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Tag Archive | "abandoned"

Sen. Sherrod Brown calls for end to free pass for banks that abandon foreclosed homes

Sen. Sherrod Brown calls for end to free pass for banks that abandon foreclosed homes


NewsNet5-

U.S. Sen. Sherrod Brown said Tuesday that guidelines released from a bureau of the U.S. Treasury Department  amount to a free pass for banks that abandon foreclosed homes. 

Brown called for tougher standards to prevent evictions of Ohio families and neighborhood blight.  

“Too many Wall Street banks are walking away from too many Ohio Main Street communities,” said Brown. “And when they do, they leave behind homes that are often vandalized and left to crumble. Ohioans are seeing their property values plummet as abandoned homes on their block or in their neighborhood are left to decay or stripped of anything of value. Meanwhile, cities and counties are left footing the bill for what the banks’ irresponsibility.”

Read more: http://www.newsnet5.com/dpp/news/local_news/better_neighborhoods/senator-sherrod-brown-calls-for-end-to-free-pass-for-banks-that-abandon-foreclosed-homes#ixzz1iS4CBlFO

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There Goes the Neighborhood – 60 Minutes

There Goes the Neighborhood – 60 Minutes


Bank foreclosures and abandonment are causing high home vacancy levels in neighborhoods across the country. Scott Pelley travels to Cleveland, a city that’s fighting back against blight.

© 2010-15 FORECLOSURE FRAUD | by DinSFLA. All rights reserved.



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U.S. Bank N.A.. v Solorin | NYSC Dismisses Complaint “Abandoned, Steven J. Baum PC Plaintiff Attorney Affirmation”

U.S. Bank N.A.. v Solorin | NYSC Dismisses Complaint “Abandoned, Steven J. Baum PC Plaintiff Attorney Affirmation”


Decided on November 10, 2011

Supreme Court, Queens County

 

U.S. Bank National Association, AS TRUSTEE FOR CSMC 2007-4, 3476 Stateview Boulevard, Ft. Mill, SC 29715, Plaintiff,

against

Ramon M. Solorin, ET.AL., Defendant.

5769/10
Attorney for Plaintiff:

Steven J. Baum, PC

900 Merchants Concourse, Ste. 116

Attorney for Defendant:

R. David Marquez, PC

50 Clinton Street, Ste. 98

Hempstead, New York 11550

Phyllis Orlikoff Flug, J.

The following papers numbered 1 to 4 read on this motion

Notice of Motion1 – 2

Affirmation in Opposition3 [*2]

Reply Affirmation4

Defendant, Ramon Solorin, moves to dismiss plaintiff’s Complaint as asserted against him.

This is an action to foreclose a mortgage on the real property located at 23-11 99th Street, in the County of Queens, City and State of New York.

CPLR 3215[c] provide that “[i]f the plaintiff fails to take proceedings for the entry of judgment within one year after the default, the court shall not enter judgment but shall dismiss the complaint as abandoned . . . unless sufficient cause is shown why the complaint should not be dismissed.”

Plaintiff served the Summons and Complaint on defendant Solorin by substitute service on March 11, 2010. Defendant Solorin filed an answer on May 19, 2010. On May 27, 2010, plaintiff rejected defendant’s answer as untimely, stating that defendant’s time to answer had expired on April 25, 2010.

Although defendant has been in default since April 25, 2010, plaintiff has not yet moved for entry of a default judgment against him. While plaintiff moved on August 3, 2010, for an order appointing a receiver, plaintiff’s notice of motion did not contain any request for a default judgment (See Arriaga v. Michael Laub Co., 233 AD2d 244, 245 [1st Dept. 1996]). In any event, plaintiff voluntarily withdrew that motion on November 18, 2010.

Plaintiff contends that it has demonstrated sufficient cause as to why the complaint should not be dismissed. Specifically, plaintiff contends that its attempts to comply with Administrative Order 548/10 (as amended by AO 431/11) provides a reasonable excuse for its failure to comply with CPLR § 3215[c].

AO 548/10 went into effect on October 20. 2010 and requires that an attorney for plaintiff in a residential foreclosure action certify the accuracy of the papers filed in support of the action by submitting an affirmation from the attorney that he or she communicated with a representative of the plaintiff and was informed that the representative personally reviewed plaintiff’s documents and records relating to the case, reviewed the Summons and Complaint and all other papers filed in support of the foreclosure, and confirmed the accuracy of the court filings and the notarizations contained therein.

