FORECLOSURE FRAUD | by DinSFLA - Part 2
RICHARD vs BANK OF AMERICA |  FL 4DCA – Here, the borrowers made a preliminary showing that their due process rights were violated. The bank has not pointed to any evidence that the borrowers had actual knowledge of the judgment in time to pursue relief other than by a rule 1.540(b)(4) motion.

RICHARD vs BANK OF AMERICA | FL 4DCA – Here, the borrowers made a preliminary showing that their due process rights were violated. The bank has not pointed to any evidence that the borrowers had actual knowledge of the judgment in time to pursue relief other than by a rule 1.540(b)(4) motion.

14 November 2018

181581_1709_11142018_09410550_i by DinSFLA on Scribd © 2010-18 FORECLOSURE FRAUD | by DinSFLA. All rights reserved.

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IN RE BERTRAM, Court of Appeals, 11th Circuit |  the Rooker-Feldman doctrine does not bar the Bertrams’ claims challenging the foreclosure sale, which were not actually raised or inextricably intertwined with the issues resolved in the state court’s final judgment.

IN RE BERTRAM, Court of Appeals, 11th Circuit | the Rooker-Feldman doctrine does not bar the Bertrams’ claims challenging the foreclosure sale, which were not actually raised or inextricably intertwined with the issues resolved in the state court’s final judgment.

13 November 2018

  In Re: BERESFORD BRYAN BERTRAM, THERESA BERTRAM, Debtors. BERESFORD BRYAN BERTRAM, THERESA BERTRAM, Plaintiffs-Appellants, v. HSBC MORTGAGE SERVICES, INC., Defendant-Appellee. No. 17-11774, Non-Argument Calendar.United States Court of Appeals, Eleventh Circuit.November 5, 2018.Daniel C. Shatz, for Defendant-Appellee. Brendan S. Everman, for Defendant-Appellee. Brian C. Frontino, for Defendant-Appellee. Appeal from the United States District Court for […]

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‘Zombie foreclosures’ just won’t die

‘Zombie foreclosures’ just won’t die

13 November 2018

Fox 5- Zombie foreclosures – abandoned houses that are hung up somewhere in the foreclosure process – seem to be the problem that just won’t die. And even though the problem is getting better nationally, Georgia is still haunted with way too many of these “haunted houses.”  Here to help you protect yourself is real estate expert […]

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TFH 11/11 | Ten Common Misstates That Many Homeowners and Even Many of Their Attorneys Continue To Make in Defending Foreclosures

TFH 11/11 | Ten Common Misstates That Many Homeowners and Even Many of Their Attorneys Continue To Make in Defending Foreclosures

11 November 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 – November 11, 2018 Ten Common Misstates That Many Homeowners and Even Many of Their Attorneys Continue […]

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He never missed a payment, but the bank still foreclosed on his home anyway

He never missed a payment, but the bank still foreclosed on his home anyway

08 November 2018

WLTX- Marcus Green knows the stress and anger of a customer-service nightmare. The repetitive phone calls to a string of service agents, each telling him something different. Letters demanding a resolution that never comes. He also knows what it’s like when what’s at stake is his most important possession: his home. “They said, ‘Oh, yeah, […]

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Wells Fargo Executives Knew How Screwed Up Their Car Insurance Program Was for Years: Lawsuit

Wells Fargo Executives Knew How Screwed Up Their Car Insurance Program Was for Years: Lawsuit

07 November 2018

JALOPNIK- Bank scandals, electric-vehicle production, carmakers spending cash like a kid with too big of an allowance, recall investigations and how the midterm elections affected legislators who deal with the auto industry. All of that and more in The Morning Shift for Wednesday, Nov. 6, 2018. 1st Gear: Here Comes the “You Knew About It” Lawsuit The […]

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Wells Fargo now estimates that about 545 homeowners lost their homes after they were “incorrectly denied” a loan modification or deemed ineligible to apply.

Wells Fargo now estimates that about 545 homeowners lost their homes after they were “incorrectly denied” a loan modification or deemed ineligible to apply.

