FORECLOSURE FRAUD | by DinSFLA
U.S. Bank National Association v. Kim | HAWAII ICA – DUBIN LAW OFFICES DOES IT AGAIN!! JUDGMENTS VACATED!!!

U.S. Bank National Association v. Kim | HAWAII ICA – DUBIN LAW OFFICES DOES IT AGAIN!! JUDGMENTS VACATED!!!

22 May 2019

H/T DUBIN LAW OFFICES! 8189407027 by DinSFLA on Scribd © 2010-19 FORECLOSURE FRAUD | by DinSFLA. All rights reserved.

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NATIONSTAR MORTGAGE LLC v. Adee | NY: Appellate Div., 3rd Dept. – Based on the foregoing, defendants satisfied their burden of establishing that plaintiff was not entitled to foreclose on the subject property.

NATIONSTAR MORTGAGE LLC v. Adee | NY: Appellate Div., 3rd Dept. – Based on the foregoing, defendants satisfied their burden of establishing that plaintiff was not entitled to foreclose on the subject property.

22 May 2019

2019 NY Slip Op 03873 NATIONSTAR MORTGAGE LLC, Doing Business as CHAMPION MORTGAGE COMPANY, Appellant, v. BRIAN S. ADEE et al., as Trustees of the Gerald F. and Marjorie C. Adee Trust, Respondents, et al., Defendants. 527518.Appellate Division of the Supreme Court of New York, Third Department.Decided May 16, 2019.Appeal from an order of the […]

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FL HOMES 1 LLC v. KOKOLIS | FL 4DCA – VOID! Full of sound and fury, this foreclosure case is the tale of the legal chaos that can happen when a mortgage holder initiates a foreclosure action but fails to include the sole record title holder as a party.

FL HOMES 1 LLC v. KOKOLIS | FL 4DCA – VOID! Full of sound and fury, this foreclosure case is the tale of the legal chaos that can happen when a mortgage holder initiates a foreclosure action but fails to include the sole record title holder as a party.

21 May 2019

  FL HOMES 1 LLC and JOSE PEREZ, Appellants, v. TOULA KOKOLIS, as Trustee of the TOULA KOKOLIS REVOCABLE TRUST dated July 2, 2014, and FL HOMES, LLC, Appellees. No. 4D18-2709.District Court of Appeal of Florida, Fourth District.May 15, 2019.Appeal from the Circuit Court for the Seventeenth Judicial Circuit, Broward County; Joel T. Lazarus, Judge; […]

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TFH 5/19 | Is a Homeowner’s Appeal Moot Upon  the Sale of Foreclosed Property? — Another Major Finality Versus Validity Controversy Today in State and Federal Courts

TFH 5/19 | Is a Homeowner’s Appeal Moot Upon the Sale of Foreclosed Property? — Another Major Finality Versus Validity Controversy Today in State and Federal Courts

19 May 2019

COMING TO YOU LIVE DIRECTLY FROM THE DUBIN LAW OFFICES AT HARBOR COURT, DOWNTOWN HONOLULU, HAWAII LISTEN TO KHVH-AM (830 ON THE AM RADIO DIAL) ALSO AVAILABLE ON KHVH-AM ON THE iHEART APP ON THE INTERNET . Sunday – MAY 19, 2019 Is a Homeowner’s Appeal Moot Upon the Sale of Foreclosed Property? — Another […]

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Grosso v. HSBC BANK USA, NA EX REL. ACE SECURITIES CORP. | FL 4DCA – the homeowner was entitled to prevailing party attorney’s fees. We reverse and remand for the trial court to grant attorney’s fees and determine the reasonableness of the amount sought.

Grosso v. HSBC BANK USA, NA EX REL. ACE SECURITIES CORP. | FL 4DCA – the homeowner was entitled to prevailing party attorney’s fees. We reverse and remand for the trial court to grant attorney’s fees and determine the reasonableness of the amount sought.

15 May 2019

  DOMENIC GROSSO a/k/a DOMENIC L. GROSSO, Appellant, v. HSBC BANK USA, N.A., AS TRUSTEE ON BEHALF OF ACE SECURITIES CORP., Appellee. No. 4D17-2874.District Court of Appeal of Florida, Fourth District.May 8, 2019.Appeal from the Circuit Court for the Fifteenth Judicial Circuit, Palm Beach County; Susan R. Lubitz, Senior Judge; L.T. Case No. 50-2012-CA-005882-XXXX-MB. Michael […]

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His lawn overgrew while he was tending to his mom’s estate. Now, he faces foreclosure and a $30,000 fine.

