Upcoming Classes



 

Mortgage Securitization Analyst Certification - New York, NY - June 24-26, 2016
certifiedforensicloanauditors.com
Certified Forensic Loan Auditors Mortgage Securitization Auditor Training Certification Class is a comprehensive 24-hour in-person intensive seminar held across the country. Students study and learn important topics related to Mortgage Securitization as well as complex analysis of how to obtain recorded documents. Trainees will complete (5) five full Mortgage Securitization Audits under the direct supervision of the Senior Auditor. Also covered are the complexities of form and substance related to Expert Witness Testimony and how to use your portfolio of Education and Experience to Educate Judges and Opposing Counsel on Securitization Issues, Chain of Title, and Robosigning. Graduates of the course will receive a Certificate of Completion having met the CFLA requirements necessary to be accredited as a Mortgage Securitization Auditor.
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Mortgage Securitization Analyst Certification - Los Angeles, CA - July 29-31, 2016
certifiedforensicloanauditors.com
Certified Forensic Loan Auditors Mortgage Securitization Auditor Training Certification Class is a comprehensive 24-hour in-person intensive seminar held across the country. Students study and learn important topics related to Mortgage Securitization as well as complex analysis of how to obtain recorded documents. Trainees will complete (5) five full Mortgage Securitization Audits under the direct supervision of the Senior Auditor. Also covered are the complexities of form and substance related to Expert Witness Testimony and how to use your portfolio of Education and Experience to Educate Judges and Opposing Counsel on Securitization Issues, Chain of Title, and Robosigning. Graduates of the course will receive a Certificate of Completion having met the CFLA requirements necessary to be accredited as a Mortgage Securitization Auditor.
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California high court opens door to wrongful foreclosure suits
latimes.com | March 6, 2016
During the bust that followed last decade's housing boom, hundreds of thousands of Californians lost their homes to foreclosure. It was a process later found to be rife with problems, such as overwhelmed bank employees who sometimes didn't even read the foreclosure documents in front of them. But challenging foreclosures on the basis of paperwork problems proved to be mostly futile, given California courts had ruled that borrowers who weren't paying their mortgages didn't suffer financial harm.
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Wells Fargo to pay $1.7b in US mortgage fraud settlement
todayonline.com | February 5, 2016
NEW YORK — Wells Fargo, the largest mortgage lender in the United States, has agreed to pay US$1.2 billion ($1.7 billion) to settle claims that it had engaged in mortgage fraud during the sub-prime housing scandal that ignited the 2008 global financial crisis.
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Borrower has Standing to Challenge Forclosing Entity to Show Assignment is VOID! (but not to show merely "voidable")
February 17, 2016
The logic of defendants’ no-prejudice argument implies that anyone, even a stranger to the debt, could declare a default and order a trustee’s sale—and the borrower would be left with no recourse because, after all, he or she owed the debt to someone, though not to the foreclosing entity. This would be an “odd result” indeed. (Reinagel, supra, 735 F.3d at p. 225.) As a district court observed in rejecting the no-prejudice argument, “[b]anks are neither private attorneys general nor bounty hunters, armed with a roving commission to seek out defaulting homeowners and take away their homes in satisfaction of some other bank’s deed of trust.” (Miller v. Homecomings Financial, LLC (S.D.Tex. 2012) 881 F.Supp.2d 825, 832.)
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Table Funding and Securitization go Hand in Hand ~ Do You Know How To Protect Yourself From Financial Crisis…?
cfla.com | February 5, 2016
Layman’s understanding of Securitization and why table funding was a huge part of the scheme to convert the Notes. "No benefit of the bargain can be had when the whole transaction was based on deceit, omission and concealment of the true parties and true nature of the transaction."
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If You Received a New Mortgage or Refinance between 2005 and the Present Your Mortgage is Null and Void!
cfla.com | February 3, 2016
If you received a new mortgage or refinanced you old mortgage between 2005 and the present and your mortgage was securitized by the Wall Street banks, your mortgage is null and void! We have truth in lending laws and full disclosure laws that are supposed to be front and center at your real estate closing.
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Goldman Sachs reaches $5bn settlement over mortgage-backed securities
theguardian.com | January 15, 2016
Goldman Sachs has said it will pay $5.06bn to resolve civil claims related to the firm’s securitization, underwriting and sale of residential mortgage-backed securities from 2005 to 2007. The agreement with regulators will reduce earnings for the fourth quarter by about $1.5bn after tax, Goldman said in a statement.
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Is another housing crisis just around the corner?
foxnews.com | January 19, 2016
Movie sequels are rarely as good as the original films on which they’re based. The same dictum, it appears, holds for finance. The 2008 housing market collapse was bad enough, but it appears now that we’re on the verge of experiencing it all again. And the financial sequel, working from a similar script as its original version, could prove to be just as devastating to the American taxpayer.
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"Chase agreed to settle for only PART of the property tax owed. The bankruptcy court approved the settlement agreement so It is a done deal. Once I submitted your audit, in my amended objection to their proof of claim, they started talking about a settlement. Anyway, I am interested in taking your three day course at a future date. Thanks again."
—David Schaar

