AKRON, Ohio – The Cuyahoga County judge charged in the county corruption investigation for allegedly fixing a foreclosure case has been found guilty on three of the five charges he was facing. The federal jury returned the verdict against Judge Steven Terry shortly before 2 p.m. Monday in Akron. Terry, who was facing five […]
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This Draft was mentioned in the [IN RE VEAL] On March 29, 2011, the PEB released for public comment its Draft Report on UCC Rules Applicable to the Assignment of Mortgage Notes and to the Ownership and Enforcement of Those Notes and the Mortgages Securing Them. The PEB is now reviewing the comments received by the submission […]
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Uniform Law Commission 111 N. Wabash Ave., Suite 1010, Chicago, IL 60602 312-450-6600, http://www.uniformlaws.org Contact: Michael Kerr, ULC Legislative Director, michael.kerr@uniformlaws.org Katie Robinson, ULC Communications Officer, katie.robinson@uniformlaws.org For Immediate Release: Seven states have enacted the 2010 Amendments to Article 9 of the UCC June 15, 2011 – Seven states – Indiana, Minnesota, Nebraska, Nevada, North Dakota, Texas, and Washington – are the first […]
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This isn’t the first time. For the first from 2002 go to THE FLORIDA BAR vs. DAVID J. STERN IN THE SUPREME COURT OF FLORIDA THE FLORIDA BAR, Complainant, v. DAVID JAMES STERN, Respondent. ——————–~/ Excerpt: By the conduct set forth above, respondent violated the following R. Regulating Fla. Bar: A. Rule 3-4.2 [Violation of the Rules of Professional Conduct as adopted by […]
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MURRIETA, Calif. (KABC) — A family is being told the house they thought they bought in Murrieta actually belongs to someone else. The family says they can’t stop making their mortgage payments. “Even though you’ve made your payments in full every month, you could get a knock at the door saying get […]
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REUTERS- (Reuters) – U.S. regulators could file civil fraud charges against some credit-rating agencies for their role in developing mortgage-bond deals that helped bring about the financial crisis, the Wall Street Journal reported, citing people familiar with the matter. The Journal said the Securities and Exchange Commission was reviewing the conduct of companies including McGraw Hill’s […]
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Via: Prof. Adam Levitin You have to read Do We Have a Fraud Problem? The Case of the Mysteriously Appearing Allonge, to understand where this is coming from but here is a sample of what the professor says about the case below: Which brings us to BONY v. Faulk. In this case, the foreclosure filing included […]
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“Now allonges. An allonge isn’t a delicious throat-soothing lozenge from Switzerland. It’s a piece of paper that goes a-long with the note. The allonge is basically an overflow sheet for extra endorsements” Prof. Adam Levitin: I have generally been willing to give mortgage servicers, servicer support shops (like LPS), and foreclosure attorneys the benefit of […]
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By Lynn E. Szymoniak, ESQ False Statements Lender Processing Services Maiden Lane ABS 2008-1 Action Date: June 16, 2011 Location: New York, NY Who Else Relied on Mortgage Assignments From Lender Processing Services to Foreclose? In the past few weeks, Fraud Digest has reported on NovaStar, Bear Stearns and WaMu Trusts. These trusts almost always do not have the […]
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WSBTV- FULTON COUNTY, Ga. — Fulton County’s clerk of court said homeowners from across the country have filed complaints questioning the credentials of notaries who signed their mortgage documents. Cathelene “Tina” Robinson said she’s already revoked certifications from several of the notaries involved. “As a notary, your job is to prevent fraud,” said Robinson, who […]
