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Letters From the Editor

February 2017

Navient lawsuit: what student loan borrowers need to know
huffingtonpost.com | February 12, 2017
The U.S. Consumer Financial Protection Bureau is suing Navient Corp., the nation’s largest student loan servicer, accusing it of “systematically and illegally failing borrowers at every stage of repayment,” according to a press release from January 18. The CFPB is asking Navient to compensate the borrowers the agency says were harmed.
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David Collins v. Paul Financial, LLC, et al
February 12, 2017
Please find notice of a hearing to be held in the Los Angeles County Superior Court at Burbank on February 24th at 10:30 AM. I urge you all to attend and to bring family, friends, foreclosure victims, advocates and anyone you can think of to pack the courtroom.
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January 2017

MARCIA SWIFT beats ANDY BEAL - We won our motion in Federal Court against Beal
January 29, 2017
BIG WIN for homeowner against the almighty BILLIONAIRE ANDY BEAL. This case labels ANDY BEAL's SECOND SUIT in federal court against the homeowner (while state ct case is still pending) was VEXATIOUS AND CONTRIVED.
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The Return of Non-Prime U.S. RMBS (What Investors Need to Know)
fitchratings.com | January 25, 2017
A new non-prime mortgage market is beginning to emerge in the U.S., almost 10 years after the subprime and Alt-A mortgage markets shut down amid dramatic underperformance. Fitch Ratings expects a notable increase in newly originated non-prime RMBS activity in 2017, though on a significantly smaller scale and with a higher credit quality than pre-crisis origination volume.
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December 2016

Databank of CHF (JPMC) Robo-signers in California
December 7, 2016
ATTENTION CALIFORNIA HOMEOWNERS!!!!!!!! Are you a current, or were you California homeowner (between 2004 and present)? Was CHASE “HOME FINANCE, LLC” (“CHF”) now known as “JP MORGAN CHASE, N.A. (“JPMC”)” your lender, or loan servicer, or trust’s trustee? Did you receive any assignment(s) and/or substitution(s) of trustee from any source while CHF was the lender, or servicer, or the trust’s trustee?
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November 2016

CFPB increases foreclosure protections
journal.firsttuesday.us | November 22, 2016
The Consumer Financial Protection Bureau (CFPB) has released new rules for mortgage servicers to follow when responding to mortgage delinquencies and pursuing foreclosure. Beginning October 19, 2017, mortgage servicers are to offer homeowners foreclosure protections more than once if the need for protection arises numerous times.
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October 2016

New tool searches judge stats | Artificial intelligence predicts case outcomes | Cybersecurity insurance a 'must have'
October 26, 2016
This Month's Featured Technology Stories - ABA Journal Tech Monthly
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More legislation to help the BANKING CARTEL
October 25, 2016
For nonjudicial foreclosures which are resolved (e.g., reinstatement, foreclosure alternative, etc.) after the notice of default (NOD) is recorded, but before posting the notice of trustee’s sale (NOTS), the maximum base trustee’s fee has been increased.
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Did you ever wonder why YOU VICTIMS got checks for $100 for restitution from the banking cartel settlements with CORRUPT DOJ?
judicialwatch.org | October 25, 2016
The Department of Justice (DOJ) keeps giving radical leftist groups that support President Obama huge amounts of cash collected from big banks to settle discrimination and mortgage abuse lawsuits filed by the government.
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Latest Case on TILA RESCISSION NOTE: Disagreement Among Circuits Perhaps Ripe for USSC Review Remanded
justia.com | October 20, 2016
After plaintiff began missing loan payments on a house she bought in Long Beach, ReconTrust initiated a non-judicial foreclosure. In this case, the lender was Countrywide, the borrower was plaintiff and the trustee was ReconTrust. Plaintiff subsequently filed suit alleging that ReconTrust violated the Fair Debt Collection Practices Act (FDCPA), 15 U.S.C. 1692e(2)(A), by sending her notices that misrepresented the amount of debt she owed.
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Consumer Financial Protection Bureau structure ruled unconstitutional
usatoday.com | October 12, 2016
A federal appeals court Tuesday declared the structure of the federal Consumer Financial Protection Bureau unconstitutional, a decision that marks a major setback for one of the signature safeguards created after the U.S. financial crisis.
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Must Always Allege Damages and Specifically How You Were Harmed
justia.com | October 7, 2016
Here, borrower should have alleged "cloud on title" impairs his ability to market the home for sale.
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Judge rejected in its entirety the government's argument to hide Fannie & Freddie docs (follow-up)
October 7, 2016
This document may help explain why no one has been convicted of a crime in the mortgage scandal.
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Judge rejected in its entirety the government's argument to hide Fannie & Freddie docs
foxnews.com | October 5, 2016
As the Obama administration runs out the clock on its second term, it seeks to hide ever more of its policies from public scrutiny. One of the most extreme examples is the White House’s attempt to invoke presidential privilege, which is reserved for the most important national security, military, and diplomatic affairs, to conceal documents about housing. Yes, housing.
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September 2016

Well-written Guide to TILA - Rescission
September 19, 2016
The purpose of these materials is to provide an outline of consumer claims under the Federal Truth in Lending (TILA) and Real Estate and Settlement Procedures Act (RESPA), especially as they relate to mortgages, and consumer bankruptcy cases. With the crash in home prices, as a practical matter, TILA claims, at least as regards mortgages, are worthless to most consumers.
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August 2016

FDCPA and FCCPA: Temperatures rising
livinglies.wordpress.com | August 24, 2016
FDCPA and FCCPA (or similar state legislation) claims are getting traction across the country. Bank of America violated the federal Fair Debt Collection Practices Act ("FDCPA") and the related Florida Consumer Collection Practices Act ("FCCPA"). (Doc. 26). The Goodin case is a fair representation of the experience of hundreds of thousands of homeowners who have tried to reconcile the numbers given to them by Bank of America and others.
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July 2016

California Code of Civil Procedure section 128.5
July 26, 2016
Prior to 1995, courts had the ability to impose monetary sanctions on litigants and their counsel for almost any kind of transgression, and some judges developed reputations for doing so very liberally! The relative calm that reigned after a significant change in the law in 1995 may be over. Effective January 1, 2015, California Code of Civil Procedure section 128.5 — a statute that authorizes the imposition of monetary sanctions for bad faith litigation tactics that are frivolous or solely intended to cause delay — is back. Dormant for several years but never repealed, the Legislature resuscitated it in 2014, and it again becomes part of every California litigator’s arsenal. This article briefly explains this development.
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Petition For Review - Robert Castro v. IndyMac INDX Mortgage Loan Trust 2005-AR21 9 (to resolve conflict between Saterbak and Castro, etc.)
July 26, 2016
Is an untimely and/or non-conforming transfer of a California Homeowners Promissory Note and Deed of Trust to the mortgage pool of a securitized trust, in contravention of the trust governing agreements and after the trust's closing date, void or merely voidable?
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U.S. Bank v Naife
July 22, 2016
TILA rescission remand affidavit that disclosures were inadequate; trial court to decide if adequate; if not, court imposes terms of recisssion remedy.
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Saterbak Petition for Review Denied Sc Notification for: S234109
appellatecases.courtinfo.ca.gov | July 14, 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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Good News - TRO Against Pre-foreclosure Issued in Federal Court - ND CA Based on YVANOVA Citing LUNDY
July 13, 2016
On its face, the holding in Yvanova is limited to post-foreclosure claims. There is at least an argument, however, that its reasoning is equally applicable to pre-foreclosure claims. See Lundy v. Selene Fin., LP, No., 2016 WL 1059423, at *10 (N.D. Cal. Mar. 17, 2016, predicting that California Supreme Court will extend Yvanova to the pre-foreclosure context).
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Deutsche Bank's Chief Economist Calls For €150 Billion Bailout Of European Banks
zerohedge.com | July 12, 2016
The cards have been tipped, and it appears Italy's Prime Minister may have been right. In the aftermath of Brexit, much of the investing public's attention has turned to Italian banks which are in desperate need of a bailout as a result of €360 billion in bad loans growing worse by the day (and not a bail-in, as European regulations mandate, as that would lead to an immediate bank run) to avoid a freeze and/or collapse of Italy's banking sector. This has pushed stock prices - and default risk - on Italian banks to record levels.
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The Epic Collapse of Deutsche Bank
visualcapitalist.com | July 11, 2016
It’s been almost 10 years in the making, but the fate of one of Europe’s most important financial institutions appears to be sealed. After a hard-hitting sequence of scandals, poor decisions, and unfortunate events, Frankfurt-based Deutsche Bank shares are now down -48% on the year to $12.60, which is a record-setting low.
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Deutsche Bank v. Pinette
justia.com | July 1, 2016
Plaintiff-lender Deutsche Bank National Trust Company (as trustee) appealed a superior court decision to grant defendant-borrower Kevin Pinette's motion to dismiss. The lender tried to foreclose on property of Pinette, but the superior court dismissed its claims on foreclosure, the unpaid balance on a promissory note, and a deficiency judgment on the ground that they were barred by claim preclusion, as lender had previously instituted an identical action against borrower in 2013, which had been dismissed for failure to prosecute.
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Cattle Nat’l Bank & Trust Co. v. Watson
justia.com | July 1, 2016
A Bank filed an action against four Guarantors on their personal guaranties of an LLC’s debts. That action resulted in three appeals by the Guarantors. The first appeal was generated after the district court granted the Bank’s motions for summary judgment but failed to adjudicate a cross-claim. The second appeal was taken from execution and garnishment proceedings that occurred while the first appeal was pending.
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OneWest Bank, N.A. v. Melina
justia.com | July 1, 2016
OneWest commenced a foreclosure action against defendant. The district court denied defendant's cross-motion to dismiss and granted OneWest's motion for summary judgment. The district court held in part that a national bank such as OneWest is a citizen only of the state in which its main office is located - not also of the state of its principal place of business - and that OneWest’s main office is indisputably in California.
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In re Payment Card Interchange Fee and Merchant Discount Antitrust
justia.com | July 1, 2016
In an antitrust class action brought on behalf of approximately 12 million merchants against Visa and Mastercard, as well as other various banks, plaintiffs alleged conspiracy in violation of Section 1 of the Sherman Act, 15 U.S.C. 1. After the parties agreed to a settlement releasing all claims, the district court certified two settlement-only classes and approved the settlement.
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June 2016

Wright v. Bank of America, N.A.
June 30, 2016
In a case brought by the Federal Trade Commission (“FTC”), the U.S. District Court in Los Angeles has placed the law firms of Advantis Law and Brookstone Law under the control of a receiver. Details about the case, and access to the pleadings and orders, can be seen at the Receiver’s website, www.regulatoryresolutions.com. Click the Cases tab at the top of the website page and then the link for Federal Trade Commission v. Kutzner.
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Supreme Court lets debt collection class-action suit proceed
finance.yahoo.com | June 28, 2016
WASHINGTON (Reuters) - The U.S. Supreme Court on Monday allowed a class-action lawsuit against debt collector Encore Capital Group Inc to move forward, declining to hear its claim that such companies should be protected from state "usury" laws barring money-lending at unreasonably high interest rates.
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Ocwen (OCN) to Pay $30M to Settle HAMP Disclosure Issues
finance.yahoo.com | June 28, 2016
Last week, Ocwen Financial Corp. OCN agreed to settle a couple of lawsuits that alleged it of providing misleading data related to the loans it was servicing. The company revealed this agreement in a filing with Securities and Exchange Commission (SEC). The lawsuits were filed by Michael Fisher and the U.S. Justice Department (DoJ) in 2012. Ocwen will be paying $15 million to both Fischer and the DoJ, though the settlement is yet to receive legal approval. Notably, the company neither accepted nor denied any wrong doing.
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MERS Manual 2010
June 23, 2016
Although MERS tracks changes in ownership of the beneficial rights for loans registered on the MERS® System, MERS cannot transfer the beneficial rights to the debt. The debt can only be transferred by properly endorsing the promissory note to the transferee. As a MERS Member you have two options for registering a transfer of beneficial rights to another Member: Option 1 and Option 2. The determination of whether Option 1 or Option 2 is used is based on the Membership Profile of the purchasing investor.
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May 2016

Yvanova STRIKES Thrice
stopforeclosurefraud.com | May 21, 2016
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, 2016
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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April 2016

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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March 2016

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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February 2016

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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United States ex rel. Adams v. Aurora Loan Servs.
justia.com | February 25, 2016
Relators filed suit under the False Claims Act, 31 U.S.C. 3729(b)(2)(A), against various lenders and loan servicers, alleging that defendants certified that loans purchased by Fannie Mae and Freddie Mac were free and clear of certain home owner association liens and charges when they were not. At issue was whether Fannie Mae and Freddie Mac are officers, employees, or agents of the federal government for purposes of the Act.
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Gilman v. Brown
justia.com | February 25, 2016
Plaintiffs filed suit under 42 U.S.C. 1983 to enjoin the application of Propositions 89 and 9 as to them. Proposition 89 amended the California Constitution to vest in the Governor constitutional authority to reverse, affirm, or modify grants of parole as to inmates convicted of murder. Proposition 9 amended the California Penal Code to increase the default period of time after which a prisoner would be scheduled for a parole hearing, after the denial of parole.
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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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Rescission Insurance Offered By Radian
livinglies.wordpress.com | February 5, 2016
For those of you who continue to doubt what you see on these pages despite concurrence by all three branches of government, consider this: Since 2014 the banks have been purchasing rescission insurance. If they didn't think they had a problem, why would they buy the insurance?
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January 2016

People v. Johnson
justia.com | January 22, 2016
After a jury trial, Defendant was convicted of first degree murder, conspiracy to commit murder, and as an accessory after the fact. After a penalty phase trial, the jury returned a verdict of death.
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Coker v. JPMorgan Chase Bank
justia.com | January 22, 2016
Under Cal. Code Civ. Proc. 580b, when an individual borrows money from a bank to buy a home and the bank forecloses on the home, the bank can collect proceeds from the foreclosure sale but may not obtain a deficiency judgment against the borrower.
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American Fidelity Assurance v. Bank of New York Mellon
justia.com | January 22, 2016
American Fidelity Assurance Company sued the Bank of New York Mellon (“BNYM”) for claims arising from BNYM’s conduct as Trustee of a trust holding mortgage-backed securities owned by American Fidelity.
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U.S. Bank Nat’l Ass’n v. Curit
justia.com | January 22, 2016
Defendants defaulted on their mortgage, and U.S. Bank filed a complaint for foreclosure. Following the Supreme Judicial Court’s decision in Bank of America, N.A. v. Greenleaf, the Bank filed a motion to voluntarily dismiss the foreclosure action without prejudice, arguing that it could not proceed with the foreclosure because it did not have a mortgage assignment from the original lender and thus did not have standing to pursue the action.
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McFarland v. Wells Fargo Bank
justia.com | January 22, 2016
Plaintiff filed suit against Wells Fargo, alleging that his mortgage agreement, providing him with a loan far in excess of his home’s actual value, was an “unconscionable contract” under the West Virginia Consumer Credit and Protection Act, W. Va. Code 46A–1–101 et seq. The court agreed with the district court that the amount of a mortgage loan, by itself, cannot show substantive unconscionability under West Virginia law, and that plaintiff has not otherwise made that showing.
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Howard Jarvis Taxpayers Association v. Padilla
justia.com | January 5, 2016
In 2014, the California Legislature sought to place on the general election ballot Proposition 49, a nonbinding advisory question that would have asked the electorate whether Congress should propose, and the Legislature ratify, a federal constitutional amendment overturning the U.S. Supreme Court’s decision in Citizens United v. Federal Election Commission. Petitioners filed an original emergency petition for writ of mandate in the Supreme Court seeking to prevent the Secretary of State from proceeding with placement of Proposition 49 on the November 2014 ballot.
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December 2015

Banking-Fed/Recorder Office Cartel: LA, San Diego, Riverside, San Bernardino County Owns "Secure" Electronic Recording System
secure-erds.com | December 22, 2015
SECURE is a system jointly owned by Los Angeles, Orange, Riverside and San Diego Counties. We are collectively responsible for the development, ongoing maintenance and vision of this multi-county electronic recording delivery system. Through monthly multi-county meetings, the owners and partners have charted a course for SECURE, from development to certification and finally to production.
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Talaei v. Wells Fargo & US Bank Ninth Circuit 13-56314 12/14/15 Tila 15 USC 1641(g) is NOT RETROACTIVE
December 15, 2015
15 U.S.C.1641(g), a 2009 amendment to the 1968 Truth in Lending Act (TILA). Section 1641(g) requires a creditor who obtains a mortgage loan by sale or transfer to notify the borrower of the transfer in writing.
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The US Federal Reserve Money Laundry: Bank-sponsored Treason in Washington DC and New York City
alcuinbramerton.blogspot.com | December 14, 2015
The technical detail of the US Federal Reserve's illegal and anti-Consitutional money laundry is now known to the the US Supreme Court, the US Congress, the US Pentagon and the US Provost Marshal. The individuals, agents, agencies, constituent corporations, primary dealers and private owners of the US Federal Reserve nexus now have no lawful or legitimate claim to legal immunity. Nor do the individuals acting for the law enforcement authorities who are tasked with the arrest and proper public prosecution, in open court, of the accused persons.
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$5.4 Million! Jury Finds Wells Fargo Committed Fraud When It Used Robo-Signed Document
i-uv.com | December 14, 2015
Congratulations to the experts and attorneys on this. As Marie McDonnell states in the article reproduced below this case is important because it is the first time that Robo-signing has resulted in an award of damages for fraud. I would add that the lawyers must have done a fine job at trial — because ordinarily we don’t see jury instructions that would support punitive damages for robo-signing. The pages are turning on a new chapter.
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Class Counsel Garners $74 Million Fees/Costs In JP Morgan Chase Mortgage-Backed Securities Settlement And Eleventh Circuit Decision Holds Percentage-Of-Fund Analysis Applies To Claims
calattorneysfees.com | December 7, 2015
On December 4, 2015, a New York federal district judge awarded class counsel in the JP Morgan Chase mortgage-backed securities class action about $74 million in fees and costs based on a $388 million settlement. This was less than the $100.8 million in fees and expenses requested by class counsel.
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November 2015

$60,000 In CCP § 128.7 Sanctions Against Plaintiff And Plaintiff’s Attorney For Years Of Forestalling Foreclosure Efforts Affirmed On Appeal
calattorneysfees.com | November 20, 2015
This next post counsels litigants and their counsel that there is a point where the battle has been lost, under penalty of having sanctions imposed for further litigation—which is exactly what happened.
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Borrower Proving Loan Modification Case Entitled To $188,100 Fee Award Under Note/Deed Of Trust Clauses
calattorneysfees.com | November 20, 2015
In Bergman v. JP Morgan Chase Bank, N.A., Case No. E060148 (4th Dist., Div. 2 Sept. 30, 2015) (unpublished), borrower won an implied breach of covenant claim, based on a loan modification, against lender, receiving $250,000 in compensatory damages on this and a separate fraud claim. Borrower then moved to recover fees based on entitlement clauses in the note and deed of trust, a request granted by the lower court—although it only awarded $188,100 out of a requested $454,772.23.
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Paatalo v Chase - Chase MTD Denied Re: WaMu TILA Rescission
November 16, 2015
This ruling came down yesterday in Oregon Federal Court. Judge Aiken does a good job of spelling out TILA post-Jesinoski in denying Chase's MTD. Read closely, as it is important for anyone to file their TILA action soon if you rescinded in the past. The fact that I filed my action right after Jesinoski is viewed by this Judge that I did not "sit on my hands."
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U.S. Bank, N.A. v. Tannenbaum
justia.com | November 6, 2015
A Bank filed a residential foreclosure complaint against Appellant, alleging that Appellant executed a promissory note and a mortgage securing the note on certain property and that Appellant defaulted on the note. The Bank claimed that, through a series of endorsements and assignments, the Bank had acquired rights in the mortgage and authority to enforce the note.
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Bank of America, N.A. v. Eisenhauer
justia.com | November 6, 2015
Lorene and Harley Walter owned a certificate of deposit account with Bank of America. The account was a survivorship account and a payable-on-death account. After Harley died and while Lorene was still alive, the Bank distributed the funds in the account to Dwight Eisenhauer and Jo Ann Day, the named beneficiaries on the account, in equal sums.
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Flashback: Iceland Was Right, Terror Futures, West Nile Spraying
youtube.com | November 3, 2015
See video.

