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 |

Whitley 3rd amended Complaint Whitley order on mtd Taylor Bean Thanks everyone for sending me the full text OF THE OPINION.  VERY IMPORTANT CASE. Appraisal fraud, negligence, fiduciary duty, traced up to Taylor Bean. The reasoning in the opinion is at treatise-level. This Illinois Case and the cases it cites opens the door for traveling […]

Tags: 12 U.S.C. § 2601, 15 U.S.C. § 1679b, 15 U.S.C. § 1691, 42 U.S.C. § 1981, 42 U.S.C. § 3605, Advance Lending Group, Bean, Blue Horizon Real Estate Corp., Cardenas, Civil Rights Act, Credit Repair Organizations Act, ECOA, Equal Credit Opportunity Act, Fair Housing Act, FHA, Ochoa, Ospina, Real Estate Settlement Procedures Act, RESPA, Taylor
Posted in bubble, Corruption, Eviction, securities fraud |