It looks bad for the Florida Banker’s Association (FBA) effort to convert Florida into a non-judicial foreclosure state. Wrong time in the wrong place under the wrong circumstances. Attorney Weidner was seen on TV giving instructions to homeowners to have them lobby legislators who were not too keen on the idea anyway, but you can […]

Tags: assignments, Community Bankers Association, Florida, foreclosure mills, HERS, land trusts, legislation, Lender Processing Services, LLC, lobby legislators, State legislators, Weidner
Posted in Corruption, Eviction, expert witness, foreclosure mill, Modification, securities fraud, Servicer |

The Ocwen Court provided an example for clarity: “Suppose an S & L signs a mortgage agreement with a homeowner that specifies annual interest rate of 6 percent and a year later bills the homeowner at a rate of 10 percent and when the homeowner refuses to pay institutes foreclosure proceedings. It would be surprising […]

Tags: 12 U.S.C. § 1461, 12 U.S.C. § 2601, 15 U.S.C. § 1692, actual damages, bankruptcy, common law defamation, defense, emotional distress, et seq. (“FDCPA”), et seq. (“RESPA”), Fair Debt Collection Practices Act, federal preemption, HERS, Home Owners’ Loan Act of 1933, INDYMAC, late fees, LLC, Motion Practice, MOTION TO DISMISS, noneconomic damages, Ocwen Loan Servicing, Office of Thrift Supervision (“OTS”), OneWest, Pleading, qualified written request, quiet title, Real Estate Settlement Practices Act, removal, RESPA, slander, slander of title, state action, State Law Claims, TILA
Posted in Corruption, Eviction, expert witness, foreclosure mill, Modification, securities fraud, Servicer |

Failed Bank Information Information for IndyMac Bank, F.S.B., and IndyMac Federal Bank, F.S.B., Pasadena, Introduction Press Release Acquiring Financial Institution Question and Answer Sheet En Español Chinese Language Version (350 kb PDF File PDF Help) Banking Services Loan Customers Unclaimed Deposits Possible Claims Against The Failed Institution FAQ re IndyMac “No Value” Determination Priority of […]

Tags: Balance Sheet Summary, FDIC, foreclosure defense, FSB, FSB and OneWest Bank, HERS, IMB, IMB Holdings, INDYMAC, Lender Liability, Loan Sale Agreement Between the FDIC as Receiver for IndyMac Federal Bank, Master Purchase Agreement by and among FDIC as Conservator for IndyMac Federal Bank, OneWest, Purchase and Assumption Agreement, quiet title, securitization, Shared Loss Agreement Between the FDIC as Receiver for IndyMac Federal Bank
Posted in bubble, Corruption, Eviction, expert witness, foreclosure mill, Modification, securities fraud, Servicer |

From Dan Edstrom: Department of Justice Press Release For Immediate Release April 16, 2010 United States Attorney’s Office Eastern District of California Contact: (916) 554-2700 Stockton Real Estate Executive Pleads Guilty to Bid Rigging at Auctions of Foreclosed Properties SACRAMENTO, CA—United States Attorney Benjamin B. Wagner and Assistant Attorney General Christine Varney of the Department […]

Tags: Anthony B. Ghio, Antitrust Division, Auctions of Foreclosed Properties, Benjamin B. Wagner, Bid Rigging, CA, Christine Varney, conspiring to rig bids, Department of Justice, Federal Bureau of Investigation, Financial Fraud Enforcement Task Force., HERS, Judge Edward J. Garcia, Lauren Horwood, MERS, Mortgage Fraud Working Group, Obama, Robin R. Taylor, Russell L. Carlberg, SACRAMENTO, San Joaquin County, San Joaquin County District Attorney’s Office, Sherman Act, Stockton Real Estate
Posted in bubble, Corruption, Eviction, expert witness, foreclosure mill, Modification, securities fraud, Servicer |

Editors’ Note: In response to my post on ID THEFT I received a number of comments and ideas. Here is one example of how someone stuck to the message and forced the issue using ID theft as a defensive tactic as well as preparing for an offensive response. Are you reading my mind? Out of […]

