FORECLOSURE FRAUD | by DinSFLA

FORECLOSURE FRAUD | by DinSFLA

HANMI BANK v. CHUHAK & TECSON, PC, 2018 IL App (1st) | The three-count complaint included allegations that the defendants committed professional negligence…The complaint further alleged that the defendants breached their fiduciary duty by making misrepresentations to the Bank that sought to conceal the defendants’ potential liability for legal malpractice.

13 December 2018

2018 IL App (1st) 180089 HANMI BANK, Plaintiff-Appellant, v. CHUHAK & TECSON, P.C., MICHAEL GILMARTIN, and CARY FLEISHER, Defendants-Appellees. No. 1-18-0089.Appellate Court of Illinois, First District, Sixth Division.December 7, 2018.Appeal from the Circuit Court of Cook County, No. 17 L 2449, Honorable Diane Shelley, Judge Presiding. JUSTICE CUNNINGHAM delivered the judgment of the court, with […]

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Computer glitch costs Virginia couple their home: ‘I begged them for help’

12 December 2018

WTVR- Foreclosures can be extremely painful events. Imagine finding out years later that it was all a big mistake. That’s exactly what happened to Jeff and Eva Reiner. The couple turned to Wells Fargo (WFC), their mortgage servicer, for help making their payments after Eva, the family’s breadwinner, was laid off by Verizon (VZ) in […]

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Freddie Mac Announces Holiday Eviction Moratorium

11 December 2018

MCLEAN, Va., Dec. 10, 2018 (GLOBE NEWSWIRE) — Freddie Mac(OTCQB: FMCC) announced today a nationwide suspension of eviction lock-outs between Dec. 17, 2018 and Jan. 2, 2019. The moratorium applies to all foreclosed, occupied homes owned by Freddie Mac. “As we have done in past years, we are suspending evictions from Freddie Mac-owned homes to help […]

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Fannie Mae Announces Eviction Suspension for the Holidays

11 December 2018

Alicia Jones 202-752-5716 WASHINGTON, DC – Fannie Mae (FNMA/OTCQB) announced today that it will suspend eviction lockouts of foreclosed single-family properties during the holiday season. The suspension of eviction lockouts will apply to single-family and 2-4 unit properties from December 17, 2018 through January 2, 2019. During this period, legal and administrative proceedings for evictions […]

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Maki v. GREEN TREE SERVICING, LLC | FL 2nd DCA – as has become far too common in residential foreclosure cases, the plaintiff that took the case to trial—Wilmington Savings Fund Society, FSB, which was neither the original lender nor the original plaintiff—failed to present legally sufficient evidence that it had standing under section 673.3011, Florida Statutes (2016), to enforce the promissory note upon which this foreclosure action is based

10 December 2018

GREGORY MAKI and ELIZABETH MAKI, Appellants, v. GREEN TREE SERVICING, LLC, Appellee. Case No. 2D17-922.District Court of Appeal of Florida, Second District.Opinion filed December 5, 2018.Appeal from the Circuit Court for Lee County; Michael T. McHugh, Judge. Gregory Maki and Elizabeth Maki, pro se. Preston C. Davis, Stephen Janes, Steven G. Hurley, and William […]

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TFH 12/9 | 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)

09 December 2018

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 – December 9, 2018 Paragraph 22, The Notice of Default and Right To Cure: How To Use […]

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FTC V. AMG CAPITAL MANAGEMENT, LLC | $1.3B award upheld against racecar driver Scott Tucker over payday loans

06 December 2018

Prosecutors have said he made billions of dollars by exploiting financially struggling Americans, charging illegal interest rates that sometimes exceeded 1,000 percent. NBC- A U.S. appeals court on Monday upheld a nearly $1.3 billion award against a pro racecar driver who was sent to prison following a conviction for cheating consumers through his payday loan […]

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JERRY HOANG V. BANK OF AMERICA, N.A. | 9th Circuit – borrower has six years thereafter to file an action in court to rescind in Washington State based on that rescission notice to a lender if rejected, calculated in a way analogous to that State’s most similar statute of limitations, and similarly as to other States…now controlling in every federal district court in the Ninth Circuit unless subsequently the Hoang panel decision is reconsidered and modified en banc.

06 December 2018

H/T Dubin Law Offices The panel held that under Jesinoski v. Countrywide Home Loans, 135 S. Ct. 790, 792 (2015), borrowers may affect rescission of such a loan simply by notifying the creditor of their intent to rescind within the three-year period from the loan’s consummation date. The panel further held that because TILA did […]

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A second Wells Fargo glitch results in the foreclosure of more homes

05 December 2018

Digital Trends- Wells Fargo blamed a computer glitch for the second time this year that resulted in the bank mistakenly foreclosing on hundreds of homes over an eight-year period, CBS News reported. The software error applied to loan modification applications submitted between March 15, 2010, and April 30, 2018, according to Wells Fargo. In November, […]

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Flagstar finalizes acquisition of Wells Fargo branches

04 December 2018

Housing Wire- Flagstar Bank announced it finalized its acquisition of 52 Wells Fargo branches on Monday. The branches are located across four Midwest states and include approximately $2 billion in deposits, along with certain related assets. As previously reported, the bank branches are located in Indiana, Michigan, Ohio and Wisconsin. This move involves about 490 team members, all of […]

