ask the right questions and give the right direction. | Living Lies |
Looking for a lawyer? Ask the right questions and give the right direction. Foreclosure mills CAN win because they make a claim, and the system gives them relief unless there is a legally recognized defense alleged, presented and pursued. Homeowners are not required to prove anything. They only need to stop their opposition from proving a claim. Homeowners CAN win even if they did breach a loan agreement if the evidence against them is insufficient. In foreclosures today, the evidence is ALWAYS insufficient. Thus homeowners can win every case depite a biased bench. |
02/21/23 |
The Motion to dismiss might be admitting your allegations and you might have missed it. | Living Lies |
The Motion to dismiss might be admitting your allegations and you might have missed it. What you need to realize is that this is all about technical law. It is not an argument. It doesn’t matter whether the act was ministerial or could be labeled as anything else. The question is simply whether they did it. Don’t get lost in the weeds. If they did it, then the company that was designated as the “servicer” did not do it. And even if they were working for the company that was designated as the “servicer,” that “servicer” still did not do it. |
02/20/23 |
Two Kinds of Court Orders: We Wrote it and We Mean It. In foreclosure cases they never mean it. | Living Lies |
Two Kinds of Court Orders: We Wrote it and We Mean It. In foreclosure cases they never mean it. In one case that I eventually won in 2016, I actually Titled a pleading, “At what point do this Court’s orders mean anything?” After reviewing approximately 10,000 cases starting in 2006, I have arrived at the conclusion that judges are unintentionally or unwittingly being drafted into an illegal scheme. Take some examples: |
02/16/23 |
Talking to a prospective lawyer when neither you nor he or she knows anything about securitization by Wall Street players, double-entry bookkeeping or accounting | Living Lies |
Talking to a prospective lawyer when neither you nor he or she knows anything about securitization by Wall Street players, double-entry bookkeeping or accounting Law students are taught only two forms of securitization: (1) divide an asset to sell to multiple investors or (2) divide ownership of the whole asset into multiple shares between investors. They are never taught anything about the dozens of other forms of securitization, most of which form the foundation of current practices. The main applicable form of securitization as it relates to transactions with homeowners neither splits the “asset” (i.e., the unpaid loan account on the ledger of a creditor), nor divides ownership of the entire “asset” into shares for multiple investors. This one fact accounts for nearly all the confusion on the part of lawyers and judges. |
02/16/23 |
Congress Had The Opportunity To Prevent 500,000 Foreclosures In 2009, But Didn’t, A New Report Reveals | Forbes |
Congress Had The Opportunity To Prevent 500,000 Foreclosures In 2009, But Didn’t, A New Report Reveals
Language to allow bankruptcy judges to reduce mortgage debt on underwater principal residences was included in the version of the “Helping Families Save Their Homes Act of 2009” that passed the House but it was not in the version that the Senate passed and was not in the final version that was signed by President Obama and went into law in May 2009. |
02/16/23 |
Failure to Challenge the Identity and Citizenship of the “trust” can be a fatal defect in foreclosure defense narratives | Living Lies |
Failure to Challenge the Identity and Citizenship of the “trust” can be a fatal defect in foreclosure defense narratives Who or what is the real party in interest on Plaintiff’s side of the “v.” and what citizenship does that party hold. Despite its best efforts, the Court has not had those simple questions answered, questions that must be answered before any further proceedings or decisions are proper.”) |
02/15/23 |
HEARSAY OBJECTION AND LACK OF FOUNDATION: How Lockbox and Separate Processing Agreements Divert Money and “Servicing” Functions to Undisclosed Third Parties Acting on Behalf of the Investment Bank Who Originated the Transaction with the Homeowner. | Living Lies |
HEARSAY OBJECTION AND LACK OF FOUNDATION: How Lockbox and Separate Processing Agreements Divert Money and “Servicing” Functions to Undisclosed Third Parties Acting on Behalf of the Investment Bank Who Originated the Transaction with the Homeowner.