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NakedCapitalism- One of the striking things, as the mortgage crisis has ground on, is how persistent and to some degree effective the industry incumbents have been in influencing news stories. One can argue they’ve been more successful than the TBTF banks, perhaps because if you can tank the global economy, keep your […]
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JPMORGAN CHASE BANK, NATIONAL ASSOCIATION AS PURCHASER OF THE LOANS AND OTHER ASSETS OF WASHINGTON MUTUAL BANK, FORMERLY KNOWN AS WASHINGTON MUTUAL BANK, FA (THE “SAVINGS BANK”) FROM THE FEDERAL DEPOSIT INSURANCE CORPORATION, ACTING AS RECEIVER FOR THE SAVINGS BANK AND PURSUANT TO ITS AUTHORITY UNDER THE FEDERAL DEPOSIT INSURANCE ACT, 12 U.S.C. 9 1821(D), -versus- FREDERICK W. […]
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3 We note that Turner’s argument that Deutsche Bank possessed unclean hands is an equitable defense to the merits of this lawsuit. This is an issue for the chancery court to consider on remand. ANGELA L. TURNER v. DEUTSCHE BANK NATIONAL TRUST COMPANY Excerpts: ¶1. Deutsche Bank National Trust Company initiated a foreclosure action in the Warren County Chancery Court and […]
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Oregonian- Bank of America said today it mistakenly sent nearly 5,000 Oregonians letters claiming they owe property taxes and might be risking foreclosure when they, in fact, don’t. Washington County Department of Assessment and Taxation director Rich Hobernicht estimates his office has received 1,000 calls since Monday from homeowners who received […]
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NOTICE TO THE BAR NJ RESIDENTIAL MORTGAGE FORECLOSURE RULES – AMENDMENTS TO RULES. 4:64-1 AND 4:64-2; REVISED FORM CERTIFICATIONS/ AFFIDAVITS Scribd iPaper(57973225, ‘key-15kct5f0vun9pigfxemy’, 600, 600); © 2010-11 FORECLOSURE FRAUD | by DinSFLA. All rights reserved. http://www.StopForeclosureFraud.com Tweet This! Email this via Gmail Share this on Facebook Subscribe to the comments for this post? Email this to a friend? Share this on Reddit Share this on del.icio.us Share this on […]
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HuffPO- In Chicago, it’s the sale of parking meters to the sovereign wealth fund of Abu Dhabi. In Indiana, it’s the sale of the northern toll road to a Spanish and Australian joint venture. In Wisconsin it’s public health and food programs, in California it’s libraries. It’s water treatment plants, schools, […]
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MOST POPULAR ARTICLES DISCOUNT FOR EARLY BIRD REGISTRATION RUNS OUT ON JUNE 22 CLICK HERE TO REGISTER FOR 2 DAY GARFIELD CONTINUUM CLE SEMINAR GET COMBO TITLE AND SECURITIZATION ANALYSIS – CLICK HERE “The number of underwater mortgages is vastly understated by this revelation. Practically every residential real estate transaction in the last 10+ years […]
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MOST POPULAR ARTICLES DISCOUNT FOR EARLY BIRD REGISTRATION RUNS OUT ON JUNE 22 CLICK HERE TO REGISTER FOR 2 DAY GARFIELD CONTINUUM CLE SEMINAR GET COMBO TITLE AND SECURITIZATION ANALYSIS – CLICK HERE This is the print preview: Back to normal view » Arthur Delaney arthur@huffingtonpost.com | HuffPost Reporting Homeowner Beats Bank Of America In […]
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MOST POPULAR ARTICLES DISCOUNT FOR EARLY BIRD REGISTRATION RUNS OUT ON JUNE 22 CLICK HERE TO REGISTER FOR 2 DAY GARFIELD CONTINUUM CLE SEMINAR GET COMBO TITLE AND SECURITIZATION ANALYSIS – CLICK HERE Retaining Foreclosure Defense Attorney After Post Judgment Mark Stopa Esq. http://www.stayinmyhome.com I had an awesome day today, as I was able to […]
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MOST POPULAR ARTICLES DISCOUNT FOR EARLY BIRD REGISTRATION RUNS OUT ON JUNE 22 CLICK HERE TO REGISTER FOR 2 DAY GARFIELD CONTINUUM CLE SEMINAR GET COMBO TITLE AND SECURITIZATION ANALYSIS – CLICK HERE CONTESTED FORECLOSURES HAVING HUGE EFFECT Foreclosure filings have fallen for eight straight months on a year-over-year basis as banks rework their documentation […]
