2011 December | FORECLOSURE FRAUD | by DinSFLA

Archive | December, 2011

Stress of foreclosure can make homeowners ill

Stress of foreclosure can make homeowners ill

Listen carefully because this is probably the most important post on this site. I know for a fact, many of you carry stress on your shoulders until it knocks you down like a ton of bricks without any notice. You get absolutely no warning.

For some time now, I wanted to post an article by Deepak Chopra for you to read called Hypertension: A Lifestyle Disorder Needs a Lifetime of Attention, so this is the perfect opportunity.

Stress is a silent killer, it’s not worth it.

SunSentinel-

Foreclosures are making Florida homeowners sick.

A series of studies over the past year, including one that zeroed in on Florida and other hard-hit states, found that people who go through home foreclosures suffer more stress-related illnesses, from high blood pressure to depression to heart trouble to nausea.

With foreclosures expected to begin rising again in the coming year, doctors and mortgage counselors said they expect to see more distressed homeowners fall ill.

[SUNSENTINEL]

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Mandi Shaw, Utah Woman With Multiple Disabilities, Asks YouTube To Help Save Her Home (VIDEO)

Mandi Shaw, Utah Woman With Multiple Disabilities, Asks YouTube To Help Save Her Home (VIDEO)

HuffPO-

Mandi Shaw was dealt a seemingly insurmountable hand.

The 47-year-old Utah woman’s heart is at only 20 percent of normal capacity, and the results of her birth defects include clubbed feet, no fingers on her right hand and teeth so soft they fell out, according to Deseret News.

Her disabilities are making it impossible for her to work and nearly impossible to pay her mortgage, according to the news site. Now, Shaw is turning to YouTube for help in keeping their home.

To anyone willing to help, Shaw says in the video: “I would be forever grateful and indebted.”

[HUFFINGTONPOST]

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KABOOOM! Judge Rakoff Says S.E.C. Misled Two Courts in Citi Case

KABOOOM! Judge Rakoff Says S.E.C. Misled Two Courts in Citi Case

NYT-

The federal judge overseeing the Securities and Exchange Commission’s fraud case against Citigroup became even more direct in his criticism of the agency’s actions on Thursday, accusing the commission of misleading both his court and the federal court of appeals.

[NEW YORK TIMES]

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Attorney General Pam Bondi Asks Fourth District Court of Appeal to Certify Important Foreclosure Investigation Case for Florida Supreme Court Review

Attorney General Pam Bondi Asks Fourth District Court of Appeal to Certify Important Foreclosure Investigation Case for Florida Supreme Court Review

NOTE: Below in her request appears a reference to a link @ #4 Nevada v. LPS, but where is her lawsuit against LPS??

Attorney General Pam Bondi today filed a motion asking the Fourth District Court of Appeal to certify that its recent decision in Law Offices of David Stern, P.A. v. State of Florida passes upon a question of great public importance. In Stern, the Fourth DCA held that the Attorney General’s Office lacked authority under the Florida Deceptive and Unfair Trade Practices Act (“FDUPTA”) to subpoena records of the Stern firm as part of an investigation into possible misconduct in the firm’s handling of foreclosure cases.

Applicable court rules require certification from the Fourth DCA before this office may appeal the Stern decision to the Florida Supreme Court. The Attorney General’s motion asks the Fourth DCA to certify that its decision in Stern passes upon the following question of great public importance: whether the creation of invalid assignments of mortgages by a law firm and subsequent use of such documents by the firm in foreclosure litigation on behalf of the purported assignee is an unfair and deceptive trade practice which may be the subject of an investigation by the Office of the Attorney General.

.
source:  http://www.myfloridalegal.com

Scribd

 

 

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BALDERAS v. COUNTRYWIDE | CA 9th Cir. Court of Appeals Reverses/ Remands “Truth in Lending Act (TILA), Right To Rescind”

BALDERAS v. COUNTRYWIDE | CA 9th Cir. Court of Appeals Reverses/ Remands “Truth in Lending Act (TILA), Right To Rescind”

FOR PUBLICATION
UNITED STATES COURT OF APPEALS
FOR THE NINTH CIRCUIT

VICTOR BALDERAS and BELEN
BALDERAS,
Plaintiffs-Appellants,

v.