07 November 2018

CNN- Wells Fargo has identified 145 more customers whose homes were foreclosed on because of an apparent computer glitch. The embattled bank first revealed a disastrous “calculation error” in its mortgage modification underwriting tool in August. Wells Fargo (WFC) said in a filing on Tuesday that an expanded review found additional “errors” that inflated estimates of attorneys’ fees for […]

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1st Cir. Confirms Rooker-Feldman Barred Borrower’s State and Federal Law Claims

1st Cir. Confirms Rooker-Feldman Barred Borrower’s State and Federal Law Claims

05 November 2018

Lexology- The U.S. Court of Appeals for the First Circuit recently affirmed dismissal of a borrower’s state and federal law claims, concluding that the trial court lacked jurisdiction under the Rooker-Feldman doctrine, because the borrower’s federal suit sought to invalidate the state courts’ judgments. A copy of the opinion in Klimowicz v. Deutsche Bank National Trust […]

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TFH 11/4 | Ten Major Myths Versus Realities in Foreclosure Litigation

TFH 11/4 | Ten Major Myths Versus Realities in Foreclosure Litigation

04 November 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 – November 4, 2018 Ten Major Myths Versus Realities in Foreclosure Litigation .  ———————   John and […]

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RENALDO vs DEUTSCHE BANK NATIONAL TRUST | FL 4DCA – we find that the Bank failed to prove compliance with the condition precedent of mailing Borrowers a default notice as required by paragraph 22 of the mortgage. Thus, we reverse and remand for the trial court to enter an order of involuntary dismissal.

RENALDO vs DEUTSCHE BANK NATIONAL TRUST | FL 4DCA – we find that the Bank failed to prove compliance with the condition precedent of mailing Borrowers a default notice as required by paragraph 22 of the mortgage. Thus, we reverse and remand for the trial court to enter an order of involuntary dismissal.

01 November 2018

Renaldo vs Deutsche Bank National Trust by DinSFLA on Scribd © 2010-18 FORECLOSURE FRAUD | by DinSFLA. All rights reserved.

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Deutsche Bank National Trust Company, etc. v. Noll | Florida’s Second DCA Clarifies on Standing if New Case is Commenced While the Clerk Possesses the Note

Deutsche Bank National Trust Company, etc. v. Noll | Florida’s Second DCA Clarifies on Standing if New Case is Commenced While the Clerk Possesses the Note

01 November 2018

JD SUPRA- On October 31, 2018, Florida’s Second District Court of Appeal recently distinguished two of its prior opinions and held that a foreclosure plaintiff does not lose its standing as a holder of a negotiable instrument if it surrenders a promissory note to the clerk of court for purposes of obtaining a foreclosure judgment, […]

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Bauer v. Roundpoint Mortg. Servicing Corp. | Loan Servicer Not “Foreclosed” From Reporting Default to CRAs

Bauer v. Roundpoint Mortg. Servicing Corp. | Loan Servicer Not “Foreclosed” From Reporting Default to CRAs

31 October 2018

The National Law Review- We have a good one for our lender and servicer friends out there. In Bauer v. Roundpoint Mortg. Servicing Corp., No. 18 C 3634, 2018 U.S. Dist. LEXIS 184328 (N.D. Ill. Oct. 29, 2018), the Court held that despite a court order dismissing the mortgage foreclosure with prejudice, plaintiff’s mortgage servicer could […]

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Alleged mail bomber lost home to bank once owned by Secretary Mnuchin

Alleged mail bomber lost home to bank once owned by Secretary Mnuchin

29 October 2018

Chicago Tribune- The bank that foreclosed on the home of Cesar Sayoc, the suspect in the pipe bomb mailings, was formerly owned by Treasury Secretary Steven Mnuchin. Sayoc lost his home in 2009 when IndyMac moved to foreclose on his south Florida home, according to Florida property and court records. IndyMac was a California-based bank […]

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TFH 10/28 | Summarizing and Understanding the Thirty-Five Year Transformation of Foreclosure Defense in Hawaii from 1983 to 2018, What Remains Ahead, and What the Hawaii Experience Can Mean for Listeners in Other States

TFH 10/28 | Summarizing and Understanding the Thirty-Five Year Transformation of Foreclosure Defense in Hawaii from 1983 to 2018, What Remains Ahead, and What the Hawaii Experience Can Mean for Listeners in Other States

28 October 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 – October 28, 2018 Summarizing and Understanding the Thirty-Five Year Transformation of Foreclosure Defense in Hawaii from […]

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NJ Appellate Court Sounds Warning Bell to Lenders About Issuing Pre-Foreclosure Notices

