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Future of foreclosures in N.J. hinges on state Supreme Court decision | US Bank N.A. v. Guillaume

Future of foreclosures in N.J. hinges on state Supreme Court decision | US Bank N.A. v. Guillaume


I disagree with the judge’s motion words below and see video below as to why even attorney’s have a difficult time.

“I have a lot of problems with saying that all that’s going, with all this evidence of [c]ourt process for over a year, to just rely on trying to negotiate something with the bank was like sticking your head in the sand.

This wasn’t going to go away and they
didn’t get any assurance from the bank that
they were succeeding in their negotiation
efforts or that an answer to the complaint
was not required. I mean they just focused
on one path. And they ignored the
negotiation path and they ignored the
litigation side of things. You can’t do
that.

And I have to say that . . . Mrs.
Guillaume was being so aggressive and so
persistent in trying to negotiate and going
to all these different places to get help,
but the one place she wasn’t going was a
member of the bar, a lawyer which is usually
what you do when you get [c]ourt papers.

Or if you absolutely can’t afford a
lawyer and that’s the case of many
foreclosures, a very heavy self-represented
area of the law to at least contact the
[c]ourt yourself and you send in some
rudimentary answer. And it doesn’t have to
be fancy. I mean you write a letter to the
foreclosure unit, they’ll stamp contested on
it.

Because I’ve seen so many of them long
hand. But nothing was done. And I don’t
regard that as excusable neglect. So that
prong is lacking.”  

(emphasis added).

Simply wrong, one does NOT understand how frustrating it is to even try to get anyone from the “bank” on the phone, attempting a modification as we have read time and time again were nothing but DISASTROUS and GOING ABSOLUTELY NO PLACE!

[Please watch Michigan Atty Vanessa Fluker and you’ll understand why].

Lets not forget, this reversal that goes to the heart of this from out of New Jersey: BANK OF NEW YORK vs. LAKS | NJ Appeals Court Reversal “A notice of intention is deficient…if it does not provide the name and address of the lender”

NJ.COM-

In the nearly five months since the state Supreme Court effectively allowed six of the country’s biggest banks to begin filing foreclosures again, attorneys and court officials have been expecting a flood of new filings to hit the courts.

Except it hasn’t happened. Foreclosure filings are down 83 percent as of October this year, compared with the same time period last year, according to court figures, and there are at least 100,000 cases either pending in the system or waiting to be submitted.

Attorneys involved in the work in New Jersey point to at least one reason for the significant delay: a court case that has reached the state Supreme Court, with oral arguments on Wednesday.

The case, US Bank National Association v. Guillaume, is important because the court …

[NJ.COM]

[ipaper docId=74692087 access_key=key-1xrvd0kemha1r7mycu2h height=600 width=600 /]

 

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



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Legal issues slow foreclosures in New Jersey

Legal issues slow foreclosures in New Jersey


I think this is the case in every state and all will agree


North Jersey-

In a small Bergen County courtroom one recent Friday, a sheriff’s officer auctioned off two foreclosed properties in a matter of minutes, as a handful of investors kept their eyes open for bargains.

It was a far cry from the typical sheriff’s auction of mid-2010, when 15 or more properties were auctioned weekly and up to 100 investors crowded the courthouse’s large jury room.

[…]

The reason: an August appellate court decision, Bank of New York v. Laks, according to Kevin Wolfe, head of the state’s Office of Foreclosure. In that case, the court dismissed a foreclosure, finding the lender violated the state Fair Foreclosure Act because it didn’t properly identify itself in a notice sent to the troubled homeowners.

[NORTH JERSEY]

[ipaper docId=61908065 access_key=key-1zd2neascm8dxsn37rbr height=600 width=600 /]

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



Posted in STOP FORECLOSURE FRAUDComments (0)

BANK OF NEW YORK vs. LAKS | NJ Appeals Court Reversal “A notice of intention is deficient…if it does not provide the name and address of the lender”

BANK OF NEW YORK vs. LAKS | NJ Appeals Court Reversal “A notice of intention is deficient…if it does not provide the name and address of the lender”


NOT FOR PUBLICATION WITHOUT THE
APPROVAL OF THE APPELLATE DIVISION
SUPERIOR COURT OF NEW JERSEY
APPELLATE DIVISION

DOCKET NO. A-4221-09T3

BANK OF NEW YORK AS TRUSTEE FOR
THE CERTIFICATE HOLDERS CWALT
2004 26T1,
Plaintiff-Respondent,

v.

