FORECLOSURE FRAUD | by DinSFLA - Part 2
New Jersey Creates Mortgage Servicers License as Part of Legislative Efforts to Curb Foreclosures in State

New Jersey Creates Mortgage Servicers License as Part of Legislative Efforts to Curb Foreclosures in State

14 May 2019

Consumer Financial Services LAW MONITOR- On April 29, New Jersey’s governor signed into law bill A4997, known as the Mortgage Servicers Licensing Act. As the title indicates, the Act creates a licensing regime for servicers of residential mortgage loans secured by real property within New Jersey. As with many state licensing regimes, the Act exempts most banks and […]

Read the full story

Posted in STOP FORECLOSURE FRAUD0 Comments

Facing Foreclosure Single Mom and Breast Cancer Survivor Makes a Call to 2 Wants To Know That Changes Everything

Facing Foreclosure Single Mom and Breast Cancer Survivor Makes a Call to 2 Wants To Know That Changes Everything

13 May 2019

Pamela Mosley was just starting a new business when she was diagnosed with breast cancer. Unable to work for the next 13 months she fell way behind on her mortgage payments and was about to be foreclosed on. WFMYNEWS2- Pamela Mosley is the type of person who does things, anything and everything. Mosley has three […]

Read the full story

Posted in STOP FORECLOSURE FRAUD0 Comments

Bank of Hawaii v. Marques | HAWAII ICA – JUDGMENTS VACATED! DUBIN LAW OFFICES DO IT AGAIN!

Bank of Hawaii v. Marques | HAWAII ICA – JUDGMENTS VACATED! DUBIN LAW OFFICES DO IT AGAIN!

13 May 2019

2382022433 by DinSFLA on Scribd © 2010-19 FORECLOSURE FRAUD | by DinSFLA. All rights reserved.

Read the full story

Posted in STOP FORECLOSURE FRAUD0 Comments

TFH 5/12 |  Foreclosure Workshop #74: Validity Versus Falsity — Proven Successful Ways in Which Homeowners in Foreclosure Can Weaponize Their Discovery Requests Relatively Inexpensively at the Beginning of a Foreclosure Case

TFH 5/12 | Foreclosure Workshop #74: Validity Versus Falsity — Proven Successful Ways in Which Homeowners in Foreclosure Can Weaponize Their Discovery Requests Relatively Inexpensively at the Beginning of a Foreclosure Case

12 May 2019

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 12, 2019 Foreclosure Workshop #74: Validity Versus Falsity — Proven Successful Ways in Which Homeowners […]

Read the full story

Posted in STOP FORECLOSURE FRAUD0 Comments

2 Attys DQ’d From Challenge To PNC Bank Home Foreclosure

2 Attys DQ’d From Challenge To PNC Bank Home Foreclosure

09 May 2019

LAW 360- Two attorneys representing homeowners who sued PNC Bank over a foreclosure were disqualified Wednesday after a Florida federal judge determined they had used inadvertently disclosed privileged information in their amended complaint…. [LAW360] PAYWALL © 2010-19 FORECLOSURE FRAUD | by DinSFLA. All rights reserved.

Read the full story

Posted in STOP FORECLOSURE FRAUD0 Comments

Alessio v. OCWEN LOAN SERVICING, LLC | FL 4DCA – As there was no testimony with respect to personal knowledge of the practices of the entity which allegedly mailed the letter, the evidence was insufficient to prove that appellee complied with the condition precedent. We reverse.

Alessio v. OCWEN LOAN SERVICING, LLC | FL 4DCA – As there was no testimony with respect to personal knowledge of the practices of the entity which allegedly mailed the letter, the evidence was insufficient to prove that appellee complied with the condition precedent. We reverse.

08 May 2019

  GINO ALESSIO, a/k/a GINO DAVIDE ALESSIO, and FERNANDA ALESSIO, a/k/a FERNANDA LALIA CURY, Appellants, v. OCWEN LOAN SERVICING, LLC, Appellee. No. 4D18-793.District Court of Appeal of Florida, Fourth District.May 1, 2019.Appeal from the Circuit Court for the Fifteenth Judicial Circuit, Palm Beach County; David E. French, Judge; L.T. Case No. 502009CA035115AJ. Kendrick Almaguer and […]

Read the full story

Posted in STOP FORECLOSURE FRAUD0 Comments

New Jersey approves mortgage lending bill package

New Jersey approves mortgage lending bill package

08 May 2019

Lexology- On April 29, the New Jersey governor approved several bills related to mortgage lending in the state. According to a press release issued by the governor, the package of nine bills addresses the state’s foreclosure crisis and includes the following: A 4997, known as the Mortgage Services Licensing Act, requires persons who act as mortgage servicers—either […]

Read the full story

Posted in STOP FORECLOSURE FRAUD0 Comments

City of Miami v. Wells Fargo & Co., BOA, Countrywide et al. | 11th Cir.  The City has plausibly alleged a violation of the FHA and has stated a claim in its First Amended Complaints. Accordingly we conclude that the district court improvidently dismissed the FHA claims in their entirety and ought to have granted the City leave to amend its complaints, since amendation would not have been futile.

