FORECLOSURE FRAUD | by DinSFLA - Part 2
TFH 7/29 | Foreclosure Workshop #63: A Review and Analysis of Some of the Most Noteworthy July 2018 Judicial Decisions

TFH 7/29 | Foreclosure Workshop #63: A Review and Analysis of Some of the Most Noteworthy July 2018 Judicial Decisions

29 July 2018

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 – July 29, 2018 Foreclosure Workshop #63: A Review and Analysis of Some of the Most Noteworthy […]

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Sakal v. Association of Apartment Owners of Hawaiian Monarch | HI ICA- Circuit Court has erred in dissmissing Sakal’s claims against the AOAO for wrongful foreclosure

Sakal v. Association of Apartment Owners of Hawaiian Monarch | HI ICA- Circuit Court has erred in dissmissing Sakal’s claims against the AOAO for wrongful foreclosure

26 July 2018

Congrats to Dubin Law Offices 035355988 by DinSFLA on Scribd © 2010-18 FORECLOSURE FRAUD | by DinSFLA. All rights reserved.

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It sure sounds like Trump is talking to Florida AG Pam Bondi in Cohen audio tape

It sure sounds like Trump is talking to Florida AG Pam Bondi in Cohen audio tape

25 July 2018

Orlando Weekly- On Tuesday evening, CNN released an audio recording between Donald Trump and his former personal attorney Michael Cohen, in which the two discuss purchasing the story rights to an alleged affair between Playboy model Karen McDougal and then-candidate Trump. The conversation happened in September 2016, right around the same time records surfaced showing a potential pay-to-play […]

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THE BANK OF NEW YORK MELLON v. KINGSBURY | New Jersey appeals court says statute of limitations does not apply in allegedly fraudulent mortgage application

THE BANK OF NEW YORK MELLON v. KINGSBURY | New Jersey appeals court says statute of limitations does not apply in allegedly fraudulent mortgage application

25 July 2018

H/T Dubin Law Offices Lexology- On July 13, the Superior Court of New Jersey Appellate Division reversed a trial court’s decision, ruling that a deceased homeowner’s family (defendants) had provided sufficient evidence to show that a division of a national bank (lender) had knowingly engaged in predatory lending practices when it approved a fraudulent mortgage application in […]

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OCC Enforcement Actions and Terminations for July 2018

OCC Enforcement Actions and Terminations for July 2018

24 July 2018

The Office of the Comptroller of the Currency (OCC) today released new enforcement actions taken against national banks, federal savings associations, and individuals currently and formerly affiliated with national banks and federal savings associations. All Cease and Desist Orders, Civil Money Penalty Orders, and Removal/Prohibition Orders are issued with the consent of the parties, unless […]

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The SHIT Done Hit The PLAN? | HINRICHSEN v. Bank of America, NA | TILA | Specifically, Plaintiff’s theory of liability on each of his claims is as follows: On January 12, 2012, Plaintiff exercised a conditional right of rescission based on MLD’s failure to satisfy TILA’s disclosure requirements. >> MLD did not contest the rescission << , and as such, the deed of trust and promissory note became void

The SHIT Done Hit The PLAN? | HINRICHSEN v. Bank of America, NA | TILA | Specifically, Plaintiff’s theory of liability on each of his claims is as follows: On January 12, 2012, Plaintiff exercised a conditional right of rescission based on MLD’s failure to satisfy TILA’s disclosure requirements. >> MLD did not contest the rescission << , and as such, the deed of trust and promissory note became void "by operation of law", and unenforceable by any alleged successor to MLD," including Defendant. (SAC ¶ 22.) Nevertheless, Defendant initiated foreclosure proceedings against the property "in an attempt to collect on the underlying unenforceable debt[.]" (Id. ¶ 23.)

24 July 2018

Here, Plaintiff argues MLD has not taken any of these actions, and Defendant has not provided any evidence to the contrary. The Ninth Circuit, consistent with Jesinoski, recognized “[i]f [the lender] had acquiesced in [the borrower]’s notice of rescission, then the transaction would have been rescinded automatically, thereby causing a security interest to become void[.]” Yamamoto v. Bank of New York, 329 F.3d […]

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Veltre v. Fifth Third Bank | Third Circuit Upholds Foreclosure Sale Against Preference Attack

Veltre v. Fifth Third Bank | Third Circuit Upholds Foreclosure Sale Against Preference Attack

24 July 2018

JDSUPRA- On July 19, the Third Circuit Court of Appeals entered a decision upholding the results of a foreclosure sale against a debtor’s allegation that the sale was a preference because the bankruptcy estate could have sold the property for a higher price. Veltre v. Fifth Third Bank (In re Veltre), Case No. 17-2889 (3d Cir. July 19, 2018). […]

