Since 2008 I have called out bankruptcy practitioners for their lack of interest in false claims of securitization. The impact on the bankruptcy estate is usually enormous. But without aggressive education of the presiding judge the case will not only go as planned by the banks, it will also lock in the homeowner to “admissions” …
Punitive Damages for Violations of Automatic Stay in Bankruptcy §362 Read More »
The PHH case underscores the statistics and the substance of actions brought in U.S> Bankruptcy Court. The fact is that BKR judges, once called magistrates, do not have the jurisdiction or power of ordinary District Court Judges. In addition out of the three possible venues for appeal from BKR rulings and decisions, the one that …
Lateral Appeal in BKR to District Judge Often Overlooked Read More »
see https://findsenlaw.wordpress.com/2015/02/04/department-of-justice-investigates-deutsche-bank-for-false-documents-presented-to-court-in-bankruptcy-foreclosure-case/ Beth Findsen, Esq. in Scottsdale, Az posted an article on her blog back in February revealing that after 10 years+ the Department of Justice is finally examining the validity of the papers filed by the banks in support of purported foreclosures on behalf of ghosts. Beth is a realist as well as an …
Deutsch and other Banks Under Investigation by DOJ for Filing False Documents Read More »
For further information please call 954-495-9867 or 520-405-1688 ========================== Hat tip to anonymous The full case was 25 pages, I redacted to about 4 below, but very substantial topics and analysis on this similar to Rivera in full version. – A win on recovery of mortgage payments made to Wells, $73,000. – Loss on recovery of …
Wisconsin BKR Judge Orders Wells Fargo to Disgorge Payments It Received Read More »
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MOST POPULAR ARTICLES CLICK HERE TO GET COMBO TITLE AND SECURITIZATION REPORT SERVICE 520-405-1688 — My apologies. A draft of this article was accidentally published yesterday. Judge Grossman’s decision dates back one year. It is not a recent decision but it has huge significance right now in my opinion. The draft left the impression that …
The Price of Arrogance: Far-Reaching Order Sets Precedent that MERS Scheme is Unlawful Read More »
Don’t Ask, Just Cram: It’s Time to Put Mortgage Modifications Back into Judges’ Hands By Abigail Field Posted 12:00PM 04/06/11 Columns, Real Estate, Credit Comments PrintText Size A A A Print this page|EmailShare on FacebookShare on TwitterShare on DiggShare on Lifestream Many state attorneys general, federal law enforcers and regulators say they want big banks …
Don't Ask, Just Cram: It's Time to Put Mortgage Modifications Back into Judges' Hands Read More »
The Affidavit executed by Movant’s loan servicer makes no mention of the location of the original Note or who has possession of it. Movant proffered no business records or testimony tracing ownership of the Note and establishing Movant is the present holder of the Note. The Affidavit executed by Movant’s loan servicer makes no mention …
FLA BK COURT STOPS US BANK N.A. NO STANDING FEB 2010 Read More »
Dist Ct. Case No. 2-09-CV-00661-KJD-L Bankr. Ct Case No. BK-S-07-16645-LBR MERS_Hawkins-DistCtAffirmsBK Appeal by MERS from Bankruptcy Court decision denying MERS’ motion for lift of automatic stay in 18 cases. Affirmed by District Court. The significance of this decision is that it gives a simple explanation for the findings by dozens of other judges. Here are …
