In an effort to save her mother’s home, Idania Castro waged a two-year battle with the bank. With the help of attorney Omar Arcia, she won her case. The lender decided to stop all legal proceedings against her because the documents were deemed fraudulent . Castro now owes nothing.
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I NEED HELP. OCWEN IS ABOUT TO FORECLOSE ON ME. SOMETHING ABOUT 38 DAYS FROM THE FIRST MONDAY OF FEBRUARY 24,2014. I HAD CHAPTER 7 BANKRUPTCY
IN 2010, DISCHARGED IN FEB. AMERIQUEST REFINANCED ME IN2004 WITH A FALSE APPRAISAL. PLEASE CONTACT ME.
WOW, this is great news and a great precedence for all the homeowners in trouble with foreclosure. Where this Arcia Law Firm is located ? they attend in Miami Florida o Nationwide?
I’m so happy to see such an amzing interchange regarding the outcome of this case, which our Firm handled. It was truly an amazing result for our client, Ms. Castro after a long hard-fought legal battle. As explained by others responding to the article, this was part of a settlement with Ocwen after Judge Thomas in Miami, FL made it very clear that Scott Anderson (robosigner) would have to appear in person under oath and explain the differences in his signatures on the various assignments of mortgage. His attorney’s response was that (believe it or not), Mr. Anderson would not “recognize his signature, because it has changed over the years.” I have the hearing transcript to prove this. By the way, Ocwen was represented by one of the most prestigious, high priced law firms in town. Mr. Anderson was spared the agony of appearing under oath and testifying that he did not recognize his own signature since the parties entered into the settlement. If anyone on this blog would like for our law firm to review your loan documents or would like to meet in person to discuss your case, we can be reached 24/7 at 1-800-770-7102 or you can email me directly at info@arcialawfirm.com. I will not provide legal advise over the phone, only in person.
You can also visit our website http://www.arcialawfirm.com to sign up for our weekly email blast and newsletter and to view other news programs in which we have been featured. By the way, part of the agreement in Castro was that Ocwen file a Release and Satisfaction of Mortgage and record same in public records — which has been done. Our client truly owns her house today free and clear of any mortgage. God bless our legal system!
Too many wins for the ‘good guys’ will lead to NATIONALIZED BANKING; which you do NOT want. She borrowed, she went ‘upsdie down’; she challenged and they ‘walked away’. This is NOT a case law that is usable in most homeowner/borrower sitations that will be weighted by a judge/jury. She MUST do more to get her house as I had the SAME SITUATION when the bank walked. I had to do more legal work….!!! Here it is: http://www.scribd.com/doc/90184879/I-Won-my-House-FREE-CLEAR-Here-s-HOW
Saying ‘screw the banks’ and give me my house ‘free & clear’ will lead WORSE economic disaster….!!!!
She DID NOT borrow money, she created capital and was deceived, like most of us were
looks like your doc has been removed. can you send it to me at mdgillis@hotmail.com. congrats & thanks!
I keep telling people that they need to have an attorney review all loan documents pertaining to their home and ask their mortgagee via RESPA for current information re: their loan and/or mortgages.
Does anyone know the name of this case, involving the SF woman Adiana Castro and her attorney Omar Arcia.
It’s shocking, but nice to see a Florida judge follow the rule of law!
This does not appear to be the result of any JUDGE ruling in favor of the borrower. Careful reading of the post shows that “The lender decided to stop all legal proceedings.”
The attorney for the borrower (and her daughter) earned his keep. It appears that the banksters knew better than to let this become a win in the courts for borrowers. It was to the banksters’ advantage to ‘move along, nothing to see here, other homes to easily swipe’.
Also if this did go to a court decision, there would not have been just the clearing of the loan, but damages and the borrowers legal fees would have added to the award.
As it is, the homeowner likely still has to quiet title to remove the mess from her property title. In the process of doing this, even prior loans that were not properly satisfied may come to light which could make this even more difficult.
It looks to me like there is still a case to be filed by the borrower to ensure that she gets clear title to the property and is not subject to some further attempt by a debt collector or the like.
Anyone with a loan that lists “America’s Wholesale Lender CORPORATION” as their lender should sit up and take notice that said corporation was never a member of MERS at the time of the loan creation.
MERS has no corporate resolution to cover any relationship with AWL Corp. The loans in question identify the lender as a New York Corporation, nothing else.
That NY Corporation did not exist at the time any of the loans were originated. This means that there is no valid successor corporation to AWL Corp that could have validly and legally placed the loans into the MERS system on behalf of some successor corporation.
All MERS assignments or other actions such as the Substitution of Trustee are BOGUS.
Do not let some other institution try to argue that they are the successor to this AWL Corp. BofA tries to use a now defunct service mark that is not even on the documents as a way to claim the loans are theirs. Do not allow this argument. Fight to force them to show how they are the successor in interest. There is not usage of the service mark or any d/b/a on the loan documents I am referring to.
When properly HEARD, these loans are VOID. There is no connection to BofA or Countrywide on the actual loan. CW was frequently the original servicer. They are trying to use MERS to cover for this leap. Fight them.
We have to stop using the word “robo-signing” and start using the right words: forgery and perjury. Criminal acts cannot be the basis of court judgments. That is a clear violation of procedural and substantive due process. None of the court judgments based on forgeries will be allowed to stand. Let’s keep people in their homes first and then proceed for the people who lost their homes because they were unable to defend themselves. We must not lose one more home and then we must get them all back. The homes are real. The false paperwork and all the derivative bets are an electronic illusion. The fraud system is going to collapse (JPMorgan, following MFFGlobal are a sliver of ice at the tip of the iceberg.) Occupy our homes and restore our communities.
We are crime victims and have gone through the period of shame and self-blame. We have been abused a second time by the courts. We are “over it” now and need to take back our courts and our nation’s real assets from the empty trusts.
[LIKE] you are so right!!
and they said this would never happen! does anyone know the florida rule if your note has a rubber stamp endorsemenf of joan m mills vp wells fargwo.thanks everyone this is great newsq
Look up the Florida law against forgery and apply it to your facts.
Fuck. The banks, they do not have the rights to foreclose on anything!
As I have said repeatedly, I have done due diligence. Bank of America is dragging this out knowing how “UNCLEAN” the hands of Office of the President of Bank of America along with Blank/Rome LLP law firm.
judesworld.mcdonald3@Gmail.com in photo album I listed a few of 100’s documents.
Its about time! Challenge everything! (Because they don’t have it!)
Congratulations! Well deserved. Precedent is starting! That is the 1 thing the ‘Banks’ dont want!
Fight the good fight! Be well!
The entire idea of the voluntary settlement described above is to NOT create ANY PRECEDENT!
True LV, but it is still a win for the good guys. We need tons more, but everyone like this is great!