SARAH G. LAKS and EDWARD
EINHORN, her husband,
Defendants-Appellants,
and
PNC BANK, NATIONAL ASSOCIATION,
Defendant.
___________________________________
Submitted May 23, 2011 – Decided August 8, 2011

EXCERPTS:

The defendants in an action to foreclose a residential mortgage appeal from the denial of their motion to vacate the judgment of foreclosure and dismiss the complaint without prejudice. We reverse and remand for entry of an order granting that relief.

[…]

Laks missed her May 2008 payment on the note and every monthly payment thereafter. On August 13, Countrywide Home Loans,3 plaintiff’s loan servicer, sent a notice of intention to foreclose to Laks by certified mail, return receipt requested. The notice of intention recited that Countrywide was acting on behalf of the owner of Laks’s promissory note, without identifying the owner. The notice of intention also warned that if Laks did not pay $21,279.64 to Countrywide within 30 days, then Laks’s noteholder, again not identified, would institute foreclosure proceedings against her. The notice concluded by advising Laks that if she did not agree that default had occurred or if she disputed the amount required to cure her default, she could contact Countrywide at an address and telephone number stated in the notice. Nowhere on the notice was Laks informed that plaintiff was the owner of her promissory note nor was she given plaintiff’s address. Three days before the foreclosure complaint was filed, MERS assigned Laks and Einhorn’s mortgage to plaintiff.

[…]

Thus, compliance with this notice provision is, in effect, a condition the lender must satisfy in order to either “accelerate the maturity of any residential mortgage obligation” or “commence any foreclosure or other legal action to take possession of the residential property which is the subject of the mortgage.” N.J.S.A. 2A:50-56(a). In fact, with narrow exceptions inapplicable here, “[c]ompliance with [N.J.S.A. 2A:50-56] shall be set forth in the pleadings of any legal action” to foreclose a residential mortgage. N.J.S.A. 2A:50- 56(f). The notice of intention must include specific information “state[d] in a manner calculated to make the debtor aware of the situation[.]” N.J.S.A. 2A:50-56(c).5 The information the Legislature has deemed essential to the Act’s purpose includes:

“the particular obligation or real estate security interest”; “the nature of the default claimed”; the debtor’s right to cure the default; what the debtor must do to cure; and the date by which it must be done to avoid the filing of a foreclosure complaint. N.J.S.A. 2A:50-56(c)(1)-(5). The notice also must advise the debtor of the consequences of a failure to cure —specifically, that the lender may take steps to terminate the debtor’s ownership of the property by filing a foreclosure action and that the debtor will be required to pay the lender’s court costs and counsel fees if the debtor does not cure.
N.J.S.A. 2A:50-56(c)(6)-(7). In addition to the foregoing information about rights, responsibilities and consequences, the Legislature has determined that the notice of intention must include three items of information that are best characterized as helpful to a debtor interested in curing default. The first two are advice to seek counsel from an attorney — including references to the New Jersey Bar Association, Lawyer Referral Service and Legal Services — and a list of programs providing assistance for those seeking to cure default. N.J.S.A. 2A:50-56(c)(9)-(10). The third, and the one critical in this case, is “the name and address of the lender and the telephone number of a representative of the lender whom the debtor may contact if the 9 A-4221-09T3 debtor disagrees with the lender’s assertion that a default has occurred or the correctness of the mortgage lender’s calculation of the amount required to cure default.” N.J.S.A. 2A:50- 56(c)(11).

There is no question that the notice of intention mailed to Laks did not provide the name or address of the lender as required by subsection (c)(11). The notice of intention named no entity other than the mortgage servicer, Countrywide.

