FORECLOSURE FRAUD | by DinSFLA - Part 2
WASH Supr Ct | Trujillo v. Nw. Tr. Servs., Inc. || The Court therefore reversed in part and remanded for trial . . . “….a trustee could not rely on a beneficiary declaration containing such ambiguous **alternative** language. ….”

WASH Supr Ct | Trujillo v. Nw. Tr. Servs., Inc. || The Court therefore reversed in part and remanded for trial . . . “….a trustee could not rely on a beneficiary declaration containing such ambiguous **alternative** language. ….”

22 August 2015

IN THE SUPREME COURT OF THE STATE OF WASHINGTON ROCIO TRUJILLO, Petitioner, v. NORTHWEST TRUSTEE SERVICES, INC., Respondent; WELLS FARGO BANK, NA, Defendant. GORDON McCLOUD, J.- Rocio Trujillo’s home loan was secured by a deed of trust encumbering the home. She defaulted, and Northwest Trustee Services Inc. (NWTS), the successor trustee, sent a notice of […]

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Group of Thirty Calls for Fully Comprehensive Cultural and Conduct  Reforms at Major Global Banks

Group of Thirty Calls for Fully Comprehensive Cultural and Conduct Reforms at Major Global Banks

22 August 2015

The Group of Thirty has recently released its third report in the corporate governance work stream, Banking Conduct and Culture: A Call for Sustained and Comprehensive Reform. Drawing from interviews with more than 70 board members, Chairs, CEOs, senior management, and senior supervisors in 16 countries, the report addresses the governance challenges facing the world’s […]

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PRELIMINARY DRAFT OF Proposed Amendments to the Federal Rules of Bankruptcy Procedure and the Federal Rules of Evidence

PRELIMINARY DRAFT OF Proposed Amendments to the Federal Rules of Bankruptcy Procedure and the Federal Rules of Evidence

21 August 2015

Request for Comment Comments are sought on Amendments to: Bankruptcy Rules 1001 and 1006 Evidence Rules 803 and 902 All Written Comments are Due by February 16, 2016 The Judicial Conference Advisory Committees on Bankruptcy and Evidence Rules have proposed amendments to their respective rules, and requested that the proposals be circulated to the bench, […]

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U.S. Bank Natl. Assoc. v Nevers | NYSC – did not demonstrate that it complied with the condition precedent contained in the subject mortgage agreement…failed to supply adequate evidcntiary proof of compliance with RP APL§ l 304

U.S. Bank Natl. Assoc. v Nevers | NYSC – did not demonstrate that it complied with the condition precedent contained in the subject mortgage agreement…failed to supply adequate evidcntiary proof of compliance with RP APL§ l 304

20 August 2015

SHORT FORM ORDER SUPREME COURT OF THE STATE OF NEW YORK I.A.SPART 9 – SUFFOLK COUNTY INDEX NO.: 39134-11 PRESENT: Hon. DANIEL MARTIN MOTION DATE: 10-29-14 ~—————————- U.S. BANK NATIONAL ASSOCIATION, AS TRUSTEE FOR BANC OF AMERICA FUNDING 2007-6 TRUST Plaintiff, -against- MICHAEL NEVERS NKJA MICHAEL G. NEVERS MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INC., AS NOMINEE […]

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Hundreds of email addresses in Ashley Madison data dump are in big banks’ domains

Hundreds of email addresses in Ashley Madison data dump are in big banks’ domains

20 August 2015

MarketWatch- Hundreds of bankers may have used their work email addresses to register for the adultery website AshleyMadison.com, MarketWatch found after searching data provided by security researcher Robert Graham. Hackers on Tuesday unleashed the purported email and street addresses, phone numbers and credit-card details of about 36 million people represented as users of the adultery […]

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Bank of NY Mellon sued by U.S. regulator over $2 billion in soured mortgages

Bank of NY Mellon sued by U.S. regulator over $2 billion in soured mortgages

19 August 2015

Reuters- A U.S. regulator sued Bank of New York Mellon Corp (BK.N) on Wednesday over $2.06 billion in residential mortgage-backed securities purchased by a failed Texas bank, and accused it of breaching its duties as bond trustee to protect investors. In a complaint filed in Manhattan federal court, the Federal Deposit Insurance Corp, which sued […]

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PEREZ vs DEUTSCHE BANK | FL 4DCA – copy of the note was not attached to the complaint …endorsement in blank on the original note was undated… PSA was insufficient to establish standing.

