FORECLOSURE FRAUD | by DinSFLA - Part 2
Field v. Bank of America, N.A. (In re Gibbs), 522 B.R. 282 (Bankr. D. Hawaii 2014) – Foreclosures: Beware Unexpected Violations

Field v. Bank of America, N.A. (In re Gibbs), 522 B.R. 282 (Bankr. D. Hawaii 2014) – Foreclosures: Beware Unexpected Violations

13 May 2015

Bankruptcy-RealEstate-Insights A bankruptcy trustee sued a mortgage lender to recover for defects in a prepetition non-judicial foreclosure sale. The lender brought a motion to dismiss for failure to state a claim. The primary focus of the court was on claims under the state Unfair and Deceptive Acts or Trade Practices (UDAP) law. The alleged defects […]

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WAS YOUR ORIGINAL LENDER “NON-EXISTENT” AB INITIO?

WAS YOUR ORIGINAL LENDER “NON-EXISTENT” AB INITIO?

12 May 2015

Clouded Titles- Imagine if you will … (Rod Serling … tongue-in-cheek LOL) … You get out your original mortgage or deed of trust, suspecting that the original lender may not have been a real lender at all. But how can you tell? The first plausible idea came from research done by a multitude of paralegals […]

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“The magnitude of falsity is enormous”: Federal judge rips into banks implicated in 2008 collapse

“The magnitude of falsity is enormous”: Federal judge rips into banks implicated in 2008 collapse

12 May 2015

SALON- On Monday, a federal judge ruled, in no uncertain terms, that two banks deliberately misled Fannie Mae and Freddie Mac when it sold them subprime mortages during the housing boom, the New York Times’ Peter Eavis reports. Judge Denise Cote of the Federal District Court in Manhattan wrote that Nomura Holdings and the Royal […]

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U.S. judge rules for FHFA over Nomura in mortgage bond lawsuit

U.S. judge rules for FHFA over Nomura in mortgage bond lawsuit

11 May 2015

REUTERS- A U.S. judge on Monday ruled that Nomura Holdings Inc made false statements in selling mortgage-backed securities to Fannie Mae and Freddie Mac ahead of the 2008 financial crisis. U.S. District Judge Denise Cote in Manhattan ruled for the Federal Housing Finance Agency, the conservator for Fannie Mae and Freddie Mac, in a ruling […]

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“The Department of Justice has decided to decline prosecution” with respect to Libor, Citigroup says

“The Department of Justice has decided to decline prosecution” with respect to Libor, Citigroup says

11 May 2015

LAW 360- The U.S. Department of Justice has elected not to bring a case against Citigroup Inc. in its wide-ranging investigation into alleged rigging of the London Interbank Offered Rate, the bank said in a Monday securities filing. The New York-based bank had earlier said that the Justice Department was looking into the activities of […]

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Banks Prep Defense for Anti-Wall Street Campaigns

Banks Prep Defense for Anti-Wall Street Campaigns

11 May 2015

WSJ- Top executives from the biggest U.S. banks, concerned about anti-Wall Street rhetoric already bubbling up on the 2016 campaign trail, are working to push back against the prevailing narrative that banks are bad. Senior executives from seven of the biggest U.S. banks gathered or dialed into a March 31 meeting on the 51st floor […]

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Neighborhood Foreclosures, Racial/Ethnic Transitions, and Residential Segregation

Neighborhood Foreclosures, Racial/Ethnic Transitions, and Residential Segregation

11 May 2015

Matthew Hall a Kyle Crowder b Amy Spring c aCornell University bUniversity of Washington cGeorgia State University Matthew Hall, Cornell University, 295 Martha Van Rensselaer Hall, Ithaca, NY 14853 E-mail: mhall@cornell.edu Abstract In this article, we use data on virtually all foreclosure events between 2005 and 2009 to calculate neighborhood foreclosure rates for nearly all […]

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Bank of America and JPMorgan Chase Agree to Erase Debts From Credit Reports After Bankruptcies

Bank of America and JPMorgan Chase Agree to Erase Debts From Credit Reports After Bankruptcies

08 May 2015

NYT- Two of the nation’s biggest banks will finally put to rest the zombies of consumer debt — bills that are still alive on credit reports although legally eliminated in bankruptcy — potentially providing relief to more than a million Americans. Bank of America and JPMorgan Chase have agreed to update borrowers’ credit reports within […]

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Bank of America’s Relief for Mortgage Borrowers Is Questioned

