FORECLOSURE FRAUD | by DinSFLA - Part 41
Smith v. REVERSE MORTGAGE SOLUTIONS, INC. | FL 3rd DCA – Non-Signing Spouse in Reverse Mortgage is Protected from Foreclosure

Smith v. REVERSE MORTGAGE SOLUTIONS, INC. | FL 3rd DCA – Non-Signing Spouse in Reverse Mortgage is Protected from Foreclosure

05 August 2015

H/T JD Supra   Celia Elmira Smith, Appellant, v. Reverse Mortgage Solutions, Inc., etc., Appellee. Case No. 3D13-2261.District Court of Appeal of Florida, Third District.Opinion filed July 15, 2015.Kronhaus Law Firm, P.A., and Julie W. Kronhaus, (Winter Park), for appellant. Marinosci Law Group, P.C., and Bart Heffernan, (Ft. Lauderdale), for appellee. Before SHEPHERD, ROTHENBERG and […]

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Posted in STOP FORECLOSURE FRAUD0 Comments

The Foreclosure Hour 8/9/15 | David Versus Goliath in Florida: Clouded Judgments Protecting Clouded Titles

The Foreclosure Hour 8/9/15 | David Versus Goliath in Florida: Clouded Judgments Protecting Clouded Titles

04 August 2015

Coming this Sunday August 9th 2015 — you don’t want to miss The Foreclosure Hour — We want the world to know what happens when one stands up to the mortgage fraud industry, including law enforcement.  . . . . . re: Forensic Examination of the Real Property Records and The Circuit Court Records of […]

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Posted in STOP FORECLOSURE FRAUD2 Comments

Weiner v. OCWEN FINANCIAL CORPORATION | USDC E.D. CA – OCWEN Loses Motion-to-Dismiss in potential Class Action Case with ::RICO:: implications…INFLATED FEES and Misapplying Payment to generate illicit fees

Weiner v. OCWEN FINANCIAL CORPORATION | USDC E.D. CA – OCWEN Loses Motion-to-Dismiss in potential Class Action Case with ::RICO:: implications…INFLATED FEES and Misapplying Payment to generate illicit fees

04 August 2015

  DAVID WEINER, individually, and on behalf of other members of the public similarly situated, Plaintiff, v. OCWEN FINANCIAL CORPORATION, a Florida corporation, and OCWEN LOAN SERVICING, LLC, a Delaware limited liability company, Defendants. No. 2:14-cv-02597-MCE-DAD.United States District Court, E.D. California.July 28, 2015. MEMORANDUM AND ORDER MORRISON C. ENGLAND, Jr., Chief District Judge. Through the […]

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US Prosecution of White Collar Crime Hits 20-Year Low Under Obama Admin. : Report

US Prosecution of White Collar Crime Hits 20-Year Low Under Obama Admin. : Report

04 August 2015

IBTimes- Federal prosecution of white-collar crime has hit a 20-year low, according to a new report on Department of Justice data. The analysis of thousands of records by Syracuse University shows a more than 36 percent decline in such prosecutions since the middle of the Clinton administration, when the decline first began. In the aftermath […]

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Posted in STOP FORECLOSURE FRAUD1 Comment

CIT Completes Acquisition of OneWest Bank

CIT Completes Acquisition of OneWest Bank

03 August 2015

CIT’s Total Assets Increase to More Than $65 Billion; Total Deposits Increase to More Than $30 Billion1 Combines CIT’s National Lending Platform with OneWest’s Regional Branch Banking Network August 03, 2015 08:30 AM Eastern Daylight Time NEW YORK & PASADENA, Calif.–(BUSINESS WIRE)–CIT Group Inc. (NYSE: CIT), a leading provider of commercial lending and leasing services, today […]

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Posted in STOP FORECLOSURE FRAUD0 Comments

Onewest Bank, FSB v Colace | NY App. Div. 2nd Dept. – plaintiff may have violated HAMP regulations and guidelines, which would constitute a failure to negotiate in good faith as required by CPLR 3408(f)

Onewest Bank, FSB v Colace | NY App. Div. 2nd Dept. – plaintiff may have violated HAMP regulations and guidelines, which would constitute a failure to negotiate in good faith as required by CPLR 3408(f)