City of Miami v. Wells Fargo & Co., BOA, Countrywide et al. | 11th Cir. The City has plausibly alleged a violation of the FHA and has stated a claim in its First Amended Complaints. Accordingly we conclude that the district court improvidently dismissed the FHA claims in their entirety and ought to have granted the City leave to amend its complaints, since amendation would not have been futile.

07 May 2019

201414544.rem by DinSFLA on Scribd © 2010-19 FORECLOSURE FRAUD | by DinSFLA. All rights reserved.

Read the full story

Posted in STOP FORECLOSURE FRAUD0 Comments

Edmondson v. Eagle National Bank | 4th Cir. Court – certain lenders participated in “kickback schemes” prohibited by the Real Estate Settlement Procedures Act (“RESPA”), 12 U.S.C. § 2601 et seq. …  We, however, hold that, under the allegations set forth in their complaints, Plaintiffs are entitled to relief from the limitations period under the fraudulent concealment tolling doctrine.

Edmondson v. Eagle National Bank | 4th Cir. Court – certain lenders participated in “kickback schemes” prohibited by the Real Estate Settlement Procedures Act (“RESPA”), 12 U.S.C. § 2601 et seq. … We, however, hold that, under the allegations set forth in their complaints, Plaintiffs are entitled to relief from the limitations period under the fraudulent concealment tolling doctrine.

06 May 2019

H/T DUBIN LAW OFFICES Buckley InfoBytes – Edmonson, Et Al v. Eagle National Bank – 4th Circuit Opinion 2019.04.26 by DinSFLA on Scribd © 2010-19 FORECLOSURE FRAUD | by DinSFLA. All rights reserved.

Read the full story

Posted in STOP FORECLOSURE FRAUD0 Comments

TFH 5/5 | Foreclosure Workshop #73: Wells Fargo Bank v. Prentice – Highlighting Another Emerging Challenge to Res Judicata in the Battle Between Finality Versus Validity

TFH 5/5 | Foreclosure Workshop #73: Wells Fargo Bank v. Prentice – Highlighting Another Emerging Challenge to Res Judicata in the Battle Between Finality Versus Validity

05 May 2019

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 5, 2019 Foreclosure Workshop #73: Wells Fargo Bank v. Prentice – Highlighting Another Emerging Challenge […]

Read the full story

Posted in STOP FORECLOSURE FRAUD0 Comments

NATIONSTAR MORTGAGE LLC, vs. DANIEL KALEOALOHA KANAHELE and THE ESTATE OF MARCUS C. KANAHELE et al., | HAWII ICA – In conclusion, if Nationstar can prove on remand that it possessed the Note with three indorsements prior to filing its Complaint, it will establish its standing to enforce the Note under Reyes-Toledo. However, Nationstar conceded its status as “holder”

NATIONSTAR MORTGAGE LLC, vs. DANIEL KALEOALOHA KANAHELE and THE ESTATE OF MARCUS C. KANAHELE et al., | HAWII ICA – In conclusion, if Nationstar can prove on remand that it possessed the Note with three indorsements prior to filing its Complaint, it will establish its standing to enforce the Note under Reyes-Toledo. However, Nationstar conceded its status as “holder”

02 May 2019

H/T DUBIN LAW OFFICES SCWC-16-0000319 by DinSFLA on Scribd © 2010-19 FORECLOSURE FRAUD | by DinSFLA. All rights reserved.

Read the full story

Posted in STOP FORECLOSURE FRAUD0 Comments

TANIGUCHI et al., v. RESTORATION HOMES, LLC, | CA 1st App. Court – The trial court order granting Restoration Homes’ motion for summary adjudication on the Taniguchis’ causes of action for violation of Civil Code section 2924c and Business and Professions Code section 17200 et seq. is vacated, and the matter is remanded

TANIGUCHI et al., v. RESTORATION HOMES, LLC, | CA 1st App. Court – The trial court order granting Restoration Homes’ motion for summary adjudication on the Taniguchis’ causes of action for violation of Civil Code section 2924c and Business and Professions Code section 17200 et seq. is vacated, and the matter is remanded

02 May 2019

A152827A by DinSFLA on Scribd © 2010-19 FORECLOSURE FRAUD | by DinSFLA. All rights reserved.