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BENSOUSSAN v. Banon5 LLC | FL 3rd DCA – Banon5 and Elmaleh wrongfully changed the locks and denied access to the Unit to the Prior Owners…and unlicensed movers and persons hired by Banon5 and Elmaleh stole the personal property “for their own use, or to be sold for their benefit

BENSOUSSAN v. Banon5 LLC | FL 3rd DCA – Banon5 and Elmaleh wrongfully changed the locks and denied access to the Unit to the Prior Owners…and unlicensed movers and persons hired by Banon5 and Elmaleh stole the personal property “for their own use, or to be sold for their benefit

23 July 2018

  Valerie Viviane Bensoussan and Marc Cohen, Appellants, v. Banon5 LLC, etc., et al., Appellees. Case No. 3D17-1493.District Court of Appeal of Florida, Third District.Opinion filed July 18, 2018.An Appeal from the Circuit Court for Miami-Dade County, Lower Tribunal No. 16-4, John Schlesinger, Judge. Xander Law Group, P.A., and Wayne R. Atkins, for appellants. Eric […]

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Are we really safe from the next financial crisis?

Are we really safe from the next financial crisis?

23 July 2018

Politico- The U.S. financial system is safer a decade after the worst financial crisis since the Great Depression. But that may be more a matter of luck and timing than anything done in response to the meltdown of 2008. “We are safer,” Harvard economics professor Ken Rogoff said in the latest edition of the POLITICO Money […]

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TFH 7/22 | How To Disprove Standing of Pretender Lenders in Foreclosure Proceedings by Offensively Weaponizing Your Discovery Even if Appearing Pro Se

TFH 7/22 | How To Disprove Standing of Pretender Lenders in Foreclosure Proceedings by Offensively Weaponizing Your Discovery Even if Appearing Pro Se

22 July 2018

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 – July 22, 2018 How To Disprove Standing of Pretender Lenders in Foreclosure Proceedings by Offensively Weaponizing […]

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In one chaotic courtroom, free counselors and attorneys have saved 11,000 Philly homes from foreclosure

In one chaotic courtroom, free counselors and attorneys have saved 11,000 Philly homes from foreclosure

19 July 2018

Philly- Two months and 13 days before Linda DaCosta stepped into Courtroom 676 in Philadelphia City Hall, the single mom of twin girls answered a knock she never expected. It happened on a Sunday, just before dinner, on one of those crisp April days that made her love West Philadelphia. Inside her newly renovated condo, […]

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Jury awards Garland woman $755,000 in lawsuit alleging foreclosure fraud

Jury awards Garland woman $755,000 in lawsuit alleging foreclosure fraud

19 July 2018

She purchased her home in 2001, and paid on it for 14 years, but began to fall behind in 2015 and the home fell into foreclosure. Days after the foreclosure notice went public, someone knocked at her door, and offered to help sell her home. WFAA- Angelica Garcia is an immigrant from Honduras, a widow, […]

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DYCK-O’NEAL, INC. v. Lanham, Fla: Supreme Court 2018 – section 702.06, Florida Statutes (2014), permits the lender or its assignee to bring its deficiency claim in a separate action at law

DYCK-O’NEAL, INC. v. Lanham, Fla: Supreme Court 2018 – section 702.06, Florida Statutes (2014), permits the lender or its assignee to bring its deficiency claim in a separate action at law

19 July 2018

  DYCK-O’NEAL, INC., Petitioner, v. HEATHER LANHAM, Respondent. No. SC17-975.Supreme Court of Florida.July 5, 2018.Application for Review of the Decision of the District Court of Appeal — Certified Direct Conflict of Decisions First District — Case No. 1D16-1624 (Gadsden County). David M. Snyder, Tampa, Florida; Susan B. Morrison of Law Offices of Susan B. Morrison, […]

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Soule v. US Bank National Association | FL 2nd DCA – Without testimony based on such personal knowledge, the Bank’s only competent evidence was that the default letter had been prepared—not that it had been mailed.

Soule v. US Bank National Association | FL 2nd DCA – Without testimony based on such personal knowledge, the Bank’s only competent evidence was that the default letter had been prepared—not that it had been mailed.

