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Three Hundred Billion to compensate homeownners “really?” no probably 50 bucks a case!!!

Millions of current and former homeowners will have a chance to get their foreclosure cases examined to determine whether they should be compensated for banks’ mistakes, under a wide-ranging review being planned by federal regulators. Ssoo let’s see 6 Million foreclosures 50,000.00 each that’s 300 BILLION I think they are going to sweep this under the carpet just like the Countrywide deal and say they fixed it. I believe that the only way to get compensated is through litigation although this is a great admission and could be used in future litigation.

The review process, which could be unveiled in the next few weeks, will be open to borrowers who were in some stage of foreclosure in 2009 or 2010. Estimates prepared by the Office of the Comptroller of the Currency, which will oversee the review, indicate that 4.5 million borrowers could be eligible for review.

John Walsh, acting head of the OCC, unveiled some aspects of the plan in a speech last month to banking executives, when he said the agency was exploring “the best means of ensuring that injured homeowners had the opportunity to seek relief,” when they were harmed by lender improprieties.

WSJ’s Nick Timiraos has details of a plan by which 4.5 million homeowners who faced foreclosure in 2009 and 2010 could face a review of their foreclosure procedures due to errors by banks. Photo by John Moore/Getty Images

The process will include a broad public-outreach campaign, including direct mail to eligible borrowers and a single website and toll-free number. The reviews will be conducted by independent third-party companies that were hired earlier this year by 14 banks that signed consent orders in April with the OCC and the Federal Reserve. The regulators had to sign off on the selection of these companies.

“It’s a substantial undertaking at great expense to the banks,” said Tim Rood, a partner at Collingwood Group, a housing-finance consulting firm.

Borrowers who are determined to have suffered “financial injury” could be eligible for compensation that would be determined on a case-by-case basis by the third-party firms. Borrowers will have to request reviews before a cutoff date, likely to fall near the end of the first quarter of 2012. It hasn’t been determined whether borrowers that accept restitution would have to agree to surrender related legal claims.

Regulators declined to provide estimates of the amount of money that injured borrowers might receive or how much the program might cost lenders.

However, few if any borrowers are expected to have foreclosures overturned.

The review process is one of several continuing efforts to address disclosures that surfaced a year ago over banks’ use of “robo-signers,” bank employees who signed off on huge numbers of legal foreclosure filings daily and falsely claimed in the documents to have personally reviewed each case. The disclosures prompted some judges to question the veracity of other bank foreclosure practices.

The process is separate from the months-long talks between federal agencies, state attorneys general and banks to reach a multibillion-dollar settlement over foreclosure abuses. That effort took a big step backwards Friday, when California Attorney General Kamala D. Harris called the deal “inadequate” and pulled out of the settlement talks.

The loss of California could cripple any settlement because the state has among the nation’s highest volumes of foreclosures. Banks are less likely to agree to the $25 billion price tag pushed by federal and state officials without the participation of California. Banks, federal officials and state attorneys general are set to resume meetings in Washington on Tuesday.

Representatives for both sides said they still hope to reach an agreement despite Friday’s setback. The banks “remain committed to the dialogue and continue to believe that a global settlement would be an effective means of supporting the recovery of the housing market and helping to strengthen the economy,” said one person familiar with the banks’ thinking.

“We are still full-steam ahead,” said a spokesman for Iowa Attorney General Tom Miller, who is spearheading the 50-state negotiations. “With or without some states, we are still moving forward.”

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Bloomberg NewsBorrowers who suffered ‘financial injury’ could be eligible for compensation. Here, a foreclosure sign hangs in front of a house in Canton, Mich., in March.

In the OCC review process, financial injury could cover a wide range of misrepresentations or errors committed by mortgage companies, according to people familiar with the process.

Banks could be liable if they miscalculated mortgage payments or applied impermissible fees or penalties. A handful of borrowers have alleged that mortgage-servicing companies, for example, improperly placed expensive insurance coverage onto their mortgage, pushing them into default and preventing them from becoming current with their payments.

Borrowers may be able to receive compensation if the review finds that the bank moved a borrower to foreclosure while the bank was receiving partial payments as part of a trial or permanent loan modification. Compensation might also be due if borrowers provide evidence that they provided the necessary documentation required to qualify for a modification but were denied the modification.

A separate report to be released on Tuesday raises new questions over Fannie Mae‘s oversight of the attorneys that conduct foreclosures on its behalf. The report, from the inspector general for the Federal Housing Finance Agency, faulted Fannie for inadequate oversight of those firms

Since 2008, Fannie has required its mortgage servicers to use designated law firms that are part of its “retained attorney network.” The network arrangement allows Fannie to negotiate discounted rates with approved firms, which in turn can lock in business from the nation’s largest mortgage investor.

The report said that in June 2010, the FHFA conducted a two-day field visit to Florida, where it found that “documentation problems were evident and law firms…were not devoting the time necessary to their cases due to Fannie Mae’s flat fee structure and volume-based processing model.”

FHFA staff subsequently informed senior Fannie officials that its attorneys were “increasingly unprepared when they enter the courtroom,” leading to a larger backlog of foreclosures.

Fannie Mae declined to comment on the report.

