FORECLOSURE FRAUD | by DinSFLA - Part 6
DEUTSCHE BANK NATIONAL TRUST COMPANY v. Thompson, Conn: Appellate Court | Although the record contains documents memorializing the assignment of the mortgage from MERS to the plaintiff, there are no assignment documents with respect to the note. Thus, the record provides no clues as to when, if ever, the plaintiff acquired the note.

DEUTSCHE BANK NATIONAL TRUST COMPANY v. Thompson, Conn: Appellate Court | Although the record contains documents memorializing the assignment of the mortgage from MERS to the plaintiff, there are no assignment documents with respect to the note. Thus, the record provides no clues as to when, if ever, the plaintiff acquired the note.

27 March 2016

  DEUTSCHE BANK NATIONAL TRUST COMPANY, TRUSTEE, v. RODNEY THOMPSON ET AL. (AC 37362).Appellate Court of Connecticut.Argued January 4, 2016.Officially Released March 22, 2016.Rodney Thompson, self-represented, the appellant (named defendant). Jordan W. Schur, for the appellee (substitute plaintiff). Beach, Sheldon and Harper, Js. Opinion HARPER, J. In this foreclosure action, the self-represented defendant Rodney Thompson[1] […]

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Bernie releases incredible ad featuring Tulsi Gabbard

Bernie releases incredible ad featuring Tulsi Gabbard

27 March 2016

Rep. Tulsi Gabbard would make an excellent first President!!   “I could not in good conscience stay back here in beautiful Hawaii and watch my brothers and sisters in uniform go off into combat. These are people and friends who we never forget.” – Rep. Tulsi Gabbard image: Time.com © 2010-15 FORECLOSURE FRAUD | by […]

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TFH 3/27/16 – Foreclosure Workshop #8: Successful Strategies for Reversing Otherwise Completed Foreclosures (Or How To Bring Dead Foreclosures Back To Life)

TFH 3/27/16 – Foreclosure Workshop #8: Successful Strategies for Reversing Otherwise Completed Foreclosures (Or How To Bring Dead Foreclosures Back To Life)

26 March 2016

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 – March 27, 2016 Foreclosure Workshop #8: Successful Strategies for Reversing Otherwise Completed Foreclosures (Or How […]

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CRUZ vs JPMORGAN CHASE | FL 4DCA – The PAA has caveats where JPMorgan could refuse to acquire assets and there is no record evidence that the FDIC transferred the note to JPMorgan before the complaint was filed

CRUZ vs JPMORGAN CHASE | FL 4DCA – The PAA has caveats where JPMorgan could refuse to acquire assets and there is no record evidence that the FDIC transferred the note to JPMorgan before the complaint was filed

24 March 2016

H/T CORONA LAW FIRM DISTRICT COURT OF APPEAL OF THE STATE OF FLORIDA FOURTH DISTRICT OTTONIEL CRUZ and LUZ M. CRUZ, Appellants, v. JPMORGAN CHASE BANK, NATIONAL ASSOCIATION, AS SUCCESSOR IN INTEREST TO WASHINGTON MUTUAL BANK, FORMERLY KNOWN AS WASHINGTON MUTUAL BANK, F.A., Appellee. No. 4D14-3799 [March 23, 2016] Appeal from the Circuit Court for […]

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SOSA v THE BANK OF NEW YORK MELLON | FL 4DCA – the witness’s entire body of knowledge on the subject was limited to what the witness learned from a search on “the internet.” Such evidence is not competent to establish the Bank’s standing as nonholder in possession with the rights of a holder.

SOSA v THE BANK OF NEW YORK MELLON | FL 4DCA – the witness’s entire body of knowledge on the subject was limited to what the witness learned from a search on “the internet.” Such evidence is not competent to establish the Bank’s standing as nonholder in possession with the rights of a holder.