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MOST POPULAR ARTICLES DISCOUNT FOR EARLY BIRD REGISTRATION RUNS OUT ON JUNE 22 CLICK HERE TO REGISTER FOR 2 DAY GARFIELD CONTINUUM CLE SEMINAR GET COMBO TITLE AND SECURITIZATION ANALYSIS – CLICK HERE EDITOR’S COMMENT: Each day, week, month, quarter and year is the same. Bad news, but the “experts” say it will get better. […]
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MOST POPULAR ARTICLES DISCOUNT FOR EARLY BIRD REGISTRATION RUNS OUT ON JUNE 22 CLICK HERE TO REGISTER FOR 2 DAY GARFIELD CONTINUUM CLE SEMINAR GET COMBO TITLE AND SECURITIZATION ANALYSIS – CLICK HERE FROM THE WEISBAND APPEAL we can see that the absence of objections and denials was relied upon heavily by both the trial […]
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MOST POPULAR ARTICLES DISCOUNT FOR EARLY BIRD REGISTRATION RUNS OUT ON JUNE 22 CLICK HERE TO REGISTER FOR 2 DAY GARFIELD CONTINUUM CLE SEMINAR GET COMBO TITLE AND SECURITIZATION ANALYSIS – CLICK HERE Goldman Sachs Perverted the Markets “To establish many of its short positions, the Senate report says, Goldman created new securities, backed them […]
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MOST POPULAR ARTICLES DISCOUNT FOR EARLY BIRD REGISTRATION RUNS OUT ON JUNE 22 CLICK HERE TO REGISTER FOR 2 DAY GARFIELD CONTINUUM CLE SEMINAR GET COMBO TITLE AND SECURITIZATION ANALYSIS – CLICK HERE RESTLESS CONSUMERS GROW WEARY OF BANK CONTROL OVER REGULATION “Regulators have missed more than two dozen deadlines for new Dodd-Frank rules, which […]
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MOST POPULAR ARTICLES DISCOUNT FOR EARLY BIRD REGISTRATION RUNS OUT ON JUNE 22 CLICK HERE TO REGISTER FOR 2 DAY GARFIELD CONTINUUM CLE SEMINAR GET COMBO TITLE AND SECURITIZATION ANALYSIS – CLICK HERE LIVINGLIES VALIDATED IN 4TH STATE IN AS MANY DAYS EDITOR’S NOTE: In plain language the “securitization” of loans at least with respect […]
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MOST POPULAR ARTICLES DISCOUNT FOR EARLY BIRD REGISTRATION RUNS OUT ON JUNE 22 CLICK HERE TO REGISTER FOR 2 DAY GARFIELD CONTINUUM CLE SEMINAR GET COMBO TITLE AND SECURITIZATION ANALYSIS – CLICK HERE FROM MARY COCHRANE: MANY THANKS FOR YOUR EXCELLENT WORK Do you know what ‘xxx’ your loan is inside of? Do you know […]
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MOST POPULAR ARTICLES GET COMBO TITLE AND SECURITIZATION ANALYSIS – CLICK HERE LIVINGLIES VINDICATED BY THIRD APPELLATE DECISION IN AS MANY DAYS SOUTH FLORIDA SEMINAR FILLING UP — REGISTER TODAY TO GET EARLY BIRD DISCOUNT FOR EARLY BIRD REGISTRATION RUNS OUT ON JUNE 15 CLICK HERE TO REGISTER FOR 2 DAY GARFIELD CONTINUUM CLE SEMINAR […]
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MOST POPULAR ARTICLES GET COMBO TITLE AND SECURITIZATION ANALYSIS – CLICK HERE GET NEWSLETTER: FOR PASSWORD BECOME MEMBER AND LOOK AT YOUR EMAIL Filed under: bubble, CDO, CORRUPTION, currency, Eviction, foreclosure, GTC | Honor, Investor, Mortgage, securities fraud Tagged: foreclosure, foreclosure defense, foreclosure offense, foreclosures, securitization, TILA audit
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MOST POPULAR ARTICLES GET COMBO TITLE AND SECURITIZATION ANALYSIS – CLICK HERE — EVIDENCE COUNTS!!! click-here-to-register-for-seminar WHY YOU NEED TO ATTEND GARFIELD CONTINUUM SEMINAR If you don’t understand why the bundling of mortgages at the level of the investment banks is important to your case(s) involving securitized mortgages, then you don’t “get it” yet. […]
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MOST POPULAR ARTICLES GET COMBO TITLE AND SECURITIZATION ANALYSIS – CLICK HERE — EVIDENCE COUNTS!!! “the Court will not participate in a process where OneWest increases its profits by disobeying the rules of this Court and by providing the Court with erroneous information“ NEW NOTE GAMBIT ANGERS JUDGE EDITOR’S COMMENT: We’ve been watching this for […]
