Christopher A. Gorman, New York Law Journal October 19, 2016 Most institutional lenders, trusts and large financial institutions that loan money to borrowers or acquire distressed loans use loan servicers to service their loans after the loans are originated or otherwise assigned to them. Loan servicing is the process by which a lender uses a third party to, among other…[...]

Continue Reading

http://www.jdsupra.com/legalnews/bartram-affirmed-florida-supreme-court-76224/ Nearly a year after hearing oral argument on the matter, the Supreme Court of Florida affirmed the decision of the Fifth District Court of Appeal in Bartram v. U.S. Bank, N.A., SC14-1265 (Fla. Nov. 3, 2016), holding that a lender is not barred from filing a subsequent foreclosure action based on a payment default after a first foreclosure action…[...]

Continue Reading

http://www.jdsupra.com/legalnews/each-subsequent-default-restarts-the-58017/ The long-awaited decision in U.S. Bank v. Bartram was released yesterday.  At issue was whether lenders and servicers could restart foreclosures after five years, or if they would be barred by Florida’s five-year statute of limitations.  Yesterday, the Florida Supreme Court clarified that a lender/servicer can restart the foreclosure clock by declaring a new default date. Specifically, the Supreme…[...]

Continue Reading

Let's be clear. Two wrongs don't make a right. But the very thing that this attorney is accused of doing is what the banks and their lawyers are doing and have done for the last 10 years. What this lawyer did was dead wrong. But why isn't it dead wrong when the other side does it? Law enforcement is walking…[...]

Continue Reading

The plain fact is that if homes were fraudulently foreclosed based upon void fabricated instruments, the foreclosure itself is void. That is what is true under current law. But states like Massachusetts have passed legislation that most homeowners neither know about nor understand. Their rights to possession and title to property that is still legally owned by them (if current…[...]

Continue Reading

http://www.marketwatch.com/story/wells-fargo-braces-for-losses-as-prosecutors-delve-into-possible-mortgage-abuses-2016-11-03 Bank’s possible litigation losses rise up to $1.7 billion in Q3 Getty Images Wells Fargo has said it is working to restore trust with customers. By  Emily Glazer Wells Fargo & Co. is in talks with a group of federal and state prosecutors examining potential abuses related to mortgages as it continues to grapple with investigations and public outrage…[...]

Continue Reading

The banks file incomplete, unsigned and often fabricated documents on websites where they can get away with it. www.sec.gov is one of those places. I suggest aggressive objection to taking judicial notice of any document on sec.gov because it was not generated by the agency. The fact that someone filed it doesn't mean that the filing was authentic and certainly…[...]

Continue Reading

The story is basically the same. Hundreds of thousands of homeowners were told that in order to get refinancing or modification they needed to stop paying their monthly mortgage payments. This was a ruse. It was also practicing law without a license. It was a lie aimed at trapping homeowners into a position where they could not recover. Thousands of…[...]

Continue Reading

Current, former employees describe high-pressure work environment.  If you think working for Wells Fargo is stressfu- you ought to have them illegally foreclose on your home! http://www.wmdt.com/life/money/wells-fargo-workers-describe-mental-health-nightmares/42240548?item=0 By Matt Egan NEW YORK (CNNMoney) - For Janis Barinsky, a former Wells Fargo banker, it started with stress-induced migraines and severe anxiety. She says trying to balance the bank's aggressive sales goals…[...]

Continue Reading

Wells Fargo & Co have agreed to pay $50 million to settle a racketeering lawsuit accusing it of overcharging hundreds of thousands of homeowners for appraisals ordered after they defaulted on their mortgage loans. The proposed settlement, which requires court approval, was disclosed in a filing on Friday in an Oakland, California federal court. If approved, it will resolve nationwide…[...]

Continue Reading