2012 January 03 | FORECLOSURE FRAUD | by DinSFLA

Archive | January 3rd, 2012

Davis v. U.S. Bank – Nevada Supreme Court to determine the legality of MERS foreclosures. Oral Argument: 01/04/2012 at 10:00 AM

Davis v. U.S. Bank – Nevada Supreme Court to determine the legality of MERS foreclosures. Oral Argument: 01/04/2012 at 10:00 AM

Docket: Read from top to Bottom

ANDREW DAVIS AND LAURETTA DAVIS,
Appellants,

VS.

US BANK, NATIONAL ASSOCIATION AS
TRUSTEE,
Respondent.

06/29/2010 Notice of Appeal Documents – Certified Copy of Notice of Appeal/Settlement Filed Certified Copy of Notice of Appeal/Settlement. Notice Re Settlement Conference Program and Suspension of Rules mailed to all counsel. (The requesting of transcripts and briefing are stayed pursuant to NRAP 16(a)(1). Docketing Statement Form mailed to counsel for appellant(s).) 10-16890
06/29/2010 Filing Fee – Filing Fee due Filing Fee due. Filing fee will be fowarded by the District Court.
06/30/2010 Filing Fee – Filing Fee Paid with Efiling Received Filing Fee Paid on Filing. $250.00 from Mark Mausert, Esq. Check No. 1311.
07/02/2010 Notice/Outgoing – Notice to File Documents Issued Notice to File Documents. It has been determined that this appeal willl not be scheduled for settlement conference. Transcript request form due: 15 days. Opening Brief due: 120 days. 10-17323
07/19/2010 Docketing Statement – Docketing Statement Filed Docketing Statement. 10-18354
07/30/2010 Transcript – Notice from Court Reporter Filed Notice from Court Reporter. Stephanie Koetting stating that the requested transcripts were delivered. Dates of transcripts: 06/08/10. 10-19737
08/03/2010 Notice/Outgoing – Notice to Request Transcripts Issued Notice to Request Transcripts. 10-19978
08/04/2010 Transcript Request – Request for Transcript of Proceedings Filed Request for Transcript of Proceedings. Transcripts requested: 06/08/10. To Court Reporter: Stephanie Koetting. 10-20088
10/26/2010 Brief – Opening Brief Filed Opening Brief. 10-28063
10/26/2010 Appendix – Appendix to Opening Brief Filed Appendix to Opening Brief. 10-28065
12/06/2010 Order/Procedural – Order Denying Motion Filed Order Denying Motion to Consolidate Appeals and Granting Motion to Enlarge time to File Opening Brief and Appendix in Docket No. 56138. Opening brief and appendix in docket no. 56138 due 14 days. Nos. 56306/56138. 10-31650
12/14/2010 Notice/Outgoing – Notice to File Answering Brief Issued Notice to File Answering Brief. Due Date: 15 days. 10-32638
12/23/2010 Brief – Answering Brief Filed Answering Brief. 10-33603
01/21/2011 Brief – Reply Brief Filed Reply Brief. 11-02154
01/21/2011 Appendix – Appendix to Reply Brief Filed Appendix to Reply Brief. 11-02158
02/28/2011 Notice/Incoming – Substitution of Attorneys Filed Substitution of Attorneys. Kravitz, Schnitzer, Sloane & Johnson, Chtd. substituted in place and stead of McCarthy & Holthus as counsel for respondent Litton Loan Servicing, LP. 11-06065
03/18/2011 Motion – Motion Filed Motion to Dismiss or in the alternative, Motion to File Supplemental Brief. 11-08471
05/11/2011 Order/Procedural – Order Filed Order Dismissing Respondent Litton Loan Servicing, LP. We direct the clerk of this court to remove Litton Loan Servicing, LP from the caption in this appeal. 11-13932
06/28/2011 Order/Procedural – Order Filed Order Directing Filing of Appendix and Clarification of Counsel. Law Firm McCarthy & Holthus: 15 days to file and serve appendix. Law Firm McCarthy & Holthus and Law Firm Kravitz, Schnitzer, Sloane & Johnson: 15 days to file a response to this order, stating whether they represent US Bank, and if not, identifying US Bank’s new counsel. 11-19225
07/12/2011 Appendix – Appendix Filed Respondents Appendix. (Submitted by McCarthy & Holthus). 11-20723
07/19/2011 Motion – Response to Order Filed Response to Order for Clarification for Counsel. 11-21668
12/09/2011 Notice/Outgoing – Notice Scheduling Oral Argument Issued Notice Scheduling Oral Argument. Oral argument is scheduled or January 4, 2012, at 10:00 a.m. in Carson City for 30 minutes before the En Banc Panel. 11-37593
12/22/2011 Notice/Outgoing – Oral Argument Reminder Notice Issued Oral Argument Reminder Notice. 11-39424