COUNTRYWIDE BANK, N.A., a
National Banking Association;
AAA FUNDING, INC., DBA
USA Funding, a California corporation;
COUNTRYWIDE HOME MMA-JMA
LOANS, INC., DBA America’s
Wholesale Lender, a New York
corporation; MOR CAZAKOV, an
individual; GALENA KOROL, an
individual; DOES 1 through 10,
inclusive,
Defendants-Appellees. þ

Appeal from the United States District Court
for the Southern District of California

Michael M. Anello, District Judge, Presiding
Argued and Submitted

June 9, 2011—Pasadena, California

Filed December 29, 2011

EXCERPT:

KOZINSKI, Chief Judge:

The Balderases allege that they are immigrants who were
rooked by a bank that signed them up for loans it knew they
couldn’t afford, on terms they didn’t agree to. These are the
facts as recited in the complaint: Mor Cazakov, a mortgage
broker, cold-called the Balderases, representing that he could
refinance their home, switch them to a fixed rate mortgage
and let them cash out $50,000, all without a penalty. Subsequently,
Soraya Qassim, a “duly authorized agent” of Countrywide
Bank (Countrywide), filled out a uniform residential
loan application (URLA) for them and showed up unannounced
at their home, urging the Balderases to sign it. But
the form was in English, which they can’t read, and it overestimated
their income by over $40,000 per year. Qassim told
them it was an informal document the bank needed, so the
Balderases signed.

Three days later, on the evening of Monday, September 25,
2006, Cazakov showed up at their home with a notary public
and loan documents also written in English. He told them that
Countrywide “demanded” their signatures “that night” and he
couldn’t and wouldn’t leave without getting them. The
Balderases protested and asked to arrange the loan signing
when their English-literate daughter could attend. But Cazakov
said that Countrywide had instructed him to stay until he
got the signatures, and he “engaged in a series of actions
designed to intimidate, harass, and pressure [the Balderases]
into signing the loan documents.” After six hours of unrelenting
pressure by Cazakov and several unsuccessful attempts to
read the paperwork, the Balderases capitulated and signed the
documents just after midnight. On Wednesday, they called
Cazakov and asked him to rescind the loans. He refused. They
then called Countrywide a day later seeking the same relief.
Countrywide also refused, falsely representing it was too late.
In fact, the three-day statutory rescission period extended
through the next day, Friday, September 29.

The Balderases filed a complaint alleging, among other
things, a violation of the Truth In Lending Act (TILA). See
15 U.S.C. §§ 1601 et seq. Countrywide filed a 12(b)(6)
motion, which the district court granted. This timely appeal
followed.

* * *

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TYT: Feds Won’t Prosecute Banks Despite Evidence Of Crimes

TYT: Feds Won’t Prosecute Banks Despite Evidence Of Crimes

by on Dec 23, 2011

A devastating report by Reuters shows that the federal government is focusing on small scale swindlers while ignoring crimes by big banks despite a wealth of evidence against them. The Young Turks host Cenk Uygur breaks it down.

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Deutsche Bank Trust Co. Ams. v Day | NYSC Denies Motion For Summary Judgment Due to Lack of Affidavits

Deutsche Bank Trust Co. Ams. v Day | NYSC Denies Motion For Summary Judgment Due to Lack of Affidavits

SUPREME COURT – STATE OF NEW YORK
IAS PART 43 – SUFFOLK COUNTY

DEUTSCHE BANK TRUST COMPANY AMERICAS
AS INDENTURE TRUSTEE FOR THE REGISTERED
HOLDERS OF SAXON ASSET SECURITIES TRUST
2005-3 MORTGAGE LOAN ASSET BACKED NOTES,
SERIES 2005-3,
Plaintiff,

-against-

DENNIS D. DAY, SMI MORTGAGE,
“JOHN DOE #1″ through “JOHN DOE #12″,
the last twelve names being fictitious and unknown to
plaintiff, the persons or parties intended being the
tenants, occupants. persons or corporations, if any,
having or claiming an interest in or lien upon the
premises, described in the complaint,
Defendant, ,

EXCERPT:

The plaintiff alleges in the verified complaint that there has been compliance with RPAPL
§ 1304; however, neither a copy of the purported 90-day notice nor an affidavit of service of the
notice in compliance with RPAPI. § 1304 has been annexed to the moving papers (see, Aurora Loan
Servs., LLC v Weisblum, 85 AD3d 95, supra). Without an affidavit of service from one with
personal knowledge of compliance with the specific service requirements of RPAPI., § 1304 or, in
the alternative, an affidavit sufficient to show why the requirements of § 1304 do not apply, the
Court may not grant an order of reference.

