Posted on 26 June 2011. Tags: 2923.5, American Home Mortgage Servicing, ANGELA SACCI, assignment of mortgage, california, Civil Code § 2923.5, deed of trust, DOT, fidelity, foreclosure fraud, Judge A. Howard Matz, MERS, MORTGAGE ELECTRONIC REGISTRATION SYSTEMS INC., Power Default Services, Residential Credit Solutions, trustee
UNITED STATES DISTRICT COURT
CENTRAL DISTRICT OF CALIFORNIA
ANGELA SACCI, et al
vs
MORTGAGE ELECTRONIC REGISTRATION SYSTEMS , INC,, et al
EXCERPT:
This Court has dealt with numerous mortgage-related cases, and in the process of wading through them it has learned that seemingly straightforward transactions -non – judicial foreclosures- are not at all routine. Indeed, all too often they are mystifying, because of the utterly confusing assignments, substitutions, and other transactions (some recorded, some not) conducted by a host of entities. The number and names of the defendants in Plaintiffs’ FAC only hint at what has now been revealed as the tangled story underlying this loan and the other loans involved in many of these cases.
[...]
Not only is Gomes distinguishable on it’s facts, the Gomes court actually suggested a cause of action for wrongful foreclosure might survive if “the plaintiff complaint identified a specific factual basis for alleging that the foreclosure was not initiated by the correct party.” Id. (emphasis in original). Here, Plaintiffs have alleged just such a specific factual basis – namely, that RCS was not yet the beneficiary under the DOT when it executed the Substitution of Trustee in favor of Fidelity.
[...]
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Posted in STOP FORECLOSURE FRAUD
Posted on 26 June 2011. Tags: appeals court, endorsement, Freedom Mortgage, Grisel Marrero, Juanita Perry, Juanita Petty, Lerner, LoanCare Servicing, MERS, MORTGAGE ELECTRONIC REGISTRATION SYSTEMS INC., ohio, Sampson & Rothfuss, Serafin Hernandez, Zeta Dufee
NOTE: The last name Perry & Petty in this case. Not sure which is correct?
Court of Appeals of Ohio
EIGHTH APPELLATE DISTRICT
COUNTY OF CUYAHOGA
FREEDOM MORTGAGE CORPORATION
vs.
JUANITA PERRY, ET AL.
EXCERPT:
{¶ 26} According to the note, Consumers endorsed it to Freedom on October 23, 2006. According to the assignment, MERS was Consumers’ “nominee,” and MERS had assigned the mortgage to Freedom in November 2008. Nothing indicates the latter was recorded. However, a “final judicial report” appears in the record that states the assignment had been recorded on December 19, 2008.1
[...]
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Posted in STOP FORECLOSURE FRAUD
Posted on 26 June 2011. Tags: affidavit, deutsche bank, DEUTSCHE BANK NATIONAL TRUST, Johnny Ferreira, Jose Quinones, MERS, MORTGAGE ELECTRONIC REGISTRATION SYSTEMS INC., new york, ny supreme court, process service, service, wmc mortgage corporation
NEW YORK SUPREME COURT -
QUEENS COUNTY
DEUTSCHE BANK NATIONAL TRUST CO. As TrusteeUnder Pooling and Servicing Agreement Dated as of November 1, 2006 Securitized Asset Backed Receivables Certificates Series 2006-WM3,
-against-
JOSE QUINONES, JOHNNY FERREIRA, MORTGAGE
ELECTRONIC REGISTRATION SYSTEMS, INC., As
Nominee for WMC Mortgage Corp., NYCTAB,
NYCPVB, NYCECB, JOHNNY FERREIRA JR.,
MEKIDA AZCONA, CLARENCE FORD,
EXCERPT:
The referee’s deed dated, March 27, 2009, and filed in the Office of the City Register on April 13, 2009, CFRN 2009000107255 is vacated and set aside and the defendant, Johnny Ferreira is restored to possession.
[...]
Finally, it is pointed out that even if, as plaintiff claims, the defendant was served pursuant to CPLR 308(2), no affidavit of service was filed in this action, thus, the defendant is not in default. Service pursuant to CPLR 308(2) is complete, and the defendant’s time to answer begins to run ten days after filing proof of service (see CPLR 320[a]; 3012[c]; Zareef v. Wong, 61 AD3d 749 [2009]; Marazita v. Nelbach, 91 AD2d 604 [1982], appeal withdrawn 58 NY2d 826 [1983]). No affidavit of service has been filed in this action and the plaintiff has never moved for leave to file the affidavit of service. The plaintiff’s actions, or rather inaction, has contributed if not caused the delay it claims is prejudicial.
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Posted in STOP FORECLOSURE FRAUD
Posted on 26 June 2011. Tags: adam levitin, conversion, floirda, foreclosure fraud, governor, judicial, non judicial, Ricj Scott, yves smith
Credit Slips-
Yves Smith has an interesting post up on Naked Capitalism about Florida Governor Rick Scott suggesting that Florida could switch from judicial to nonjudicial foreclosures as a way to solve its foreclosure overload. (At a Congressional hearing last fall, the head of BAC testified that 70% of judicial foreclosures are in Florida, a testament to that state’s high default rate and large population among judicial foreclosure states.)
Putting aside the political questions of whether should engage in such a change and whether the votes are there, I think there’s a really interesting legal question lurking in the suggestion. Can a state change from judicial to nonjudicial foreclosure as applied to existing mortgages? (Let’s assume that it would only apply to future foreclosures, however.)
Continue reading… [CREDITSLIPS]
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Posted in STOP FORECLOSURE FRAUD
