FORECLOSURE FRAUD | by DinSFLA
FYI: NY Enacts Law Affecting Mandatory Foreclosure Settlement Conferences, Pre-Foreclosure Maintenance and Registration as to Vacant Properties

FYI: NY Enacts Law Affecting Mandatory Foreclosure Settlement Conferences, Pre-Foreclosure Maintenance and Registration as to Vacant Properties

28 June 2016

via Maurice Wutscher LLP- On June 23, 2016, New York Governor Cuomo signed S8159 (attached) into law, which among other things contains provisions relating to:   Mandatory settlement conferences in residential foreclosures.  The new law modifies New York’s mandatory settlement conference provisions for residential mortgage foreclosures to among other things allow courts to sanction mortgagees […]

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MORGAN v THE BANK OF NEW YORK MELLON | FL 1DCA – Because the Bank already had the burden to present evidence establishing its standing, it cannot claim it is prejudiced by Appellant’s defense challenging the sufficiency of that evidence.

MORGAN v THE BANK OF NEW YORK MELLON | FL 1DCA – Because the Bank already had the burden to present evidence establishing its standing, it cannot claim it is prejudiced by Appellant’s defense challenging the sufficiency of that evidence.

28 June 2016

IN THE DISTRICT COURT OF APPEAL FIRST DISTRICT, STATE OF FLORIDA NOT FINAL UNTIL TIME EXPIRES TO FILE MOTION FOR REHEARING AND DISPOSITION THEREOF IF FILED CASE NO. 1D15-2401 LINDA G. MORGAN, Appellant, v. THE BANK OF NEW YORK MELLON, f/k/a THE BANK OF NEW YORK, AS TRUSTEE FOR THE CERTIFICATEHOLDERS OF CWALT 2400-25CB, Appellee. […]

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Deutsche Bank v Pinette | VT Superior Court – Amazing when the lender doesn’t know … what the right hand isn’t doing from the left hand

Deutsche Bank v Pinette | VT Superior Court – Amazing when the lender doesn’t know … what the right hand isn’t doing from the left hand

27 June 2016

H/T Dave Krieger NOTICE: This opinion is subject to motions for reargument under V.R.A.P. 40 as well as formal revision before publication in the Vermont Reports. Readers are requested to notify the Reporter of Decisions by email at: JUD.Reporter@vermont.gov or by mail at: Vermont Supreme Court, 109 State Street, Montpelier, Vermont 05609-0801, of any errors […]

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BofA’s Merrill Lynch to Pay $415 Million for Misusing Customer Cash and Putting Customer Securities at Risk

BofA’s Merrill Lynch to Pay $415 Million for Misusing Customer Cash and Putting Customer Securities at Risk

27 June 2016

FOR IMMEDIATE RELEASE 2016-128 Washington D.C., June 23, 2016 —The Securities and Exchange Commission today announced that Merrill Lynch has agreed to pay $415 million and admit wrongdoing to settle charges that it misused customer cash to generate profits for the firm and failed to safeguard customer securities from the claims of its creditors. An […]

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HSBC Bank USA, N A. v Sanchez | NYSC – Judge Straniere Dissects Mortgage from Cradle to Grave

HSBC Bank USA, N A. v Sanchez | NYSC – Judge Straniere Dissects Mortgage from Cradle to Grave

27 June 2016

Decided on June 9, 2016 Supreme Court, Richmond County HSBC Bank USA, National Association, AS TRUSTEE FOR DEUTSCHE ALT-SECURITES MORTGAGE LOAN TRUST, SERIES 2007-AR3, Plaintiff, against Veronica Sanchez, BOARD OF DIRECTORS OF THE BENZINGER AVENUE HOMEOWNERS ASSOCIATION, et.al., , Defendants. 130348/13 Plaintiff Hogan Lovells US LLP 875 Third Avenue New York, NY 10022 Defendant Salfarlie, […]

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U.S. Bank N.A. v. Mattos | Hawaii Supreme Court Grants Review