CFLA offers attorneys full foreclosure audits and strategies. Our expertise are Bloomberg Securitization Audits as well as complete turn-key Quiet Title Litigation solutions for licensed attorneys to competently sue lenders for state & federal Violations to either stop foreclosure, obtain legal damages, or both.

CFLA.com and CFLA Training Academy are professional auditing firms as well as the Nation's Leading Experts in Mortgage Securitization and Training. Certified Forensic Loan Auditors is a nationally recognized leader in the Foreclosure Defense Industry.

Attorney State Bar Approved Continuing Education Training Classes (CLEs) are taught by trained CFLA industry experts. Our CLEs have been approved by the State Bars of TX, CA, FL, NV, NY, GA, and Hawaii. Bankruptcy Practice, Foreclosure Defense Strategies, Principal Reductions through Strategic Litigation, Mortgage Securitization in Litigation, and the Homeowners Bill of Rights are among the subjects presented during our CLE classes. CFLA keynote speakers include: Patricia Rodriguez, Esq; John Fretz, Esq; Andrew P. Lehman, J.D.; Divina Westerfield, Esq.; Regis Sauger, Charles Christmas, Esq; Timothy O’Reilly, Esq.; Amar Gupta, Esq.; and others.

Certified Forensic Loan Auditors also has created a Nationally Recognized Auditor Training Certification Course. Mortgage securitization and forensic loan auditing are presented during our professional 24-hr how-to class. There have been nearly 1,000 executive level professionals who have graduated from this program since 2009 in each of the following States: CA, NV, IL, NY, NJ, WA, DC, MD, GA, and FL.

Foreclosure Defense or Contract Dispute Litigation attorneys—contact us today to advertise your law firm via Sponsored Link Ads on our site.

Our Foreclosure Defense Litigation services include Mortgage Securitization Audits, Forensic Loan Audits, and Litigation Packages are among the full turn-key litigation support services provided to law firms and legal professionals.

 

Nation's Only Loan Auditor Certification Class—Register Immediately Seating is Limited

 

Student Testimonials

CFLA is the recognized leader throughout the U.S. as experts in Mortgage Securitization and Training. As founders and creators of this industry, we have long set the bar for expectations of a Auditing Company. Our experienced staff of Certified Auditors, Licensed Attorneys, Officers, and Employees are committed to continue to grow this entire industry and uncover hidden trade secrets to expose Banking Institutions of Predatory Lending, Mortgage Fraud and Securitzaiton Fraud.

 

CFLA Explains Quiet Title Package

CFLA performs tailor-made litigation support for every jurisdiction.
Click here to see all Samples Associated with the Quiet Title Package

 

In 2007, CFLA was founded by the Nation’s Leading Foreclosure Defense Attorneys to serve the Foreclosure Defense Industry and fight pervasive Bank Fraud and Institutional Fraud. CFLA united some of the best minds in the legal and technological fields to make this vision a reality. The result is CFLA—the foremost, nationally recognized legal brand for law firms, attorneys, and small business across the United States. Since opening our virtual doors, CFLA has rapidly expanded to become the premier online legal destination for small businesses and consumers. As the company continues to grow, we continue to hold true to our original vision. For us, putting the law within reach of millions of people is more than just a novel idea—it's our founding principle.

