FORECLOSURE FRAUD | by DinSFLA - Part 3
6th Cir. Bankruptcy Panel Holds Foreclosure Deficiency Judgment May Be Avoided

6th Cir. Bankruptcy Panel Holds Foreclosure Deficiency Judgment May Be Avoided

10 July 2017

Lexology- The Bankruptcy Appellate Panel of the U.S. Court of Appeals for the Sixth Circuit recently held that a mortgage foreclosure deficiency judgment lien may be avoided under 11 U.S.C. § 522(f)(2), reversing the bankruptcy court’s ruling to the contrary. A copy of the opinion is available at: Link to Opinion. The debtor filed a Chapter […]

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America’s biggest mortgage source is making it easier for millennials to buy their first home

America’s biggest mortgage source is making it easier for millennials to buy their first home

10 July 2017

Business Insider- In the housing bubble, just about anyone who could apply for a mortgage was able to get one. A decade after the crash, the largest lenders are loosening their standards again to make housing more accessible to first-time buyers. Fannie Mae, the largest source of US mortgages, is making it a little easier for people […]

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U.S. housing finance system ‘unsustainable’: Fed’s Powell

U.S. housing finance system ‘unsustainable’: Fed’s Powell

10 July 2017

Reuters- The U.S. housing finance system continues to put taxpayers at risk in a market dominated by government-backed agencies, Federal Reserve Governor Jerome Powell said on Thursday, calling for further reform of an “unsustainable” situation. A decade after doubts about the creditworthiness of mortgage-backed securities helped trigger the worst financial crisis since the Great Depression, […]

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TFH 7/9 | Forecasting New Developments in Foreclosure Defense That Every Homeowner Needs To Know

TFH 7/9 | Forecasting New Developments in Foreclosure Defense That Every Homeowner Needs To Know

09 July 2017

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 –  July 9 Forecasting New Developments in Foreclosure Defense That Every Homeowner Needs To Know ——————— […]

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Press Release | US MAGISTRATE JUDGE REJECTS TRADE SECRET PRIVILEGE AND GRANTS MOTION TO COMPEL TESTIMONY OF NATIONWIDE TITLE CLEARING ERIKA LANCE

Press Release | US MAGISTRATE JUDGE REJECTS TRADE SECRET PRIVILEGE AND GRANTS MOTION TO COMPEL TESTIMONY OF NATIONWIDE TITLE CLEARING ERIKA LANCE

07 July 2017

      For Immediate Release                              Contact:  DeAnne Merey 646-785-9594 Dmerey@Tantillolaw.com US MAGISTRATE JUDGE REJECTS TRADE SECRET PRIVILEGE AND GRANTS MOTION TO COMPEL TESTIMONY  Testimony Required Where Worries About Disclosure are Overblown New York, N.Y.—July 6, 2017—United States Magistrate Judge, James C. Francis IV, granted plaintiffs’ motion to compel compliance with their subpoena to depose […]

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Snyder v. OCWEN LOAN SERVICING, LLC, Dist. Court, ND Illinois | Plaintiffs have established the basis for certification of a limited class under Federal Rule of Civil Procedure 23(b)(2) and an entitlement to at least some of the preliminary injunctive relief they seek

Snyder v. OCWEN LOAN SERVICING, LLC, Dist. Court, ND Illinois | Plaintiffs have established the basis for certification of a limited class under Federal Rule of Civil Procedure 23(b)(2) and an entitlement to at least some of the preliminary injunctive relief they seek

06 July 2017

  KEITH SNYDER and SUSAN MANSANAREZ, individually and on behalf of all others similarly situated, Plaintiffs, v. OCWEN LOAN SERVICING, LLC, Defendant. TRACEE A. BEECROFT, individually and on behalf of all others similarly situated, Plaintiff, v. OCWEN LOAN SERVICING, LLC, Defendant. Case Nos. 14 C 8461, 16 C 8677United States District Court, N.D. Illinois, Eastern […]

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Johnson v. US Bank National Association | FL 2DCA – Because the Bank failed to present sufficient evidence of standing, remand for involuntary dismissal of the complaint is appropriate

Johnson v. US Bank National Association | FL 2DCA – Because the Bank failed to present sufficient evidence of standing, remand for involuntary dismissal of the complaint is appropriate

06 July 2017

  DAVID G. JOHNSON and JILL C. JOHNSON, Appellants, v. U.S. BANK NATIONAL ASSOCIATION, AS TRUSTEE, FOR STRUCTURED ASSET INVESTMENT LOAN TRUST, MORTAGE PASS-THROUGH CERTIFICATES, SERIES 2005-7; MEADOW WALK HOMEOWNERS ASSOCIATION, INC, Appellees. Case No. 2D15-3269.District Court of Appeal of Florida, Second District.Opinion filed June 28, 2017.Appeal from the Circuit Court for Sarasota County; Nancy […]