Iceland Has Now Sent 26 Corrupt Bankers To Prison
infowars.com | November 3, 2015
In a story not reported on at all by any Western mainstream media source, Iceland just sentenced another five high level bankers to prison for directly contributing to the collapse of the country’s economy in 2008.
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26 bankers already sentenced to a combined 74 years in prison
icelandmag.visir.is | November 3, 2015
In two separate rulings last week, the Supreme Court of Iceland and the Reykjavík District Court sentenced three top managers of Landsbankinn and two top managers of Kaupþing, along with one prominent investor, to prison for crimes committed in the lead-up to the financial collapse of 2008. With these rulings the number of bankers and financiers who have been sentenced to prison for crimes relating to the financial collapse has reached 26, and a combined prison time of 74 years.
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Text of the Secondary Mortgage Market Enhancement Act of 1983 allowed the flood gates to open for MBS
November 3, 2015
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October 2015

Supreme Court of California Case Notification for: S218973
appellatecases.courtinfo.ca.gov | October 30, 2015
Petition for review after the Court of Appeal affirmed the judgment in a civil action. The court limited review to the following issue: In an action for wrongful foreclosure on a deed of trust securing a home loan, does the borrower have standing to challenge an assignment of the note and deed of trust on the basis of defects allegedly rendering the assignment void?
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William C. Erbey Has Built an Empire on Misery
inthesetimes.com | October 27, 2015
Ex-Litton Loan Servicing turned whistleblower, Chris Wyatt, has continued to hold Ocwen Servicing responsible for egregious errors in pushing foreclosures in California. In a recent letter to the California Department of Business Oversight he alleges that Ocwen used tainted documents; specifically, outdated Power of Attorney authorizations to evict families in direct contravention of the California Homeowner’s Bill of Rights. His letter is appended to the end of this piece.
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Bias in the Courts: UCC and TILA Review
livinglies.wordpress.com | October 3, 2015
Our legal history has many examples of enormous errors committed by the Courts that were obvious to some but justified by many. The result is usually mayhem. The cause is a bias toward some underlying fact that was untrue at the time.
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George Carlin nails it in the head… The American Dream
stopforeclosurefraud.com | October 2, 2015
"You have to be asleep to believe it." A short excerpt from the video "Life Is Worth Losing" (2005).
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AMADO VALBUENA et al., Plaintiffs and Appellants, v. OCWEN LOAN SERVICING, LLC, Defendant and Respondent
October 1, 2015
California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for publication or ordered published, except as specified by rule 8.1115(b). This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.
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September 2015

Chase Found Guilty (AGAIN) for Fabricating and Uttering False Documentation: CA Appeals Award $250,000+ Attorney Fees
livinglies.wordpress.com | September 28, 2015
In January Patrick Giunta and I won a case against US Bank, Chase and SPS. The basis was simple. The Trust never acquired the loan. Thus US bank failed to establish standing. The Plaintiff was US Bank as trustee for the certificate holders, but the real player was Chase who then slipped in SPS as a “Successor” to the “Servicing” of the a loan in which there were no servicing duties.
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Fin. Freedom Acquisition, LLC v. Standard Bank & Trust Co.
justia.com | September 24, 2015
On October 14, 2010, OneWest Bank sued Standard, as trustee, and unknown trust beneficiaries, to foreclose a “reverse equity” adjustable-rate mortgage on property held by the trust and executed in 2009. Standard filed an answer and counterclaim on July 19, 2011, seeking to rescind the mortgage, alleging violations of the Truth in Lending Act (TILA). 15 U.S.C. 1601. The circuit court dismissed.
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Segarra v. Federal Reserve Bank of N.Y.
justia.com | September 23, 2015
Plaintiff filed a whistleblower action against FRBNY, her former employer, and three of its employees. The district court dismissed the suit and determined, inter alia, that palintiff could not maintain claims against the employees under the banking agency whistleblower protection statute, 12 U.S.C. 1831j(a)(2). The court concluded that neither sharing an interest in the financial well‐being of a company nor sharing information about that company leads to a reasonable inference that the employees were performing services for the FDIC.
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Bank of America, N.A. v. Greenleaf
justia.com | September 22, 2015
BAC Home Loans Servicing, LP filed a complaint for foreclosure against Scott and Kristina Greenleaf. Bank of America, N.A. (the Bank) was substituted for BAC after the entities merged. After a trial, the court entered a judgment of foreclosure in favor of the Bank. The Supreme Judicial Court vacated the judgment based on the Bank’s lack of standing. On remand, the district court dismissed without prejudice the action due to the Bank’s standing defect.
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Justice Department Sets Sights on Wall Street Executives
nytimes.com | September 14, 2015
WASHINGTON — Stung by years of criticism that it has coddled Wall Street criminals, the Justice Department issued new policies on Wednesday that prioritize the prosecution of individual employees — not just their companies — and put pressure on corporations to turn over evidence against their executives.
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Avila v. CitiMortgage, Inc. (7th Cir.) Home Burns
justia.com | September 14, 2015
Avila bought his Chicago home with a $100,500 CitiMortgage loan. Five years later, a fire made the house uninhabitable. Avila’s insurance carrier paid out $150,000. CitiMortgage took control of the proceeds and paid $50,000 to get the restoration underway. CitiMortgage later inspected the work and found that it needed to be redone.
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Citibank Keeps Insurance Proceeds; Homeowner Shafted
justia.com | September 14, 2015
At issue in this case was Connecticut’s debt negotiation statutes, Conn. Gen. Stat. 36a-671 through 36a-671e, which authorize the Banking Commissioner to license and regulate persons engaged in the debt negotiation. Plaintiff, a national consumer advocate law firm, petitioned the Commissioner for a declaratory ruling stating that Plaintiff qualified for exemption from the debt negotiation statutes under the attorney exception.
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Court Dismisses His Claim of Fiduciary Duty
justia.com | September 14, 2015
Churn, the owner of a Tennessee construction company, was convicted of seven counts of bank fraud stemming from two schemes in which he received bank loans ostensibly to construct houses, but performed little to no work. The district court sentenced him to 33 months in prison and ordered restitution of $237,950.50.
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UD tenants lose challenge (9th Circuit Ct of Appeal) to reassigning all UD cases to "hub courts" in LA County
justia.com | September 9, 2015
Plaintiffs and numerous non-profit organizations filed a class-action suit challenging one aspect of the LASC's consolidation plan: the consolidation of unlawful detainer (tenant eviction) actions into hub courts.
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Proof of Ongoing Foreclosure Fraud and Mortgage Document Fabrication, in Five Emails
nakedcapitalism.com | September 6, 2015
Five years ago this month, GMAC became the first mortgage servicer to announce that they would suspend foreclosure operations, due to irregularities in their document preparation. Within a few weeks every major mortgage servicer in America followed suit. This is usually called the robo-signing scandal, but to be more precise we gave it the name foreclosure fraud. It ended with the five leading servicers, including GMAC, signing the $25 billion National Mortgage Settlement.
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Homeowner Sheedy loses to WAMU/CHASE & Deutsche Bank in First Circuit
nakedcapitalism.com | September 6, 2015
In 2004, Laura Sheedy refinanced property she owned. For the transaction, Sheedy executed a promissory note and mortgage in favor of Washington Mutual Bank (WAMU). The mortgage was eventually assigned to Deutsche Bank National Trust Company. JPMorgan Chase National Association (Chase) serviced the loan. Deutsche Bank subsequently commenced foreclosure proceedings.
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August 2015

Official Cynthia Riley Deposition (WAMU/Chase cases) Infamous ROBOSIGNER
August 31, 2015
Download Notice of Filing Disposition.
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Homowner loses to CHASE (Second Dist. Div. 3 holds "No standing" to challenge foreclosure DISAGREES w/Glaski)
August 27, 2015
APPEAL from orders of the Superior Court of Los Angeles County, Barbara Scheper, Judge. Affirmed. Law Offices of Bruce J. Guttman and Bruce J. Guttman, for Plaintiff and Appellant. Wood, Smith, Henning & Berman, Raymond Babaian, Christopher D. Perez, Andrew J. Mallon and Fred R. Vasquez, for Defendant and Respondent Canterbury Lots 68, LLC. Bryan Cave, Christopher L. Dueringer and Nicole N. King, for Defendant and Respondent JPMorgan Chase Bank, N.A.
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The Illuminati and the House of Rothschild
redicecreations.com | August 25, 2015
The "Illuminati" was a name used by a German sect that existed in the 15th century. They practiced the occult, and professed to possess the 'light' that Lucifer had retained when he became Satan.
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Homeowner Consumer gets a Break from Second Circuit Court of Appeal
justia.com | August 14, 2015
Plaintiff filed suit under the Fair Debt Collection Practices Act (FDCPA), 15 U.S.C. 1692 et seq., against FCI, his mortgage loan servicer and a debt collector, alleging that FCI violated the FDCPA by sending him two written communications that failed to comply with FDCPA requirements that debt collectors timely provide certain notices to debtors.
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Mortgage Defense and the Law of Restitution
August 12, 2015
Wanton and willful financial misconduct in the origination, securitization, servicing and foreclosure of a mortgage debt will not bar collection and enforcement of the debt. Notwithstanding the creditor’s misconduct, the sanctity of debt is the controlling and paramount variable. Judges believe that absent strict enforcement of the obligation to repay debt, the engine of commerce will grind to a halt without lubrication of the gears with commercial credit.
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July 2015

Bergeron v. New York Community Bank
justia.com | July 31, 2015
Osceola County Clerk of Court Armando Ramirez hired a company owned by a felon — convicted in a $64 million scam in the 1990s that stole money from the U.S. government — to review county mortgage records last year. Ramirez employed David Paul Krieger's company, DK Consultants LLC of San Antonio, in June 2014 and paid the company $34,500 to find out whether Wall Street banks had illegally foreclosed on hundreds of local homes, records show.
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In re Montierth
justia.com | July 31, 2015
Appellants filed a promissory note that was secured by a deed of trust on their property. At the time that Appellants defaulted, Respondent was the holder of the note and Mortgage Electronic Registration Systems, Inc. (MERS) was the beneficiary of the deed of trust securing the note. After Appellants filed for bankruptcy, MERS assigned its interest in the deed of trust to Respondent.
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Outfit Given "No-Bid" Contract By Central Florida Court Official To Conduct Forensic Audits Of Banksters' Mortgage Documents Recorded With County Was Owned By 1990's Anti-Government Felon Convicted In $64 Million Scam
orlandosentinel.com | July 28, 2015
Osceola County Clerk of Court Armando Ramirez hired a company owned by a felon — convicted in a $64 million scam in the 1990s that stole money from the U.S. government — to review county mortgage records last year. Ramirez employed David Paul Krieger's company, DK Consultants LLC of San Antonio, in June 2014 and paid the company $34,500 to find out whether Wall Street banks had illegally foreclosed on hundreds of local homes, records show.
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Chase Bank Ordered to Stop Collecting on 528,000 Accounts – Pay $50 Million to Consumers
skibalaw.com | July 28, 2015
On July 8, 2015 the Consumer Financial Protection Bureau (CFPB) and 47 states took action against Chase Bank for illegal debt collection activities involving the sale of delinquent accounts to third-party junk debt buyers.
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JPMorgan Reaches $388 Mln Settlement In Mortgage Securities Lawsuit
nasdaq.com | July 19, 2015
(RTTNews.com) - JPMorgan Chase & Co. (JPM) agreed to pay $388 million to settle a suit by investors who claimed the bank misled them about the safety of $10 billion worth of residential mortgage-backed securities it sold before the financial crisis. Robbins Geller Rudman & Dowd LLP announced a $388 million recovery on behalf of a class of investors in nine 2007 residential mortgage-backed securities or MBS offerings issued by JPMorgan- bringing to a successful conclusion one of the last remaining MBS purchaser class actions arising out of the global financial crisis.
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Washington SC will Title Co Owes Duty to Homeowner not to Record Fraudulent Docs
justia.com | July 17, 2015
This case arose from a dispute between plaintiffs and Chicago Title over whether Chicago Title breached a duty of care to plaintiffs, causing damages, when it recorded unauthorized liens on Plaintiff CPIII's property. Because this appeal turns on an unresolved question of Washington law, the court certified the following question to the Washington Supreme Court: Does a title company owe a duty of care to third parties in the recording of legal instruments?
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Rescission Causing a Stir: NEXT WEEK! On the Neil Garfield Show
livinglies.wordpress.com | July 17, 2015
The question is what do you do after you have sent the notice of rescission? And that extends to rescissions that were sent years ago. There are many nuances here caused by State and Federal law. But one thing cannot denied: the rescission is effective by operation of law when it is mailed and nothing except another operation of law can change that.
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Rescission Update: The Notice and the Response
livinglies.wordpress.com | July 15, 2015
The challenge is getting people to accept the simplicity of the specific statutory procedures contained in the statutes governing TILA Rescission. The most common mistake I see is that the borrower justifies the rescission with all sorts of factual allegations in their notice of rescission. In so doing they may have set the stage for their undoing.
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U.S. Court of Appeals for the Ninth Circuit Summaries for July 15, 2015
justia.com | July 15, 2015
Foley v Biter: Petitioner, convicted of first degree murder and related charges, appealed the district court's order denying his motion for relief from judgment pursuant to F.R.C.P. 60(b)(6). Petitioner properly filed a petition for habeas corpus in federal district court in 2001; the district court denied the petition in 2004; and petitioner's counsel, forgetting that he represented petitioner, did not inform petitioner of the denial. Petitioner discovered that his petition was denied six years later when he sent a letter inquiring about his status.
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Compelling Discovery and Explaining Why You want Answers
timothymccandless.wordpress.com | July 12, 2015
I have always said that these cases will be won in discovery. Discovery must of course be preceded by proper pleading. Typically borrowers ask all the right questions and get no answers. They are met with objections that are, to say the least, disingenuous. The motion to compel better answers or to overrule the objections of the party seeking foreclosure is the real battle ground, not the trial.
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Cosajay v. MERS - Homeowners Have the Right to CHALLENGE Assignments
July 12, 2015
Federal Court Judge John J. McConnell issued a decision in the Cosajay v. MERS case this week. This case provides the plaintiffs with an opportunity to over-turn thousands of home foreclosure cases and will be viewed as a watershed moment in foreclosure law. Judge McConnell's decision in the case puts to bed once and for all the contention that homeowners have no right to challenge fraudulent assignments appearing in their chain of title.
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Homeowner has standing to sue when assignments were withheld
July 12, 2015
This matter is before the Court on Plaintiff Eloisa Cosajay's objection to a Report and Recommendation (R&R) issued by Magistrate Judge Martin on June 23, 2011, in which he recommended that her mortgage foreclosure case be dismissed for lack of standing because she was not a party to the assignment documents that her lawsuit challenged.
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Supreme Court of California Case Notification for: S218973
appellatecases.courtinfo.ca.gov | July 12, 2015
Petition for review after the Court of Appeal affirmed the judgment in a civil action. The court limited review to the following issue: In an action for wrongful foreclosure on a deed of trust securing a home loan, does the borrower have standing to challenge an assignment of the note and deed of trust on the basis of defects allegedly rendering the assignment void?
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Rescission Litigation: 3 days from when? 3 years from when?
livinglies.wordpress.com | July 3, 2015
This wraps things up for the week, and a reminder that there is no show tonight. I think the following rules should be applied to the letter of rescission. Remember that Congress explicitly stated that borrowers have the right to effectuate rescission with a mere letter. Congress did not state that the lenders could reject the rescission with a letter. They MUST file a legal action alleging whatever defects they wish to assert. Since the rescission is effective by operation of law it is ONLY through operation of law that the rescission could be vacated.
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June 2015

