Thursday, September 29, 2011
STOP FORECLOSURE FRAUD UPDATE
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Stop Foreclosure Fraud presents the following...
Iowa Class Action Against CitiMortgage “agressively and falsely advertised its commitment to help homeowners obtain affordable loan modifications.” - 2011-09-28 15:45:15-04
H/T Adam Belz UNITED STATES DISTRICT COURT FOR THE SOUTHERN DISTRICT OF IOWA CENTRAL DIVISION KEITH GOODYK, on behalf of himself and all others similarly situated, Plaintiff, V. CITIMORTGAGE, INC., Defendant. Scribd iPaper(66714314, 'key-ubxfb2g3pval653h78z', 600, 600); © 2010-11 FORECLOSURE FRAUD | by DinSFLA. All rights reserved. www.StopForeclosureFraud.com
Boston’s housing crisis spawns a grassroots revolution - 2011-09-28 21:59:03-04
Boston’s housing crisis spawns a grassroots revolution - 2011-09-28 21:59:03-04
You have to love the intro… “There are about 1500 pissed-off people lacing up their shitkickers around Boston right now.” The Phoenix- There are about 1500 pissed-off people lacing up their shitkickers around Boston right now. They’re airbrushing placards, photocopying fliers, and in some cases preparing to be arrested. It’s been more than three years [...]
This stunning art exhibit “Loft in the Red Zone” on #WallStreet is being devastated by over-policing. Can u help keep their art going? - 2011-09-28 22:13:57-04
This stunning art exhibit “Loft in the Red Zone” on #WallStreet is being devastated by over-policing. Can u help keep their art going? - 2011-09-28 22:13:57-04
“Loft in the Red Zone”, is an artist organized tribute to 9/11 that opened at the Historic JP Morgan building at 23 Wall Street on September 9th, 2011. This exhibition is a conceptual group show honoring the victims, first responders and the people of New York City. Click image to help © 2010-11 FORECLOSURE [...]
FHFA Seeks Comments: Alternative Mortgage Servicing Compensation Discussion Paper - 2011-09-28 22:31:44-04
FHFA Seeks Comments: Alternative Mortgage Servicing Compensation Discussion Paper - 2011-09-28 22:31:44-04
How can the FHFA change the fee structure for mortgage servicers before the industry knows what it’s being paid to do? If you’re suing them why are you discussing rewarding bad service? Servicing Compensation Initiative pursuant to FHFA Directive . Alternative Mortgage Servicing Compensation Discussion Paper September 27, 2011 Scribd iPaper(66757085, 'key-cfycb67010nleyi1rye', 600, [...]
In Re: CROMWELL: Mass. BK Court “Consumer Credit Cost Disclosure Act, Notice of Right to Cancel, Truth in Lending Act” - 2011-09-28 23:16:27-04
In Re: CROMWELL: Mass. BK Court “Consumer Credit Cost Disclosure Act, Notice of Right to Cancel, Truth in Lending Act” - 2011-09-28 23:16:27-04
UNITED STATES BANKRUPTCY COURT DISTRICT OF MASSACHUSETTS EASTERN DIVISION IN RE: DOUGLAS CROMWELL, JR. AND MARY CROMWELL, DEBTORS. ___________________________________ DOUGLAS CROMWELL JR. AND MARY CROMWELL, PLAINTIFFS, v. COUNTRYWIDE HOME LOANS, INC. AND MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INC., DEFENDANTS. __________________________ MEMORANDUM OF DECISION I. INTRODUCTION The matters before the Court are the Second Amended Complaint (the [...]
BOMBSHELL! RED ALERT! THE ATTACK ON CITIZENS OF FLORIDA BEGINS….HB 213 - 2011-09-28 23:26:29-04
BOMBSHELL! RED ALERT! THE ATTACK ON CITIZENS OF FLORIDA BEGINS….HB 213 - 2011-09-28 23:26:29-04
VIA: MATT WEIDNER Here it is folks, the bomb that we knew was coming. The draft of legislation that shows The State of Florida has been sold out to the banksters. 702.12 Attorney fee as sanctions for raising unsupported 1177 claims or defenses; exceptions; service of motions; damages for 1178 delay of litigation.— 1179 (1) [...]
