FORECLOSURE FRAUD | by DinSFLA - Part 2
Braga v. FANNIE MAE | FL 4DCA – We reverse the final judgment of foreclosure because the plaintiff failed to prove that an undated indorsement in blank was placed on an allonge prior to filing the original complaint

Braga v. FANNIE MAE | FL 4DCA – We reverse the final judgment of foreclosure because the plaintiff failed to prove that an undated indorsement in blank was placed on an allonge prior to filing the original complaint

11 April 2016

EDGAR BRAGA, Appellant, v. FANNIE MAE (“FEDERAL NATIONAL MORTGAGE ASSOCIATION”), Appellee. No. 4D14-1809.District Court of Appeal of Florida, Fourth District. April 6, 2016.Thomas Erskine Ice of Ice Appellate, Royal Palm Beach, for appellant. H. Michael Muñiz of Kahane & Associates, P.A., Plantation, for appellee. PER CURIAM. We reverse the final judgment of foreclosure because the […]

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Elman v. US BANK, NA | FL 4DCA – The evidence showed that EMC purchased the loan in 2006, and there was no evidence to show that EMC transferred the note and mortgage to the bank or Wells Fargo at any point because the PSA and Assignment Assumption Agreement were both unexecuted

Elman v. US BANK, NA | FL 4DCA – The evidence showed that EMC purchased the loan in 2006, and there was no evidence to show that EMC transferred the note and mortgage to the bank or Wells Fargo at any point because the PSA and Assignment Assumption Agreement were both unexecuted

11 April 2016

SUSAN ELMAN and BRUCE ELMAN, Appellants, v. U.S. BANK, N.A., TRUSTEE FOR THE HOLDER OF BEAR STEARNS ASSET BACKED SECURITIES I TRUST 2006-IM1, Appellee. No. 4D14-2520.District Court of Appeal of Florida, Fourth District. April 6, 2016.Brian Korte and Scott Wortman of Korte & Wortman, P.A., West Palm Beach, for appellants. Donna L. Eng, Michael K. […]

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A.G. Schneiderman-Led State & Federal Working Group Announces $5 Billion Settlement With Goldman Sachs

A.G. Schneiderman-Led State & Federal Working Group Announces $5 Billion Settlement With Goldman Sachs

11 April 2016

Settlement Includes $670 Million For New Yorkers, Including $190 Million In Cash And $480 Million In Consumer Relief Committed To Mortgage Assistance, Principal Forgiveness, And Affordable Housing Programs New York Has Now Received $5.3 Billion In Cash And Consumer Relief From National Mortgage Settlement And Residential Mortgage-Backed Securities Working Group Settlements Combined Since 2012 Schneiderman: […]

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Banking Expert William K. Black is Bernie Sanders’ new economic advisor, Joins Campaign

Banking Expert William K. Black is Bernie Sanders’ new economic advisor, Joins Campaign

10 April 2016

Inquisitr- An expert in banking corruption and finance has joined the Bernie Sanders campaign. William K. Black, an associate professor at the University of Missouri-KC, is Bernie Sanders’ new economic advisor. Black was one of the central figures in exposing and prosecuting corruption in the savings and loan crisis from the late 1980s and mid-1990s. […]

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TFH 4/10 | Foreclosure Workshop #10: A Case Study in Assignment Fraud — Bayview v. Gabour

TFH 4/10 | Foreclosure Workshop #10: A Case Study in Assignment Fraud — Bayview v. Gabour

10 April 2016

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 10, 2016 Foreclosure Workshop #10: A Case Study in Assignment Fraud — Bayview v. […]

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Cassell v. GREEN PLANET SERVICING, LLC | FL 5DCA- Green Planet failed to lay the proper foundation to enter the payment history and notice letter as business records; therefore, these documents should not have been admitted over Cassell’s hearsay objection

Cassell v. GREEN PLANET SERVICING, LLC | FL 5DCA- Green Planet failed to lay the proper foundation to enter the payment history and notice letter as business records; therefore, these documents should not have been admitted over Cassell’s hearsay objection

07 April 2016

ANGELA R. CASSELL, Appellant, v. GREEN PLANET SERVICING, LLC, ET AL., Appellees. Case No. 5D14-3369.District Court of Appeal of Florida, Fifth District. Opinion filed April 1, 2016.Dineen Pashoukos Wasylik, of DPW Legal, Tampa, for Appellant. Robert C. Schermer, of Greene Hamrick Quinlan & Schermer, P.A., Bradenton, for Appellee, Green Planet Servicing, LLC. No Appearance for […]

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SORRELL v U.S. BANK NA | FL 2DCA – neither the documentary evidence nor the live testimony established that U.S. Bank owned or held the indorsed note with the allonge when it filed the original foreclosure complaint

SORRELL v U.S. BANK NA | FL 2DCA – neither the documentary evidence nor the live testimony established that U.S. Bank owned or held the indorsed note with the allonge when it filed the original foreclosure complaint

