FORECLOSURE FRAUD | by DinSFLA - Part 41
U.S. BANK  v. PARISI | NYSC – Another Statute of Limitations Foreclosure Dismissal Granted

U.S. BANK v. PARISI | NYSC – Another Statute of Limitations Foreclosure Dismissal Granted

15 October 2015

H/T   Decision and order of Honorable William B. Rebolini, Suffolk County Supreme Court Justice, dated October 14, 2015 (Parisi-Viola decision)—wherein, Mr. Young, principal counsel of Young Law Group, PLLC, once again, successfully argued that the six (6) year statute of limitations to foreclose their clients’ mortgage had expired prior to the commencement of the […]

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US Bank N.A. v Glusky | NYSC – It is not sufficient to produce an affidavit from the servicer or the lender as to the usual procedures undertaken with respect to mailing the notice even if a copy of a notice is produced as part of the servicer’s file

US Bank N.A. v Glusky | NYSC – It is not sufficient to produce an affidavit from the servicer or the lender as to the usual procedures undertaken with respect to mailing the notice even if a copy of a notice is produced as part of the servicer’s file

15 October 2015

Decided on October 7, 2015 Supreme Court, Westchester County US Bank National Association, as Trustee for the holders of the Citigroup Mortgage Loan Trust, Inc., Asset-Backed Pass Through Certificates, Series 2007-AMC2, Plaintiff, against Robert M. Glusky, et. al., Defendant. Fenkel, Lambert, Weiss, Wiesman & Gordon, LLP Attorney for Plaintiff 53 Gibson Street Bayshore, New York […]

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Hillary Clinton’s Take on Banks Won’t Hold Up | The Democratic frontrunner seems to be counting on America’s ignorance about the 2008 crash

Hillary Clinton’s Take on Banks Won’t Hold Up | The Democratic frontrunner seems to be counting on America’s ignorance about the 2008 crash

15 October 2015

Rolling Stone 0 The inaugural Democratic debate Tuesday night was a strange show. It felt like two different programs. One was a screwball comedy starring red-faced ex-Marine Jim Webb and retired Keebler elf Lincoln Chafee, whose Rhode Island roots highlighted the Farrelly brothers feel of his performance. The latter’s “I voted to repeal the Glass-Steagall […]

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PEOPLES vs SAMI II TRUST 2006-AR6 | FL 4DCA – The first lesson in “Foreclosures 101”: a lender must prove it had standing before the complaint is filed to foreclose on a mortgage

PEOPLES vs SAMI II TRUST 2006-AR6 | FL 4DCA – The first lesson in “Foreclosures 101”: a lender must prove it had standing before the complaint is filed to foreclose on a mortgage

14 October 2015

DISTRICT COURT OF APPEAL OF THE STATE OF FLORIDA FOURTH DISTRICT SUZANNE PEOPLES a/k/a SUZANNE M. PEOPLES, Appellant, v. SAMI II TRUST 2006-AR6, BANK OF NEW YORK AS SUCCESSOR IN INTEREST TO JP MORGAN CHASE BANK, N.A., AS TRUSTEE, Appellee. No. 4D14-2757 [October 14, 2015] Appeal from the Circuit Court for the Seventeenth Judicial Circuit, […]

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RODRIGUEZ vs WELLS FARGO BANK, N.A. | FL 4DCA – the bank failed to prove it had standing to enforce the note

RODRIGUEZ vs WELLS FARGO BANK, N.A. | FL 4DCA – the bank failed to prove it had standing to enforce the note

14 October 2015

DISTRICT COURT OF APPEAL OF THE STATE OF FLORIDA FOURTH DISTRICT MARIO A. RODRIGUEZ and LENDY RODRIGUEZ, Appellants, v. WELLS FARGO BANK, N.A., d/b/a AMERICA’S SERVICING COMPANY, Appellee. No. 4D14-100 [October 14, 2015] Appeal from the Circuit Court for the Fifteenth Judicial Circuit, Palm Beach County; Howard Harrison, Senior Judge; L.T. Case No. 502010CA001392XXXXMB. Brian […]