24 March 2016

H/T CORONA LAW FIRM DISTRICT COURT OF APPEAL OF THE STATE OF FLORIDA FOURTH DISTRICT JORGE SOSA and JEANETTE SOSA, Appellants, v. THE BANK OF NEW YORK MELLON, f/k/a THE BANK OF NEW YORK AS SUCCESSOR IN INTEREST TO JP MORGAN CHASE BANK, N.A., AS TRUSTEE FOR STRUCTURED ASSET MORTGAGE INVESTMENTS II, INC., BEAR STEARNS […]

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In Defense of “Free Houses” | Megan Wachspress, Jessie Agatstein & Christian Mott

In Defense of “Free Houses” | Megan Wachspress, Jessie Agatstein & Christian Mott

23 March 2016

  In Defense of “Free Houses” Megan Wachspress, Jessie Agatstein & Christian Mott <SNIP> Banks have lost many foreclosure cases for two reasons, both resulting from recent changes in the mortgage market. First, securitization has created widespread errors in mortgage notes’ chains of assignment, making it difficult for banks to prove that they in fact […]

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Wells Fargo Bank, N.A. v Russo | NYSC – “In fact the mortgage industry would have been better served by purchasing Snow White’s wicked stepmother’s magic mirror at her estate sale and asking it to pass on borrower’s mortgage applications rather than relying on mortgage brokers. At least the mirror’s response would be truthful”

Wells Fargo Bank, N.A. v Russo | NYSC – “In fact the mortgage industry would have been better served by purchasing Snow White’s wicked stepmother’s magic mirror at her estate sale and asking it to pass on borrower’s mortgage applications rather than relying on mortgage brokers. At least the mirror’s response would be truthful”

23 March 2016

Decided on March 9, 2016 Supreme Court, Richmond County   Wells Fargo Bank, N.A., Plaintiff, against Rose Marie Russo A/K/A ROSEMARIE RUSSO, NEW YORK CITY ENVIRONMENTAL CONTROL BOARD, NEW YORK CITY TRANSIT ADJUDICATION BUREAU, CONNIE RUSSO MICHAEL RUSSO, Defendants. 101249/08 (P)Hogan Lovells US LLP875 Third AvenueNew York, NY 10022 (D)Nicholas Moccia 60 Bay Street Staten […]

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Fannie Mae, Freddie Mac finally set to reduce mortgage balances

Fannie Mae, Freddie Mac finally set to reduce mortgage balances

22 March 2016

Housing Wire- After years of speculation and equivocation, Fannie Mae and Freddie Mac will begin to cut the mortgage balances for a number of homeowners later this year, according to a report from The Wall Street Journal. The Wall Street Journal report, written by Joe Light, states that the Federal Housing Finance Agency recently approved […]

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DEUTSCHE BANK v CHIARELLI | Statute of Limitations Foreclosure Dismissal Granted… In addition, the Court awarded defendant $2500.00 in reasonable attorney’s for having to defend the time-barred action

DEUTSCHE BANK v CHIARELLI | Statute of Limitations Foreclosure Dismissal Granted… In addition, the Court awarded defendant $2500.00 in reasonable attorney’s for having to defend the time-barred action

22 March 2016

SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF SUFFOLK DEUTSCHE BANK NATIONAL TRUST COMPANY AS TRUSTEE FOR HIS ASSET SECURITIZATION CORPORATION TRUST 2007-OPT1, MORTGAGE PASS THROUGH CERTIFICATES, SERIES 2007-OPT1 AGAINST JOHN CHIARELLI, STELLA A. SLAVIN AND RICHARD S. SLAVIN et al Chiarelli- 20160216 SFO Dismissal © 2010-15 FORECLOSURE FRAUD | by DinSFLA. All […]

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GEWEYE v. VENTURES TRUST 2013-IHR | FL 2DCA – Ventures failed to explain how the assignment of mortgage, reflecting only the transfer of the mortgage and not the note, provided it with standing; nothing in the assignment of mortgage conferred standing on Ventures to enforce the note

GEWEYE v. VENTURES TRUST 2013-IHR | FL 2DCA – Ventures failed to explain how the assignment of mortgage, reflecting only the transfer of the mortgage and not the note, provided it with standing; nothing in the assignment of mortgage conferred standing on Ventures to enforce the note

21 March 2016

CAROLYN M. GEWEYE a/k/a Carolyn May Geweye, Appellant, v. VENTURES TRUST 2013-I-H-R; THE UNKNOWN SPOUSE OF CAROLYN M. GEWEYE a/k/a Carolyn May Geweye; THE UNKNOWN HEIRS, DEVISEES, GRANTEES, ASSIGNEES, LIENOR, CREDITORS, TRUSTEES, or other CLAIMANTS claiming by, through, under or against Virginia Larue Wright, deceased; BRUCE CARL WRIGHT a/k/a Bruce C. Wright, as heir of […]