Scribd

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Ex-Countrywide/ IndyMac Angelo Mozilo Puts Up House For Sale For $3.4 Million

Ex-Countrywide/ IndyMac Angelo Mozilo Puts Up House For Sale For $3.4 Million

The Real Estalker is one of my favorite blogs and actually was one of a few that inspired me to create this site. Please check it out!

And Yes, we know Mr. Mozilo, this is just one of a few hundred you call “primary residence”. If walls could only talk in this house.

The Real Estalker-

mansion located behind the guarded gates of the well-heeled Sherwood County Clubowned as per property records–and much to our pearl clutching flabbergast–by the vastly-loathed and utterly disgraced former Countrywide Financial CEO and COB Angelo Mozilo who has the architecturally conventional (mc)mansion listed on the open market with an asking price of $3,400,000.

Mister Mozilo, a mortgage industry maverick who co-founded Countrywide in 1969 and nearly 30 years later co-founded the dramatically collapsed IndyMac Bank (now OneWest Bank), is widely regarded as one of the more Machiavellian sub-mortgage-men who helped march the U.S. (and global) economy straight off the cliff in the mid-Noughts. While Mister Mozilo and his mortgage-making army pushed and pedaled sub-prime home loans he talked up the then-flourishing company’s stock price, earned hundreds of millions in compensation, and cashed out more than $400,000,000 worth of Countrywide stock, a large portion of it during the last couple of years of his tattered tenure as the king of Countrywide.

[THE REAL ESTALKER]

listing photo: Prudential California Realty

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In Challenging S.E.C. Settlement, a Judge in Wisconsin Cites a Court in New York

In Challenging S.E.C. Settlement, a Judge in Wisconsin Cites a Court in New York

One by One, judges are going to finally have enough of the ponzi’s.

To the judges who aren’t turning a blind eye… thank you.

NYT-

A federal judge in Wisconsin has challenged the Securities and Exchange Commission over a proposed settlement of fraud charges against a publicly traded company, citing as a precedent the agency’s pending case against Citigroup.

That represents a significant expansion of the impact of the Citigroup case, in which Judge Jed S. Rakoff of the Federal District Court in New York threw out a proposed settlement between the company and the S.E.C.

Judge Rakoff said he had rejected the Citigroup settlement because there were no established facts on which to base a decision whether the settlement was “fair, reasonable, adequate and in the public interest.”

[NEW YORK TIMES]

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St. Louis Park (MN) woman has mortgage reinstated, but CitiMortgage still wants fees for its attorneys and foreclosure costs

St. Louis Park (MN) woman has mortgage reinstated, but CitiMortgage still wants fees for its attorneys and foreclosure costs

Star Tribune-

In a last-minute move, Citi- Mortgage called off the foreclosure sale of a St. Louis Park house whose owner battled to stay in her home with the support of the Minnesota attorney general.

Nancy Gosselin was scheduled to lose her house in a sheriff’s auction scheduled for Tuesday, even though an investigation by the attorney general determined that at most, she had missed one payment of $584 more than two years ago.

After Gosselin was featured in a Whistleblower column on Nov. 13, CitiMortgage postponed the foreclosure for a month. Then, this week, Gosselin got the good news.

[STAR TRIBUNE]

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Millions Of Americans Are Realizing They Can Default On Their Mortgage And Live Scot-Free For Years

Millions Of Americans Are Realizing They Can Default On Their Mortgage And Live Scot-Free For Years

And… Millions of Americans Are Realizing their titles are flawed…and millions more know better than buying a foreclosed house because the banks can’t prove they own the home they foreclosed on.

Best of all Millions of Americans know for a fact banks are stealing our homes!