Bank of America’s Relief for Mortgage Borrowers Is Questioned

08 May 2015

“Releasing a debt that has already been discharged is not in the spirit of the settlement,” Mr. Parker said. “My concern is that the bank will use these cases to avoid having to give true principal reductions to people who need it.”   NYT- There was plenty of fanfare last August when Bank of America […]

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Tilus v. AS Michai LLC | Reversed and Remanded. …. An undated, blank endorsement on a note filed after the commencement of the foreclosure action is insufficient to confer standing upon the plaintiff, and “an assignment of the mortgage without an assignment of the [note] creates no rights in the assignee.” Although the mortgage follows the note, the converse is not true.

Tilus v. AS Michai LLC | Reversed and Remanded. …. An undated, blank endorsement on a note filed after the commencement of the foreclosure action is insufficient to confer standing upon the plaintiff, and “an assignment of the mortgage without an assignment of the [note] creates no rights in the assignee.” Although the mortgage follows the note, the converse is not true.

07 May 2015

District Court of Appeal of Florida,Fourth District. Miguel TILUS, Alta Tilus, Rose A. Joaseus and Kesner Joaseus, Appellants, v. AS MICHAI LLC, Appellee. No. 4D13–3616. Decided: March 11, 2015 Siam J. Joseph, Greenacres, for appellants. J. Andrew Baldwin and Gabriel Pinilla of The Solomon Law Group, P .A., Tampa, for appellee. The defendants appeal a […]

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County of Montgomery Recorder v. MERSCorp Inc, et al | Brief Of Amicus Curiae The Legal Services Center of Harvard Law School And Law Professors in Support of The Appellee

County of Montgomery Recorder v. MERSCorp Inc, et al | Brief Of Amicus Curiae The Legal Services Center of Harvard Law School And Law Professors in Support of The Appellee

06 May 2015

UNITED STATES COURT OF APPEALS FOR THE THIRD CIRCUIT _________________________________________ No. 14-4315 _________________________________________ MONTGOMERY COUNTY, PENNSYLVANIA, RECORDER OF DEEDS, by and through NANCY J. BECKER, in her official capacity as the Recorder of Deeds of Montgomery County, Pennsylvania, Plaintiff-Appellee, v. MERSCORP, INC., and MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INC. Defendants-Appellants. _________________________________________ Appeal from the July 11, […]

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L.A. sues Wells Fargo, alleging ‘unlawful and fraudulent conduct’

L.A. sues Wells Fargo, alleging ‘unlawful and fraudulent conduct’

05 May 2015

LA TIMES- Rigid sales quotas at Wells Fargo Bank have driven employees to open unauthorized accounts for customers, sticking them with bogus fees and damaging their credit, according to a city of Los Angeles lawsuit that echoes a Times investigation. The civil complaint, filed Monday in state court in Los Angeles by City Atty. Mike […]

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US Bank N.A. v Fednard | NYSC – the plaintiff successfully rely upon the assignment of the mortgage attached to the moving papers as said assignment did not include an assignment of the mortgage note

US Bank N.A. v Fednard | NYSC – the plaintiff successfully rely upon the assignment of the mortgage attached to the moving papers as said assignment did not include an assignment of the mortgage note

05 May 2015

SUPREME COURT- STATE OF NEW YORK I.A.S. PART 33 – SUFFOLK COUNTY US BANK NATIONAL ASSOCIATION, as Trustee for JP MORGAN MORTGAGE TRUST 2007-S3, Plaintiff, -against- LUC A. FEDNARD, SABINE M. FEDNARD, JPMORGAN CHASE BANK, NA, “JOHN DOES” : and “JANE DOES”, said names being fictitious parties intended being possible tenants or occupants : of […]

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WV Woman Who Fell Behind On House Payments Now Faces Up To Five Years For Creating & Submitting Phony Documents In Court In Attempt To Save Home From Foreclosure

WV Woman Who Fell Behind On House Payments Now Faces Up To Five Years For Creating & Submitting Phony Documents In Court In Attempt To Save Home From Foreclosure

05 May 2015

The Home Equity Reporter- From the Office of the U.S. Attorney (Martinsburg, West Virginia): Amanda Bishop, 35, of Martinsburg, was convicted [] in federal court after she submitted fraudulent mortgage documents during court proceedings, United States Attorney William J. Ihlenfeld, II, announced. An investigation by the Federal Bureau of Investigation revealed that Bishop fell behind […]