Tags: & EMPLOYMENT COUNSELORS – CC 1812.500 et seq. Contract Cancellation Employment Counseling – CC 1812.511(a)(6) Job Listing – CC 1812.516(a)(6) Nurses Registry – CC 1812.526(e)(2) ENDLESS CH, (a)(10), (a)(10) By Telephone (see Telephonic Sellers) Installment Automobiles (see Automobile Sales Finance Act) Consumer Goods and Services (see Unruh Act) Multiple Units or Additional Products – B&P 1, (a)(12) G GAMBLING CONTROL ACT – B&P 19800 et seq. GENDER-BASED PRICE DISCRIMINATION – CC 51.6 GIFTS OR PRIZES Conditional Offers – B&P 17537 Sales Presentation. Notice of – B&P 17, (a)(12) Toys – B&P 17531.1 UNFAIR Competition – B&P 17200 et seq., (a)(16) Service Contracts (see Service Contracts) Warranty (see Warranties) Warranty Repair Standards (see Warranties) RETAIL INSTALLMENT SALES (see Unruh Sales Act) RETURN POLICY DISPLAY REQUIREMENTS, (a)(5) MOBILEHOME RESIDENCY LAW – CC 798 et seq. MOBILEHOME WARRANTIES – CC 1797 et seq. MONEY EXCHANGE HOUSES – B&P 22515 et seq. MORTGAGE FORECLOSURE CONSULTANTS – CC 2945 et seq. Contra, (a)(7) Worth/Value/Former Price – B&P 17501, (b) Prohibited Conduct – CC 1789.13, (e) Form Contract – 16 CCR 3890 UNLICENSED PROVIDERS OF GOODS OR SERVICES (Treble Damages) – CCP 1029.8 UNPAID WAGES – LC 203, (e) Return – CC 1950.5(f), (g) Service of Notice Upon Tenant- CCP 1162 Service of Summons – CCP 415.10 et seq. Unlawful Detainer – CCP 1161 Unlawful Detainer Assistants (see Unlawful Detainer Assistants) Untenantable Dwelli, 1, 1.5, 11015.5 Reproductive Health Care – GC 6218 et seq. Security Breach Notice – CC 1798.29, 11713.1, 1174.25, 1174.3 Habitability – CC 1941, 12 CFR 226 Discrimination Prohibitions – CC 1747.80, 12 CFR 226.12(b) CREDIT REPAIR AGENCIES (Credit Service Organizations) – CC 1789.10 et seq., 12 CFR 226.12(c) Credit CARD Act of 2009 – Public Law 111-24, 12 CFR 226.13 Cancellation – CC 1747.85 Cardholder’s Claims and Defenses – CC 1747.90, 12 CFR 226.15, 12 CFR Part 213 CONSUMER LEGAL REMEDIES ACT – CC 1750 et seq. CONSUMER LOANS (see Lenders) CONTEST OPERATIONS – B&P 17539–17539.3 Definitions – B&P 17539.3, 12 CFR Part 213 Lost – CC 2080 et seq. Tenant’s – CC 1965, 12 CFR Part 213 Parking Lots (see Bailments) Lemon Law – CC 1793.22-1793.25 Odometer Provisions – VC 11713(n), 12 USC 3401 et seq Health Information (HIPAA) -45 CFR Parts 160 and 164 Identity Theft – CC 1798.92, 12 USC 3401 et seq. Properly Payable Items – Com. Code 4401 FINE ART Consignment – CC 1738 et seq. Sale of – CC 1740 et seq. FLOATING HOME RESIDENCY LAW – CC 800 et seq. FOOD, 13 CCR 260.00 Consignment Sales – VC 11729 et seq. Licensing and Responsibilities- VC 11700 et seq. Salespeople – VC 11800 et seq. AUTOMOBILE SALES FINANCE ACT Rees-Levering Act) – CC 2981-2984., 15 USC 1639(c) Homestead Filing Services (see Homestead Filing Services) Impound Accounts – CC 2954 et seq. Late Charges – CC 2954.4 Mechanics Lien (see Mechanics Lien) Sale Contract – 2985 et s, 15 USC 1667 et seq., 15 USC 1679 et seq. Contract Cancellation – CC 1789.16(a), 15 USC 1692 et seq. (federal Fair Debt Collection Practices Act) DECEPTIVE PRACTICES – B&P 17200 et seq., 15 USC 1692 et seq. FAIR PACKAGING AND LABELING ACT – B&P 12601 et seq. FALSE/DECEPTIVE ADVERTISING/STATEMENTS – B&P 17500 et seq. FAX UNSOLICITED ADVERTISEMENTS – B&P 17538.43, 15 USC 2304 LEASES (see Automobiles, 15 USC 2304 NEWSPAPER Advertisements Run in Good Faith – B&P 17502 Circulation Claims – B&P 17533 NUISANCE – CC 3479 et seq. O OCCUPANCY (Wrongful) – CC 3334 ON-TIME SERVICE CALLS AND, 15 USC 45 Limit on Quantity (Unadvertised) – B&P 17500.5, 15 USC 7701 et seq. (CAN SPAM Act) EMERGENCY RESPONSE UNIT (Cancellation Right) – CC 1689.6(b), 16 CFR 310.3 Live Voice Introduction – CC 1770(a)(22), 16 CFR 310.4 Information Charges (Disclosure) – PUC 2889, 16 CFR 429.1 Rescission – CC 1689 Telephone Sales – B&P 17511.5(e) Duress defined – CC 1569 Elements – CC 1565 Fraud – CC 1571-1574 Liquidated Damages – CC 1671 Menace defined – CC 1, 16 CFR 429.1 Sales Purpose, 16 CFR 444.1(k), 16 CFR Part 238 BILLS (INVOICE), 16 CFR Part 238 Business Address Disclosure – B&P 17538.5 Charitable Solicitations – B&P 17510 et seq. (includes on the internet) Comparisons/Substantiation – B&P 17508 Credit Terms, 16 CFR Part 260 False/Misleading – B&P 17500, 16 CFR Part 310 Automatic Dialing-Announcing Device (Robocalls) – CC 1770(a)(22), 16 CFR Part 310 TELEPHONE Billing/Collections (900/976 Numbers) – PUC 2884 et seq. (see also Fair Debt Collection Practices Act) Residential Services and Rates (Notices) – PUC 786 Sale of Telephon, 16 CFR Part 310 Telephone Number Directory – PUC 2891.1 Unsolicited Text Ads – B&P 17538.41 CHAIN LETTERS – PC 327, 16 CFR Part 3110, 16 CFR Part 3110 B BAD CHECK LAW – CC 1719, 16 CFR Part 3110 Contract Cancellation – B&P 17511.5(e), 16 CFR Part 425 USED MERCHANDISE Motor Vehicles – 16 CFR Part 455 Disclosure – B&P 17531, 16 CFR Part 429, 16 CFR Part 433 Contract – CC 1803.2 et seq., 16 CFR Part 435 MAXIMS OF JURISPRUDENCE – CC 3509 et seq. MECHANICS LIEN – CC 3109 et seq. MEDICAL INFORMATION (Confidentiality) – CC 56 et seq. MEMBERSHIP CAMPING CONTRACTS – CC 1812.300 et s, 16 CFR Part 700 et seq. MAIL/TELEPHONE/CATALOG SALES – B&P 17538 et seq., 1630.5 BAIT AND SWITCH – B&P 17500 (includes internet), 1630.5 PERSONAL EMERGENCY RESPONSE UNIT – CC 1689.6(b), 1675 et seq. DISABLED PERSONS (see Physically Disabled Persons) DISASTERS Home Restoration/Repair – CC 1689.6(c), 1689.13, 1689.14(a), 1689.7 LAUNDRIES/DRYCLEANERS Lien – CC 3051 Sale – CC 3066 LAWYERS (see Attorneys) LAYAWAY PRACTICES – CC 1749 et seq LEGAL DOCUMENT ASSISTANTS – B&P 6400 et seq. “LEMON LAW” – CC 17, 1689.7 Statute of Frauds (written contract required) – CC 1624, 1689.7(a)(2) EMPLOYMENT AGENCIES, 1689.7(a)(2) PERSONAL FINANCE LENDERS (see Lenders) PERSONAL PROPERTY Hiring (leasing/renting) – CC 1925 et seq., 1689.7(a)(3), 1710 et seq. FTC TRADE REGULATION GUIDES AND RULES Bait Advertising – 16 CFR Part 238 Cooling Off Period – 16 CFR Part 429 Credit Practices Rule – 16 CFR Part 444 Deceptive Pricing – 16 CFR Pa, 1717.5 Generally – B&P 6000 et seq., 17204, 1747.60, 1748.1 Unauthorized Use – CC 1747.10, 17507, 17509 (includes internet) Ownership/Control (Misrepresentation) – B&P 17505, 17509 (includes on the internet) Telephone and Communications Equipment – B&P 17361 et seq. SCALPING TICKETS – PC 346 SECURITIES – Corp. Code 25000 et seq. SECURITY DEPOSITS (see Landlord/Te, 17511.1 Unlawful – CC 1670.6 Venue – CCP 395(b) TELEVISION Repair – B&P 9800 et seq. Picture Tube Labels – B&P 17531.6 et seq. TICKET SELLERS – B&P 22500 et seq. TIMESHARE CONTRA, 17511.5 “Do Not Call” Lists – 47 USC 227(c)(1)(A), 17533.5 Television Picture Tubes – B&P 17531.6 et seq. Warranties (see Warranties) – CC 1795.5 USURY – Cal. Const., 17535 Penalties for Violating – CCP 1209 et seq., 17535.5 INNKEEPERS’ LIABILITY – CC 1859 et seq. INTENT TO MAKE SALES PRESENTATION – B&P 17533.8 INTEREST CHARGES Damages Contract Claims – CC 3287 Not Stated in Contract – CC 3289(b) Per, 17536 Consumers Legal Remedies Act – CC 1780 et seq. Damages (see Damages) Enhanced Penalties – B&P 17206.1, 17537.1 GIFT CERTIFICATES – CC 1749.45 et seq. GOVERNMENT FILES (see Information Practices Act and Public Record Act) GREY MARKET GOODS – CC 1797.8 et seq. GUARANTEES (see Warranties) GUARANTOR (W, 17539.5 Disclosures – B&P 17539.2 Disclosure of Intent to Make a Sales Presentation – B&P 17533.8 Sweepstakes Entries – B&P 17533.15 Unfair Acts – B&P 17539.1 CONSUMER PRIVACY, 17550.1, 17550.16 Travel Consumer Restitution Fund – B&P 17550.35 et seq. SEMINAR SALES – CC 1689.20 et seq. SENIOR CITIZENS (Enhanced Penalties for Fraud Against) – CC 1780(b), 17550.17 Refunds – B&P 17550.14 Registration – B&P 17550.20, 17550.2, 17550.24 Trust Account – B&P 17550.15(b), 17550.24(f) Delivery of Tickets – B&P 17550.15(c)(3), 1770(a)(19) Undue Influence – CC 1575 Unlawful – CC 1667 et seq. COSMETICS (see Food, 1785.11.1, 1785.11.6, 1785.19.5 PRIZES As Inducements – B&P 17537.1 Conditional Offer – B&P 17537 Disclosure of Intent to Make a Sales Presentation – B&P 17533.8 (includes internet) Misleading – B&P, 1789.17, 1789.19(a) D DAMAGES – CC 3281 et seq. Bad Checks (Treble Damages) – CC 1719 Interest as Damages – CC 3287 et seq. Liquidated Damages – CC 1671 Measure of Damages – CC 3300 et seq. Punitive, 1792.5, 1798.34 Limits on Disclosure – CC 1798.24 INJUNCTIVE RELIEF Granting – CCP 526 et seq., 1798.82, 1798.84 Social Security Numbers – CC 1798.85 et seq., 1799.101, 1799.102, 1799.1a Remedies – CC 1799.2 BUYING SERVICE (Discount) – CC 1812.100 et seq. C CALIFORNIA FINANCE LENDERS LAW – FC 22000 et seq. Definitions – FC 22000 et seq. Exemptions – FC 22050 et seq., 18 USC 1028 IMMIGRATION CONSULTANTS – B&P 22440 et seq. Contract Cancellation – B&P 22442(f) Form Contract – 16 CCR 3840 IMPLIED WARRANTY (see Warranty) INDEPENDENT WHOLESALE REPRESENTAT, 18 USC 1028 Information Practices Act – CC 1798 et seq. Insurance Records – IC 791 et seq Library Records – GC 6254, 18 USC 2710 VOCATIONAL SCHOOLS (Private Postsecondary Education Act of 2009) – 94800 et seq. Cancellation, 18 USC 2710 Voter Records – Election Code 2166.7, 18 USC 2721 Driver’s License Scanning – CC 1798.90.1 Educational Records (Family Educational Rights & Privacy Act of 1974 “FRRPA”) – 20 USC 1232g, 1803.10, 1804.1 Default/Repossession – CC 1812.2 et seq. Deficiency Judgment Prohibited – CC 1812.5 Delinquency Charges – CC 1803.6 Finance Charges – CC 1805.1 et seq., 1810.2 Penalties – CC 1812.6 et seq. Retail Installment Accounts – CC 1810.1 et seq. Sales by Mail/Telephone (Coverage of Act) – CC 1803.8 Security Interests – CC 1804.3 “Supervised Financia, 1812.215 Definitions – CC 1812.201 Disclosures – CC 1812.204 et seq. Remedies – CC 1812.218 et seq. SELLERS OF TRAVEL – B&P 17550 et seq Advertising – B&P 17550.15(k), 1812.30 et seq. Goods or Services Not Furnished – CC 1748.7 Issuance to Married Women – CC 1747.81 Late Charges – FC 4001 Marketing Information (Use Of) – CC 1748.12 Personal Identification �, 1812.304, 1812.304 MILITARY PERSONNEL IN SMALL CLAIMS COURT – CCP 116.540(e) MISREPRESENTATION(see also Advertising) Affiliation or Association – CC 1770(a)(3) Authority of Salesman or Agent – CC 1770(a)(, 1812.314(c) Contract Requirements – CC 1812.303, 1812.623(a)(5), 1812.625, 1812.626, 1812.635, 1812.638 et seq. Purchase Option – CC 1812.632 Reinstatement – CC 1812.631(b) REPAIR Appliance and Electronic – B&P 9800 et seq. Automobile – B&P 9880 et seq. Consumer Warranties – C, 1812.644 Collection Practices – CC 1812.638 Contract Disclosures and Terms – CC 1812.623 Lost or Damaged Item – CC 1812.627 Maintenance of Item – CC 1812.633 Prohibited Acts – CC 1812.624, 1818, 1822-1828 Parking Lot (Disclaimer of Liability) – CC 1630, 19151; 4 CCR 1300 et seq. Fire Retardant Mattresses – B&P 19161; 4 CCR 1371 Labeling – B&P 19080 et seq.; 4 CCR 1125 et seq. License Required – B&P 19049 Limitations on Guarantees �, 1941.1, 1942.3, 1945 Prepaid Rental Listing Service – B&P 10167 et seq. Repair and Deduct – CC 1942 Residential Hotels – CC 1940.1, 1955 et seq. Duty of Care – CC 1928 Duty to Repair – CC 1929 Leases – 15 USC 1667 et seq., 1980 et seq., 1980 et seq. “Arrieta” Claims (Pre-judgment Claim of Right of Possession) – CCP 415.46, 1985.4 Court Records – PC 964 Credit Card Address Change – CC 1747.06 Credit Card Numbers on Receipts – CC 1747.09 Domestic Violence Victims – CC 1798.79.8 Driver’s License Information – V, 2194, 22433 SMALL CLAIMS ACT – CCP 116.110 et seq. Definitions – 116.130 Fees – 116.230 Jurisdiction – 116.220 et seq. SONG–BEVERLY CONSUMER WARRANTY ACT (see also Warranties) – CC 1790 et seq., 22433 Stop Payment – CC 1719(b), 226.23, 227.3 UNRUH CIVIL RIGHTS ACT – CC 51 et seq. UNRUH ACT(Retail Installment Sales) – CC 1801et seq. Add-on Sales – CC 1808.1 et seq. Buyer Unable to Obtain Financing – CC 1803.9 Buyer’s Claims, 24007(b) Rentals – CC 1936 et seq. Subleasing – CC 3343.5, 28050 et seq., 2923.5, 2923.5 2923.5 2923.6 2924 2932.5 Audit bankruptcy california California cram down Chapter 13 civil code 2923.5 civil code 2924 Countrywide Cram down Cramdown criminal acts eviction FCRA FDCPA Federal, 2923.5 2923.6 2924 2932.5 Audit bankruptcy california California cram down Chapter 13 civil code 2923.5 civil code 2924 Countrywide Cram down Cramdown criminal acts eviction FCRA FDCPA Federal Jurisdi, 2923.6, 2924, 2932.5, 2982 “Cooling Off” Period – CC 2982(r) Deficiency Judgment – CC 2983.8 Prohibited Contractual Provisions – CC 2983.7 Rescission – CC 1689, 2982.1 RECLAIMED, 2982.1 REMEDIES Civil Penalties – B&P 17206, 2982.9, 2982.9 Reinstatement/Redemption – CC 2983.2, 2983, 2983.1, 2983.1 Refund of Down payment – CC 2982.5 2982.7, 2983.3 “Supervised Financial Organizations” – CC 2982.5 Venue – CC 2984.4 AUTOMATED CHECKOUT SYSTEMS, 2983.3 Repossession/Disposition – CC 2983.2, 2983.8 DEPOSITS (Real Estate) – CC 1057.3, 2984 Change in Contract Terms, 2986.12, 2986.3, 2986.4 Prohibited Practices – CC 2985.8(i), 2986.6, 2989.2 Spanish Language forms – CC 2991 VIDEO EQUIPMENT REPAIR – B&P 9800 et seq. VIDEO RENTAL RECORDS – CC 1799.3, 2989.4 Recisions – CC 2988.7 Refunds of Down payments – CC 2986.13 Reports to Consumer Credit Reporting Agencies – CC 2987(g) Residual Value – CC 2988, 326 CONSUMER CONTRACT AWARENESS ACT – CC 1799.200 et seq. CONSUMER CREDIT Credit Card Disclosures – CC 1748.10 et seq. Contracts – CC 1799.90 et seq. Cosigners – CC 1799.91, 32709, 32710, 3345, 3345 DANCE STUDIO CONTRACTS – CC 1812.50 et seq. Contract Cancellation – CC 1812.54(b) DATING SERVICE CONTRACTS – CC 1694 et seq. Contract Cancellation – CC 1694.2 Death or Disability of Buyer, 3345 Injunction – CCP 525 et seq. B&P 17203 et seq. Restitution – B&P 17206(d) RENT SKIMMING – CC 890 et seq. RENT-TO-OWN – CC 1812.620 et seq. Cash Price – CC 1812.622(e), 3345 Wheelchairs – CC 1793.025 PHONE CORPORATIONS (Notice of Residential Rates and Services) – PUC 786 POLITICAL ITEMS (Sale and Manufacture) – CC 1739 et seq. PREPAID RENTAL LISTING SERVICE –, 34 CFR Part 99 Federal Privacy Act – 5 USC 552a Financial Records – GC 7460 et seq, 39 USC 3001(d) BOAT REPAIRS – Harb. & Nav. Code 410 et seq. BUSINESS Street Address and Legal Name (Disclosure) – B&P 17538.5 Business Records (Privacy of Client Information) – CC 1799 e, 444.3 COUPONS – B&P 17700 et seq. CREDIT CARDS\ Address Change – CC 1799.1b(a) Areias Credit Card Full Disclosure Act – CC 1748.10 et seq. Billing Error – CC 1747.50, 444.3 Credit Reporting Agencies Act – CC 1785.1 et seq. Denial – CC 1787.1 et seq. Investigative Consumer Reporting Agencies – CC 1786 et seq. Marital Status – CC 1812.30 et seq. Purchase of G, 4604.2 Conditional Sale Contracts (see also Automobile Sales Finance Act) – CC 2981 et seq. Financing, 47 CFR 64.1200 Registration – B&P 17511.3 et seq. Solicitation – B&P 17500.3, 47 CFR 64.1200(d) Fraud and Abuse Prevention – 15 USC 6101 et seq., 47 USC 227 (“Junk Fax Prevention Act”) FICTITIOUS BUSINESS NAMES – B&P 17900 et seq. FINANCIAL INSTITUTIONS Fees – FC 4000 et seq. Financial Record Privacy – GC 7460 et seq., 47 USC 227(b)(1), 49 CFR 1005 I IDENTIFICATION Paying by Check – CC 1725(c) Paying by Credit Card – CC 1747.08(d) IDENTITY THEFY – CC 1798.92, 49 CFR Part 580 Repair Act – B&P 9880 et seq. Smog Certificate Upon Transfer – VC 5751.5, 49 USC 32701-32705, 6157.2, 6158.1 Electronic Media Compliance – B&P 6158 – 6158.4 Complaints/Discipline – B&P 6158.4, 6158.7, 6159 Fee Agreements – B&P 6146 et seq. Fees – CC 1717, 6255 Request for Disclosure – GC 6253 Right of Access – GC 6253 PUNITIVE DAMAGES (see Damages) PYRAMID SCHEME (see Endless Chain) R RADIO, 6267, 6276.28 Online Privacy – B&P 22575 et seq., 7028.16 License required to bring lawsuit – B&P 7031 Swimming Pool Construction Contracts – B&P 7165 et seq. Unlicensed Activity – B&P 7031, 704.910 et seq. HOMESTEAD FILING SERVICES – B&P 17537.6 HOUSEHOLD GOODS CARRIERS – PUC 5101 et seq., 7158, 7159.10, 7159.14, 7159.5, 7161 Price Gouging – PC 396 DISCLAIMERS (see Exculpatory Clauses, 8023, 8105, 8202, 8204, ABANDONMENT, AND OPEN-AIR MARKETS – B&P 21660 et seq. SWIMMING POOL CONSTRUCTION CONTRACTS – B&P 7165 et seq. T TANNING FACILITIES – B&P 22700 et seq. TELEMARKETING AND CONSUMER FRAUD AND ABUSE P, and Refunds – EC 94919 et seq. Enrollment Agreements and Disclosures – EC 94902 et seq. Identification Required for Recruiters – EC 94901 Prohibitions – EC 94897 et seq. W WARRANTIES Arbitrati, AND SWEEPSTAKES – PC 319 et seq. M “MADE IN USA” – B&P 17537.7 MAGNUSON–MOSS WARRANTYACT – 15 USC 2301 et seq., ANIMALS – CC 1834.4-1834.7 ADVERTISING (see also Misrepresentation) Bait and Switch – B&P 17500, APPLIANCE REPAIR – B&P 9800 et seq. REAL ESTATE BROKER License and Regulations – B&P 10130 et seq. REAL PROPERTY Conveyance Law – CC 1091 et seq. Default (Purchase Contract) – CC 1675, Art. XV, Art. XX, Audit, AUTOGRAPHED – CC 1739.7 SPORTS TRADING CARDS – B&P 21670 et seq. SPYWARE, B&P 17203, B&P 17206.1 SERVICE CONTRACTS – CC 1794.4 et seq., B&P 17207, B&P 17363.5, B&P 17500.3 HOMESTEAD EXEMPTION – Cal. Const., B&P 17509 (includes internet) Secondhand Goods – B&P 17531 (includes internet), B&P 17531 (includes on the internet) RECREATIONAL VEHICLE PARK OCCUPANCY LAW – CC 799.20 et seq. REFERRAL DISCOUNT – CC 1770(a)(17), B&P 17538.7, B&P 7028.16, B&P 7163 Security Interest – B&P 7031(c), B&P 9855 et seq. SIMULATED CHECKS – B&P 17539.1(a)(13), bankruptcy, California Rules of Professional Conduct. Unlawful Practice – B&P 6125 et seq. AUTOMOBILES Certification of Nonoperation – VC 4604, CC 1584.5 NEGOTIABLE INSTRUMENTS (see Checks) NEW CAR “LEMON LAW” – CC 1793.22 et seq., CC 1689.2 CHARGE CARD DISCLOSURES – CC 1748.20 et seq. CHARITABLE SOLICITATIONS – B&P 17510 et seq. CHECK CASHERS – CC 1789.30 et seq. Limits on Fees – CC 1789.35 Remedies – CC 1789.35(g, CC 1689.2 EXEMPLARY DAMAGES – CC 3294 et seq. EXCULPATORY CLAUSES – CC 1668 EXPRESS WARRANTY (see Warranty) F FAIR DEBT COLLECTION PRACTICES ACT – CC 1788 et seq., CC 1689.6 Disclosures – B&P 17500.3, CC 1770 Remedies – CC 1750 et seq. DEFECTIVE PRODUCT (see Contracts and Warranty) DEFICIENCY JUDGMENT NOT PERMITTED (Installment Sales) – CC 1812.5, CC 1770 Restraint of Trade – B&P 16600 et seq. Trade Practices – B&P 17000 et seq. UNIVERSAL PRODUCT CODE (UPC) DISCLOSURES – CC 7100 et seq. UNLAWFUL DETAINER ASSISTANTS – B&P 640, CC 1770(a)(1) Repair – CC 1770(a)(15) Telephonic Solicitations (see Telephone Sales) Television Picture Tubes (see Television) Toys (see Toys) Used/Defective Goods/Seconds – B&P 17531 (include, CC 1770(a)(10) Manufacturer’s Rebate – B&P 17701.5 Multiple Articles – B&P 17504, CC 1770(a)(13) APPLIANCES Labeling – B&P 22410 et seq. Repair – B&P 9800 et seq. ART, CC 1770(a)(13) FRANCHISE INVESTMENT LAW – Corp. Code 31000 et seq. FRAUD – CC 1571 et seq., CC 1770(a)(22), CC 1770(a)(6), CC 1770(a)(6) Federal Surplus – B&P 17531.5, CC 1770(a)(6) LANDLORD/TENANT LAW – CC 1940 et seq., CC 1770(a)(6) Selling or Leasing at Advertised Terms – CC 2985.71(b), CC 1770(a)(9), CC 1780(b), CC 1798.88 et seq., CC 1804.3 See Contracts and Unruh Act HOME SOLICITATION CONTRACTS – CC 1689.5 et seq., CC 1916.1 et seq. V VEHICLE LEASING ACT – CC 2985.7-2993 Attorney’s Fees – CC 2988.9 Cooling off Period – CC 2985.8(e) Damages – CC 2988.5 Defenses – 2986.10 Definitions – CC 2985.7 Disc, CC 2079 et seq. REBATE Before Rebate Price – B&P 17701.5 Receipt as Condition of Sale – CC 1770(a)(17), CCP 1029.8 Void/Unenforceable Contract Terms – B&P 7034 CONTRACTS – CC 1549 et seq. Awareness Act, CCP 1159 et seq. Abandoned and Lost Property (Tenant’s) – CC 1965, CCP 1174.2 Utilities Meters – CC 1940.9 Non-Interruption – CC 789.3 Service Deposits – PUC 10009.6 Telephone Jacks – CC 1941.4 LANGUAGE TRANSLATION OF CONTRACT – CC 1632, CCP 1985.3, CCP 1985.4 Consumer Records – CC 1798.91 et seq., CCP 674, CCP 704.710 et seq., civil code 2924, Com. Code 2201 Unconscionable – CC 1670.5, Com. Code 2313 et seq. Four-Hour Requirement – CC 1722 Part Not Needed/Part Not Provided – CC 1770(a)(15), Com. Code 2316 Used Vehicles – 16 CFR 455.2 ATTACHMENT LAW – CCP 481 et seq. ATTORNEYS Advertising – B&P 6157 et seq. General Provisions – B&P 6157.4 Immigration and Naturalization Ser, Com. Code 4401 Presumption of Payment – Evid. Code 670 Simulated B&P 17539.1(a)(13), Com. Code 4403 Treble Damages (Insufficient Funds) – CC 1719 Unauthorized Signature – Com. Code 4406 Wrongful Dishonor – Com. Code 4402 CIVIL LIABILITY FOR PETTY THEFT – PC 490.5(b)-(c) COMPUT, Com. Code 9526.5, Commercial – CC 1993 et seq. Unclaimed – CC 2081 et seq. PHYSICALLY DISABLED PERSONS Assistive Devices – CC 1793.02 Denial of Services – B&P 125.6 Discrimination – CC 54 et seq. Fraud (T, COMPUTER – B&P 22947 et seq. STATUTES OF LIMITATION – CCP 312 et seq. STRUCTURAL PEST CONTROL OPERATORS – B&P 8500 et seq. SWAP MEETS, Consumer Contract – CC 1799.200 et seq. Cancellation Home Solicitation Sales – CC 1689.5 et seq. Cooling Off Period – CC 1689.6, Consumer Leasing Act, Contents of – CC 2985.8, Countrywide, CPUC Max. Rate Tariff 4, Cramdown, Dealer Assisted – CC 2982.5 Leasing (see also Vehicle Leasing Act) – CC 2985.7 et seq., Defective, Disclosure of – B&P 17500.3 DRUGS (see also Food, DRUG AND COSMETIC LAW (Sherman Law) – H&S 109875 et seq. False Advertising – H&S 110390 et seq. Misleading Labeling or Advertising – H&S 110290, Drug and Cosmetic Law) – H&S 109875 et seq. Grey Market Goods – CC 1797.8 et seq. “Made in USA” – B&P 17533.7 Packaging – B&P 12601 et seq. Used, Drug and Cosmetic Law) Claimed Effect on Disorders – H&S 110403 Prescription Records – B&P 4333 DRYCLEANERS/LAUNDRIES Lien – CC 3051 Sale – CC 3066 E ELECTRONIC AND APPLIANCE REPAIR SE, Drug and Cosmetic Law) CO-SIGNORS (Consumer Credit Contracts) – CC 1799.91, Drugs and Cosmetics (see Food, DUTIES OF – CC 3428 HEALTH STUDIO CONTRACTS – CC 1812.80 et seq. Contract Cancellation – CC 1812.85(b) Death or Disability – CC 1812.89(a) Move/Transferability – CC 1812.89(b)(1) HIRING OF P, EC 66018.55, et seq. Innkeeper’s Liability (see Innkeeper’s Liability) Landlord’s Right of Entry – CC 195 Notice to Terminate Tenancy – CC 1946 Notice to Terminate Sole Lodger – CC 1946.5 Periodic Tena, et seq. INVENTION DEVELOPMENT SERVICES – B&P 22370 et seq. Contract Cancellation – B&P 22373 INVESTIGATIVE CONSUMER REPORTING AGENCIES ACT – CC 1786 et seq. L LABELING GOODS Food, False – CC 1716, Fam. Code 2024.5, FC 4050 et seq., FCRA, FDCPA, FINE (Consignment) – CC 1738 et seq. “AS IS” SALES Defined – CC 1791.3 Implied Warranty – CC 1792.4, FLEA MARKETS, Foreclosure, foreclosure defense, foreclosure offense, foreclosures, Fraud, GC 27300 Supermarket Club Cards – CC 1749.60 Video Rental Records – CC 1799.3, GC 6254.21, GC 6254.24 Workplace Surveillance – LC 435 Disclosure of Personally Identifiable Marketing Information – CC 1748.12, GROCERY – CC 7100 et seq. AUTOMATIC DIALING MACHINES (ROBOCALLS) – CC 1770(a)(22), H&S 50519 Retaliatory Eviction Prohibited – CC 1942.5 Security Deposit – CC 1950.5 Amount – CC 1950.5(c) Bad Faith Retention – CC 1950.5(l) Commercial – CC 1950.7 Purposes and Uses – C, HOEPA, JOB LISTING SERVICES, LC 226, Lender Liability, litigation, mers, mortgage meltdown, Mortgage modification, Notice Of – CC 2982(h) Contents of Conditional Sale Contract – CC 2981.9, PC 476a BAILMENTS – CC 1813, PC 476a Defenses to Payment – Com. Code 3305 Postdated – B&P 17538.6, PC 570 et seq. Warranties (see Warranties) Warranty Adjustment Program – CC 1795.90 et seq. AUTOMOBILE DEALERS Advertising – VC 11713, Predatory Lending, PUC 2871 et seq., PUC 2871 et seq. Private Right of Action – 47 USC 227(b)(3) S SALES Bait and Switch – B&P 17500 (includes on the internet), quiet title, R&T 2191.3, RAFFLES, Real Estate Settlement Procedures Act, Real Property) PUBLIC RECORDS ACT – GC 6250 et seq. Agencies’ Duties – GC 6253.4 Exemptions – GC 6254 et seq., RECONDITIONED OR USED GOODS REPRESENTED AS NEW – CC 1770(a)(6), Recoupment, Remedies – CC 1812.306 CELLULAR TELEPHONES Do Not Call List – B&P 17590 et seq., Rent-to-Own) LENDERS Credit Unions – FC 14000 et seq. Finance Lenders – FC 22000 et seq. Industrial Loan Companies – FC 18000 et seq. Installment Sales (see Automobile Sales Finance and Unruh Ac, rescission, respa, Sec. 1 Computer Spyware – B&P 22947 et seq. Consumer Information in Government Records – CC 1798 et seq., Seconds – B&P 17531, TELEVISION, tila, Towing and Storage) – CC 3067 et seq. LIMITATIONS PERIODS – CCP 312 et seq. LIMITS ON QUANTITIES SOLD – B&P 17500.5 LOTTERIES, truth in lending, truth in lending 2923.5, Uncategorized, United First, usury, VC 11713.1(e) Two or More Articles in Same Ad – B&P 17507 Value and Former Value – B&P 17501 PRIVACY Automobile Black Boxes – VC 9951 Bank Account Numbers – FC 4100 Business Records �, VC 11713.1(m) Benefits of Goods or Services – CC 1770(a)(5) Certification – CC 1770(a)(2) Geographic Origin of Goods or Services – CC 1770(a)(4) In General – CC 1770 Ingredients of Goods or Se, VC 22658(i)(3) Request Prerequisite for Service – VC 22513 TOYS (Unassembled) – B&P 17531.1 U UNASSEMBLED Furniture – CC 1770(a)(11), Withdrawal, wrongful eviction, wrongful foreclosure

