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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

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Controversy Over State Use Of Outside Legal Counsel Expands To LPS Robo-Signing Lawsuit

Controversy Over State Use Of Outside Legal Counsel Expands To LPS Robo-Signing Lawsuit


What is wrong with people these days???

They should have known better going up against AG Masto!


Nevada News Bureau-

CARSON CITY – When state Sen. Greg Brower asked the Attorney General’s office earlier this month about the $6 million in outside legal costs incurred so far in defending the state in a freeway construction dispute, he said his motives were purely fiscal in nature.

“We just don’t have money to waste,” said Brower, R-Reno. “At least this particular situation seems to suggest that maybe we are. Maybe there are good answers to all of these questions I raised in my letter but there is only one way to find out and that is to ask them.”

State Sen. Greg Brower, R-Reno. / Nevada News Bureau file photo.

But the use of outside counsel is being questioned in another case where Brower’s law firm, Snell & Wilmer, is representing a company being sued by Attorney General Catherine Cortez Masto, who is also using the services of a private law firm.

[NEVADA NEWS BUREAU]

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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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Senator Maria Cantwell: MERS “should be shut down and dissolved”

Senator Maria Cantwell: MERS “should be shut down and dissolved”


H/T Matt Stoller

December 15, 2011

The Honorable Eric Holder, Jr.

U.S. Department of Justice

950 Pennsylvania Avenue, NW

Washington, DC 20530-0001

Dear Attorney General Holder:

I write regarding the ongoing settlement talks between state attorneys general, federal fraud regulators, the White House, and large financial institutions over alleged illegal foreclosure and mortgage servicing practices and abuses.

I am concerned that recently reported settlement proposals will effectively absolve these financial institutions of substantial civil and criminal liability in one of the largest alleged fraud schemes during the financial crisis. Specifically, I am concerned that the proposed settlement includes a release from liability that may be far too sweeping, does not adequately compensate victims, does not require enough of banks to reform the system that led to the crisis in the first place, and is being made before all the facts are known and without the backing of a full inquiry into the size and scope of the alleged fraud.

Large financial institutions helped inflate the housing bubble through tranching and securitizing mortgages at a frenetic pace while disregarding mortgage and foreclosure laws. Collecting fees from issuing mortgages then selling to investors securities backed by these mortgages allowed the largest financial institutions to pump up profits and home prices, while dumping any potential losses on homeowners, taxpayers, and investors. When the housing bubble burst taxpayers were forced to bail out the largest financial institutions. It is estimated that the federal government disbursed over $4.7 trillion to financial institutions, and guaranteed an additional $13.87 trillion, during the financial crisis.

Without a thorough investigation, it is impossible to truly estimate just how pervasive the defects in the foreclosure and securitization process are. Continued reports of wrongful foreclosures, forged documents, and an inability of servicers and banks to prove chain of title and the legal right to foreclosure, raises the very alarming possibility that these defects were endemic to the mortgage servicing industry across the country. The sheer magnitude of the potential fallout from these defects demands that we undertake a full investigation to uncover the true scope of wrongdoing before providing blanket immunity to the perpetrators.

I am also concerned that reports of a settlement in the range of $20 billion, as recently reported, may not adequately compensate the victims of the foreclosure crisis. As a result of the pump-and-dump scheme perpetrated by the nation’s largest banks that inflated – and burst – the housing bubble, an estimated 14 million Americans are underwater, owing $700 billion more on their homes than those homes are worth. A $20 billion settlement is woefully inadequate to compensate the wrongfully evicted or homeowners struggling to stay in their homes. Much more should be required of banks to provide meaningful help underwater homeowners and compensate foreclosure fraud victims.

A settlement with mortgage servicers must also require reforms to ensure such abuses do not happen again. The goal of servicing mortgages must be accuracy and adherence to the law, not expediency and corner-cutting. Confidence must be restored that proper transference of notes and mortgages was followed and clear chains of titles are available for all mortgages. Until then, the burden of proof must be on financial institutions to prove that they have the legal authority to foreclose. The Mortgage Electronic Registration System should be dissolved and shut down, and the shortcut that allowed banks to avoid hundreds of millions, if not billions, in local fees to local registrars of deeds be closed off. It is critical that large banks not be allowed to shirk their tax obligations to local governments. A settlement in this case must compensate state and local governments for taxes and fees which were owed but not collected.