Tags: assignment, beneficiary, credit reports, DEED OF TRUST, disclosure, discovery, dispute credit report, FDCPA, foreclosure, foreclosure defense, foreclosure offense, fraud, FTC Complaint, HERS, ID Theft, identity theft, lender, SEC Complaint, SEC filings, securitization, Substitute Trustee, transfer, trustee
Posted in bubble, Corruption, Eviction, expert witness, foreclosure mill, Modification, securities fraud, Servicer |

“of AAA-rated subprime-mortgage-backed securities issued in 2006, 93 percent — 93 percent! — have now been downgraded to junk status.” Editor’s Note: What homeowners and their lawyers, forensic analysts, and experts need to realize is that the ratings scam on Wall street was only one-half of the equation in a scheme to defraud homeowners. If […]

Tags: Appraisal, appraisers, lender, Moody's, PAUL KRUGMAN, Raters, rating agencies, Reg Z, Senate’s Permanent Subcommittee on Investigations, Standard & Poor's, TILA, verification
Posted in bubble, Corruption, Eviction, expert witness, foreclosure mill, Modification, securities fraud, Servicer |

From Beth Findsen, Attorney in Scottsdale, AZ, she comments that ID Theft may just be the heart of the matter in seeking damages. The logic is simple: they used every borrower’s signature for selling a pool of loans that included OTHER borrowers and a huge undisclosed profit was generated by using the borrower’s signature. Without […]

Tags: Beth Findsen, borrower, failure to disclose?, fraudulent misrepresentation, ID Theft, identity theft, investors, Scottsdale, use of identifying information
Posted in Corruption, expert witness, Modification, securities fraud, Servicer |

Editor’s Note: I don’t know him but I am going to get to know him. It sounds like you should too. Every  time the servicer violates the law, you have a  remedy. Katz is leading the charge collecting damages and there are usually awards of attorneys fees. I would add that if they don’t pay […]

Tags: ACA International, ARIZONA, collection agency, consumer protection law, Fair Debt Collection Practices Act, Jack Gordon, Minneapolis trial lawyer, National Loan Recoveries, Peter Barry, Rozanne M. Andersen, Steven Katz, Tucson, WebRecon
Posted in Corruption, foreclosure mill, Modification, securities fraud, Servicer |

There is a lot of conflicting opinions about this. My opinion is that the confusion arises not from the law, not from application of the law and not from what is written on the note or deed of Trust. If you look at the Bellistri Missouri case the issue is well settled. And the problem […]

Tags: Bellistri case, Bellistri v Ocwen Loan Servicing, beneficiary, borrower, Certainty, creditor, DEED OF TRUST, defect in title, DOT, enforceability, HERS, MERS, Moral Hazard, multiple parties, nominee, note, Obligation, Ocwen, Payee, quiet title suit, release and reconveyance, Restatement 3rd, SEPARATION OF DEED OF TRUST FROM NOTE, unmarketable
Posted in Corruption, Eviction, expert witness, foreclosure mill, Modification, securities fraud, Servicer |

Editor’s Note: This is what we are hearing about. What about the settlements that go unreported? The number of settlements that are off-record (unreported) is unknown but suspected to be very high. [One of the reasons why it is SO important to get the true CURRENT status of the SPV and the true FULL accounting […]

Tags: $600 million, 07-05295, accounting, allocation to the borrower's principal balance, balance due, capital pool, Central District of California (Los Angeles)., Citigroup Inc, class-action lawsuit, Countrywide Financial Corp, Countrywide underwriters, creditors, David E. Rovella, Dean Kitchens, defense of payment, Edvard Pettersson, foreclosure suits, Goldman Sachs Group Inc, HERS, In re Countrywide Financial Corp. Securities Litigation, investors, Jef Feeley, Jennifer Bankston, JPMorgan Chase & Co, Judge Mariana Pfaelzer, KPMG LLP, Labaton Sucharow LLP, monthly statements, Mozilo, New York retirement funds, notices of default, notices of delinquency, notices of sale, payment as a defense, pretender lenders, principal balance, settlements, Shirley Norton, The Daily Journal, U.S. District Court, U.S. Securities and Exchange Commission
Posted in bubble, Corruption, Eviction, expert witness, foreclosure mill, Modification, securities fraud, Servicer |