May, 2018 | FORECLOSURE FRAUD | by DinSFLA - Part 2

Archive | May, 2018

Federal Judge: Wells Fargo owes $97 million to California workers

Federal Judge: Wells Fargo owes $97 million to California workers

CNN-

A federal judge has ordered Wells Fargo to pay $97.3 million in damages to mortgage workers in California who weren’t paid enough for their breaks.

The judgment, handed down late Tuesday, comes after the court ruled in January that Wells Fargo (WFC) violated California’s tough labor laws.

The damages in the class action lawsuit are almost quadruple what Wells Fargo argued it should owe.

[CNN]

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Monroe County Legislature halts foreclosure sale of family home

Monroe County Legislature halts foreclosure sale of family home

WHEC-

Eric and Alison Endicott could finally breathe Tuesday night after several tense moments during the meeting of the Monroe County Legislature.

The legislature voted to postpone approving a foreclosure sale that could have tossed them off property their family has owned for 44 years.

Alison’s brother had owned a portion of the property, but he fell into financial trouble. The property went into foreclosure due to back taxes.

[WHEC]

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Linderman v. US Bank National Association | 7th Cir. Holds RESPA’s QWR Provisions Require Actual Damages Caused by the Violation

Linderman v. US Bank National Association | 7th Cir. Holds RESPA’s QWR Provisions Require Actual Damages Caused by the Violation

H/T Dubin Law Offices

LEXOLOGY-

The U.S. Court of Appeals for the Seventh Circuit recently affirmed a trial court’s finding that a servicer did not violate the federal Real Estate Settlement Procedures Act (RESPA) because the borrower could not prove that the servicer’s failure to respond to a “Qualified Written Request” (QWR) caused her actual damages, as required by 12 U.S.C. § 2605(f)(1)(A).

A copy of the opinion in Linderman v. US Bank National Association is available at: Link to Opinion.

In 2004 a borrower bought a home with the help of a mortgage loan. The borrower lived in the home with her ex-husband, their children, and her parents. In June 2013, the borrower moved out of the home and stopped paying the loan. By May 2014 the house was unoccupied. Thieves vandalized the unoccupied home. In 2014 the borrower remarried and then subsequently divorced her new husband.

In March 2014 the servicer initiated foreclosure proceedings. The foreclosure court entered a default judgment and later vacated it in June 2015 at the borrower’s request.

[LEXOLOGY]

 

 

KELLY JEAN LINDERMAN, Plaintiff-Appellant,
v.
U.S. BANK NATIONAL ASSOCIATION, Defendant-Appellee.

No. 17-1770
United States Court of Appeals, Seventh Circuit.

Argued March 28, 2018.
Decided April 10, 2018.
S. Christopher Striebeck, for Plaintiff-Appellant.

Ryan McCrosson, for Plaintiff-Appellant.

Tammara D. Porter, for Defendant-Appellee.

Timothy C. Sullivan, for Defendant-Appellee.

Appeal from the United States District Court for the Southern District of Indiana, Indianapolis Division, No. 1:16-cv-00104-LJM-DML, Larry J. McKinney, Judge.

Before EASTERBROOK, KANNE, and SYKES, Circuit Judges.

EASTERBROOK, Circuit Judge.

Kelly Jean Floyd bought a home in 2004 and lived there with her ex-husband, their four children, and her parents. In June 2013 her mother asked her to move out to reduce intra-family conflicts. Floyd left—and she also stopped paying the loan that is secured by a mortgage on the house. A few months later her mother departed (her father had died years earlier), leaving the house occupied by a single daughter, who moved away in May 2014. The unoccupied structure was vandalized; thieves removed its copper pipe and wiring. U.S. Bank, which owns the note and mortgage, started foreclosure proceedings in March 2014; Floyd asserts that she was not notified. A default judgment was entered, then vacated in June 2015 at her request. (The parties have not told us what has happened in the foreclosure case since then.) In 2014 Floyd remarried and took the name Linderman, which we use from now on. She has divorced the new husband and has never reoccupied the home (or resumed paying offo the loan)—though in August 2015, with the aid of an inheritance, she did buy another house nearby. She lives in that house today.

The 2014 vandalism produced insurance money that was sent to the Bank, to be held in escrow for use in making repairs or as additional security. Linderman hired a homerepair contractor, and early in 2015 the Bank disbursed $10,000 from the escrow toward the cost of repairs. The contractor abandoned the job in April 2015, however, telling Linderman that it was not confident that she could pay the full cost of its work. The house was vandalized twice more that spring, and a storm damaged the roof in June 2015.