Fannie bumped in Idaho
justia.com | June 28, 2015
The Federal National Mortgage Association (“FNMA”) purchased Russell Hafer’s home at a non-judicial foreclosure sale. FNMA filed an eviction suit when Russell and his wife, Sandra, refused to vacate. The Hafers claimed that the foreclosure sale was invalid because their loan servicer, American Home Mortgage Services, Inc.(now known as Homeward Residential, Inc.), agreed to modify the terms of Russell’s loan just prior to instituting foreclosure proceedings.
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How the banksters try to wiggle out of rescission
livinglies.files.wordpress.com | June 28, 2015
From one of my readers, I received the Power Point Presentation (PDF) given by a law firm representing the banks. It confirms everything I have been saying. It also offers a glimpse of some of the ways they will try to wiggle out of it. Suffice it to say that in addition to losing far more cases than what has been previously been reporting, the banks are now stuck with a problem that they can't fix, to wit: when they try to "securitize" a pool of new loans they cannot say that the deal is done because the borrower could assert a right to rescind triggering a nightmare of problems for all the parties starting with origination. The appetite for mortgage backed securities is almost certainly going to decline or vanish completely.
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Homeowner wins DUAL TRACKING issue against OCWEN
June 26, 2015
Plaintiffs filed suit against Ocwen after their lender's purchase of their residence at a nonjudicial foreclosure sale, alleging that Ocwen violated Civil Code section 2923.6, the prohibition on "dual tracking" contained in the Homeowners Bill of Rights, when it conducted a foreclosure sale of plaintiffs' property while their loan modification application was pending. The trial court sustained Ocwen’s demurrer.
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Baron Rothschild indicted in France over fraud case
theolivepress.es | June 22, 2015
FRENCH police have been ordered to track down one of Europe’s wealthiest aristocrats over a fraud involving hundreds of British pensioners. Baron David de Rothschild has been indicted over the allegations after the victims, mostly expats living in Spain, bought into his loan scheme.
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Apply for Attorney Fees as Soon as Your Attorney Obtains a Preliminary Injunction; You do NOT have to Wait Until the End to Get Attorney Fees!
law.justia.com | June 19, 2015
In 2012, new legislation imposed specific limitations regarding the nonjudicial foreclosure of owner-occupied residential real property. Among other things, the statutory scheme provided that a court may award reasonable attorney fees and costs to the "prevailing borrower:" "A borrower shall be deemed to have prevailed for purposes of this subdivision if the borrower obtained injunctive relief or was awarded damages pursuant to this section."
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NEW Fraud Reporter: First Edition
June 15, 2015
Welcome to the first issue of The Fraud Reporter, a periodic newsletter designed to be a source of news and information regarding fraud prevention, investigation and litigation. We hope that you will find this newsletter to be a useful tool to stay current on fraud-related issues.
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USURY REVIVED: 2d Circuit Rules Assignee Does Not Inherit the Preemption of National Banks
livinglies.wordpress.com | June 12, 2015
This is a decision with extremely far reaching consequences. Practically all debt now is subject to claims of securitization. Thus most “loans” are assigned and/or sold or transferred to a third party. It has been assumed that the National Banking Act preempted any local laws on usury.
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Aurora v. Taylor NY Ct Appeals Holds Aurora had STANDING to foreclose as note was transferred to Aurora before foreclosure started
justia.com | June 12, 2015
Defendant executed an adjustable rate note to First National Bank of Arizona, wherein she agreed to repay a loan. To secure payment, Defendants executed a mortgage with the the bank. The loan was subsequently made part of a residential mortgage-back securitization trust, and Deutsche Bank Trust Company Americas became the owner of the note.
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JP Morgan Chase Bank, N.A. v Butler
nycourts.gov | June 10, 2015
In an action to foreclose a mortgage, the plaintiff appeals, as limited by its brief, from so much of an order of the Supreme Court, Kings County (Schack, J.), entered July 10, 2013, as (a) granted those branches of the motion of the defendant Frederick D. Butler which were (i) pursuant to CPLR 2606 for the payment out of court of the sum of $490,000, held on deposit by the Kings County Clerk, to the extent of directing a payment to him in the sum of $55,617.11, and (ii) pursuant to 22 NYCRR 130-1.1 for the imposition of sanctions against the plaintiff and/or its attorneys to the extent of directing a hearing to determine whether sanctions should be imposed, and (b) denied its cross motion pursuant to CPLR 2606 for the payment out of court of the sum of $490,000, held on deposit by the Kings County Clerk, and directed a hearing to determine whether it was entitled to the balance of the sum held on deposit by the Kings County Clerk.
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Supreme Court of California Case Notification for: S218973
appellatecases.courtinfo.ca.gov | June 10, 2015
Petition for review after the Court of Appeal affirmed the judgment in a civil action. The court limited review to the following issue: In an action for wrongful foreclosure on a deed of trust securing a home loan, does the borrower have standing to challenge an assignment of the note and deed of trust on the basis of defects allegedly rendering the assignment void?
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Rescission Confusion Persists
livinglies.wordpress.com | June 10, 2015
For more information on common law rescission, TILA Rescission and foreclosure defenses please call 954-495-9867 or 520-405-1688. THIS IS NOT A LEGAL OPINION ON ANY ONE PARTICULAR CASE. GET A LAWYER, BUT INSIST THAT HE OR SHE DO THOROUGH ANALYSIS BEFORE HE OR SHE GIVES AN OPINION.
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STANDING - 8th Circuit finds homeowner has NO STANDING to challenge failure to timely transfer into the trust
justia.com | June 7, 2015
Rogers’s 2005 mortgage on her Minnesota home was executed in favor of Countrywide and it listed Mortgage Electronic Registration Systems (MERS) as the mortgagee. In 2008, MERS transferred its interest in the mortgage to a securitized mortgage trust by assigning the mortgage to Bank of New York as Trustee for the Certificate holders.
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JPMorgan Chase mortgage banker sentenced for bribery, tax evasion
housingwire.com | June 7, 2015
A Texas mortgage banker was sentenced to six months in prison, followed by six months of home confinement, for her role in a commercial bribery and tax evasion scheme. Lynda Sanabria of Rockwall, Texas, admitted accepting hundreds of thousands of dollars in bribes in return for selling mortgage loans to her preferred customers on the secondary mortgage market.
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IMPORTANT USSC DECISION 6-1-15 RE: 2d TD's Survive Ch 7 BK UNLESS Debtor Objects to Bankster's 506(d) Claim and Court Sustains the Objection
June 2, 2015
I previously advised to ALWAYS make OBJECTIONS in the court below. They are usually waived on appeal if not made below (few rare exceptions-like when Ap Ct wants to create stare decisis on one of their pet issues. THIS USSC CASE IS A PERFECT EXAMPLE OF WHAT I HAVE BEEN PREACHING FOR YEARS! This is about SECOND TRUST DEEDS in Chapter 7 BK case. Are they discharged where the FIRST TD AMOUNT is MORE than the appraised or market value of the home; hence they would not be paid off in foreclosure.
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May 2015

Court Appeals Second Circuit Reversed District Court's Holding Whether NBA Preempts Claims & Denial of Class Certification; Debtor Plaintiffs Given Second Chance
justia.com | May 29, 2015
Plaintiff filed a putative class action alleging that defendants violated the Fair Debt Practices Act (FDCPA), 15 U.S.C. 1692e, 1692f, by charging and attempting to collect interest at a rate higher than permitted under the law of her home state and that defendants violated New York's usury law, N.Y. Gen. Bus. Law 349; N.Y. Gen. Oblig. Law 5-501; N.Y. Penal Law 190.40.
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HBOR Collaborative May Foreclosure Newsletter
May 28, 2015
HBOR Collaborative's May Foreclosure Newsletter (PDF) features an article on tort liability for bad servicing and improper loan modification practices. It also includes summaries of recent HBOR and foreclosure-related case law, new HUD guidance on non-borrowing spouses with reverse mortgage, and information on a free foreclosure PLI training on July 14.
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Who's Money Did They Loan?
nesaranews.blogspot.com | May 28, 2015
Please read these cases, then open the gif for Title 62 Revised Statutes Chapter 4. Read section 37 real close and ask yourself, Who's money did they loan? A national bank cannot lend its credit or become the guarantor of the obligation of another unless it owns or has an interest in the obligation guaranteed especially where it receives no benefits therefrom. Citizens' Nat. Bank of Cameron v. Good Roads Gravel Co., Tex.Civ.App.1921, 236 S.W. 153, dismissed w.o.j.
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CA Appelate Decision: Damage Claims Against OneWest Goes to Jury, Summary Judgment reversed
livinglies.wordpress.com | May 26, 2015
This case allows the jury to hear claims against OneWest for fraud, negligent misrepresentation, concealment, promissory estoppel, negligence, wrongful foreclosure, and violation of CA Business and Professional Code. Here is an example of the obvious: a Judge takes no risk in denying a motion for summary judgment. It is only when the Judge grants summary judgment that there is a risk of reversal.
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This Former Bank Regulator Quit His Job to Fight For His House
vice.com | May 26, 2015
Eric Mains is fulfilling a dream many Americans have had since the onset of the financial crisis seven years ago: He's attacking fraud in the banking industry as aggressively as he can, using every possible tool under the law to achieve justice —and win some money back for himself.
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Important TILA rescission not barred under SSC Jesinoski c. CW; however, lost as he never alleged 1635(i)(2) claim
justia.com | May 19, 2015
After refinancing a home mortgage in 2007, Beukes, mailed a notice of rescission in 2010, which was rejected. Beukes stopped making payments. Mortgage Electronic Registration Systems (MERS), as nominee for the lender, published notices of a mortgage foreclosure sale. MERS ultimately purchased the property at a foreclosure sale. Beukes sued, seeking rescission and damages under the Truth in Lending Act, 15 U.S.C. 1635(a), claiming that the amount disclosed as the finance charge on the loan understated the amount they were actually charged by $944.31.
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IMPORTANT NY Case 6-yr SOL does not bar suit where FORGED DEED is VOID AB INITIO no SOL bar
justia.com | May 19, 2015
Faison v Lewis 2015 NY Slip Op 04026 Decided on May 12, 2015 Court of Appeals Rivera, J. Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431. This opinion is uncorrected and subject to revision before publication in the Official Reports.
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Consumers LOSE BIGTIME at Ninth Circuit - Debt Collector Can Charge 10% Pre-Judgment Interest
justia.com | May 13, 2015
Plaintiff filed suit against defendant, a debt collector, alleging that by sending a collection letter that sought ten percent interest on a debt, defendant violated the federal Fair Debt Collection Practices Act (FDCPA), 15 U.S.C. 1692(f)(1) and thereby violated California's Fair Debt Collection Practices Act (the Rosenthal Act), Cal. Civ. Code 1788-1788.33.
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Your questions about Rules of Notary Publics in CA
May 12, 2015
When completing a certificate of acknowledgment or a jurat, a notary public is required to certify to the identity of the signer of the document. (Civil Code sections 1185(a), 1189, Government Code section 8202) Identity is established if the notary public is presented with satisfactory evidence of the signer’s identity.
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The Enemy... Snake in the grass... Black Widow Nest
May 12, 2015
For those of you who dont know... there is UTA. United Trustees Association. It is one of the Black Widow nests we are up against in our fight that we dont even know about.
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The Rosen Law Firm Reminds Altisource Residential Corporation Investors of the Important Deadline in the Class Action Filed by the Firm
businesswire.com | May 10, 2015
NEW YORK--(BUSINESS WIRE)--The Rosen Law Firm, a global investor rights law firm, reminds purchasers of Altisource Residential Corporation (RESI) securities from February 7, 2013 through January 23, 2015 of the important May 26, 2015 lead plaintiff deadline in the class action filed by the firm. The lawsuit seeks to recover damages for Altisource Residential Corporation investors under the federal securities laws.
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Your Questions About Rules of Notary Publics in CA (they are commissioned for four years at a time) - Must Sit for Exam Each and Every Four Years and be Fingerprinted Again
sos.ca.gov | May 10, 2015
Click here to download handbooks used to sit for the every 4-year exam live, followed up by obtaining new fingerprints each time.
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Nod on Void Dot is Notice of Cloud on Title But Does Not Bar Suit to Quiet Title Statute of Limitations is Not a Bar
justia.com | May 8, 2015
Salazar was born in Mexico in 1945. He speaks little English and cannot write English. His wife attended school through the second grade. She does not speak, read or write English. They operate a food truck. In 1992, they purchased commercial property on Brundage Lane in Bakersfield. Most of the businesses occupying the property were run by their children, who did not pay rent. They also had rent-paying tenants.
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Nebraska Supreme Court Rules Against Homeowner - No Standing to Challenge Assignment as They Could Not Show Any Damage From Such Assignment
justia.com | May 8, 2015
Plaintiffs asserted six causes of action against Wells Fargo Bank, N.A. (Wells Fargo), the Federal National Mortgage Association (Fannie Mae), Erika Knapstein, Bank of the West, and Jeff T. Courtney arising out of the foreclosure and subsequently sale of Plaintiffs’ residence. As a premise for all causes of action, Plaintiffs asserted that the assignment of their mortgage was defective.
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Delaware Supreme Court Rules Against Homeowner - Failed to Timely File Notice of Appeal of Grant of Summary Judgment to Bank
justia.com | May 8, 2015
In 2013, the Superior Court granted Branch Banking and Trust Company's ("BB&T") motion for summary judgment on its foreclosure and breach of contract claims. In 2014, the Superior Court entered a final judgment order awarding damages to BB&T. The Eids failed to file a timely notice of appeal of thatorder.
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IMPORTANT USSC Decision! Applies in all BK, BAP, and Appellate Courts in ALL STATES
May 5, 2015
After filing for Chapter 13 bankruptcy, Bullard submitted a proposed repayment plan. Bullard’s mortgage lender objected to the plan’s treatment of its claim. The Bankruptcy Court sustained the Bank’s objection and declined to confirm the plan. Bullard appealed to the First Circuit Bankruptcy Appellate Panel, which concluded that denial of confirmation was not a final, appealable order, 28 U.S.C.158(a)(1), but heard the appeal under a provision permitting interlocutory appeals “with leave of the court,” and agreed that Bullard’s proposed plan was not allowed.
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Debt Collection Substantive Defenses - Good Debt Collection Chart To Print Out & Use In Court
May 4, 2015
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Opposing Motion to Expunge Your LIS PENDENS - See case ZAVIEH v. RWW 4-2-15
May 3, 2015
Although under CA Rules of Court, one cannot cite a case which is UNPUBLISHED, you can READ this case, and USE the same arguments, and the same PUBLISHED authorities this court cited in its UNPUBLISHED decision. The court's arguments are excellent!
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Court Allows Damages for Lost Rental Income and Emotional Distress Against the Bankster
justia. com | May 3, 2015
At issue in this case were allegations of a wrongful foreclosure and related causes of action. Plaintiff John Miles appealed a judgment dismissing his breach of contract, fraud, and negligent misrepresentation causes of action pursuant to a sustained demurrer, and a summary judgment in favor of defendants banks on the wrongful foreclosure cause of action.
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TILA Rescission: Three Years from When? Three Days from When?
livinglies.wordpress.com | May 3, 2015
James Macklin, a senior forensic analyst has worked together with attorneys and produced the following article on the “statute of limitations” as it applies to notices of rescission. I think I agree with their premise but would add that in all probability, if the lender is not known — the three day right of rescission starts to run when the real lender is disclosed.
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HBOR Collaborative April Foreclosure Newsletter
May 1, 2015
The HBOR Collaborative's April 2015 Foreclosure Newsletter is out!  It includes our updated Representing Tenants and Former Homeowners in Post-Foreclosure Evictions practice guide. This updated version reflects the expiration of the Protecting Tenants at Foreclosure Act at the end of 2014, as well as recent case law and statutory updates.
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April 2015

Bankruptcy and the Secured Creditor
timothymccandless.wordpress.com | April 28, 2015
In the last few years there have been a number of widely publicized bankruptcies such as Eastern Airlines and Macy’s. In North Carolina we have seen Brendle’s, Piece Goods and Roses Department Stores file for bankruptcy protection. From 1984 to 1991, the bankruptcy filings throughout North Carolina reflected a 40% increase. Of those filings, approximately 25-30% were Chapter 7 liquidations, 70-75% were Chapter 13 wage-earner reorganizations, and the rest were either Chapter 11 reorganizations or Chapter 12 farmer reorganizations.
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Another Amicus Brief Filed in Yvanova Case at CA Supreme Court
appellatecases.courtinfo.ca.gov | April 21, 2015
Petition for review after the Court of Appeal affirmed the judgment in a civil action. The court limited review to the following issue: In an action for wrongful foreclosure on a deed of trust securing a home loan, does the borrower have standing to challenge an assignment of the note and deed of trust on the basis of defects allegedly rendering the assignment void?
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Bride Of Benghazi: GOP Opens New Scandal Circus Over Mortgage Settlements
huffingtonpost.com | April 21, 2015
WASHINGTON -- Since taking control of both chambers of Congress in January, Republicans have grappled with newfound pressure to govern. But the House Judiciary Committee on Thursday got back to basics: drumming up conservative outrage with a fresh, flimsy scandal.
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Ninth Circuit's Take on Mortgage Fraud
justia.com | April 21, 2015
After a jury trial, Defendant was convicted of twelve felony counts related to a complex mortgage fraud scheme. Defendant filed two motions for a new trial, arguing that the government violated Brady v. Maryland by withholding material exculpatory evidence and violated her Fourth Amendment right to be free from unreasonable searches.
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TILA Loan Rescission
hofj.org | April 20, 2015
The unanimous Jan 15, 2015 Supreme Court Decision regarding TILA Home Loan Rescission is changing Foreclosure Defense.
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McCulley v. US Bank of Montana - $5 million punitive damages AFFIRMED; Watch what USSC does with this when US Bank files for USSC Writ of Certiorari
justia.com | April 17, 2015
Plaintiff sought a thirty-year residential financing loan from the predecessor to U.S. Bank in the amount of $300,000. Three years later, Plaintiff filed suit against U.S. Bank alleging that the Bank committed fraud by issuing, without notice, an eighteen-month, $300,000 commercial loan, rather than the thirty-year residential property loan for which she applied.
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Important Case in 9th Circuit. Erie Doctrine Analyzed And Confirmed
April 17, 2015
I have explained this ERIE DOCTRINE in several prior emails to foreclosure advocates. Now our NINTH CIRCUIT reiterates IN WRITING exactly what I have preached for years. When you are in FEDERAL COURT the federal court applies FEDERAL RULES OF PROCEDURE; however, where there is a SUBSTANTIVE ISSUE the federal court must APPLY STATE LAW to the ISSUE.
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The Power of Standing Up - United Together Gets Results! Bank of America failed.
April 17, 2015
Public Citizen's financial reform expert, Bartlett Naylor, has filed a motion to break up Bank of America — and the U.S. Securities and Exchange Commission has agreed that the motion should be decided by the bank’s shareholders at their annual meeting in a few weeks.
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$6 Million Award Upheld by Montana Supreme Court!
April 15, 2015
The jury found that the Bank defrauded McCulley and awarded her $1,000,000 in compensatory damages and $5,000,000 in punitive damages, which the District Court approved. Today, the Supreme Court affirmed the damages judgment, and reversed the calculation of interest on the judgment.
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Bankruptcy Case reopened based upon prior rescission that was ignored
livinglies.wordpress.com | April 14, 2015
In a closed bankruptcy case, the debtor filed a motion to reopen it because the schedules were wrong — resulting from an erroneous interpretation of the law regarding rescission. Hence the prior rescission was effective when mailed and thus there were significant assets in the bankruptcy estate that were unencumbered by operation of law and thus were not computed in the discharge of debts and payments of creditors.
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Learn about RECAP to avoid charges downloading docs from PACER
April 11, 2015
You do not have to be a lawyer to have a PACER account to look at US cases and download docs from other files in federal court and bankruptcy court.
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Procedure to get a free PACER account to download docs on federal and bankruptcy cases
April 11, 2015
To obtain a free PACER (Public Access to Court Electronic Records) account for use in your CJA cases, follow this procedure.
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VERY IMPORTANT DEBT COLLECTION CASE! Third Circuit—Court FOUND STRICT LIABILITY on debt collectors who use "false, deceptive, or misleading representation"
April 11, 2015
Cite this case; file summary judgment on strict liability issue submit affidavits of "false, misleading, deceptive" representations, attaching those docs to your affidavit and "authenticating" them by testifying that you "received them" by mail on ____date.
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Dan Benham's Counter Claim to Bank
April 11, 2015
Please proof-read this counter claim (PDF) before implementing. Click here to listen to Foreclosure, Rod's class.
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Banks Moving on State Legislatures to Allow Wrongful Foreclosures
livinglies.wordpress.com | April 8, 2015
I have been getting reports from across the country that the Banks are lobbying for legislation, written by the Banks, to prevent states from bringing civil or criminal actions against banks and servicers bringing wrongful foreclosures. In short, they want to reverse the consent orders and settlements in which they promised to “review” and make sure that the right party was initiating foreclosure and was alleging true facts. All that might be undone if the Banks succeed in this new legislative push.
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Bank of America whistle-blower’s bombshell: We were told to lie
salon.com | April 1, 2015
Bank of America’s mortgage servicing unit systematically lied to homeowners, fraudulently denied loan modifications, and paid their staff bonuses for deliberately pushing people into foreclosure: Yes, these allegations were suspected by any homeowner who ever had to deal with the bank to try to get a loan modification – but now they come from six former employees and one contractor, whose sworn statements were added last week to a civil lawsuit filed in federal court in Massachusetts.
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U.S. Trustee Program Reaches $50 Million Settlement with JPMorgan Chase to Protect Homeowners in Bankruptcy
justice.gov | April 1, 2015
The Department of Justice’s U.S. Trustee Program (USTP) has entered into a national settlement agreement with JPMorgan Chase Bank N.A. (Chase) requiring Chase to pay more than $50 million, including cash payments, mortgage loan credits and loan forgiveness, to over 25,000 homeowners who are or were in bankruptcy. Chase will also change internal operations and submit to oversight by an independent compliance reviewer. The proposed settlement has been filed in the U.S. Bankruptcy Court for the Eastern District of Michigan, where it is subject to court approval.
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The Truth in Lending Act and Rescission: Lessons Learned by Lenders from Jesinoski v. Countrywide
natlawreview.com | April 1, 2015
The Supreme Court just made mortgage rescission a little bit easier for borrowers and scarier for lenders in Jesinoski v. Countrywide Home Loans. Under the Truth in Lending Act, 15 U.S.C. §1601-1677 (“TILA”), mortgage lenders are required to disclose the rights of obligors and other material disclosures to borrowers. Borrowers have a right of rescission for three days from the transaction or until the disclosures are made, up to three years after the transaction. The borrower must give notice to the lender of his or her exercise of the right to rescind within those time periods.
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New Bank of America whistle-blower emerges: More customer abuse secrets
salon.com | April 1, 2015
Last week, I detailed bombshell revelations from Bank of America whistle-blowers, in which former employees of the bank detailed systematic fraud and deceptive practices inside their loan modification department — including bonuses and Target gift cards for staff who racked up foreclosures.
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March 2015