[…]

[ipaper docId=61908065 access_key=key-1zd2neascm8dxsn37rbr height=600 width=600 /]

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PASSED Texas HB 213 requiring new disclosure requirements for mortgage servicing

PASSED Texas HB 213 requiring new disclosure requirements for mortgage servicing


The Texas House of Representatives passed a bill that requires new disclosure requirements for mortgage servicing:

By: Rodriguez, Keffer, et al. H.B. No. 213
A BILL TO BE ENTITLED
AN ACT
relating to the duties of a mortgage servicer of certain
residential mortgage loans.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1.  Title 5, Finance Code, is amended by adding
Chapter 397 to read as follows:
CHAPTER 397. RESIDENTIAL MORTGAGE SERVICERS
SUBCHAPTER A. GENERAL PROVISIONS
Sec. 397.001. DEFINITION. In this chapter, “mortgagee” and
mortgage servicer” have the meanings assigned by Section 51.0001,
Property Code.
Sec. 397.002. APPLICABILITY. This chapter applies only to
a loan secured by a first lien on residential real property that:
(1) is not a federally related mortgage loan, as
defined by 12 U.S.C. Section 2602; and
(2) is serviced by a mortgage servicer other than the
mortgagee of the loan.
[Sections 397.003-397.050 reserved for expansion]
SUBCHAPTER B. DEBTOR REQUESTS FOR INFORMATION
Sec. 397.051. RECORDKEEPING. A mortgage servicer shall
maintain written or electronic records of each written request for
information regarding a dispute or error involving the debtor’s
account until the loan is paid in full, otherwise satisfied, or
sold.
Sec. 397.052. PROVISION OF GENERAL INFORMATION ON REQUEST.
(a) A mortgage servicer shall provide the following to a debtor in
response to a debtor’s written request:
(1) a copy of the original note or, if the original
note is unavailable, an affidavit of lost note; and
(2)  a statement that:
(A) identifies and itemizes all fees and charges
assessed under the loan transaction and provides a full payment
history identifying in a clear and conspicuous manner all of the
debits, credits, application of and disbursement of all payments
received from or for the benefit of the debtor, and other activity
on the loan, including any escrow or suspense account activity; and
(B) covers the two years preceding the receipt of
the request or the period for which the servicer has serviced the
loan, whichever is shorter.
(b) If the mortgage servicer claims that delinquent or
outstanding sums were owed on the loan before the two-year period
preceding the receipt of the request under Subsection (a) or before
the servicer began servicing the loan, whichever is shorter, the
servicer shall provide an account history beginning with the
earliest month for which the servicer claims outstanding sums were
owed on the loan and ending on the date of the request for
information. For purposes of this subsection, the date of the
request for information is presumed to be not later than the 30th
day before the date the servicer receives the request.
(c) A mortgage servicer must provide a statement under
Subsection (a) on or before the 25th business day after the date the
servicer receives a written request from the debtor that:
(1) includes or otherwise enables the servicer to
identify the name and account of the debtor; and
(2) includes a statement that the account is or may be
in error or otherwise provides sufficient detail to the servicer
regarding information sought by the debtor.
Sec. 397.053. PROVISION OF INFORMATION REGARDING DISPUTE OR
ERROR. (a) A mortgage servicer shall provide a written statement
to a debtor in response to a debtor’s written request for
information regarding a dispute or error involving the debtor’s
account that includes the following information, if requested:
(1) whether the account is current and an explanation
of any default and the date the account went into default;
(2) the current balance due on the loan, including the
principal due, the amount of any funds held in a suspense account,
the amount of any escrow balance known to the servicer, and whether
there are any escrow deficiencies or shortages known to the
servicer;
(3) the identity, address, and other relevant
information about the current holder, owner, or assignee of the
loan; and
(4) the telephone number and mailing address of a
servicer representative with the information and authority to
answer questions and resolve disputes.
(b) A mortgage servicer must provide a statement under
Subsection (a) on or before the 10th day after the date the servicer
receives a written request from the debtor that:
(1) includes or otherwise enables the servicer to
identify the name and account of the debtor; and
(2) includes a statement that the account is or may be
in error or otherwise provides sufficient detail to the servicer
regarding information sought by the debtor.
[Sections 397.054-397.100 reserved for expansion]
SUBCHAPTER C. REMEDIES
Sec. 397.101. ENFORCEMENT GENERALLY. The Department of
Savings and Mortgage Lending, the attorney general, or any party to
a loan to which this chapter applies may enforce this chapter.
Sec. 397.102. ACTION BY DEBTOR. In addition to any other
legal and equitable remedy available, a debtor injured by a
violation of this chapter may bring an action for recovery of actual
damages, including reasonable attorney’s fees.
SECTION 2.  This Act takes effect September 1, 2011.
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Washington State Attorney General McKenna Letter To Trustees RE: Potential Unlawful Foreclosure Practices