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Blackstone v. Sharma, Md: Court of Special Appeals | Because Ventures Trust had no such license, it was barred from filing, through its agents, the two foreclosure actions here at issue

Blackstone v. Sharma, Md: Court of Special Appeals | Because Ventures Trust had no such license, it was barred from filing, through its agents, the two foreclosure actions here at issue

05 July 2017

  KYLE BLACKSTONE, ET AL., v. DINESH SHARMA, ET AL. TERRANCE SHANAHAN, SUBSTITUTE. TRUSTEE, ET AL., v. SEYED MARVASTIAN, ET AL. Nos. 1524, 1525 Consolidated Case, September Term, 2015.Court of Special Appeals of Maryland.Filed: June 6, 2017.Wright, Shaw Geter, Salmon, James P., (Senior Judge, Specially Assigned), JJ. Opinion by SALMON, J. This consolidated appeal originates […]

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Florida couple stunned to learn $458,000 paid for gulf-front condo may be for nothing

Florida couple stunned to learn $458,000 paid for gulf-front condo may be for nothing

05 July 2017

Tampa Bay- On June 8, a condo overlooking the Gulf of Mexico in North Redington Beach sold at a Pinellas County foreclosure auction for $458,100. The winning bidders, an Orlando couple, thought they had gotten a good deal on the 1,500-square unit in the Ram-Sea Condominiums with heated pool and Jacuzzi. Owners can use their […]

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Wells Fargo Unsettles Mortgage Bond Market by Holding Back Funds

Wells Fargo Unsettles Mortgage Bond Market by Holding Back Funds

05 July 2017

Trustee kept $90 million owed to investors in 20 securities Money held to cover legal costs related to financial crisis Bloomberg- Wells Fargo & Co. surprised investors this week by withholding more than $90 million due to buyers of pre-crisis residential mortgage-backed securities. The bank said it invoked its right as trustee to hold back funds to cover […]

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Deutsche Bank National Trust Company v. Garcia, et al. | HAWAII ICA – Judgment Vacated, The Grant of Summary Judgment In Favor Of Deutsche Bank Was An ERROR

Deutsche Bank National Trust Company v. Garcia, et al. | HAWAII ICA – Judgment Vacated, The Grant of Summary Judgment In Favor Of Deutsche Bank Was An ERROR

02 July 2017

H/T DUBIN LAW OFFICES   028874758 (1) by DinSFLA on Scribd © 2010-17 FORECLOSURE FRAUD | by DinSFLA. All rights reserved.

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TFH 7/2 | 10 Ways Courts Could Easily Reduce Otherwise Increasing Residential Foreclosure Case Backlogs by More Than 95% While Protecting Homeowners at the Same Time — Are Any Judge’s Listening?

TFH 7/2 | 10 Ways Courts Could Easily Reduce Otherwise Increasing Residential Foreclosure Case Backlogs by More Than 95% While Protecting Homeowners at the Same Time — Are Any Judge’s Listening?

02 July 2017

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 –  July 2 10 Ways Courts Could Easily Reduce Otherwise Increasing Residential Foreclosure Case Backlogs by […]

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Bank of America v Yeh | HAWAII ICA – BANA did not present evidence to establish its entitlement to enforce the Note at the time the action commenced.

Bank of America v Yeh | HAWAII ICA – BANA did not present evidence to establish its entitlement to enforce the Note at the time the action commenced.

29 June 2017

H/T DUBIN LAW OFFICES 028866654 (1) by DinSFLA on Scribd © 2010-17 FORECLOSURE FRAUD | by DinSFLA. All rights reserved.

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A Review and Assessment of the National Mortgage Settlement by Its Monitor Joseph A. Smith Jr.

A Review and Assessment of the National Mortgage Settlement by Its Monitor Joseph A. Smith Jr.

29 June 2017

A REVIEW AND ASSESSMENT OF THE NATIONAL MORTGAGE SETTLEMENT BY ITS MONITOR JOSEPH A. SMITH, JR.* Since April 2012, I have served as Monitor of the consent judgments commonly known as the National Mortgage Settlement (the “Settlement”). The obligations of the mortgage servicer parties to the first five of such judgments1 were satisfied in March […]

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Ocwen Financial Corp. Securities Litigation | OCWEN Loses at Summary judgement Phase | {IT] …determined Ocwen materially misrepresented in its securities filings and other public statements that its Executive Chairman would recuse himself from Ocwen’s transactions . . .