PEREZ vs DEUTSCHE BANK | FL 4DCA – copy of the note was not attached to the complaint …endorsement in blank on the original note was undated… PSA was insufficient to establish standing.

19 August 2015

DISTRICT COURT OF APPEAL OF THE STATE OF FLORIDA FOURTH DISTRICT MANUEL C. PEREZ and THERESA PEREZ, Appellants, v. DEUTSCHE BANK NATIONAL TRUST COMPANY AS TRUSTEE FOR HARBOR VIEW MORTGAGE LOAN TRUST MORTGAGE LOAN PASS-THROUGH CERTIFICATES SERIES 2006-7, Appellee. No. 4D13-4812 [August 19, 2015] Appeal from the Circuit Court for the Seventeenth Judicial Circuit, Broward […]

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CARDONA vs NATIONSTAR MORTGAGE, LLC | FL 4DCA – Because the business records were not introduced into evidence, the trial court erred by overruling the homeowners’ hearsay objection

CARDONA vs NATIONSTAR MORTGAGE, LLC | FL 4DCA – Because the business records were not introduced into evidence, the trial court erred by overruling the homeowners’ hearsay objection

19 August 2015

DISTRICT COURT OF APPEAL OF THE STATE OF FLORIDA FOURTH DISTRICT ARTURO CARDONA and AIDA PALOMINO, Appellants, v. NATIONSTAR MORTGAGE, LLC, Appellee. No. 4D14-1609 [August 19, 2015] Appeal from the Circuit Court for the Fifteenth Judicial Circuit, Palm Beach County; John J. Hoy, Judge; L.T. Case No. 502010CA21967XXXXMB. Jeffrey Harrington and Millie Orrico of Harrington […]

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LAMB vs NATIONSTAR MORTGAGE, LLC | FL 4DCA – failed to prove its standing through either “proof of purchase of the debt,” “evidence of an effective transfer,” or “affidavit of ownership proving its status as holder.”

LAMB vs NATIONSTAR MORTGAGE, LLC | FL 4DCA – failed to prove its standing through either “proof of purchase of the debt,” “evidence of an effective transfer,” or “affidavit of ownership proving its status as holder.”

19 August 2015

DISTRICT COURT OF APPEAL OF THE STATE OF FLORIDA FOURTH DISTRICT CRAIG D. LAMB, Appellant, v. NATIONSTAR MORTGAGE, LLC, et al., Appellee. No. 4D13-3125 [August 19, 2015] Appeal from the Circuit Court for the Fifteenth Judicial Circuit, Palm Beach County; Roger B. Colton, Judge; L.T. Case No. 502011CA004062. Craig D. Lamb, West Palm Beach, pro […]

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DONADO vs PENNYMAC CORP. | FL 4DCA – failure to include verification in its pleading as required by then-Florida Rule of Civil Procedure 1.110(b) (“rule 1.110(b)”)… We hold that appellee’s failure to verify its complaint caused it to be defective.

DONADO vs PENNYMAC CORP. | FL 4DCA – failure to include verification in its pleading as required by then-Florida Rule of Civil Procedure 1.110(b) (“rule 1.110(b)”)… We hold that appellee’s failure to verify its complaint caused it to be defective.