U.S. Bank N.A. v. Mattos | Hawaii Supreme Court Grants Review

23 June 2016

SCWC-14-0001134 IN THE SUPREME COURT OF THE STATE OF HAWAI’I ________________________________________________________________ U.S. BANK N.A. IN ITS CAPACITY AS TRUSTEE FOR THE REGISTERED HOLDERS OF MASTR ASSET BACKED SECURITIES TRUST 2005-NC1, MORTGAGE PASS-THROUGH CERTIFICATES, SERIES 2005-NC1, Respondent/Plaintiff-Appellee, vs. JOSEPH KEAOULA MATTOS, CHANELLE LEOLA MENESES, Petitioners/Defendants-Appellants, and CITIFINANCIAL, INC., ASSOCIATION OF APARTMENT OWNERS OF TERRAZA/CORTEBELLA/LAS BRISAS/TIBURON, EWA […]

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FROST v CHRISTINA TRUST | FL 4DCA – Given the many caveats in the PAA, Christiana Trust’s failure to prove that Chase actually purchased the Note, instead of simply acquiring the servicing rights, is fatal to its case

FROST v CHRISTINA TRUST | FL 4DCA – Given the many caveats in the PAA, Christiana Trust’s failure to prove that Chase actually purchased the Note, instead of simply acquiring the servicing rights, is fatal to its case

23 June 2016

DISTRICT COURT OF APPEAL OF THE STATE OF FLORIDA FOURTH DISTRICT ROBERT T. FROST a/k/a ROBERT FROST, Appellant, v. CHRISTIANA TRUST, a Division of Wilmington Savings Fund Society, FSB, as Trustee for Normandy Mortgage Loan Trust, Series 2013-18, JP MORGAN CHASE BANK, NATIONAL ASSOCIATION, MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INC., as Nominee for AMERICA’S WHOLESALE LENDER, […]

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JALLALI v CHRISTINA TRUST | 4DCA – On Motion to Recall Mandate…Accordingly, we reverse the final judgment of foreclosure for lack of standing and remand with instructions for the trial court to enter an involuntary dismissal in favor of appellant

JALLALI v CHRISTINA TRUST | 4DCA – On Motion to Recall Mandate…Accordingly, we reverse the final judgment of foreclosure for lack of standing and remand with instructions for the trial court to enter an involuntary dismissal in favor of appellant

23 June 2016

DISTRICT COURT OF APPEAL OF THE STATE OF FLORIDA FOURTH DISTRICT FALLON RAHIMA JALLALI, Appellant, v. CHRISTIANA TRUST, a division of WILMINGTON SAVINGS FUND SOCIETY, FSB, as Trustee for NORMANDY MORTGAGE LOAN TRUST, SERIES 2013-15, Appellee. No. 4D14-2369 [June 8, 2016] Appeal from the Circuit Court for the Fifteenth Judicial Circuit, Palm Beach County; Cynthia […]

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TFH 6/26 | The Foreclosure Hour’s Sixth Year Anniversary Two-Hour Special: 50 Ways The Foreclosure System Is Rigged Against Homeowners And The Only Thing That Can Possibly Now Be Done About It.

TFH 6/26 | The Foreclosure Hour’s Sixth Year Anniversary Two-Hour Special: 50 Ways The Foreclosure System Is Rigged Against Homeowners And The Only Thing That Can Possibly Now Be Done About It.

23 June 2016

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 – June 26, 2016 The Foreclosure Hour’s Sixth Year Anniversary Two-Hour Special: 50 Ways The Foreclosure […]

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Manager And Two Debt Collectors Plead Guilty In $31 Million Fraudulent Debt Collection Scheme

Manager And Two Debt Collectors Plead Guilty In $31 Million Fraudulent Debt Collection Scheme

22 June 2016

Department of Justice U.S. Attorney’s Office Southern District of New York FOR IMMEDIATE RELEASE Wednesday, June 15, 2016 Manager And Two Debt Collectors Plead Guilty In $31 Million Fraudulent Debt Collection Scheme Preet Bharara, the United States Attorney for the Southern District of New York, announced that HEATHER GASTA, a/k/a “Heather Brez,” a former manager […]

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CFPB Supervision Finds Mortgage Servicers’ Ongoing Technology Failures and Process Breakdowns Trigger Rule Violations

CFPB Supervision Finds Mortgage Servicers’ Ongoing Technology Failures and Process Breakdowns Trigger Rule Violations