His lawn overgrew while he was tending to his mom’s estate. Now, he faces foreclosure and a $30,000 fine.

14 May 2019

WAPO- The grass got long. Jim Ficken knows it. But was it so long that he should have to pay the city of Dunedin, Fla., nearly $30,000 and lose his home to foreclosure? Ficken, for one, would rather ask a judge. The 69-year-old retiree is now at risk of losing his home because he doesn’t […]

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New Jersey Creates Mortgage Servicers License as Part of Legislative Efforts to Curb Foreclosures in State

New Jersey Creates Mortgage Servicers License as Part of Legislative Efforts to Curb Foreclosures in State

14 May 2019

Consumer Financial Services LAW MONITOR- On April 29, New Jersey’s governor signed into law bill A4997, known as the Mortgage Servicers Licensing Act. As the title indicates, the Act creates a licensing regime for servicers of residential mortgage loans secured by real property within New Jersey. As with many state licensing regimes, the Act exempts most banks and […]

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Facing Foreclosure Single Mom and Breast Cancer Survivor Makes a Call to 2 Wants To Know That Changes Everything

Facing Foreclosure Single Mom and Breast Cancer Survivor Makes a Call to 2 Wants To Know That Changes Everything

13 May 2019

Pamela Mosley was just starting a new business when she was diagnosed with breast cancer. Unable to work for the next 13 months she fell way behind on her mortgage payments and was about to be foreclosed on. WFMYNEWS2- Pamela Mosley is the type of person who does things, anything and everything. Mosley has three […]

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Bank of Hawaii v. Marques | HAWAII ICA – JUDGMENTS VACATED! DUBIN LAW OFFICES DO IT AGAIN!

Bank of Hawaii v. Marques | HAWAII ICA – JUDGMENTS VACATED! DUBIN LAW OFFICES DO IT AGAIN!

13 May 2019

2382022433 by DinSFLA on Scribd © 2010-19 FORECLOSURE FRAUD | by DinSFLA. All rights reserved.

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TFH 5/12 |  Foreclosure Workshop #74: Validity Versus Falsity — Proven Successful Ways in Which Homeowners in Foreclosure Can Weaponize Their Discovery Requests Relatively Inexpensively at the Beginning of a Foreclosure Case

TFH 5/12 | Foreclosure Workshop #74: Validity Versus Falsity — Proven Successful Ways in Which Homeowners in Foreclosure Can Weaponize Their Discovery Requests Relatively Inexpensively at the Beginning of a Foreclosure Case

12 May 2019

COMING TO YOU LIVE DIRECTLY FROM THE DUBIN LAW OFFICES AT HARBOR COURT, DOWNTOWN HONOLULU, HAWAII LISTEN TO KHVH-AM (830 ON THE AM RADIO DIAL) ALSO AVAILABLE ON KHVH-AM ON THE iHEART APP ON THE INTERNET . Sunday – MAY 12, 2019 Foreclosure Workshop #74: Validity Versus Falsity — Proven Successful Ways in Which Homeowners […]

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2 Attys DQ’d From Challenge To PNC Bank Home Foreclosure

2 Attys DQ’d From Challenge To PNC Bank Home Foreclosure

09 May 2019

LAW 360- Two attorneys representing homeowners who sued PNC Bank over a foreclosure were disqualified Wednesday after a Florida federal judge determined they had used inadvertently disclosed privileged information in their amended complaint…. [LAW360] PAYWALL © 2010-19 FORECLOSURE FRAUD | by DinSFLA. All rights reserved.

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Alessio v. OCWEN LOAN SERVICING, LLC | FL 4DCA – As there was no testimony with respect to personal knowledge of the practices of the entity which allegedly mailed the letter, the evidence was insufficient to prove that appellee complied with the condition precedent. We reverse.

Alessio v. OCWEN LOAN SERVICING, LLC | FL 4DCA – As there was no testimony with respect to personal knowledge of the practices of the entity which allegedly mailed the letter, the evidence was insufficient to prove that appellee complied with the condition precedent. We reverse.

