FORECLOSURE FRAUD | by DinSFLA - Part 6
DOJ reportedly pursuing criminal charges against JPMorgan Chase, RBS executives

DOJ reportedly pursuing criminal charges against JPMorgan Chase, RBS executives

18 November 2015

. . . U.S. finally targeting individuals for toxic mortgage bonds? HousingWire- Following through on policy changes announced earlier this year that opened the door to individuals being held criminally responsible for corporate misconduct that helped cause the financial crisis, the Department of Justice is reportedly pursuing criminal charges against executives at the Royal Bank […]

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Wells Fargo Bank v. | FL 2nd DCA – “WF’s notice was ineffective to commence the thirty-day period because the notice was conditional. The court awarded fees and costs totaling $38,017.50″

Wells Fargo Bank v. | FL 2nd DCA – “WF’s notice was ineffective to commence the thirty-day period because the notice was conditional. The court awarded fees and costs totaling $38,017.50″

17 November 2015

NOT FINAL UNTIL TIME EXPIRES TO FILE REHEARING MOTION AND, IF FILED, DETERMINED IN THE DISTRICT COURT OF APPEAL OF FLORIDA SECOND DISTRICT WELLS FARGO BANK, National Association, as trustee for Structured Asset Mortgage Investments II Inc., Bear Stearns Mortgage Funding Trust, 2007-AR1, Mortgage Pass-Through Certificates, Series 2007-AR1, Appellant, v.                           Case No. 2D14-5116 LAURI MAILLOUX […]

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Hillary Clinton’s Allegiance to Wall Street in Under 90 Seconds

Hillary Clinton’s Allegiance to Wall Street in Under 90 Seconds

16 November 2015

From Bill Moyer’s 2004 interview with Elizabeth Warren BERNIE|WARREN 2016   Image: Reuters Stephen Lam © 2010-15 FORECLOSURE FRAUD | by DinSFLA. All rights reserved.

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Seidler v. WELLS FARGO BANK, NA | FL 1stDCA – Because the record does not contain sufficient evidence to support reestablishment of the lost page of the note or to prove the original plaintiff’s standing to enforce the note at the time the foreclosure action was filed

Seidler v. WELLS FARGO BANK, NA | FL 1stDCA – Because the record does not contain sufficient evidence to support reestablishment of the lost page of the note or to prove the original plaintiff’s standing to enforce the note at the time the foreclosure action was filed

16 November 2015

JASON P. SEIDLER and MELISSA C. SEIDLER, Appellants, v. WELLS FARGO BANK, N.A., Successor by Merger to Wachovia Bank, N.A., Appellee. Case No. 1D14-2569.District Court of Appeal of Florida, First District. Opinion filed November 12, 2015.Jason P. Seidler and Melissa C. Seidler, Santa Rosa Beach, pro se, Appellants. Joseph D. Wargo and Susan Capote of […]

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HICKS vs WELLS FARGO BANK | FL 5DCA – the complaint was time barred and must be dismissed with prejudice because the suit was not commenced within five years of the default date alleged in the complaint

HICKS vs WELLS FARGO BANK | FL 5DCA – the complaint was time barred and must be dismissed with prejudice because the suit was not commenced within five years of the default date alleged in the complaint

14 November 2015

IN THE DISTRICT COURT OF APPEAL OF THE STATE OF FLORIDA FIFTH DISTRICT NOT FINAL UNTIL TIME EXPIRES TO FILE MOTION FOR REHEARING AND DISPOSITION THEREOF IF FILED PATRICK HICKS AND TAMAICA HICKS, Appellants, v. Case No. 5D14-1748 WELLS FARGO BANK, N.A., ETC., ET AL., Appellees. ________________________________/ Opinion filed November 13, 2015 Appeal from the […]

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TFH 11/22 – The Truth About Truth-In-Lending Rescissions: Understanding the Case Law and Why Judges Dislike TILA

TFH 11/22 – The Truth About Truth-In-Lending Rescissions: Understanding the Case Law and Why Judges Dislike TILA

14 November 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 – November 22, 2015 The Truth About Truth-In-Lending Rescissions: Understanding the Case Law and Why Judges […]

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WOLF vs WELLS FARGO | Wells Fargo Must Pay $5.4M In Robosigning Foreclosure Row

WOLF vs WELLS FARGO | Wells Fargo Must Pay $5.4M In Robosigning Foreclosure Row

13 November 2015

H/T Marie McDonnell Below, I have attached the jury award from the Wolf v. Wells Fargo trial. The jury concluded its deliberations on Tuesday afternoon, November 10th. It is my belief that this is the first jury verdict of its kind where the jury was asked to determine whether a robo-signed Transfer of Lien (assignment […]

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DICKSON vs ROSEVILLE PROPERTIES | FL 2ndDCA – Roseville failed to prove at trial that Nationstar had standing when it filed suit… (6) Assignments of Mortgage after complaint filed

