via kdenninger | July 04, 2010

It’s unlawful to enter an order into a securities market for the purpose of attempting to manipulate the price – that is, to express other than a genuine intent to buy or sell.

It happens every day. But tonight, it’s especially blatant, so I captured it and present it here for you.

On June 24, PACT, CCISCO and the PICO National Network hosted a U.S. Treasury Hearing with 500 community members to urge Policy Director Laurie Maggiano: Treasury must do more to hold banks accountable for modifying loans to keep families in their homes. Tax payers bailed out the big banks, and now they need to be a part of stopping preventable foreclosures and rebuilding the economy.

Treasury is responsible for implementing President Obama’s Home Affordable Modification Program (HAMP) that promised to help 3-4 million homeowners avoid foreclosure. Fewer than 10% of these homeowners have received permanent loan modifications. We are working to change that!

Treasury Policy Director Laurie Maggiano agreed to:
• Make the program more inclusive of homeowners in need of loan modifications.
• Get back to PACT in writing within 30 days after taking all the stories, research, and demands for change back to Treasury Secretary Timothy Geithner.

CAN YOU FEEL the ANGER? ….I DID!

Continuous housing foreclosures have made this the deepest housing crisis since the great depression. As Seth Doane reports, one judge has become determined to keep families in their houses.

Judge Arthur Schack!

Source: CBSNews

Shhh…Anyone who has any of these named should pay close attention.

Assignment blew up in their face!

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Hasn’t this law firm learned their lesson…time and time again??

Homeowners’ hero judge slaps US Bank

Post staff for NYPOST
Last Updated: 4:42 AM, July 5, 2010
Posted: 12:44 AM, July 5, 2010

Brooklyn’s battling Judge Arthur M. Schack has struck again, giving a Brooklyn homeowner an Independence Day gift — freedom from foreclosure.

The judge, who has steadfastly pressed banks in foreclosure cases to prove they own the troubled mortgage and has tossed cases when banks have failed to do so, has again dismissed a foreclosure case — this time because the lawyer on the case, Steven J. Baum, represented the mortgage broker, the bank that bought the loan and the industry registration service serving as the nominee of the loan.

But Baum’s conflict of interest wasn’t the case’s only problem.

Judge Schack, in his decision, also found that the bank, US Bank, never should have filed the foreclosure action because of an “ineffective assignment of the subject mortgage and note to it.” In other words, it sold the mortgage, and the mortgage was securitized, leaving the company simply as the servicer — but it decided to try and take back the Crown Heights home anyway.

The Post has reported that the actions of the Baum firm in foreclosure cases has caught the eye of the US Trustee, the arm of the Justice Department responsible for monitoring the Bankruptcy Court.

Baum, a Buffalo-based foreclosure mill that filed 12,551 foreclosure actions in New York last year, has been scolded by judges for bringing foreclosure cases without proper documentation.

In this case, a Baum lawyer, Elpiniki Bechakas, signed papers claiming to be an executive of Mortgage Electronic Registration System, or MERS, which was given certain rights to the mortgages by the broker, Fremont Investment and Loan, while simultaneously representing Fremont and US Bank, which filed the foreclosure in July 2009.

“The Court is concerned that the concurrent representation by [the Baum firm] of both assignor MERS, as nominee for Fremont, and assignee plaintiff US Bank is a conflict of interest,” Schack wrote.

Photo Credit: CBS

You Walk Away is a site that advertises heavily on Loansafe.org. This is the first place I ever heard, encountered them…I thought this was their company. I wonder what the outcome of this will be?

The Attorney General of Indiana announced that they were suing five foreclosure consultant companies. Included in this law suit was “You Walk Away” LLC of California. The attorney General is filing law suits on these companies as a result of an investigation into alleged fraudulent business activity.

These companies like so many fraudulent foreclosure consultants have been charging distressed homeowners upfront for negotiation services and then never rendering these services. O to put it another way “You walk away” walked away with your money.

Continue reading …. articlerich

Legal information is NOT legal advice. The material or information herein should NOT be taken as legal advice and is NOT a substitute for the assistance of a licensed advisor. I AM NOT AN ATTORNEY.

If you are facing foreclosure or have a sale date pending and you have proper legal grounds to challenge the foreclosure etc., there is a handful of strategies. You may be able to get a Temporary Restraining Order (TRO) and eventually a Preliminary Injunction.

Hopefully, there is valid grounds to halt the foreclosure sale.

Do however, be cautious NOT to file a lawsuit to simply try to delay, look at the options you have:

• Is it a lawful foreclosure?
• Are there any possible Truth In Lending Act violations?
• Is there an unaccountability of all documents required to be filed with the court?
• Was the Assignment Of Mortgage (Deed of Trust) ever recorded where applicable?
• If so, was it done timely, named exact parties with equitable rights?
• Any conflict of interest involved?
• Was the transferee engaged in fraud?
• Were you surprised to see an unknown entity that magically appeared?

Do NOT go with the mind set you are going to get a free and clear house.

Do your research before shot gunning to file a Quiet Title. Again, what are the requirements in order to have this ground? This might fire back at you.

If you are not certain of what to do next contact a knowledgeable foreclosure defense attorney. I made a list of what to look for before choosing an Attorney who understands foreclosure defense.

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Disclaimer: The information herein should not be taken as legal advice and is not a substitute for the assistance of a licensed advisor. I AM NOT AN ATTORNEY.