08 May 2019

  GINO ALESSIO, a/k/a GINO DAVIDE ALESSIO, and FERNANDA ALESSIO, a/k/a FERNANDA LALIA CURY, Appellants, v. OCWEN LOAN SERVICING, LLC, Appellee. No. 4D18-793.District Court of Appeal of Florida, Fourth District.May 1, 2019.Appeal from the Circuit Court for the Fifteenth Judicial Circuit, Palm Beach County; David E. French, Judge; L.T. Case No. 502009CA035115AJ. Kendrick Almaguer and […]

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New Jersey approves mortgage lending bill package

New Jersey approves mortgage lending bill package

08 May 2019

Lexology- On April 29, the New Jersey governor approved several bills related to mortgage lending in the state. According to a press release issued by the governor, the package of nine bills addresses the state’s foreclosure crisis and includes the following: A 4997, known as the Mortgage Services Licensing Act, requires persons who act as mortgage servicers—either […]

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City of Miami v. Wells Fargo & Co., BOA, Countrywide et al. | 11th Cir.  The City has plausibly alleged a violation of the FHA and has stated a claim in its First Amended Complaints. Accordingly we conclude that the district court improvidently dismissed the FHA claims in their entirety and ought to have granted the City leave to amend its complaints, since amendation would not have been futile.

City of Miami v. Wells Fargo & Co., BOA, Countrywide et al. | 11th Cir. The City has plausibly alleged a violation of the FHA and has stated a claim in its First Amended Complaints. Accordingly we conclude that the district court improvidently dismissed the FHA claims in their entirety and ought to have granted the City leave to amend its complaints, since amendation would not have been futile.

07 May 2019

201414544.rem by DinSFLA on Scribd © 2010-19 FORECLOSURE FRAUD | by DinSFLA. All rights reserved.

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Edmondson v. Eagle National Bank | 4th Cir. Court – certain lenders participated in “kickback schemes” prohibited by the Real Estate Settlement Procedures Act (“RESPA”), 12 U.S.C. § 2601 et seq. …  We, however, hold that, under the allegations set forth in their complaints, Plaintiffs are entitled to relief from the limitations period under the fraudulent concealment tolling doctrine.

Edmondson v. Eagle National Bank | 4th Cir. Court – certain lenders participated in “kickback schemes” prohibited by the Real Estate Settlement Procedures Act (“RESPA”), 12 U.S.C. § 2601 et seq. … We, however, hold that, under the allegations set forth in their complaints, Plaintiffs are entitled to relief from the limitations period under the fraudulent concealment tolling doctrine.

06 May 2019

H/T DUBIN LAW OFFICES Buckley InfoBytes – Edmonson, Et Al v. Eagle National Bank – 4th Circuit Opinion 2019.04.26 by DinSFLA on Scribd © 2010-19 FORECLOSURE FRAUD | by DinSFLA. All rights reserved.

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TFH 5/5 | Foreclosure Workshop #73: Wells Fargo Bank v. Prentice – Highlighting Another Emerging Challenge to Res Judicata in the Battle Between Finality Versus Validity

TFH 5/5 | Foreclosure Workshop #73: Wells Fargo Bank v. Prentice – Highlighting Another Emerging Challenge to Res Judicata in the Battle Between Finality Versus Validity

05 May 2019

COMING TO YOU LIVE DIRECTLY FROM THE DUBIN LAW OFFICES AT HARBOR COURT, DOWNTOWN HONOLULU, HAWAII LISTEN TO KHVH-AM (830 ON THE AM RADIO DIAL) ALSO AVAILABLE ON KHVH-AM ON THE iHEART APP ON THE INTERNET . Sunday – MAY 5, 2019 Foreclosure Workshop #73: Wells Fargo Bank v. Prentice – Highlighting Another Emerging Challenge […]

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NATIONSTAR MORTGAGE LLC, vs. DANIEL KALEOALOHA KANAHELE and THE ESTATE OF MARCUS C. KANAHELE et al., | HAWII ICA – In conclusion, if Nationstar can prove on remand that it possessed the Note with three indorsements prior to filing its Complaint, it will establish its standing to enforce the Note under Reyes-Toledo. However, Nationstar conceded its status as “holder”

NATIONSTAR MORTGAGE LLC, vs. DANIEL KALEOALOHA KANAHELE and THE ESTATE OF MARCUS C. KANAHELE et al., | HAWII ICA – In conclusion, if Nationstar can prove on remand that it possessed the Note with three indorsements prior to filing its Complaint, it will establish its standing to enforce the Note under Reyes-Toledo. However, Nationstar conceded its status as “holder”

02 May 2019

H/T DUBIN LAW OFFICES SCWC-16-0000319 by DinSFLA on Scribd © 2010-19 FORECLOSURE FRAUD | by DinSFLA. All rights reserved.