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HSBC vs ROWE | Illinois Appellate Court Upholds Foreclosure Judgment Despite Discrepancies Between Copies of the Note Attached to Foreclosure Complaint and Submitted into Evidence

HSBC vs ROWE | Illinois Appellate Court Upholds Foreclosure Judgment Despite Discrepancies Between Copies of the Note Attached to Foreclosure Complaint and Submitted into Evidence

13 October 2015

The National Law Review – In HSBC Bank USA v. Rowe, 2015 IL App (3d) 140553, the Third District appellate court recently affirmed a grant of summary judgment in favor of a lender despite some discrepancies between the copy of the note attached to the complaint and the note submitted into evidence. The Rowe decision […]

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County Clerk Speaks Out Against MERS Ruling . . . “It is a hostile world to property owners,” said DeBeauvoir

County Clerk Speaks Out Against MERS Ruling . . . “It is a hostile world to property owners,” said DeBeauvoir

13 October 2015

Texas Property Owners Suffer Because of MERS Court Ruling AUSTIN, TX (October 6, 2015) — FOR IMMEDIATE RELEASE Travis County Clerk Dana DeBeauvoir, joined by the Travis County Commissioners’ Court, issues the following statement regarding the recent ruling by the United States Court of Appeals for the Fifth Circuit in Harris County v. MERSCorp Incorporated: Most […]

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In re Blendheim | 9th Cir. – The panel held that under § 506(d), if a creditor’s claim has not been “allowed” in the bankruptcy proceeding, then a lien securing the claim is void.

In re Blendheim | 9th Cir. – The panel held that under § 506(d), if a creditor’s claim has not been “allowed” in the bankruptcy proceeding, then a lien securing the claim is void.

12 October 2015

  IN THE MATTER OF: ROBERT S. BLENDHEIM AND DARLENE G. BLENDHEIM, Debtor. HSBC BANK USA, National Association, as Indenture Trustee of the Fieldstone Mortgage Investment Trust, Series 2006-1, Appellant/Cross-Appellee, v. ROBERT S. BLENDHEIM; DARLENE G. BLENDHEIM, Appellees/Cross-Appellant. Nos. 13-35354, 13-35412.United States Court of Appeals, Ninth Circuit.Argued and Submitted October 7, 2014 — Seattle, Washington.Filed […]

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Tagupa v. VIPDESK, Haw: Supreme Court 2015 | the authority of a trial court to condition the voluntary dismissal of a complaint upon the plaintiff’s payment of the defendant’s attorney’s fees and costs.

Tagupa v. VIPDESK, Haw: Supreme Court 2015 | the authority of a trial court to condition the voluntary dismissal of a complaint upon the plaintiff’s payment of the defendant’s attorney’s fees and costs.

10 October 2015

via a reader This is actually a very important decision. More and more loan servicers are stretching a borrower’s budget by filing foreclosure complaints and then withdrawing them once they discover a defect needing, for instance, the manufacturing of a missing allonge or a new mortgage assignment once learning that the borrower has a rarely […]

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SLORP V. LERNER, Sampson & Rothfuss (“LSR”) | Defendants Bank of America, N.A. and Mortgage Electronic Registration Systems, Inc.’s Motions to Dismiss DENIED and DENIES Defendants LSR and Shellie Hill’s Motion to Dismiss

SLORP V. LERNER, Sampson & Rothfuss (“LSR”) | Defendants Bank of America, N.A. and Mortgage Electronic Registration Systems, Inc.’s Motions to Dismiss DENIED and DENIES Defendants LSR and Shellie Hill’s Motion to Dismiss