Linderman has not hired a replacement contractor or asked the Bank to disburse additional funds from the escrow. But she did send the Bank a leger, dated September 5, 2015, asking about the status of the loan and particularly about how the insurance money was being handled. The Bank sent a response dated September 25. Asserting that she had not received that response, Linderman filed this suit under the Real Estate Seglement Procedures Act, which the parties call RESPA and we call the Act.

The district judge assumed that the leger met the definition of a “qualified wrigen request”, 12 U.S.C. §2605(e)(1)(B), and further assumed that a “servicer” (another defined term) must ensure that its response is received. We do not decide whether either assumption is correct; the second is questionable given 12 C.F.R. §1024.11, which says that mailing a timely and properly addressed response satisfies the Act whether or not the response is received. (The statute is silent on this issue.) Even with the benefit of these two favorable assumptions, Linderman lost, because a remedy depends on proof of “actual damages”. 12 U.S.C. §2605(f)(1)(A). The district judge found that Linderman’s non-receipt of the information could not have caused or aggravated any of her injuries. 242 F. Supp. 3d 764 (S.D. Ind. 2017).

The dates we have mentioned show why the district court reached this conclusion. Only Linderman’s divorce from her new husband occurred after September 2015, but the events that led to the divorce (inability to find an affoordable place to live, disagreements about parenting styles, Linderman’s deteriorating mental health) predated the leger to the Bank. Here are a few more dates: in October 2014 Linderman saw a property-preservation company (which she had not hired) carting things away from the house; in July 2015 the City of Indianapolis began to send Linderman notices that the house had become a nuisance and demanding that she take steps to secure and repair it to building-code requirements (she estimates that she has spent $5,000 responding to the City’s demands); in August 2015 Linderman entered treatment for depression and anxiety. None of these events can be traced to non-receipt of the Bank’s leger in late September 2015.

Still, Linderman asserts, the lack of a response from the Bank has aggravated her problems. She does not explain how. The lack of money disbursed from the escrow may be a cause of continuing loss, if she cannot affoord to repair or secure the house. Similarly, the house’s condition could affect her mental well-being. Linderman asserts that she “began to feel more anxious and depressed as [she] watched [her] home continue [to] deteriorate”. Yet the Act does not require a servicer to pay money in response to a wrigen request.

The Act requires a servicer to correct errors in its records (§2605(e)(2)(A)) or provide appropriate information if no error needs fixing (§2605(e)(2)(B), (C)). It requires the servicer to refrain, for 60 days, from taking steps that would jeopardize the borrower’s credit rating (§2605(e)(3)). Linderman does not accuse the Bank of violating the rule about credit reports and does not explain how earlier access to the Bank’s description of how the account has been handled could have helped her. Nor do we see how lack of an adequate response, as opposed to the ongoing foreclosure and need of money for repairs, could have contributed to her mental issues. And some of her asserted injuries, such as the breakdown of her marriage, are outside the scope of the Act. Perron v. J.P. Morgan Chase Bank, N.A., 845 F.3d 852, 858 (7th Cir. 2017) (“the breakdown of a marriage is not the type of harm that faithful performance of RESPA duties avoids”).

A focus on federal rules can distract people (including lawyers) from the more mundane doctrines of state law that may offoer greater prospect of success. The contract between Linderman and the Bank, not federal law, determines how insurance proceeds must be handled and when the Bank must disburse money from the escrow to make repairs. The Act does not require servicers to explain the details of contracts (or contract law) to customers or their lawyers. Contract law also governs the arrangement between Linderman and the repair firm that walked in April 2015; if the contract required the firm to finish the job, Indiana law would supply a remedy. Likewise Indiana law (rules of conversion, replevin, and trespass) could provide relief against the company that may have taken harmful steps in October 2014. Linderman may even have a claim against her mother, who did not pay the loan after Linderman moved out. (Linderman told the district judge that she believed that her mother would repay the loan, though she does not say that her mother promised to do so or that she took any step to add her mother to the account with the Bank.) Yet she does not pursue any of these theories. The sole claim in this suit is that the Bank injured her by not adequately responding to her leger. That claim fails for the reasons we have given.

AFFIRMED.

