Rules | FORECLOSURE FRAUD | by DinSFLA

Tag Archive | "rules"

Action Alert – Facing foreclosure in Massachusetts? Please call your reps asap – the vote is 5/16/2012!

Action Alert – Facing foreclosure in Massachusetts? Please call your reps asap – the vote is 5/16/2012!


via: BOSTON67

Jamie Ranney, Esq. vs FRAUDclosures

There is a bill pending in the Massachusetts Legislature called H-04083 that is designed to provide more requirements that lenders work with  borrowers to provide real loan modifications before they can commence foreclosure and to hold lenders accountable where they unlawfully foreclose.  Unfortunately, the bill suffers from some substantial weaknesses which I have tried to remedy with edits and amendments.

The bill is scheduled to be voted on – THIS WEDNESDAY MAY 16, 2012 – so your immediately action is needed.

I would ask that you take the time to immediately contact your state representative and state senator, ask them to stand up for  the homeowners and borrowers of the commonwealth and request that they amend H-04083 to include these changes and amendments.  You can email the edits and comments directly to your state rep and state senator.

Their contact list can be found here: http://www.malegislature.gov/People/FindMyLegislator

Please email the following amendments and a memo explaining them:
Bill H-04083 edits    Memo RE H-04083 amendments and edits

© 2010-17 FORECLOSURE FRAUD | by DinSFLA. All rights reserved.



Posted in STOP FORECLOSURE FRAUDComments (0)

Proposed changes to the MERS® System Rules of Membership

Proposed changes to the MERS® System Rules of Membership


via- MERS

Set forth on Exhibit A are proposed changes to the MERS® System Rules of Membership (“Rules”).

These proposed changes are “technical” in nature in that there are no substantive changes to any of the Rules. The changes mainly clarify the distinction between Mortgage Electronic Registration Systems, Inc., and its service provider, MERSCORP, Inc. They also properly reference the MERS® System, where appropriate.

The proposed changes to the Rules are highlighted and underlined in Exhibit A [Below].

[ipaper docId=74344261 access_key=key-2oldis7h147wp3xoxvyk height=600 width=600 /]

 

© 2010-17 FORECLOSURE FRAUD | by DinSFLA. All rights reserved.



Posted in STOP FORECLOSURE FRAUDComments (0)

BULLETIN | Effective 7/22/2011 Certifying Officer must execute the assignment of the Security Instrument from MERS before initiating foreclosure proceedings

BULLETIN | Effective 7/22/2011 Certifying Officer must execute the assignment of the Security Instrument from MERS before initiating foreclosure proceedings


Not so sure this is really up to the MERSCORP and MERS directors to approve this because this involves certain laws and also involving trusts etc…? Exactly how long ago did these loans close? How about the now DEFUNCT lenders?

Since they made up their own Law, they can change the Law when ever they want?

Excerpts from the bulletin..

Changes and clarifications to Rule 8 of the Rules of Membership (“Rules”) have been approved by the MERSCORP and MERS Boards of Directors and are effective as of July 22, 2011.

Effective July 22, 2011:
• No foreclosure proceeding may be initiated, and no Proof of Claim or Motion for Relief from Stay (Legal Proceedings) in a bankruptcy may be filed, in the name of Mortgage Electronic Registration Systems, Inc. (MERS)
• The Certifying Officer must execute the assignment of the Security Instrument from MERS before initiating foreclosure proceedings or filing Legal Proceedings and promptly send the assignment of the Security Instrument for recording in the applicable public land records

[ipaper docId=60825267 access_key=key-2j55h78k4is0m55iy04q height=600 width=600 /]

© 2010-17 FORECLOSURE FRAUD | by DinSFLA. All rights reserved.



Posted in STOP FORECLOSURE FRAUDComments (3)

NJ RESIDENTIAL MORTGAGE FORECLOSURE RULES – AMENDMENTS TO RULES. 4:64-1 AND 4:64-2; REVISED FORM CERTIFICATIONS/ AFFIDAVITS

NJ RESIDENTIAL MORTGAGE FORECLOSURE RULES – AMENDMENTS TO RULES. 4:64-1 AND 4:64-2; REVISED FORM CERTIFICATIONS/ AFFIDAVITS


NOTICE TO THE BAR

NJ RESIDENTIAL MORTGAGE FORECLOSURE RULES – AMENDMENTS TO RULES.
4:64-1 AND 4:64-2; REVISED FORM CERTIFICATIONS/ AFFIDAVITS

[ipaper docId=57973225 access_key=key-15kct5f0vun9pigfxemy height=600 width=600 /]

© 2010-17 FORECLOSURE FRAUD | by DinSFLA. All rights reserved.