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Wednesday, September 28, 2011
NEVADA AG, CATHERINE CORTEZ MASTO, HAS WELLS FARGO BY THE SHORT HAIRS
NEVADA ATTORNEY GENERAL (Catherine Cortez Masto) TO FILE CRIMINAL CHARGES AGAINST WELLS FARGO FOR FORGERY
Posted on September 28, 2011 by Neil Garfield
MOST POPULAR ARTICLES
“WE’VE GOT THEM COLD.”
EDITOR’S NOTE: We have all said what they did was criminal, now it is becoming official. And before you naysayers start complaining, let me point out that this has actually followed an orderly progression and you will see it many times over in the coming months.
- First we started with the deductive logic and investigation, and allegations by borrowers in court. They were not taken seriously until the number of such complaints reached a crescendo, but that is the way our system works.
- Then the regulators, who had turned a deaf ear to anyone writing a letter complaining about the servicing of their loan or the behavior of a pretender lender, turned themselves around and entered a slew of cease and desist, consent orders and those orders have teeth and can be used by borrowers in discovery and in their pleadings. The agency findings of misbehavior are presumptively correct.
- Now the justice system is getting involved, because building criminal cases takes a lot longer than civil cases or even administrative cases against the banks. Remember they have to prove the case beyond a reasonable doubt — not merely on innuendo or they “must have done it” or anything but that they did do it, they knew they did it and they did it with criminal intent.
Wells Fargo accused of forging loan documents
Housing in Southern Nevada
Morgan Stanley division reaches settlement with Nevada attorney general
National home price index shows increases; Las Vegas remains down
New-home sales stall nationally and locally
U.S. home sales jump 7.7 percent; local activity continues trend
Poll shows home ownership still American dream
Home sales up; prices down from 2010
Two valley real estate brokers land on Top 10 U.S. sales list
Nevada foreclosure filings surge in August
Cheap homes may spur companies to move to valley
By Doug McMurdo
LAS VEGAS REVIEW-JOURNAL
LAS VEGAS REVIEW-JOURNAL
Posted: Sep. 22, 2011 | 2:02 a.m.
Updated: Sep. 22, 2011 | 8:27 a.m.
Updated: Sep. 22, 2011 | 8:27 a.m.
A Las Vegas attorney who represents people facing foreclosure has accused Wells Fargo of forging loan documents. The allegation is the latest sign that efforts to hold mortgage lenders accountable are escalating in Nevada.
In court papers filed this month in Clark County District Court, attorney Dave Crosby alleged bank employees committed forgery and fraud in making a $350,000 loan to a father of four who was unemployed at the time.
“They forged signatures, they backdated documents,” Crosby said. “We’ve got them cold.”
Crosby said the bank has presented two deeds of trust for the same property. One bears the signature of Olivia A. Todd, who on Jan. 27, 2010, was identified as an assistant secretary with MERS, Inc., a mortgage servicer from the Phoenix area and a co-defendant in the lawsuit.
But on Feb. 16, 2010, Todd’s signature appears on a second deed of trust, where she is identified as the firm’s president. Both assignments were notarized as authentic, Crosby said in court papers.
Crosby made his allegations in a request to have a judge review three failed mediations between him and his clients, Ryan and Mical Henderson of Las Vegas, and lawyers with Wells Fargo, formerly Wells Fargo Home Mortgage.
Attempts to contact bank attorney Kevin Soderstrom were unsuccessful. Calls to Wells Fargo also went unreturned.
Nevada Foreclosure Mediation rules allow for a judicial review of failed mediations. In Clark County, District Judge Donald Mosley hears all such reviews.
The Legislature created the Foreclosure Mediation Program in 2009 to help thousands of troubled homeowners in the state, considered ground zero of the U.S. housing crisis, where tens of thousands of homes have been abandoned or foreclosed and a staggering 80 percent of homeowners owe significantly more than their homes are worth.
But banks and title insurance companies have not always been able to prove they own the mortgage and have the right to foreclose.
The Henderson case is the latest shot across the bow of mortgage lenders. The Nevada Supreme Court has issued rulings favoring homeowners in several recent cases on appeal. Nevada Attorney General Catherine Cortez Masto is expected to file criminal charges against bank and title company employees, as well as notary publics, over allegations of robo signing.
The term applies to a practice of signing affidavits attesting that bank officials have reviewed documents and found them proper even without making any review.
