Make sure you catch who signed the assignment of mortgage down below… but ERICA JOHNSON-SECK!
Credit Slips–
A major issue arising in foreclosure defense cases is the homeowner’s ability to challenge the foreclosing party’s standing based on noncompliance with securitization documentation. Several courts have held that there is no standing to challenge standing on this basis, most recently the 1st Circuit BAP in Correia v. Deutsche Bank Nat’l Trust Company. (See Abigail Caplovitz Field’s cogent critique of that ruling here.) The basis for these courts’ rulings is that the homeowner isn’t a party to the PSA, so the homeowner has no standing to raise noncompliance with the PSA.
I think that view is plain wrong. It fails to understand what PSA-based foreclosure defenses are about and to recognize a pair of real and cognizable Article III interests of homeowners: the right to be protected against duplicative claims and the right to litigate against the real party in interest because of settlement incentives and abilities.
ERICA JOHNSON-SECK
Full Deposition Of ERICA JOHNSON SECK Former Fannie Mae, WSB Employee
[NYSC] JUDGE SCHACK TAKES ON ROBO-SIGNER ERICA JOHNSON SECK: DEUTSCHE BANK v. MARAJ (1) (64.591)
[NYSC] JUDGE SCHACK TAKES ON ROBO-SIGNER ERICA JOHNSON SECK: DEUTSCHE BANK v. HARRIS (2) (70.24)
[NYSC] JUDGE SCHACK TAKES ON ROBO-SIGNER ERICA JOHNSON SECK: ONEWEST BANK v. DRAYTON (3)
Wall Street Journal: Foreclosure? Not So Fast
ONEWEST BANK ‘ERICA JOHNSON-SECK’ ‘Not more than 30 seconds’ to sign each foreclosure document
INDYMAC’S/ONEWEST FORECLOSURE ‘ROBO-SIGNERS’ SIGNED 24,000 MORTGAGE DOCUMENTS MONTHLY
Thank you to Mike Dillon for pointing and providing this crucial piece below
[ipaper docId=61704717 access_key=key-16i71qddg7jbehlsos7g height=600 width=600 /]
© 2010-19 FORECLOSURE FRAUD | by DinSFLA. All rights reserved.
1. To Adam Levitin or anyone who wants to reply
2. I read Adam’s Article: Standing to invoke PSA as a foreclosure defense and the issue is probably still undecided.
3.The next question is can a debtor come in the back door in a Proof of Claim action in bankruptcy?. Under the bankruptcy code if you are not the original lender it is a violation not to list all intervening owners of the note and mortgage. Under almost all securization cases, the creditor fails to name the depositor which is a violation of the code. The debtor’s proof is the PSA of which the creditor is a party to.I ask all of you legal to be’s to comment.