The crisis in our housing and financial markets has shaken the confidence of the American people in our financial system and in government. Holding banks accountable for abusive and fraudulent practices, while compensating damaged homeowners, wrongfully evicted, local governments, and defrauded investors is vital to restoring that confidence. I urge you to ensure that any settlement with mortgage servicers over alleged foreclosure abuses does not absolve liability for crimes and wrongdoing that has yet to be fully investigated, and ensures just compensation for victims.

I appreciate your attention to this matter.

Sincerely,

U.S. Senator Maria Cantwell

###

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NAILTA Announces Opposition to “MERS 2” Proposal

NAILTA Announces Opposition to “MERS 2” Proposal


Source of Title –

The National Association of Independent Land Title Agents (NAILTA) has announced that it is opposed to a provision in legislation offered by Senator Bob Corker (R-TN) that would create “MERS 2”, a federal mortgage registry modeled after and designed to replace the existing bank-owned MERS mortgage registry.

In its position paper on the Corker bill, Senate Bill 1834, NAILTA says that it “is opposed to any reconstituted MERS system because the MERS model is a deeply flawed system that continues to harm consumers, small business owners, and county governments across the United States.”

[SOURCE OF TITLE]

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Corker proposes alternative to MERS

Corker proposes alternative to MERS


Lets see who all are the “Financiers” of this new proposed MERS.

Does he not think the bankers are already working on  a way out of MERS and into a new MERS?

Either way, we need to get away from anything electronic as this is not safe and opened to all sorts of fraud. I know I would never ever get anything with any “nominee” verbiage in any of my personal possessions. HELL NO!

Housing Wire-

Sen. Bob Corker, R-Tenn., hopes to create a new mortgage registration system to streamline the transfer of mortgages nationally.

Corker said the registry would function similar to the Mortgage Electronic Registration Systems by creating a single, nationally recognized system for the transfer of loans.

Corker included the MERS redux proposal in his Residential Mortgage Market Privatization and Standardization Act, a bill introduced this week to outline the mortgage finance market’s transition from dominance by government-sponsored enterprises to a privatized system.

[HOUSING WIRE]

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Tennessee BK Trustee Says In 60 Cases This Year, Lenders Couldn’t Produce Original Note

Tennessee BK Trustee Says In 60 Cases This Year, Lenders Couldn’t Produce Original Note


SHOW ME THE NOTE!!

Bizjournals Nashville-

Federal legislation introduced last week is giving credence to a battle being fought in Middle Tennessee by bankruptcy trustee Henry “Hank” Hildebrand.

The Bill can be found in the link below…

VT Senator Patrick Leahy Introduces Bill To Fight Creditor Fraud In Bankruptcy Courts

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VT Senator Patrick Leahy Introduces Bill To Fight Creditor Fraud In Bankruptcy Courts

VT Senator Patrick Leahy Introduces Bill To Fight Creditor Fraud In Bankruptcy Courts


‘‘Fighting Fraud in Bankruptcy Act of 2011’’


Senator Patrick Leahy (D-Vt.) introduced legislation Tuesday to strengthen the tools available to U.S. bankruptcy trustees to protect American homeowners from creditor fraud in bankruptcy court.  Leahy introduced the Fighting Fraud in Bankruptcy Act, with cosponsors Sheldon Whitehouse (D-R.I.) and Richard Blumenthal (D-Conn.).

“The Fighting Fraud in Bankruptcy Act is another step forward in the Judiciary Committee’s important efforts to protect American citizens from fraud,” said Leahy.  “As Congress looks at ways to mitigate the foreclosure crisis to reduce its impact on homeowners and the economy, I hope all Senators can agree that the foreclosure process for Americans should be a fair one and one in which there is accountability for fraud or other misconduct.  And I hope we can all agree that the integrity of our judicial system is something worth protecting.”

“It’s inexcusable when big banks hit homeowners with bogus mortgage fees and improper foreclosures,” said Whitehouse.  “This bill will help ensure that Rhode Islanders who fall on hard times have access to a fair bankruptcy process and a chance at a fresh start.”

“Homeowners facing foreclosure, including military personnel serving our country far from their homes, are entitled to full legal protection from fraud and misconduct,” said Blumenthal. “This commonsense proposal simply strengthens existing authority for holding creditors accountable for abuses. It will deter needless litigation that is currently wasting resources, clogging the bankruptcy courts, and slowing our economic recovery.”