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MOST POPULAR ARTICLES GET COMBO TITLE AND SECURITIZATION ANALYSIS – CLICK HERE — EVIDENCE COUNTS!!! NEIL GARFIELD, GARFIELD CONTINUUM SEMINARS, LIVINGLIES VINDICATED IN FULL NO MERIT TO FORECLOSURE ACTIONS, PAST PRESENT OR FUTURE UNLESS THE REAL CREDITOR IS PRESENT. BURDEN OF PROOF SHIFTS TO PRETENDERS 57568003-IN-RE-VEAL-w “IN THIS CASE, ONE COMPONENT OF PRUDENTIAL STANDING IS […]
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MOST POPULAR ARTICLES GET COMBO TITLE AND SECURITIZATION ANALYSIS – CLICK HERE Dear Scott, and all ‘Consumers’ stop being bullied! Open up the windows and scream outside at the top of your lungs! Just like in the move was it in BROOKLYN? ‘I AM NOT GOING TO TAKE THIS ANYMORE”? Consumers are in danger of […]
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MOST POPULAR ARTICLES GET COMBO TITLE AND SECURITIZATION ANALYSIS – CLICK HERE EDITOR’S NOTE: They report this like $20 billion is a big number. The Banks caused tens of trillions of dollars in damages, stole $13 trillion from investors, stole some $5 trillion worth of property from homeowners who legally still probably own the property […]
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MOST POPULAR ARTICLES GET COMBO TITLE AND SECURITIZATION ANALYSIS – CLICK HERE — EVIDENCE COUNTS!!! The Uncertainty Tax By THOMAS L. FRIEDMAN If you want to understand why the unemployment rate has been stubbornly lodged around 9 percent, a good place to start is with the eye-popping mortgage statistics released last week by the economic […]
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MOST POPULAR ARTICLES GET COMBO TITLE AND SECURITIZATION ANALYSIS – CLICK HERE ANOTHER LOSS FOR DEUTSCH BANK Home sweet foreclosed home: Queens man returns to home after judge overrules bank’s foreclosure BY Robert Gearty DAILY NEWS STAFF WRITER Sunday, June 5th 2011, 4:00 AM Johnny Ferreira may be the luckiest guy in Queens. Ninety-nine […]
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MOST POPULAR ARTICLES GET COMBO TITLE AND SECURITIZATION ANALYSIS – CLICK HERE EDITOR’S NOTE: It is this simple: Nobody wants modifications except homeowners. Everyone else profits from pretending to have a mortgage modification process and then foreclosing. It is the biggest land grab in history. Big Banks Penalized for Performance in Mortgage Modification Program By […]
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Just Cause Eviction Ordinance Richmond City Council Passes Just Cause Eviction Ordinance Tenants protected from unfair evictions from foreclosed home “It’s unfair for a tenant in good standing to be thrown out of their home because of a foreclosure that they could not prevent.” -Richmond City Council member, Dr. Jeff Ritterman “We see tenants who […]
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Do We Have a Fraud Problem? The Case of the Mysteriously Appearing Allonge posted by Adam Levitin I have generally been willing to give mortgage servicers, servicer support shops (like LPS), and foreclosure attorneys the benefit of the doubt when it comes to documentation irregularities (to put it mildly) in foreclosures. My working assumption up […]
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2924 unconstitutional Check out this pro per complaint they raise some interesting issues. PJATSI+Supplemental+Complaint+March+25+2011 Filed under: 2924, Foreclosure Tagged: 2924, civil code 2924, Foreclosure, foreclosure defense, foreclosure offense, foreclosures, lis pendence, litigation, unconstitutional
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20. TIME: 9:00 CASE#: MSC11-00162 CASE NAME: CHRISTINA PENNES vs. PNC MORTGAGE HEARING ON DEMURRER TO COMPLAINT of PENNES FILED BY PNC BANK, NATIONAL ASSOCIATION * TENTATIVE RULING: * Defendant PNC Bank, N.A.’s Demurrer to each cause of action within the Complaint is sustained with leave to amend in part and without leave […]
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Filipino Homeowners Get Principal Reduction Relief Written by admin Featured News, News Highlights, Top StoriesJun 8, 2011 By Henni Espinosa, ABS-CBN North America Bureau June 8, 2011 UNION CITY, Calif. – Amy and Peter Asi, who lost both their jobs in 2009, almost gave up on their home. For two years, they had asked their […]