Read the full story

Posted in STOP FORECLOSURE FRAUD0 Comments

Some minority homeowners still feeling effect of foreclosure crisis

Some minority homeowners still feeling effect of foreclosure crisis

01 May 2019

Consumer Affairs- For some, the foreclosure crisis of a decade ago is only a distant, unpleasant memory. But an analysis from Zillow suggests it remains a troubling reality for some minority homeowners. Home prices now exceed their housing bubble highs in most parts of the country, but home values have been much slower to recover in neighborhoods […]

Read the full story

Posted in STOP FORECLOSURE FRAUD0 Comments

OneWEST BANK, FSB v. Palmero |  FL 3DCA – Accordingly, because it is undisputed that Mrs. Palmero was still alive and the subject property was her primary residence on the date of trial, we affirm the final judgment on review for OneWest’s failure to establish the occurrence of a condition precedent to its right to foreclose

OneWEST BANK, FSB v. Palmero | FL 3DCA – Accordingly, because it is undisputed that Mrs. Palmero was still alive and the subject property was her primary residence on the date of trial, we affirm the final judgment on review for OneWest’s failure to establish the occurrence of a condition precedent to its right to foreclose

29 April 2019

  OneWest Bank, FSB, Appellant, v. Luisa Palmero, et al., Appellees. Case No. 3D14-3114.District Court of Appeal of Florida, Third District.Opinion Filed April 24, 2019.An Appeal from the Circuit Court for Miami-Dade County, Lower Tribunal No. 10-3055, Abby Cynamon, Judge. Burr & Forman LLP, and Joshua H. Threadcraft, (Birmingham, AL), for appellant. Carrera & Amador, […]

Read the full story

Posted in STOP FORECLOSURE FRAUD0 Comments

TFH 4/28 | Foreclosure Workshop #72: Finality Versus Validity, The Last Frontier in Foreclosure Defense, Comparing and Contrasting HSBC Bank v. Marcantonio, in the Supreme Court of the State of Hawaii (March 25, 2019), and Takhar v. Gracefield Developments, in the Supreme Court of Great Britain (March 20, 2019)

TFH 4/28 | Foreclosure Workshop #72: Finality Versus Validity, The Last Frontier in Foreclosure Defense, Comparing and Contrasting HSBC Bank v. Marcantonio, in the Supreme Court of the State of Hawaii (March 25, 2019), and Takhar v. Gracefield Developments, in the Supreme Court of Great Britain (March 20, 2019)

28 April 2019

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 – APRIL 28, 2019 Foreclosure Workshop #72: Finality Versus Validity, The Last Frontier in Foreclosure Defense, Comparing […]

Read the full story

Posted in STOP FORECLOSURE FRAUD0 Comments

Homeowners Hurt by Mortgage Scam Seek Role in Ditech Bankruptcy

Homeowners Hurt by Mortgage Scam Seek Role in Ditech Bankruptcy

24 April 2019

‘Vulnerable’ homeowners request committee to protect interests  Ditech seeks plan that would release firm from legal liability Bloomberg- Homeowners in Chicago cheated by a mortgage fraud scheme are seeking to form a committee to protect their interests in the bankruptcy of Ditech Holding Corp., the company that owns their loans.  The Investor Protection Center at the Northwestern Pritzker […]

Read the full story

Posted in STOP FORECLOSURE FRAUD0 Comments

US BANK NA v. Cannella | NY: Supreme Court – The Court rejects Plaintiff’s argument that the Assignment effectuated a transfer of the Note, by which Plaintiff need not satisfy UCC § 3-202(2)’s explicit requirement for the allonge to be firmly affixed to the Note. Plaintiff having failed to successfully circumvent UCC § 3-202(2), a triable issue of fact remains as to whether the purported endorsement on the allonge was firmly affixed to the Note as to constitute a valid transfer of the Note to Plaintiff, thereby conferring standing to foreclose.

