RESPA

2011 California Review of Cases

MOST POPULAR ARTICLES CLICK HERE TO GET COMBO TITLE AND SECURITIZATION REPORT by Tim McCandless Lona v. Citibank     Docket Cal.App. 6th Dist (H036140)  12/21/11TRUSTEE‘S SALES: The court reversed a summary judgment in favor of defendants in an action seeking to set aside a trustee’s sale on the basis that the loan was unconscionable. The court …

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OBAMA OUT OF HIDING: PICKS CORDRAY TO HEAD UP CONSUMER AGENCY WHILE CONGRESS IS OUT

MOST POPULAR ARTICLES CLICK HERE TO GET COMBO TITLE AND SECURITIZATION REPORT EDITOR’S COMMENT: Picking Cordray is like using pepper spray in the face of the Banks. Having him in as head of the agency will have long and rippling effects on the Banks as the extent of their fraud is revealed. Cordray was highly …

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RECOVERY IS WORSE THAN RECESSION FOR MOST PEOPLE

MOST POPULAR ARTICLES CLICK HERE TO GET COMBO TITLE AND SECURITIZATION REPORT EDITOR’S COMMENT: Truth meets fiction.  Fiction wins. Most people refer to this period in our history as a recovery period. It is not. We are (a) in continual decline and (b) headed for another, larger crisis. The government’s attention to creating jobs has …

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FLORIDA AG LEARNS HER LESSON: GO AFTER THE BANKS AND ATTORNEYS OR LOSE OFFICE

MOST POPULAR ARTICLES CLICK HERE TO GET COMBO TITLE AND SECURITIZATION REPORT EDITOR’S ANALYSIS: Like many other  AG’s around the country, Bondi in Florida came to the realization that the Bank’s money is not nearly as valuable as actual votes from voters. So after sinking an investigation into the banks and law firms representing the …

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BIG SET-BACK FOR BANKS DEFENDING FRAUD ACTIONS

MOST POPULAR ARTICLES CLICK HERE TO GET COMBO TITLE AND SECURITIZATION REPORT EDITOR’S ANALYSIS: MBIA insured mortgage-backed securities created by Countrywide. The insurance contract provides that MBIA waives any right of subrogation or claim to the loans that were supposedly in the pool of loans that were morphed into some sort of entity (people call …

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WHY DO WE CALL THEM BANKS?

MOST POPULAR ARTICLES CLICK HERE TO GET COMBO TITLE AND SECURITIZATION REPORT EDITOR’S NOTE: Wiley makes a very good point and one which ought to be considered strategically when referring to these entities in court, in articles, pleadings, memos etc. By conceding that they acted as banks, we grant them credibility they don’t deserve. Many …

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CHALLENGING THE LAWYER WHO SAYS HE REPRESENTS THE FORECLOSER

MOST POPULAR ARTICLES CLICK HERE TO GET COMBO TITLE AND SECURITIZATION REPORT EDITOR’S NOTE: Most lawyers, homeowners and even Judges take issue with me over whether the challenge on the right to represent the forecloser exists. Why else would the lawyer be there? But as I’ve stated before and say again, it happens very often …

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URBAN INSTITUTE: DECADES OF FORECLOSURES TO COME

MOST POPULAR ARTICLES CLICK HERE TO GET COMBO TITLE AND SECURITIZATION REPORT EDITOR’S NOTE: For those seeking to buy a home to live in, and for those seeing to buy a “bargain” for investment BEWARE! The pressure on this housing market will not stop until the foreclosures are stopped and the real process of modification …

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JOHNS HOPKINS: HEALTH CARE COSTS SOAR WITH FORECLOSURES

MOST POPULAR ARTICLES CLICK HERE TO GET COMBO TITLE AND SECURITIZATION REPORT Stress of foreclosure can make homeowners ill Studies find illness rises where foreclosures highest THE HIDDEN COSTS OF MASSIVE FORECLOSURES By Bob LaMendola, Sun Sentinel Foreclosures are making Florida homeowners sick. A series of studies over the past year, including one that zeroed …

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DREWE RESEARCH: CONNECTION BETWEEN BOA AND DEVELOPERS

MOST POPULAR ARTICLES CLICK HERE TO GET COMBO TITLE AND SECURITIZATION REPORT EDITOR’S NOTE: The reason this research is important is that it shows the connection between the developers, who have escaped blame thus far for the mortgage mess, and the Wall Street chicanery that financed ever increasing artificial price rises by developers, whose asking …

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9TH CIRCUIT: TILA RESCISSION REVIVED AND RETURN TO NORMAL RULES OF PROCEDURE

MOST POPULAR ARTICLES CLICK HERE TO GET COMBO TITLE AND SECURITIZATION REPORT “so long as the plaintiff alleges facts to support a theory that is not facially implausible, the court’s skepticism is best reserved for later stages of the proceedings when the plaintiff’s case can be rejected on evidentiary grounds.” In re Gilead Sciences Securities …

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Make Banks Write Down Underwater Mortgages

MOST POPULAR ARTICLES CLICK HERE TO GET COMBO TITLE AND SECURITIZATION REPORT EDITOR’S COMMENT: UNFAIR, RIGHT?  Why should people who made a bad deal get out of it? That is rewarding stupid behavior and will just make them do it again, costing us taxpayers even more money. And what about me? I’m underwater or I …