06 April 2016

NOT FINAL UNTIL TIME EXPIRES TO FILE REHEARING MOTION AND, IF FILED, DETERMINED IN THE DISTRICT COURT OF APPEAL OF FLORIDA SECOND DISTRICT MICHAEL SORRELL, Appellant, v. U.S. BANK NATIONAL ASSOCIATION, as Trustee for Structured Asset Securities Corporation Mortgage Pass-Through Certificates, Series 2006-BC5, Appellee. Opinion filed April 6, 2016. Appeal from the Circuit Court for […]

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JPMorgan Chase Loses Foreclosure Case at Fourth DCA After 5 Debt Sales

JPMorgan Chase Loses Foreclosure Case at Fourth DCA After 5 Debt Sales

05 April 2016

DBR- A purchase and assumption agreement was not enough to prove JPMorgan Chase Bank N.A.’s legal standing in a foreclosure case before the Fourth District Court of Appeal. The bank filed suit as successor to defunct Washington Mutual Bank against homeowners Ottoniel and Luz Cruz, alleging it was the owner of a real estate debt […]

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Lawsuits claim Wayne Co. keeps botching foreclosures

Lawsuits claim Wayne Co. keeps botching foreclosures

05 April 2016

The Detroit News- Wayne County is spending up to $18.6 million warning property owners they face tax foreclosure, but lawsuits allege the office is doing such a poor job that some owners aren’t aware they’ve lost homes until it’s too late. The county foreclosed on Bernice and Ron King’s Westland home last year over a […]

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Panama Papers: Obama, Clinton Pushed Trade Deal Amid Warnings It Would Make Money Laundering, Tax Evasion Worse, Sanders opposed it citing tax haven/secrecy

Panama Papers: Obama, Clinton Pushed Trade Deal Amid Warnings It Would Make Money Laundering, Tax Evasion Worse, Sanders opposed it citing tax haven/secrecy

04 April 2016

Email shows Clinton State Dept pushing Panama pact amid warnings it would help the rich hide money Email shows Clinton State Dept pushing Panama pact amid warnings it would help the rich hide money #PanamaPapers pic.twitter.com/OA3Z22Jgjq — David Sirota (@davidsirota) April 4, 2016 IBTIMES- The Panama FTA pushed for by Obama and Clinton, watchdog groups said, […]

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Investigation of Trump’s $25k donation to Pam Bondi warranted

Investigation of Trump’s $25k donation to Pam Bondi warranted

04 April 2016

AND how much was LPS’s cut to her??? Orlando Sentinel- Imagine you were mugged. You think you know who did it. So you tell your local prosecutor. But then something weird happens. Three days after the prosecutor vows to get to the bottom of things, the accused mugger gives that prosecutor $25,000 in campaign donations. […]

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What are the Panama Papers? A guide to the biggest data leak in history

What are the Panama Papers? A guide to the biggest data leak in history

04 April 2016

The Guardian- The Panama Papers are an unprecedented leak of 11.5m files from the database of the world’s fourth biggest offshore law firm, Mossack Fonseca. The records were obtained from an anonymous source by the German newspaper Süddeutsche Zeitung, which shared them with the International Consortium of Investigative Journalists (ICIJ). The ICIJ then shared them […]

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Elected official initiates class-action suit to recover mortgage recording fees

Elected official initiates class-action suit to recover mortgage recording fees

03 April 2016

Observer-Reporter- Recorder of Deeds Debbie Bardella on Thursday brought a class-action suit in Washington County Court against an electronic registration firm and several lending institutions, claiming they failed to timely record mortgages during intermediary steps of forming mortgage-backed securities, creating “gaps in the record of ownership of title on Pennsylvania properties” and causing counties to […]

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California sues Morgan Stanley over mortgage losses

California sues Morgan Stanley over mortgage losses

03 April 2016

We ALL know how this too shall end… Reuters- The state of California sued Morgan Stanley on Friday, accusing the bank of hiding the risks of complex mortgage debt and other securities it sold, causing big losses for the state’s public pension funds, CalPERS and CalSTRS. Kamala Harris, the state attorney general, said Morgan Stanley […]

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TFH 4/3/16 | Foreclosure Workshop #9: How To Successfully Overcome Irrational Judicial Prejudices Against Awarding You A “Free House”

TFH 4/3/16 | Foreclosure Workshop #9: How To Successfully Overcome Irrational Judicial Prejudices Against Awarding You A “Free House”

02 April 2016

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 3, 2016 Foreclosure Workshop #9: How To Successfully Overcome Irrational Judicial Prejudices Against Awarding […]

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Knowles v. The Bank of New York Mellon | FL 4dca – Contrary to the bank’s request that we remand this case for a new trial, the proper remedy, as in both Jelic and Balch, is remand for entry of an involuntary dismissal

Knowles v. The Bank of New York Mellon | FL 4dca – Contrary to the bank’s request that we remand this case for a new trial, the proper remedy, as in both Jelic and Balch, is remand for entry of an involuntary dismissal