Comments 7 Comments
Categories 2923.5, 2923.6, 2924, bankruptcy, Cramdown, eviction, FCRA, Foreclosure, I Have a Plan, Lender Class action, lis pendence, Loan Audit, mers

Issues in Foreclosure, Securitization, Litigation, Bankruptcy, The Courts created with Yahoo Pipes

2 Sep

If the loan was not perfected; then there is no lien; and if the servicer was obligated to make the payment as a co-obligor; then there was no default

SEE 42-in RE Cruz vs Aurora AURORA LOAN SERVICES LLC, SCME MORTGAGE BANKERS INC, ING BANK FSB, MORTGAGE ELECTRONIC REGISTRATION SYSTEMS ALL BITE THE DUST, SUBJECT TO LIABILITY AND NO ABILITY TO FORECLOSE WITHOUT COMPLYING WITH LAW. Salient points of Judge Mann’s Decision: TRUTH IN LENDING was dismissed because they were time-barred. LESSON: Don’t ignore […]
Tim McCandless Blogs its amazing what you can do if you don’t watch TV

timothymccandless.wordpress.com recallcitycouncil.wordpress.com chapter11bankruptcy.wordpress.com fairdebtcollectionpracticesact.wordpress.com marionmccandless.wordpress.com trustdeedinvestment.wordpress.com rocketrecoverysystem.wordpress.com mortgagereductionlaw.wordpress.com mortgageregistationsystems.wordpress.com massjoinderlitigation.wordpress.com financialelderabuse.wordpress.com landlordfraud.wordpress.com http://mybk7.com http://mortgagereductionlaw.com http://evictiondefender.com…
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Mortgage Assignments to Washington Mutual Trusts Are Fraudulent

Posted on August 7, 2011 by Neil Garfield EDITOR’S NOTE: We know the foreclosures were gross misrepresentations of fact to the Courts, to the Borrowers and to the Investors. This article shows the crossover between the MegaBanks — sharing and diluting the responsibility for these fabrications as they went along. If you are talking about […]
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A TRUSTEE CANNOT MAINTAIN AN ACTION ON BEHALF OF A TRUST THAT DOESN ‘T EXIST

I looked into the records for that entity in the SEC EDGAR online database and discovered that the last annual report was filed in 2007, contemporaneously with a FORM 15 filing.That Form 15 filing claimed a standing under 15d-6 of the 1934 SEC regulations which exempts the entity of filing an annual report, whereby the […]
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OUR NANCY DREW BLASTS THROUGH THE DEVIL IN THE DETAILS ON NORWEST, GMAC ET AL (via Livinglies’s Weblog)

MOST POPULAR ARTICLES GET COMBO TITLE AND SECURITIZATION ANALYSIS – CLICK HERE Submitted on 2011/08/24 at 9:08 pm Norwest and Alt-A Land Title & Fidelity National Insurance morpted into Microsoft open platform on CLOUD and portals now through which new GMAC Mortgage & State of Maryland in the pass-thru-agency state portal funded to access FIS, […]
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Bombshell Admission of Failed Securitization Process in American Home Mortgage Servicing/LPS Lawsuit (via Livinglies’s Weblog)

MOST POPULAR ARTICLES GET COMBO TITLE AND SECURITIZATION ANALYSIS – CLICK HERE EDITOR’S NOTE: It is comforting to know that at least some people are paying attention. From one of the largest servicers in the country comes an admission that securitization of mortgage loans was an illusion. The facts alleged by AHMSI in its lawsuit […]
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KISS: KEEP IT SIMPLE STUPID from Garfield

Finality versus good and evil. In the battlefield it isn’t about good and evil. It is about winner and losers. In military battles around the world many battles have been one by the worst tyrants imaginable. Just because you are right, just because the banks did bad things, just because they have no right to […]
MANDELMAN MATTERS: DEADBEAT BORROWERS AND THIEVES WHO CALL THEM THAT

“If you’re allowed to foreclose and kick someone out of his or her home without being the party that either owns the loan or represents the person who owns the loan… if you can ignore those laws, why can’t you ignore other laws too? Which laws apply, when one of the parties didn’t make his […]
$1.2 Trillion in Secret Additional Bailout for Banks with No Collateral and No Commitments (via Livinglies’s Weblog)

MOST POPULAR ARTICLES GET COMBO TITLE AND SECURITIZATION ANALYSIS – CLICK HERE see VIDEO $1.2 Trillion in EXTRA BAILOUT MONEY FROM FED SECRETLY GIVEN TO DOMESTIC AND FOREIGN BANKS Of course the figure is much higher, but the secrecy surrounding the money given by the Fed to the banks is something to enrage any tea […]
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GOING AFTER THE NOTARY, STEP BY STEP (via Livinglies’s Weblog)

MOST POPULAR ARTICLES GET COMBO TITLE AND SECURITIZATION ANALYSIS – CLICK HERE EDITOR’S NOTE: Here is a good place to start — the devil is in the details. You will find that the more you probe the more people and bad documents emerge. Persistence pays. Here is a letter that one homeowner just sent to […]
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WALLS CLOSING IN ON LAW FIRMS AND SUBSTITUTE TRUSTEES AS FAKED, FORGED DOCUMENTS SURFACE IN ABUNDANCE (via Livinglies’s Weblog)

MOST POPULAR ARTICLES GET COMBO TITLE AND SECURITIZATION ANALYSIS – CLICK HERE The boys are playing rough now, but US Bank, failing to take its queues from Deutsch is plunging ahead with CalWestern by its side, using forged, fabircated, faked documents that wouldn’t be valid even if they were properly executed. The securitizers tricked and […]
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Attorney General Kamala D. Harris Sues Law Firms Engaged in National “Mass Joinder” Mortgage Fraud

SAN FRANCISCO — Attorney General Kamala D. Harris today announced that the California Department of Justice, in conjunction with the State Bar of California, has sued multiple entities accused of fraudulently taking millions of dollars from thousands of homeowners who were led to believe they would receive relief on their mortgages. Attorney General Harris sued […]
NY POST: 92% —BANKS STILL FORECLOSING WITHOUT ANY RIGHT (via Livinglies’s Weblog)

MOST POPULAR ARTICLES GET COMBO TITLE AND SECURITIZATION ANALYSIS – CLICK HERE IF THE BANKS DON’T OWN THE PROPERTY OR THE MORTGAGE, WHO DOES? EDITOR’S NOTE: My figures tracking thousands of foreclosures indicate the same thing that the New York Post found. There are a scattered few foreclosures that are good old-fashioned foreclosures of valid […]
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Should Borrower File Eviction Against Bank? (via Livinglies’s Weblog)

MOST POPULAR ARTICLES GET COMBO TITLE AND SECURITIZATION ANALYSIS – CLICK HERE EDITOR’S COMMENT: I was talking with an expert in landlord tenant law and I received an interesting suggestion. The case involved someone who has just been served with a writ of restitution where the owner had to peaceably leave her home — or […]
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Gomes and the U.S. Supreme court some body had better help these attorneys argue and brief the case

Wednesday, August 17th, 2011, 2:49 pm A controversial case challenging the ability of Mortgage Electronic Registration Systems to foreclose on a California man was filed with the Supreme Court Monday, making it the first major MERS case to reach the nation’s highest court. If the Supreme Court agrees to hear Gomes v. Countrywide, Gomes’ attorney, […]
California man wants foreclosures deemed unconstitutional in the state

by KERRI PANCHUK Proposed Illinois Legislation Would Freeze Evictions for Four Months California AG Wants Pay Option ARM Answers Does the Senate’s housing bill encourage foreclosures? California Law Freezes Foreclosures, Burns Servicers Short Sales Cost Lenders $310m More Than Necessary, CoreLogic Study Finds Thursday, August 4th, 2011, 7:31 am A California man is on a […]
JUDGES: ASSUME THE BORROWER IS WRONG

So you have denied the claims of the pretenders and put that in issue. You have even alleged fraud, forgery and fabrication and the catch-word “robosigning”. But the Judge, alleging that he did not want to “make new law” (which wasn’t true) or allegedly because he didn’t want to start an avalanche of litigation interfering […]
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SAY NO TO LENDERS FRAUD!