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Equifax Says Over 56,000 Drivers Licenses, Passports, and More Were Also Stolen

Equifax Says Over 56,000 Drivers Licenses, Passports, and More Were Also Stolen

Fortune-

Equifax has once again revised the number of people potentially impacted by 2017’s massive data breach, telling Congress that tens of thousands more could be compromised after hackers possibly obtained images of their driver’s licenses, passports, and other identifying papers.

The announcement, which the company has not previously revealed, is tied in with last September’s hacking incident, in which the Social Security information of 145.5 million Americans might have been compromised.

Equifax said hackers accessed photos of 38,000 driver’s licenses, 12,000 Social Security or taxpayer ID cards, 3,200 passports, and 3,000 other documents, such as military IDs or state-issued IDs.

[FORTUNE]

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U.S. Bank National Association v. Fergerstrom | HAWAII ICA – Dubin Law Offices Score Another Win Vacating Judgments

U.S. Bank National Association v. Fergerstrom | HAWAII ICA – Dubin Law Offices Score Another Win Vacating Judgments

CAAP-17-0000364sdo by DinSFLA on Scribd

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U.S. Bank Trust National Association v. Lopez, 2017 IL App (2d) – Court Reverses Their Own Ruling on Standing

U.S. Bank Trust National Association v. Lopez, 2017 IL App (2d) – Court Reverses Their Own Ruling on Standing

IN THE
APPELLATE COURT OF ILLINOIS
SECOND DISTRICT

U.S. BANK TRUST NATIONAL
ASSOCIATION, Not in Its Individual
Capacity but Solely as Owner Trustee For
Queen’s Park Oval Asset Holding Trust,

Plaintiff-Appellee,

v.

MARIO A. LOPEZ, a/k/a Mario Augusto
Lopez-Franco; MARTHA D. LOPEZ; and
UNKNOWN OWNERS and NONRECORD
CLAIMANTS,

2160967 by DinSFLA on Scribd

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Wells Fargo Agrees to Settle With Shareholders for $480 Million

Wells Fargo Agrees to Settle With Shareholders for $480 Million

NYT-

Wells Fargo’s tab for its sham accounts scandal shot up again on Friday, when the bank agreed to pay $480 million to settle a class-action claim from shareholders who said they were harmed by the bank’s false statements about its misdeeds.

The deal, which still needs approval from a federal court in San Francisco, would compensate investors who bought Wells Fargo stock from February 2014 to September 2016 — the month that regulators and law enforcement officials brought the bank’s illegal actions to light and fined it $185 million.

The bank said it denied the shareholders’ accusations but chose to settle the case to avoid the cost and distraction of fighting the claims.

“Moving to put this case behind us is in the best interest of our team members, customers, investors and other stakeholders,” Timothy J. Sloan, Wells Fargo’s chief executive, said in a written statement.

[NYT]

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TFH 5/6/2018 | “It’s the Rules of Evidence — Stupid” (Part Two): Ten More Ways To Avoid Being Blindsided by Dishonest Foreclosure Attorneys

TFH 5/6/2018 | “It’s the Rules of Evidence — Stupid” (Part Two): Ten More Ways To Avoid Being Blindsided by Dishonest Foreclosure Attorneys

COMING TO YOU LIVE DIRECTLY FROM THE DUBIN LAW OFFICES AT HARBOR COURT, DOWNTOWN HONOLULU, HAWAII

LISTEN TO KHVH-AM (830 ON THE AM RADIO DIAL)

ALSO AVAILABLE ON KHVH-AM ON THE iHEART APP ON THE INTERNET

.

Sunday – May 6, 2018

.

 ———————
“It’s the Rules of Evidence — Stupid” (Part Two): Ten More Ways To Avoid Being Blindsided by Dishonest Foreclosure Attorneys

 

 

—————————-

For decades State and Federal Courts throughout the United States have been robotically applying one set of evidence rules to foreclosure cases and another set of evidence rules to all other civil cases.

Those who have been listening to our radio show know why, because the Courts until recently have applied the traditional mortgage lending model of the neighborhood banker, oblivious to how the hidden secondary securitized trust banking system works.

But that is becoming no longer the situation in many Courts, as Courts are starting to ask what we have referred to on past shows as retired Hawai’i Kona Judge Ronald Ibarra’s threshold question “How Does He Know?” when confronted with a foreclosing plaintiff’s “evidence” in support of foreclosure.

Courts are designed to sort out the true facts of each dispute and apply the law accordingly. Each side presents its “facts” in the form of testimony and documents, and the trier of facts, which in foreclosure cases is the Judge, decides.

