It was impossible to trace the majority of the mortgage loans on the over 300 homes sold by DSI that were the subject of the FBI investigation; it would have been harder yet to identify individual victims of the fraud given that the mortgages were securitized and traded. (Emphasis added.) THE FOLLOWING ARTICLE IS NOT …
Not even the Federal Government Can Determine Who owns Your Loan Read More »
Why are modifications being undermined when they would so obviously preserve the value of the “loan?” The answer is because the real party in interest in the foreclosures is the servicer, not the trust, which doesn’t own the loan anyway, nor even the investor/beneficiaries, who reap very little out of the proceeds of foreclosure. The …
SIGTARP HAMP FINDINGS: SERVICERS REVOKING COMPLIANT HAMP PLANS Read More »
see http://www.housingwire.com/articles/35126-oakland-sues-wells-fargo-for-mortgage-discrimination My first suggestion was in 2007 that governmental units sue the big banks for what they were doing to their constituents and government budgets. Nobody was interested. They were all listening to Greenspan and Paulson saying that this was nothing and that it was contained. How do you warn people about the tidal …
City of Oakland Sues Wells Fargo for Discriminatory/Predatory Lending Read More »
See West Coast Workshop Northern California For further information or services please call 954-495-9867 or 520-405-1688. This is not a legal opinion on any specific case. Get a lawyer. ====================================== see http://www.occupy.com/article/how-wells-fargo-fraudulently-foreclosed-florida-homeowner The Big Question: How can there be a declaration of default when the creditor is showing no default and no loss on its …
For further information please call 954-495-9867 or 520-405-1688 Please consult an attorney who is licensed in your jurisdiction before acting upon anything you read on this blog. ================================== Anyone following this blog knows that I have been saying that unity of investors and borrowers is the ultimate solution to the falsely dubbed “Foreclosure crisis” (a …
Ocwen: Investors and Borrowers Move toward Unity of Purpose! Read More »
For more information on UNDOCUMENTED LOANS please call 954-495-9867 or 520-405-1688 ================================ Competing Transactions: The One Banks Use Which never Existed vs The Real Loan that was Undocumented You may have noted that in response to my articles and briefs, banks don’t argue with the premise that they have no original money transaction; instead they …
For further information please call 954-495-9867 or 520-405-1688 ============================== see Massachusetts Settlement: Fine PLUS Curing Title Defects Martha Coakley gets it. She is the attorney general of Massachusetts. And she alone has enforced the law the way it should be enforced. When a bank or anyone else files a fraudulent foreclosure action they should pay …
For further information please call 954-495-9867 or 520-405-1688 =============================== We have all seen it, heard and experienced it over and over again. In this case Wells Fargo offered a “temporary” modification, it was accepted and the trial payments were made. Wells Fargo said the modification offer and acceptance lacked consideration — the height of arrogance …
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 »
For further information please call 954-495-9867 or 520-405-1688 ———————————————- see AppellateOpinion Holt v Calchas 4th DCA decision The clear assumption in this case is that Wells Fargo had stepped into the shoes of the lender and that if Wells Fargo did not win or if its surrogate did not win, it was assumed that the …
Business Records Exception — The Loophole That Needs Closing Read More »
For further information please call 954-495-9867 or 520-405-1688. We provide litigation support in all 50 states. ———————————– On an upbeat note, we are getting more and more communication from homeowners who have won their cases outright and not subject to confidentiality agreements. Fortunately these happy homeowners have realized that the fight is not yet over …
Now that you have won your "free "house, what happens next? Read More »
Banks Use Modifications Against Homeowners Click in or phone in at The Neil Garfield Show Or call in at (347) 850-1260, 6pm EDT Thursdays It is bad enough that they outright lie to homeowners and tell them they MUST be 90 days behind in payments to get a modification. That isn’t true and it is …
