FORECLOSURE FRAUD | by DinSFLA
TFH 4/21 | “Larry the Banker” Is Back: Exclusive Tell-All Interview With Retired Big Five Bank Executive (originally broadcast December 21, 2014)

TFH 4/21 | “Larry the Banker” Is Back: Exclusive Tell-All Interview With Retired Big Five Bank Executive (originally broadcast December 21, 2014)

20 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 21, 2019 “Larry the Banker” Is Back: Exclusive Tell-All Interview With Retired Big Five Bank […]

Read the full story

Posted in STOP FORECLOSURE FRAUD0 Comments

Pennsylvania Supreme Court Issues Evidentiary Ruling Favorable to Mortgage Servicers

Pennsylvania Supreme Court Issues Evidentiary Ruling Favorable to Mortgage Servicers

18 April 2019

JD SUPRA- Bayview Loan Servicing LLC v. Wicker, Case No. 3 WAP 2018, — A.3d —-, 2019 WL 1388516 (Pa. Mar. 28, 2019), clarifies that in Pennsylvania state court, a servicer pursuing foreclosure may succeed in getting loan records from prior servicers admitted into evidence without testimony from every prior servicer. In a ruling favorable to mortgage […]

Read the full story

Posted in STOP FORECLOSURE FRAUD0 Comments

‘Obduskey’ Deprives Consumers of Protection, Creates an Uneven Application of Federal Law

‘Obduskey’ Deprives Consumers of Protection, Creates an Uneven Application of Federal Law

18 April 2019

Although Justice Breyer’s conclusion is based on a straight forward textual analysis, it is overly academic, detached from the realities of debt collection, and misses the obvious intent of this important consumer protection law.  LAW- On March 20, 2019, the Supreme Court handed down its decision in Obduskey v. McCarthy & Holthus, which sought to end […]

Read the full story

Posted in STOP FORECLOSURE FRAUD0 Comments

Miami Judge Issues Order to Show Cause Against US Bank for Flouting Discovery Order

Miami Judge Issues Order to Show Cause Against US Bank for Flouting Discovery Order

16 April 2019

Judge Beatrice Butchko’s order floats the possibility of sanctions if the bank fails to produce discovery documents the judge ordered it to release in August 2018.  LAW- A major bank looking to foreclose on a Miami-Dade resident’s mortgage has been handed an order to show cause by a judge over a discovery dispute. Miami-Dade Circuit Judge Beatrice […]

Read the full story

Posted in STOP FORECLOSURE FRAUD0 Comments

Judge orders dismissal of foreclosure suit against PHH Mortgage, Morgan Stanley

Judge orders dismissal of foreclosure suit against PHH Mortgage, Morgan Stanley

16 April 2019

Norcalrecord- A U.S. District Court of the Northern District of California judge tossed a lawsuit against PHH Mortgage Corp. and Morgan Stanley Private Bank. On April 2, Magistrate Judge Nathanael M. Cousins granted an order in favor of a PHH and Morgan Stanley’s motion to dismiss Eric McAfee and Marguerite McAfee’s lawsuit against them. The McAfees initially […]

Read the full story

Posted in STOP FORECLOSURE FRAUD0 Comments

TFH 4/14 |  Foreclosure Hour Easter Special: Stages, Issues and Strategies in the Resurrection of a Foreclosure Case After an Adverse Judgment

TFH 4/14 | Foreclosure Hour Easter Special: Stages, Issues and Strategies in the Resurrection of a Foreclosure Case After an Adverse Judgment

14 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 14, 2019 Foreclosure Hour Easter Special: Stages, Issues and Strategies in the Resurrection of a […]

Read the full story

Posted in STOP FORECLOSURE FRAUD0 Comments

So You’re Saying There’s A Chance: Surpluses In Foreclosure

So You’re Saying There’s A Chance: Surpluses In Foreclosure

10 April 2019

We regularly counseled lenders, even before the Talaganov case, that they should try to “ride the coattails” of the senior mortgagee’s foreclosure suit by answering the complaint and seeking any surplus. Failure to participate in the foreclosure will eventually result in the junior lender being proscribed from seeking surplus funds that will exist in some cases.   […]

Read the full story

Posted in STOP FORECLOSURE FRAUD0 Comments

AG Healey Secures $2 Million from National Mortgage Servicer Over Unfair and Unaffordable Loan Modifications

AG Healey Secures $2 Million from National Mortgage Servicer Over Unfair and Unaffordable Loan Modifications

10 April 2019

BOSTON — A national mortgage servicing company will pay $2 million and undertake affordable loan modifications for affected Massachusetts homeowners, Attorney General Maura Healey announced today. The settlement resolves allegations that Caliber Homes Loans Inc. (Caliber) failed to help borrowers avoid foreclosure and instead gave homeowners unaffordable loan modifications with ballooning monthly payments they could not afford. […]

Read the full story

Posted in STOP FORECLOSURE FRAUD0 Comments

Appeals court overturns civil penalty against foreclosure law firm the Castle Law Group