As AO 548/10 merely requires that attorneys certify that they have met a minimum standard of diligence, it does not provide plaintiff with a reasonable excuse for delaying approximately sixteen months before moving for default. Indeed, plaintiff’s papers indicate that [*3]they have still been unable to comply with AO 548/10, despite the fact that it had been in effect for nearly ten months at the time of the motion.

Accordingly, defendant’s motion to dismiss is granted, and Plaintiff’s Complaint is dismissed as asserted against him. The parties’ remaining contentions have been rendered moot.

November 10, 2011 ____________________

J.S.C.

[ipaper docId=72347351 access_key=key-21e8n9jf0kkvkx533wdc height=600 width=600 /]

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N.J. judge allows 4 major banks to resume uncontested foreclosure proceedings

N.J. judge allows 4 major banks to resume uncontested foreclosure proceedings


If New Jersey has no clue to what a third world country looks like… it better brace itself because neighborhoods are going to be eyesores. Just imagine who’s taking care of the nearly 20% of Florida homes that are vacant?

This country is being run down the ground. Then again all they have to do is bulldoze!

NJ-

A New Jersey judge has ruled that four major banks can resume uncontested foreclosure actions in the state under court monitoring.

Bank of America, Citibank, JP Morgan and Wells Fargo were among six large lenders targeted by New Jersey’s Supreme Court last December.

[NJ.com]

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Late On The Mortgage? Be Ready For A Lender’s Inspection

Late On The Mortgage? Be Ready For A Lender’s Inspection


you might want to know that some of these lender/servicer break-in cases that have been reported over the last two years involved homeowners who were current on their mortgages.

 

Bank Rate-

If you happen to see a contractor walking around your house, taking pictures, don’t panic. It’s just your lender “inspecting” your property.

According to new rules announced by Fannie Mae this week, mortgage servicers will be required to “order” a “property inspection” no later than 45 days after a homeowner misses a mortgage payment. “The servicer must continue to obtain property inspections every 30 days thereafter” until the delinquency is resolved.

© 2010-15 FORECLOSURE FRAUD | by DinSFLA. All rights reserved.



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In foreclosure? Can’t be found? More Twisted, Conflicts of Interest.

In foreclosure? Can’t be found? More Twisted, Conflicts of Interest.


As if it hasn’t been a conflict when MERS is the nominee for the plaintiff but is also named or is the mortgagee for the defendant…what a total state of confusion.

Oh wait there’s more, and who signs and notarizes these documents entered as evidence in most cases?

TBO.com

TAMPA – When a lender fails to find a homeowner to notify them of a foreclosure lawsuit, a judge often appoints a guardian ad item. That attorney is supposed to represent the property owner’s interests.

But guess who typically picks the guardian? The lender’s attorney.


© 2010-15 FORECLOSURE FRAUD | by DinSFLA. All rights reserved.



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Florida Fair Foreclosure Act, HB 1191 would waive rights of some delinquent home owners

Florida Fair Foreclosure Act, HB 1191 would waive rights of some delinquent home owners


From DBR’s Paola Iuspa-Abbott [link]

The law would create an “alternative foreclosure procedure” that lenders could impose on owners of non-homesteaded properties with values far below their mortgages or properties the lender deems to be abandoned.

Under the proposed procedure, delinquent owners would waive their rights to defend the foreclosure, allowing the lender to more quickly obtain a summary judgement to auction the property.

The owners would have 30 days from the date of the foreclosure filing to opt-out of the streamlined procedure. If they do object, the owner would have the right to fight the lender.

[ipaper docId=51932037 access_key=key-1a691ct7878jlfi40rtw height=600 width=600 /]

© 2010-15 FORECLOSURE FRAUD | by DinSFLA. All rights reserved.



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KNBC Segment on LA City Ordinance to Hold Banks Accountable for Abandoned Foreclosures

KNBC Segment on LA City Ordinance to Hold Banks Accountable for Abandoned Foreclosures


EVERY STATE SHOULD TAKE NOTICE!

I wonder what this will do to investor shares?? Did they read their prospectus? I hope they did!

Or… they can SCAM FHA Subprime buyers to take out a FHA 203K loan?

[youtube=http://www.youtube.com/watch?v=1YGgvZkLYYY]

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Foreclosure Crisis: New Center for Court Innovation paper reviews responses to mortgage fraud, foreclosure and abandoned property.

Foreclosure Crisis: New Center for Court Innovation paper reviews responses to mortgage fraud, foreclosure and abandoned property.


New Center for Court Innovation paper reviews responses to mortgage fraud, foreclosure and abandoned property.

[scribd id=30864597 key=key-93z6cuvsnz2j9njqwdi mode=list]

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