Posted in STOP FORECLOSURE FRAUDComments (2)

Madden sponsors legislation for protection on foreclosures

Madden sponsors legislation for protection on foreclosures


From ACK.net [link]

Working with island attorney Jamie Ranney, state Representative Tim Madden has sponsored a bill that would address a number of controversial issues surrounding contested foreclosures cases, including the valid recording of assignments of securitized loans, so-called “robo-signing” by lenders and their agents, and perceived abuses by Mortgage Electronic Registration System, or MERS.

© 2010-17 FORECLOSURE FRAUD | by DinSFLA. All rights reserved.



Posted in STOP FORECLOSURE FRAUDComments (0)

MA State Rep. Tim Madden’s House Bill No. HR 2766 Proposed Amendments and New Sections to Mortgage Laws

MA State Rep. Tim Madden’s House Bill No. HR 2766 Proposed Amendments and New Sections to Mortgage Laws


This is a very important bill to start cleaning up the mess created by the banks in the foreclosure crisis that is sweeping MA and the rest of the country.

Highlights include the elimination of MERS’s ability to “hide” transactions and avoid recording fees, defining what a mortgagee is in MA, requiring that all notary acknowledgements be completed in accordance with the requirements for notaries laid down by the Governor and others.

PLEASE forward this to as many people as you know that can contact their MA state Senator AND Rep. and send in written support for it.

Your support for HR2766 can be mailed (addresses below) or e-mailed to anthony.petruccelli@masenate.gov AND michael.costello@mahouse.gov.

Please CC your support to timothy.madden@mahouse.gov

It should be addressed to the Chairmen (please do not send any packages other than an envelope as it might get rejected):

Senator Anthony Petruccelli, Chairman

State House
Room 424
Boston, MA 02133

Representative Michael A. Costello, Chairman

State House
Room 254
Boston, MA 02133

Click For Summary of HR 2766

[ipaper docId=51613446 access_key=key-2mhf56chd9ua46klq8pp height=600 width=600 /]

© 2010-17 FORECLOSURE FRAUD | by DinSFLA. All rights reserved.



Posted in STOP FORECLOSURE FRAUDComments (2)

VALUABLE: The Florida Foreclosure Judge’s Bench Book

VALUABLE: The Florida Foreclosure Judge’s Bench Book


Source: Matt Weidner Blog

The Foreclosure Bench Book is a very valuable resource that every defense practitioner should be using as part of our efforts to assist the judiciary in deciding these foreclosure cases.  The Bench Book is just a book, it’s not The Bench Bible, but to the extent it is helpful, it would be most valuable to reference and cite the book in support of your cases.

The release of this important document truly is a valuable resource for all of us involved in the ethical fight and the defense and protection of our courts.  We should all be working for a uniform and consistent body of foreclosure law and rules across the state and the proliferation of this important document will only help in that effort.

TABLE OF CONTENTS

Introduction……………………………………………………………………………… 2
Lender’s Right to Foreclose…….……………………………………………………2 Default………………………………………………………………………………………..3 Acceleration………………………………………………………………………………. 3
Statute of Limitations…………………………………………………………………. 3 Jurisdiction……………………………………………………………………………….. 4
arties to the Foreclosure Action…………………………………………………… 5
Filing of the Lis Pendens………………………………………………………………. 11
The Foreclosure Complaint…………………………………………………………. 11
Original Document Filing and Reestablishment of the Note……………. 13
Fair Debt Practice Act………………………………………………………………… 15
Mandatory Mediation of Homestead Foreclosures………………………. 15
Service of Process……………………………………………………………………… 18
Personal Service…………………………………………….……………………………18
Constructive Service……………………………………………………………………20
Service of Process outside the State of Florida …………………………….. 24
Substitution of Parties……………………………………………………………….. 25
Entry of Default………………………………………………………………………… 25
Appointment of a Guardian ad Litem…………………………………………… 27
Appointment of a Receiver………………………………………………………….. 28
Summary Final Judgment of Foreclosure…………………………………….. 29
Affidavits in Support of Motion for Summary Judgment………………. 30
Affirmative Defenses………………………………………………………………….. 32
Summary Judgment Hearing……………………………………………………….. 36
Final Judgment………………………………………………………………………….. 36
Judicial Sale………………………………………………………………………………. 39
Post Sale Issues………………………………………………………………………….. 42
Right of possession…………………………………………………………………..… 43
Protecting Tenants at Foreclosure Act of 2009………………………….… 43 Surplus……………………………………………………………………………………… 45
Deficiency judgment………………………………………………………………….. 45 Bankruptcy……………………………………………………………………………….. 49
Florida’s Expedited Foreclosure Statute………………………………………. 49
Common Procedural Errors………………………………………………………… 50
Mortgage Workout Options……………………………………………………….… 51

[ipaper docId=40857868 access_key=key-wlp06ah6ded9mq9sh3x height=600 width=600 /]

© 2010-17 FORECLOSURE FRAUD | by DinSFLA. All rights reserved.