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House passes measure to provide foreclosure relief for members of the military

House passes measure to provide foreclosure relief for members of the military

21 March 2016

The Suburban Times- Monday the U.S. House of Representatives passed S. 2393, the Foreclosure Relief and Extension for Servicemembers Act of 2015, to extend foreclosure protection for military homeowners from 90 days to a one year period until January 1, 2018. Rep. Stephen Fincher (TN-08), Rep. Steve Stivers (OH-15), and Heck filed a House companion […]

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JPMorgan Chase Bank National Association v. Benner | New ICA decision in Hawaii will cancel every ongoing nonjudicial sale in this State and if applied retroactively every nonjudicial foreclosure

JPMorgan Chase Bank National Association v. Benner | New ICA decision in Hawaii will cancel every ongoing nonjudicial sale in this State and if applied retroactively every nonjudicial foreclosure

20 March 2016

H/T Gary Dubin for this recent decision his law firm’s involvement! IN THE IMMEDIATE COURT OF APPEALS OF THE STATE OF HAWAI’I JPMorgan Chase Bank National Association v. Ronald W. Benner   2016-caap-13-0002164 © 2010-15 FORECLOSURE FRAUD | by DinSFLA. All rights reserved.

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TFH 3/20/16 | Foreclosure Workshop #7: How To Successfully Disqualify/Recuse Your Foreclosure Judge When Justified Based on Actual Appearances of Impropriety

TFH 3/20/16 | Foreclosure Workshop #7: How To Successfully Disqualify/Recuse Your Foreclosure Judge When Justified Based on Actual Appearances of Impropriety

20 March 2016

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 – March 20, 2016 Foreclosure Workshop #7: How To Successfully Disqualify/Recuse Your Foreclosure Judge When Justified […]

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Foreclosure Shifts From Summary Denial to Reversal With Opinion

Foreclosure Shifts From Summary Denial to Reversal With Opinion

17 March 2016

DAILY BUSINESS REVIEW – Foreclosure defense attorney Bruce Jacobs achieved a rare feat. The Miami lawyer surmounted two hurdles: He successfully petitioned the Fourth District of Appeal to write an opinion in a case it had already affirmed without an opinion, then persuaded the court to reverse its ruling. “This is a unicorn,” said Jacobs […]

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Geweye v. Ventures Trust 2013-I-H-R | The assignment of mortgage did not purport to assign any interest in the note, and the parties do not dispute that there was no assignment of the note.

Geweye v. Ventures Trust 2013-I-H-R | The assignment of mortgage did not purport to assign any interest in the note, and the parties do not dispute that there was no assignment of the note.

16 March 2016

NOT FINAL UNTIL TIME EXPIRES TO FILE REHEARING MOTION AND, IF FILED, DETERMINED IN THE DISTRICT COURT OF APPEAL OF FLORIDA SECOND DISTRICT CAROLYN M. GEWEYE a/k/a Carolyn May Geweye, Appellant, v. VENTURES TRUST 2013-I-H-R; THE ) UNKNOWN SPOUSE OF CAROLYN M. ) GEWEYE a/k/a Carolyn May Geweye; THE ) UNKNOWN HEIRS, DEVISEES, ) GRANTEES, […]

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FANNIE MAE | Foreclosure Time Frames and Compensatory Fee Allowable Delays Exhibit

FANNIE MAE | Foreclosure Time Frames and Compensatory Fee Allowable Delays Exhibit

16 March 2016

The table below specifies Fannie Mae’s maximum number of allowable days between the due date of the last paid installment (LPI) and foreclosure sale date, as referenced in the Fannie Mae Servicing Guide Part E.   Foreclosure Timeframes Compensatory Fees Allowable Delays © 2010-15 FORECLOSURE FRAUD | by DinSFLA. All rights reserved.