Call us today to obtain samples of work product, including Bloomberg Securitization Audits, Litigation Support, Quiet Title Packages, and to get more information about our Nationally Accredited and Industry Acclaimed Forensic Loan Auditor Training Certification Classes (3 days). The Nation’s Only Certification Training Class for Auditors in this industry!

 

What is a Securitization Audit?

 

NEW CASE: Glaski Securitization Audits Can Prove Wrongful Foreclosure in California
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Mortgage Securitization Auditor Training
Certified Forensic Loan Auditors, LLC. has created a complete training certification program entitled: Mortgage Securitization Auditor "MSA"- A 20-hour in-person intensive seminar held across the country.
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"To simply assert mortgage fraud is one thing. But to provide the evidence that will stand up in court is another. CFLA has done an excellent job providing home owners and legal professionals the necessary & essential tools to prove a case on behalf of home owners. I have observed the growth and development of CFLA over the last several years. I am grateful for the dedication and commitment to excellence demonstrated by Andrew Lehman, the founder and chairman of CFLA and his network of legal professionals. Whether you are challenged with debt or wanting to help those who are, CFLA provides the clear and simple learning that empowers you with a new perspective & alternative remedies."
—Greg Johnson

 

Breaking News

Wells Fargo pays $70M for failures in foreclosure accord
charlotteobserver.com | May 28, 2016
Wells Fargo & Co. agreed to pay a $70 million penalty in ending the bank’s five-year fight to settle legal claims over foreclosure missteps after the 2008 credit crisis. U.S. regulators announced the fine for the San Francisco- based bank on Wednesday as part of an agreement that also frees the nation’s biggest mortgage lender from loan-servicing restrictions imposed last year.
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Sciaratta v. US Bank as Trustee
May 24, 2016
APPEAL from a judgment of the Superior Court of Riverside County, John Vineyard, Judge. Reversed and remanded. Stephen F. Lopez Esq. and Stephen F. Lopez for Plaintiff and Appellant. Keesal, Young & Logan, David D. Piper, Michael T. West and Joshua B. Norton for Defendants and Respondents.
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How one woman beat the big banks: The amazing, true story about how Wall Street’s mortgage fraud unraveled
salon.com | May 22, 2016
None of Lisa Epstein’s options for dealing with her foreclosure seemed very attractive. She could try the Home Affordable Modification Program, or HAMP, which President Obama announced from Mesa, Arizona, on February 18, 2009, the day after Lisa was served. She pulled the speech up at the White House website. The idea was that the Treasury Department would give mortgage servicers incentive payments to modify delinquent loans. In the speech, Obama kept stressing borrower responsibilities more than the responsibilities of fraudulent lenders or securitizing banks. Did he not understand how this crisis happened?
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The ins and outs of credit scores
latimes.com | May 22, 2016
Dear Liz: I've been using a free credit site to learn more about credit reports and credit scores. Recently I looked around and found reviews about how "horribly inaccurate" these free scores are. Where can I go to find my real FICO credit scores? I need the ones that matter, the ones that lenders use.
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Guild Mortgage becomes DOJ's latest target over alleged FHA-lending violations
housingwire.com | May 22, 2016
Over the last several years, lenders like Wells Fargo, Franklin American Mortgage, Walter Investment, First Tennessee Bank, Freedom Mortgage and M&T Bank chose to settle with the Department of Justice after being accused of originating and underwriting mortgage loans that did not meet Federal Housing Administration standards.
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407,000 More Victims of Government taking FNMA
investorshub.advfn.com | May 22, 2016
The government would like us to belive the only victims are ultra rich hedge funds. This is simply not true. Another Pension fund is in trouble, in no small part due to government confiscation of FNMA dividends, which many pension funds invest in.
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The Great Foreclosure Fraud