Business Insider-

If you’re planning on ditching your mortgage payments and letting your home fall into foreclosure, now just may be the time to do it.

Thanks to record long waits for foreclosure reviews this year, 40 percent of homeowners in default have been sitting pretty in their homes for the last two years without paying a dime, CNN Money reports.

And they know exactly what they’re doing.

[BUSINESS INSIDER]

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ANDERSON v. BURSON | MD Appeals Court requires full proof of note transfer

ANDERSON v. BURSON | MD Appeals Court requires full proof of note transfer

IN THE COURT OF APPEALS
OF MARYLAND
No. 8

September Term, 2011

HOSEA ANDERSON, et ux.

v.

JOHN S. BURSON, et al.

Bell, C.J.,
Harrell
Battaglia
Greene
*Murphy
Adkins
Barbera,
JJ.
Opinion by Harrell, J.

Filed: December 20, 2011

EXCERPT:

A nonholder in possession, however, cannot rely on possession of the instrument
alone as a basis to enforce it. The transferee’s right to enforce the instrument derives from
the transferor (because by the terms of the instrument, it is not payable to the transferee) and
therefore those rights must be proved. Com. Law § 3-203 cmt. 2; accord Leavings v. Mills
175 S.W.3d 301 (Tex. Ct. App. 2004 ) (“A person not identified in a note who is seeking to
enforce it as the owner or holder must prove the transfer by which he acquired the note.”)
The transferee does not enjoy the statutorily provided assumption of the right to enforce the
instrument that accompanies a negotiated instrument, and so the transferee “must account for
possession of the unindorsed instrument by proving the transaction through which the
transferee acquired it.” Com. Law § 3-203 cmt. 2. If there are multiple prior transfers, the
transferee must prove each prior transfer. U.S. Bank Nat’l Assoc. v. Ibanez, 941 N.E.2d 40,
53 (Mass. 2011) (citing In re Parrish, 326 B.R. 708, 720 (Bankr. N.D. Ohio 2005)). Once
the transferee establishes a successful transfer from a holder, he or she acquires the
enforcement rights of that holder. See Com. Law § 3-203 cmt. 2. A transferee’s rights,
however, can be no greater than his or her transferor’s because those rights are “purely
derivative.” Lawrence, supra, § 3-203:15R. Thus, the Substitute Trustees here, who possess
an unindorsed note and wish to enforce it, had the burden of proving their status as nonholder
in possession.

[...]

Scribd

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Adam Levitin: More Rot in the OCC Foreclosure Reviews

Adam Levitin: More Rot in the OCC Foreclosure Reviews

Credit Slips-

Michael Olenick, Gretchen Morgenson, and Yves Smith have all written pretty damning things about the foreclosure reviews persuant to the OCC consent orders with major mortgage servicers. (For my own previous thoughts, see here and here.) I’ve just started to peruse some of the engagement letters with the firms conducting the reviews, and the rot is even worse that these other critics portray.

What follows is in no way a comprehensive cataloging of the problems in the OCC foreclosure review process–this is just what I spotted from the briefest of perusals.  Yet it is clear that there are two types of serious problems:  conflicts of interest and flawed substance of the review process. I’ll lay both out below and then give some thoughts as to what could and should be done to remedy this farcical process in order to ensure some accountability to the public and justice for homeowners. The post concludes with some thoughts about the core problem–the OCC–and what can be done to remedy it.   

Conflicts of Interest

[...]

[CREDIT SLIPS]

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Whistleblower Records Shed Light On BNY Mellon Case

Whistleblower Records Shed Light On BNY Mellon Case

We all would agree that all the banks share the same protocols in how they conduct business. All frauds.

HuffPO-

Confidential whistleblower documents that helped spark a massive state and federal investigation into how Bank of New York Mellon Corp charged pension funds for currency exchange, provide a rare window into how a bank insider aided a lawsuit against the bank.

The information provided by whistleblower Grant Wilson, who worked at BNY Mellon, included a detailed analysis of how the bank allegedly provided “fictitious” foreign-currency costs for pension funds.

The analysis included a step-by-step guide to how currencies were traded and internal profits generated by the bank, according to documents seen by Reuters. A memo detailing fellow employees also was provided.

[HUFFINGTONPOST]

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