FORECLOSURE FRAUD | by DinSFLA - Part 6
Marsden v. BAC HOME LOANS SERVICING, LP | FL 4DCA – Because the bank did not present any evidence of the amount of interest owed, we reverse and remand for the trial court to amend the final judgment and remove any calculations for interest

Marsden v. BAC HOME LOANS SERVICING, LP | FL 4DCA – Because the bank did not present any evidence of the amount of interest owed, we reverse and remand for the trial court to amend the final judgment and remove any calculations for interest

18 July 2016

  MARIO MARSDEN and ROSAL MARSDEN, Appellants, v. BAC HOME LOANS SERVICING, L.P. f/k/a COUNTRYWIDE HOME LOANS SERVICING, L.P.; NEWPORT ISLES PROPERTY OWNERS ASSOCIATION, INC.; PORTOFINO ISLES HOMEOWNERS ASSOCIATION INC.; and Unknown Tenant(s) In Possession Of The Subject Property, Appellees. No. 4D14-1623.District Court of Appeal of Florida, Fourth District.July 13, 2016.Appeal from the Circuit Court […]

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HON. ARMANDO RAMIREZ IS RUNNING FOR RE-ELECTION AS OSCEOLA COUNTY CIRCUIT CLERK OF COURTS

HON. ARMANDO RAMIREZ IS RUNNING FOR RE-ELECTION AS OSCEOLA COUNTY CIRCUIT CLERK OF COURTS

18 July 2016

via CLOUDED TITLES – BREAKING NEWS, OP-ED … (July 18, 2016) …  This post is divided into two segments that interrelate to each other. SEGMENT ONE: I only generally post stuff that is significant and related to chain of title issues. Here, there is more than meets the eye, which is why I’ve made it […]

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TFH 7/17 | Foreclosure Workshop #16: Paragraph 22, The Notice of Default And Right To Cure — How To Use This Most Overlooked Foreclosure Defense To Defeat Summary Judgment And Win At Trial

TFH 7/17 | Foreclosure Workshop #16: Paragraph 22, The Notice of Default And Right To Cure — How To Use This Most Overlooked Foreclosure Defense To Defeat Summary Judgment And Win At Trial

17 July 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 – July 17, 2016 Foreclosure Workshop #16: Paragraph 22, The Notice of Default And Right To […]

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SIGTARP: Mortgage Servicers Have Wrongfully Terminated Homeowners Out of the HAMP Program

SIGTARP: Mortgage Servicers Have Wrongfully Terminated Homeowners Out of the HAMP Program

14 July 2016

TARP’s major foreclosure prevention program, the Home Affordable Mortgage Program (“HAMP”), was created to provide sustainable and affordable mortgage assistance to homeowners at risk of foreclosure.1 Although this program is at a turning point in its lifecycle, mortgage servicers administering HAMP will continue to need strict oversight in upcoming years. While HAMP was already scheduled […]

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Homeowners: From $150 HOA fee to foreclosure

Homeowners: From $150 HOA fee to foreclosure

13 July 2016

WTSP- Hillsborough County homeowners are battling their HOA in a foreclosure fight, but one missed payment could cost the family their home. “Because of $150, we’re going to lose a $300,000 home,” says homeowner Tina Lopez. The Riverview family is taking on the Rivercrest Community Association, who just sold the home at auction.  The Lopez […]

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REPORT | TOO BIG TO JAIL:  INSIDE THE OBAMA JUSTICE DEPARTMENT’S DECISION NOT TO HOLD WALL STREET ACCOUNTABLE

REPORT | TOO BIG TO JAIL: INSIDE THE OBAMA JUSTICE DEPARTMENT’S DECISION NOT TO HOLD WALL STREET ACCOUNTABLE

11 July 2016

TOO BIG TO JAIL: INSIDE THE OBAMA JUSTICE DEPARTMENT’S DECISION NOT TO HOLD WALL STREET ACCOUNTABLE REPORT PREPARED BY THE REPUBLICAN STAFF OF THE COMMITTEE ON FINANCIAL SERVICES, U.S. HOUSE OF REPRESENTATIVES HON. JEB HENSARLING, CHAIRMAN 114TH CONGRESS, SECOND SESSION JULY 11, 2016   Executive Summary In March 2013, the Committee on Financial Services (Committee) […]

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Justice Department Overruled Recommendation to Pursue Charges Against HSBC, Report Says

Justice Department Overruled Recommendation to Pursue Charges Against HSBC, Report Says

11 July 2016

WSJ- U.S. Justice Department officials overruled their prosecutors’ recommendation to pursue criminal charges against  HSBC  Holdings PLC over money-laundering failings, according to a House committee report prepared by Republicans that sheds new light on the bank’s 2012 settlement. The report, which was reviewed by The Wall Street Journal ahead of its release Monday morning and […]

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TFH 7/10 | Foreclosure Workshop #15:  Chase v. Flavin — A Case Study Concerning What Happens When A WaMu FA Borrower Goes To Trial Against Chase

