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Tag Archive | "Nationstar Mortgage"

Foreclosure attorney David J. Stern sidesteps Fannie arbitration, GSE alleges

Foreclosure attorney David J. Stern sidesteps Fannie arbitration, GSE alleges


Housing Wire-

Fannie Mae — not the courts — should decide what, if anything, is owed to former foreclosure attorney David J. Stern, the government-sponsored enterprise alleges in court filings.

The Law Offices of David J. Stern filed more than 25 lawsuits against servicers in recent months alleging they owe the law firm more than $34 million in unpaid invoices. On Monday, it filed its latest case, a suit against Lender Processing Services (LPS: 28.36 -0.39%), a firm that provides mortgage processing and technology services.


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Another OH Appeals Court Dismissal For Lack of Final Appealable Order NATIONSTAR v. FISHER

Another OH Appeals Court Dismissal For Lack of Final Appealable Order NATIONSTAR v. FISHER


Are we seeing a pattern here?

Excerpt:

This case before the court sua sponte. It has come to the court’s attention that the order from which this appeal is taken is not final and appealable, On March 10, 2011, the Erie County Court of Common Pleas dismissed plaintiff’s complaint without prejudice for failure to allege it was both the owner and holder of the subject note.

Continue reading…

[ipaper docId=53662974 access_key=key-1w3nxnejox2d3s4ap8n8 height=600 width=600 /]

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Keller Rohrback L.L.P. Announces Investigation of Bank of America Corp. and JPMorgan Chase & Co. Regarding Force-Placed Insurance

Keller Rohrback L.L.P. Announces Investigation of Bank of America Corp. and JPMorgan Chase & Co. Regarding Force-Placed Insurance


Keller Rohrback’s investigation focuses on alleged abuses by Bank of America and JPMorgan Chase, among others, such as: failing to pay for hazard insurance out of the borrower’s escrow funds, charging homeowners for unnecessary insurance, backdating policies providing coverage retroactively, utilizing their own subsidiaries to provide the hazard insurance, and purchasing policies from companies who share fees or profits with the servicers—often without disclosing this information to the borrower. Keller Rohrback is also investigating the force-placed insurance practices of the following mortgage loan servicers:

Aurora Loan Services IndyMac Mortgage Services
Downey Savings & Loan Litton Loan Servicing LP
EMC Mortgage Corp. Nationstar Mortgage LLC
Financial Freedom PennyMac
GMAC Mortgage, Inc. Saxon
HSBC SunTrust Mortgage, Inc.

Source: Keller Rohrback L.L.P.

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Freddie Mac sued by attorney David Stern over $1.3 million

Freddie Mac sued by attorney David Stern over $1.3 million


According to DBR:

The Federal Home Loan Mortgage Corp. was sued by Florida attorney David Stern, who claims he is owed $1.3 million for legal services, according to a complaint filed today.

The government-run mortgage company breached its contract with Stern’s law firm by failing to pay, according to the complaint filed in federal court in Miami.

Recap of previous stunners [links]:

David Stern Sues Lenders That Once Hired Him

FORECLOSURE MILLS: SHAPIRO & FISHMAN V. LAW OFFICES OF DAVID J. STERN

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David Stern Sues Lenders That Once Hired Him

David Stern Sues Lenders That Once Hired Him


According to South Florida Business Journal:

The lenders are GMAC Mortgage LLC, U.S. Bank, MetLife Bank, Space Coast Credit Union, Chase Home Finance LLC, Ocwen Loan Servicing, Nationstar Mortgage LLC and PNC Bank.

This doesn’t add up because there are others missing. As soon as the rest of the parties such as Wells Fargo, Bank of America, Aurora, Fannie and Freddie come up (if they do) in a lawsuit, we’ll get to see a bit more of what is really going on.