prospect.org | May 17, 2015
When millions of families lost their homes to foreclosure in the Great Recession, a nurse, a car dealership worker and a forensic expert blew the whistle on mortgage industry abuses. There is a rot at the heart of our democracy, rooted in a nagging mystery that has yet to be unraveled. It gnaws at people, occupies their thoughts, leaves them searching for answers in the chill of the night. Americans want to know why no high-ranking Wall Street executive has gone to jail for the conduct that precipitated the financial crisis.
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William K Black reveals Banker Control Fraud: epidemic of mortgage fraud is so large it hyper-inflated the housing bubble
bfcsa.com.au | May 15, 2016
The U.S. Treasury’s Office of Thrift Supervision noted last year (page 7): The FBI estimates that 80 percent of all mortgage fraud involves collaboration or collusion by industry insiders. This confirms what one of the country’s top fraud experts has said for years: that it was fraud by the big banks – more than anything done by the little guy – which caused the financial crisis.
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UBS urges judge not to hold it liable for mortgage bond losses
finance.yahoo.com | May 15, 2016
NEW YORK (Reuters) - UBS AG (UBSG.S) urged a U.S. judge on Friday to reject claims that it should be held liable for $2 billion (£1.4 billion) in losses that investors incurred on mortgage-backed securities issued before the collapse of the U.S. housing market. Lawyers for UBS made their closing arguments in the non-jury trial in Manhattan federal court in a lawsuit being pursued by U.S. Bancorp (USB.N) on behalf of three trusts established for mortgage-backed securities.
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M&T Bank settles federal fraud case for $64 million
democratandchronicle.com | May 15, 2016
M&T Bank will pay the federal government $64 million to settle a lawsuit that centered on how the company issued housing loans. In 2013, a former M&T underwriter Keisha Kelschenbach filed a whistleblower lawsuit against her former employer saying that she saw fraud in the bank's Federal Housing Administration underwriting. Her lawsuit prompted a U.S. Department of Justice investigation. From that investigation, the department found M&T had awarded loans that did not meet federal requirements.
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Wells Fargo admits deception in $1.2 bln U.S. mortgage accord
cnbc.com | May 12, 2016
Wells Fargo & Co admitted to deceiving the U.S. government into insuring thousands of risky mortgages, as it formally reached a record $1.2 billion settlement of a U.S. Department of Justice lawsuit. The settlement with Wells Fargo, the largest U.S. mortgage lender and third-largest U.S. bank by assets, was filed on Friday in Manhattan federal court. It also resolves claims against Kurt Lofrano, a former Wells Fargo vice president.
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SEC takes Wells Fargo to court to enforce subpoenas
reuters.com | May 12, 2016
U.S. securities regulators accused Wells Fargo & Co on Friday of repeatedly ignoring its subpoenas for documents in connection with a probe into the bank's $60 billion sale of mortgage-backed securities. The Securities and Exchange Commission's filing in a San Francisco federal court seeks to compel the fourth largest U.S. bank to hand over documents. The SEC said it has issued several subpoenas since September.
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Are We Heading for Another Housing Crisis?
money.usnews.com | May 12, 2016
Ten years ago, a storm was brewing in the housing market. Lenders were handing out mortgages seemingly to anyone who applied, and in many cases, borrowers weren't asked for documentation to prove income. Some institutions rolled out adjustable-rate mortgages that featured teaser rates and were marketed to consumers as loans that could be easily refinanced before the interest rate was scheduled to reset and send payments into the stratosphere.
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Scalia, Jesinoski, and the Process of TILA Rescission
May 11, 2016
Assignee liability is an important issue in rescission. The general rule for assignee liability, set forth in section 131 of TILA, 15 U.S.C. § 1641,8 is that the assignee of a credit transaction covered by TILA and Regulation Z is only liable for violations that are apparent on the face of the disclosure statement. However, section 131 specifically exempts rescission from this rule so a borrower could compel the assignee of a loan with violations triggering the right of rescission to rescind the loan, even though the violations are not apparent on the face of the disclosure statement.9 Thus, banks must be careful in purchasing loans subject to rescission.