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Yahudaii v Baroukhian | Judgment of Foreclosure Nullity Because Parties Discontinued Action Before Entry of Judgment

Yahudaii v Baroukhian | Judgment of Foreclosure Nullity Because Parties Discontinued Action Before Entry of Judgment

15 March 2016

  Yahudaii v Baroukhian 2016 NY Slip Op 01766 Decided on March 15, 2016 Appellate Division, First Department Decided on March 15, 2016 Sweeny, J.P., Richter, Manzanet-Daniels, Gische, JJ. 491 103449/08 [*1]Yousef Yahudaii, Plaintiff-Appellant-Respondent, v Nourallah Baroukhian, et al., Defendants-Respondents-Appellants, Manouchehr Malekan, et al., Defendants.   Cox Padmore Skolnik & Shakarchy LLP, New York (Stefan […]

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FRONTLINE investigates the economy: How the Deck Is Stacked

FRONTLINE investigates the economy: How the Deck Is Stacked

15 March 2016

Front Line- Eight years ago, the country was in financial free fall. Now, with the 2016 presidential election looming, America’s economic landscape is much different: unemployment is below five percent; job growth is rising; and corporate profits and housing prices are booming. But not far below the surface is a much less glowing economic reality: […]

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Federal National Mortgage Association v. Ford | OH Court of Appeals – (1) that the required prerequisites under the note and mortgage were performed in order to accelerate the balance due on the note; (2) the relevant loan history; and (3) the evidence to support the late fees.

Federal National Mortgage Association v. Ford | OH Court of Appeals – (1) that the required prerequisites under the note and mortgage were performed in order to accelerate the balance due on the note; (2) the relevant loan history; and (3) the evidence to support the late fees.

14 March 2016

2016-Ohio-919 FEDERAL NATIONAL MORTGAGE ASSOCIATION, PLAINTIFF-APPELLEE, v. STANLEY FORD, ET AL., DEFENDANTS-APPELLANTS. No. 102395.Court of Appeals of Ohio, Eighth District, Cuyahoga County.Released and Journalized: March 10, 2016.Marc E. Dann, William C. Behrens, Grace M. Doberdruk, Paul Bellamy, The Dann Law Firm Co., L.P.A., P.O. Box 6031040, Cleveland, Ohio 44103, Attorneys for Appellant. Eric T. Deighton, […]

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TFH 3/13/16 | Foreclosure Workshop #6: How To Use and How Not To Use Robo-Signers as Your Defense

TFH 3/13/16 | Foreclosure Workshop #6: How To Use and How Not To Use Robo-Signers as Your Defense

13 March 2016

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 – March 13, 2016 Foreclosure Workshop #6: How To Use and How Not To Use Robo-Signers […]

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Lewis v. U.S. Bank National Association | No copy of the original note was attached to the complaint… The bank’s reliance on a pooling and servicing agreement was insufficient to establish the bank’s standing to bring suit at the time the suit was filed

Lewis v. U.S. Bank National Association | No copy of the original note was attached to the complaint… The bank’s reliance on a pooling and servicing agreement was insufficient to establish the bank’s standing to bring suit at the time the suit was filed

10 March 2016

DISTRICT COURT OF APPEAL OF THE STATE OF FLORIDA FOURTH DISTRICT SHARLENE HAMPTON LEWIS, Appellant, v. U.S. BANK NATIONAL ASSOCIATION, as Trustee for the Registered Holders of ABFC 2007-WMC 1 Trust, Asset-Backed Certificates, Series 2007-WMC1, Appellee. No. 4D14-815 [March 9, 2016] Appeal from the Circuit Court for the Seventeenth Judicial Circuit, Broward County; Jeffrey E. […]

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Justice Department Recovers Over $3.5 Billion From False Claims Act Cases in Fiscal Year 2015

Justice Department Recovers Over $3.5 Billion From False Claims Act Cases in Fiscal Year 2015

09 March 2016

H/T Clouded Titles- Dave Krieger >>>>> Department of Justice Office of Public Affairs FOR IMMEDIATE RELEASE Thursday, December 3, 2015 Justice Department Recovers Over $3.5 Billion From False Claims Act Cases in Fiscal Year 2015 Recoveries Exceed $3.5 Billion for Fourth Consecutive Year The Department of Justice obtained more than $3.5 billion in settlements and […]

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