unlawful foreclosure | FORECLOSURE FRAUD | by DinSFLA

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A Taxing Thought

A Taxing Thought


gave the (…eviction post foreclosure)  process only to a `person entitled to the premises,’ which required him to prove that he was entitled to this possession, and which said that the defendant should have judgment if the plaintiff failed to prove his right to possession.” Id. at 37. In 1879, legislation was enacted specifically directed at those attempting to gain possession who had acquired property pursuant to foreclosure of the mortgage by sale. See id., citing St. 1879, c. 237.

That came from a case from the Massachusetts State Supreme Court and it really brought home the magnitude of the chaos upon which we are on the precipice.  The case was on appeal from the land court springing out of an unlawful detainer action.  The bank was trying to tell the homeowner to get out and the homeowner appealed saying the bank didn’t have a lawful foreclosure and hence,  not the true landlord.

The court agreed and sent the case back to district for further proceedings.

If this is the case,  then it calls into question every land relationship we have.  If title turns out to be irretrievably broken (as in – proven in court by a preponderance of evidence – even though we all know it to be true),  then why does a renter pay the landlord?  At all?  The landlord doesn’t own the building;  his title has been blown to smithereens.  The guy just says he owns it,  the record which he says makes it his is totally blown.  He ain’t the landlord.  He ain’t nobody.  He’s just a schmoe.   Right now there are people being arrested and thrown in jail for renting foreclosed and empty houses just by saying they are the landlord.  It’s crazy.

[Chink in the Armor]


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



Posted in STOP FORECLOSURE FRAUDComments (0)

Moynihan Faces Mortgage Questions At Annual Meeting

Moynihan Faces Mortgage Questions At Annual Meeting


Advice to Brian….Never let them see you sweat the small stuff…LULZ

FOX BUSINESS

Bank of America Corp. Chief Executive Brian Moynihan faced contentious questions from several shareholders Wednesday at the annual meeting for the nation’s largest bank by assets, particularly regarding its mortgage problems.

[…]

Moynihan appeared to grow impatient with shareholder questions. While one man demanded Moynihan himself call him on the phone to discuss what the holder said was a wrongful foreclosure, Moynihan began checking his watch. He also tried to speed along proposals.


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



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What would happen if scores of people who had lost their homes to foreclosure somehow persuaded a judge to overturn the proceedings?

What would happen if scores of people who had lost their homes to foreclosure somehow persuaded a judge to overturn the proceedings?


Lets revisit this article from last October… After the ruling yesterday, I bet many Title Company executives are ____________________ fill in the blank…

After Foreclosure, a Focus on Title Insurance


By RON LIEBER
Published: October 8, 2010

When home buyers and people refinancing their mortgages first see the itemized estimate for all the closing costs and fees, the largest number is often for title insurance.

This moment is often profoundly irritating, mysterious and rushed — just like so much of the home-buying process. Lenders require buyers to have title insurance, but buyers are often not sure who picked the insurance company. And the buyers are so exhausted by the gauntlet they’ve already run that they’re not interested in spending any time learning more about the policies and shopping around for a better one.

Besides, does anyone actually know people who have had to collect on title insurance? It ultimately feels like a tax — an extortionate one at that — and not a protective measure.

But all of the sudden, the importance of title insurance is becoming crystal-clear. In recent weeks, big lenders like GMAC Mortgage, JPMorgan Chase and Bank of America have halted many or all of their foreclosure proceedings in the wake of allegations of sloppiness, shortcuts or worse. And a potential nightmare situation has emerged that has spooked not only homeowners but lawyers, title insurance companies and their investors.

What would happen if scores of people who had lost their homes to foreclosure somehow persuaded a judge to overturn the proceedings? Could they somehow win back the rights to their homes, free and clear of any mortgage? But they may not be able to simply move back into their home at that point. Banks, after all, have turned around and sold some of those foreclosed homes to nice young families reaching out for a bit of the American dream. Would they simply be put out on the street? And then what?

The answer to that last question may depend on whether those new homeowners have title insurance, because people who buy a home without a mortgage can choose to go without a policy.

Then there is a glimpse behind the scenes …

[ipaper docId=46466367 access_key=key-448g7r9wonwz1j4ufuq height=600 width=600 /]

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



Posted in STOP FORECLOSURE FRAUDComments (2)

After Foreclosure, a Focus on Title Insurance

After Foreclosure, a Focus on Title Insurance



By RON LIEBER
Published: October 8, 2010

When home buyers and people refinancing their mortgages first see the itemized estimate for all the closing costs and fees, the largest number is often for title insurance.

This moment is often profoundly irritating, mysterious and rushed — just like so much of the home-buying process. Lenders require buyers to have title insurance, but buyers are often not sure who picked the insurance company. And the buyers are so exhausted by the gauntlet they’ve already run that they’re not interested in spending any time learning more about the policies and shopping around for a better one.

Besides, does anyone actually know people who have had to collect on title insurance? It ultimately feels like a tax — an extortionate one at that — and not a protective measure.