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Is There a Deadline to Foreclose in California?
mccarthylawyer.com | May 10, 2016
From the desk of San Francisco lead attorney Alison Cordova: There are deadlines for foreclosure. Which deadline depends on what type of foreclosure and whether there is a maturity date in the note. In 1933, CA adopted Section 725(a) of the Code of Civil Procedure, essentially creating judicial foreclosure. That section provides: “The beneficiary or the trustee named in a deed of trust upon real property or any interest therein to secure a debt or other obligation, shall have the right to bring suit to foreclose the same in the manner and subject to the provisions, rights and remedies relating to the foreclosure of a mortgage upon such property.”
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How Old Can A Mortgage or Deed of Trust be and still be Enforced in California? The MRTA Provides An Answer.
calrealestatelawyersblog.com | May 10, 2016
The Marketable Record Title Act (MRTA, Civil Code section 882.02+) was enacted so that ‘ancient mortgages’ would not last forever. Prior to the act, lost or forgotten mortgages and deeds of trust would continue to be a cloud on title. The MRTA became law in 1982 to put an outside limit on the number of years that the power of sale in a deed of trust may be executed. The MRTA provides that if the “evidence of indebtedness” recorded with the county recorder contains a reference to the maturity date of the secured debt, the right to foreclose by private trustee’s sale will expire 10 years after maturity.
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The Marketable Record Title Act Made Easy
floridabar.org | May 10, 2016
Until passage of the Marketable Record Title Act (MRTA) in 1963, (1) an examination of title involved a review of all documents relating to the property recorded in the county in which the property in question was located from the earliest public records to the present. That lengthy process usually involved the purchase of an abstract of title from a reliable source and a review and analysis of every document and title transaction shown in the abstract.
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Wells Fargo told staff to keep quiet about missing papers
reuters.com | May 9, 2016
A former employee accused Wells Fargo & Co of instructing workers at a call center to refrain from telling customers about lost deeds or other missing documents, and of firing the worker who called the policy unethical, according to a lawsuit made public this week. Duke Tran, who was a customer service specialist at the bank, says that his supervisor berated him for telling a husband and wife that their loan contract was missing from an internal system.
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BIG FL Decision: Hurray for Judge Beatrice Butchko in Florida
May 6, 2016
THIS CAUSE having come before the Court for Trial on March 17 and 18, 2016, and the Court having reviewed Defendant’s Motion for Sanctions Under the Court’s Inherent Contempt Powers for Fraud Upon the Court, and being otherwise advised in the premises, it is hereupon: ORDERED AND ADJUDGED that Defendant’s Motion for Involuntary Dismissal after Trial is GRANTED for the following reasons.
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Another win for the homeowner in the Appellate Court
May 6, 2016
Oscar Bustamante appeals from a judgment dismissing his lawsuit against respondents U.S. Bank, N.A., and Wells Fargo Bank, N.A., after the trial court sustained their demurrer to his second amended complaint without leave to amend. Bustamante’s complaint followed a well-worn path trodden by many former homeowners who lost their homes in the wave of foreclosures during the recession.
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Millennials are moving, but mortgages don’t follow
cnbc.com | May 5, 2016
It is the No. 1 barrier to entry for young, would-be homebuyers: credit. Millennials are the first generation to come of age in a post-almost-apocalyptic housing market, where lenders, eight years later, are still paying billions in reparations for mortgage misconduct and outright fraud. Millennial homebuyers are also paying a price.