Wells Wins in Second Circuit Court Appeal Boyce Loses Home in SB
justia.com | March 27, 2015
The Boyces signed a $1.155 million promissory note payable to Pacific Mortgage, secured by a deed of trust on their Santa Barbara house. Pacific Mortgage endorsed the note to Option One, which endorsed the note in blank and put it in a mortgage investment pool, of which Wells Fargo was trustee.
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FDIC Employee Quits and Goes Public With Complaint Against Chase, WAMU, Citi and two law firms
livinglies.wordpress.com | March 25, 2015
On Monday Eric Mains resigned from his employment with the FDIC. He had just filed a lawsuit against Chase, Citi, WAMU-HE2 Trust, Cynthia Riley, LPS, WAMU, and two law firms. Since he felt he had a conflict of interest, he believed the best course of action was to resign effective immediately.
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Supreme Court of California Case Notification for: S218973
appellatecases.courtinfo.ca.gov | March 22, 2015
Petition for review after the Court of Appeal affirmed the judgment in a civil action. The court limited review to the following issue: In an action for wrongful foreclosure on a deed of trust securing a home loan, does the borrower have standing to challenge an assignment of the note and deed of trust on the basis of defects allegedly rendering the assignment void?
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Mass Supreme Court Homeowner Gets Shafted; Court Holds No Standing to Challenge Assignment Bank's MTD Granted
March 13, 2015
At issue in this appeal was whether a respondent in a try title action may test the substantive merits of a petition’s claims in the first step of such an action, where the first step requires that the petition satisfy the jurisdictional elements of the statute. Petitioner in this case filed a petition to try title in the Land Court asserting that a purported assignment of a mortgage was invalid, thereby challenging a foreclosure by a Bank as trustee.
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When Second TD Lender Sues Balance Owed After 1st TD Lender Foreclosed and Took Home
March 13, 2015
Plaintiffs obtained loans to purchase their home in 2005, each secured by a deed of trust. Wells Fargo had the senior lien, and Chase had the junior lien. Wells Fargo foreclosed on the property, but the proceeds were not enough to pay off Chase’s loan. About a year later, Chase sent plaintiffs a letter, stating that plaintiffs still “owe[d]” $67,002.04 and offering to accept $16,750.56 “as settlement for [their] loan balance.”
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Appellate Courts Have No Mercy on Any Party Who Fails to Comply With Appellate Rules Dismissed Appeal
March 13, 2015
The superior court entered a judgment of foreclosure in favor of Plaintiff. Defendant appealed, arguing that the court abused its discretion or committed legal or factual error in several respects. The Supreme Court dismissed Defendant’s appeal, holding that because Defendant’s filings to the Court complied with neither the Maine Rules of Appellate Procedure nor the Court’s specific orders to him, Defendant failed to comply with Me. R. App. P. 8, which appellants must adhere to in order to receive proper appellate review.
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HBOR Collaborative February Foreclosure Newsletter
March 3, 2015
The HBOR Collaborative's February 2015 Foreclosure Newsletter is out! It includes an in-depth primer on advocating for non-borrowing successors-in-interest who receive title to their homes through death or divorce. It also includes summaries of important cases from the past month and important regulatory updates, including a brief description of HUD's new mortgagee letter addressing non-borrowing, surviving spouses of reverse mortgage borrowers.
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February 2015

Special Monitor OKs Procedures Used by Two of NJ’s Top Mortgage Lenders
njspotlight.com | February 19, 2015
Good news for Wells Fargo and OneWest, but more foreclosure trouble may be brewing if banks haven’t followed all rules. Four years into what has become a protracted state review of foreclosure cases brought by New Jersey’s six largest mortgage lenders, the courts have approved the document-handling procedures of two of the big banks.
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UNANIMOUS SCOTUS: TILA Rescission Effective on Notice: No Borrower Lawsuit Required
livinglies.wordpress.com | February 14, 2015
The decision is merely a statement of the obvious. Scalia, writing for a UNANIMOUS court said that the statute means what it says. All the decisions in all the states requiring the borrower to file suit to enforce rescission are wrong. The court says the rescission is effected upon notice to the “lender.” What that means to me is that the subsequent foreclosure, non-judicial or judicial is void because there is no mortgage. TILA says that unless the “lender” files suit within a specified period of time the rescission is effective as of the date of notice. It goes on to say that the “lender” just send back all payments and a satisfaction of mortgage and canceled note.
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Rescission Heats Up as Borrowers Head Back to Court to Use Supreme Court Reversal
livinglies.wordpress.com | February 8, 2015
For lawyers only: Many homeowners are going back and digging up their notices of rescission. There are cases in state court, federal court and bankruptcy court that could be and probably are effected by the US Supreme Court decision that made it clear that TILA rescission was a unique statutory remedy and that the common law right of rescission should not be used to interpret the explicit statutory remedy that is TILA Rescission.
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MERS wins BIG in West Virgina. Supreme Court rules MERS did NOT have to record assignments of TD's at Wyoming County Recorders.
justia.com | February 6, 2015
Certain trustees registered trust deed assignments securing the payment of a promissory note for the purchase of residential real estate with Mortgage Electronic Registration Systems, Inc. (MERS) rather than recording the trust deed assignments in county record books. Wyoming County and all other similarly situated West Virginia Counties (“Wyoming County”) filed a putative class action against the trustees, alleging that the recording of trust deed assignments in county record books is required by law.
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Wells Fargo Skewered by Federal Judge For Forgery as a Pattern of Conduct
livinglies.wordpress.com | February 4, 2015
What I like about the Federal Judge decisions is that they express the reasons for their orders and judgments with much greater specificity than State Court judges tend to do — probably because they have a lighter case load and when they get promoted it can go pretty high (like the US Supreme Court). So it should come as no surprise that a New York Federal Bankruptcy Judge issued a 30 page opinion that essentially said what people have been saying since 2007 — the entire foreclosure process is an exercise in illegal patterns of conduct to the detriment of the homeowners. Since he also made clear that the debt remains, we have yet to get a definitive opinion from a Judge that questions whether the original closing was valid and enforceable. for that we still need to wait.
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Missouri Wrongful Foreclosure: Trial Court Awards over $3 Million Including Punitive Damages and Quiet Title
livinglies.wordpress.com | February 3, 2015
Missouri had been impenetrable. Things change. This case finds that neither the GSE nor anyone else in the chain had the power to enforce the paper because they did not really have ownership of the loan, that their title was false, that quiet title is granted to plaintiffs, that foreclosure was wrongful, that compensatory damages are awarded and that punitive damages would be awarded. Total Judgment $3 million +.
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Court Turns Jaundiced Eye on Wells Fargo Robo-Mischief
ncbrc.org | February 1, 2015
Wells Fargo lacked standing to assert a claim pursuant to a Note secured by a Deed of Trust, where a forged indorsement in blank did not give it “holder” status under applicable Texas law. In re Franklin, No. 10?20010 (Bankr. S.D. N.Y. Jan. 29, 2015).
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January 2015

Regulation Z - 12 CFR 226 et. seq. - Notice of rescission under TILA - Tender Requirements
morganlewis.com | January 7, 2015
A notice of rescission under the Federal Truth in Lending Act (TILA) is the topic of this issue of the newsletter. In the recent case of Jesinoski v. Countrywide Home Loans the United States Supreme Court ruled unanimously that a borrower exercising their right to rescind under TILA is only required to provide written notice to their lender within the 3-year period, they are not required to file any lawsuit within that period.
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Supreme Court of California Case Notification for: S218973 Yvanova Answer Brief Filed
appellatecases.courtinfo.ca.gov | January 29, 2015
Petition for review after the Court of Appeal affirmed the judgment in a civil action. The court limited review to the following issue: In an action for wrongful foreclosure on a deed of trust securing a home loan, does the borrower have standing to challenge an assignment of the note and deed of trust on the basis of defects allegedly rendering the assignment void?
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The "MERS-LPS Racketeering Enterprise": Harkey V. US Bank Et Al.
libertyroadmedia.wordpress.com | January 27, 2015
A complaint filed on January 20, 2015 in U.S. District Court for Nevada—Michael Harkey v. U.S. Bank et al. (Case No. 2:14-cv-00177-RFB-GWF)–really breaks down exactly what the scam of MERS is, and it does so with a level of clarity and certainty the likes of which I have rarely seen. The document even gives the foreclosure fraud a more accurate name: “The MERS-LPS Racketeering Enterprise.”
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REMINDER! You MUST timely serve NOTICE OF APPEAL on all necessary parties within the time to appeal! WRITS of Mandate, Prohibition, or Review usually must be filed within 10 days
justia.com | January 23, 2015
A property owner appealed a valuation of its real property. After the Board of Tax Appeals issued its decision on August 29, 2013, the property owner appealed. The notice of appeal was filed on September 30, 2013, but the property owner failed to initiate service of the notice of appeal on the tax commissioner.
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When Does 3-Yr SOL Run on TILA Claims: USSC Just Held (Unanimously) Mixed Questions (Of Fact & Law) Must Go to a Jury
justia.com | January 23, 2015
You MUST now argue that EQUITABLE TOLLING applies to the 3-yr SOL on TILA Claims; then ARGUE this is a mixed question of FACT & LAW under HANA. BINGO! You just got the RIGHT to invoke a JURY on whether there is "equitable tolling" of your TILA claim!
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USSC Unanimous Decision in LIBOR Bankster Fraud Litigation
justia.com | January 23, 2015
The London InterBank Offered Rate (LIBOR) is a reference point in determining interest rates for financial instruments in the U.S. and globally. The Judicial Panel on Multidistrict Litigation (JPML) established a multidistrict litigation for cases alleging that banks understated their borrowing costs, depressing LIBOR and enabling the banks to pay lower interest rates on financial instruments sold to investors.
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Rhode Island Sup Ct. Finds Homeowner has NO STANDING to challenge assignment and MERS had authority to assign as "Nominee for Equity One" MSJ granted
justia.com | January 23, 2015
Plaintiff obtained a mortgage loan from Equity One, Inc. As security for the note, Plaintiff executed a mortgage on the property in favor of Mortgage Electronic Registration Systems (MERS). The note was twice transferred, eventually landing in the possession of Deutsche Bank, National Trust Company.
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Occupy Fights Foreclosures Kicks Off Campaign To End Ocwen's Fraud Against Homeowners
January 22, 2015
OCWEN - "TOO BIG AND TOO CORRUPTED TO SERVICE OUR LOANS"
Six years after the worse economic meltdown in US History, we still have yet to see significant prosecution of the authors of this cataclysmic fraud. Homeowners have had enough! It is time to stop forcing homeowners to carry the burden of this fraud and to go after the ones responsible.
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Yvanova V. New Century Mortgage Corporation
appellatecases.courtinfo.ca.gov | January 22, 2015
On application of respondent and good cause appearing, it is ordered that the time to serve and file the answer brief on the merits is extended to and including January 28, 2015.
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HSBC with Ocwen as the Servicer Loses Again at Appellate Court
forbes.com | January 16, 2015
"Party seeking foreclosure must Demonstrate it had STANDING at the time foreclosure proceeding was started" Please review the opinion to determine how you may apply the writing to your situation.
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Big Banks Fined $2.3B Over Illegal Libor Cartels, More Fines On The Way
forbes.com | January 16, 2015
Libor rigging allegations continue to cost the world’s big banks. The European Commission, the region’s antitrust regulators, hit eight big financial firms with $2.3 billion in fines for their alleged roles in the global Libor-rigging scandal. The settlement is based on antitrust laws and accuse the banks of participating in cartels.
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California regulators want to suspend Ocwen's license
finance.yahoo.com | January 16, 2015
California regulators are trying to suspend the mortgage license of Ocwen Financial Corp., saying the company failed to provide information that shows it complies with the state's laws to protect homeowners.
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Jesinoski v. Countrywide Home Loans, Inc.
justia.com | January 16, 2015
Exactly three years after borrowing money to refinance their home mortgage, the Jesinoskis sent the lender a letter purporting to rescind the transaction. The lender replied, refusing to acknowledge the rescission’s validity. One year and one day later, the Jesinoskis filed suit, seeking a declaration of rescission and damages.
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DiLibero v. Mortgage Elec. Registration Sys., Inc.
justia.com | January 16, 2015
In order to finance her purchase of a home, Plaintiff executed a note payable to New Century Mortgage Corporation. The note was secured by a mortgage on the property naming Mortgage Electronic Registration Systems, Inc. (MERS) as mortgagee.
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California seeking to suspend Ocwen Financial's mortgage license
latimes.com | January 15, 2015
The state is seeking to suspend the mortgage license of Ocwen Financial Corp., saying the payment collection firm has failed to turn over documentation showing that it complies with California laws protecting homeowners.
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A Forged Deed Is Void Ab Initio And Does Not Pass Title
January 14, 2015
"In an issue of first impression, we must decide whether an affirmative defense of forgery, supported by an affidavit alleging that the defendants’ signatures on a deed of trust were forged, raises a genuine issue of title intertwined with the issue of possession sufficient to deprive a justice court of jurisdiction in a forcible detainer action. We hold that it does."
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Supreme Court clarifies rules for rescinding mortgages
finance.yahoo.com | January 13, 2015
WASHINGTON (AP) — A unanimous Supreme Court ruled Tuesday that home buyers don't need to file a lawsuit, but may simply write a letter if they want to back out of a mortgage because they claim their lender violated the federal Truth in Lending Act.
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Exclusive Tell-All Interview With Retired Big Five Bank Executive
January 12, 2015
"It's only fraud if we get caught."
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USC 15 7003 (a) Transferable Records & SEC Form Sec D lsf 8
January 7, 2015
Who has the right to enforce a SECURITY? Can an UNIDENTIFIED claimant enforce a security?
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2014 Changes to the New York Uniform Commercial Code
morganlewis.com | January 7, 2015
On December 17, 2014, New York Governor Andrew Cuomo signed into law New York Assembly Bill 9933, which amends the Uniform Commercial Code (the UCC) of the State of New York. The bill, enacted as Chapter 505 of the Session Laws of 2014, generally adopts the 2001 revisions of Article 1, the 2003 revisions of Article 7, and the 2010 amendments to Article 9.
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Asset Securitization - Comptroller's Handbook 1997 & Paper Chase Doc
January 7, 2015
As you know if you have been in court on a foreclosure and used a securitization audit, the bank and court will say that you the “borrower” were not a party to the securitization therefore, you have no standing to bring up issues within the securitization audit.
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Two more Colorado foreclosure law firms charged with fraud
reuters.com | January 4, 2015
(Reuters) - Colorado's Attorney General John Suthers has sued two more law firms in the state for fraud, accusing them of inflating foreclosure costs charged to homeowners, his office said. As part of an ongoing investigation, Suthers has filed eight civil law enforcement actions against Colorado foreclosure law firms in 2014, five of which resulted in settlements totaling nearly $12 million.
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Ocwen Chairman to Step Down in Settlement With New York Regulator
dealbook.nytimes.com | January 4, 2015
The mortgage industry had high hopes for Ocwen Financial. The company’s chairman, William C. Erbey, had years of experience servicing subprime loans and helping financially troubled borrowers. But New York’s top financial regulator said that as its business grew, Ocwen subjected borrowers to the same problems as the big banks: missing paperwork, improper foreclosures and robo-signings.
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Is it true... that 97% of ALL Bank loans are based upon FRAUD?
youtube.com | January 2, 2015
One hour, twenty-two minutes on how 97% of Homeowners can catch the fraud done by bankers, after they Loan goes through, and before they can foreclose Illegally on your home. Former securities Broker, Valerie Lopez nails the banksters of Wall Street, and Pite Duncan, Attorneys acting as 3rd party Debt collectors. Final Edit.
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State Case in NINTH CIRCUIT parties may not waive fair market value in deficiency judgments post-foreclosure
justia.com | January 2, 2015
Loop 101, LLC (“Loop”) borrowed money from MidFirst Bank to construct an office building. The promissory note was secured by a deed of trust, and four individuals guaranteed payment. The note, deed of trust, and gurantees expressly waived the fair market value provision of Ariz. Rev. Stat. 33-814(A).
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December 2014