03 August 2015

Decided on July 29, 2015 SUPREME COURT OF THE STATE OF NEW YORK Appellate Division, Second Judicial Department PETER B. SKELOS, J.P. L. PRISCILLA HALL SANDRA L. SGROI BETSY BARROS, JJ. 2013-03487 (Index No. 22836/10) [*1]Onewest Bank, FSB, respondent, v Esther Colace, appellant, et al, defendants.   Nassau/Suffolk Law Services Committee, Inc., Hempstead, N.Y. (Rosina […]

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Whoa: NY Regulator moves to suspend Promontory Financial Group, the ultimate who’s who of ex-govt officials

Whoa: NY Regulator moves to suspend Promontory Financial Group, the ultimate who’s who of ex-govt officials

03 August 2015

NYT- The Promontory Financial Group occupies a position of trust in the global financial system, acting as a consultant to big banks, foreign nations and the Vatican. Its influence has soared over the years, positioning it as a sort of shadow regulator that provides government authorities with a window into bank misconduct. And the firm’s […]

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HSBC Bank USA v San-Miguel | NYSC – a second allonge is inexplicably submitted, same being apparently attached to the defective written MERS assignment and not to the note, as the terms of the allonge – and established case and statutory

HSBC Bank USA v San-Miguel | NYSC – a second allonge is inexplicably submitted, same being apparently attached to the defective written MERS assignment and not to the note, as the terms of the allonge – and established case and statutory

02 August 2015

NEW YORK SUPREME COURT – QUEENS COUNTY HSBC BANK USA, etc., Plaintiff(s), – against – ROBERT SAN-MIGUEL, et al., Excerpt: Plaintiff has failed to meet its burden in order to properly confer its standing. Initially, plaintiff’s reliance upon the written assignment is insufficient since plaintiff failed to demonstrate that MERS was either the holder or […]

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HSBC Bank USA, N.A. v Roumiantseva | NY App. Div. 2nd Dept. – MERS was never the holder of the note and, therefore, was without authority to assign the note…As a result, the defendants demonstrated, prima facie, that the plaintiff’s purported basis for standing was not valid

HSBC Bank USA, N.A. v Roumiantseva | NY App. Div. 2nd Dept. – MERS was never the holder of the note and, therefore, was without authority to assign the note…As a result, the defendants demonstrated, prima facie, that the plaintiff’s purported basis for standing was not valid

02 August 2015

Decided on July 29, 2015 SUPREME COURT OF THE STATE OF NEW YORK Appellate Division, Second Judicial Department PETER B. SKELOS, J.P. L. PRISCILLA HALL SANDRA L. SGROI BETSY BARROS, JJ.   2013-09197 (Index No. 22274/09) [*1]HSBC Bank USA, National Association, etc., appellant, v Svetlana Roumiantseva, et al., respondents, et al., defendants.   Hogan Lovells […]

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Gretchen Morgenson: A Slack Lifeline for Drowning Homeowners

Gretchen Morgenson: A Slack Lifeline for Drowning Homeowners

02 August 2015

New York Times- After Lucy Circe became disabled and could no longer work, she applied to Bank of America for a mortgage loan modification on her Vermont home. Over more than two years, starting in 2012, the bank repeatedly requested copies of documents that had already been provided, asked for proof that she was no […]

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Posted in STOP FORECLOSURE FRAUD1 Comment

In Re Community Bank of Northern Virginia (PNC Bank) | 3rd Cir. COA – Class Action – decision addresses the issues of commonality, TILA/HOEPA, RESPA, standing, active misleading/fraudulent concealment, and equitable tolling

In Re Community Bank of Northern Virginia (PNC Bank) | 3rd Cir. COA – Class Action – decision addresses the issues of commonality, TILA/HOEPA, RESPA, standing, active misleading/fraudulent concealment, and equitable tolling

30 July 2015

H/T Alina Some snippets: We agree with that conclusion. Due diligence does not mean that borrowers must presume their bank is lying or dissembling and therefore that further investigation is needed. Reading the blizzard of paper that sweeps before them is ample diligence in itself. In short, a borrower ought to be able to rely […]