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AURORA Class Action: Photoshopped Assignments and systemic 131g TILA violations

AURORA Class Action: Photoshopped Assignments and systemic 131g TILA violations

UNITED STATES DISTRICT COURT
CENTRAL DISTRICT OF CALIFORNIA

DARYOUSH M. JAHROMI,
FERNANDO A. MILLER, on behalf of
themselves and all others similarily situated,

Plaintiffs,

vs.

AURORA LOAN SERVICES, LLC; and
DOES 1 through 10, inclusive,

Defendants

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Sen. Sherrod Brown calls for end to free pass for banks that abandon foreclosed homes

Sen. Sherrod Brown calls for end to free pass for banks that abandon foreclosed homes

NewsNet5-

U.S. Sen. Sherrod Brown said Tuesday that guidelines released from a bureau of the U.S. Treasury Department  amount to a free pass for banks that abandon foreclosed homes. 

Brown called for tougher standards to prevent evictions of Ohio families and neighborhood blight.  

“Too many Wall Street banks are walking away from too many Ohio Main Street communities,” said Brown. “And when they do, they leave behind homes that are often vandalized and left to crumble. Ohioans are seeing their property values plummet as abandoned homes on their block or in their neighborhood are left to decay or stripped of anything of value. Meanwhile, cities and counties are left footing the bill for what the banks’ irresponsibility.”

Read more: http://www.newsnet5.com/dpp/news/local_news/better_neighborhoods/senator-sherrod-brown-calls-for-end-to-free-pass-for-banks-that-abandon-foreclosed-homes#ixzz1iS4CBlFO

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Disabled man may be evicted from Oakland, CA home

Disabled man may be evicted from Oakland, CA home

It took one person Tanya Dennis who almost lost her home to come to his rescue and…NOT the government!

Banks got Bailed Out and homeowners got Sold Out!

ABC-

An East Bay homeowner is poised and ready for Alameda County Sheriff’s deputies to arrive to evict him from his foreclosed home. It’s a David versus Goliath story with a legal loophole. The disabled community activist says the bank committed fraud and he’s using an unusual legal tactic to stay in his home.

“I’m not nervous, I’m mad,” said Leonard Wilson.

Wilson has lived in the house for 26 years, but he says an increase in his monthly mortgage payment from $2,000 to $3,900, combined with identity theft, has left him on the verge of homelessness.

“It would be different if I had a place to go. I don’t have anybody left here that’s helping me. The only person that is helping me is Tanya Dennis,” said Wilson.

[ABC]

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JPMorgan sued for $95 million over mortgage securities

JPMorgan sued for $95 million over mortgage securities

If investors were to open an investigation into each and every single one of the “trusts”, all hell would break!

Bloomberg-

JPMorgan Chase & Co has been sued for $95 million by the trustee for securities marketed in 2005 by the former Bear Stearns Cos over alleged misrepresentations regarding the underlying mortgage loans.

US Bank NA wants to force JPMorgan to buy back the mortgage loans because of alleged breaches of representations and warranties regarding the Bear Stearns Asset Backed Securities Trust 2005-4, for which it serves as trustee.

[BLOOMBERG]

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Syncora Guar. Inc. v Countrywide Home Loans, Inc. 650042/09 1.3.2012

Syncora Guar. Inc. v Countrywide Home Loans, Inc. 650042/09 1.3.2012

Supreme Court, New York County

Syncora Guarantee Inc., Plaintiff,

against

Countrywide Home Loans, Inc., COUNTRYWIDE SECURITIES CORP., COUNTRYWIDE FINANCIAL CORP., and BANK OF AMERICA CORPORATION, Defendants.