Ocwen Financial Corp. Securities Litigation | OCWEN Loses at Summary judgement Phase | {IT] …determined Ocwen materially misrepresented in its securities filings and other public statements that its Executive Chairman would recuse himself from Ocwen’s transactions . . .

29 June 2017

The Court concluded that although Ocwen and the Executive Chairman definitively stated the Executive Chairman would recuse himself according to company policy, there was in fact no company policy requiring recusal, nor had the Executive Chairman recused himself.  The National Law Review- In a June 13, 2017, ruling on a motion for partial summary judgment in the Ocwen Financial Corp. […]

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FULL DEPOSITION OF JOSEPH A. SMITH JR | National Mortgage Settlement Monitor

FULL DEPOSITION OF JOSEPH A. SMITH JR | National Mortgage Settlement Monitor

27 June 2017

H/T LivingLies From deposition testimony pages 104 and 105:   Q. And did your office and/or you do anything to ensure compliance with the HAMP and the service participation agreements?   A. “ What we did with all servicers was to meet and require them to provide to us their assessment of what the applicable […]

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VERIZZO v. BANK OF NEW YORK MELLON | FL 2DCA – We are again required to reverse a final judgment of foreclosure because of the plaintiff’s failure to prove at trial the existence of standing at the inception of the case

VERIZZO v. BANK OF NEW YORK MELLON | FL 2DCA – We are again required to reverse a final judgment of foreclosure because of the plaintiff’s failure to prove at trial the existence of standing at the inception of the case

26 June 2017

DAVID VERIZZO, Appellant, v. THE BANK OF NEW YORK MELLON F/K/A THE BANK OF NEW YORK, AS SUCCESSOR TRUSTEE FOR JPMORGAN CHASE BANK, N.A., AS TRUSTEE FOR NOVASTAR MORTGAGE FUNDING TRUST, SERIES 2006-3 NOVASTAR HOME EQUITY LOAN ASSET-BACKED CERTIFICATES 2006-3, Appellee. Case No. 2D15-2508.District Court of Appeal of Florida, Second District. Opinion filed June 21, […]

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The Pooling and Servicing Agreement: Why eat just half the enchilada?

The Pooling and Servicing Agreement: Why eat just half the enchilada?

26 June 2017

cross posted via clouded titles Securitization Issues — Throughout the trials and tribulations of pouring over thousands of documents, the same issue keeps popping up in my head.  Why are attorneys claiming to rely ONLY on the Pooling and Servicing Agreement (the “PSA”) to establish REMIC failure and nothing else? How many cases have you […]

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TFH 6/25 |  10 Easy Ways To Lose a Judicial Foreclosure Case: The Most Common Mistakes Made Defending Against Foreclosure

TFH 6/25 | 10 Easy Ways To Lose a Judicial Foreclosure Case: The Most Common Mistakes Made Defending Against Foreclosure

25 June 2017

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 –  June 25 10 Easy Ways To Lose a Judicial Foreclosure Case: The Most Common Mistakes […]

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US Office of the Solicitor General files Amicus Brief in Investor False Claims Suit re: Schneider v JP Morgan Chase

US Office of the Solicitor General files Amicus Brief in Investor False Claims Suit re: Schneider v JP Morgan Chase

22 June 2017

IN THE UNITED STATES COURT OF APPEALS FOR THE DISTRICT OF COLUMBIA CIRCUIT UNITED STATES OF AMERICA, EX REL. LAURENCE SCHNEIDER, ET AL., Plaintiffs, LAURENCE SCHNEIDER, Plaintiff-Appellant, v. JPMORGAN CHASE BANK, NATIONAL ASSOCIATION; JPMORGAN CHASE & CO.; CHASE HOME FINANCE, LLC, Defendants-Appellees. On Appeal from the United States District Court for the District of Columbia […]

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Trump seeks sharp cuts to housing aid, except for program that brings him millions

Trump seeks sharp cuts to housing aid, except for program that brings him millions

21 June 2017

WaPO- President Trump’s budget calls for sharply reducing funding for programs that shelter the poor and combat homelessness — with a notable exception: It leaves intact a type of federal housing subsidy that is paid directly to private landlords. One of those landlords is Trump himself, who earns millions of dollars each year as a […]

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Blockchain: Digitally Rebuilding the Real Estate Industry by Avi Spielman

Blockchain: Digitally Rebuilding the Real Estate Industry by Avi Spielman

21 June 2017

Blockchain: Digitally Rebuilding the Real Estate Industry by Avi Spielman ABSTRACT There are tremendous potential applications for blockchain technology, an innovative distributed ledger database system, within the real estate industry. This paper will explore one aspectrecording property titles- by comparing the benefits and limitations of a blockchain with those of the current record keeping system. […]

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