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OHIO Judge Dismisses Cases For Failure To Allege Plaintiff Is Owner AND Holder Of Note

OHIO Judge Dismisses Cases For Failure To Allege Plaintiff Is Owner AND Holder Of Note


Excerpt:

This matter comes before the Court on Defendant’s Motion to Dismiss based on Plaintiff’s failure to allege in it’s complaint that is is the owner and holder of the subject note…

Continue below…

[ipaper docId=50254939 access_key=key-281caxl7xem2dfmbdo2e height=600 width=600 /]

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MIND-BLOWING!! NY JUDGE DENIES 127 FORECLOSURES PURSUANT TO ADMINISTRATIVE ORDERS FROM CHIEF JUDGE, ROBO SIGNING

MIND-BLOWING!! NY JUDGE DENIES 127 FORECLOSURES PURSUANT TO ADMINISTRATIVE ORDERS FROM CHIEF JUDGE, ROBO SIGNING


JUDGE COHALAN IS JUDGE OF THE WEEK!!!

“Issues”…Nah no “issues”? If this isn’t sending us a message or 127 messages that there aren’t any “issues”… Let them continue to submit exactly what they were filing before the *New Rule*… don’t stop now! Believe me there is more than these!

EXCERPT:

Pursuant to an Administrative Order of the Chief Judge, dated October 20, 2010, all residential mortgage foreclosure actions require an affirmation from the attorney representing the plaintiff/lender/bank, as stated in the affirmation attached to this order, that he/she has inspected all documents.

The plaintiff is also directed on any future application to provide a copy of this Court’s order, the prior application/motion papers and an updated affidavit of regularity/merit from the plaintiff/lender/bank’s representative that he/she has reviewed the file in this case and that he/she documents that all paperwork is correct. The plaintiff/lender/bank’s representative shall also provide in said affidavit of regularity her/his position, length of service, training, educational background and a listing of the documents and financial records reviewed substantiating the review of the amounts owed. The affidavit should also include that she/he has personally reviewed both the mortgage and the note and any assignments for accuracy.

The plaintiff bears the burden of proof in a summary judgment proceeding and judgment will only be awarded when all doubt is removed as to the existence of any triable issue of fact. Under the present circumstances, where there have been numerous instances alleged as to “robo” signing of documents and a failure to attest to the accuracy of documents in mortgage foreclosure proceedings, the plaintiff must prove its entitlement to foreclose on a mortgage as a matter of law by establishing the regularity and accuracy of the financial documentary evidence submitted and the Court will be scrutinizing all documents for accuracy.

The foregoing constitutes the decision of the Court.

SEE ALL 127  Below…


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Virginia resident gets foreclosure notice on Port St. Lucie home she sold in 1994

Virginia resident gets foreclosure notice on Port St. Lucie home she sold in 1994


By Nadia Vanderhoof
TCPalm
Posted December 3, 2010 at 11:46 a.m.

PORT ST. LUCIE — About 10 p.m. the Saturday after Thanksgiving, Cathy Hammers abruptly was woken up by a continuous loud banging on the front door of her Virginia home.

With two kids in college and a third touring the country in a rock band, she thought law enforcement was at her door with bad news of a possible car accident involving a family member.

Instead, Hammers was served foreclosure papers by Texas-based Nationstar Mortgage and the Fort Lauderdale law firm of Marshall Watson on a Port St. Lucie home Hammers and her parents sold in 1994 — a property she hasn’t owned or seen in 15 years.

“He was ringing the door bell, banging real hard on the door … the dogs were going crazy,” Hammer said. “When I asked him who he was. He asked me if I was Cathy and told me I was being served foreclosure papers. He said he was a process server with ASAP Legal Services and then just took off.”

According to court documents filed in St. Lucie County, a quit claim deed and satisfaction of mortgage were filed by Hammers and her parents on the home at 2291 S.W. Susset Lane in 1994.

Treasure Coast legal experts say Hammers’ case could be one of the most unusual to occur within the 19th Judicial Circuit, which encompasses Martin, St. Lucie, Indian River and Okeechobee counties.

“When I talked to Marshall Watson, Sonya in their litigation department, and asked why I was being served foreclosure papers on a mortgage I did not sign, on a property I haven’t lived in for almost 20 years, she got snippety with me and asked if I had an attorney. Why would I need an attorney when they’ve made the mistake?” Hammers said.

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GARY DUBIN LAW OFFICES FORECLOSURE DEFENSE HAWAII and CALIFORNIA
Kenneth Eric Trent, www.ForeclosureDestroyer.com

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