TFH 7/10 | Foreclosure Workshop #15: Chase v. Flavin — A Case Study Concerning What Happens When A WaMu FA Borrower Goes To Trial Against Chase

10 July 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 – July 10, 2016 Foreclosure Workshop #15: Chase v. Flavin — A Case Study Concerning What […]

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Jordan v. Nationstar Mortg., LLC | The Washington Supreme Court held that the deed of trust provisions in this case conflicted with Washington law because they allowed Nationstar to take possession of the property after default

Jordan v. Nationstar Mortg., LLC | The Washington Supreme Court held that the deed of trust provisions in this case conflicted with Washington law because they allowed Nationstar to take possession of the property after default

09 July 2016

IN THE SUPREME COURT OF THE STATE OF WASHINGTON CERTIFICATION FROM THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF WASHINGTON IN LAURA ZAMORA JORDAN, as her separate estate, and on behalf of others similarly situated, Plaintiff, v. NATIONSTAR MORTGAGE, LLC, a Delaware limited liability company, Defendant. ________________________) OWENS, J. -After defaulting on her […]

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Parties in PHH Case Argue the Impact of Recent Supreme Court Decision

Parties in PHH Case Argue the Impact of Recent Supreme Court Decision

07 July 2016

Lexology- In the latest development in PHH Corp. v. Consumer Financial Protection Bureau (CFPB), PHH and the Bureau have both filed letters addressed to the D.C. Circuit arguing over the impact of a recent Supreme Court decision on the case. At issue is whether the Supreme Court’s decision in Encino Motorcars, LLC v. Navarro, No. 15-415 […]

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STOLTZ v AURORA LOAN SERVICES, LLC | 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 inception of the case

STOLTZ v AURORA LOAN SERVICES, LLC | 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 inception of the case

06 July 2016

IN THE DISTRICT COURT OF APPEAL OF FLORIDA SECOND DISTRICT   NOT FINAL UNTIL TIME EXPIRES TO FILE REHEARING MOTION AND, IF FILED, DETERMINED ROBERT J. STOLTZ, Appellant, v. AURORA LOAN SERVICES, LLC; NATIONSTAR MORTGAGE, LCC; HERITAGE BAY UMBRELLA ASSOCIATION, INC.; THE QUARRY COMMUNITY ASSOCIATION, INC.; LORETTA M. STOLTZ; ROBERT B. STOLTZ; UNKNOWN TENANT N/K/A […]

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Colorado AG claims victory in fighting a case against deceptive foreclosures | 9news.com

Colorado AG claims victory in fighting a case against deceptive foreclosures | 9news.com

05 July 2016

9NEWS- Colorado’s Attorney General says she has won a procedural victory in a case that allows her to go after a firm she says inflated foreclosure costs on Colorado homebuyers. Attorney General Cynthia Coffman said in a statement today that in the case State vs. The Castle Law Group, the Colorado Supreme Court held that […]

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VERY INTERESTING | Federal Jurisdiction—Fannie Mae

VERY INTERESTING | Federal Jurisdiction—Fannie Mae

04 July 2016

h/t Gary Dubin LEXOLOGY- Lightfoot v. Cendant Mortgage Corp., No. 14-1055 The Federal National Mortgage Association—better known as “Fannie Mae”—is a quasi-governmental enterprise that operates under a federal charter but that has private owners. Fannie Mae’s charter authorizes the entity to sue and be sued “in any court of competent jurisdiction, State or Federal.” 12 […]

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TFH 7/3/2016 | INDEPENDENCE DAY SPECIAL PROGRAM:  Redefining Foreclosure as Slavery: A Plan To Immediately End Its Abuses as Inconsistent with Human Existence, Individual Freedom, and Public Welfare

TFH 7/3/2016 | INDEPENDENCE DAY SPECIAL PROGRAM: Redefining Foreclosure as Slavery: A Plan To Immediately End Its Abuses as Inconsistent with Human Existence, Individual Freedom, and Public Welfare

02 July 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 – July 3, 2016 INDEPENDENCE DAY SPECIAL PROGRAM: Redefining Foreclosure as Slavery: A Plan To Immediately […]

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BANK OF HAWAI’I V MOSTOUFI | ICA OF HAWAI’I – Plaintiff’s Motion of Summary Judgment; Interlocutory Decree of Foreclosure and Order of Sale Filed 10/1/12 & 2/25/13 Judgment are VACATED

BANK OF HAWAI’I V MOSTOUFI | ICA OF HAWAI’I – Plaintiff’s Motion of Summary Judgment; Interlocutory Decree of Foreclosure and Order of Sale Filed 10/1/12 & 2/25/13 Judgment are VACATED

30 June 2016

IN THE INTERMEDIATE COURT OF APPEALS OF THE STATE OF HAWAI’I BANK OF HAWAII, PLAINTIFF/APPELLEE V HOSSAIN MOSTOUFI; MITRA MOSTOUFI, DEFENDANTS/APPELLANTS 026581054-1 by DinSFLA © 2010-15 FORECLOSURE FRAUD | by DinSFLA. All rights reserved.