18 July 2018

  STEVEN E. SOULE, Appellant, v. U.S. BANK NATIONAL ASSOCIATION, as trustee for BNC Mortgage Loan Trust 2007-1 Mortgage Pass-Through Certificates, Series 2007-1, Appellee. Case No. 2D16-3231.District Court of Appeal of Florida, Second District.Opinion filed July 13, 2018.Appeal from the Circuit Court for Pasco County; Kemba Lewis, Judge. Mark P. Stopa of Stopa Law Firm, […]

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Trump’s Consumer Banking Lapdog Could Take Complaints Database Offline

Trump’s Consumer Banking Lapdog Could Take Complaints Database Offline

17 July 2018

NBC- Taxpayers have until midnight tonight to share concerns about an end to public access of a consumer banking complaint database — the latest in a series of moves by the Trump Administration to dismantle the Consumer Financial Protection Bureau. That watchdog agency, also known as the CFPB, was created in the aftermath of the 2007 […]

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California forced to give back $331 million stolen from home-owners

California forced to give back $331 million stolen from home-owners

16 July 2018

American Thinker- What if the bluest state in the country stole a third of a billion dollars from victims of chicanery and the media refused to notice? I have been stunned at the lack of media coverage of California’s foiled robbery of almost a third of a billion dollars.  That’s right: under Governor Jerry Brown, the […]

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Fischer v. HSBC BANK USA, NATIONAL ASSOCIATION | FL 2nd DCA – we reverse the final judgment of foreclosure. Because the trial court explicitly found that there was no standing at the inception of the lawsuit, we remand for the trial court to enter an involuntary dismissal

Fischer v. HSBC BANK USA, NATIONAL ASSOCIATION | FL 2nd DCA – we reverse the final judgment of foreclosure. Because the trial court explicitly found that there was no standing at the inception of the lawsuit, we remand for the trial court to enter an involuntary dismissal

16 July 2018

JAMES FISCHER, Appellant, v. HSBC BANK USA, NATIONAL ASSOCIATION AS TRUSTEE FOR DEUTSCHE ALT-A SECURITIES, INC., MORTGAGE LOAN TRUST, SERIES 2006-AR1; and DEBRA FISCHER, Appellees. Case No. 2D16-5307.District Court of Appeal of Florida, Second District. Opinion filed July 6, 2018.Appeal from the Circuit Court for Charlotte County; James R. Thompson, Judge. Inger M. Garcia of […]

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TFH 7/15 | The Case Against “Pure Originalism” as the Greatest Internal Danger To American Democracy, and How Homeowners For Example Have Been Victimized by That Endemic Tendency in American Legal Reasoning.

TFH 7/15 | The Case Against “Pure Originalism” as the Greatest Internal Danger To American Democracy, and How Homeowners For Example Have Been Victimized by That Endemic Tendency in American Legal Reasoning.

15 July 2018

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 – JULY 15, 2018 The Case Against “Pure Originalism” as the Greatest Internal Danger To American Democracy, […]

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Credit Suisse nears $360 million deadline in fraud suit built on a hunch

Credit Suisse nears $360 million deadline in fraud suit built on a hunch

12 July 2018

Reuters- Highland ultimately convinced a Texas court that Credit Suisse had breached its contract and aided and abetted fraud in the deal, and the decision was upheld on appeal. Now, Credit Suisse faces a July 18 court deadline to pay Highland $360 million or appeal to the Texas Supreme Court. The victories to date have […]

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Home foreclosures in key US markets are on the rise again: report

Home foreclosures in key US markets are on the rise again: report

12 July 2018

The Real Deal- Almost a decade after home foreclosures skyrocketed during the financial crisis, they are starting to rise again in some of the country’s hottest real estate markets. And loosening lending standards may be among the reasons, according to one expert. Twenty two states posted increases in new foreclosure filings in the first six […]

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GOUDELOCK V. SIXTY-01 ASSOCIATION | 9th Cir. – condominium association (“CA”) assessments that become due after a debtor has filed for bankruptcy under Chapter 13 of the Bankruptcy Code are dischargeable under 11 U.S.C. § 1328(a) and, accordingly, reverse and remand.

GOUDELOCK V. SIXTY-01 ASSOCIATION | 9th Cir. – condominium association (“CA”) assessments that become due after a debtor has filed for bankruptcy under Chapter 13 of the Bankruptcy Code are dischargeable under 11 U.S.C. § 1328(a) and, accordingly, reverse and remand.

11 July 2018

H/T Dubin Law Offices FOR PUBLICATION UNITED STATES COURT OF APPEALS FOR THE NINTH CIRCUIT PENNY D. GOUDELOCK, Appellant, v. SIXTY-01 ASSOCIATION OF APARTMENT OWNERS, Appellee. No. 16-35384 D.C. No. 2:15-cv-01413- MJP OPINION Appeal from the United States District Court for the Western District of Washington Marsha J. Pechman, Senior District Judge, Presiding Argued and […]

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Fifth Circuit to Consider Constitutionality of the BCFP’s Structure

Fifth Circuit to Consider Constitutionality of the BCFP’s Structure

10 July 2018

Cov Financial Services- On July 2, 2018, All American Check Cashing, Inc., Mid-State Finance, Inc., and the president and owner of both companies (collectively, “All American”) filed a briefasking the U.S. Court of Appeals for the Fifth Circuit to find the Bureau of Consumer Financial Protection (“BCFP” or the “Bureau”) (formerly known as the CFPB) unconstitutionally […]

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