The Fighting Fraud in Bankruptcy Act includes four key provisions.  The legislation will:

  • Clarify that U.S. trustee has a duty to take action to remedy creditor abuse of the bankruptcy process;
  • Permit the bankruptcy court, either on its own or in response to a motion from the trustee, to correct or sanction misconduct and fraud committed by creditors in the bankruptcy process;
  • Empower the trustee to establish audit procedures to ensure that creditors are complying with the law;
  • Require a mortgage lender to certify under penalty of perjury that a foreclosure proceeding against active duty members of the military who are deployed is in compliance with the Servicemembers Civil Relief Act (SCRA).  The SCRA protects active duty military personnel by requiring a stable, manageable interest rate for military homeowners on active duty, and staying foreclosure actions during their deployment.

The Judiciary Committee has held several hearings in recent years regarding the foreclosure crisis.  Earlier this year, the Committee considered and reported to the full Senate the Limiting Investor and Homeowner Loss in Foreclosure Act  to authorize bankruptcy courts to establish loss mitigation programs to avoid foreclosures.

# # # # #

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[Source: http://leahy.senate.gov]

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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.

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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 /]

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Comparing Apples to Oranges – Read What This Senator Compares Foreclosure Mills To?

Comparing Apples to Oranges – Read What This Senator Compares Foreclosure Mills To?


Florida’s Sen. Joe Negron is obviously in the dark! According to the Palm Beach Post

Negron also objected to Palmer using the term “foreclosure mills” when referring to South Florida law firms specializing in foreclosures, some of which are now being sued or under investigation for alleged fraud.

“In most occupations, whether it’s making doughnuts or running a sporting goods store, having more volume is better than having less volume. It may, in fact, be a commentary on your capability and your competitive advantage rather than something that we should disparage,” Negron said. “Foreclosure mill could also be called very busy law firm because you provide excellent service to your clients.”

Perhaps a better comparison would have been a puppy mill. Wouldn’t you agree it’s about quality, not quantity?


[image credit: Flickr]

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Sen. Franken Can Begin Looking Into Robo-Signing In Minnesota

Sen. Franken Can Begin Looking Into Robo-Signing In Minnesota


Sen. Franken, please allow this site to make it very simple for you and address your concerns of the very problematic ‘robo-signing’ issues that you find troubling. There is an address in your neck of the woods that you should be made aware of 1270 Northland Dr Ste 200 Mendota Heights, MN 55120 (link)… Then stop over to learn all about this default servicing ‘robo-signing’ company here LPS (link). In a most recent case coming from New Jersey names Laura Hescott an employee of LPS (link) the person who executed the assignment of mortgage. The Judge states the following “The bona fides of the practices of this service provider have been the subject of increased judicial scrutiny. See, e.g., In re Taylor, 407 B.R. 618, 623 (Bankr. E.D. Pa. 2009).”(link).

Franken urges reform on foreclosure ‘robo-signing’

By Andy Birkey | 02.02.11 | 4:00 pm

Sen. Al Franken participated in a U.S. Senate hearing on Tuesday regarding the foreclosure process and ways that the federal government could help Americans keep their homes while also preventing investors from losing their investments. Franken said that one of the biggest problems fueling the foreclosure crisis is “robo-signing,” a tactic used by lenders to speed up the foreclosure process.

“Many problems have come to light since the beginning of the foreclosure crisis,” Franken told the Senate Judiciary Committee. “Most recently, we have seen mortgage servicers fraudulently signing affidavits to execute foreclosures, when they have zero personal knowledge of the individual borrower’s situation. This problem, known as robo-signing, is particularly troubling to me.”

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BLOOMBERG| Geithner Urged by Senators to Tackle Home-Foreclosure Process `Forcefully’

BLOOMBERG| Geithner Urged by Senators to Tackle Home-Foreclosure Process `Forcefully’


Treasury Secretary Timothy F. Geithner and federal regulators need to fix the mortgage foreclosure process so that it doesn’t derail the economic recovery, Senator Jack Reed and 16 other senators wrote in a letter yesterday.

“Mortgage market issues point to an emerging threat to financial stability that should be forcefully addressed now,” wrote Reed, a Democrat from Rhode Island. The letter, obtained by Bloomberg News, was also signed by Senator Bernie Sanders, an independent of Vermont, and 15 other Democrats including Senators John Kerry and Dick Durbin.

The letter shows increasing concern from lawmakers that the Obama administration hasn’t done enough to stem the housing crisis. Home prices may decline 5 percent this year as the housing market starts to stabilize, Jan Hatzius, chief U.S. economist at Goldman Sachs, said in a Dec. 31 Bloomberg Television interview.

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