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Bank of America Corp Settles Fraudulent Mortgage-Backed Securities Lending Charges
bidnessetc.com | May 5, 2016
Bank of America Corp. (NYSE:BAC) has agreed to settle the charges over the sale of mortgage-backed securities prior to the financial crisis of 2008. The Federal Home Loan Bank of Seattle filed the lawsuit in 2009. The lender reached a settlement worth $190 million, according to the filing cited by Bloomberg.
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Judge approves Goldman Sachs $272 million toxic mortgage settlement
housingwire.com | May 5, 2016
In August, Goldman Sachs agreed to pay $272 million to settle a lawsuit brought by an Illinois electrical workers’ pension fund over losses suffered due to alleged misrepresentations of the quality of mortgage loans that backed crisis-era mortgage-backed securities. On Monday, a federal judge approved the proposed settlement between Goldman Sachs and NECA-IBEW Health & Welfare Fund, an electrical workers' pension fund in Decatur, Illinois, finding it to be “fair, adequate and reasonable,” according to a Bloomberg report.
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Presumptions, Pleading, Procedure and Proof Really Matter in Foreclosure Actions
livinglies.wordpress.com | May 5, 2016
In the final analysis nearly all foreclosures have been rubber-stamped based upon facts that are presumed to be true but which are untrue. In my opinion every case lost by homeowners has been the result of the court using legal presumptions and shifting the burden of persuasion onto the homeowner who has been stonewalled, with the court’s help, during discovery and stonewalled before there was any foreclosure when the homeowner submitted qualified written requests and debt validation letters. Hence the court shifts the burden to the homeowner and then helps the bank by not allowing access to information that would prove that the presumed fact is rebutted by competent evidence.
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BANK OF AMERICA: We've never seen investors rush to sell stocks like this before
businessinsider.com | May 5, 2016
Bank of America Merrill Lynch's big-money equity investors are rushing for the exits. In a note Tuesday, equity and quant strategist Jill Carey Hall said the firm's institutional clients were net sellers of stocks for a 14th straight week. That's the longest such streak the firm has seen since it started keeping track in 2008.
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Big bank VP and family members headed to prison for mortgage fraud
usnewsnow.org | May 5, 2016
A former SunTrust executive, his wife and her brothers are headed to federal prison for mortgage fraud. Moshin Raza, his wife, Humaira Iqbal, and her brothers Farukh Iqbal and Mohammad Ali Haider will all serve time after being convicted for their part in faking loan documents and committing mortgage fraud. All four were employed by SunTrust Bank when they committed the fraud, according to the U.S. Attorney’s Office.
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Seven big banks settle U.S. rate-rigging lawsuit for $324 million
finance.yahoo.com | May 4, 2016
NEW YORK (Reuters) - Seven of the world's biggest banks have agreed to pay $324 million to settle a private U.S. lawsuit accusing them of rigging an interest rate benchmark used in the $553 trillion derivatives market. The settlement made public on Tuesday, which requires court approval, resolves antitrust claims against Bank of America Corp <BAC.N>, Barclays Plc <BARC.L>, Citigroup Inc <C.N>, Credit Suisse Group AG <CSGN.S>, Deutsche Bank AG <DBKGn.DE>, JPMorgan Chase & Co <JPM.N> and Royal Bank of Scotland Group Plc <RBS.L>.
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Total Annihilation of a Bank Lawyer and Their Witness!
May 2, 2016
We recently finished up a trial in Broward County, Florida. The Plaintiff’s witness was very qualified, at something, as an employee for 8 years with Seterus, only I’m not sure at what. After a lengthy cross on her general background and “qualifications” in which relevance objections started to be sustained, Plaintiff goes to move the note into evidence. I offer to stipulate to the note coming in, if Plaintiff agrees to stipulate that the original was first filed in this case on 2/26/14. Suit was filed on 12/27/11. Opposing counsel agrees. The Plaintiff then asked background questions on the note. I object relevance, cumulative, we can let the evidence speak for itself. Sustained.
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Breaking News Archive