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BOMBSHELL- ANOTHER 2ND DCA SMACKDOWN- KONSULIAN! June 1st, 2011 Paragraph 22 of almost every mortgage contains a provision that requires the plaintiff to provide notice and an opportunity to cure the default prior to foreclosure. The principle behind this paragraph and the right to cure is not just a helpful little piece for the defendant, […]
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Posted on May 26, 2011 by Neil Garfield GET COMBO TITLE AND SECURITIZATION ANALYSIS – CLICK HERE EDITOR’S COMMENT: Here is our problem writ large. The commentary written by Shedlock (see below) is basically on the side of punishing the banks for their wrongdoing, but not giving any relief to borrowers. The logic behind the […]
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Statutes of Limitations for TILA and RESPA Claims – For TILA claims, the statute of limitations for actions for damages runs one year after the loan origination. 15 U.S.C. § 1640(e). For actions seeking rescission, the statute of limitations is three years from loan origination. 15 U.S.C. § 1635(f). For RESPA, actions brought for lack […]
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Applicability of US Bank v. Ibanez – The Ibanez case, 458 Mass. 637 (January 7, 2011), does not appear to assist Plaintiff in this action. First, the Court notes that this case was decided by the Massachusetts Supreme Court, such that it is persuasive authority, and not binding authority. Second, the procedural posture in this […]
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Res Judicata Effect of Prior UD Action – Issues of title are very rarely tried in an unlawful detainer action and moving party has failed to meet the burden of demonstrating that the title issue was fully and fairly adjudicated in the underlying unlawful detainer. Vella v. Hudgins, 20 Cal. 3d 251, 257 (1977). The […]
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Promissory Estoppel – “The doctrine of promissory estoppel makes a promise binding under certain circumstances, without consideration in the usual sense of something bargained for and given in exchange. Under this doctrine a promisor is bound when he should reasonably expect a substantial change of position, either by act or forbearance, in reliance on his […]
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Unargued Points – “Contentions are waived when a party fails to support them with reasoned argument and citations to authority.” Moulton Niguel Water Dist. v. Colombo, 111 Cal. App. 4th 1210, 1215 (2003). Filed under: I Have a Plan
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Responding on the Merits Waives Any Service Defect – “It is well settled that the appearance of a party at the hearing of a motion and his or her opposition to the motion on its merits is a waiver of any defects or irregularities in the notice of the motion.” Tate v. Superior Court, 45 […]
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Cause of Action for Intentional Infliction of Emotional Distress – Collection of amounts due under a loan or restructuring a loan in a way that remains difficult for the borrower to repay is not “outrageous” conduct. Price v. Wells Fargo Bank, 213 Cal. App. 3d 465, 486 (1989). Perhaps its when a Marshall is making […]
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<=”” a=””>– Cause of Action for Violation of Bus. & Prof. Code § 17200 – “The UCL does not proscribe specific activities, but broadly prohibits any unlawful, unfair or fraudulent business act or practice and unfair, deceptive, untrue or misleading advertising. The UCL governs anti-competitive business practices as well as injuries to consumers, and has as […]
SEE LIVINGLIES LITIGATION SUPPORT AT LUMINAQ.COM EDITOR’S NOTE: Finding that lawyers and judges are confused about the meaning and use of terms like “real party in interest” and “standing,” it hardly comes as a surprise that pro se litigants and other homeowners are confused as well. These concepts, which have been used and abused for […]