09 October 2015

S.D. OHIO UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF OHIO EASTERN DIVISION CASE NO. 2:12-CV-498 09-23-2015 RICK A. SLORP, PLAINTIFF, V. LERNER, SAMPSON & ROTHFUSS, ET AL. DEFENDANTS. CHIEF JUDGE EDMUND A. SARGUS, JR. CHIEF JUDGE EDMUND A. SARGUS, JR. MAGISTRATE JUDGE NORAH MCCANN KING  OPINION AND ORDER This matter is before the Court on […]

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Senate Democratic Inquiry Targets Banks, Wall Street Settlements

Senate Democratic Inquiry Targets Banks, Wall Street Settlements

09 October 2015

Banking Committee member Sherrod Brown wants to know whether banks changed any behavior after penalties   WSJ- A powerful Democratic senator has launched an inquiry into bank misconduct, asking top financial institutions to turn over information about the settlements they have entered into with federal agencies over the past decade. Sherrod Brown of Ohio, the […]

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Davidson v. Capital One Bank (USA), N.A.| FTC Files Amicus Brief – Asks federal court to consider banks as “debt collectors” under the FDCPA

Davidson v. Capital One Bank (USA), N.A.| FTC Files Amicus Brief – Asks federal court to consider banks as “debt collectors” under the FDCPA

09 October 2015

H/T Lexology No. 14-14200 IN THE UNITED STATES COURT OF APPEALS FOR THE ELEVENTH CIRCUIT Keith Davidson, Plaintiff-Appellant, v. Capital One Bank (USA), N.A., Defendant-Appellee, On Appeal from the United States District Court For the Northern District of Georgia No. 1:13-cv-2307 Hon. William S. Duffy, Jr.   Amicus Brief of the Federal Trade Commission Supporting […]

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It’s about to get much easier for consumers to sue big banks

It’s about to get much easier for consumers to sue big banks

08 October 2015

Yahoo- A consumer watchdog is one step closer to finally preventing big banks, payday lenders and other financial services from blocking class action lawsuits filed by disgruntled consumers. In a statement Wednesday, the Consumer Financial Protection Bureau proposed rules that would prohibit some financial services companies from including a clause in customer agreements that forces […]

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UPDATE ON OSCEOLA COUNTY FORENSIC EXAMINATION INVESTIGATION

UPDATE ON OSCEOLA COUNTY FORENSIC EXAMINATION INVESTIGATION

08 October 2015

Clouded Titles- Things appear to be shifting into second gear with the latest urging (via letter) from Congressman Alan Grayson to United States Attorney General Loretta Lynch: Alan Grayson Letter to Loretta Lynch In the meantime, a second investigation has been launched into the Osceola County, Florida county land records involving an upcoming motion to […]

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TILA | “THE TRUTH SHALL SET YOU FREE” ….. Concise observations regarding TILA. The professor wrote TWO ARTICLES. “Living Lies” discusses the most recent one

TILA | “THE TRUTH SHALL SET YOU FREE” ….. Concise observations regarding TILA. The professor wrote TWO ARTICLES. “Living Lies” discusses the most recent one

08 October 2015

THE TRUTH SHALL SET YOU FREE: EXPLAINING JUDICIAL HOSTILITY TO THE TRUTH IN LENDING ACT’S RIGHT TO RESCIND A MORTGAGE LOAN Alexandra P. Everhart Sickler August 15, 2014 * Abstract:    (This was the FORTHCOMING “Pre-Article”) The Supreme Court is entertaining a divide among the federal circuits over whether the federal Truth in Lending Act […]

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SIGTARP REPORT: Factors Impacting the Effectiveness of Hardest Hit Fund Florida

SIGTARP REPORT: Factors Impacting the Effectiveness of Hardest Hit Fund Florida

07 October 2015

Summary Five years into the Troubled Asset Relief Program’s (“TARP”) second largest foreclosure prevention program known as the Housing Finance Agency Innovation Fund for the Hardest Hit Housing Markets (“Hardest Hit Fund” or “HHF”), HHF in Florida has helped only 22,400, far less than expected at the beginning of the program. HHF Florida has drawn […]