22 June 2016

FOR IMMEDIATE RELEASE: June 22, 2016 CONTACT: Office of Communications Tel: (202) 435-7170 CONSUMER FINANCIAL PROTECTION BUREAU SUPERVISION FINDS MORTGAGE SERVICERS’ ONGOING TECHNOLOGY FAILURES AND PROCESS BREAKDOWNS TRIGGER RULE VIOLATIONS CFPB Releases Special Edition of Supervision Highlights and Updates Mortgage Servicing Exam Procedures WASHINGTON, D.C. — Today the Consumer Financial Protection Bureau (CFPB) released a special […]

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Wall Street Donors to Clinton: Pick Warren and Your Fundraising Gets It

Wall Street Donors to Clinton: Pick Warren and Your Fundraising Gets It

22 June 2016

NY MAG- Wall Street donors have a message for Hillary Clinton: You can have our cash or Elizabeth Warren as your running mate, but you can’t have both. Dozens of anonymous financial fat cats tell Politico that Vice-President Warren would be “damaging to the economy” — especially the “economy” of Hillary for America. “If Clinton […]

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OCWEN LOAN SERVICING, LLC v. BURGETTE | OHIO Appeals Court – because the affidavit evidences that her knowledge with respect to those facts was derived from Ocwen’s business records, her affidavit did not satisfy Ocwen’s burden of establishing the absence of a genuine issue of fact with respect to Mr. Burgette’s default

OCWEN LOAN SERVICING, LLC v. BURGETTE | OHIO Appeals Court – because the affidavit evidences that her knowledge with respect to those facts was derived from Ocwen’s business records, her affidavit did not satisfy Ocwen’s burden of establishing the absence of a genuine issue of fact with respect to Mr. Burgette’s default

21 June 2016

2016-Ohio-3102 OCWEN LOAN SERVICING, LLC, Appellee, v. DENNIS L. BURGETTE, et al., Appellants. C.A. No. 15CA010785.Court of Appeals of Ohio, Ninth District, Lorain County.May 23, 2016.ROBERT CABRERA, Attorney at Law, for Appellants. KIMBERLY Y. SMITH RIVERA, Attorney at Law, for Appellee. DECISION AND JOURNAL ENTRY MOORE, Presiding Judge. {¶1} Defendants-Appellants Dennis and Linda Burgette appeal […]

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Parrish et al v FNMA | Va Sup Ct Unlawful Detainer Action Vacated and Dismissed

Parrish et al v FNMA | Va Sup Ct Unlawful Detainer Action Vacated and Dismissed

20 June 2016

H/T Dave Krieger PRESENT: Lemons, C.J., Mims, McClanahan, Powell, and Kelsey, JJ., and Russell and Millette, S.JJ. BRIAN D. PARRISH, ET AL. OPINION BY v. Record No. 150454 JUSTICE WILLIAM C. MIMS June 16, 2016 FEDERAL NATIONAL MORTGAGE ASSOCIATION FROM THE CIRCUIT COURT OF HANOVER COUNTY J. Overton Harris, Judge In this appeal, we consider […]

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TFH 6/19 | Ten Hidden Secrets of Securitized Trusts They Desperately Do Not Want You or Your Judge To Know

TFH 6/19 | Ten Hidden Secrets of Securitized Trusts They Desperately Do Not Want You or Your Judge To Know

19 June 2016

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 – June 19, 2016 Ten Hidden Secrets of Securitized Trusts They Desperately Do Not Want You […]

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Federal Natl. Mtge. Assoc. v Higgins | NYSC- In sum, it does not seem prudent to view possession of a copy of a note as evidence of possession of the original.

Federal Natl. Mtge. Assoc. v Higgins | NYSC- In sum, it does not seem prudent to view possession of a copy of a note as evidence of possession of the original.

16 June 2016

Do we have Judge Schack in the making here??? PRESENT: HON. NOACH DEAR, J.S.C. Index No.:511643114 FEDERAL NATIONAL MORTGAGE ASSOC, Plaintiff, ~against- RICHARD HIGGINS et aI, Defendant, Upon the foregoing cited papers, the Decision/Order on this Motion is as follows: Plaintiff moves for summary judgment and an order of reference. Defendant opposes and cross-moves for […]

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CRUZ vs JPMORGAN CHASE | FL 4DCA – On Motions for Rehearing and Clarification – We reverse and remand for entry of an involuntary dismissal of the foreclosure complaint.