How 37 Banks Became 4 In Just 2 Decades, All In One Astonishing Chart
exposingtruth.com | December 30, 2014
If you were wondering how banks got “too big to fail,” here’s a good place to start. This chart shows us how, over the last couple of decades, 37 banks have became just 4 mega-banks. These same 4 mega-banks have, thus far, been immune to the consequences of any and all of their terrible decisions that places the entire world economy in jeopardy.
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Liens reattaching after foreclosure: DMC v Downey Sav. & Loan, 2002
digitalcommons.law.ggu.edu | December 30, 2014
When original owner of property, who transferred it to others who then defaulted, repurchases it after foreclosure with new purchase money loan, that lien has priority over wiped-out junior lien that revives and reattaches to property.
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2014 TILA Handbook
December 29, 2014
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MERS Wins Again in Eighth Circuit! No Duty to Record Assignments Under Minnesota Law
justia.com | December 26, 2014
The Mortgage Electronic Registration System (MERS) is a national electronic registry that does not originate, assign, or service mortgages, but charges a fee when members record or transfer a mortgage on the registry. Initially, mortgages are recorded with the county recorder and MERS becomes the mortgagee of record.
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Should China repatriate its 600 tons of gold reserves in U.S.?
english.sina.com | December 26, 2014
Where do governments store their gold reserves? According to media reports, more than 60 countries in the world have put a majority part of their gold reserves in the vaults of the Fed building in New York.
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Bankster Bailout Recipients
markofbail.com | December 26, 2014
Start with the Treasury and Federal Reserve websites. Another terrific resource is Propublica.org.  Anyone that worked at any of these firms, earned more than the Bailout Hurdle in any of the 5 years leading up to the bailout, should have a Bailout Liability that they must repay through an additional 10% Bailout Tax on income, dividends, capital gains or major transfers. 
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Ocwen Chairman to Step Down in Settlement With New York Regulator
dealbook.nytimes.com | December 23, 2014
The mortgage industry had high hopes for Ocwen Financial. The company’s chairman, William C. Erbey, had years of experience servicing subprime loans and helping financially troubled borrowers.
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Jeanelle Gray with Bethany Hood Etc as Robosigners at LPS for HSBC
December 22, 2014
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Consumer Forced into Arbitration on UCL, CLRA, and FAL Claims Against Bankster Citibank
law.justia.com | December 22, 2014
Plaintiff-respondent Sharon McGill sued defendant-appellant Citibank, N.A. for unfair competition and false advertising in offering a credit insurance plan she purchased to protect her Citibank credit card account. She brought claims under California’s unfair competition law (UCL), false advertising law (FAL), and Consumer Legal Remedies Act (CLRA), seeking monetary damages, restitution, and injunctive relief to prevent Citibank from engaging in its allegedly unlawful and deceptive business practices.
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Another LPS Deposition Mentions Everhome & Some Others Mortgage Entities
December 22, 2014
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Whistle-Blower on Countrywide Mortgage Misdeeds to Get $57 Million
dealbook.nytimes.com | December 12, 2014
A former Countrywide Financial executive who became a whistle-blower is collecting more than $57 million for helping federal prosecutors force Bank of America to pay a record $16.65 billion penalty in connection with its role in churning out shoddy mortgage and related securities before the financial crisis.
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Happy Holidays To All - Please Read Below Before You Donate This Year
December 16, 2014
A timely reminder before our generous spirits open up our wallets.
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HOFJ: 21 Steps to Taking Down the Banksters
veteranstoday.com | December 16, 2014
The City of London Banksters have used their main Cutout the Federal Reserve System to engulf the whole World in a sinister Web-of-Debt of US Petro Dollars that has led to numerous continuing wars accompanied by mass-death, maimings and unimaginable human sufferings.
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Free HBOR Collaborative Webinar Training - Saving Homes in Bankruptcy
December 15, 2014
Saving Homes in Bankruptcy- Join us for a webinar on Jan 13, 2015 at 12:00 PM PST. Register now!. Bankruptcy is one of the most effective tools for preventing foreclosure. From the automatic stay to the ability to cure mortgage arrears, bankruptcy can help save homes. But the power of bankruptcy goes beyond these two critical provisions. Any advocate working to preserve homeownership needs to know what bankruptcy can and cannot do for clients in financial distress. We will highlight the various ways in which bankruptcy can help clients keep their homes. 
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Rancho Cucamonga Pair Arrested for Stealing Title on Home and Selling it for Profit
sbcountyda.org | December 14, 2014
SAN BERNARDINO, Calif. – A Rancho Cucamonga man and woman were recently arrested for stealing Title on a home and selling it for profit. Investigators from the District Attorney’s Office Real Estate Fraud Unit arrested Emma Adel, 45, and Mazen Fazah, 39, on Nov. 25, 2014. Both Adel and Fazah were booked at West Valley Detention Center on felony arrest warrants for various criminal acts involving felony real estate fraud.
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What happened to those lost notes?
livinglies.wordpress.com | December 13, 2014
Prior commitments prevent me hosting the radio show tonight. To our Jewish friends, we celebrate the festival of sukhot. But as an introduction to topics coming up on this blog, we ask some questions about so-called “lost” notes. We have been hearing reports that the banks are admitting what Katherine Ann Porter told us 7 years ago — they regularly shredded the original note. Why would you shred the equivalent of cash unless you were hiding something and doing something wrong?
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Homeowner Gjurashaj's Statement of Disputed Facts to Defeat Bankster's MSJ
freebeacon.com | December 13, 2014
Defeating a Motion for Summary Judgement using disputed Material Facts Please this sample as pertains to your situation. This is a good submission to put into a court to clarify exactly what are the material facts in dispute regarding a case when a motion for summary judgment (MSJ) has been moved.
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FDIC WAMU Mortgage Assignments 2009-2014
December 13, 2014
See below email showing Bob Garrassi's 3 questions to FDIC employee after he sent Garassi a list of purported "mortgages and notes" that Chase purportedly "acquired" under the P&A agreement when WAMU collapsed in summer of 2008 (when the bubble burst) note the FDIC sent only a list of notes in New York. this is where Bob Garassi files his actions to recover damages for banksters failures to return the "original note" to the borrower as "cancelled" after the bankster forecloses and sells to a new buyer or rents the home out.
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Why are Bank employees getting survival kits?
freebeacon.com | December 12, 2014
The Department of Treasury is seeking to order survival kits for all of its employees who oversee the federal banking system, according to a new solicitation. The emergency supplies would be for every employee at the Office of the Comptroller of the Currency (OCC), which conducts on-site reviews of banks throughout the country. The survival kit includes everything from water purification tablets to solar blankets.
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Couple Wins $1M Suit Against Major Bank for 'Outrageous' Robocall Harassment
abcnews.go.com | December 12, 2014
Bank of America is being forced to hand over more than $1 million to a Florida couple after the bank flooded them with hundreds of loan collection calls for years – the latest example of alleged behavior that has cost the bank tens of millions.
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11th Circuit Homeowner Wins TILA Case: Denial of Atty Fees and Costs REVERSED!
justia.com | December 12, 2014
Plaintiff sought to rescind a loan she entered into with the trustee of a mortgage investment trust, and the district court granted rescission, finding that the mortgaged property was plaintiff's "principal dwelling" and the trustee failed to give plaintiff adequate notice of her right to rescind. In this case, the trustee failed to comply with two requirements of the Truth in Lending Act, 15 U.S.C. 1635, and a related regulation where he instructed plaintiff to sign simultaneously the loan documents and a postdated waiver of her right to rescind the transaction and the trustee failed to give plaintiff two copies of the notice of her right to rescind.
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Fannie/Freddie Authorized to Foreclose under Federal Charter - NO NEED TO REGISTER IN EACH STATE
justia.com | December 12, 2014
After foreclosure proceedings were instituted against Petitioners, Petitioners filed an amended class-action complaint against the Federal National Mortgage Association (Fannie Mae), the owner of their mortgage and note, arguing that Fannie Mae was not “authorized to do business” in the state, as required by the Statutory Foreclosure Act, because it had failed to obtain a certificate of authority from the Arkansas Secretary of State.
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PRO PER HOMEOWNERS: You Must Comply With Pleading Standards or Face Dimissal
justia.com | December 12, 2014
In 2006, Thompson signed a $354,800 mortgage note with AME as the lender. Several sections of the note and deed of trust noted AME’s intent to transfer the note. Its signature page contains a signed, undated stamp memorializing AME’s transfer to Countrywide and another signed, undated endorsement from Countrywide to blank. BOA purchased Countrywide and has the note. In 2012, BOA offered to short-sell her house in lieu of foreclosure.
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How to Jail Banksters: Follow the Money to Black Ops
stage2omega.com | December 11, 2014
Greg Morse, one of the earliest whistleblowers of the S&L frauds of the 1980’s, makes the case that the mortgage derivatives that crashed in 2008 were the biggest tax evasion in history and the biggest securities fraud in history. But he also alleges the money was passed through Swiss banks to fund black ops, overthrow governments and other criminal activity.
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Professor of Law & Economy, William Black, Former Federal Regulator S & L Crisis, Congressional Hearing 2011
youtube.com | December 11, 2014
William Black describes fraud and liers loans in the economic crisi
See video

Preliminary Report on Jason J Vecchio Fraudulent Signatures
December 11, 2014
Please see evidence of Andy Beal's fraud with forges allonges confirmed by document examiner. We believe the allonge in David Gates' case was similarly forged as well and the two assignments recorded 2 weeks after his home was burned out in the Jesusita fire.
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How to Jail Banksters: Follow the Money to Black Ops
stage2omega.com | December 11, 2014
Greg Morse, one of the earliest whistleblowers of the S&L frauds of the 1980’s, makes the case that the mortgage derivatives that crashed in 2008 were the biggest tax evasion in history and the biggest securities fraud in history. But he also alleges the money was passed through Swiss banks to fund black ops, overthrow governments and other criminal activity.
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"Riddles" Surround 36th Dead Banker Of The Year
zerohedge.com | December 9, 2014
52-year-old Belgian Geert Tack - a private banker for ING who managed portfolios for wealthy individuals - was described as 'impeccable', 'sporty', 'cared-for', and 'successful' and so as Vermist reports, after disappearing a month ago, the appearance of his body off the coast of Ostend is surrpunded by riddles...
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Lyons v. Santa Barbara County Sheriff's Office
law.justia.com | December 5, 2014
Plaintiff filed a wrongful foreclosure action against defendants, alleging that they unlawfully participated in a nonjudicial foreclosure and eviction process. The trial court sustained a demurrer without leave to amend and dismissed the matter.
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November 2014

Remanded to Determine if Landlord Must Pay Tenant's Attorney Fees
November 28, 2014
After defendants purchased the building where plaintiff was living in a rent-controlled apartment, defendants served plaintiff with a 60-day notice to quit. Plaintiff subsequently initiated unlawful detainer proceedings against defendants and then filed a complaint alleging several state claims. Plaintiff sought an order restoring him to his apartment, restitution, damages, and attorney fees.
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New Hampshire Supreme Court - Whether Separating Note From Mortgage Destroys "Unity" Needed to Foreclose
law.justia.com | November 21, 2014
At issue in this case was whether New Hampshire law requires a foreclosing entity to hold both mortgage and note before it can exercise a power of sale under N.H. Rev. Stat. Ann. 479:25, which authorizes a mortgagee to conduct a non-judicial foreclosure where, as in this case, the mortgage document contains a clause allowing them.
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HBOR Collaborative November Foreclosure Newsletter
November 20, 2014
Please enjoy the HBOR Collaborative's November installment (PDF) of our Foreclosure Newsletter. It features an article by an HBOR Collaborative member, the National Consumer Law Center, on the new periodic statement rule that went into effect this past January as part the Consumer Financial Protection Bureau's mortgage servicing rules.
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UPDATE on Yvanova v. New Century Mortgage
November 20, 2014
IMPORTANT! for anyone who wants to file an amicus brief please read the appellate rules at the CA SUP CT website you must COMPLY with any deadlines and/or specific rules or they will REJECT the amicus brief.
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Bill Black: Financial Regulations In Paralysis
youtube.com | November 19, 2014
As a federal litigator in the late 1980s, Black played a central role in prosecuting the corruption responsible for the savings and loan crisis of the late 1980s. Since then he’s become one of America's top experts on financial fraud, which he see as endemic to the modern financial system.
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Foley v. Wells Fargo Bank, N.A. (continued)
November 17, 2014
The complaint alleged breach of contract, violation of Mass. Gen. Laws ch. 244, 35A and 35B, violation of Mass. Gen. Laws ch. 93A, and breach of the implied covenant of good faith and fair dealing.
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HBOR Collaborative November 2014 Foreclosure Newsletter
November 17, 2014
NCLC’s article outlining the CFPB rules requiring servicers to provide borrowers with monthly periodic statements detailing mortgage account information.
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[AFN] Is a parent corporation responsible for it's subsidiary's actions?
kingworldnews.com | November 10, 2014
Yes - if the subsidiary commits fraud. "It is a general principle of corporate law that a parent corporation (so-called because of control through ownership of another corporation's stock) is not liable for the acts of its subsidiaries.
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Paul Craig Roberts Shocking Interview On Criminality By US Fed
kingworldnews.com | November 10, 2014
Today former US Treasury official, Dr. Paul Craig Roberts, gave a shocking interview to King World News covering criminal activity by the U.S. Federal Reserve. He also discussed the outrageous action in the gold and silver markets, and why the West is so desperate. Below is what Dr. Roberts had to say in this stunning interview.
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RTS Pacific, Regional Trustee Services complete asset purchase agreement
housingwire.com | November 10, 2014
Seattle-based Regional Trustee Services announced it completed an asset purchase agreement. Regional Trustee Services was a privately held company providing non-judicial foreclosure services to mortgage servicers, investors and outside law firms in eight West Coast states.
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JPMorgan Under Criminal Investigation Over Foreign Exchange Business
huffingtonpost.com | November 6 , 2014
NEW YORK (AP) — The Department of Justice has opened a criminal investigation into JPMorgan Chase's foreign exchange business.
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Washington Supreme Court decided LYONS v US BANK, NWTS
November 3 , 2014
The Washington Supreme Court affirmed NWTS’s summary judgment regarding Lyons' DTA and tort of outrage claims, but reversed and remanded to trial court Lyons’ CPA violation claims... good.
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October 2014

Loan Data Finder Website
October 31, 2014
I am advising ALL OF YOU to REGISTER YOUR LOAN at Loan Data Finder, and forward this email to EVERYONE you know who has a loan, or works as a foreclosure defense advocates, friends, family, etc. Homeowner borrowers will be able to share information with others in the databank who have same lender, or same servicer, etc. There will be postings on lenders and servicers. It is only by SHARING that you have any chance to fight the worldwide bankster/fed cartel.
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Judge Throws Out $16M Verdict Against PHH for Servicing Errors
nationalmortgagenews.com | October 30, 2014
In a surprise victory for mortgage servicer PHH Corp., a California judge overturned a $16.2 million jury verdict awarded to a California homeowner in July for a botched loan modification.
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Another Deutsche Banker And Former SEC Enforcement Attorney Commits Suicide
zerohedge.com | October 29, 2014
Back on January 26, a 58-year-old former senior executive at German investment bank behemoth Deutsche Bank, William Broeksmit, was found dead after hanging himself at his London home, and with that, set off an unprecedented series of banker suicides throughout the year which included former Fed officials and numerous JPMorgan traders.
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Court Should Not Have Followed Jenkins as it is on CERT to CA Supreme Court—Together with GLASKI
October 18, 2014
Plaintiff filed a quiet title complaint against Guild and others, alleging that the loans secured by the real property at issue were securitized, resulting in defendants' interest in the real property being extinguished, relinquished or discharged.
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UTAH (5th Dist-9/2014) Judge Dismisses UD—Because RECON TRUST was not Licensed or Registered Trustee in Utah Distressed Asset v Adamson
October 18, 2014
Check to see if your TRUSTEE was licensed and registered to do business as a TRUSTEE and cite this case (as persuasive authority) to seek UD dismissal.
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Cracking the Mortgage Assignment Shell Game
floridabar.org | October 13, 2014
Twenty-five years ago, a partner asked me to prepare an assignment of mortgage. The assignment itself was a simple fill-in-the-blanks form, which was executed and recorded. The assignee then took possession of the original mortgage and note, which was endorsed to its order or, using the statutory verbiage, “indorsed.”
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Maine Supreme Court Dismisses Bank's Equitable Claim as "Untimely Filed"
October 10, 2014
In 2004, Charles Adams conveyed a portion of his parcel of property to himself and his sister, Dorothy Adams, as joint tenants. Dorothy subsequently executed a promissory note to American Bankers Conduit and conveyed a mortgage on her interest in the property as security on the note. Dorothy defaulted on the loan in 2008. In 2012, U.S. Bank sought to place an equitable lien on Charles’s interest in the property.
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Ohio Supreme Court—Bank's Lack of Standing Doesn't Make Judgment Void for Lack of Subject Matter Jurisdiction
October 10, 2014
Bank of America, N.A. filed a complaint in foreclosure against George and Bridget Kuchta, claiming to be the holder of a promissory note and assignee of the mortgage. The trial court granted summary judgment to the bank and entered a decree of foreclosure in its favor.
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FED/Banking Cartel—Read What Thomas Jefferson Predicted Would Happen if we Let Banks Control our Currency
October 9, 2014
"I believe that banking institutions are more dangerous to our liberties than standing armies. If the American people ever allow private banks to control the issue of their currency, first by inflation, then by deflation, the banks and corporations that will grow up around the banks will deprive the people of all property - until their children wake-up homeless on the continent their fathers conquered."
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Too Big to Jail?
October 6, 2014
Attorney General Eric Holder's resignation last week reminds us of an infuriating fact: No senior Wall Street executives have been criminally prosecuted for their role in causing the financial meltdown. "The problem definitely comes from the top," veteran bank regulator William K. Black says. "And remember, Obama wouldn't have been president but for the financial contribution of bankers.”
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US Bank National Association vs Ed Baumann
October 5, 2014
Nature of Proceedings: (2) Motions for Summary Judgment; Motion: Stay; Case Management Conference Tentative Ruling: The court grants the motion of plaintiff U.S. Bank National Association, as trustee successor-in-interest to Wachovia Bank, National Association as Trustee for J.P. Morgan Mortgage Trust 2005-A4, for summary judgment. The court denies defendant Dondi Stevens’ motion for summary judgment. Defendant Stevens’ application for a stay of the proceeding is moot.
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Racketeering case against Foreclosure-Mill Lerner Sampson, Bank of America, and MERS allowed to proceed
October 2, 2014
We alleged the law firm directed one of its paralegals to fraudulently robo-sign mortgage assignments, and then used one of those mortgage assignments to foreclose on our client’s home months earlier. After Mr. Slorp retained our firm, we filed a federal lawsuit alleging their actions violated several laws, including the Racketeer Influenced and Corrupt Organizations Act (“RICO”).
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Court Vacates (Two) Default Judgments per Schwartzwald
October 1, 2014
Read the case below; an excellent ANALYSIS of subtle differences in lack of subject matter jurisdiction results in VOID order v. a court having SMJ—but not having personal jurisdiction over the parties or failure in STANDING before filing the suit (VOIDABLE, etc.)
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California Central District Court: E-filing New Civil Cases Online
October 1, 2014
Attorneys no longer have to paper file NEW CASES, or AMENDED complaints in CENTRAL DISTRICT; pilot project has become permanent and the court encourages e-filing, paying the filing fee with e-check. GREAT NEWS. THIS SAVES PAPER, TONER, MAILING AND COURIER FEES. If the client qualifies for fee waiver just go to Central District website, download the fee waiver form and fee waiver order for judge to sign, and e-file it together with the new complaint.
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September 2014