Appeals court overturns civil penalty against foreclosure law firm the Castle Law Group

09 April 2019

ABA JOURNAL- The Colorado Court of Appeals has overturned a $119,500 civil penalty imposed against a foreclosure law firm accused of violating consumer fraud laws by failing to disclose an ownership interest in a side business. Judge Morris Hoffman of Denver had imposed the penalty against the Castle Law Group for failing to tell Fannie Mae and […]

Read the full story

Posted in STOP FORECLOSURE FRAUD0 Comments

Miami-Dade Judge Rules Retroactive Provision in Florida’s Foreclosure Law is Unconstitutional

Miami-Dade Judge Rules Retroactive Provision in Florida’s Foreclosure Law is Unconstitutional

09 April 2019

Judge David Miller’s wrote that the specific application of the Florida Fair Foreclosure Act—a 2013 law created in response to the housing crisis— to a case before him was at odds with the Florida Constitution. Law.com- A portion of a Florida law created to deal with a deluge of foreclosure cases has been declared unconstitutional by […]

Read the full story

Posted in STOP FORECLOSURE FRAUD0 Comments

CERTO v. BANK OF NEW YORK MELLON | FL 1st DCA – An agreement to which Mellon is not a party does not evidence a transfer of the Note to Mellon. Thus, the documents Mellon introduced below and that it cites on appeal do not evidence its purchase of the debt or an effective transfer or valid assignment to it.

CERTO v. BANK OF NEW YORK MELLON | FL 1st DCA – An agreement to which Mellon is not a party does not evidence a transfer of the Note to Mellon. Thus, the documents Mellon introduced below and that it cites on appeal do not evidence its purchase of the debt or an effective transfer or valid assignment to it.

08 April 2019

FRANK CERTO and MURIEL CERTO, Appellants, v. THE BANK OF NEW YORK MELLON, f/k/a The Bank of New York, Successor in Interest to JPMorgan Chase Bank, N.A., as Trustee for Structured Asset Mortgage Investments II, Inc., Bear Stearns ALT-A Trust, Mortgage Pass-Through Certificates, Series 2005-7, Appellee. No. 1D17-4421.District Court of Appeal of Florida, First District.April […]

Read the full story

Posted in STOP FORECLOSURE FRAUD0 Comments

TFH 4/7 | Paragraph 22, The Notice of Default and Right To Cure: How To Use This Most Overlooked Foreclosure Defense To Defeat Summary Judgment and Win at Trial (Foreclosure Workshop #16: Rebroadcast from July 17, 2016)

TFH 4/7 | Paragraph 22, The Notice of Default and Right To Cure: How To Use This Most Overlooked Foreclosure Defense To Defeat Summary Judgment and Win at Trial (Foreclosure Workshop #16: Rebroadcast from July 17, 2016)

07 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 7, 2019 Paragraph 22, The Notice of Default and Right To Cure: How To Use […]

Read the full story

Posted in STOP FORECLOSURE FRAUD0 Comments

NATIONAL ASIAN AMERICAN COALITION et al., v GAVIN C. NEWSOM, as Governor, etc., et al |  CA Appeals Court –  The trial court should have issued a writ of mandate ordering the retransfer of the wrongfully diverted $331M funds from the General Fund to the National Mortgage Special Deposit Fund.

NATIONAL ASIAN AMERICAN COALITION et al., v GAVIN C. NEWSOM, as Governor, etc., et al | CA Appeals Court – The trial court should have issued a writ of mandate ordering the retransfer of the wrongfully diverted $331M funds from the General Fund to the National Mortgage Special Deposit Fund.

03 April 2019

C079835A by DinSFLA on Scribd © 2010-19 FORECLOSURE FRAUD | by DinSFLA. All rights reserved.

Read the full story

Posted in STOP FORECLOSURE FRAUD0 Comments

Supreme Court opens door (a bit) to argument that in rem foreclosures not covered by FDCPA

Supreme Court opens door (a bit) to argument that in rem foreclosures not covered by FDCPA

02 April 2019

JD SUPRA- On March 20, 2019 in Obduskey v. McCarthy & Holthus LLP, a unanimous U.S. Supreme Court held that the primary definition of a “debt collector” under the Fair Debt Collection Practices Act (FDCPA) does not apply to an entity that engages in no more than security-interest enforcement. As a result, most of the debt-collector-related […]

Read the full story

Posted in STOP FORECLOSURE FRAUD0 Comments

Allen v. HABITAT II CONDOMINIUM, INC. | FL 4DCA – He argues the judgment is void because he did not have notice of the final hearing. He also argues that the trial court erred in denying his rule 1.540 motion without an evidentiary hearing. We agree that he is entitled to an evidentiary hearing.

Allen v. HABITAT II CONDOMINIUM, INC. | FL 4DCA – He argues the judgment is void because he did not have notice of the final hearing. He also argues that the trial court erred in denying his rule 1.540 motion without an evidentiary hearing. We agree that he is entitled to an evidentiary hearing.