Contact Us: MortgageReductionLaw.com Dear Homeowner, It’s been widely reported around the country, via internet, blogs and newspapers, how the lenders used the foreclosure mills and other legal ways, to fabricate fraudulent documents to record in the county recorder offices and pretend they have legal standing to initiate the foreclosure procedure. Neil Garfield in his blog […]
Keep the trustees deed out of evidence in the unlawful detainer

TIMOTHY L. MCCANDLESS, ESQ. SBN 147715 LAW OFFICES OF TIMOTHY L. MCCANDLESS 820 Main Street, Ste. 1 Martinez, CA (925) 957-9797 Telephone (909) 382-9956 Facsimile Attorney for Defendant Zenkarla S. Salazar SUPERIOR COURT OF THE STATE OF CALIFORNIA IN AND FOR THE COUNTY OF SANTA CLARA GMAC MORTGAGE, LLC FKA GMAC MORTGAGE CORPORATION, Plaintiff, vs. […]
STUDY: Mortgage Assignments to Washington Mutual Trusts Are Fraudulent (via Livinglies’s Weblog)

MOST POPULAR ARTICLES GET COMBO TITLE AND SECURITIZATION ANALYSIS – CLICK HERE EDITOR’S NOTE: We know the foreclosures were gross misrepresentations of fact to the Courts, to the Borrowers and to the Investors. This article shows the crossover between the MegaBanks — sharing and diluting the responsibility for these fabrications as they went along. If […]
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The Free House Myth

posted by Katie Porter As challenges to whether a “bank” (usually actually a securitized trust) has the right to foreclose because it owns the note and mortgage become more common, rumors swirl about the ability to use such tactics to get a “free house.” There are a few instances of consumer getting a free house, […]
MERS in California

From LivingLies: I think that everyone is missing the #1 problem MERS has in CA. MERS is a Non-Authorized Agent and cannot legally assign the Promissory Note, making any foreclosure by other than the original lender wrongful, for the following reasons. 1) Under established and binding Ca law, a Nominee can’t assign the Note. Born […]
QUIET TITLE IS NOT A DEFENSE — IT IS OFFENSE AND IT IS A HIGHLY EFFECTIVE LAWSUIT

Posted on August 1, 2011 by Neil Garfield I WRITE THIS BECAUSE WITH SO MANY PRO SE LITIGANTS AND UNINFORMED LAWYERS WEIGHING IN IT IS SOMETIMES NECESSARY TO CLARIFY THE ISSUES. Quiet Title is not a defense. If used defensively you will most likely lose your case and also unintentionally waive rights that you might […]
Its about standing

Pro Per Debtor Stops Attorneys for US Bank – in RE Deamicis Posted: 31 Jul 2011 10:21 PM PDT Pro Per Debtor Stops Attorneys for US Bank – in RE Deamicis By Daniel Edstrom DTC Systems, Inc. She has been fighting tooth and nail. Nobody was listening. The current bankruptcy judge was skeptical when she […]
Comptroler of the currecy consent orders

Recent Consent Orders Consent Order, Sovereign Bank, Wyomissing, Pennsylvania, 04410, NE-11-17, April… Order shall be directed to the Comptroller of the Currency, or to the individual, … or office designated by the Comptroller of the Currency. Sovereign Bank Consent Order Page http://www.mortgagedaily.com/forms/OccConsentOrderSovereign041311.pdf Consent Order, OneWest Bank, FSB, Pasadena, California, 18129, WN-11-011,

David and Goliath as court overturns case dissmissal

A Bakersfield homeowner is taking on a bank, in a battle that could have sweeping implications for people facing foreclosure. Mark Demucha wants Wells Fargo to prove it owns his home loan. And, if his lawsuit is successful, it could set a legal precedent that slows or even stops foreclosures across the state. “Filled out the […]
17 News Investigation: Homeowner challenges bank

17 News Investigation: Homeowner challenges bank. Filed under: Foreclosure, I Have a Plan, lis pendence, mers, Mortgage modification
pending lawsuits and homeowners winnning

Mark DeMucha v Wells Fargo Bank; Kutak Rock LLP; Homeowner Wins a California Appeal; Reversed and R http://www.scribd.com/doc/60748498/Mark-DeMucha-v-Wells-Fargo-Bank-Kutak-Rock-LLP-Loses-a-California-Appeal-Reversed-and-Remanded Added by PENDING LAWSUIT on July 24, 2011 at 9:30am — No Comments Barry Fagan v Wells Fargo re: KOSAR PETITION WHY ACTION SHOULD NOT BE DISMISSED, WITH PREJUDICE, FO…
one west bank and the consent order with admissions of wrongdoing

One West Bank click to see full order from comptroller of the currency Filed under: I Have a Plan Tagged: one west
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standing

A. Standing The party seeking to invoke federal jurisdiction has the burden of establishing standing.28 Constitutional standing analysis includes three elements: (1) the plaintiff must have suffered an injury in fact—an invasion of a legally protected interest which is (a) concrete and particularized, and (b) actual or imminent, not conjectural or hypothetical; (2) there must […]
Is the notary responsible or at least negligent or at least negligent per se !!!

(1) Notaries Public § 1–Disciplinary Proceedings–Time for Instituting. Disciplinary action taken by the Secretary of State against a notary public was not barred by the fact that the proceeding was instituted more than three years after the notary’s alleged improper act and more than one year after its discovery. Statutes of limitation barring civil actions […]
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The securitization argument a year later

SEPARATION OF DEED OF TRUST FROM NOTE: Bellistri Opinion Posted on April 28, 2010 by Neil Garfield 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. […]
MERS and invalid assignments

Brand New, Hot Off The Presses MERS Policy Bulletin July 24th, 2011 | Author: Matthew D. Weidner, Esq. After years of claiming that assignments don’t matter and the date of assignment certainly doesn’t matter, the MERS Monster has finally changed its tune, effective July 21, 2011: The Certifying Officer must execute the assignment of the […]
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Been evicted and need more time ??Appeals from UD actions are governed by CCP §§901–923. [See CCP §1178; Anchor Marine Repair Co. v Magnan (2001) 93 CA4th 525, 528–530.]

Stay of Execution and Appeal The defendant may request a stay of execution of the judgment whether or not an appeal is taken. [CCP §918(a), (c).] You may stay execution of the judgment for up to 40 days without the landlord’s consent in a limited civil case (or up to 70 days in an unlimited […]
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Possible Counter-Attack in Unlawful Detainer (Eviction) in Fraudulent Foreclosure Cases (via Livinglies’s Weblog)

MOST POPULAR ARTICLES GET COMBO TITLE AND SECURITIZATION ANALYSIS – CLICK HERE factual issues for Unlawful Detainer case NFG 7-15-11 Various states have two levels of jurisdiction that make it difficult to raise the proper issues in eviction even if there has been no preceding judicial action or if the preceding judicial action has been […]
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FREE HOUSE MYTH DEBUNKED BY PORTER AND LEVITIN (via Livinglies’s Weblog)

MOST POPULAR ARTICLES GET COMBO TITLE AND SECURITIZATION ANALYSIS – CLICK HERE The Free House Myth posted by Katie Porter As challenges to whether a “bank” (usually actually a securitized trust) has the right to foreclose because it owns the note and mortgage become more common, rumors swirl about the ability to use such tactics […]
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BOA Feeling the Heat is Striking Back at Foreclosure Defense Lawyers as Lawsuits are Filed Against Firms Who Represent BOA (via Livinglies’s Weblog)

MOST POPULAR ARTICLES GET COMBO TITLE AND SECURITIZATION ANALYSIS – CLICK HERE EDITOR’S NOTE: The battle is heating up. BOA, for example, is stepping up efforts to cause as much trouble as possible for those foreclosure defense lawyers who are getting traction in the courts. This started some time ago as some people were actually […]
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Robo-signing continues without consequences (via Livinglies’s Weblog)

MOST POPULAR ARTICLES GET COMBO TITLE AND SECURITIZATION ANALYSIS – CLICK HERE No Punishment = Continued Misconduct Posted on July 19, 2011 by Mark Stopa Esq. http://www.stayinmyhome.com/blog/?p=1565 In Maine, a group of drug dealers was caught distributing drugs to local middle schoolers. They confessed, yet the District Attorney declined to press charges, so the drug […]
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Cloud on title forever post foreclosure {but wait the Banks own the title companies}

Recently Discovered Flaw in Recording System Clouds Titles on Previously Foreclosed Properties The modern system of mortgage refinancing and assignments created during the housing boom has left behind a wave of title defects on properties that have ever had a foreclosure in their history, due to a loophole in the property records recording system. […]
assingmment please?? 2932.5 with a side of Veal

The brief below as circulated by the California Bar’s: Insolvency Law Committee: Herrera vs. Deutsche Bank National Trust Co., 2011 Westlaw 2547979 (Cal.App.) Facts: A married couple (“the homeowners”) purchased a home at a foreclosure sale. Supposedly, unbeknownst to them, their interest in the home was subject to a prior (and perhaps unrecorded) deed […]
Ask for a 402 hearing and then dissmiss the eviction !!!

If the court follows the rules of evidence (and they do) if proper objections are filed. No eviction of a secuitized loan should ever prevail on an eviction; they cannot produce the foundation to authenticate the Trustees Deed it is based upon preliminary facts that they are unable and unwilling to bring to court. The […]
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FINALLY! BOA FACES CLAIMS FOR BOGUS MODIFICATION ACTIONS (via Livinglies’s Weblog)

MOST POPULAR ARTICLES GET COMBO TITLE AND SECURITIZATION ANALYSIS – CLICK HERE EDITOR’S NOTE: Anyone who has entered into mortgage modification process with BOA or any other bank acting as servicer or otherwise knows the story. The Bank does everything it can to delay the process until the borrower gets into serious trouble and then […]
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AZ: TRUSTEE CAN BE SUED IF SUBSTITUTION WAS INVALID (via Livinglies’s Weblog)

MOST POPULAR ARTICLES GET COMBO TITLE AND SECURITIZATION ANALYSIS – CLICK HERE JUDGES ARE STARTING TO EXAMINE DOCUMENTS AND THEY DON’T LIKE WHAT THEY ARE SEEING “Thus, while A.R.S. §33-807(E) may operate to dismiss a trustee in certain instances, if one of the allegations of a complaint is that the entity purporting to act as […]
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WEIDNER: IT’S THE ALLONGE!!! (via Livinglies’s Weblog)

MOST POPULAR ARTICLES GET COMBO TITLE AND SECURITIZATION ANALYSIS – CLICK HERE The Allonge- Billions of Dollars in Commerce Hangs on A Single Scrap of Paper EDITOR’S NOTE: If you wrote a check to your next door neighbor, you would expect that he would either cash it or deposit it. But what if your neighbor […]
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Judicial Notice ?? not so fast

All banks love to use judicial notice to establish their position but with all the robo signing the evidence is being excluded. ROBERT HERRERA et al., Plaintiffs and Appellants, v. DEUTSCHE 1 BANK NATIONAL TRUST COMPANY et al., Defendants and Respondents. No. C065630. Court of Appeals of California, Third District, El Dorado.Filed May 31, 2011. […]
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One West False statements

False Statements 06/28/2011 California Bankruptcy Judge Laura Stuart Taylor has joined the ranks of judges who will not tolerate fraudulent documents produced by banks to foreclose. Judge Taylor entered an Order To Show Cause why OneWest Bank, FSB, should not incur “a significant coercive sanction intended to deter any future tender of misleading evidence to […]
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Javaheri v. JPMorgan Chase finally !!