Judge: Couple can’t be evicted though they haven’t paid mortgage
sltrib.com | September 29 , 2014
A Washington couple who haven’t made mortgage payments on their home since December of 2008 can’t be evicted because they were improperly foreclosed on by Bank of America, a state judge has ruled.
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Legislature Passes Act Clearing Title To Foreclosed Properties, Awaits Governor’s Signature
September 25, 2014
Senate Bill 1987, sponsored by Shrewsbury State Senator Michael Moore and the Massachusetts Land Title Association, would render clear and marketable to any title affected by a defective (wrongful, illegal, felony produced) foreclosure arising out of the U.S. Bank v. Ibanez ruling.
Read more

Charles Koppa Team is Nailing It in Southern California
livinglies.wordpress.com | September 24 , 2014
Charles (Poppa Koppa) has been a tireless investigator since the mortgage misery began. It was he who saw the correlation between the amount of the wrongful "credit bid" at auction and the amount reported to investors and regulators and insurers and guarantors.
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Washington Supreme Court Claim for Money Damages Invalid under DTA (Deed Trust Act) but Actionable Under CPA (Consumer Protection Act)
law.justia.com | September 19 , 2014
The United States District Court for the Western District of Washington certified a question of Washington law to the Washington Supreme Court. The issue centered on whether Washington law recognized a cause of action for monetary damages where a plaintiff alleges violations of the deeds of trust act (DTA), chapter 61.24 RCW, but no foreclosure sale has been completed.
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To All Condo/Townhouse Homeowners - HOA Wipes Out Bankster Loan Nevada Supreme Court
law.justia.com | September 19 , 2014
A common interest community subject to covenants, conditions, and restrictions was encumbered by a note and deed of trust in favor of U.S. Bank, N.A. The former homeowners fell delinquent on their association dues and defaulted on their obligations to U.S. Bank.
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Hooker Case Flirts With Reality – 9th Circuit
livinglies.wordpress.com | September 17 , 2014
It is interesting to watch the evolution of thought in the Courts. But it is also infuriating. They treat false claims of securitization as a novel issue; but in fact, there is nothing novel about Ponzi Schemes, and other types of fraud.
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The "Loan Closing" Debunked in Court Decision Slapping Attorney Title Fund - Florida
courthousenews.com | September 17 , 2014
MIAMI (CN) - A title insurer owes $4.9 million for contributing to the failure of mortgages that caused the defunct Washington Mutual Bank to lose millions of dollars, a federal judge ruled.
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Former Federal Prosecutor Mark J. Malone on MERS
livinglies.wordpress.com | September 17 , 2014
Here is a letter to Professor Peterson from boot camp graduate Mark J. Malone in response to the working draft.
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August 2014

OCWEN....again....
August 28, 2014
SHAREHOLDER ALERT: Levi & Korsinsky, LLP Reminds Investors of Class Action Against Ocwen Financial Corporation and Its Board of Directors and a Lead Plaintiff Deadline of October 13, 2014.
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OCWEN RECEIVES SUBPOENA FROM THE SEC; Investor Rights Firm Johnson & Weaver, LLP Investigates Potential Violations of Federal Securities Laws from as Far Back as 2012
August 26, 2014
SAN DIEGO--(BUSINESS WIRE)-- In a filing with the United States Securities and Exchange Commission (“SEC”) earlier this week, Ocwen Financial Corporation (OCN) disclosed that it received a subpoena from the SEC requesting documents related to a group of companies with which Ocwen conducts business. This is the latest in a series of negative news concerning the Company.
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Cynthia Riley Deposition January 2013 and Commentary
August 25, 2014
See the PDF for the DEPOSITION of Chase/WAMU ROBO RILEY (Cynthia Riley) taken in Florida for advocates or in propers who may not have a certified copy of her deposition.
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CA HBOR Loan Modification Cases
August 25, 2014
Please see the PDF of CA HBOR's compendium of recent cases (wordsearch in it) there is good stuff on loan modification cases in the compendium of recent cases.
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7th Circuit (Anti-homeowner) Issues OSC to Sanction Homeowner for Frivolous Removal and Appeal
August 15, 2014
Spencer stopped paying her mortgage in 2008. In Wisconsin state court foreclosure proceedings, Spencer’s attorney, Nora, adopted an “object-to-everything litigation strategy and buried the state court in a blizzard of motions.”
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Alaska Supreme Court Shafts Homeowner - Bankster can Tack on all Gingerbread Costs to "Reinstate" Loan
August 15, 2014
In 2009 Elisabeth Bachmeier defaulted on a loan secured by a deed of trust against her home, and a nonjudicial foreclosure was initiated. Bachmeier requested a reinstatement quote in order to halt the foreclosure. Alaska Trustee, the trustee under the deed of trust, replied with a quote which included foreclosure costs that were not attorney's fees or court costs, the only items the foreclosure statute expressly mentions as recoverable in a reinstatement amount.
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Glimmer of Hope for Homeowners - Homeowner can Sue for Fraud in Modification Process
August 15, 2014
Plaintiffs filed suit alleging, among other things, fraud and unfair business practices in the origination of plaintiffs' residential mortgage loans, and negligence in the subsequent servicing of the loans.
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Judge Raye Shafts Homeowner and Guts Glaski in this Terrible Decision
August 15, 2014
This case stemmed from issues arising from plaintiff Maria Mendoza’s purchase of a home with proceeds of a loan secured by a deed of trust, and the subsequent loss of the home in a nonjudicial foreclosure sale. The trial court sustained the banks' demurrer to plaintiff’s complaint without leave to amend, rejecting her attempt to void the trustee's sale based on purported defects in the assignment of her deed of trust, irregularities in the substitution of trustees, and flaws in the securitization of her loan.
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Who will occupy YOUR home foreclosed upon when YOU LOST YOUR JOB—now filled by an illegal immigrant?
portal.hud.gov | August 14, 2014
The housing choice voucher program is the federal government's major program for assisting very low-income families, the elderly, and the disabled to afford decent, safe, and sanitary housing in the private market. Since housing assistance is provided on behalf of the family or individual, participants are able to find their own housing, including single-family homes, townhouses and apartments.
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List of Foreclosure Fraudsters, Co-conspirators and ROBO-Signers
msfraud.org | August 14, 2014
The list of participants in this criminal enterprise and those aiding in the concealment of their crimes is so vast we can't possibly know them all. Many change their names, and we try to note that in this list. If you wish to have a company listed, you must submit documented proof of wrongdoing with your request.
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Author Michael Lewis On Wall Street Delusion
cbsnews.com | August 6, 2014
If you had to pick someone to write the autopsy report on the Wall Street financial collapse 18 months ago, you couldn't do any better than Michael Lewis. He is one of the country's preeminent non-fiction writers with a knack for turning complicated, mind numbing material into fascinating yarns.
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Foreclosure Defense Trial SECRETS EXPOSED! A Transcript of a Foreclosure Trial That Shows How A Homeowner Wins Foreclosure!
mattweidnerlaw.com | August 6, 2014
I wanted to share some excerpts from a recent foreclosure trial. These things are not for the feint of heart. The risks are huge…for the homeowner…and the deck is often stacked against us. It’s like walking into a gunfight armed with nothing but a switchblade. But it reveal quite a bit about the foreclosure process in Florida, about foreclosure defense, foreclosure laws and shows that foreclosure defense is not about foreclosure delay, but showing the facts in how a foreclosure defense attorney can win a foreclosure case.
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Supreme Court of California Case Notification for: S218973
nycourts.gov | August 4, 2014
YVANOVA v. NEW CENTURY MORTGAGE CORPORATION
Case: S218973, Supreme Court of California
Date (YYYY-MM-DD): 2014-08-04
Event Description: Reply to answer to petition filed
Notes: CRC 8.25(b)
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Must See 2nd Dept Decision Regarding CPLR 3408 and "Good Faith Negotiations"
nycourts.gov | August 4, 2014
APPEAL by the plaintiff, in an action to foreclose a mortgage, from so much of an order of the Supreme Court (Leon Ruchelsman, J.), dated December 19, 2011, and entered in Kings County, as, upon a finding that the plaintiff failed to negotiate in good faith during settlement conferences conducted pursuant to CPLR 3408, granted the motion of the defendant Jose Sarmiento to bar the plaintiff from collecting interest or fees that accrued on the subject loan since December 1, 2009, to bar the plaintiff from recovering from him any costs or attorneys' fees it incurred in this action, and to direct the plaintiff to review the issue of whether the subject loan may be eligible for a loan modification pursuant to the Home Affordable Modification Program by employing correct information and without regard to interest or fees that have accrued on the subject loan since December 1, 2009.
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Important for all LA City Foreclosed Homeowners - LA Foreclosure Ordinance-Registry
lahd.lacity.org | August 4, 2014
The Foreclosure Registry Program requires that any lender (or beneficiary or trustee who holds or has an interest in a deed of trust) of a property in foreclosure located within the City of Los Angeles must register the property with the Los Angeles Housing and Community Investment Department (HCIDLA). Annual (online only) registration along with a fee in the amount of $155 is due to HCIDLA by January 31, 2014. The fee and registration shall be valid for the calendar year, or remaining portion of the calendar year, in which the registration was initially required.
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The 161 Bankers Who Run the World
veteranstoday.com | August 4, 2014
In following video, Peter Phillips from Project Censored lays out exactly how the richest one-thousandth of 1% maintain iron control over the global economy and all so-called democratic governments.
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July 2014

2nd Circuit Disagrees with Glaski; Holds Homeowner has no Standing to Challenge Trusts and Assignments
July 31, 2014
As millions of third world country poor people discover the free ride they will get on the backs of US taxpayers, millions more will soon arrive. The middle class in America will be taxed into bankruptcy to pay for it all, and will evaporate into poverty. Where will Obama house them? I predict he will house them in the foreclosed homes (the federal government stole from you) and now owned by Fannie Mae & Freddie Mac. Fannie and Freddie own 70% of the home loans across America. But guess who controls Fannie & Freddie?
Read more

Texas Quiet Title Action, Ruling Against Homeowner Reversed and Remanded
July 30, 2014
This case is an appeal from the final order signed by the trial court on February 18, 2013. After submitting the case on the appellate record and the arguments properly raised by the parties, the Court holds that there was reversible error in the portion of the trial court’s order granting summary judgment for the appellee, Deutsche Bank National Trust Company, N.A., as to the quiet-title claim of the appellant, Winona Flippon Vazquez.
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Another Bad Day for MERS—This Time in New Mexico (MERS cannot assign the note and thus create standing in RMBS Trust)
July 30, 2014
Standing is a JURISDICTIONAL issue - homeowner is correct to challenge JURISDICTIONAL issue at the THRESHHOLD but can challenge JURISDICTION at ANY POINT in the LITIGATION (NSJ, MJOP, TRIAL, POST_TRIAL, etc.) JURISDICTIONAL ISSUES ARE NOT WAIVED IF NOT CHALLENGED AT THRESHHOLD BUT SHOULD BE AT THAT TIME the most important holding to cite from the full case below is this sentence (the PETE analysis & result): if bankster is not a PETE he has no STANDING - which HE MUST ASSERT AT THE TIME HE FILES for foreclosure (BANKSTER OFFERING purported PETE "evidence" at the time of MSJ or Trial WILL NOT CUT IT!) he's OUT!
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Homeowners RENTING Their Home - Rufini v. Citimortgage - Respondent's Motion for Rehearing Denied
July 28, 2014
Where are you registered to VOTE? Use the Mortgaged home's address; even if you move continue to use that address go vote in the precinct of the mortgaged home. What is the address on your drivers' license? Continue to use the mortgaged home's address on your drivers license.
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CA B&P 17200 (Unfair Competition Law) is Valid Claim when Bankster Reneges on Modification Agreement
July 25, 2014
In 2007 Rufini purchased his Sonoma residence with a $600,000 loan. Rufini and his fiancée lived in the home until they separated. In June 2009, CitiMortgage approved Rufini for a loan modification and told him he would receive a permanent modification after making timely trial payments of $2787.93 in July, August and September. Rufini timely made the payments at the modified rate through December.
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CFPB, FTC and States Announce Sweep Against Foreclosure Relief Scammers
July 25, 2014
WASHINGTON, D.C. — The Consumer Financial Protection Bureau (CFPB), the Federal Trade Commission (FTC), and 15 states announced a sweep against foreclosure relief scammers that used deceptive marketing tactics to rip off distressed homeowners across the country.
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Docket for Yvanova v. New Century Mortgage Corporation Case Number S218973 Deutsche Bank filed an Answer to Petition for Review
July 23, 2014
Download Doug Gillies'  Petition for Review filed in USSC [Javaheri v. Chase Bank.]  The petition is in the proper format for a Petition for Review to USSC, and contains valid arguments on DUE PROCESS and STANDING.
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Protesters Break In, Put Evicted Vet Back to Home
July 22, 2014
See video

Mitchell v. Wells Fargo Bank
July 21, 2014
Justia.com Opinion Summary: In November 2005, Appellant Richard Mitchell obtained title to property located in Alpharetta and executed a security deed in favor of MERS, who subsequently assigned the security deed to Wells Fargo as trustee.
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Yuba Jury Awards $16 Million in Mortgage Case
July 19, 2014
A jury has awarded $16.2 million in damages to a Yuba County homeowner who nearly lost his home to foreclosure after his loan servicer botched his mortgage modification, his lawyers said today.
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Very Important! Big Win For Us! 9th. Circuit Holds Equitable Tolling Can Apply in Some TILA Rescission Claims!
July 17, 2014
Plaintiffs filed suit against Countrywide and others involved in their residential mortgage, alleging violations of numerous federal statutes. The district court dismissed the claims with prejudice and plaintiffs appealed.
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Request for Publication of Opinion Kalicki
July 17, 2014
DO THIS NOW! The attorneys representing the banks are liars!! They need to be dealt with. Please sign and send.
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Federal Courts Now Allow Litigants to File New Cases Electronically Online with Credit Card for Filing Fee
bloomberg.com | July 16, 2014
For IN PRO PERS who may not be aware the FEDERAL COURTS now allow litigants to file even a NEW CASE by electronic filing in pdf format, using either a credit card to pay the initial filing fee, or an electronicly filed FEE WAIVER FORM at the same time. This is a life saver as you no longer have to drive, park and wait in line to file a new case. Please remember to use only the official FORMS in the appropriate federal district.
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HBOR: July 2014 Foreclosure Newsletter
July 16, 2014
The HBOR Collaborative's July 2014 Foreclosure Newsletter (PDF) is now available on our website.  This month features an article from an NHLP volunteer attorney, Clare Lakewood, on the current circuit split over a TILA rescission issue and the impending Supreme Court decision. We also include summaries of recent cases, including Keshtgar, Rufini, and Erlach, all of which have important implications for CA foreclosure law. Lastly, we discuss recent regulatory updates.
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Samuel St. James - Disabled Vet Lives in Hawaii for Emotional Support - Rents San Diego Home
July 16, 2014
Anyone fighting (or who fought) JP Morgan CHASE banksters please send what you have to help Sam. Sam is disabled VET originally from San Diego but renting a home in Hawaii (emotional support from family there) and renting his San Diego home out while trying to save it from the CHASE banksters. Please send whatever you have (info and/or dirt) or websites which may help Sam in his battle against CHASE.
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Citi Resolution Follows Egregious Conduct
bloomberg.com | July 16, 2014
July 14 (Bloomberg) -- U.S. Attorney General Eric Holder talks about Citigroup Inc.'s agreement to pay $7 billion in fines and consumer relief to resolve claims that it misled investors about the quality of mortgage-backed bonds sold before the 2008 financial crisis. Associate Attorney General Tony West, U.S. Attorney for the District of Colorado John Walsh, and U.S. Attorney for the Eastern District of New York Loretta Lynch also speak at a news conference at the Department of Justice in Washington.
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Why do BANKSTERS get help and not homeowners?
truth-out.org | July 16, 2014
It's time to start helping the people, and stop helping Wall Street. According to an agreement announced earlier today, big bank Citigroup will pay $7 billion to settle a Department of Justice investigation into that bank's involvement with risky subprime mortgages.
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US Consumer Financial Protection Bureau Sues Debt-collection Law Firm
bigstory.ap.org | July 16, 2014
WASHINGTON (AP) — The Consumer Financial Protection Bureau sued a major debt collection law firm on Monday, alleging it is a "mill" that produces shoddy, mass-produced credit-card collection lawsuits.
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What is the Federal Reserve?
July 11, 2014
Unfortunately, the same cannot be said about the Federal Reserve System. First, most people refer to it as the Federal Reserve Bank. It is not a bank. It is a system. Second, the Federal Reserve System is not federal.
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California Homeowner Bill of Rights July 2014 Newsletter
July 11, 2014
In this issue—Article on the circuit court split over TILA rescission rights and the Supreme Court’s impending decision. Case law updates including important, published California Court of Appeal cases: Erlach, Keshtgar, & Rufini.
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Banksters can no Longer Prosecute "Stale Claims" in Chapter 13 BK Case! Great Win for Homeowners!
July 11, 2014
A deluge has swept through U.S. bankruptcy courts of late. Consumer debt buyers—armed with hundreds of delinquent accounts purchased from creditors—are filing proofs of claim on debts deemed unenforceable under state statutes of limitations. This appeal considers whether a proof of claim to collect a stale debt in Chapter 13 bankruptcy violates the Fair Debt Collection Practices Act (“FDCPA” or “Act”). 15 U.S.C. §§ 1692?1692p (2006).
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Statutes of Limitations – Grace Period Prevails
July 11, 2014
The California Supreme Court filed its ruling on July 7, 2014, on the case of City of LA v. County of Kern (Cal. Supreme Ct. – July 7, 2014). At issue in this appeal was whether the statute affords parties a grace period or suspends the limitations clock. In this case, seventy-eight days after the plaintiff’s supplemental claims were dismissed by a federal court, the plaintiff refiled suit in state court.
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STANDING: Maine, SC (Greenleaf) on 7/3/14 Followed Analysis of BONY v Deane July 2013 Kings County, NY
July 8, 2014
BONY court analyzed UCC 3 PETE (Person Entitled To Enforce) note+ Holder & Admissible Evidence to foreclose.
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Ownership of Federal Reserve: Who Controls World Financing?
July 8, 2014
Most Americans, if they know anything at all about the Federal Reserve, believe it is an agency of the United States Government. This article charts the true nature of the "National Bank."
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2nd Circuit Disagrees with Glaski; Holds Homeowner has no Standingto Challenge Trusts and Assignments
July 8, 2014
Plaintiffs appealed the district court's dismissal of their claims against four trusts to which their loans and mortgages were assigned in transactions involving the mortgagee bank, and against those trusts' trustee.
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Osorio v. State Farm Bank, FSB | 11th Circuit
July 7, 2014
ROBO-CALLS – Debt Collectors Could Be Fined $1,500 in Statutory Damages, or $4,500 if Willful Every Time They Call.
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JAN KALICKI v. JPMORGAN CHASE BANK | California Court Order Re: JP Morgan Chase Executed and Recorded False Documentation Purporting to Transfer Ownership and that a Chase Executive Created a Fraudulent Document
stopforeclosurefraud.com | July 3, 2014
In September 2012, the trial court entered a judgment on the stipulation in favor of the Kalickis. The judgment stated that the Kalickis owned the property and quieted title in their favor.
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TIMING. IS. EVERYTHING. | Rental payment histories may count in credit scores
stopforeclosurefraud.com | July 3, 2014
Renters who have never made a late rent payment often find that their stellar record doesn’t do anything to lift their credit scores when it’s time to shop for a mortgage. But that may soon change: Two of the main credit reporting agencies, Experian and TransUnion, are reportedly starting to incorporate verified rental payment data into credit files and using it as part of a consumers’ credit score.
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Blackrock v US Bank as Trustee, Complaint (Allegatons 251 to 253)
July 3, 2014
251. The PSAs require the depositor to deliver to and deposit with, or cause to be delivered to and deposited with, U.S. Bank, the mortgage files, which must at all times be identified in the records of U.S. Bank as being held by or on behalf of the Trust.
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Court Awarded $255,000 in Attorney Fees!
July 2, 2014
This is very encouraging for all lawyers who are working to save homes!
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MERS Defeated in Montgomery County, PA
July 2, 2014
This landmark decision handed down on June 30, 2014 by the Honorable J. Curtis Joyner of the U.S. District Court for the Eastern District of Pennsylvania is stunning in its scope and clarity.
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Benedict v. Wells Fargo Bank (CD Cal June 30 2014)
July 2, 2014
Please see the case below sent by Charles Cox. Judge allowed violation of EFTA claim for unilaterally withdrawing $500 per month from homeowener's bank account without her pre-consent or pre-authorization to take the additional $500 for purported "future taxes". I believe the homeowner in this case should invoke Civil Code Section 726 (one form of action rule).
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Montana Jury Award of $5 Million in Punitive Damages Against USB was Upheld by Judge's Denial of Motion to Reduce Damages
piggybankblog.com | July 2, 2014
For those of us facing foreclosures, Mary McCulley is a hero. She faced up to the bank who fraudulently foreclosed upon her home…and she won.
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Allen A. Kolber, Esq. Wins Trial Dismissing $1 Million Mortgage Foreclosure Action
July 1, 2014
On March 21, 2014, after a trial where U.S. Bank failed to prove it actually owned the $1 million mortgage it was attempting to foreclose upon, Justice Gerald E. Loehr of the Supreme Court, Rockland County, dismissed U.S. Bank's foreclosure lawsuit.
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June 2014