 

Letters From The Editor

Yvanova STRIKES Thrice
stopforeclosurefraud.com | May 21, 2015
Well ACTUALLY it was SEVEN...KESHTGAR v. U.S. BANK, MENDOZA v. JPMORGAN CHASE BANK, CASTRO v. INDYMAC INDX MORTGAGE LOAN TRUST 2005-AR21 | VACATED... "...with directions to vacate its decision and to reconsider the cause in light of Yvanova v. New Century Mortgage Corp...."
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URGENT! "Prejudice" left open in Yvanova is met by alleging "LOSS OF HOME" proximately caused by VOID Assignment!
justia.com | May 20, 2015
In this action for wrongful foreclosure, the homeowner, Monica Sciarratta, alleged that as a result of a void assignment of her promissory note and deed of trust, the entity that conducted a nonjudicial foreclosure sale on her home had no interest in either the underlying debt or the subject property. In Yvanova v. New Century Mortgage Corp., (62 Cal.4th 919 (2016)), the California Supreme Court held that the homeowner has standing to sue for wrongful foreclosure. However, Yvanova did not address "any of the substantive elements of the wrongful foreclosure tort," and in particular did not address "prejudice . . . as an element of wrongful foreclosure."
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Baker v. Northwest Trustee discussion broadcast is available
May 17, 2016
As many of you know, the host of the popular foreclosure radio show "The Foreclosure Hour" attorney Gary Victor Dubin (who shepherded one of the cases heard in the JESINOSKI decision heard by the US Supreme Court, and is VERY affluent in TILA Rescission) featured our case on his radio show yesterday. Below is the link to the archived show for those who wanted to listen and could not and a link to download the appellate courts' ruling.
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Chain of Title - the story of Lunn Szymoniak, Michael Redman, and Lisa Epstein exposing Bankster Fraud
May 6, 2016
Here's a brief synopsis of the book: Chain of Title follows three individuals in south Florida who were instrumental in exposing one of Wall Street's greatest secrets: mortgage companies didn't actually have the evidence necessary to foreclose on millions of homes, and they covered it up by producing false documents in mass quantities and delivering them to courthouses and county recording offices.
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IMPORTANT TO ATTORNEY ADVOCATES
May 5, 2016
"Assignee" Banksters Have to Pay Homeowners' Attorney Fees if homeowner prevails as assumption of BURDENS goes with assumption of benefits.
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Daniels v. Select Portfoio Servicing Inc. Lender Liable for Servicer Misrepresentations Biankanja Factors even without Exceeding its Convential Role
May 1, 2016
The Danielses obtained a $650,000 adjustable rate loan secured by a deed of trust on their Santa Cruz residence. When their interest rate adjusted upward, they spent years in unsuccessful attempts to obtain a loan modification from their then-loan servicer, Bank of America (BofA).
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Map of US District Court of Appeals 2016
April 22, 2016
This map shows which states lie in which federal District Courts of Appeal. When you research the CFLA archives, you can "search" to find all the cases related to foreclosures in YOUR District Court of Appeal. This will give you an idea of how the federal judges may rule in YOUR case based on state decisions.
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8th Circuit 4.20.16 Dkt 15-1527 Brown v. Greentree Servicing LLC
April 22, 2016
Plaintiffs filed suit against Green Tree to prevent it from foreclosing on plaintiffs' home. Plaintiffs alleged that Green Tree lacked authority to foreclose. The district court granted Green Tree's motion to dismiss based on plaintiffs' lack of standing to challenge the assignment between creditors and concluded that plaintiffs' notice claim failed to state a plausible claim for relief under Ashcroft v. Iqbal.
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NHLP March Foreclosure Newsletter
April 1, 2016
National Housing Law Project's (NHLP's) first quarterly Foreclosure Newsletter features an update to our foreclosure practice guide, now with a table of contents for easier navigation. It also includes summaries of recent HBOR and foreclosure-related case law and recent administrative guidance.
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Saterbak - No Standing Pre-foreclosure - First new published case Post Yvanova
March 18, 2016