From LoanDepot quarterly report, 2022: The Company derives income primarily from gains on the origination and sale of loans to investors, income from loan servicing, and fees charged for settlement services related to the origination and sale of loans. Not one word about revenues or profits arising from the receipt of principal and interest from borrowers. But people who have done business with Loan Depot (and there are thousands of them) all think they borrowed money from Loan Depot. So when they see a document purpotedly endorsed or assigned from Loan Depot, it make sense. But it is a lie. |
02/14/23 |
Attorney suspended for 18 months over rule violations in foreclosure, bankruptcy cases | Salem News |
Attorney suspended for 18 months over rule violations in foreclosure, bankruptcy cases |
02/14/23 |
The physical location of that address is probably a vacant lot or storage unit | Living Lies |
The physical location of that address is probably a vacant lot or storage unit |
02/13/23 |
FNMA Retention Agreement, FNMA ID Concealed | Rorie Woods |
FNMA Retention Agreement, FNMA ID Concealed |
02/13/23 |
Another Example of LSF9 and McCarthy and Holthus going down in flames | Living Lies |
Another Example of LSF9 and McCarthy and Holthus going down in flames |
02/10/23 |
How Foreclosure Mills Win by Misusing “Judicial Notice” | Living Lies |
How Foreclosure Mills Win by Misusing “Judicial Notice” |
02/10/23 |
Successfully Fighting Foreclosures Requires The Strategies Most Foreclosure Defense Attorneys Get Wrong Or Don’t Even Bother Pursuing | MFI-Miami |
Successfully Fighting Foreclosures Requires The Strategies Most Foreclosure Defense Attorneys Get Wrong Or Don’t Even Bother Pursuing |
02/10/23 |
Mortgages — Compound interest — Course of dealing | Michigan Lawyers Weekly |
Mortgages — Compound interest — Course of dealing |
02/09/23 |
American Dream For Rent: Crisis opened door to corporate buying spree | Atlanta Journal-Constitution |
American Dream For Rent: Crisis opened door to corporate buying spree |
02/09/23 |
U.S. Foreclosure Activity In January 2023 Continues To Increase Annually For 21 Consecutive Months | Attom Data |
U.S. Foreclosure Activity In January 2023 Continues To Increase Annually For 21 Consecutive Months |
02/09/23 |
VT Supreme Court Asserts Value Must be Given and No Security Interest Attached to the Presumed Account | Living Lies |
VT Supreme Court Asserts Value Must be Given and No Security Interest Attached to the Presumed Account |
02/08/23 |
PA Supremes Hold that Aiding and Abetting a Fraud is a Separate Recognizable Tort Claim | Living Lies |
PA Supremes Hold that Aiding and Abetting a Fraud is a Separate Recognizable Tort Claim |
02/08/23 |
HUD Secretary Announces Major Milestone of Assisting Nearly 2 Million Homeowners Stay in their Homes FHA foreclosure avoidance options have been expanded and extended | HUD |
HUD Secretary Announces Major Milestone of Assisting Nearly 2 Million Homeowners Stay in their Homes
FHA foreclosure avoidance options have been expanded and extended |
02/7/23 |
Sjc 16 l 1675812434654 Debra Brown on FNMA | Rorie Woods |
Sjc 16 l 1675812434654 Debra Brown on FNMA |
02/07/23 |
NCLC reverse mortgage report highlights servicing issues | Reverse Mortgage Daily |
NCLC reverse mortgage report highlights servicing issues |
02/07/23 |
Helping homeowners: California expands mortgage relief | Calmatters |
Helping homeowners: California expands mortgage relief |
02/07/23 |
How the FHA's changes will transform foreclosure alternatives | National Mortgage News |
How the FHA's changes will transform foreclosure alternatives |
02/07/23 |
CT Supremes Slam Bank of New York Mellon and Clarify Law in Favor of Homeowners | Living Lies |
CT Supremes Slam Bank of New York Mellon and Clarify Law in Favor of Homeowners |
02/06/23 |
Lawyers Are Starting to take Foreclosure Defense Cases | Living Lies |
Lawyers Are Starting to take Foreclosure Defense Cases |
02/03/23 |
What are MSRs and why are they valued at $20 Billion? | Living Lies |
What are MSRs and why are they valued at $20 Billion? |
02/03/23 |
Foreclosure settlement program serves New Mexico | ABQ Journal |
Foreclosure settlement program serves New Mexico |
02/03/23 |
Is the housing market about to crash? Here’s what experts say | Yahoo Finance |
Is the housing market about to crash? Here’s what experts say |
02/03/23 |
Home Title Theft: How To Protect Yourself | NASDAQ |
Home Title Theft: How To Protect Yourself |
02/02/23 |
The irrefutable logic at the foundation of all successful foreclosure defense narratives | Living Lies |
The irrefutable logic at the foundation of all successful foreclosure defense narratives |
02/02/23 |
Home Equity Flattens Out Across U.S. In Fourth Quarter Of 2022 | Attom Data |
Home Equity Flattens Out Across U.S. In Fourth Quarter Of 2022 |
02/02/23 |
CFPB Updates Mortgage Servicing Exam Procedures | National Law Review |
CFPB Updates Mortgage Servicing Exam Procedures |
02/01/23 |
MLK: Can democracy work without knowledge and competency? | Living Lies |
MLK: Can democracy work without knowledge and competency? |
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