NJ Appellate Court Sounds Warning Bell to Lenders About Issuing Pre-Foreclosure Notices

25 October 2018

NJ Law Connect- In a published decision issued on October 4, 2018, the New Jersey Appellate Division issued a controversial ruling that allows a homeowner to pursue a claim against Bank of America under the New Jersey Truth-in-Consumer Contract, Warranty and Notice Act (TCCWNA) due to the defendants’ failure to identify the lender’s name and […]

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Sims v. New Penn Financial LLC | 7th Cir. Rejects ECOA Claim Based on Vague Statement by Defendant’s Employee

Sims v. New Penn Financial LLC | 7th Cir. Rejects ECOA Claim Based on Vague Statement by Defendant’s Employee

25 October 2018

THE CFS BLOG- The U.S. Court of Appeals for the Seventh Circuit held that the plaintiffs failed to prove a violation of the federal Equal Credit Opportunity Act (ECOA) under a disparate treatment theory where their only evidence was a vague statement from one of the defendant’s employees. Accordingly, the Seventh Circuit affirmed the ruling […]

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California Reinstates Homeowner Bill of Rights with Amendments

California Reinstates Homeowner Bill of Rights with Amendments

24 October 2018

JD SUPRA The State of California recently reinstated and amended its Homeowner Bill of Rights, which previously expired on January 1, 2018.  The Homeowner Bill of Rights contains various foreclosure protections for borrowers pursuing loan modifications or similar foreclosure prevention alternatives.  The law becomes effective on January 1, 2019. The Homeowner Bill of Rights provides […]

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Fake Accounts Still Haunt Wells Fargo

Fake Accounts Still Haunt Wells Fargo

24 October 2018

Bloomberg- Oh Wells Fargo. The Wells Fargo & Co. fake-accounts scandal is one of the highest-profile cases of banking villainy since the financial crisis, but it is an odd kind of villainy. If you were a cartoon-villain banker, this is pretty much the last thing you would do. Wells Fargo’s retail bankers were under a lot of […]

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A.G. Underwood Announces $65 Million Settlement With Wells Fargo For Misleading Investors Regarding Cross-Sell Scandal

A.G. Underwood Announces $65 Million Settlement With Wells Fargo For Misleading Investors Regarding Cross-Sell Scandal

22 October 2018

A.G. Underwood Announces $65 Million Settlement With Wells Fargo For Misleading Investors Regarding Cross-Sell Scandal Wells Fargo Failed to Disclose to Investors that Success of Cross-Sell Efforts was Built on Misconduct – Such as Opening Millions of Fake Deposit and Credit Card Accounts; NY Investors Lost Millions when Misconduct was Disclosed Settlement Marks Latest Martin Act Enforcement Action to Protect […]

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Attorney Mark Stopa’s foreclosure cases are halted but clients’ checks are being cashed

Attorney Mark Stopa’s foreclosure cases are halted but clients’ checks are being cashed

18 October 2018

Tampa Bay- A bankruptcy judge has ordered a temporary halt to all state and appellate court proceedings in which suspended foreclosure defense attorney Mark Stopa and his former law firm are counsel of record. The emergency order, effective until Nov. 6, could give dozens of Florida homeowners a temporary respite from the threat of foreclosure. […]

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Major Atlanta Foreclosure Attorney Nathan E. Hardwick IV Guilty of Major Fraud and Conspiracy

Major Atlanta Foreclosure Attorney Nathan E. Hardwick IV Guilty of Major Fraud and Conspiracy

17 October 2018

Coosa Valley News- A federal grand jury convicted Nathan E. Hardwick IV of twenty-one counts of wire fraud, one count of conspiracy to commit wire fraud, and one count of making false statements to a federally insured financial institution on October 12, 2018. “Hardwick was motivated by unadulterated deceit and greed when he blatantly violated […]

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Florida judge rejects sanctions against Bank of America

Florida judge rejects sanctions against Bank of America

17 October 2018

Miami attorney Bruce Jacobs, representing a couple in a foreclosure case, had sought to get his allegations against Bank of America heard in court. The bank argued his claims were baseless. Judge Bronwyn Miller dismissed the attorney’s claims over the bank’s purge of 1.8 billion of bank records. CNBC- A Miami-Dade County judge on Tuesday […]

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