From ChaseChase.org: Federal District Court Javaheri v. JPMorgan Chase, Case No. CV10-8185 ODW Otis D. Wright II, Judge, U.S. District Court, Central District of California, Los Angeles Douglas Gillies, attorney for Daryoush Javaheri Plaintiff sued to halt a foreclosure initiated by JPMorgan Chase and California Reconveyance Co. Chase responded with a Motion to Dismiss. Two […]
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The Banksters will get you any way they can

By Niel Garfield EDITOR’S NOTE AND COMMENT: LAWYERS BEWARE! Starting up an anti-foreclosure venture and making comments criticizing the system has reportedly caused some investigations to begin and may result in bar discipline for technical infractions. From what I can see, the Bar is focused on UPL — unauthorized practice of law. The use of […]
Beware of foreclosure scams currently under investigation by the District Atorney

Each day I get calls from desperate people hoping against hope the there is a magic document that can be filed or recorded the will magically give them their home free and clear without recourse. I tell them if it sounds to good to be true it probably is. That’s not to say that I […]
Current articles in foreclosure

Ohio Judge Steven Terry Found Guilty of Rigging Foreclosure and Mail Fraud Corruption Case 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

Homeowners Sue to Block BofA/BNY Deal; Details

Abigail C. Field- The $8.5 billion settlement that Bank of New York and Bank of America hope will resolve all (or almost all) mortgage backed securities claims between them has faced a lot of opposition. The attorneys general of New York and Delaware oppose the deal, as do various investors not involved […]

U.S. Is Set to Sue a Dozen Big Banks Over Mortgages

Lets not get to excited just yet as this comes as a complete surprise. What does this mean for the AG’s who are pursuing their own investigations and how will this help homeowners? Or is this another bailout waiting to happen? NYT- The federal agency that oversees the mortgage giants Fannie Mae and Freddie Mac is set […]
Robo-signed mortgage docs date back to late 1990s

In case you missed it.. I put together Special Events that Happened in 1999 …Welcome to the 99 Club. It’s incomplete but it was a start to the mess we have today. AP- By PALLAVI GOGOI, AP Business Writer Counties across the United States are discovering that illegal or questionable mortgage paperwork is far more […]
Goldman Sachs must investigate questionable lending and foreclosure practices in its mortgage unit, Fed says.

They can start here: Deposition Transcript of Litton Loan Servicing Litigation Manager Christopher Spradling CNN- NEW YORK (CNNMoney) — The Federal Reserve issued an enforcement action Thursday against Goldman Sachs, saying the investment bank must investigate questionable lending and foreclosure practices in its mortgage unit. The action orders Goldman to hire an independent consultant to investigate […]
Robo-Signing Redux: Servicers Still Fabricating Foreclosure Documents

American Banker did an outstanding, superb job with this article. Please read. American Banker- Some of the largest mortgage servicers are still fabricating documents that should have been signed years ago and submitting them as evidence to foreclose on homeowners. The practice continues nearly a year after the companies were caught cutting corners in […]
John O’Brien, Southern Essex District Register of Deeds in Salem, Massachusetts extends an invitation to banks and all attorney generals to visit his registry.

Commonwealth of Massachusetts Southern Essex District Registry of Deeds Shetland Park 45 Congress Street Suite 4100 Salem, Massachusetts 01970 NEWS FOR IMMEDIATE RELEASE Salem, MA August 30, 2011 Contact: John O’Brien, Register of Deeds 978-542-1722 jl.obrien@sec.state.ma.us . John O’Brien, Southern Essex District Register of Deeds in Salem, […]
Goldman Sachs, Litton, Ocwen reach deal on robosigning with NY regulator

WSJ– The mortgage industry will take a step toward cleaning up some of its most controversial practices under a deal between a New York regulator and three financial firms, including Goldman Sachs Group Inc. Under the agreement with the state’s financial-services superintendent, Benjamin M. Lawsky, the three firms—Goldman, its Litton Loan Servicing […]
Memo: BofA to Sell Correspondent Mortgage Business

WSJ- From: Home Loan News Sent: Wednesday, August 31, 2011 4:19am Subject: Important Message From Barbara DeSoer To All IMS Associates I wanted to provide this team with information about a strategic announcement our Home Loans business will make today that is consistent with our ongoing efforts to align the business to […]
BoNY Mellon CEO Robert Kelly steps down

Aug 31 (Reuters) – Bank of New York Mellon Corp said Robert Kelly, who has held the company’s top job since 2008, has stepped down as chairman and chief executive officer, following differences in approach to managing the company. The company, one of the world’s largest custody banks, said it named board member Gerald Hassell as chairman […]
New York Attorney General Deposed 53 in Bank of America Case Over Merrill

Bloomberg- New York Attorney General Eric Schneiderman’s office has taken testimony from 53 witnesses in its investigation into Bank of America Corp. (BAC)’s 2008 acquisition of Merrill Lynch & Co., a federal judge said. U.S. District Judge Kevin Castel in Manhattan said in an order today that “there have been 53 examinations under oath by the […]
Was president of LPS’ Loan Portfolio Solutions division just let go?

UPDATE: It was announced that he’s left to spend more time with his family. According to the Yahoo Message boards: Greg Whitworth FIRED If you do a google search under cached it brings you to his info, but when clicked on the message board link it brings you or redirects one to a 404 NOT FOUND. Mysteriously his info […]
A STATEMENT ON MORTGAGE FRAUD THAT EVERY ATTORNEY GENERAL COULD ISSUE TODAY

False Statements Limited Purpose Corporate Officers Action Date: August 31, 2011 Location: TALLAHASSEE, FL A STATEMENT ON MORTGAGE FRAUD THAT EVERY ATTORNEY GENERAL COULD ISSUE TODAY There has been widespread, well-documented abuse of corporate officer titles by banks, mortgage companies and mortgage servicing companies on mortgage-related documents. Individuals who are not corporate officers have been directed to […]
Hagens Berman Announces Securities Investigation Of Bank Of America

Hagens Berman Sobol Shapiro LLP today announced that it is investigating concerns by hedge funds and institutional investors who believe Bank of America Corp. (NYSE: BAC) may have failed to disclose to investors the risk associated with a $10 billion lawsuit threat from American International Group (“AIG”) (NYSE: AIG). According to […]
BREAKING: Bank of America to Exit Mortgage Business

It’s going to tank! WSJ- Bank of America Corp. intends to sell its correspondent mortgage business, as the troubled lender looks to narrow its focus and bolster its financial strength, said people familiar with the situation. Employees could be notified as soon as Wednesday that the lender has decided to exit the […]
The Countrywide settlement that NV AG Masto says BofA is flagrantly violating was also signed by… Tom Miller.

H/T David Dayen SURE DID! . For immediate release — Monday, October 6, 2008. Contact Bob Brammer – 515-281-6699 . Miller: AGs Reach Agreement with Countrywide Financial that Will Help Almost 400,000 Borrowers Facing Foreclosure The Iowa Attorney General says the settlement will offer mortgage loan modifications to more than 1,100 Iowans that will help many avoid […]
Bank of America Accused of Breaching Accord – Gretchen Morgenson

NEVADA vs. BANK OF AMERICA CORP. | Second Amended Complaint “The Breach, Trusts Never Became Holders of These Mortgages”” NY TIMES- The attorney general of Nevada is accusing Bank of America of repeatedly violating a broad loan modification agreement it struck with state officials in October 2008 and is seeking to rip up the deal so […]
MERS ADMITS LINDA GREEN HAD NO AUTHORITY BUT TRIES TO USE IT ANYWAY

MOST POPULAR ARTICLES GET COMBO TITLE AND SECURITIZATION ANALYSIS – CLICK HERE SEE Corrective+Assignment[2] CHUTZPAH: Look it up if you are not familiar with the term. Here is a document that states on its face that Linda Green had no authority to to sign anything on behalf of MERS. So there goes thousands of documents […]
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Who owns the loan? Ohio Supreme Court is taking up the question

MOST POPULAR ARTICLES GET COMBO TITLE AND SECURITIZATION ANALYSIS – CLICK HERE WHY DID THE LOAN SERVICER CLEAR THE LOAN OBLIGATION DOWN TO ZERO? Monday, August 29, 2011 Who owns the loan? The Ohio Supreme Court is taking up the question of what a bank needs to prove to force someone from his home. Story […]
EXAMPLE OF NEW TOOLS PROVIDED BY LIVINGLIES: OCC CEASE AND DESIST ORDER V US BANK

MOST POPULAR ARTICLES CLICK HERE TO RESERVE SEATING AT HAWAII WORKSHOP GET COMBO TITLE AND SECURITIZATION ANALYSIS – CLICK HERE SEE US BANK OCC ORDER AND COMMENTARY It will be up on the store soon and on the American Homeowners Cooperative at http://www.Americanhomeownerscoop.com. Based upon an in depth analysis of our title and securitization combo […]
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BLOOMBERG: HOA V BOA: Homeowner Associations Step Up the Pressure on Banks

MOST POPULAR ARTICLES CLICK HERE TO RESERVE SEATING AT HAWAII WORKSHOP GET COMBO TITLE AND SECURITIZATION ANALYSIS – CLICK HERE Homeowner Associations Wake Up to Collections and Profit!! FORECLOSING ON THE BANK!! EDITOR’S COMMENT: Becker and Poliakoff in South Florida is probably the largest law firm representing homeowner associations in the U.S. Once upon a […]
Yves Smith: BANKS HAVE INSTITUTIONALIZED STEALING HOMES

MOST POPULAR ARTICLES CLICK HERE AND RESERVE SEATING NOW AT HAWAII WORKSHOP OCTOBER 14 GET COMBO TITLE AND SECURITIZATION ANALYSIS – CLICK HERE THEY WANT YOUR HOUSE!!! “The banks don’t care whether you made your payments or not. They want your house. They don’t care if someone else made your payments. They want your house. […]
Deconsolidation Nation for Mortgages?

MOST POPULAR ARTICLES GET COMBO TITLE AND SECURITIZATION ANALYSIS – CLICK HERE EDITOR’S NOTE: IT ALL COMES DOWN TO THIS: DO YOU WANT TO SAVE THE BANKS OR DO YOU WANT TO SAVE THE COUNTRY? Submitted on 2011/08/27 at 9:20 am by Nancy Drewe National Mortgage News sign up for your own subscription first 2 […]
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KISS: KEEP IT SIMPLE STUPID

MOST POPULAR ARTICLES CLICK HERE TO RESERVE SEATING AT HAWAII WORKSHOP GET COMBO TITLE AND SECURITIZATION ANALYSIS – CLICK HERE KISS: KEEP IT SIMPLE STUPID Finality versus good and evil. In the battlefield it isn’t about good and evil. It is about winner and losers. In military battles around the world many battles have been […]
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BOA DEATH WATCH: SETTLEMENT FALLING APART, BOA SCRAMBLES FOR DOLLARS

MOST POPULAR ARTICLES GET COMBO TITLE AND SECURITIZATION ANALYSIS – CLICK HERE “bank is suddenly open to unlimited downside capital risk” BofA’s $8.5 Billion Settlement Could Fall Apart After Request Made To Move Mortgage Case From State To Federal Court As most know by now, the ridiculously low $8.5 billion putback settlement, which was supposed […]

Bombshell Admission of Failed Securitization Process in American Home Mortgage Servicing/LPS Lawsuit

MOST POPULAR ARTICLES GET COMBO TITLE AND SECURITIZATION ANALYSIS – CLICK HERE EDITOR’S NOTE: It is comforting to know that at least some people are paying attention. From one of the largest servicers in the country comes an admission that securitization of mortgage loans was an illusion. The facts alleged by AHMSI in its lawsuit […]
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MANDELMAN MATTERS: DEADBEAT BORROWERS AND THIEVES WHO CALL THEM THAT

MOST POPULAR ARTICLES GET COMBO TITLE AND SECURITIZATION ANALYSIS – CLICK HERE “If you’re allowed to foreclose and kick someone out of his or her home without being the party that either owns the loan or represents the person who owns the loan… if you can ignore those laws, why can’t you ignore other laws […]
MANDELMAN MATTERS WRITER AND DOCUMENTARY MAKER WILL JOIN NEIL GARFIELD AND OTHERS IN HAWAII WORKSHOP OCTOBER 14, 2011

MOST POPULAR ARTICLES GET COMBO TITLE AND SECURITIZATION ANALYSIS – CLICK HERE REFUNDABLE RESERVATION NOW TO RESERVE SEATING CLICK HERE FOR ONE DAY PASS JOIN LIVINGLIES MEMBERSHIP NOW AND GET THE AUDIO-FILE ON LAST NIGHT’S 90 MINUTE BROADCAST WITH MANDELMAN MATTERS AND LIVINGLIES WRITERS. BLOG MEMBERSHIP SUBSCRIPTION We have twice monthly teleconferences, questions and answers […]
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OBAMA ADMINISTRATION PRESSURING STATE AG’S TO CAVE IN TO BANKS