DICKSON vs ROSEVILLE PROPERTIES | FL 2ndDCA – Roseville failed to prove at trial that Nationstar had standing when it filed suit… (6) Assignments of Mortgage after complaint filed

13 November 2015

NOT FINAL UNTIL TIME EXPIRES TO FILE REHEARING MOTION AND, IF FILED, DETERMINED IN THE DISTRICT COURT OF APPEAL OF FLORIDA SECOND DISTRICT MICHAEL B. DICKSON and MAGDALENA DICKSON, Appellants, v. Case No. 2D14-1137 ROSEVILLE PROPERTIES, LLC, Appellee. ___________________________________ Opinion filed November 6, 2015. Appeal from the Circuit Court for Manatee County; Thomas M. Gallen, […]

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Is the Florida statute of limitations issue a thing of the past?

Is the Florida statute of limitations issue a thing of the past?

12 November 2015

Lexology- All indications point to yes; but it is wise to heed the old adage that you should “never count your chickens before they hatch”. The Florida Supreme Court (FLSC) accepted certiorari earlier this year from its 5th District Court of Appeal and held oral argument last week to resolve a dispute on the statute of […]

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Nebraska Bank CEO Convicted for Masking Huge Loan Losses

Nebraska Bank CEO Convicted for Masking Huge Loan Losses

11 November 2015

Guess Eric Holder’s firm’s many tentacles never represented this one… THIS could apply to every large bank CEO – and why hasn’t been applied/tried National Mortgage News- The former chief executive of a Nebraska bank was convicted Friday by a federal jury for lying to investors and regulators about considerable losses tied to risky commercial […]

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Bank to pay Billings man $2 million for ‘mistaken’ foreclosure

Bank to pay Billings man $2 million for ‘mistaken’ foreclosure

10 November 2015

KPAX- A District Court jury has awarded a Billings man just over $2 million in his action against a bank that foreclosed on and sold a house that he and his wife had purchased outright for cash two years earlier. After a four-day trial in the court of Yellowstone County District Judge Ingrid Gustafson last […]

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The Ibanez Property Ring – Adam Levitin

The Ibanez Property Ring – Adam Levitin

09 November 2015

Credit Slip- There’s an interesting new article out on the celebrated Massachusetts U.S. Bank v. Ibanez case that suggests that the defendant, Antonio Ibanez, was at the center of a property fraud ring. It’s not clear to me that there was anything illegal about Ibanez’s activities, but even if there were, I don’t think it […]

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“TO BORROW, TO BORROW . . . SHOULD NOT CAUSE SUCH SORROW ” : WHY NEW JERSEY SHOULD ENACT LEGISLATION INCORPORATING A HOMEOWNER BILL OF RIGHTS (HBOR) AND A SERVICER’S DUTY OF LOSS MITIGATION

“TO BORROW, TO BORROW . . . SHOULD NOT CAUSE SUCH SORROW ” : WHY NEW JERSEY SHOULD ENACT LEGISLATION INCORPORATING A HOMEOWNER BILL OF RIGHTS (HBOR) AND A SERVICER’S DUTY OF LOSS MITIGATION

09 November 2015

“TO BORROW, TO BORROW . . . SHOULD NOT CAUSE SUCH SORROW”: WHY NEW JERSEY SHOULD ENACT LEGISLATION INCORPORATING A HOMEOWNER BILL OF RIGHTS (HBOR) AND A SERVICER’S DUTY OF LOSS MITIGATION Cheryl Aptowitzer, Esq.* Foreclosures blight neighborhoods, put financial pressure on families and drive down local real estate values, and consumers, made more cautious […]

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U.S. Trustee Program Reaches $81.6 Million Settlement with Wells Fargo Bank N.A. to Protect Homeowners in Bankruptcy

U.S. Trustee Program Reaches $81.6 Million Settlement with Wells Fargo Bank N.A. to Protect Homeowners in Bankruptcy

08 November 2015

Department of Justice Office of Public Affairs . FOR IMMEDIATE RELEASE Thursday, November 5, 2015 . U.S. Trustee Program Reaches $81.6 Million Settlement with Wells Fargo Bank N.A. to Protect Homeowners in Bankruptcy Settlement Addresses the Bank’s Errors Affecting Nearly 68,000 Accounts of Homeowners in Bankruptcy The Department of Justice’s U.S. Trustee Program has entered […]

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The Foreclosure Hour: What Every Homeowner Needs To Know About Surviving In Foreclosure Court

The Foreclosure Hour: What Every Homeowner Needs To Know About Surviving In Foreclosure Court

08 November 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 – November 8, 2015 What Every Homeowner Needs To Know About Surviving In Foreclosure Court   […]

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JELIC vs BAC HOME LOANS SERVICING, LP | FL 4DCA – The assignment of a mortgage cannot serve as evidence that the note was also transferred, even though a transfer of the note usually will serve as a transfer of the mortgage