Thanks to the adoption by many Courts of (1) the “Standing at Inception” Rule now requiring proof of possession of the promissory note and the right to enforce it at the time a foreclosure lawsuit is filed, and (2) new scrutiny of a foreclosing plaintiff’s firsthand evidence supporting its burden of proof as to loan default and standing, homeowners have been increasingly prevailing in foreclosure cases by challenging a foreclosing plaintiff’s evidence.

In Hawaii, for instance, those highly beneficial checks on foreclosing plaintiff’s false evidence attempting to support its right to foreclose are known as the Reyes-Toledo and the Mattos evidentiary rules, and any new listeners unfamiliar with those decisions of the Hawaii Supreme Court should listen to those past broadcasts found on our website at www.foreclosurehour.com.

Yet, as could be expected, foreclosure attorneys are now responding by attempting to misrepresent other rules of evidence to our Courts to justify nevertheless getting around their new Reyes-Toledo and Mattos evidentiary responsibilities.

On today’s show, time permitting, we examine the following ten ways in which foreclosing attorneys are now seeking to sidestep Reyes-Toledo and Mattos requirements and how you can effectively counter them by understanding how these ten evidentiary traps, as it were, can be avoided and exposed in court in the context of securitization:

1. The Verified Complaint Trap;
2. The Judicial Notice Trap;
3. The Qualified Witness Trap;
4. The Custodian of Records Trap;
5. The Self-Authentication Trap;
6. The Real Party in Interest Trap;
7. The Negotiable Instrument Trap;
8. The Attorney Witness Trap;
9. The Mortgage Follows the Note Trap; and
10. The Securitized Trust Standing Trap.

Gary

Please go to our website, www.foreclosurehour.com, and join your fellow homeowners in the Homeowners SuperPac today.

A Membership Application is posted there waiting for your support.

 

 

.
Host: Gary Dubin Co-Host: John Waihee

.

CALL IN AT (808) 521-8383 OR TOLL FREE (888) 565-8383

Have your questions answered on the air.

Submit questions to info@foreclosurehour.com

The Foreclosure Hour is a public service of the Dubin Law Offices

Past Broadcasts

EVERY SUNDAY
3:00 PM HAWAII 
6:00 PM PACIFIC
9:00 PM EASTERN
ON KHVH-AM
(830 ON THE DIAL)
AND ON
iHEART RADIO

The Foreclosure Hour 12

 

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A Lender’s Vorpal Sword: Expungement Affidavits & Their Power to Void Sheriff ‘s Sales & Revert Mortgages Back to the Homeowner

A Lender’s Vorpal Sword: Expungement Affidavits & Their Power to Void Sheriff ‘s Sales & Revert Mortgages Back to the Homeowner

By Joshua LaBar
Michigan State University College of Law

Abstract Like many Americans across the country, Michigan residents have faced a staggering number of foreclosures in the last few years. 2 In 2009, Laura Buttazzoni was one of the many Michigan homeowners facing the dire reality that she was going to lose her home. 3 After Buttazzoni’s failed attempt to sell her home, her bank initiated a sheriff’s sale in late 2009.4 After the statutory redemption period expired, 5 Fannie Mae evicted Buttazzoni and relisted the home in 2011.6 Even though Buttazzoni’s home was foreclosed, sold at a sale, and relisted on the market—she was not done with the property. In June 2012, nearly three years after Buttazzoni’s eviction, Fannie Mae executed an “expungement affidavit,” which voided the 2009 sheriff’s sale and reverted the mortgage back to Buttazzoni’s name.

A Lenders Vorpal Sword_ Expungement Affidavits & Their Power To by DinSFLA on Scribd

Recommended Citation LaBar, J. (2016). A lender’s vorpal sword: Expungement affidavits & their power to void sheriff’s sales & revert mortgages back to the homeowner. Cornell Real Estate Review, 14(1), 30-39 . Retrieved from http://scholarship.sha.cornell.edu/crer/vol14/iss1/16

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GE warns its subprime mortgage unit could file for bankruptcy

GE warns its subprime mortgage unit could file for bankruptcy

CNN-

General Electric is still haunted by its disastrous adventure in subprime mortgage lending more than a decade ago.

GE (GE) shut down WMC, its mortgage business, in 2007 after the market for lending to risky borrowers collapsed. But the business still faces legal trouble, including lawsuits from investors and an investigation by the Justice Department.

GE warned in a filing on Tuesday evening that WMC could file for bankruptcy if it loses one of those lawsuits.

[CNN]

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