Freddie Mac Updates MERS Requirements, Fraud Reporting, Other Selling And Servicing Policies
infobytesblog.com | June 30, 2014
On June 19, Freddie Mac issued Bulletin 2014-12, which updates and revises numerous selling and servicing requirements. According to the Bulletin, Freddie Mac has determined that because sellers/servicers will have difficulty complying with the CFPB’s borrower notification requirements for ARMs with lookback periods less than 45 days, as of January 1, 2015, Freddie Mac will no longer purchase those loans.
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Morgan Chase Accused of Massive False Claims - CHECK your Chase (WAMU) Original Loan to See if you Qualify for Relief Under False Claims Act
courthousenews.com | June 26, 2014
COLUMBIA, S.C. (CN) - J.P. Morgan Chase Bank falsely claimed that it had forgiven thousands of consumer mortgage debts that the bank already had sold, to try to shirk its responsibility to a consumer-relief settlement with Uncle Sam, the United States and 19 states claim in a recently unsealed year-old case.
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Big Class Action Victory for 9th Circuit Consumers Against Misleading Attorney Debt Collectors Misidentifying Original Creditors in Lawsuits
June 25, 2014
Plaintiff filed a class action under the Fair Debt Collection Practices Act (FDCPA), 15 U.S.C. 1692 et seq., alleging that defendants made false representations to him in connection with their efforts to collect a purported debt.
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Murphy v Ocwen Loan Servicing
June 25, 2014
Judge Nunley from the Eastern District held that while the pre-2014 version of CCP 580b did not wipe out the deficiency, the debtor can sue because reporting the deficiency is still misleading under the FCRA and CCRAA.
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Rufini Published-Reversed Sustain Demurrer Without Leave On: Breach Of Contract & Covenant of Good Faith & Fair Dealing, Unfair Business Practices
June 25, 2014
James Rufini challenges an order sustaining a demurrer, without leave to amend, to his complaint concerning a failed home loan modification and eventual foreclosure. He contends his complaint adequately alleges causes of action for wrongful foreclosure, breach of contract and of the covenant of good faith and fair dealing, breach of fiduciary duty, negligence, negligent misrepresentation, and unfair business practices.
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USSC Rules Against Investors in Favor of Haliburtin
June 25, 2014
Investors can recover damages in a private securities fraud action only with proof that they relied on misrepresentation in deciding to buy or sell stock. The Supreme Court held, in "Basic," that the requirement could be met by invoking a presumption that the price of stock traded in an efficient market reflects all public, material information, including material misrepresentations; a defendant can rebut the presumption by showing that the alleged misrepresentation did not actually affect the stock price.
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Unendorsed Notes Used by Bank of New York in Foreclosures: Florida, Massachusetts South Carolina
thjf.org | June 25, 2014
When faced with foreclosure after the financial crisis of 2008, millions of U.S. homeowners filed bankruptcy cases.  In the 12-month period ending December 31, 2008, there were 1,074,225 non-business bankruptcy filings.
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USSC It's Crime to Use Forged Docs to get Free Goods at Target, but not a Crime for Banksters to get Free Homes with Forged Docs - That's A-OK!
June 25, 2014
The bank fraud statute, 18 U.S.C. 1344(2), makes it a crime to “knowingly execut[e] a scheme ... to obtain” property owned by, or under the custody of, a bank “by means of false or fraudulent pretenses.” Loughrin was charged with bank fraud after he was caught forging stolen checks, using them to buy goods at a Target store, and then returning the goods for cash.
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KingCast, Mortgage Movies and Attorney Ha Dao Present: Deposition of NWTS' Jeff Stenman in Lucero v. Bayview Loan Servicing, et al
June 20, 2014
Read mor and see videos

A Good Case out of New Mexico - Bank of New York v Romero 33224
June 20, 2014
Keep in mind that New Mexico is a judicial foreclosure state. Well-written opinion.
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Codification for the Provisions of the National Mortgage Settlement in California Codes
June 20, 2014
Loss Mitigation regulations that went into effect January 2014. Have you taken advantage of all the options offered via Regulations?
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Debtor in a Ch 13 Bankruptcy can Strip Off 2nd and 3rd Mortgages as Unsecured Debt
June 20, 2014
Debtor filed a voluntary petition for relief under Chapter 13 of the Bankruptcy Code, seeking to determine the secured status of the second and third mortgages held by Wells Fargo on debtor's principal residence.
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Hit Pay Dirt Today
June 20, 2014
Finally found the SEC filings on that 800 million plus loan the Wall Street Banks gave to fund Fidelity and LPS.
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Why would Denver courts benefit from unlawfully converting paid off homes?
veteranstoday.com | June 17, 2014
As you read the crimes being down against Michelle Hansen, I hope it angers you as much as it does me! They are stealing paid off houses around the country! Stew Webb just put out this article that exposes what’s going on in Denver. Please Share this all over the Internet to your Facebook walls etc so we can put so much heat on this judge that he has to give back this woman’s house and make the criminals pay for the damage they have done! It’s up to you! Will you help justice be served?
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Holder in Due Course- Uniform Foreclosure Procedures Act - NATIONAL CONFERENCE OF COMMISSIONERS ON UNIFORM STATE LAWS IN SEATTLE WASHINGTON
June 11, 2014
Will the Uniform Law become Law at all the states having Non Judicial Foreclosure in effect? What are "Equitable Assignments"? What is the end result of trading securities (NOTES) without Lawful negotiation, issued by un-licenesed sellers?
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Uniform Foreclosure Procedures Act-National Conference of Commissioners on Uniform State Laws
June 11, 2014
There is a meeting to consider this proposed "Uniform Law" in Seattle in July, 2014. This is an attempt to nationalize real estate foreclosure practices. We need a plan to resist the implementation of this Act in each state. Note the reference to a national mortgage registry, which presently does not exist but is also being proposed by other legislation.
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Mortgage Electronic Registration Systems, Inc., MERS | 9th Circuit
June 13, 2014
False, and therefore actionable, a document that is "forged, groundless, contains a material misstatement or false claim or is otherwise invalid." Pleaded their robosigning claims with sufficient particularity to satisfy Federal Rule of Civil Procedure 8.
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Law Alert! Consumer Protection Enacted Legislation - Stats 2012 Chapter 86
ceb.com | June 10, 2014
In 2013, the Consumer Financial Protection Bureau (CFPB) exercised its discretionary rulemaking authority and published new loan servicing and loss mitigation regulations.
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Keshtgar v. USBNA - Published Case Against Glaski
June 10, 2014
Yet another published opinion out of the 2nd DCA against Glaski et al, although plenty to argue and distinguish in what appears to be yet another poorly pled action and following appeal. Plaintiff/Appellant’s attorney admitted to the Bar in 2005 once again appears too many admissions made at the trial court level.
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Litigation Strategy at a Recent Conference
June 10, 2014
Working on overload and exasperation of Bret J. Maloney’s NO SHOW. Getting everything prepared for attorneys to have everything to them by June 13th to hopefully have a new case filed in Federal District court the day before our bankruptcy hearing on June 27th. We are moving on with or without Bret J. Maloney’s deposition. WE STILL PLAN TO GET HIM. The good news is that our JUDGE is going to blow a gasket! So game on LNV!!!
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Subramani v. Wells Fargo Bank, N.A. - Judge Conti's Excellent Analysis
June 3, 2014
What can we gleen from reading the VERY INFORMATIVE ORDER written by a very astute Judge Samuel Conti on Wells' MTD FAC in which he granted in part, and denied in part with leave to amend---to file a SAC?
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List Of Servicers Associated With LPS Run by Lorraine Brown Who Plead Guilty to Felonies for "Robosigning" Scams
June 3, 2014
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South Carolina Court Finds Genuine Issues of Material Fact as to Transfer of Loan to Securitized Trust
foreclosuredefensenationwide | June 3, 2014
This is a South Carolina case which denied Summary Judgment for banksters based on finding material issues of fact existed as to the transfer of the security into the TRUST. This can be cited with arguments supporting GLASKI and opposing Jenkins and the other cases banksters use.
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Supreme Court to Rule on Controversial Right of Rescission Timeline for Mortgages
June 3, 2014
The Supreme Court agreed this month to resolve a stark divide in the United State Courts of Appeals regarding the time bar for residential mortgage borrowers to file suits related to mortgage loan rescissions under the Truth in Lending Act (TILA). Jesinoski v. Countrywide Home Loans, Inc., Docket No. 13-684 (U.S. Sup. Ct.). The circuit split the Court will resolve is whether a three-year deadline for borrowers to rescind certain loans also bars lawsuits against lenders for violations of the same statutory provision more than three years from origination of the loan.
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May 2014

Did Russia and China Already Sign the Death Warrant for US Federal Reserve Note?
america.aljazeera.com | May 23, 2014
In a symbolic blow to U.S. global financial hegemony, Russia and China took a small step toward undercutting the domination of the U.S. dollar as the international reserve currency on Tuesday when Russia’s second biggest financial institution, VTB, signed a deal with the Bank of China to bypass the dollar and pay each other in domestic currencies.
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Another Supreme Court (Rhode Island) Rules for MERS-Ripe for USSC Review Conflict Among State Supreme Court's Now
May 23, 2014
Plaintiffs purchased a home. To finance the transaction, Plaintiffs executed a note payable to Accredited Home Lenders. The note was secured by a mortgage on the property naming Mortgage Electronic Registration Systems, Inc. (MERS) as the mortgagee. MERS assigned the mortgage to Deutsche Bank National Trust Company.
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Second Appellate District Case Going Against Glaski Ordered Published
May 23, 2014
The "request to published" was granted immediately! Without any opportunity to consider opposition letters. WOW. With a "Rothschild" (Rothschilds run banking cartel- is he one of them?) and "Chaney" (relative of Dick Chaney?) signing are you surprised?
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Ocwen Gags Homeowners in Loan Modification Deals!
reuters.com | May 23, 2014
(Reuters) - Joseph and Neidin Henard thought they had finally fixed the mortgage that was crushing them. In January, the couple reached a settlement with every company that had a stake in the mortgage on their house in Santa Cruz, California, a deal that would have slashed their monthly payment by almost 40 percent to $3,337. It was the end of a process that started with their defaulting in 2009.
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Former Investment Banker CEO for JP Morgan Chase Hong Kong
zerohedge.com | May 23, 2014
Just one day after the FBI issues arrest warrants for 5 Chinese military officials, Caixin reports that Fang Fang - the former CEO of JPMorgan Asia - has been arrested in Hong Kong by the Independent Commission Against Corruption (or anti-graft agency). Coincidental timing we are sure; and while details are sparse, the arrest appears linked to the hiring of the children of Chinese officials.
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Why did George sell all the Bank Stocks?
stage2omega.com | May 23, 2014
WASHINGTON (INTELLIHUB) — Just over 2 decades ago banker George Soros made his most famous investment by shorting the British pound and pocketing a billion dollars in the process. Since then he has become famous for betting on stock market crashes and in some cases even rigging markets to fail for his own gain.
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Attempt to Publish Case (2nd Appellate District) Contrary to Glaski
May 23, 2014
We need to all keep up the battle of fighting to make Glaski stare and stomp out banksters attempts to get rid of Glaski's rationale in favor of Jenkins which judges seem to apply rather than Glaski.
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Huge Ruling Against Bank of America MERS Bank Foreclosure in Washington State (non-Judicial)
sherriequestioningall.blogspot.com | May 23, 2014
The judge ruled the BOA MERS foreclosure was not legal in anyway. He also set it up where the person foreclosed on can get monetary damages from BOA in a trial.
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Texas Supreme Court Rules for Banksters Against Borrowers' Consumer Rights
May 23, 2014
Plaintiffs, the recipients of a home equity loan, reached two loan modification agreements with Defendant, which reduced the interest rate and payments. Plaintiffs subsequently brought this class action against Defendant in the United States District Court, alleging that the loan modifications violated Tex. Const. art. XVI, 50, which sets forth requirements for a new home equity loan.
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Why are Bankers Killing Bankers?
rt.com | May 23, 2014
Two big, macabre stories came out of Wall Street recently: the rash of banker deaths by apparent murder and/or suicide, and speculation that bank CEOs themselves are behind the trend to cash in on the insurance.
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HBOR Collaborative May Newsletter and Practice Guide Updates
calhbor.org | May 19, 2014
Please enjoy the HBOR Collaborative's May 2014 Foreclosure Newsletter.
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NEW MERS Rider the Banksters will use on New Loans
cloudedtitlesblog.com | May 19, 2014
The author of this blog site is a paralegal and a consultant to attorneys. He is NOT an attorney. For legal opinions and legal advice, seek the advice of an attorney who has been to law school and didn’t fall asleep in Contracts or Property 101. What you’re about to read takes MERS to a whole new level (how could they stoop any lower) especially if you’re in a deed of trust State like Washington! The items posted here are the author’s thoughts and opinions on this subject matter.
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Litigating Under the California Homeowner Bill of Rights (Updated through May 14, 2014)
May 19, 2014
In July 2012, California Governor Jerry Brown signed the Homeowner Bill of Rights (HBOR). This landmark legislation was created to combat the foreclosure crisis and hold banks accountable for exacerbating it. HBOR became effective on January 1, 2013, on the heels of the National Mortgage Settlement. This practice guide provides an overview of the legislation, the developing case law, now encompassing a full year, and related state-law causes of action often brought alongside HBOR claims. Finally, the guide surveys common, HBOR-related litigation issues.
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Representing California Tenants & Former Homeowners in Post-Foreclosure Evictions (Updated May 1, 2014)
May 19, 2014
Unlawful detainer (UD) actions are typically associated with landlord-tenant law. Former borrowers, though, often defend eviction after foreclosure. They face different timelines and challenges, but both tenants and former borrowers continue to struggle against unlawful detainer actions as lenders and investors buy up foreclosed properties2 and attempt to evict residents soon after purchase. Various affirmative defenses arise from improper foreclosure procedures, so these types of UDs are intimately related to foreclosure law. This article reviews federal, California, and local measures that govern post-foreclosure UD actions and provides practice tips for defending UDs on behalf of both tenants and former borrowers.
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HBOR Collaborative Case Summaries
May 19, 2014
Multani v. Witkin & Neal, 215 Cal. App. 4th 1428 (2013): HOA’s pre-sale notices do not absolve them of their post-sale statutory duty to notify homeowner of a 90-day redemption period (CCP § 729.050). HOA’s failure to comply with § 729.050 may be grounds to set aside the FC sale (remanded to trial court). In addition, no tender is required because imposing one would financially bar most potential plaintiffs, rendering 729.050 ineffectual. Therefore, “a debtor is properly excused from complying with the tender requirement where the nonjudicial foreclosure is subject to a statutory right of redemption and the trustee has failed to provide the notice required under section 729.050.”
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Wyoming Supreme Court Rules for Homeowner Against Bankster - Must Disclose Yield Spreads to Consumer
May 9, 2014
After conducting a compliance examination of CalCon Mutual Mortgage Corporation (“CalCon”) the Wyoming Department of Audit, Division of Banking (“Division”) determined that CalCon had violated the Wyoming Residential Mortgage Practices Act in six separate brokering transactions by receiving application fees and “yield spread premiums” exceeding those previously disclosed to its customers.
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Montana Supreme Court Rules for Homeowner Reverse SJ for BOA - Oral Contract to Modify is Enforceable - Triable Issues of Fact Existed
May 9, 2014
Abraham and Betty Jean Morrow filed a request for a modification of their home loan, serviced by Bank of America, through the federal Home Affordable Modification Program. Bank of America denied the modification and scheduled a trustee’s sale of the property.
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Wachovia, Wells Taking Drug Cartel Money - Join in this Petition to CA Supreme Court
May 4, 2014
Here's the latest with Wells Fargo, the recipient of drug laundered monies. Obviously Wells Fargo is in violation of RICO statutes and can't foreclose on people and can't benefit from these drug laundered funds.
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Big Mistake to Opt for a Bench Trial; Demand a Jury Trial
May 2, 2014
Include a demand for a jury trial on all issues of fact as the final paragraph in your complaint. Follow up with a pleadins entitled, "demand for jury trial on all issues of fact"
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Deutsche Bank Says Landlord Ruling May Flood Courts
bloomberg.com | May 1, 2014
Protecting Tenants at Foreclosure Act creates a landlord-tenant relationship between the “Bank” and tenant for the duration of the lease and imparts liability accordingly for breach of the implied covenant of quiet enjoyment and wrongful eviction in California. Summary judgment and protective orders reversed.
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April 2014