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Lawsuits: ‘Trash out’ company Safeguard empties homes illegally

Lawsuits: ‘Trash out’ company Safeguard empties homes illegally

04 May 2015

Komo News- Jerod Fiscus had the American dream in his grasp, and then watched it all slip away. “Those memories are in my head. That’s all I got,” he said. “I lost my job. I was on unemployment.” He lost his livelihood, his marriage and like so many others during the economic downturn, his home […]

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Some tax bills for foreclosed homes still going to old owners

Some tax bills for foreclosed homes still going to old owners

04 May 2015

Journal Sentinel- Out of work and unable to pay his mortgage, Kenneth Barron Jr. knew he was going to lose his small ranch home on W. Roosevelt Drive in Milwaukee to foreclosure. So he and his teenage son packed their bags about four years ago and left. “I said, ‘All right, if you’re going to […]

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Foreclosure from hell

Foreclosure from hell

04 May 2015

Herald Tribune- The West-of-the-Trail lot is now vacant, shorn of its bungalow, and probably the site of a future — and prestigiously located — mega-home. But the former foreclosure property at 1807 Magnolia St. still oozes with the sticky legal stress left over from a case that is nearly five years old. Sarasota author Elizabeth […]

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WHY QUIET TITLE ACTIONS WILL BECOME COMMONPLACE IN THE FUTURE

WHY QUIET TITLE ACTIONS WILL BECOME COMMONPLACE IN THE FUTURE

04 May 2015

Clouded Titles- Since the beginning of this country, county land records were designed because America needed some sort of “fundamental order” in its keeping of land ownership records. And in this case, I’m talking about the proper ones, not the ones influenced by the behaviors of today’s legislatures (at the whims of the banking cartels). […]

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Miles v. Deutsche Bank | REVERSED : : : “Wrongful foreclosure is a tort, however, and thus plaintiff may recover any damages proximately caused by defendants’ wrongdoing. . . .

Miles v. Deutsche Bank | REVERSED : : : “Wrongful foreclosure is a tort, however, and thus plaintiff may recover any damages proximately caused by defendants’ wrongdoing. . . .

03 May 2015

Miles v. Deutsche Bank Court: California Court of Appeal Docket: G050294 Opinion Date: April 29, 2015 Areas of Law: Civil Procedure, Real Estate & Property Law At issue in this case were allegations of a wrongful foreclosure and related causes of action. Plaintiff John Miles appealed a judgment dismissing his breach of contract, fraud, and […]

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New Mass AG puts up webpage offering anyone who purchased a house with a void foreclosure a clear title by emailing the bank.

New Mass AG puts up webpage offering anyone who purchased a house with a void foreclosure a clear title by emailing the bank.

03 May 2015

If there is a title defect on your home related to an improper foreclosure, you may be eligible for assistance. See below for more information. Background On January 16, 2015 the Suffolk Superior Court entered a consent judgment  file size 1MB against Bank of America, Chase, Citi, and Wells Fargo, wherein, among other relief, the […]

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Underwater Homes Make Up 56% of the 3.3 Million HELOCs Set to be Reset

Underwater Homes Make Up 56% of the 3.3 Million HELOCs Set to be Reset

03 May 2015

Handy compilation via http://www.thenorrisgroup.com: Today’s News Synopsis: Realty Trac reported that of the 3.3 million Home Equity Lines of Credit set to be reset, 56% of them are on seriously underwater homes.  Mortgage rates are at their lowest in 21 months according to Freddie Mac with 30-year rates now at 3.75% and 15-year rates at […]

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Ocwen, Assurant to pay $140 million to settle massive force-placed insurance suit

Ocwen, Assurant to pay $140 million to settle massive force-placed insurance suit

30 April 2015

Housing Wire- Ocwen Financial (OCN) and Assurant (AIZ) have agreed to pay $140 million to settle a massive class-action lawsuit, which accused Ocwen of artificially inflating the cost of force-placed insurance in exchange for kickbacks from Assurant. The settlement agreement, which is awaiting final approval from federal court in Florida, resolves claims of 399,843 homeowners […]

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GARY DUBIN LAW OFFICES FORECLOSURE DEFENSE HAWAII and CALIFORNIA
Chip Parker, www.jaxlawcenter.com
Dave Krieger CHAIN OF TITLE ASSESSMENT AND QUIET TITLE WORKSHOPS CHICAGO
Kenneth Eric Trent, www.ForeclosureDestroyer.com

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