US BANK NA v. Cannella | NY: Supreme Court – The Court rejects Plaintiff’s argument that the Assignment effectuated a transfer of the Note, by which Plaintiff need not satisfy UCC § 3-202(2)’s explicit requirement for the allonge to be firmly affixed to the Note. Plaintiff having failed to successfully circumvent UCC § 3-202(2), a triable issue of fact remains as to whether the purported endorsement on the allonge was firmly affixed to the Note as to constitute a valid transfer of the Note to Plaintiff, thereby conferring standing to foreclose.

23 April 2019

2019 NY Slip Op 29112 U.S. BANK NA, AS TRUSTEE, ON BEHALF OF THE HOLDERS OF THE J.P. MORGAN MORTGAGE TRUST 2007-S3 MORTGAGE PASS-THROUGH CERTIFICATES, Plaintiff, v. ROCCO CANNELLA, CITIBANK (SOUTH DAKOTA), N.A., HSBC BANK NEVADA, N.A., JOHN DOE (THOSE UNKNOWN TENANTS, OCCUPANTS, PERSONS OR CORPORATIONS OR THEIR HEIRS, DISTRIBUTES, EXECUTORS, ADMINISTRATORS, TRUSTEES, GUARDIANS, ASSIGNEES, […]

Read the full story

Posted in STOP FORECLOSURE FRAUD0 Comments

TFH 4/21 | “Larry the Banker” Is Back: Exclusive Tell-All Interview With Retired Big Five Bank Executive (originally broadcast December 21, 2014)

TFH 4/21 | “Larry the Banker” Is Back: Exclusive Tell-All Interview With Retired Big Five Bank Executive (originally broadcast December 21, 2014)

20 April 2019

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 – APRIL 21, 2019 “Larry the Banker” Is Back: Exclusive Tell-All Interview With Retired Big Five Bank […]

Read the full story

Posted in STOP FORECLOSURE FRAUD0 Comments

Pennsylvania Supreme Court Issues Evidentiary Ruling Favorable to Mortgage Servicers

Pennsylvania Supreme Court Issues Evidentiary Ruling Favorable to Mortgage Servicers

18 April 2019

JD SUPRA- Bayview Loan Servicing LLC v. Wicker, Case No. 3 WAP 2018, — A.3d —-, 2019 WL 1388516 (Pa. Mar. 28, 2019), clarifies that in Pennsylvania state court, a servicer pursuing foreclosure may succeed in getting loan records from prior servicers admitted into evidence without testimony from every prior servicer. In a ruling favorable to mortgage […]

Read the full story

Posted in STOP FORECLOSURE FRAUD0 Comments

‘Obduskey’ Deprives Consumers of Protection, Creates an Uneven Application of Federal Law

‘Obduskey’ Deprives Consumers of Protection, Creates an Uneven Application of Federal Law

18 April 2019

Although Justice Breyer’s conclusion is based on a straight forward textual analysis, it is overly academic, detached from the realities of debt collection, and misses the obvious intent of this important consumer protection law.  LAW- On March 20, 2019, the Supreme Court handed down its decision in Obduskey v. McCarthy & Holthus, which sought to end […]

Read the full story

Posted in STOP FORECLOSURE FRAUD0 Comments

Miami Judge Issues Order to Show Cause Against US Bank for Flouting Discovery Order

Miami Judge Issues Order to Show Cause Against US Bank for Flouting Discovery Order

16 April 2019

Judge Beatrice Butchko’s order floats the possibility of sanctions if the bank fails to produce discovery documents the judge ordered it to release in August 2018.  LAW- A major bank looking to foreclose on a Miami-Dade resident’s mortgage has been handed an order to show cause by a judge over a discovery dispute. Miami-Dade Circuit Judge Beatrice […]

Read the full story

Posted in STOP FORECLOSURE FRAUD0 Comments

Judge orders dismissal of foreclosure suit against PHH Mortgage, Morgan Stanley

Judge orders dismissal of foreclosure suit against PHH Mortgage, Morgan Stanley

16 April 2019

Norcalrecord- A U.S. District Court of the Northern District of California judge tossed a lawsuit against PHH Mortgage Corp. and Morgan Stanley Private Bank. On April 2, Magistrate Judge Nathanael M. Cousins granted an order in favor of a PHH and Morgan Stanley’s motion to dismiss Eric McAfee and Marguerite McAfee’s lawsuit against them. The McAfees initially […]

Read the full story

Posted in STOP FORECLOSURE FRAUD0 Comments

GARY DUBIN LAW OFFICES FORECLOSURE DEFENSE HAWAII and CALIFORNIA
Advertise your business on StopForeclosureFraud.com

Archives