CRUZ vs JPMORGAN CHASE | FL 4DCA – On Motions for Rehearing and Clarification – We reverse and remand for entry of an involuntary dismissal of the foreclosure complaint.

15 June 2016

DISTRICT COURT OF APPEAL OF THE STATE OF FLORIDA FOURTH DISTRICT OTTONIEL CRUZ and LUZ M. CRUZ, Appellants, v. JPMORGAN CHASE BANK, NATIONAL ASSOCIATION, AS SUCCESSOR IN INTEREST TO WASHINGTON MUTUAL BANK, FORMERLY KNOWN AS WASHINGTON MUTUAL BANK, F.A., Appellee. No. 4D14-3799 [June 15, 2016] Appeal from the Circuit Court for the Seventeenth Judicial Circuit, […]

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Magaldi v. Deutsche Bank National Trust Company | bank relies to some extent on the assignment, but the assignment was dated 2010—after suit was filed—and does not offer any indication of whether the bank held the note endorsed in its favor or in blank when it commenced the subject litigation

Magaldi v. Deutsche Bank National Trust Company | bank relies to some extent on the assignment, but the assignment was dated 2010—after suit was filed—and does not offer any indication of whether the bank held the note endorsed in its favor or in blank when it commenced the subject litigation

15 June 2016

DISTRICT COURT OF APPEAL OF THE STATE OF FLORIDA FOURTH DISTRICT VICTORIA S. MAGALDI, Appellant, v. DEUTSCHE BANK NATIONAL TRUST COMPANY, As Trustee For WAMU 2005-AR6, Appellee. No. 4D15-1043 [June 15, 2016] Appeal from the Circuit Court for the Fifteenth Judicial Circuit, Palm Beach County; Roger B. Colton, Senior Judge; L.T. Case No. 502009CA015214XXXXMB. Victoria […]

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Higgins v. DYCK-O’NEAL, INC. | FL 1st DCA – Appellee was precluded from filing an action at law seeking damages based on Appellants’ failure to satisfy their promissory note on the property at issue, because Appellees had filed a prior foreclosure action which included a prayer for a deficiency judgment

Higgins v. DYCK-O’NEAL, INC. | FL 1st DCA – Appellee was precluded from filing an action at law seeking damages based on Appellants’ failure to satisfy their promissory note on the property at issue, because Appellees had filed a prior foreclosure action which included a prayer for a deficiency judgment

14 June 2016

SYLVIA HIGGINS and COLLIER HIGGINS, Appellants, v. DYCK-O’NEAL, INC., Appellee. Case No. 1D15-4784.District Court of Appeal of Florida, First District. Opinion filed June 9, 2016.Austin Tyler Brown of Parker & DuFresne, P.A., Jacksonville, for Appellants. Susan B. Morrison, Tampa, for Appellee. THOMAS, J. Appellants, Collier Higgins & Sylvia Higgins, seek review of an order denying […]

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RICO | BofA, Countrywide Hit With Appraisal Suits By Home Buyers

RICO | BofA, Countrywide Hit With Appraisal Suits By Home Buyers

14 June 2016

Law360- A proposed nationwide class of home buyers have accused Bank of America Corp., Countrywide Financial Corp. and appraisal firm LandSafe Inc. of conducting phony appraisals in an attempt to secure more loans, filing a lawsuit in California federal court on Thursday stemming from previously settled whistleblower claims. Home buyers in California and Florida allege […]

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Freddie Mac Document Custody Procedures Handbook | Document Delivery and Processing Procedures

Freddie Mac Document Custody Procedures Handbook | Document Delivery and Processing Procedures

13 June 2016

Background Document Custodians must verify certain information contained in the Notes and related documents for the Mortgages sold to Freddie Mac and certify those verifications and that the documents are original. We refer to this process as “certification” or “certifying” the Notes. This chapter details our requirements for certifying Notes delivered to Freddie Mac, including […]

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Why are so many bankers committing suicide?

Why are so many bankers committing suicide?

13 June 2016

NY POST- Three bankers in New York, London and Siena, Italy, died within 17 months of each other in 2013-14 in what authorities deemed a series of unrelated suicides. But in each case, the victim had a connection to a burgeoning global banking scandal, leaving more questions than answers as to the circumstances surrounding their […]

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