When the robo-signing scandal erupted last October in Florida, bank employees admitted to signing 10,000 documents a month without knowing whether they are legitimate.
Masto’s office declined comment on any plans for criminal action against robo-signers. She has taken an aggressive approach to holding banks accountable, and the Legislature earlier this year enacted new laws regarding robo signing.
Crosby said he suspects robo-signing is widespread in Nevada. One of his cases was the subject of an appeal filed with the state’s high court, and he used the lender’s own words against it.
Supreme Court justices found in favor of Crosby’s client, Moises Leyva, ruling unanimously that lenders have an absolute duty to strictly follow foreclosure mediation rules exactly as written.
More important, the high court ensured lenders couldn’t simply provide a sworn statement, often from their own employees, that they were the lender even when they failed to provide a verified copy of the deed of trust.
“They admitted how disorganized they were, that they lost paperwork,” Crosby said.
In court papers, Crosby accused Wells Fargo of continuing to play outside the lines. He alleged that a document the bank produced during mediation was backdated and bore a style of notary stamp that didn’t exist at the time it was signed. The document is included in the court file.
He also alleged that two documents bore the name of a bank employee and “are notarized by the same notary, (but) both signatures do not belong to the same person.”
Crosby wants Mosley to rule that Wells Fargo acted in bad faith, to award sanctions for the “obvious forged, backdated and falsified documents” and to award cash sanctions.
Crosby will ask Mosley to fine Wells Fargo an amount equal to the difference between the loan and the home’s current value.
The Supreme Court in its recent decision has made it clear to judges that such sanctions are appropriate when lenders are found to have acted in bad faith. A hearing has been scheduled for Oct. 6.
Review-Journal writer Chris Sieroty contributed to this report. Contact Doug McMurdo at dmcmurdo@reviewjournal.com or 224-5512.
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Filed under: bubble, CDO, CORRUPTION, currency, Eviction, foreclosure, GTC | Honor, Investor,Mortgage, securities fraud Tagged: | attorney general, bankruptcy, borrower, Catherine Cortez Masto, countrywide, disclosure, foreclosure, foreclosure defense, foreclosure offense,foreclosures, forgery, fraud, LOAN MODIFICATION, modification, Nevada, quiet title, rescission,RESPA, securitization, TILA audit, trustee, WEISBAND, Wells Fargo
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HOMEOWNERS HELPING HOMEOWNERS FOUNDATION
33605 W. 88th Street
De Soto, KS 66018
913-269-0399 Phone
888-881-2349 Fax
MORTGAGE FRAUD VICTIMS
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doG
doG
Q’s – I’m not talking/asking about fodder for filing a complaint, adn am not concerned with what is or is not “proof” of a forgery, I’m only concerned with if you DO have “proof (what is proof is only relevant if my basic premise is correct, adn can be hashed out later).
doG
doG
or creative solutions to dealing with the bsnksters.
Yes, if loan was written off — any party (servicer/servicer acting on behalf of) who now holds collection rights – those rights are for an unsecured written-off debt. IRS will not let them collect twice. And, everything must be properly transferred. See Footnote 35 by TARP Oversight panel – below —
Consumer protection laws say no. Though not as strong as we would like — consumer protection laws do exist — have to use them to the fullest. Including any sale of loan to any party — as outlined by the TILA — (and FDCPA for that matter). Tired of looking at this whole mess from “investor” prospective — there are “security investors” and “distressed debt investors” — need to distinguish — and need to focus on consumer law and protection.
Everyone has a right to know their current creditor. If that right is violated — so is federal law. If you do not know your current creditor — you will be affected for the rest of your life. Any modification you sign will be false. It is time to stop focusing on investors (who have been paid back – except they may not have earned the usury interest rate they thought they would) and start focusing on consumer fraud — and violation of our rights. Investors have gotten help — they were bailed out — WE NEED THE HELP NOW.
It does not matter that security investors may have helped fund the banks — they were not then — and are not now — our creditor. What a bank does with receivables is their business — we have no contract with security investors — or servicers unless the servicer acquired legal title –and if so — say so — and say when and how (as required by law) — and for what price. And, say this before a modification is negotiated — it is ammunition. Any concealment is — simply fraud upon fraud.”
doG