YARNEY v. OCWEN LOAN SERVICING, LLC, Dist. Court, WD Virginia 2013 SARAH C. YARNEY, Plaintiff, v. OCWEN LOAN SERVICING, LLC, ET AL., Defendants. No. 3:12-cv-00014. United States District Court, W.D. Virginia, Charlottesville Division. March 8, 2013 MEMORANDUM OPINION NORMAN K. MOON, District Judge. The Plaintiff Sarah C. Yarney (“Plaintiff”), pursuant to Fed. R. Civ. P. 56, […]

Tags: breach of contract, damages, FDCPA, Moon, Ocwen, Wells Fargo, West Virginia, Yarney
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CHECK OUT OUR DECEMBER SPECIAL! What’s the Next Step? Consult with Neil Garfield For assistance with presenting a case for wrongful foreclosure, please call 520-405-1688, customer service, who will put you in touch with an attorney in the states of Florida, California, Ohio, and Nevada. (NOTE: Chapter 11 may be easier than you think). I […]

Tags: damages, FORECLOSURE REVIEW, mortgage review, OCC REVIEW, review process, settlement
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MOST POPULAR ARTICLES GET COMBO TITLE AND SECURITIZATION ANALYSIS – CLICK HERE FHFA ACCUSES BANKS OF FRAUD: THEY KNEW THEY WERE LYING “FHFA has refrained from sugar coating the banks’ alleged conduct as mere inadvertence, negligence, or recklessness, as many plaintiffs have done thus far.  Instead, it has come right out and accused certain banks […]

Tags: acquisitions, AMbac, bailout, bankruptcy, banks, BEAR STEARNS, BofA, bondholder actions, borrower, Complaints, contract rights, countrywide, damages, DEUTSCHE BANK, disclosure, EMC, Fannie MAe, Federal Home Loan Banks, FHFA, foreclosure, foreclosure defense, foreclosure offense, foreclosures, fraud, Freddie Mac, freeriders, Goldman Sachs, Government bailout, investors, irresponsible lending, JPMorgan, jury trials, lawsuits, lending guidelines, liabilities, LITIGATION, litigation costs, loan files, LOAN MODIFICATION, loss causation, loss estimates, LTV, MBS, media coverage, Merrill Lynch, misrespresentation, modification, monoline actions, mortgage fraud, motions to dismiss, negligence and recklessness, private label MBS, procedural hurdles, putbacks, quiet title, quinn emanuel, ratings agencies, rep and warranty, Repurchase, rescission, RESPA, RMBS, securities, securities laws, securitization, shareholder lawsuits, sole remedy, sophistication, stability, standing, statistical sampling, statutes of limitations, subpoenas, successor liability, TILA audit, too big to fail, trustee, TRUSTEES, underwriting practices, Wall St., WAMU, WEISBAND
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CLE SEMINAR: SECURITIZATION WORKSHOP FOR ATTORNEYS — REGISTER NOW CLICK HERE TO RESERVE GROUP RATE AT HILTON SEE LIVINGLIES LITIGATION SUPPORT AT LUMINAQ.COM Suit Filed Incorporating Agency Sanctions and Consent Decrees from Last Week “And most importantly, Fagan goes again to the heart of the securitization illusion, the falsity of the presentations made to both […]

Tags: appraisal fraud, borrower, damages, disclosure, FAGAN, foreclosure, foreclosure defense, foreclosure offense, FORMS, fraud, investor-lenders, investors, Lender Liability, lenders, Pleading, predatory lending, quiet title, rescission, RESPA, securitization, TILA audit, trustee, Wells Fargo
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COMBO Title and Securitization Search, Report, Documents, Analysis & Commentary We all know the expression about the light at the end of the tunnel being an oncoming train. Title agents and title carriers are in the middle of a tunnel intersecting with other tunnels each with a light of an oncoming train. In a word, […]

Tags: CAUSES OF ACTION, damages, mortgage backed securities, title, title agency, title policy
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TOP READER PICKS FOR SERVICES AND PRODUCTS “My mortgage was $124,000…property was titled to the lender after foreclosure and conveyed to Fannie Mae for $132,000…property was then transferred to new purchaser for $156,000…all my equity was lost because lender would not work with me…am I entitled to any portion of Fannie Mae’s profit in selling […]

Tags: Auction, Charles Koppa, credit bid, damages, evidence, profit on sale, quiet title, TILA
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SERVICES YOU NEED EDITOR’S NOTE: Well it has finally happened. Three years ago I couldn’t get a single lawyer anywhere to consider this line of work. I predicted that this area of expertise in their practice would dwarf anything they were currently doing including personal injury and malpractice. I even tried to guarantee fees to […]

Tags: affidavits, allonge, assignments, damages, fraud, GMAC, Indorsements, Ny Times, slander of title, Streitfeld, Substitution of Trustee, wrongful foreclosure
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SERVICES YOU NEED From testimony in a Chase case, same as dozens of others I have seen —- Q. So if you didn’t review any books, records, and documents or computerized records, how is it that you had personal knowledge of all the matters contained therein? A. Well, I have personal knowledge that my staff […]

Tags: affidavits, Ally, damages, foreclosures, fraud, GMAC, personal knowledge, slander of title
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Investment banks bundled mortgage loans into securities and then often rebundled those securities one or two more times. Those securities were given high ratings and sold to investors, who have since lost billions of dollars on them. Editor’s Note: The significance of this report cannot be overstated. Not only did the investment bankers LOOK for […]

Tags: accounting, Bank of America, BofA, bundled, BURDEN OF PROOF, Charles Koppa, Citigroup Inc, Countrywide Home Loans, damages, Deutsche Bank AG, Fitch ratings, Goldman Sachs, GRETCHEN MORGENSON, guaranteed to fail, injunction, JP Morgan Chase, Louise Story, Merrill Lynch, modifications, Moody's Investor Service, prima facie case, rebundled, securitization, short sales, Standard & Poor's, Substitute Trustee, The New York Times, yield spread premium
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Editor’s Note: Judges are quick to jump on the TILA Statute of Limitations by imposing the one year rule for rescission and damages. But there is more to it than that. First the statute does NOT cut off at one year except for items that are apparent on the face of the closing documentation; so […]

Tags: 215 F.R.D. 26, 30 (D. Mass. 2003)., brad keiser, damages, enforcement, expert, forensic analyst, McIntosh v. Irwin Union Bank & Trust Co., notary was improperly applied, one year, pretender lenders, Public records, rescission, securitization, statute of limitiations, three years, TILA, truth in lending, U.S.C. § 1641(e), violation is revealed
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