Washington State Attorney General McKenna Letter To Trustees RE: Potential Unlawful Foreclosure Practices


A homeowner who is unable to find a local address or phone number for their trustee should file a complaint with the Attorney General’s Office online at http://atg.wa.gov/FileAComplaint.aspx. However, this will not stop a foreclosure sale.  Homeowners should also contact a housing counselor or an attorney.

Washington is a “non-judicial foreclosure” state, which means that a lender can proceed directly to selling a home at public auction without first filing a lawsuit. This process was created by the state Legislature. Although lenders may foreclose in court in Washington, they almost always choose non-judicial foreclosures.

If a trustee is unwilling to stop a foreclosure, then the homeowner must file a lawsuit under the Deed of Trust Act and obtain a court order before the sale. Bankruptcy may stop or delay a foreclosure but it may also put the homeowner in a worse position. Legal representation is essential to a successful case, McKenna said.

BORROWER RESOURCES:

  • If you believe unlawful activity has occurred in regard to your mortgage, you should speak with an attorney. A homeowner may file a suit to challenge a foreclosure, but they must do so prior to the foreclosure sale.
  • If you are unable to afford a lawyer, you should contact the Washington State Homeownership Information Hotline at 1-877-894-4663 (HOME) for referral to the Home Foreclosure Legal Aid Project. The hotline can also refer to you to a free, state-approved housing counselor.
  • Te Attorney General’s Office cannot stop a foreclosure or provide individuals with legal advice, as the office is barred by law from representing private citizens.
  • Homeowners should read the Washington Foreclosure Prevention Resources Guide, provided by the Seattle-King County Asset Building Collaborative Foreclosure Prevention Team and recommended by the Attorney General’s Office and the Washington State Department of Financial Institutions.
  • Additional resources can be found at www.atg.wa.gov/foreclosure.aspx.

Source: http://atg.wa.gov

[ipaper docId=52463517 access_key=key-28tozjml9i4fdsxkmvj8 height=600 width=600 /]

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



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LENDER PROCESSING SERVICES (LPS) BUYING UP HOMES AT AUCTIONS? Take a look to see if this address is on your documents!

LENDER PROCESSING SERVICES (LPS) BUYING UP HOMES AT AUCTIONS? Take a look to see if this address is on your documents!


Lender Processing Svc
(651) 234-3500
1270 Northland Dr Ste 200
Mendota Heights, MN 55120

Take a good look at the Buyer and the address in the document below. I investigated a little more and found multiple addresses below in forums and placed them here for you to see.

If you take a look at the Buyer in this Title the “Certificate Of Title” was issued under IndyMac Federal Bank…HUH? IndyMac FB does not exist…This seriously needs to be investigated! How are these being sold under failed banks?? Where does the money go after the auction and from the new sale?

Everyone needs to look at their documentation and look carefully for this address. If you have them under this address please forward them to StopForeclosureFraud@gmail.com.

OTHERS LISTED WITH 1270 Northland Dr. Ste 200 Mendota Heights, MN 55120

Fidelity National Foreclosure Solutions 1270 Northland Drive Suite 200.Mendota HeightsMN 55120 · (651)234-3500