19 August 2015

DISTRICT COURT OF APPEAL OF THE STATE OF FLORIDA FOURTH DISTRICT LUZ MARIANA DONADO and OSCAR DONADO, Appellants, v. PENNYMAC CORP., Appellee. No. 4D14-1383 [August 19, 2015] Appeal from the Circuit Court for the Seventeenth Judicial Circuit, Broward County; Cynthia G. Imperato, Judge; L.T. Case No. CACE 10017106(11). Vestalia Aylsworth of Aylsworth & Aylsworth, Miami, […]

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ACA Fin. Guar. Corp. v Goldman, Sachs & Co. | NY App. 1st Dept. – plaintiff has sufficiently pleaded justifiable reliance for the causes of action for fraud in the inducement and fraudulent concealment

ACA Fin. Guar. Corp. v Goldman, Sachs & Co. | NY App. 1st Dept. – plaintiff has sufficiently pleaded justifiable reliance for the causes of action for fraud in the inducement and fraudulent concealment

19 August 2015

Friedman, J.P., Renwick, Manzanet-Daniels, Clark, JJ. 9037 650027/11 [*1]ACA Financial Guaranty Corp.,Plaintiff-Respondent, Goldman, Sachs & Co., Defendant-Appellant.   Sullivan & Cromwell LLP, New York (Theodore Edelman of counsel), for appellant. Kasowitz Benson Torres & Friedman LLP, New York (Marc E. Kasowitz of counsel), for respondent.   Upon remittitur from the Court of Appeals for consideration […]

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Promontory Financial Settles With New York Regulator for $15M

Promontory Financial Settles With New York Regulator for $15M

18 August 2015

Press Release August 18, 2015 Contact: Matt Anderson, 212-709-1691 STATEMENT BY ACTING NEW YORK SUPERINTENDENT OF FINANCIAL SERVICES ANTHONY J. ALBANESE ON AGREEMENT WITH PROMONTORY FINANCIAL GROUP, LLC Anthony J. Albanese, Acting Superintendent of Financial Services for the State of New York, issued the following statement today on an agreement between the Department of Financial […]

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SNL: Big-Bank Settlement Tab Climbs Past $132B …TRILLIONS IN FRAUD!

SNL: Big-Bank Settlement Tab Climbs Past $132B …TRILLIONS IN FRAUD!

18 August 2015

NEWSJS- According to data compiled by SNL Financial, big settlements with regulators have become a rarer sight as the banking credit crisis fades further into memory. The tally for credit crisis and mortgage-related settlements now stands at $132.15 billion for the six largest bank holding institutions by total assets. The figure marks an additional $3.72 […]

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Goldman Sachs Pays $272M to Settle Suit Over Mortgage-Backed Securities

Goldman Sachs Pays $272M to Settle Suit Over Mortgage-Backed Securities

18 August 2015

NBC- Goldman Sachs Group Inc. will pay $272 million to settle a lawsuit that claimed the Wall Street bank defrauded investors about the safety of about $6 billion of residential mortgage-backed securities they bought in 2007 and 2008. The settlement with investors led by the NECA-IBEW Health & Welfare Fund, an electrical workers’ pension fund […]

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The Fed Had A Job Opening, So It Picked Another Goldman Sachs Executive

The Fed Had A Job Opening, So It Picked Another Goldman Sachs Executive

17 August 2015

HuffPost- The Federal Reserve can’t stop hiring Goldman Sachs executives. On Monday, the Dallas Fed named former Goldman Sachs Vice Chairman Robert Kaplan as its president — a post with significant regional regulatory responsibilities and influence over critical monetary policy decisions. Kaplan will serve on the the powerful Federal Open Market Committee, which sets interest […]

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Hart v. FCI LENDER SERVICES, INC., | Court of Appeals, 2nd Cir – adequately alleged that the Letter was an “initial communication . . . in connection with the collection of [a] debt,” so as to obligate FCI to provide Hart a § 1692g notice.

Hart v. FCI LENDER SERVICES, INC., | Court of Appeals, 2nd Cir – adequately alleged that the Letter was an “initial communication . . . in connection with the collection of [a] debt,” so as to obligate FCI to provide Hart a § 1692g notice.

