FORECLOSURE FRAUD | by DinSFLA

FORECLOSURE FRAUD | by DinSFLA

TFH 10/22 | Special Seventh Year Anniversary Show Foreclosure Workshops #49 and #50: Wells Fargo Bank v. Erum — When Is a “Notice of Default” a Notice of Default and When Is It Not? Nationstar Mortgage v. Akepa Properties — When Is a Foreclosing Plaintiff’s “Lack of Standing” a Jurisdictional Defect and When Is It Not?

18 October 2017

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 – October 22 ——————— Special Seventh Year Anniversary Show Foreclosure Workshops #49 and #50: Wells Fargo […]

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BofA Judge Still Resists Erasing ‘Heartless’ Foreclosure Ruling

18 October 2017

Bloomberg- A judge who imposed a $45 million penalty on Bank of America Corp. over a foreclosure on a California couple still isn’t ready to forget the case he described as a “Kafkaesque nightmare.” U.S. Bankruptcy Judge Christopher Klein voiced exasperation Wednesday as the bank sought for the third time to win his approval of a confidential […]

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California, Ohio Extend Sanctions Against Wells Fargo Bank

17 October 2017

Corporate Counsel- California State Treasurer John Chiang said he has decided to extend his state’s financial sanctions against Wells Fargo & Co. into a second year, while Ohio extended its sanctions another six months. At least four other states and three cities also suspended their governments’ business with Wells Fargo. So far only California and Ohio have […]

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How Banks Undermined Federal Foreclosure Assistance

17 October 2017

Obama’s 2009 mortgage-modification program would have helped 70% more homeowners if lenders had been better organized. Stanford Graduate School of Business- In early 2009, in the depths of the mortgage meltdown, President Barack Obama launched a multi-billion-dollar effort to stem the flood of home foreclosures. It was called the Home Affordable Modification Program (HAMP), and […]

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Hopkins v. HOMEWARD RESIDENTIAL, INC., Cal: Court of Appeal, 1st Appellate Dist | The judgments are reversed with respect to the fifth cause of action (negligence against Homeward), the sixth cause of action (negligence against Citi), and the eleventh cause of action (unfair competition against both defendants)

16 October 2017

DONALD RAY HOPKINS, Plaintiff and Appellant, v. HOMEWARD RESIDENTIAL, INC., et al., Defendants and Respondents. No. A144292.Court of Appeals of California, First District, Division Two.Filed September 28, 2017.Appeal from the Alameda County, Superior Court No. RG 11581294. NOT TO BE PUBLISHED IN OFFICIAL REPORTS California Rules of Court, rule 8.1115(a), prohibits courts and parties […]

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TFH 10/15 | Foreclosure Workshop #48: Kipuhulu Sugar Co. v. Nakila — Does a Different Statute of Limitations Apply to the Enforcement of Mortgages than to the Enforcement of Notes?

15 October 2017

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 – October 15 ——————— Foreclosure Workshop #48: Kipuhulu Sugar Co. v. Nakila — Does a Different […]

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Citi, Deutsche Bank, HSBC agree to pay $132 million to settle Libor claims

12 October 2017

Reuters- Citigroup Inc, Deutsche Bank AG and HSBC Holdings Plc have agreed to pay a combined $132 million to settle a U.S. class action brought by futures traders accusing them of manipulating the Libor benchmark interest rate, according to a U.S. court filing on Wednesday. Citi, Deutsche Bank and HSBC agreed to pay $33.4 million, […]

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Maine Supreme Court Ruling Could Provide Relief for Victims of Foreclosure Abuse

12 October 2017

Free Press Online- Last month, the Maine Supreme Court issued a stunning rebuke to national mortgage companies that have flagrantly committed fraud and abuse against homeowners across the state. In its groundbreaking decision, the state’s highest court ruled in the case Federal National Mortgage Association (Fannie Mae) v. Deschaine that the governmentbacked mortgager Fannie Mae […]

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Statement of Acting United States Attorney David C. Weiss on the Wilmington Trust Corporation Settlement

11 October 2017

FOR IMMEDIATE RELEASE Tuesday, October 10, 2017 Statement of Acting United States Attorney David C. Weiss on the Wilmington Trust Corporation Settlement “Wilmington Trust Company (WT) has been a fixture in this community for more than 100 years. This is why the bank’s decline and the fire sale acquisition by M&T Bank was such a […]

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Carbone v. CALIBER HOME LOANS, INC., | Dist. Court, ED New York – Federal Court Holds Pre-Foreclosure Notice Is Not Subject to FDCPA

11 October 2017

H/T LEXOLOGY JANINE CARBONE, on behalf of plaintiff and a class, Plaintiff, v. CALIBER HOME LOANS, INC., Defendants. No. 15-CV-5190 (JS) (GRB).United States District Court, E.D. New York.September 19, 2017.Janine Carbone, Plaintiff, represented by Abraham Kleinman, Kleinman, LLC. Janine Carbone, Plaintiff, represented by Tiffany N. Hardy, Edelman Combs Latturner & Goodwin LLC. Caliber Home […]

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Ocwen settles servicing lawsuit with 10 states

10 October 2017

National Mortgage News- Ocwen Financial has reached a settlement with 10 states under which it may not acquire servicing rights for eight months but will avoid financial penalties. The settlement does not end the lawsuits filed in April against the West Palm Beach, Fla., company by the Consumer Financial Protection Bureau and 19 other states. In response, […]