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TANIGUCHI et al., v. RESTORATION HOMES, LLC, | CA 1st App. Court – The trial court order granting Restoration Homes’ motion for summary adjudication on the Taniguchis’ causes of action for violation of Civil Code section 2924c and Business and Professions Code section 17200 et seq. is vacated, and the matter is remanded

TANIGUCHI et al., v. RESTORATION HOMES, LLC, | CA 1st App. Court – The trial court order granting Restoration Homes’ motion for summary adjudication on the Taniguchis’ causes of action for violation of Civil Code section 2924c and Business and Professions Code section 17200 et seq. is vacated, and the matter is remanded

02 May 2019

A152827A by DinSFLA on Scribd © 2010-19 FORECLOSURE FRAUD | by DinSFLA. All rights reserved.

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Some minority homeowners still feeling effect of foreclosure crisis

Some minority homeowners still feeling effect of foreclosure crisis

01 May 2019

Consumer Affairs- For some, the foreclosure crisis of a decade ago is only a distant, unpleasant memory. But an analysis from Zillow suggests it remains a troubling reality for some minority homeowners. Home prices now exceed their housing bubble highs in most parts of the country, but home values have been much slower to recover in neighborhoods […]

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OneWEST BANK, FSB v. Palmero |  FL 3DCA – Accordingly, because it is undisputed that Mrs. Palmero was still alive and the subject property was her primary residence on the date of trial, we affirm the final judgment on review for OneWest’s failure to establish the occurrence of a condition precedent to its right to foreclose

OneWEST BANK, FSB v. Palmero | FL 3DCA – Accordingly, because it is undisputed that Mrs. Palmero was still alive and the subject property was her primary residence on the date of trial, we affirm the final judgment on review for OneWest’s failure to establish the occurrence of a condition precedent to its right to foreclose

29 April 2019

  OneWest Bank, FSB, Appellant, v. Luisa Palmero, et al., Appellees. Case No. 3D14-3114.District Court of Appeal of Florida, Third District.Opinion Filed April 24, 2019.An Appeal from the Circuit Court for Miami-Dade County, Lower Tribunal No. 10-3055, Abby Cynamon, Judge. Burr & Forman LLP, and Joshua H. Threadcraft, (Birmingham, AL), for appellant. Carrera & Amador, […]

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TFH 4/28 | Foreclosure Workshop #72: Finality Versus Validity, The Last Frontier in Foreclosure Defense, Comparing and Contrasting HSBC Bank v. Marcantonio, in the Supreme Court of the State of Hawaii (March 25, 2019), and Takhar v. Gracefield Developments, in the Supreme Court of Great Britain (March 20, 2019)

TFH 4/28 | Foreclosure Workshop #72: Finality Versus Validity, The Last Frontier in Foreclosure Defense, Comparing and Contrasting HSBC Bank v. Marcantonio, in the Supreme Court of the State of Hawaii (March 25, 2019), and Takhar v. Gracefield Developments, in the Supreme Court of Great Britain (March 20, 2019)

28 April 2019

COMING TO YOU LIVE DIRECTLY FROM THE DUBIN LAW OFFICES AT HARBOR COURT, DOWNTOWN HONOLULU, HAWAII LISTEN TO KHVH-AM (830 ON THE AM RADIO DIAL) ALSO AVAILABLE ON KHVH-AM ON THE iHEART APP ON THE INTERNET . Sunday – APRIL 28, 2019 Foreclosure Workshop #72: Finality Versus Validity, The Last Frontier in Foreclosure Defense, Comparing […]

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Homeowners Hurt by Mortgage Scam Seek Role in Ditech Bankruptcy

Homeowners Hurt by Mortgage Scam Seek Role in Ditech Bankruptcy

24 April 2019

‘Vulnerable’ homeowners request committee to protect interests  Ditech seeks plan that would release firm from legal liability Bloomberg- Homeowners in Chicago cheated by a mortgage fraud scheme are seeking to form a committee to protect their interests in the bankruptcy of Ditech Holding Corp., the company that owns their loans.  The Investor Protection Center at the Northwestern Pritzker […]

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