MOST POPULAR ARTICLES GET COMBO TITLE AND SECURITIZATION ANALYSIS – CLICK HERE Bank Of America’s No-Good, Very Bad Enablers By Halah Touryalai | Forbes – Mon, Aug 22, 2011 What’s the worse than Bank of America acting as if it deserves immunity from all its bad foreclosure behavior? A presidential administration that agrees. President Obama’s administration is […]
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DEUTSCH LOSES AGAIN: POOL DID NOT RECEIVE LOAN

MOST POPULAR ARTICLES GET COMBO TITLE AND SECURITIZATION ANALYSIS – CLICK HERE TRANSFER TO POOL AFTER FORECLOSURE INITIATED: VOID “ The fact that Deutsche had possession of the mortgage, however, is irrelevant to its status as mortgagee. While a promissory note endorsed in blank may be enforced by the party in possession of the note, […]
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TENN FED CT ALLOWS CLAIM AGAINST BOA ON OWNERSHIP OF LOAN

MOST POPULAR ARTICLES GET COMBO TITLE AND SECURITIZATION ANALYSIS – CLICK HERE TENNESSEE FEDERAL COURT DENIES BANK OF AMERICA’S MOTION TO DISMISS DECLARATORY JUDGMENT ACTION CHALLENGING ALLEGED OWNERSHIP OF LOAN Today, August 23, 2011, 6 hours ago | Jeff Barnes August 23, 2011 A Tennessee Federal court has issued an Order and Memorandum denying a […]
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$1.2 Trillion in Secret Additional Bailout for Banks with No Collateral and No Commitments

MOST POPULAR ARTICLES GET COMBO TITLE AND SECURITIZATION ANALYSIS – CLICK HERE see VIDEO $1.2 Trillion in EXTRA BAILOUT MONEY FROM FED SECRETLY GIVEN TO DOMESTIC AND FOREIGN BANKS Of course the figure is much higher, but the secrecy surrounding the money given by the Fed to the banks is something to enrage any tea […]
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JUDGE MARGERET MANN (SO. CA BKR) PLUNGES INTO DETAILS AND COMES UP WITH WELL-REASONED DECISION

MOST POPULAR ARTICLES GET COMBO TITLE AND SECURITIZATION ANALYSIS – CLICK HERE SEE 42-in_RE_Cruz_vs_Aurora AURORA LOAN SERVICES LLC, SCME MORTGAGE BANKERS INC, ING BANK FSB, MORTGAGE ELECTRONIC REGISTRATION SYSTEMS ALL BITE THE DUST, SUBJECT TO LIABILITY AND NO ABILITY TO FORECLOSE WITHOUT COMPLYING WITH LAW. Salient points of Judge Mann’s Decision: TRUTH IN LENDING was […]
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Servicer Sues LPS-DOCX OVER ROBO-SIGNING — “SURROGATE SIGNING”

MOST POPULAR ARTICLES GET COMBO TITLE AND SECURITIZATION ANALYSIS – CLICK HERE ROBO-SIGNING IS NOW CALLED SURROGATE SIGNING AHMSI SUIT CONFIRMS PRACTICE IS WRONG, UNAUTHORIZED AND INVALID EDITOR’S NOTE: I find it interesting that LPS continued to fabricate and forge documents after AHMSI told them to stop. It could only mean that they were really […]
After The Storm – Foreclosure Fraud & Robo-Signing Continues by Nye Lavalle

MOST POPULAR ARTICLES GET COMBO TITLE AND SECURITIZATION ANALYSIS – CLICK HERE EDITOR’S NOTE: THE ONLY THING MISSING IS THE LARGEST QUESTION OF ALL: WERE THE MORTGAGE LIENS EVER PERFECTED? DO THEY EXIST? I also contest the issue of whether the banks were ever intending to do things right. I know from interviews I conducted […]
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AMNESTY FOR BANKS SOUGHT IN NEGOTIATIONS

MOST POPULAR ARTICLES GET COMBO TITLE AND SECURITIZATION ANALYSIS – CLICK HERE SETTLEMENT TARGET: LABOR DAY!! “They wanted to be released from everything, including original sin,” said a U.S. official involved in the discussions. From today’s Wall Street Journal…. FORECLOSURE TALKS SNAG ON BANK LIABILITY By RUTH SIMON, VANESSA O’CONNELL and NICK TIMIRAOS Efforts to […]

Comercial modification Chapter 11 Workouts

Stern v. Marshall, 131 S.Ct. 2594 (2011)
U.S. Supreme Court Dramatically Curtails Bankruptcy Courts’ Powers Decision casts doubt on certain judgments entered against debtors in bankruptcy court Financial Restructuring and Bankruptcy Department Alert September 2011 The United States Supreme Court recently narrowed the scope of the authority … Continue reading →
timothymccandless
Untitled
Originally posted on Serving California only 909-890-9192 & 925-957-9797: http://www.facebook.com/pages/California-Justice-Foundation/170293853045518?ref=hl# CLICK IT
timothymccandless
How does a Lis Pendens affect California Real Property?
I see questions all the time about Lis Pendens in online Real Estate discussion forums all the time. Before diving into the information below please understand the following. This information pertains to California Real Estate Law. This information was obtained … Continue reading →
timothymccandless
California Chapter 11 Bankruptcy Law
California Chapter 11 Bankruptcy Law California businesses have a couple of options to deal with dire financial conditions, and filing for a Chapter 11 bankruptcy can be an attractive option. However, it can be a bit complex, and to be … Continue reading →
timothymccandless
How Creditors Get Paid Under a Chapter 11 Plan
Obviously, the debtor doesn’t have sufficient ready funds to pay all creditors at the time of filing. Instead, an approved plan relies on future business earnings and profits to address creditor debts. The debt claims are prioritized with taxes owed … Continue reading →
timothymccandless
Don’t Declare Bankruptcy Before You Need To
Today, many people are deciding to declare bankruptcy. With so many people being laid off, a lot of people are deciding to file for bankruptcy but you need to realize that it is not for everyone. There are other ways … Continue reading →
timothymccandless
Delaware Bankruptcy Litigation: Trustee in Opus South Bankruptcy Files Preference Actions
timothymccandless
Delaware Bankruptcy Litigation: Trustee in Opus South Bankruptcy Files Preference Actions
timothymccandless
Calculating the Preference Period:
Effective Date of the Trasfer and the Inapplicability of Federal Rule of Bankruptcy Procedure 9006(a) to the Trustee's Avoidance Powers By Richard Ruszat A threshold issue to preference litigation is the determination of whether a transfer occurred within the applicable … Continue reading →
timothymccandless
Workout Experts for Financially Distressed Companies The The McCandless Law Firm
Workout Experts for Financially Distressed Companies The The McCandless Law Firm is among Northern California’s most experienced workout specialists for creditors, boards, investors and executive management of financially distressed companies. Workouts include managed, out-of-court business terminations as well as an … Continue reading →
timothymccandless

FORECLOSURE FRAUD | by DinSFLA

THIS WEBSITE IS FOR SALE August 2, 2019
Greetings everyone, After 9+ years, I am selling this site that is very well established. I feel the site is best suited for those who practice in defending homes i.e. attorney(s)/forensic auditors/debt consultants/non-profit/ etc.. Ultimately, I would like to find 1 or a group of attorneys that might want to pool in together from across […]
AFTER 9.5 YEARS … TIME TO SAY GOODBYE July 12, 2019
After 9.5 years it’s time to say goodbye. This will be the final post and will be shutting down on or before July 18, 2019. I thank all of you who have followed this website. ~ Be Well. Damian © 2010-19 FORECLOSURE FRAUD | by DinSFLA. All rights reserved.
TFH 7/7 | What Every Homeowner Needs To Know About The Myths And Realities Of Truth-In-Lending Act (TILA) Rescission Rights As A Defense To Foreclosure July 8, 2019
COMING TO YOU LIVE DIRECTLY FROM THE DUBIN LAW OFFICES AT HARBOR COURT, DOWNTOWN HONOLULU, HAWAII LISTEN TO KHVH-AM (830 ON THE AM RADIO DIAL) ALSO AVAILABLE ON KHVH-AM ON THE iHEART APP ON THE INTERNET . Sunday – July 7, 2019 What Every Homeowner Needs To Know About The Myths And Realities Of Truth-In-Lending […]
Reg X Does Not Prevent Rescheduling a Foreclosure Sale July 4, 2019
Consumer Financial Services LAW MONITOR – The Eleventh Circuit’s most recent decision regarding Regulation X, 12 C.F.R. § 1024.1, et seq., of the Real Estate Settlement Procedures Act (“RESPA”), 12 U.S.C. § 2601, et seq., will come as a relief to mortgage lenders and borrowers alike—although not to the individual plaintiff in Landau v. RoundPoint Mortgage Se […]
Veteran files suit against Nationstar Mortgage after home placed in foreclosure July 2, 2019
West Virginia Record- A veteran residing in Charleston alleges that a mortgage servicer failed to modify a loan and placed his home into foreclosure. John T. Baldy II filed a complaint in Kanawha Circuit Court against Nationstar Mortgage LLC, doing business as Mr. Cooper, alleging breach of contract and other counts. The suit states that […]
Wells Fargo Bank, N.A. v. Pierce | Hawaii ICA – there is a genuine issue of material fact as to whether Wells Fargo was entitled to enforce the subject Note at the time this foreclosure action was commenced… the Circuit Court’s summary judgment ruling in favor of Wells Fargo must be vacated. July 2, 2019
Congratulations to DUBIN LAW OFFICES! CAAP-17-0000553sdo by DinSFLA on Scribd © 2010-19 FORECLOSURE FRAUD | by DinSFLA. All rights reserved.
TFH 6/30 | What Every Homeowner Needs To Know About Surviving In Foreclosure Court (originally broadcast on November 8, 2015) June 30, 2019
COMING TO YOU LIVE DIRECTLY FROM THE DUBIN LAW OFFICES AT HARBOR COURT, DOWNTOWN HONOLULU, HAWAII LISTEN TO KHVH-AM (830 ON THE AM RADIO DIAL) ALSO AVAILABLE ON KHVH-AM ON THE iHEART APP ON THE INTERNET . Sunday – June 30, 2019 What Every Homeowner Needs To Know About Surviving In Foreclosure Court (originally broadcast […]
‘It’s Starting to Look Political’: Appeals Court Reverses Attorney Fees for Homeowner in Foreclosure Case June 28, 2019
The appellate panel found that because homeowner Farshadi Faramarz had argued U.S. Bank N.A. and Nationstar had no standing to sue him under the contract, that took away his right to fees from those parties under that same contract. The Fourth District Court of Appeals relied on Nationstar v. Glass, which has a shaky history. […]
Maine Creates Mortgage Servicer Duty of Good Faith June 27, 2019
JDSUPRA- Maine is joining the ranks of states whose requirements for mortgage servicers may exceed those of the CFPB’s Mortgage Servicing Rules. Effective September 19, Senate Paper 415 (2019 Me. Laws 363) creates a mortgage servicer duty of “good faith,” meaning honesty in fact, and the observance of reasonable commercial standards of fair dealing. This d […]
Maui County Officials Consider Recruiting Miami Litigator Bruce Jacobs in Affordable Housing Fight June 27, 2019
DBR- A Miami lawyer’s efforts to rectify and bring attention to the city’s affordable housing crisis are beginning to be noticed by public officials around the country. Kelly King, who serves as council chairwoman in Hawaii’s County of Maui, has publicly expressed interest in retaining foreclosure defense attorney Bruce Jacobs in her own municipality’s effor […]
TFH 6/23 | The 68 Mostly Under Used Affirmative Defenses That Can Save Your Home From Foreclosure And You And Your Family From Eviction June 23, 2019
COMING TO YOU LIVE DIRECTLY FROM THE DUBIN LAW OFFICES AT HARBOR COURT, DOWNTOWN HONOLULU, HAWAII LISTEN TO KHVH-AM (830 ON THE AM RADIO DIAL) ALSO AVAILABLE ON KHVH-AM ON THE iHEART APP ON THE INTERNET . Sunday – June 23, 2019 The 68 Mostly Under Used Affirmative Defenses That Can Save Your Home From […]
Wilmington Savings Fund Society v. Akehi | HAWAII ICA – DUBIN LAW OFFICES HAS BEAT THE POPE!!! June 22, 2019
CAAP-18-0000477sdo by DinSFLA on Scribd © 2010-19 FORECLOSURE FRAUD | by DinSFLA. All rights reserved.
Second Department Demonstrates Limitations to Distressed Real Estate Investors Litigating Foreclosures June 20, 2019
Law- A new development in real estate acquisitions from distressed homeowners involves investors approaching homeowners in foreclosure and offering to purchase the deed from the owner/mortgagor. After purchasing the deeds, investors have then chosen to litigate with the foreclosing banks on the merits of the mortgage in the hopes of settling for a lesser amo […]
Nonjudicial Foreclosure Not Regulated by the FDCPA June 20, 2019
JD Supra- On March 20, 2019, the U.S. Supreme Court ruled unanimously in Obduskey v. McCarthy & Holthus LLP, 17-1307, 2019 WL 1264579 (U.S. Mar. 20, 2019), that nonjudicial foreclosure is not subject to regulation under the Fair Debt Collection Practices Act, 15 U.S.C. §§ 1692-1692p (the “FDCPA”). The FDCPA applies to a “debt collector,” which […] […]
Deutsche Bank Faces Criminal Investigation for Potential Money-Laundering Lapses, Including Jared Kushner Linked Transactions June 19, 2019
NYT- Federal authorities are investigating whether Deutsche Bank complied with laws meant to stop money laundering and other crimes, the latest government examination of potential misconduct at one of the world’s largest and most troubled banks, according to seven people familiar with the inquiry. The investigation includes a review of Deutsche Bank’s handli […]
Blair v. EMC MORTGAGE, LLC | Ind: Court of Appeals – EMC waited an unreasonable time to accelerate its Note and Mortgage. By doing so and by failing to make demand within a reasonable time, its rights are time-barred. June 18, 2019
Dean Blair and Paula Blair, Appellants/Cross-Appellees-Defendants/Counterclaimants, v. EMC Mortgage, LLC., Appellee/Cross-Appellant-Plaintiff/Counterclaim Defendant. No. 18A-MF-808.Court of Appeals of Indiana.June 12, 2019.Appeal from the Vanderburgh Superior Court Trial Court Cause No. 82D07-1207-MF-3333, The Honorable Richard G. D’Amour, Judge. Robert R. […]