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Posted in STOP FORECLOSURE FRAUD1 Comment

CFPB Takes Action Against Mortgage Company for Blocking Consumers’ Attempts to Save Their Homes

CFPB Takes Action Against Mortgage Company for Blocking Consumers’ Attempts to Save Their Homes

30 July 2015

Residential Credit Solutions to Pay $1.5 Million for Servicing Wrongs WASHINGTON, D.C. – Today the Consumer Financial Protection Bureau (CFPB) took action against Residential Credit Solutions, Inc. for blocking consumers’ attempts to save their homes from foreclosure. The mortgage servicer failed to honor modifications for loans transferred from other servicers, treated consumers as if they […]

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Posted in STOP FORECLOSURE FRAUD5 Comments

HSBC Bank USA, N.A. v Roumiantseva | NY App. Div. 2nd Dept. – MERS was never the holder of the note and, therefore, was without authority to assign the note…purported endorsement, attached by a paperclip, was not so firmly affixed to the note did not constitute a valid transfer of the underlying note

HSBC Bank USA, N.A. v Roumiantseva | NY App. Div. 2nd Dept. – MERS was never the holder of the note and, therefore, was without authority to assign the note…purported endorsement, attached by a paperclip, was not so firmly affixed to the note did not constitute a valid transfer of the underlying note

30 July 2015

Decided on July 29, 2015 SUPREME COURT OF THE STATE OF NEW YORK Appellate Division, Second Judicial Department PETER B. SKELOS, J.P. L. PRISCILLA HALL SANDRA L. SGROI BETSY BARROS, JJ.   2013-09197 (Index No. 22274/09) [*1]HSBC Bank USA, National Association, etc., appellant, v Svetlana Roumiantseva, et al., respondents, et al., defendants.   Hogan Lovells […]

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Posted in assignment of mortgage, foreclosure fraud, MERS, MORTGAGE ELECTRONIC REGISTRATION SYSTEMS INC., STOP FORECLOSURE FRAUD0 Comments

David Stern v. Bank of Am. Corp. | Third Federal Judge in a Row Declines to Follow Florida Appellate Opinion on Statute of Limitations for Mortgage Foreclosure

David Stern v. Bank of Am. Corp. | Third Federal Judge in a Row Declines to Follow Florida Appellate Opinion on Statute of Limitations for Mortgage Foreclosure

30 July 2015

Via JDSUPRA – In Stern v. Bank of Am. Corp., No. 2:15-CV-153-FTM-29CM, 2015 WL 3991058 (M.D. Fla. June 30, 2015) United States District Court Judge John Steele became the third consecutive United States District Court Judge in Florida to reject the Third DCA’s ruling in Beauvais, describing Beavais as “contrary to the overwhelming weight of […]

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The Foreclosure Hour: What Every Homeowner Needs To Know About Loan Modifications

The Foreclosure Hour: What Every Homeowner Needs To Know About Loan Modifications

29 July 2015

Facing Foreclosure? If so, you can’t afford to miss a single show! Our upcoming guests will help you save your home. COMING TO YOU LIVE DIRECTLY FROM THE DUBIN LAW OFFICES AT HARBOR COURT, DOWNTOWN HONOLULU, HAWAII   . Host: Gary Dubin – Co-Host:  John Waihee – Guest:  Virginia Parsons – What Every Homeowner Needs To […]

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SIGTARP REPORT | More Than 7 Out of 10 (70%) Homeowners Were Turned Down From Their Servicer for HAMP

SIGTARP REPORT | More Than 7 Out of 10 (70%) Homeowners Were Turned Down From Their Servicer for HAMP

29 July 2015

“We also report that 70% of homeowners who applied for HAMP got turned down, with JP Morgan Chase, Bank of America, and Citi, each turning down 80% or more and Ocwen denying more than 70% of the homeowners.”   SIGTARP for the Troubled Asset Relief Program Advancing Economic Stability Through Transparency, Coordinated Oversight, and Robust […]

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Posted in STOP FORECLOSURE FRAUD2 Comments

KENNEY v. HSBC BANK USA NA | FL 4DCA – no evidence indicating when the blank endorsement was placed onto the note…the assignment was insufficient to establish HSBC’s standing