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TFH Exclusive Surprise Report — Federal and State Criminal Statutes of Limitations Mr. Bernanke Have NOT Expired For Prosecuting Bank Executives for Mortgage Fraud

TFH Exclusive Surprise Report — Federal and State Criminal Statutes of Limitations Mr. Bernanke Have NOT Expired For Prosecuting Bank Executives for Mortgage Fraud

07 October 2015

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 11, 1215 Exclusive Surprise Report — Federal and State Criminal Statutes of Limitations Mr. Bernanke […]

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Tampa law firm Daniel C. Consuegra PL to lay off 150, close title company unit Consuegra Title LLC

Tampa law firm Daniel C. Consuegra PL to lay off 150, close title company unit Consuegra Title LLC

06 October 2015

Tampa bay Business Journal- The Law Offices of Daniel C. Consuegra PL in Tampa will lay off approximately 154 workers and permanently close its title company unit, Consuegra Title LLC. The permanent layoffs are expected to happen in late November. The firm notified the state of Florida of the layoffs this week through a Worker […]

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HSBC Bank USA, N.A. v. Ryan Kahan | Foreclosure plaintiffs cannot rely solely on their status as parent corporation

HSBC Bank USA, N.A. v. Ryan Kahan | Foreclosure plaintiffs cannot rely solely on their status as parent corporation

05 October 2015

Lexology- The ownership of the promissory note by a subsidiary corporation of the Plaintiff cannot alone establish standing to foreclose. In HSBC Bank USA, N.A. v. Ryan Kahan, et al., the Court granted the borrowers’ motion for involuntary dismissal or directed verdict due to (1) Plaintiff’s failure to establish standing at the commencement of the […]

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Beard v. OCWEN LOAN SERVICING, LLC, Dist. Court, MD PA 2015 | Mortgage servicer liable for its attorney’s payoff statement

Beard v. OCWEN LOAN SERVICING, LLC, Dist. Court, MD PA 2015 | Mortgage servicer liable for its attorney’s payoff statement

05 October 2015

H/T Lexology JAYNIE L. BEARD, Plaintiff, v. OCWEN LOAN SERVICING, LLC, UDREN LAW OFFICES, P.C., and CATHY MOORE, Defendants. Civil No. 1:14-CV-1162.United States District Court, M.D. Pennsylvania.September 24, 2015. MEMORANDUM WILLIAM W. CALDWELL, District Judge. I. Introduction We are considering three motions for summary judgment. This matter relates to a two-count complaint in which Plaintiff […]

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JAN KALICKI et al., Appellants, v. E*TRADE BANK, Appellee | We agree as to the claims for wrongful foreclosure, trespass and violation of the UCL and reverse the judgment.

JAN KALICKI et al., Appellants, v. E*TRADE BANK, Appellee | We agree as to the claims for wrongful foreclosure, trespass and violation of the UCL and reverse the judgment.

04 October 2015

  JAN KALICKI et al., Plaintiffs and Appellants, v. E*TRADE BANK, Defendant and Respondent. No. D066236.Court of Appeals of California, Fourth District, Division One.Filed September 28, 2015.Ghods Law Firm, Lex Opus, Mohammed K. Ghods, Erick M. Schiffer and William A. Stahr for Plaintiffs and Appellants. Parker Ibrahim & Berg, John M. Sorich and Jenny L. […]

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TFH | What Every Homeowner Needs To Know About Force-Placed Insurance: Eye Witness Testimony How Ocwen And Other Servicers Have Been Ripping Off Homeowners And Getting Away With It.

TFH | What Every Homeowner Needs To Know About Force-Placed Insurance: Eye Witness Testimony How Ocwen And Other Servicers Have Been Ripping Off Homeowners And Getting Away With It.

04 October 2015

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 . . The foreclosure Hour is going to have another blockbuster show this Sunday 10/4 with special guests homeowners […]

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GARY DUBIN LAW OFFICES FORECLOSURE DEFENSE HAWAII and CALIFORNIA
Kenneth Eric Trent, www.ForeclosureDestroyer.com

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