Complete Insanity! Mary McCulley Sent to Jail
bozemandailychronicle.com | April 26, 2014
This is unbelievable. Absurd. Kafkaesque. Mary McCulley was sent to jail yesterday because supposedly she is a “public risk” and doesn’t “respect the law”
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52 Year-Old French Banker Jumps To Her Death In Paris (After Questioning Her Superiors)
zerohedge.com | April 27, 2014
There have been 13 senior financial services executives deaths around the world this year, but the most notable thing about the sad suicide of the 14th, a 52-year-old banker at France’s Bred-Banque-Populaire, is she is the first female. As Le Parisien reports, Lydia (no surname given) jumped from the bank’s Paris headquarter’s 14th floor shortly before 10am. FranceTV added that sources said “she questioned her superiors before jumping out the window,” but the bank denies it noting that she had been in therpapy for several years.
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Magistrate Recommend in BK Whistleblower Case
April 27, 2014
Here is the Magistrate Recommend in the Morse v. Stanley BK whistleblower case (RICO against MERS).
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NY Largest BK Case in History Receives IRS & SEC Whistleblower Filing
April 27, 2014
Here are the pleadings in the Morse v. Stanley, et al Whistleblower case in NY. Morse is in pro per (whistleblower).
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Think MGC Mortgage Inc. When You Read this About Tax Identification Numbers
April 25, 2014
All EIN applications (mail, fax, electronic) must disclose the name and Taxpayer Identification Number (SSN, ITIN, or EIN) of the true principal officer, general partner, grantor, owner or trustor. This individual or entity, which the IRS will call the “responsible party,” controls, manages, or directs the applicant entity and the disposition of its funds and assets. If there is more than one responsible party, the entity may list whichever party the entity wants the IRS to recognize as the responsible party.
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Why haven't the banks complied with the regulators?
April 23, 2014
As the rest of the housing industry recovers, a little-known firm with a key role in U.S. mortgage finance remains stuck in limbo, wrestling with regulators, lawsuits and the departures of senior employees.
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C.W. Mining Company, et al v. Bank of Utah, et al
April 18, 2014
In August 2007, C.W. Mining, an entity operating a coal mine in Utah, deposited $362,000 with the Bank of Utah; in turn, the Bank issued a certificate of deposit to C.W. Mining for that same amount. In January 2008, creditors filed an involuntary Chapter 11 bankruptcy petition against C.W. Mining.
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BAC Homes Loans Servicing, LP v. Trancynger
April 18, 2014
In 2003, Appellants entered into a mortgage with Countrywide Home Loans that secured a promissory note in the amount of $165,750 and encumbered certain property.
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Foreclosure Fraud Update From Consumer Rights Defenders
April 17, 2014
If your owner of the loan says they own the note, we recommend a securitization audit be done and you sue immediately. In a matter ongoing in LA Superior Court this month a commercial owner was deceived by FM and its lawyers who said “Yes, FM owns the Note rights,” then when pressed about proof, they would NOT show any documents supporting the position.
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Foreclosure Manual for Judges on Washington State
April 17, 2014
This is a GREAT TOOL. JUDGE's manual on foreclosure! either you, your lawyer or advocate, needs to print this out, highlight issues pertaining to your case, and bring it with you to court. When judge rules against the manual, CHALLENGE HIS RULING by asking him POINT BLANK—why aren't YOU FOLLOWING the Judge's manual!
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Homeowner Bill of Rights Collaborative Newsletter
April 15, 2014
Please enjoy the HBOR Collaborative's April edition of their foreclosure newsletter. It features an article by NCLC on RESPA's new loss mitigation procedures. We also track the recent developments in foreclosure caselaw and regulatory updates.
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Judge Upholds 5 Million in Damages
April 15, 2014
The judge yesterday upheld the 5 million in damages yesterday.
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Published Decision out of Washington State - Watson v. NWTS
April 11, 2014
Northwest Trustee Services Inc. (NWTS) seeks discretionary review of the superior court's denial of NWTS's motion for summary dismissal of the claim.
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CA Peng v. Chase - Unpublished but Good Dissenting Opinion
April 11, 2014
APPEAL from a judgment of the Superior Court of Los Angeles County. Jan Pluim, Judge. Affirmed. Philip E. Koebel; and Chris Ford for Plaintiffs and Appellants Jeffry Peng and Grace Peng. Wargo & French, Mark Block, Jeffrey N. Williams for Defendants and Respondents JPMorgan Chase Bank, N.A. and Federal Home Loan Mortgage Corporation.
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The Import & Impact of Glaski v. Bank of America – The HBOR Collaborative
April 11, 2014
A month has passed since the California Court of Appeal handed down their decision in Glaski v. Bank of America, N.A., 218 Cal. App. 4th 1079 (2013). In that month, the opinion has been published and Bank of America’s petition for rehearing denied. Now binding on all California trial courts, the opinion has attracted much attention and praise in the foreclosure defense world.
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Butler v. Deutsche Bank Trust Co. Ams.
April 11, 2014
Plaintiff obtained a loan secured with a promissory note and mortgage on his Massachusetts home. The mortgage document listed Mortgage Electronic Registration Systems (MERS) as mortgagee and nominee for the lender’s successors and assigns.
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Haase, et al. v. Countrywide Home Loans, Inc., et al.
April 11, 2014
Plaintiffs filed suit against defendants after plaintiffs failed to make the required payments on their home equity loan. On appeal, plaintiffs challenged the district court's dismissal of their claims.
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Kim, et al. v. Dome Entertainment Center, Inc.
April 11, 2014
A non-debtor spouse contended that her homestead rights in the Texas residence that she shares with her husband, the debtor in bankruptcy, precluded a forced sale of the property and alternatively, that if a sale occurred, she must be compensated for the loss of her homestead interest in the property.
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Lackey, Jr. v. Wells Fargo Bank, N.A., et al.
April 11, 2014
Plaintiff filed suit against Wells Fargo and Freddie Mac, asserting several deficiencies with the foreclosure of his home and seeking to quiet title to the property in himself.
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Bracewell, et al. v. U.S. Bank Nat'l Assoc.
April 11, 2014
Plaintiffs filed suit against the Bank seeking to void a mortgage foreclosure sale of their home. Plaintiffs alleged that the Bank represented orally that it would postpone the foreclosure sale, but then proceeded to foreclose anyway.
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Santiago-Monteverde v. Pereira
April 4, 2014
Debtor, a New York City tenant, filed for Chapter 7 bankruptcy and listed the value of her apartment lease on Schedule B as personal property exempt from the bankruptcy estate as a "local public assistance benefit."
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Serra v. Quantum Servicing Corp.
April 4, 2014
Plaintiff refinanced his residential home mortgage, taking out a loan secured by his home. The mortgage listed Mortgage Electronic Registration Systems, Inc. (“MERS”) as the mortgagee of record.
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W Holding Co., Inc. v. AIG Ins. Co.
April 4, 2014
After Westernbank of Puerto Rico was ordered closed in the late 2000s and the Federal Deposit Insurance Corporation (“FDIC”) was appointed receiver, the FDIC discovered that certain bank directors and officers had breached their fiduciary duty by jeopardizing the bank’s financial soundness, causing over $176 million in damages to the bank.
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21st Century Financial Services v. Manchester Financial Bank
April 4, 2014
The Bank sought to vacate an arbitration award in favor of 21st Century. The court concluded that the district court did not clearly err in determining that the Bank had actual or constructive notice of the arbitration; the record contained several communications showing that various bank organizers knew of the forthcoming proceedings; and because the Bank had actual or constructive notice and Bernstein Seawell & Kove v. Bosarge requires no more, the court did not need to decide whether 21st Century failed to comply with section 15.2 of the Agreement.
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Espeland v. OneWest Bank, FSB
April 4, 2014
In 2005, appellants Max and Peggy Espeland refinanced their home with E-Loan, Inc. Shortly thereafter, their loan was purchased by another bank and securitized. The Espelands eventually defaulted on the loan and their home was sold in a non-judicial deed of trust foreclosure.
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Gretsch v. Vantium Capital, Inc.
April 4, 2014
Appellant entered into a mortgage with Aegis Lending Corporation. The mortgage was later assigned to Pacifica L. Ninteen, and the servicing rights were eventually transferred to Vantium Capital, Inc. (“Acqura”). After foreclosure proceedings were commenced against Appellant, Appellant filed suit against Acqura, alleging numerous state law claims.
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JPMorgan Chase Bank v. Skoda
April 4, 2014
Frederick Skoda appealed the grant of summary judgment foreclosing the mortgage held by JPMorgan Chase Bank. The mortgage included provisions for the payment of principal and interest as well as the payment in escrow for property taxes.
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March 2014

Rules of Publishing & Depublishing Cases CITE People v. Dee (1990)
March 31, 2014
An opinion of the court of appeal or the appellate division of a superior court that is not certified for publication or ordered published generally may not be cited or relied on by a court or a party in any other action or proceeding [ Cal. Rules of Ct., Rule 8.1115(a)[Deering's]].
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Federal Form Complaint
March 30, 2014
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Stay of Enforcement After Eviction
March 28, 2014
NOTICE IS HEREBY GIVEN that on _________, 2008, at ___ a.m. in Department ___ of the Superior Court of California, County of Los Angeles located at _________, California 9, Defendant _________ will move the above-entitled court for an Order staying enforcement of the Judgment.
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9th Circuit Holds Banksters Can Use DIVERSITY to Remove to Fed CT 3/27/14!
March 28, 2014
URGENT! Very important. YOU MUST NAME A DEFENDANT WHO IS A CALIFORNIA RESIDENT IF YOU WANT TO KEEP YOUR CASE IN STATE COURT.
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INVESTIGATED: Another JP Morgan Bank Corporate Attorney "Accidental" Death
March 27, 2014
Why did JP MORGAN CHASE Lead Corporate BK Lawyer Joseph A Giampapa 55 meet his demise prematurely?
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FDCPA Case Law Citations - Consumer Protection Agency
March 27, 2014
FD CPA Case Law citations for your reading enjoyment. Please be advised Case Law is NOT the same as Case Holding. Case Holding implies Legislative Intent in writing a Statute, Congressional Approval (Thru Publication into Federal register) and Judicial acceptance.
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Followup to Hold Judges Accountable
March 26, 2014
ALL APPOINTED AND ELECTED OFFICIALS, including Judges, must have BOND in the county (to protect public from crimes and frauds by govt employees).
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Best News in Thirty Years! Robin Riblett Retiring in May 2014
March 26, 2014
Known to scream and yell (with FACE as HOT & RED as a fire engine) at homeowners' attorneys trying to save homes, "Why should I give YOUR CLIENT A FREE HOUSE?"
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HUGE SHAKE UP AT THE TOP OF JP MORGAN CHASE? Rats jumping Ships!
March 26, 2014
What's the expression?...The Rats are leaving the ship?! Well there goes a big hairy rat from the heart of the Silver Market Rigging Operation: A Likely Heir is Leaving JP Morgan. "The surprise departure of a top JP Morgan Chase executive for a giant private equity firm underscores how financial regulations are forcing a shift in the balance of power on Wall Street"
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JPMorgan Chase Bets $10.4 Billion on the Early Death of Workers
kauilapele.wordpress.com | March 26, 2014
Families of young JPMorgan Chase workers who have experienced tragic deaths over the past four months, have been kept in the dark on many details, including the fact that the bank most likely held a life insurance policy on their loved one – payable to itself. Banks in the U.S., as well as other corporations, are allowed to make multi-billion dollar wagers that their profits from life insurance policies on employees will outstrip the cost of paying premiums and other fees. Early deaths help those wagers pay off.
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URGENT! HBOR MUST TAKE ACTION TO PROTECT HOMEOWNERS NOW!!!
housingwire.com | March 23, 2014
Question: Will HBOR START working NOW with legislators to get UD ltd jurisdiction CCP procedural codes REVISED NOW!!! THIS IS DESPERATELY NEEDED?
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HOLD JUDGES ACCOUNTABLE!
March 22, 2014
In a previous article we urged people to write to Chief Justice Ron George on demanding judicial accountability. He responded back that he appreciates our initiative and he to desires to expose these bad judges that are giving all judges a bad name.
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DRACULA GUARDING BLOOD BANK! Marione Runs "independent" Forclosure Review at Chase
March 22, 2014
I am sure you heard about Marione (she ran "the hustler" program at now defunct Countrywide)? resulting in a recent jury award against Countrywide/BofA for $864 million.
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Get it out of Federal Court 90% Dismissed on 12 (B)(6) Motion Motion to Remand Trust Holders Destroy Diversity
March 22, 2014
This may be of interest to you; especially you attorney’s and Pro Se types.
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NEW HBOR Foreclosure Newsletter Focusing on RESPA New QWR Procedure and Requests for Information
March 21, 2014
Please enjoy our Pi-day (or March) edition (PDF) of the HBOR Collaborative foreclosure newsletter. This month's article follows up on our January piece, providing the second half of NCLC's comprehensive review of RESPA's new QWR procedure. Part I focused on Notices of Error and Part II provides an overview of Requests for Information.
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Consumer Bankruptcy Powerpoint
March 21, 2014
To all pro pers or attys with clients in BANKRUPTCY; this is an outline of how BK works after the DOJ "National Settlement with the BIG 5 BANKS".
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Registered Agent for Chase - Corporation Trust Co - Where does CHASE Bank Fit in?
March 21, 2014
"Corruptissima re publica plurimae leges." "(The more corrupt the state, the more numerous the laws.)" Cornelius Tacitus (55-117 A.D.)
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Statue of Limitations State by State for Debt Collectors
March 21, 2014
See below and set yourself free! Fly high in CA in only after 4 yrs!!! ( Cal. Civ. Proc. Code – 312 et. seq. ) and wonder if this applies to a property tax in Pennsytown after 4 yrs?!!!! ( 42 Pa. Cons. Stat. Ann. – 5501 et. seq.)
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Pooling and Servicing Agreement FNMA
March 21, 2014
Have you reviewed your Pooling and Servicing agreement?
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Judge Bowden Writes About & EXPLAINS MERS and RECON TRUST
March 21, 2014
Good letter to counsel by judge explaining why he found the foreclosure wrongful.
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Atty Linda Tirelli Exposes Wells Internal Manual Showing How to Fabricate Docs
foxbusiness.com | March 21, 2014
Watch the latest video at video.
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Wells Fargo Busted! Teaching Attorneys & Employees How to FORGE & FABRICATE
nypost.com | March 17, 2014
New York Attorney General Eric Schneiderman and three major regulators are investigating allegations made in a federal court case that Wells Fargo has set up detailed internal procedures to fabricate foreclosure papers on demand.
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Have You Had Full Disclosure on Your Federally Related Mortgage?
March 17, 2014
FDIC and WAMU always withheld the ENTIRE agreement which is 112 pages and only produced the FIRST 38 pages.
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9th Circuit DINGS DEUTSCHE AGAIN. No Recovery of $ From FDIC
March 12, 2014
Talk about double and triple dipping? Not only did Deutsche foreclose and steal homes they never paid for but also submitted "LOSS CLAIMS" in FDIC's bankruptcy cases.
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Fraudclosure: Sometimes The Good Guys DO Win!
fedupusa.org | March 10, 2014
A San Luis Obispo County couple has received a million-dollar-plus settlement and title to two houses in a case that is likely to result in more lawsuits by people who lost property to mortgage lenders after the bursting of the housing bubble.
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GKW Publishes Memo on Arizona Steinberger Case with Florida Case Citations
housingwire.com | March 9, 2014
Periodically we publish things that we think are important and can be of use to fellow practicing attorneys. When I read the Steinberger decision I felt it was just plain right.
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USSC Whistleblower Protection Extends to Private Contractors/Subs
March 4, 2014
To safeguard investors and restore trust in financial markets after the Enron collapse, Congress passed the Sarbanes-Oxley Act of 2002, which provides that no public company nor any contractor or subcontractor of such a company, may discharge, demote, suspend, threaten, harass, or discriminate against an employee in the terms and conditions of employment because of whistleblowing activity, 18 U. S. C. 1514A(a).
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CA Dist Court MERS v Robinson
March 2, 2014
Judge Guetierrez wrote an excellent opinion here explaining the subtle differences between having an "interest" in property, such as easement or a claim like MERS, and having a right or adverse interest against TITLE to the property (a pre-requisite to the right to notice under a 760.010 QUIET TITLE action)
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Big Bank FAIL - Judge Rules BOA Foreclosures Unconstitutional
March 1, 2014
Watch an interview featuring Susanne Posel, Chief Editor at The US Independent who joins Gary Franchi to break down her investigation onto the recent ruling against Bank of America's Unconstitutional foreclosures... and what it means for you. If you have lost anything thru a foreclosure or if you are yet in the process of foreclosure, you may find this video of interest.
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