01 April 2019

  LORENZO A. ALLEN, Appellant, v. HABITAT II CONDOMINIUM, INC., a Florida not-for-profit corporation, Appellee. No. 4D18-1517.District Court of Appeal of Florida, Fourth District.March 27, 2019.Appeal of a non-final order from the Circuit Court for the Seventeenth Judicial Circuit, Broward County; John B. Bowman, Judge; L.T. Case No. CACE 15-019601 (02). Lorenzo A. Allen, Parkland, […]

Read the full story

Posted in STOP FORECLOSURE FRAUD0 Comments

New Jersey Legislature Passes Important Foreclosure Reforms for Community Associations

New Jersey Legislature Passes Important Foreclosure Reforms for Community Associations

01 April 2019

Lexology- For years, organizations that work with community associations, along with association residents, have lobbied for reforms to the foreclosure system in New Jersey. As of this writing, two bills currently sit on Governor Murphy’s desk which, when signed, will make small strides towards easing the burden felt by community associations when saddled with numerous […]

Read the full story

Posted in STOP FORECLOSURE FRAUD0 Comments

TFH 3/31/19 |  The 20 Most Overlooked Foreclosure Defenses

TFH 3/31/19 | The 20 Most Overlooked Foreclosure Defenses

30 March 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 – March 31, 2019 The 20 Most Overlooked Foreclosure Defenses .  ———————   Our listeners are well […]

Read the full story

Posted in STOP FORECLOSURE FRAUD0 Comments

Trump officially calls for end to Fannie Mae, Freddie Mac conservatorship

Trump officially calls for end to Fannie Mae, Freddie Mac conservatorship

28 March 2019

Housing Wire- President Donald Trump is officially calling for an end to the conservatorship of Fannie Mae and Freddie Mac, according to a White House release issued Wednesday.  Trump is expected to sign a memorandum later today issuing “overdue reform of the housing finance system,” the White House said, which includes the end of conservatorship and the improvement of the regulatory oversight […]

Read the full story

Posted in STOP FORECLOSURE FRAUD1 Comment

CitiMortgage, Inc. v. Porter | Florida Appellate Court Holds Lender Not Entitled to Summary Judgment on Bona Fide Lender Claim Because of “Series of Suspicious Documents” in Records

CitiMortgage, Inc. v. Porter | Florida Appellate Court Holds Lender Not Entitled to Summary Judgment on Bona Fide Lender Claim Because of “Series of Suspicious Documents” in Records

27 March 2019

Lexology- A Florida appellate court reversed a trial court and held that a reverse mortgage lender was not entitled to summary judgment on the claim that it was a bona fide lender for value because there was a series of irregularities in the public records. See CitiMortgage, Inc. v. Porter, 261 So. 3d 739 (Fla. Dist. Ct. […]

Read the full story

Posted in STOP FORECLOSURE FRAUD0 Comments

Shuttering Cherry Hill Foreclosure Firm Doesn’t Need Receiver, Judge Rules

Shuttering Cherry Hill Foreclosure Firm Doesn’t Need Receiver, Judge Rules

26 March 2019

A South Jersey foreclosure firm in the process of closing will not have to go into receivership because of an alleged six-figure debt to a legal advertising firm, a federal judge has ruled. LAW- A South Jersey foreclosure firm in the process of closing will not have to go into receivership because of an alleged […]

Read the full story

Posted in STOP FORECLOSURE FRAUD0 Comments

SCOTUS Rules Foreclosure Firms Are Not “Debt Collectors” in Nonjudicial Proceedings

SCOTUS Rules Foreclosure Firms Are Not “Debt Collectors” in Nonjudicial Proceedings

25 March 2019

JDSUPRA– This week, in a unanimous decision, the Supreme Court held that law firms conducting nonjudicial foreclosures are not “debt collectors” under the Fair Debt Collection Practices Act. McCarthy & Holthus LLP (McCarthy) sent the petitioner, Dennis Obduskey, correspondence regarding the foreclosure of his Colorado home in 2014, about five years after he defaulted. Obduskey […]

Read the full story

Posted in STOP FORECLOSURE FRAUD0 Comments

U.S. Supreme Court rules against Colorado homeowner, says foreclosure lawyers are not debt collectors

U.S. Supreme Court rules against Colorado homeowner, says foreclosure lawyers are not debt collectors

25 March 2019

The Denver Post- The U.S. Supreme Court on Wednesday unanimously ruled that foreclosure lawyers are not debt collectors, ending a Colorado man’s years-long effort to gut the state’s century-old public trustee foreclosure system. As such, the attorneys representing Wells Fargo Bank in its efforts to foreclose on Dennis Obduskey’s home in Bailey are not subject to […]

Read the full story

Posted in STOP FORECLOSURE FRAUD0 Comments

GARY DUBIN LAW OFFICES FORECLOSURE DEFENSE HAWAII and CALIFORNIA
Advertise your business on StopForeclosureFraud.com

Archives