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Twitter Updates

Judge Approves DiTech Third Amended Plan in Bankruptcy — timothymccandless.wordpress.com/2019/10/06/jud… 1 week ago
Ocwen Refunded Money to Maine Borrowers Who were Illegally Foreclosed timothymccandless.wordpress.com/2019/10/06/ocw… 1 week ago
Here is the Answer to Guilt About the “Free House” — the one the banks don’t want you thinking about. timothymccandless.wordpress.com/2019/10/06/her… 1 week ago
Quiet Title Strategies timothymccandless.wordpress.com/2019/07/04/qui… 3 months ago
Tough Love: Stop Attacking Judges as Stupid or Corrupt. — Livinglies’s Weblog timothymccandless.wordpress.com/2019/07/04/tou… 3 months ago
Federal Judge Slams Bayview and Attorneys on Illegal “Modification” Maneuvering — Livinglies’s Weblog timothymccandless.wordpress.com/2019/07/04/fed… 3 months ago
Perjury timothymccandless.wordpress.com/2019/03/22/per… 6 months ago
Opening Statements Manantan V Wells Fargo timothymccandless.wordpress.com/2018/02/23/ope… via @mccandlesslaw 1 year ago
Opening Statements Manantan V Wells Fargo timothymccandless.wordpress.com/2018/02/23/ope… https://t.co/2qu4BZf0mV 1 year ago
Wells Fargo says we don’t dual track you just never really applied for a modification 7944 pages later it was not… timothymccandless.wordpress.com/2017/11/21/wel… 1 year ago

Niel Garfield and the national story

Beware of Bank and Foreclosure Mill Labels — That is where the lies start October 15, 2019
BEWARE OF LABELS: THE BANKS AND THE FORECLOSURE MILLS GET AWAY WITH MOST OF THEIR DECEIT BY SIMPLY USING SELF SERVING LABELS. * For example, by labelling something as a servicer advance it presumptively means that it was an advance by a servicer that is die back to the servicer because it was advanced on […]
Neil Garfield
What to say about your TILA Rescission October 14, 2019
see https://livinglies.me/2019/10/11/update-and-review-of-tila-rescission-15-u-s-c-%c2%a71635-beach-v-great-western-fla-and-beach-v-ocwen-federal/ I think you need to emphasize more that rescission is an event that takes place upon the mailing of the notice of rescission. The error of the lower courts all stems from the fact that they treat TILA rescission a […]
Neil Garfield
Update and Review of TILA Rescission 15 U.S.C. §1635 Beach v Great Western (FLA) and Beach v Ocwen Federal October 11, 2019
Having received numerous inquiries regarding Rescission under the Federal Truth in Lending Act, I’ve decided to provide a short guide. in this article I will not examine types of loans that are subject to rescission. The purpose of the article is to explain how and when TILA rescission can be used. see BEACH v. GREAT WESTERN […]
Neil Garfield
Tonight! How Foreclosure Defense Attorneys are Winning Cases: Case Study in Florida 6PM EDT 3PM PDT — with a West Coast Perspective October 10, 2019
Thursdays LIVE! Click in to the WEST COAST Neil Garfield Show with Charles Marshall and Bill Paatalo Or call in at (347) 850-1260, 6pm Eastern Thursdays Tonight we discuss the strategies and reasons for homeowners to win foreclosure cases. Specifically we look at yet another case where a homeowner did win, hands down game over. see https://livinglies.me/2019 […]
Neil Garfield
A little humor is a good thing October 10, 2019
How Do Court Reporters Keep Straight Faces? These are from a book called Disorder in the Courts and are things people actually said in court, word for word, taken down and published by court reporters that had the torment of staying calm while the exchanges were taking place. ATTORNEY: What was the first thing your husband said […]
Neil Garfield
Servicers: More Than One Set of Books October 10, 2019
Since we know that most documents presented in foreclosure are inconsistent with other “securitization” documents it is only natural to suspect, assume and then corroborate that there are inconsistent sets of accounting records that are maintained to report different outcomes to the courts, the borrowers, the investors and the holders of contracts between th […]
Neil Garfield
Patrick Giunta Esq. Scores Another Homeowner Win in South Florida v US Bank Trustee LSF9 Master Participation Trust: William Paatalo, Expert Testifies October 9, 2019
Foreclosure volume has declined but that doesn’t reduce the number of cases that are deficient and even fraudulent. As more senior Judges have more time to review the evidence, the legal presumptions sought by foreclosure mills and come to conclusions about the facts, they are increasingly suspicious about the claimant, the claim and the failure […]
Neil Garfield
Frustrated with Your Lawyer’s Attitude? October 7, 2019
PRESUMPTIONS VERSUS FACTS The bottom line is that lawyers want to do the best possible job for their client and get the best possible result. They like winning. But sometimes they must protect clients against themselves. It’s true there are lazy lawyers out there who take money and don’t do the work. But most of […]
Neil Garfield
Here is the Answer to Guilt About the “Free House” — the one the banks don’t want you thinking about. October 4, 2019
Imagine we are in a new era, where disclosure was full and complete to investors and borrowers. The deal pitched to investors is simple: the investment bank gets your money and uses it to buy debts, notes and mortgages. The purchased loans (including the debts) will be put into a portfolio and the investors grant […]
Neil Garfield
Tonight! Trends in California Non-Judicial Foreclosure Appellate Litigation 6PM EDT 3PM PDT October 3, 2019
Thursdays LIVE! Click in to the WEST COAST Neil Garfield Show with Charles Marshall, Esq. Or call in at (347) 850-1260, 6pm Eastern Thursdays Re: non-judicial foreclosure non-judicial foreclosure lawsuits, which are on appeal in California, Today’s Show will cover the following: – where chain of title argument is still getting traction at the appellate level […]
Neil Garfield
The Solution to Defective Securitization of Mortgage Debt: The Bare Legal Truth About Securitization of Mortgage Debt October 3, 2019
The basic truth is that current law cannot accommodate securitization of mortgage debt as it has been practiced. In short, what they (the investment banks) did was illegal. It could be reformed. But until the required legal steps are taken that address all stakeholders virtually all foreclosures ever conducted were at best problematic and at […]
Neil Garfield
Ocwen Refunded Money to Maine Borrowers Who were Illegally Foreclosed October 2, 2019
see https://www.housingwire.com/articles/49795-ocwen-agrees-to-refund-maine-residents-to-end-foreclosure-dispute-with-the-state/ Important quotes from article: According to the Maine Bureau of Consumer Credit Protection, Ocwen Loan Servicing instigated foreclosures on loans based on paperwork that was determined to be legally inaccurate. According to the con […]
Neil Garfield
Leveraging Mediation to Win Foreclosure Case: Getting a Pre Mediation Order October 1, 2019
After reading my blog a client shared with me the details of how he won his case. This win followed up on my previously announced strategy of using mediation to flush out the fraudulent nature of the claimant and the claim for foreclosure. ===================================== GET FREE HELP: Just click here and submit the confidential, free, […]
Neil Garfield
Judge Approves DiTech Third Amended Plan in Bankruptcy September 30, 2019
see Docket 1404 (2) Order confirming third amended joint chapter 11 plan of ditech BEWARE: Things are not what they appear. This is another step in which something is made out of nothing. The entire plan is not based on any real assets or income of DiTech nor does it have any nexus to the […]
Neil Garfield
Ocwen Stock Is Riskier Than Investors Know September 30, 2019
the truth is there for anyone who wants to see it, which means that the entire prospect for Ocwen is that of an actor with only one foot on the edge of a cliff. This article represents the analysis and opinion of the writer. Take no action with consulting a legal and financial adviser. The […]
Neil Garfield
Tonight! Legal Presumptions — The Key to Winning and Losing Foreclosure Cases September 26, 2019
Thursdays LIVE! Click in to the Neil Garfield Show Tonight’s Show Hosted by Neil Garfield, Esq. Call in at (347) 850-1260, 6pm Eastern Thursdays Tonight We’ll talk about how to understand and use legal presumptions to defeat illegal foreclosures. The key to persuading the court is logic applied to everyday experience. And remember that the key in […]
Neil Garfield
Rescission and Burden of Proof September 25, 2019
There are winners and losers in every courtroom. When dealing with TILA Rescission under 15 USC §1635 you must go the extra mile in not merely showing the court why you should win, but also revealing that the opposition is not actually losing anything. The same logic applies to every foreclosure where securitization is either […]
Neil Garfield
About that “original note” September 24, 2019
Edward Hyne, Nationstar’s Rule 30(b)(6) witness refers to the practice as “preparing indorsement pages”. This is a partial transcript of the deposition. The case was set for trial Monday October 22, 2018: BY MR. RILEY: Q What is your testimony about the Note, Mr. Hyne? A The Note itself is accurate, but as to the […]
Neil Garfield
Who is the Plaintiff? US Bank or the Trust? September 23, 2019
The following is my reply, with some editing, to a client who is faced with some typical plays used by attorneys for the banks. The game is that they are doing everything they can to direct attention to the name of the trustee, which is banking institution instead of the trust which is the actual […]
Neil Garfield
Sanders Proposes “Reparations” to Homeowners September 20, 2019
see A direct rebuke to the uneven bailout given to the banks in 2008-2009 Part of the reason that Bernie Sanders caught the “establishment” politicians by surprise in 2016 was that none of them understood the outrage that is still felt today. Trump was clearly the beneficiary of this outrage. This is not a general outrage. […]
Neil Garfield

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