Foreclosure & Bankruptcy Services1270 Northland Drive, Suite 200, Telephone, (651) 234-3500. Mendota HeightsMN 55120, Fax, (651) 234-3600 

http://www.tampagov.net/CEBAgendas/20071001.pdf

WELLS FARGO BANK NA TRUSTEE
1270 NORTHLAND DR SUITE 200
MENDOTA HEIGHTS, MN 55120
INSPECTOR: Eddie Prieto  274-5545

DEUTSCHE BANK NATIONAL TRUST
1270 NORTHLAND DR STE 200
MENDOTA HEIGHTS, MN 55120
INSPECTOR: RANDEL SMITH 274-5545

http://www.newspapernotice.com/details.aspx?id=1889632
Current Beneficiary: MERS as nominee for Aegis Mortgage Corp Care of / Servicer Aegis Mortgage Corp/Fidelity C/O Fidelity National Foreclosure Solutions 1270 Northland Drive. Suite 200 Mendota Heights, MN 55120

http://www.geodetix.com/ftp/APPRAISAL_INFO_SAMPLE.TXT
BANK ONE NATIONAL ASSN TRUSTEE
1270 NORTHLAND DR STE 200
MENDOTA HEIGHTS MN 55120

http://ao.lackawannacounty.org/details.php?mapno=14204010007

DEUTSCHE BANK NATL TRUST CO
1270 NORTHLAND DR SUITE 200
MENDOTA HEIGHTS, MN 55120

http://www.stpete.org/pdf/vacantandboarded.pdf
WELLS FARGO BANK NA  TRE
1270 NORTHLAND DR STE 200
MENDOTA HEIGHTS                MN
551201176

LONG BEACH MTG LOAN TRUST
1270 NORTHLAND DR STE 20
MENDOTA HEIGHTS                MN
551201156

DEUTSCHE BANK NATL TRUST CO  T
1270 NORTHLAND DR STE 200
MENDOTA HEIGHTS                MN
551201176

http://www.alsb.uscourts.gov/credclaim.pdf
HomEq Servicing Corp.
1270 Northland Dr., #200
Mendota MN
55120-

IndyMac Bank-FSB;The Leader
Mortgage Co.
1270 Northland Drive, Suite 200
Mendota Heights
MN
55120-

Saxon Mortgage; Homecomings
Financial
1270 Northland Dr., #200
Mendota Heights
MN
55120-

http://madison-co.com/elected_offices/tax_assessor/display_parcel.php?pn=082I-29%20-007/02.29&street_name=v
FEDERAL NATIONAL MORTGAGE ASSOC
1270 NORTHLAND DR STE 200
MENDOTA HEIGHTS
MN 55120

http://gis.meridian.mi.us/assessing/details_process.asp?IDValue=33-02-02-06-378-004

JP MORGAN CHASE BANK
1270 NORTHLAND DR STE 200
MENDOTA HEIGHTS
MN  55120http://www.co.bibb.ga.us/TaxBills/NFBill.asp?id=346133

BANK ON E AS TRUSTEE

1270 NORTHLAND DR STE 200
MENDOTA HEIGHTS MN 55120-

http://www2.county.allegheny.pa.us/RealEstate/General.asp?CurrBloLot=0079B00251000000&SearchBloLot=0079B00251000000&SingleResult=True
JP MORGAN CHASE BANK (TRUSTEE)
1270 NORTHLAND DR SUITE 200
SAINT PAUL, MN 55120

http://www.lehighcounty.org/Assessment/puba.cfm?doc=HeroesGrant_form.cfm&pin=640703621999&parnum=1
WELLS FARGO BANK NA
1270 NORTHLAND DR STE 200
MENDOTA HEIGHTS MN, 55120

Contact Matrix and Team Breakdown of FIS Foreclosure Solutions, Inc.
operations for the month of December 2007

Select Portfolio Servicing Inc.
1270 Northland Drive, Ste. 200
Mendota Heights, MN 55120

http://www.dailycourt.com/bankruptcy.php/3:05-bk-39314/
Case #3:2005-bk-39314
Select Portfolio Servicing, Inc.
1270 Northland Drive, Suite 200
Mendota Heights, MN 55120

RELATED STORY:

ARE FORECLOSURE MILLS Coercing Buyers for BANK OWNED homes? ARE ALL THE MILLS?

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Posted in auction, concealment, conspiracy, foreclosure, foreclosure fraud, foreclosure mills, foreclosures, Lender Processing Services Inc., LPS, Real EstateComments (8)


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