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MBIA Insurance Corp. v. Countrywide Home Loans Inc., 602825-2008 SUMMARY JUDGMENT 1.3.2012

MBIA Insurance Corp. v. Countrywide Home Loans Inc., 602825-2008 SUMMARY JUDGMENT 1.3.2012

SUPREME COURT OF THE STATE OF NEW YORK

MBIA Insurance Corporation,

v

Countrywide Home Loans, Inc., et al., 

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Florida HB 65 – Foreclosure Debt Relief

Florida HB 65 – Foreclosure Debt Relief

General Bill by Soto

Foreclosure Debt Relief: Creates “Foreclosure Debt Claims Act”; authorizes creation & administration of deficiency judgment reimbursement program by Florida Housing Finance Corporation contingent upon occurrence of certain conditions precedent; provides for future termination of program; authorizes continuation of program after depletion of funds; provides procedures & eligibility requirements for homeowners & financial institutions to file specified monetary claims.

Effective Date: upon becoming a law

Original Filed Version

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Florida HB 145 – Residential Foreclosure Proceedings

Florida HB 145 – Residential Foreclosure Proceedings

General Bill by Soto

Residential Foreclosure Proceedings: Designates act “Florida Mortgage Collection Fairness Act”; prohibits certain acts by mortgage collection firms; provides that violations are deceptive & unfair trade practices; provides penalties & remedies; provides for award of attorney’s fees & costs.

Effective Date: July 1, 2012

Original Filed Version  

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Stand Up for The Bayless Family | America’s Servicing Company, Anita Antonelli, SASCO Trust 2005-RF4, U.S. Bank, Wells Fargo

Stand Up for The Bayless Family | America’s Servicing Company, Anita Antonelli, SASCO Trust 2005-RF4, U.S. Bank, Wells Fargo

Bank Fraud

America’s Servicing Company
Anita Antonelli
SASCO Trust 2005-RF4
U.S. Bank, N.A.
Wells Fargo Bank, N.A.

Action Date: January 3, 2012
Location: Delaware, OH

The Closing Date for SASCO Trust 2005-RF4 is August 31, 2005.

All of the mortgages in the SASCO 2005-RF4 Trust were required to have been deposited in that trust by August 31, 2005.

This is particularly significant right now because SASCO 2005-RF4 is the trust that is claiming to own the Bayless Family Mortgage in Delaware, Ohio, and trying to remove the Bayless family from their home this week.

SASCO is trust shorthand for Structured Asset Securities Corporation.

In almost every case, SASCO trusts CANNOT PRODUCE THE MORTGAGE ASSIGNMENTS required by the trust documents.

In almost every foreclosure case filed by U.S. Bank as Trustee for a SASCO trust, the mortgage assignment is dated several YEARS after the trust was supposed to have acquired the mortgage.

What mortgage document mill consistently supplies these “years late” Assignments? Consistently, that is America’s Servicing Company (ASC) in Ft. Mill, SC, a subsidiary of Wells Fargo Bank.

Who are the signers of these “years late” Assignments? Anita Antonelli, China Brown, Natasha Clark, Nikli Cureton and Herman John Kennerty – the five most prolific robo-signers at ASC -have signed hundreds of these Assignments.

If the trust is a SASCO trust – STRIKE ONE;

If the Assignment is dated years after the trust closing date – STRIKE TWO; and

If the Assignment is signed by Antonelli, Brown, Clark, Cureton or Kennerty and notarized in York County, SC – STRIKE THREE.

Throw the bank out – not the Bayless Family.

As for Anita Antonelli, who signed the Mortgage Assignment in the Bayless case:

Many times Anita Antonelli is the Vice President of Loan Documentation for Wells Fargo Bank.

But then she is also often the Default Documents Manager for Wells Fargo Bank.

At the same time, Antonelli is often an Assistant Secretary of Mortgage Electronic Registration Systems, Inc.

She is also an Assistant Secretary for Mortgage Electronic Registration Systems, Inc. acting as a Nominee for American Home Mortgage…

…and acting as a Nominee for Hilton Head Mortgage, LLC…

…and acting as a Nominee for DHI Mortgage Co., Ltd….

…and acting as a Nominee for Myers Park Mortgage, Inc…

…and acting as a Nominee for CTX Mortgage Co., LLC…

…and acting as a Nominee for Market Street Mortgage Corp…

…and acting as a Nominee for Loan City…

…and acting as a Nominee for Mortgage Network, Inc.

With this history, why would anyone trust the validity of a mortgage assignment signed by Anita Antonelli – and particularly, why would anyone rely on such a document when produced by a SASCO trust?

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