For more information on foreclosure offense, expert witness consultations and foreclosure defense please call 954-495-9867 or 520-405-1688. We offer litigation support in all 50 states to attorneys. We refer new clients without a referral fee or co-counsel fee unless we are retained for litigation support. Bankruptcy lawyers take note: Don’t be too quick admit the …
Giunta Prevails on Wells Fargo Motion to Dismiss — Federal Court Read More »
Today is National Honesty Day. While it should be a celebration of how honest we have been the other 364 days of the year, it is rather a day of reflection on how dishonest we have been. Perhaps today could be a day in which we say we will at least be honest today about …
In a short written opinion Judge William J Zloch, formerly of Notre Dame football fame (quarterback and wide receiver) dealt a huge blow to bankers pretending to be lenders and servicers pretending to be bankers. For him the issue was simple. And he is right. His opinion contains irrefutable logic. Ocwen wanted to escape trial …
Judge Zloch Deals Blow to Wells Fargo and Ocwen on Trial by Jury Read More »
Click to Tune in or Download The Neil Garfield Show Or call in at (347) 850-1260, 6pm Thursdays It has been my contention all along that these cases ought to end in the discovery process with some sort of settlement — money damages, modification, short-sale, hardest hit fund programs etc. But the only way the …
Wells Fargo Investigated by 4 Agencies for Manual on Fabricating Foreclosure Documents Wells Fargo is under investigation for a lot of things these days, just as we find in Bank of America and other major “institutions.” The bottom line is that they haven’t been acting very institutional and their culture is one that has led …
Quite a Stew: Wells Fargo Pressure Cooker for Sales and Fabricated Documents Read More »
Damage awards for wrongful foreclosure are rising across the country. In New Mexico a judge issued a $3.2 million judgment (including $2.7 million in punitive damages) against Wells Fargo for foreclosing on a man’s home after his death even though he had an insurance policy through the bank that paid the remaining balance on his …
Damages Rising: Wrongful Foreclosure Costs Wells Fargo $3.2 Million Read More »
It is easy to think of the mortgage meltdown as a period of time in which the banks went wild. Unfortunately that period of time never ended. They are still doing it. The level of sophistication it takes to do the kinds of things that banks have been doing for the last 20 years is …
Banks Still Out Cheating Their Customers and Everyone Else Read More »
As Danielle Kelley, Esq. (Tallahassee) has repeatedly predicted, the trial modification practices of the big banks are getting them into hot water. Scenarios vary. But one typical scenario is that the trial modification is “approved” (which under current law means that it has been through underwriting) and the borrower makes the trail payments. Then the …
The Rush to Foreclosure: Wells Fargo Loses the Argument on Trial Modifications Read More »
World Savings Bank was acquired by Wachovia Bank which in turn was acquired by Wells Fargo. We have previously reported here that we had no information regarding the actual securitization of loans had been originated by World Savings Bank. Now we have that information. And in a case of the right hand not aware of …
World Savings Bank Loans Were Securitized Before Wachovia Merger Read More »
It is this undisclosed yield spread premium that produces the pool from which I believe the servicer advances are actually being paid. Intense investigation and discovery will probably reveal the actual agreements that show exactly that. In the meanwhile I encourage attorneys to look carefully at the issue of “servicer advances” as a means to …
Mortgage Lenders Network and Wells Fargo Battled over Servicer Advances Read More »
Danielle Kelley, Esq. is getting corroboration on trial modifications from lawyers and other professionals assisting homeowners all over the country. She is bearing down hard on situations where the homeowner enters into the trial modification, complies with all the terms, and then is faced with a unilateral decision by the bank to foreclose anyway. Decisions …
Wells Fargo Attempting to "offer" Modifications But Refusing to Put it in Writing Read More »
In order to obtain forensic reports including servicer advances please go to www.livingliesstore.com or call 520-405-1688. for litigation support to attorneys call 850-765-1236. ——————————— Mortgage Lenders Network v Wells Fargo, Chapter 11, Case 07-10146(PJW), Adv. Proc., Case 07-51683(PJW) In an adversary proceeding in which evidence was presented, Judge Walsh dissected the confusing complex agreements involving …
Federal Bankruptcy Judge Explains Wells Fargo Servicer Advances Read More »