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First Horizon v Galiza | ICA of HAWAI’I – FHHL did not have standing to conduct a non-judicial foreclosure and to file and ejectment action

First Horizon v Galiza | ICA of HAWAI’I – FHHL did not have standing to conduct a non-judicial foreclosure and to file and ejectment action

30 June 2016

IN THE INTERMEDIATE COURT OF APPEALS OF THE STATE OF HAWAI’I FIRST HORIZON HOME LOANS, A DIVISION OF FIRST TENNESSEE BANK NATIONAL ASSOCIATION, PLAINTIFF/COUNTERCLAIM DEFENDANT/APPELLEE, V WILMER GALIZA AND FLORDELIZA TAPAT DEFENDANTS/PLAINTIFF COUNTERCLAIMANTS/APPELLANTS 026580789-1 by DinSFLA © 2010-15 FORECLOSURE FRAUD | by DinSFLA. All rights reserved.

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To fight foreclosure, NYC buying mortgages

To fight foreclosure, NYC buying mortgages

30 June 2016

US NEWS- New York City is taking a novel approach to addressing enduring pockets of the home foreclosure crisis by buying long-unpaid mortgages, with plans to help owners stay in their homes if possible or use the properties as affordable housing if not, officials say. It’s among the first cities to pursue buying such loans […]

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Lawyer seeks federal bribery charges against Bondi over Trump donation

Lawyer seeks federal bribery charges against Bondi over Trump donation

30 June 2016

Orlando Sentinel- A Massachusetts lawyer who previously filed state ethics and elections complaints against Florida Attorney General Pam Bondi has asked federal prosecutors to level bribery charges against her and Donald Trump. Whitfield Larrabee, a Boston trial attorney, filed complaints with U.S. Attorney’s offices in New York and Tallahassee on Wednesday alleging the violation of […]

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Floyd v. Bank of America, NA | FL 5DCA- genuine issues of material fact remain as to whether Bank of America had standing at the time the complaint was filed and because Nuñez lacked the personal knowledge required to admit Bank of America’s business records

Floyd v. Bank of America, NA | FL 5DCA- genuine issues of material fact remain as to whether Bank of America had standing at the time the complaint was filed and because Nuñez lacked the personal knowledge required to admit Bank of America’s business records

29 June 2016

DANIELA FLOYD, Appellant, v. BANK OF AMERICA, N.A., ETC., Appellee. Case No. 5D13-4416.District Court of Appeal of Florida, Fifth District.Opinion filed June 24, 2016.Michael S. Wickenhauser, Kendrick Almaguer and Alyssa Pickles, of The Ticktin Law Group, P.A., Deerfield Beach, for Appellant. Mary L. Walter, Tricia J. Duthiers, J. Randolph Liebler and Kristen A. Tajak, of […]

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FYI: NY Enacts Law Affecting Mandatory Foreclosure Settlement Conferences, Pre-Foreclosure Maintenance and Registration as to Vacant Properties

FYI: NY Enacts Law Affecting Mandatory Foreclosure Settlement Conferences, Pre-Foreclosure Maintenance and Registration as to Vacant Properties

28 June 2016

via Maurice Wutscher LLP- On June 23, 2016, New York Governor Cuomo signed S8159 (attached) into law, which among other things contains provisions relating to:   Mandatory settlement conferences in residential foreclosures.  The new law modifies New York’s mandatory settlement conference provisions for residential mortgage foreclosures to among other things allow courts to sanction mortgagees […]

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MORGAN v THE BANK OF NEW YORK MELLON | FL 1DCA – Because the Bank already had the burden to present evidence establishing its standing, it cannot claim it is prejudiced by Appellant’s defense challenging the sufficiency of that evidence.

MORGAN v THE BANK OF NEW YORK MELLON | FL 1DCA – Because the Bank already had the burden to present evidence establishing its standing, it cannot claim it is prejudiced by Appellant’s defense challenging the sufficiency of that evidence.

28 June 2016

IN THE DISTRICT COURT OF APPEAL FIRST DISTRICT, STATE OF FLORIDA NOT FINAL UNTIL TIME EXPIRES TO FILE MOTION FOR REHEARING AND DISPOSITION THEREOF IF FILED CASE NO. 1D15-2401 LINDA G. MORGAN, Appellant, v. THE BANK OF NEW YORK MELLON, f/k/a THE BANK OF NEW YORK, AS TRUSTEE FOR THE CERTIFICATEHOLDERS OF CWALT 2400-25CB, Appellee. […]

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Deutsche Bank v Pinette | VT Superior Court – Amazing when the lender doesn’t know … what the right hand isn’t doing from the left hand

Deutsche Bank v Pinette | VT Superior Court – Amazing when the lender doesn’t know … what the right hand isn’t doing from the left hand

27 June 2016

H/T Dave Krieger NOTICE: This opinion is subject to motions for reargument under V.R.A.P. 40 as well as formal revision before publication in the Vermont Reports. Readers are requested to notify the Reporter of Decisions by email at: JUD.Reporter@vermont.gov or by mail at: Vermont Supreme Court, 109 State Street, Montpelier, Vermont 05609-0801, of any errors […]

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