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EFFECTIVE USE OF WHAT THE MORTGAGE GIANTS SAY ABOUT EACH OTHER

MOST POPULAR ARTICLES CLICK HERE TO GET COMBO TITLE AND SECURITIZATION REPORT SEE FHFA SITE The Federal Housing Finance Agency (FHFA) filed suit against 17 lead defendants. Lawyers and pro se litigants and anyone with a mortgage subject to a possible claim that the loan was securitized should be interested and follow the allegations AND …

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APPROACHING A RESISTANT JUDGE

MOST POPULAR ARTICLES CLICK HERE TO GET COMBO TITLE AND SECURITIZATION REPORT Connecticut is one of the last states to confront the deluge of foreclosures so they are behind the curve. The usual evolution is that pro se litigants and lawyers who have little experience in litigating, much less litigating securitized loans, present arguments that …

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MAX GARDNER'S NEW YEAR MESSAGE

MOST POPULAR ARTICLES CLICK HERE TO GET COMBO TITLE AND SECURITIZATION REPORT EDITOR’S COMMENT: Max has captured the mood of all of us frustrated by the oppression and depression that has gripped the psyche of our country. What I don’t understand is how lawyers are rationalizing their failure to join the fight. Even if their …

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CITI BACKS DOWN WHEN MINNESOTA AG GOT INVOLVED

MOST POPULAR ARTICLES CLICK HERE TO GET COMBO TITLE AND SECURITIZATION REPORT EDITOR’S COMMENT: It always seems like you need firepower — wealth or political clout to simply get justice. The foreclosure was wrong, the figures were wrong and the policy was wrong. Law enforcement has an obligation to step in and assist those people …

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Schack bangs HSBC for False Paperwork

MOST POPULAR ARTICLES CLICK HERE TO GET COMBO TITLE AND SECURITIZATION REPORT EDITOR’S NOTE: Plausible deniability went out the window as HSBC tried to get out of the consequences for submitting false, fabricated papers to the court in support of a fraudulent foreclosure. They tried to say they didn’t know. Schack didn’t buy it and …

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THE BIG LIE BY MICHAEL THOMAS

MOST POPULAR ARTICLES CLICK HERE TO GET COMBO TITLE AND SECURITIZATION REPORT “Over the next year, I expect the “what” will give way to the “how” in the broad electorate’s comprehension of the financial situation. The 99 percent must learn to differentiate the bloodsuckers and rent-extractors from those in the 1 percent who make the …

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AFTER $16 TRILLION BANK PAYMENT, WHAT DO WE OWE?

MOST POPULAR ARTICLES CLICK HERE TO GET COMBO TITLE AND SECURITIZATION REPORT ARE WE GOING TO GIVE THE BANKS ANOTHER $16 TRILLION? Between TARP (only $700 Billion) and the FED bailouts ($16 TRILLION) the Banks have already received from all of us enough money to pay off every mortgage, credit card, student loan, auto loan …

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PRETENDER LENDERS SQUIRMING AS RUBBER MEETS THE ROAD IN ARIZONA

MOST POPULAR ARTICLES CLICK HERE TO GET COMBO TITLE AND SECURITIZATION REPORT Interesting procedural issues coming up in Arizona Courts. First WAMU asks the Court of Appeals to depublish its decision that possession of the note was not necessary, meaning that the decision would apply ONLY to that one case and not serve as precedent …

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WHY CANADA DIDN'T CRASH

MOST POPULAR ARTICLES CLICK HERE TO GET COMBO TITLE AND SECURITIZATION REPORT “What we need is the a return to the rule of law, a culture of fairness and justice and a politics of the country rather than pure personal aggrandizement. We are only going to get there if we stop lying to each other …

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CASE SHILLER INDEX: HOUSING PRICES LOWEST SINCE THE CRASH

MOST POPULAR ARTICLES CLICK HERE TO GET COMBO TITLE AND SECURITIZATION REPORT EDITOR’S NOTE: Despite realtors and banks putting out disinformation about the housing market improving, the facts show otherwise. Housing prices, housing demand are falling under the sheer weight of supply and joblessness. What will 2012 bring? More of the same unless the courts …

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DOJ HUNTING 210,000 VICTIMS OF COUNTRYWIDE FRAUD

MOST POPULAR ARTICLES CLICK HERE TO GET COMBO TITLE AND SECURITIZATION REPORT EDITOR’S COMMENT: They are missing the point in many cases. It is not the the monetary settlement that these people are entitled to so much as the house itself because the foreclosure was wrongful. If the amount demanded was wrong, then the right …

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TENNESSEE LEADS THE WAY IN DENYING 93 YEAR OLD RESIDENT THE RIGHT TO VOTE

MOST POPULAR ARTICLES CLICK HERE TO GET COMBO TITLE AND SECURITIZATION REPORT SEE FULL ARTICLE BY MARIE DIAMOND A 93-year-old Tennessee woman who cleaned the state Capitol for 30 years, including the governor’s office, says she won’t be able to vote for the first time in decades after being told this week that her old …

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