KENNEY v. HSBC BANK USA NA | FL 4DCA – no evidence indicating when the blank endorsement was placed onto the note…the assignment was insufficient to establish HSBC’s standing

28 July 2015

  DISTRICT COURT OF APPEAL OF THE STATE OF FLORIDA FOURTH DISTRICT GEORGE L. KENNEY a/k/a GEORGE KENNEY, Appellant, v. HSBC BANK USA, NATIONAL ASSOCIATION, AS TRUSTEE FOR DEUTSCHE ALT-A SECURITIES, INC., MORTGAGE PASS-THROUGH CERTIFICATES SERIES 2005-6, SUSIE N. KENNEY a/k/a SUSIE KENNEY, SEA OAKS PROPERTY OWNERS ASSOCIATION, INC., SEA OATS OF JUNO BEACH CONDOMINIUM […]

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Reverse-mortgage nightmare can start after borrower dies

Reverse-mortgage nightmare can start after borrower dies

28 July 2015

Philly- Financial decisions can have consequences that outlive the people who make them. In the case of three women, two in South Philadelphia and one in Delaware County, the decision to take out a reverse mortgage – a special kind of loan that allows borrowers 62 and older to convert a portion of their home’s […]

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Posted in STOP FORECLOSURE FRAUD0 Comments

JCHS Harvard U: The State of the Nation’s Housing 2015

JCHS Harvard U: The State of the Nation’s Housing 2015

28 July 2015

The State of the Nation’s Housing The State of the Nation’s Housing 2015 DOWNLOAD THE FULL REPORT  Chapter 1 – Executive Summary Chapter 2 – Housing Markets Chapter 3 – Demographic Drivers Chapter 4 – Homeownership Chapter 5 – Rental Housing Chapter 6 – Housing Challenges Chapter 7 – Appendix Tables | Excel Format Media Kit Press Release (pdf) Key Facts (pdf) Report Cover Image (png) Follow […]

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Peuguero v. Bank of America | FL 4DCA – the Bank failed to provide sufficient evidence to support the judgment amount

Peuguero v. Bank of America | FL 4DCA – the Bank failed to provide sufficient evidence to support the judgment amount

27 July 2015

  NATACHA PEUGUERO and ANGELO PEUGUERO, Appellants, v. BANK OF AMERICA, N.A., SUCCESSOR BY MERGER TO BAC HOME LOANS SERVICING, LP, FKA COUNTRYWIDE HOME LOANS SERVICING, LP, Appellee. No. 4D13-3210.District Court of Appeal of Florida, Fourth District.July 15, 2015.Thomas Erskine Ice and Amanda L. Lundergan of Ice Appellate, Royal Palm Beach, and Thomas D. Hall […]

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Utah Revives BofA Foreclosure Fight Tied to Corruption Case

Utah Revives BofA Foreclosure Fight Tied to Corruption Case

27 July 2015

Bloomberg- Utah’s attorney general revived a potential billion-dollar battle with Bank of America Corp. over foreclosure practices after two of his predecessors were charged with corruption for abandoning the fight. The lawsuit is deja vu for U.S. District Judge Bruce Jenkins, who last week allowed Utah Attorney General Sean Reyes to join a homeowner’s case […]

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Farkas v. U.S. Bank | FL 4DCA – not the owner or holder of the note when the suit was filed because the assignment was dated a day after the foreclosure lawsuit was filed

Farkas v. U.S. Bank | FL 4DCA – not the owner or holder of the note when the suit was filed because the assignment was dated a day after the foreclosure lawsuit was filed

27 July 2015

DISTRICT COURT OF APPEAL OF THE STATE OF FLORIDA FOURTH DISTRICT JANOS FARKAS, Appellant, v. U.S. BANK, NATIONAL ASSOCIATION, as Trustee for WAMU Mortgage Pass Through Certificate for WMALT Series 2007-OA4, Appellee. No. 4D13-3006 [May 27, 2015] Appeal from the Circuit Court for the Fifteenth Judicial Circuit, Palm Beach County; Diana Lewis, Judge; L.T. Case […]

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