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Wells Fargo computer glitch blamed after more than 500 people lose their homes

04 December 2018

WTSP- Wells Fargo partially blames a computer glitch for an error that cost approximately 545 people their homes. The bank told the Securities and Exchange Commission it incorrectly denied 870 requests to modify loans over an eight-year period, and roughly 60 percent of those homeowners ended up in foreclosure, according to CBS News. Now, regulators want […]

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Exclusive: Consumer bureau name change could cost firms $300 million

04 December 2018

The Hill- Changing the name of the Consumer Financial Protection Bureau (CFPB) could cost the businesses it regulates more than $300 million, according to an internal agency analysis obtained by The Hill. Banks, lenders and other financial services firms subject to CFPB supervision could be required to spend millions of dollars if the agency goes […]

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TFH 12/2 | Kipuhulu Sugar Co. v. Nakila — Does a Different Statute of Limitations Apply to the Enforcement of Mortgages than to the Enforcement of Notes? (Foreclosure Workshop #48: Rebroadcast from October 15, 2017)

01 December 2018

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 – December 2, 2018 Kipuhulu Sugar Co. v. Nakila — Does a Different Statute of Limitations Apply […]

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DEUTSCHE BANK, TRUMP’S SUGAR DADDY, RAIDED BY POLICE ON SUSPICION OF MONEY LAUNDERING

29 November 2018

The German lender, who Trump owes $300 million, is not having a great morning. Vanity Fair- The past few years have not been the best of times for Deutsche Bank. In fact, one might characterize them as whatever is German for anni fucking horribiles, which is to say that at various points the lender has: failed its stress test; released its […]

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Deutsche Bank raided over suspected money laundering

29 November 2018

DW- A money laundering probe stemming from the “Panama Papers” has led police to Deutsche Bank, according to authorities. Prosecutors believe the bank helped clients “transfer money from criminal activities” to tax havens. Federal police on Thursday raided the Frankfurt offices of Deutsche Bank. The Frankfurt prosecutor’s office said the raids stemmed from an investigation […]

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Update and Expansion: Appeals in a Foreclosure Case, an Empty Right in Ohio?

27 November 2018

Blockchain and Banking- A few months ago, I posted a blog article questioning the true economic viability of appellate opportunities of a putative junior lien creditor in Ohio foreclosure cases. In that post, I speculated on the situation that might be faced by an appealing mortgagor if it wanted to appeal from a trial court order […]

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Falcon v. WILMINGTON SAVINGS FUND SOCIETY, FSB | FL 3rd DCA – Because the judicial default was entered against the Borrower without allowing the Borrower a meaningful amount of time to respond to the motion for default, we reverse.

26 November 2018

Blasino Falcon, Appellant, v. Wilmington Savings Fund Society, FSB, Appellee. Case No. 3D17-1799.District Court of Appeal of Florida, Third District.Opinion filed November 21, 2018.An Appeal from the Circuit Court for Miami-Dade County, Lower Tribunal No. 17-1192, Rodney Smith, Judge. Legal Services of Greater Miami, Inc., and Jacqueline C. Ledon and Jeffrey M. Hearne, for […]

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TFH 11/25 | Introducing a New, Quicker and Inexpensive, Detailed Evidence Strategy for Effectively Defeating Securitized Trust Foreclosures, Being Revealed Exclusively for the First Time to Our Foreclosure Hour Listeners

25 November 2018

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 – November 25, 2018 Introducing a New, Quicker and Inexpensive, Detailed Evidence Strategy for Effectively Defeating Securitized […]

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PennyMac Corp. v. Travis | Hawaii ICA – There is a genuine issue of fact as to when Chase was entitled to enforce the Note, and thus had standing at the time the Complaint was filed

25 November 2018

Great Job Gary Dubin Law Offices! CAAP-16-0000806sdo by DinSFLA on Scribd © 2010-18 FORECLOSURE FRAUD | by DinSFLA. All rights reserved.

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THE NON CONSUMER CFPB Files SCOTUS Amicus Brief; Argues FDCPA Does Not Apply To Non-Judicial Foreclosure Proceedings

20 November 2018

The National Law Review- The CFPB has filed an amicus brief in the U.S. Supreme Court in support of the respondent/law firm defendant in Obduskey v. McCarthy & Holthus LLP, et al., a Tenth Circuit decision that held that a law firm hired to pursue a non-judicial foreclosure under Colorado law was not a debt collector as defined […]

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Four generation home lost to foreclosure

19 November 2018

Wowt- After living in one Omaha home for decades, it’ll have a new owner. However, it’s not by choice. Judi Lee, 75, is being forced to move out after failing to amend a loan. Ten years ago, Lee’s mother used the home for collateral on a 45,000 dollar loan through Wells Fargo. “She was 90 […]

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TFH 11/18 | Introducing a New, More Powerful Foreclosure Defense Being Revealed Exclusively for the First Time to Our Foreclosure Hour Listeners

18 November 2018

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 – November 18, 2018 Introducing a New, More Powerful Foreclosure Defense Being Revealed Exclusively for the First […]

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