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Review Pleadings “Corrective” Assignment Lender Processing Admission by Shapiro Law Firm that Linda Green was NOT authorized to sign by MERS. 10 VERSIONS LINDA GREEN 10 VERSIONS OF LINDA GREEN SIGNATURES ON MORTGAGE DOCUMENTS 20 TITLES LINDA GREEN MORTGAGE ASSIGNMENTS SHOWING 20 DIFFERENT JOB TITLES USED BY LINDA GREEN 4 VERSIONS TYWANNA THOMAS 4 VERSIONS […]
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If Linda Green or any of the other docx companies signed any of your assignments or substitution of trustee this might be your complaint: mccandlessrobosignercomplaintlindagreenrobo signer Timothy L. McCandless, Esq. SBN 147715 LAW OFFICES OF TIMOTHY L. MCCANDLESS 1881 Business Center Drive, Ste. 9A San Bernardino, CA 92392 Tel: 909/890-9192 Fax: 909/382-9956 Attorney for Plaintiffs […]
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By Neil Garfield Both the class action lawyers and the AG offices are looking for settlements that will cure the “foreclosure” problem. This is based upon the perceived benefit of getting the foreclosures either litigated or settled, SO THE “MARKET” CAN RESUME “FORWARD” MOTION. But what if the basic transaction was so defective […]
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April 30, 2011 by Filed under Loan modification advice Leave a comment One of the most tough financial institutions to deal with, it seems, when it comes to Loan Modification is Bank of America, here is the experience of successful mortgage owners when dealing with Bank of America: “For the last year I have been […]
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Coldwell Banker Mortgage messes with the wrong Soldier and gets SHOT DOWN IN FLAMES WITH 20 MILLION DOLLAR JUDGEMENT. Posted by Foreclosure Defense Attorney Steve Vondran on March 23, 2011 · 2 Comments OUCH – BANKS MESSES WITH SOLDIER AND LOSES AT TRIAL! CAN’T A SOLDIER GET A LITTLE RESPECT HERE? THE CASE IS 4:09-CV-00146-CDL, […]
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Because of the significant increase in defaults and foreclosures, mortgage servicers need to understand the duties and liabilities the law imposes upon foreclosure trustees. Litigation based upon trustee error can slow, stop or invalidate foreclosures and impair the servicer’s ability to dispose of properties following foreclosure. When borrowers refinance or pay off during foreclosure, trustees […]
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Share March 31, 2011 Posted In: Mortgage By Law Office of James J. Falcone on March 31, 2011 9:50 PM | Permalink In a recent court decision homeowners in Los Angeles were foreclosed. The foreclosing lender then filed an eviction action (unlawful detainer); the former owners stipulated the eviction judgment. The Homeowners filed suit for […]
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Recently, many California Courts have been dismissing lawsuits filed to stop non-judicial foreclosures, ruling that the non-judicial foreclosure statutes occupy the field and are exclusive as long as they are complied with. Thus, in the case where a notice of default is recorded and a lawsuit then filed in response to stop the foreclosure since […]
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THE ROOT OF FORECLOSURE DEFENSE The Pooling and Servicing Agreement (PSA) is the document that actually creates a residential mortgage backed securitized trust and establishes the obligations and authority of the Master Servicer and the Primary Servicer. The PSA is the heart and root of all securitized based foreclosure action defenses. The PSA establishes that […]
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Press Release Release Date: April 13, 2011 For immediate release The Federal Reserve Board on Wednesday announced formal enforcement actions requiring 10 banking organizations to address a pattern of misconduct and negligence related to deficient practices in residential mortgage loan servicing and foreclosure processing. These deficiencies represent significant and pervasive compliance failures and unsafe and […]
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Mortgage Asistance 877-227-4341 