Posted in STOP FORECLOSURE FRAUDComments (1)

re SEC rule-making now happening

re SEC rule-making now happening


SEC Publishes Public Request for Comment to Inform Study of Obligations of Broker-Dealers and Investment Advisers

FOR IMMEDIATE RELEASE
2010-134

Washington, D.C., July 27, 2010 — The Securities and Exchange Commission today published a request for public comment to inform its study of the obligations and standards of care of broker-dealers and investment advisers providing personalized investment advice about securities to retail investors.

The study is required under the Dodd-Frank Wall Street Reform and Consumer Protection Act of 2010, which President Obama signed into law on July 21, 2010.

As required by the Dodd-Frank Act, the SEC is requesting public input, comments, and data on issues related to the effectiveness of existing standards of care for brokers-dealers and investment advisers, and whether there are gaps, shortcomings, or overlaps in the current legal or regulatory standards.

“Broker-dealers and investment advisers provide critical financial services to millions of American investors,” said SEC Chairman Mary L. Schapiro. “A system that fairly and effectively regulates these market participants is essential to protecting investors. We look forward to receiving comments from the public on these important issues.”

The public comment period will remain open for 30 days, following publication of the comment request in the Federal Register.

# # #

http://www.sec.gov/news/press/2010/2010-134.htm


© 2010-17 FORECLOSURE FRAUD | by DinSFLA. All rights reserved.



Posted in S.E.C., STOP FORECLOSURE FRAUDComments (1)

SEC Chairman Schapiro Announces Open Process for Regulatory Reform Rulemaking

SEC Chairman Schapiro Announces Open Process for Regulatory Reform Rulemaking


FOR IMMEDIATE RELEASE
2010-135

Washington, D.C., July 27, 2010 — Securities and Exchange Commission Chairman Mary L. Schapiro today announced that the agency is making it easier for the public to provide comments as the agency sets out to make rules required under the Dodd-Frank Wall Street Reform and Consumer Protection Act.

Under a new process, the public will be able to comment before the agency even proposes its regulatory reform rules and amendments. Additionally, the SEC will provide greater public disclosure of meetings with SEC staff.

The new process goes well beyond what is legally required and will provide expanded opportunity for public comment and greater transparency and accountability. The SEC also expects to hold public hearings on selected topics.

“It has not even been a week since the President signed the regulatory reform legislation into law, but at the SEC we are already working to fully implement the dozens of studies and rulemakings required of our agency,” said Chairman Schapiro. “We recognize that the process of establishing regulations works best when all stakeholders are engaged and contribute their combined talents and experiences. We look forward to preliminary public comments in these areas.”

The SEC is generally required by law to establish a public comment period at the time it proposes rules or rule amendments. However, because of the significant rulemaking envisioned under the new regulatory reform law, the public will have an opportunity to voice its views before rules or amendments are even proposed as well as to see what others are saying to the agency about these issues.

To facilitate public comment, the SEC is providing a series of e-mail links on its website at http://www.sec.gov/spotlight/regreformcomments.shtml. These mailboxes are organized by topic and are listed starting with rules that have the shortest time frame for implementation. The public can provide preliminary comments on topics including OTC derivatives, hedge funds, corporate disclosure, credit rating agencies, and other areas in which the SEC will be engaged in rulemaking and studies over the next 18 months. Submitted comments will also be posted on the website for full transparency.

In addition to seeking public comment before rules and amendments are proposed, the SEC staff will follow newly-established best practices when holding meetings with interested parties in order to ensure full transparency to the public:

Staff will try to meet with any interested parties seeking a meeting. When the number of requests exceeds availability, the staff will seek out parties with varying viewpoints. Staff may have to limit the number of meetings with similarly situated parties and will limit multiple meetings with the same party.

Staff will reach out as necessary to solicit views from affected stakeholders who do not appear to be fully represented by the developing public record on a particular issue.

Staff will ask those who request meetings to provide, prior to the meeting, an agenda of intended topics for discussion. After the meeting, the agenda will become part of the public record.

Meeting participants will be encouraged to submit written comments to the public file, so that all interested parties have the opportunity to review and consider the views expressed.

# # #

http://www.sec.gov/news/press/2010/2010-135.htm


© 2010-17 FORECLOSURE FRAUD | by DinSFLA. All rights reserved.



Posted in S.E.C.Comments (1)


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

Archives

Please Support Me!

All Of These Are Troll Comments