Laura Saterbak appeals a judgment dismissing her first amended complaint (FAC) after the sustaining of a demurrer without leave to amend. Saterbak claims the assignment of the deed of trust (DOT) to her home by Mortgage Electronic Registration Systems, Inc. (MERS) to Structured Asset Mortgage Investment II Trust 2007-AR7 Mortgage Pass-Through Certificates 2007-AR7 (2007-AR7 trust or Defendant) was invalid. Arguing the assignment occurred after the closing date for the 2007-AR7 trust, and that the signature on the instrument was forged or robo-signed, she seeks to cancel the assignment and obtain declaratory relief. We conclude Saterbak lacks standing and affirm the judgment.
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United States Settles False Claims Act Allegations Against 21st Century Oncology for $34.7 Million
justice.gov | March 13, 2016
21st Century Oncology Inc., the nation’s largest physician led integrated cancer care provider and its wholly owned subsidiary South Florida Radiation Oncology LLC, have agreed to settle allegations that they performed and billed for procedures that were not medically necessary, the Department of Justice announced today.  21st Century is headquartered in Fort Myers, Florida, and has offices in 16 states.
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Ames v. Wamu/Chase Affirms Ap. Ct. Holding Ames Had No "Standing" to Challenge Assignment in Georgia; Plus Fed Ct 11th Circ Already Found No Standing
justia.com | March 11, 2016
In 2007, Cindy and David Ames executed a security deed to their residential property in favor of Washington Mutual Bank, F.A. (WaMu). WaMu’s receiver, the Federal Deposit Insurance Corporation (FDIC), later assigned the deed to JP Morgan Chase Bank, N.A (Chase). When Chase initiated a non-judicial foreclosure sale on the property, the Ameses filed lawsuits in state court and then in federal court, alleging among other things that the assignment of the security deed to Chase was invalid.
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Alaska Sup Ct Holds Alaska Trustee LLC and its Owner Stephen Routh were Debt Collectors under FDCPA
justia.com | March 11, 2016
Brett and Josephine Ambridge defaulted on their home loan. Alaska Trustee, LLC sent the Ambridges a notice of default that failed to state the full amount due as required by the federal Fair Debt Collection Practices Act (FDCPA). The Ambridges filed suit against Alaska Trustee and its owner, Stephen Routh, seeking damages under the FDCPA and the Alaska Unfair Trade Practices and Consumer Protection Act (UTPA), as well as injunctive and declaratory relief.
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Penal Code 115.5 expressly addresses false statements to induce improper notarial act on instrument
March 8, 2016
All notaries must be bonded, record their bonds at county recorder, and maintain $15,000 bond so you can put a claim against his/her BOND (insurance carrier). Check county recorder under his/her name to get name of insurance carrier on bond and put a claim against the BOND. The insurance company will defend and ferret out WHO got him/her to partake in the fraud.
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Annotations for Penal Code 115 - offering forged docs for recordings Use Penal Code 132 and 134 felony for preparing for offering or OFFERING a false or fabricated ASSIGNMENTS
March 8, 2016
1. In General; Validity This section simply seeks to bring within its terms various classes of instruments entitled under our law to be recorded, without any regard to whether the particular instrument is defective in form or certification. People v. Webber (1919) 44 Cal App 120, 186 P 406, 1919 Cal App LEXIS 473; People v. Baender (1924) 68 Cal App 49, 228 P 536, 1924 Cal App LEXIS 217. The statute was designed to prevent the recordation or registration of spurious documents, knowingly offered for record with intent to defraud. People v. Baender (1924) 68 Cal App 49, 228 P 536, 1924 Cal App LEXIS 217.
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Use Penal Code 132 and 134 felony for preparing for offering or OFFERING a false or fabricated ASSIGNMENT in a court of law for a fraudulent purpose (steal a home) grand theft Penal 487
March 8, 2016
After YVANOVA CA SUP Court held you now have "standing" to challenge a fraudulent assignment. “Debt collectors” are subject to the entire FDCPA which prohibits them from using deceptive means to collect a debt [807(10)] or falsely represent the legal status of the debt [807(2)a].
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USE Penal Code 132 and 134 & this SUPREME COURT case from 1938 (still good law) against FRAUDULENT ASSIGNMENT
February 28, 2016
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