But all of the sudden, the importance of title insurance is becoming crystal-clear. In recent weeks, big lenders like GMAC Mortgage, JPMorgan Chase and Bank of America have halted many or all of their foreclosure proceedings in the wake of allegations of sloppiness, shortcuts or worse. And a potential nightmare situation has emerged that has spooked not only homeowners but lawyers, title insurance companies and their investors.

What would happen if scores of people who had lost their homes to foreclosure somehow persuaded a judge to overturn the proceedings? Could they somehow win back the rights to their homes, free and clear of any mortgage? But they may not be able to simply move back into their home at that point. Banks, after all, have turned around and sold some of those foreclosed homes to nice young families reaching out for a bit of the American dream. Would they simply be put out on the street? And then what?

The answer to that last question may depend on whether those new homeowners have title insurance, because people who buy a home without a mortgage can choose to go without a policy.

Title insurance covers you in case people turn up months or years after you buy your home saying that they, in fact, are the rightful owners of the house or the land, or at least had a stake in the transaction. (The insurance may cover you in other instances as well, relating to easements and other matters, but we’ll leave those aside for now.)

Continue reading…NEW YORK TIMES

.

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



Posted in assignment of mortgage, foreclosure, foreclosure fraud, foreclosures, Old Republic Title, STOP FORECLOSURE FRAUD, title company, Title insuranceComments (2)

US Supreme Court Massive FDCPA Ruling to Send Shock Waves to ‘Mills’

US Supreme Court Massive FDCPA Ruling to Send Shock Waves to ‘Mills’


[ipaper docId=34131633 access_key=key-1cl6ts15rgmwltbooj5a height=600 width=600 /]

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



Posted in fdcpa, foreclosure, foreclosure fraud, foreclosure mills, foreclosures, Supreme CourtComments (1)

Tear Down these Foreclosure Mill WALLS…SUPREME COURT!!

Tear Down these Foreclosure Mill WALLS…SUPREME COURT!!


Keep ExPosing NET WORTH!!!

Tear Down these Foreclosure Mill WALLS…SUPREME COURT!!

SPECIAL THANK YOU…to Matt Weidner’s Blog “this man is a saint to many”.  

While we were busy railing away in front of the Florida Supreme Court yesterday…THE SUPREME COURT….the US SUPREME COURT issued a massive ruling that will send shock waves through all foreclosure mills.  This April 21, 2010 decision found that foreclosure mill law firms are subject to the Fair Debt Collection Practices Act.  The full decision is found here.  The mills can ignore the itty bitty ‘ole Florida Supreme Court, but what about the “Real” Supreme Court?

JERMAN v. CARLISLE, MCNELLIE, RINI, KRAMER & ULRICH LPA ET AL.
CERTIORARI TO THE UNITED STATES COURT OF APPEALS FOR
THE SIXTH CIRCUIT
No. 08–1200.  Argued January 13, 2010—Decided April 21, 2010

The Fair Debt Collection Practices Act (FDCPA), 15 U. S. C. §1692  et seq., imposes civil liability on “debt collector[s]” for certain prohibited debt collection practices.  A debt collector who “fails to comply with any [FDCPA] provision . . . with respect to  any person is liable  to such person” for “actual damage[s],” costs, “a reasonable attorney’s fee as determined by the court,” and statutory “additional damages.” §1692k(a).  In addition, violations of the FDCPA are deemed unfair or deceptive acts or practices under the Federal Trade Commission Act (FTC Act), §41 et seq., which is enforced by the Federal Trade Commission (FTC).  See §1692l.  A  debt collector who acts with “actual knowledge or knowledge  fairly implied on the basis of  objective circumstances that such act is [prohibited under the FDCPA]” is subject to civil penalties enforced by the FTC.  §§45(m)(1)(A), (C).  A debt collector is not liable in any action brought under the FDCPA, however, if it “shows by a preponderance of evidence that the violation was not intentional and resulted from a bona fide error notwithstanding the maintenance of procedures reasonably adapted to avoid any such error.”  §1692k(c).

Held: The bona fide error defense in §1692k(c) does not apply to a violation resulting from a debt  collector’s mistaken interpretation of the legal requirements of the FDCPA.  Pp. 6–30. a) A violation resulting from a debt collector’s misinterpretation of the legal requirements of the FDCPA cannot be “not intentional” under §1692k(c).  It is a common maxim that “ignorance of the law will not excuse any person, either civilly or criminally.”  Barlow v. United States, 7 Pet. 404, 411.  When Congress has intended to provide a mistake-of-law defense to civil liability, it has often done so more explicitly than  here.   In particular, the administrative-penalty provisions of the  FTC Act, which are  expressly incorporated into the FDCPA, apply only when a debt collector acts with “actual knowledge or knowledge  fairly implied  on the basis of objective circumstances” that the FDCPA prohibited its action.  §§45(m)(1)(A), (C).  Given the absence of similar language in §1692k(c), it is fair to infer that Con gress permitted injured consumers to recover damages for “intentional” conduct, including violations resulting from a mistaken interpretation  of  the  FDCPA,  while reserving the  more  onerous administrative penalties for debt collectors whose intentional actions.

Posted in concealment, conspiracy, corruption, foreclosure fraud, foreclosure millsComments (0)


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