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Millions For Homeowners Facing Foreclosure Squandered By State Agencies

10 October 2017

Forbes- Novelist Thomas Wolfe once wrote that he marveled how “a silver dollar, if held close enough to the eye, could blot out the sun itself.” That may apply to some administrators of the Hardest Hit Fund, which was created in 2010 to assist state housing finance agencies help homeowners in danger of foreclosure. Unfortunately, […]

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Wells Fargo Offering Refunds Nationwide for Improper Mortgage Fees

09 October 2017

Propublica- In a scandal that extended wider than was previously known, Wells Fargo said it would offer refunds to tens of thousands of customers who were improperly charged fees on home mortgages. ProPublica first reported earlier this year that the bank was chiseling customers by making them pay to extend interest rates on loans even when the delays were […]

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TFH 10/ 8 | Foreclosure Workshop #47: Burciaga v. Deutsche Bank National Trust Company; and S&A Capital Partners, Inc. v. JP Morgan Chase — Homeowners Unite!

08 October 2017

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 – October 8 ——————— Foreclosure Workshop #47: Burciaga v. Deutsche Bank National Trust Company; and S&A […]

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BofA Judge Balks at Ripping Up Scathing Foreclosure Ruling

05 October 2017

Bloomberg- A bankruptcy judge who spent 107 pages excoriating Bank of America Corp. over its “heartless” foreclosure on a California couple is not happy that the homeowners want him to erase his words. The couple reached a private settlement with the bank that calls for rescinding both the $45 million penalty the judge imposed on […]

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Join your fellow homeowners. Sign up as a Member of the Homeowners SuperPAC. Click on and send in your Membership Application today!

05 October 2017

*The Homeowners SuperPAC is federally registered, just now actively organizing throughout the United States. We do not endorse political candidates or political parties, but instead seek to educate judges, lawyers, legislators, legal educators, homeowners, and the general public to bring about needed reforms. Annual membership fees are $100 for each individual. If you wish to […]

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Nevada Supreme Court Rules HOA Super-Priority Liens Can Be Revived after Release

04 October 2017

LEXOLOGY- Homeowners’ associations have a more robust tool for forcing mortgage lenders to pay delinquent assessments following a September 14 decision by the Nevada Supreme Court. Nevada HOAs have enjoyed a super-priority lien under NRS 116.3116 for nine months of unpaid assessments preceding institution of foreclosure proceedings, in addition to certain charges for maintenance and […]

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Move over Pam Bondi Manhattan DA dropped criminal case against Trump children. Then he received a big $25,000 check

04 October 2017

TRD- Why did Manhattan District Attorney Cyrus Vance Jr. abruptly drop a criminal case against Donald Trump Jr. and Ivanka Trump in August 2012? A new report suggests money may have something to do with it. The DA’s office believed the Trump children repeatedly lied to condo buyers by inflating their sales success at the Trump Soho […]

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FRIEDLE v. BANK OF NEW YORK MELLON | FL 4DCA – Bank failed to prove its standing at the filing of suit … We reverse and remand for vacation of the final judgment and entry of an involuntary dismissal of the complaint.

03 October 2017

JUSTIN FRIEDLE and SANDRA FRIEDLE, Appellants, v. THE BANK OF NEW YORK MELLON, f/k/a THE BANK OF NEW YORK, as successor-in-interest to JPMORGAN CHASE BANK, N.A., as trustee for STRUCTURED ASSET MORTGAGE INVESTMENTS II INC., BEAR STEARNS ALT-A TRUST, MORTGAGE PASSTHROUGH CERTIFICATES, SERIES 2005-10, Appellee. No. 4D15-1750.District Court of Appeal of Florida, Fourth District.September […]

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Exclusive: U.S. mulls further Wells Fargo sanction over sales abuses – source

03 October 2017

Reuters- The main regulator for Wells Fargo & Co (WFC.N) is considering whether to sanction the U.S. bank over improperly charging customers for car insurance and mortgage loans, according to a source familiar with the matter. The Office of the Comptroller of the Currency (OCC) has for weeks debated how to take action on the […]

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DAVID KESTER V. CITIMORTGAGE, INC. | 9th Cir – “the recording of false or fraudulent documents that assert an interest in a property may cloud the property’s title”

02 October 2017

NOT FOR PUBLICATION UNITED STATES COURT OF APPEALS FOR THE NINTH CIRCUIT DAVID A. KESTER, on behalf of himself and all others similarly situated, Plaintiff-Appellant, v. CITIMORTGAGE INC.; et al., Defendants-Appellees. excerpt CitiMortgage and CR Title (“Defendants”) knowingly caused the recording of invalid property documents in violation of ARIZ. REV. STAT. (“A.R.S.”) § 33- 420(A). […]

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Nomura, RBS lose bid to overturn $839 million mortgage bond award

02 October 2017

REUTERS- Nomura Holdings Inc (8604.T) and Royal Bank of Scotland Group Plc (RBS.L) lost a U.S. court appeal on Thursday to overturn an order requiring them to pay $839 million for making false statements while selling mortgage-backed securities to Fannie Mae (FNMA.PK) and Freddie Mac(FMCC.PK). The two banks had challenged the 2015 award on multiple […]

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