JELIC vs BAC HOME LOANS SERVICING, LP | FL 4DCA – The assignment of a mortgage cannot serve as evidence that the note was also transferred, even though a transfer of the note usually will serve as a transfer of the mortgage

05 November 2015

DISTRICT COURT OF APPEAL OF THE STATE OF FLORIDA FOURTH DISTRICT DIANA JELIC, Appellant, v. BAC HOME LOANS SERVICING, LP, f/k/a COUNTRYWIDE HOME LOANS SERVICING, L.P., Appellee. No. 4D14-516 [November 4, 2015] Appeal from the Circuit Court for the Fifteenth Judicial Circuit, Palm Beach County; Richard L. Oftedal, Judge; L.T. Case No. 2009CA017255XXXXMB. Peter Ticktin, […]

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US BANK, NA v. KOSTERMAN, Ill: Appellate Court | Here, defendants interposed two separate defenses in their answer: one was lack of standing and the other was lack of capacity to sue

US BANK, NA v. KOSTERMAN, Ill: Appellate Court | Here, defendants interposed two separate defenses in their answer: one was lack of standing and the other was lack of capacity to sue

05 November 2015

  U.S. BANK, N.A., as Trustee for Bank of America Funding Corporation 2007-2 Trust, Plaintiff-Appellee, v. MATTHEW KOSTERMAN and AMY KOSTERMAN, Defendants-Appellants. No. 1-13-3627.Appellate Court of Illinois, First District, Second Division.Filed August 18, 2015.Lucia Nale, Michelle V. Dohra, and Charles M. Woodworth, all of Mayer Brown LLP, of Chicago, for appellants. Sandra M. Emerson, Matthew […]

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Ex-Federal Reserve worker admits to leaking secrets to Goldman Sachs

Ex-Federal Reserve worker admits to leaking secrets to Goldman Sachs

05 November 2015

NY POST- An ex-employee of the Federal Reserve Bank of New York pleaded guilty in Manhattan federal court on Wednesday to passing off secret government documents to Goldman Sachs. Jason Gross, 37, admitted to a misdemeanor charge of theft of government property for passing along regulatory documents from the New York Fed to his friend […]

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U.S. Supreme Court oral argument in Spokeo, Inc. v. Robins

U.S. Supreme Court oral argument in Spokeo, Inc. v. Robins

04 November 2015

H/T Gary Dubin This pending USSC decision could conceivably add a new dimension to “constitutional standing” in foreclosure cases were a federal consumer statute is involved.  Gary Lexology- This morning the U.S. Supreme Court heard oral arguments in Spokeo, Inc. v. Robins, No. 13-1339. As our loyal blog readers know, this is a case that […]

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Kuehlman vs Bank of America | FL 5DCA – Court’s legal determination of whether he entered into a valid modification of his mortgage

Kuehlman vs Bank of America | FL 5DCA – Court’s legal determination of whether he entered into a valid modification of his mortgage

04 November 2015

IN THE DISTRICT COURT OF APPEAL OF THE STATE OF FLORIDA FIFTH DISTRICT NOT FINAL UNTIL TIME EXPIRES TO FILE MOTION FOR REHEARING AND DISPOSITION THEREOF IF FILED WILLIAM VON KUEHLMAN, Appellant, v. Case No. 5D14-2131 BANK OF AMERICA, N.A., ETC., Appellee. ________________________________/ Opinion filed October 30, 2015 Appeal from the Circuit Court for Citrus […]

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The Uneven Housing Recovery | Center for American Progress, Michela Zonta and Sarah Edelman | November 2, 2015

The Uneven Housing Recovery | Center for American Progress, Michela Zonta and Sarah Edelman | November 2, 2015

03 November 2015

Introduction and summary The Great Recession, which began with the collapse of U.S. home prices in 2007, resulted in an enormous number of households with negative equity. Housing prices dropped nationally by 35 percent during the collapse. As home values fell, the mortgage debt obligations of millions of American homeowners remained fixed, leading to an […]

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Ensler v. Aurora Loan Services, LLC | FL 4DCA – Fay Janati Nationstar’s Robo-Witness, Business Records, Paragraph 22

Ensler v. Aurora Loan Services, LLC | FL 4DCA – Fay Janati Nationstar’s Robo-Witness, Business Records, Paragraph 22

02 November 2015

DISTRICT COURT OF APPEAL OF THE STATE OF FLORIDA FOURTH DISTRICT KIMBERLY A. ENSLER, Appellant, v. AURORA LOAN SERVICES, LLC, Appellee. No. 4D14-351 [October 28, 2015] Appeal from the Circuit Court for the Fifteenth Judicial Circuit, Palm Beach County; Roger B. Colton, Senior Judge; L.T. Case No. 2008CA018626XXXXMB. Donna Greenspan Solomon of Solomon Appeals, Mediation […]

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