17 August 2015

  MATTHEW J. HART, on behalf of plaintiff and the class defined herein, Plaintiff-Appellant, v. FCI LENDER SERVICES, INC., Defendant-Appellee. No. 14-191-cv.United States Court of Appeals, Second Circuit.Argued: August 27, 2014.Decided: August 12, 2015.DANIEL A. EDELMAN (Cathleen M. Combs, Tiffany N. Hardy, on the brief), Edelman, Combs, Latturner & Goodwin, LLC, Chicago, Illinois, for Matthew […]

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Citigroup Affiliates to Pay $180 Million to Settle Hedge Fund Fraud Charges

Citigroup Affiliates to Pay $180 Million to Settle Hedge Fund Fraud Charges

17 August 2015

FOR IMMEDIATE RELEASE 2015-168 Washington D.C., Aug. 17, 2015 —The Securities and Exchange Commission today announced that two Citigroup affiliates have agreed to pay nearly $180 million to settle charges that they defrauded investors in two hedge funds by claiming they were safe, low-risk, and suitable for traditional bond investors.  The funds later crumbled and […]

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Vien-Phuong Ho v. ReconTrust Company, N.A., et al | 9th Circuit Appeal – FDCPA Violation: Trustee as Debt Collector | ORAL ARGUMENTS | UNITED TRUSTEE’S ASSOCIATION AMICI

Vien-Phuong Ho v. ReconTrust Company, N.A., et al | 9th Circuit Appeal – FDCPA Violation: Trustee as Debt Collector | ORAL ARGUMENTS | UNITED TRUSTEE’S ASSOCIATION AMICI

16 August 2015

Vien-Phuong Thi Ho appeals the dismissal of her action under the Fair Debt Collection Practices Act arising from a foreclosure.     .. / © 2010-15 FORECLOSURE FRAUD | by DinSFLA. All rights reserved.

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Bankruptcy Weapons to Terminate a Zombie Mortgage (Andrea Boyack & Judge Robert Berger)

Bankruptcy Weapons to Terminate a Zombie Mortgage (Andrea Boyack & Judge Robert Berger)

16 August 2015

VI. CONCLUSION Section 363(f) of the Bankruptcy Code provides an effective way to kill off a zombie mortgage through a free and clear sale of a vacant home. Bankruptcy Weapons to Terminate a Zombie Mortgage Professor Andrea Boyack* and Judge Robert Berger** I. INTRODUCTION After receiving notice from JP Morgan Chase in 2008 that foreclosure […]

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Judge seeks state court input in Nationstar trespass lawsuit

Judge seeks state court input in Nationstar trespass lawsuit

14 August 2015

Reuters- A federal judge has asked the Washington state Supreme Court to weigh in on whether companies working for Nationstar Mortgage committed trespass by locking homeowners out of their homes before foreclosure proceedings were completed. In an order on Monday, U.S. District Judge Thomas Rice said the state court’s input is needed to help resolve […]

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Assil n/k/a Levy v. Aurora Loan Services, LLC | FL 4DCA – there was no assignment of the mortgage and Note, no blank or special endorsement in favor of Aurora on the promissory Note, and no competent evidence that Aurora held the Note on the date it filed suit

Assil n/k/a Levy v. Aurora Loan Services, LLC | FL 4DCA – there was no assignment of the mortgage and Note, no blank or special endorsement in favor of Aurora on the promissory Note, and no competent evidence that Aurora held the Note on the date it filed suit

13 August 2015

DISTRICT COURT OF APPEAL OF THE STATE OF FLORIDA FOURTH DISTRICT SARIT J. ASSIL n/k/a SARIT LEVY, Appellant, v. AURORA LOAN SERVICES, LLC, SOHEIL ASSIL, and any and all unknown parties claiming by, through, under, and against the herein named individual defendant(s) who are not known to be dead or alive, whether said unknown parties […]

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Murphy v. Wachovia Bank of Delaware, N.A. | Appeals Court of Mass. – foreclosure (the second lienholder foreclosed) the proceeds must go to the owner – not the 1st mortgagor

Murphy v. Wachovia Bank of Delaware, N.A. | Appeals Court of Mass. – foreclosure (the second lienholder foreclosed) the proceeds must go to the owner – not the 1st mortgagor

13 August 2015

Appeals Court HAROLD B. MURPHY, trustee,1 vs. WACHOVIA BANK OF DELAWARE, N.A., & another.2 No. 13-P-1943. Middlesex. November 12, 2014. – August 13, 2015. Present: Kafker, Cohen, & Milkey, JJ. COHEN, J. This case concerns the proper distribution of surplus funds after a foreclosure sale initiated and conducted by the holder of a second mortgage. […]

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