31 March 2016

DISTRICT COURT OF APPEAL OF THE STATE OF FLORIDA FOURTH DISTRICT LAVERIA ANN KNOWLES a/k/a LAVERIA KNOWLES, Appellant, v. THE BANK OF NEW YORK MELLON f/k/a THE BANK OF NEW YORK, AS TRUSTEE FOR THE CERTIFICATEHOLDERS CWALT, INC. ALTERNATIVE LOAN TRUST 2006-OA6 MORTGAGE PASS-THROUGH CERTIFICATES SERIES 2006-OA6, LAKE SHORE VILLAGE NEIGHBORHOOD ASSOCIATION, INC., UNKNOWN TENANT […]

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Alexandre v. Scribner Village Homeowners Association, Inc., et al. | FL 4DCA –  the sale should not have proceeded until the stay was lifted

Alexandre v. Scribner Village Homeowners Association, Inc., et al. | FL 4DCA – the sale should not have proceeded until the stay was lifted

31 March 2016

DISTRICT COURT OF APPEAL OF THE STATE OF FLORIDA FOURTH DISTRICT MARIE R. ALEXANDRE, Appellant, v. SCRIBNER VILLAGE HOMEOWNERS ASSOCIATION, INC., UNKNOWN SPOUSE OF MARIE R. ALEXANDRE, UNKNOWN TENANT IN POSSESSION #1 and UNKNOWN TENANT IN POSSESSION #2, Appellees. No. 4D15-1514 [March 30, 2016] Appeal from the Circuit Court for the Fifteenth Judicial Circuit, Palm […]

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DEVRIES v. CITIMORTGAGE INC. | FL 5DCA- First, CitiMortgage presented no evidence that the special indorsement in its favor predated the filing of the complaint…Second, CitiMortgage’s witness did not testify that the assignment occurred before the complaint was filed

DEVRIES v. CITIMORTGAGE INC. | FL 5DCA- First, CitiMortgage presented no evidence that the special indorsement in its favor predated the filing of the complaint…Second, CitiMortgage’s witness did not testify that the assignment occurred before the complaint was filed

30 March 2016

  OTTO P. DEVRIES AND BRIGITTE YOUNG DEVRIES, Appellants, v. CITIMORTGAGE INC, ET AL., Appellees. Case No. 5D14-1887.District Court of Appeal of Florida, Fifth District.Opinion filed March 24, 2016.Peter Ticktin, Kendrick Almaguer and Michael S. Wickenhauser, of The Ticktin Law Group, P.A., Deerfield Beach, for Appellants. Nancy M. Wallace and Kristen M. Fiore, of Akerman […]

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County mulls credit cards for homes in foreclosure

County mulls credit cards for homes in foreclosure

30 March 2016

The Daily Star- Otsego County officials are looking at new ways to help financially-distressed property owners keep the tax foreclosure wolf away from their doors. The county’s annual tax auction in 2014 left county government mired in three lawsuits filed by property owners who objected to the fact their houses were sold under the gavel […]

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A New Name of the Game at Nationstar

A New Name of the Game at Nationstar

29 March 2016

Foreclosure clean-up firm follows rivals in rebranding effort to expand; here comes ‘Mr. Cooper’ WSJ-   The companies that thrived during the foreclosure crisis are entering an identity crisis. Nationstar Mortgage Holdings Inc., which made its name servicing delinquent loans, this summer plans to rename itself “Mr. Cooper.” Foreclosure sales company Auction.com in January rebranded […]

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Mass. Attorney General settles with foreclosure firm

Mass. Attorney General settles with foreclosure firm

29 March 2016

NECIR- Six years ago, former Attorney General Martha Coakley launched an investigation into Newton-based foreclosure firm Harmon Law Offices PC, concerned it was violating certain eviction and foreclosure laws. Last spring, the new Attorney General Maura Healey quietly settled the case without the company admitting to, or the office finding, any wrongdoing.  Still, Harmon agreed […]

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ALEKSEYEV v. US Bank N.A. | FL 4DCA – In the present case, regardless of whether the underlying complaint failed to establish standing or failed to state a cause of action, the resulting judgment would be voidable, not void.

ALEKSEYEV v. US Bank N.A. | FL 4DCA – In the present case, regardless of whether the underlying complaint failed to establish standing or failed to state a cause of action, the resulting judgment would be voidable, not void.

28 March 2016

 Interesting Opinion Here… VITALY ALEKSEYEV and IRINA ALEKSEYEV a/k/a IRINA SHAPIRO, Appellants, v. U.S. BANK NATIONAL ASSOCIATION, AS TRUSTEE, SUCCESSOR IN INTEREST TO BANK OF AMERICA, NATIONAL ASSOCIATION AS TRUSTEE SUCCESSOR BY MERGER TO LASALLE BANK N.A., AS TRUSTEE FOR WAMU MORTGAGE PASS-THROUGH CERTIFICATES SERIES 2006-AR15 TRUST, CLUB TWO OF HALLANDALE CONDOMINIUM ASSOCIATION, INC., and […]

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