Florida 5th DCA – Rubber Stamping Rocket Docket Judge REVERSED for Denying Motions to Cancel Foreclosure Sale Over and Over and Over

This sure sounds familiar… Once again the banks can’t even get their own sales canceled in the lower courts… Pattern here anyone? WELLS FARGO BANK, N.A. v. LUPICA WELLS FARGO BANK, N.A. AS TRUSTEE, etc., Appellant, v. CARL T. LUPICA AND MARGARET LUPICA, Appellees. Case No. 5D09-2902. District Court of Appeal of Florida, Fifth District. … Read more

REVERSED – North Carolina Court of Appeals in the Matter of the Foreclosure in Re Adams

It seems like EVERY DAY we are finding more and more of these rulings from the appellate courts… Great work Foreclosure Fighters!!! NO. COA09-1455 NORTH CAROLINA COURT OF APPEALS Filed: 1 June 2010 IN THE MATTER OF THE FORECLOSURE of a Deed of Trust Executed by Hannia M. Adams and H. Clayton Adams, Dated October … Read more

MERS / BAC Bankruptcy Court Bashing In RE: BOX Order Denying Motion for Relief from Stay

IN RE BOX In re: MARTY EUGENE BOX and TAMMY JEAN BOX, Debtors. Case No. 10-20086. United States Bankruptcy Court, W. D. Missouri. June 3, 2010. ORDER DENYING MOTION FOR RELIEF FROM STAY ARTHUR B. FEDERMAN, Bankruptcy Judge Some excerpts… The Debtors do not oppose the motion, but the Chapter 7 Trustee has challenged BAC’s … Read more

Another 2nd DCA Smackdown – Howell v. ED BEBB, INC., 2D09-3664 Summary Judgment Reversed

IN THE DISTRICT COURT OF APPEAL OF FLORIDA SECOND DISTRICT DAVID B. HOWELL and DAVE B. ) HOWELL, LLC, Appellants, v. Case No. 2D09-3664 ED BEBB, INC., Appellee. Opinion filed May 28, 2010. Appeal from the Circuit Court for Polk County; Karla Foreman Wright, Judge. Matthew J. Conigliaro, Annette Marie Lang, and Stephanie C. Zimmerman … Read more

Excellent Appellate Brief on Assignments, Indorsements, Standing and MERS

STATEMENT OF THE CASE AND FACTS This appeal is taken from the Circuit Court’s decision to render Summary Final Judgment against the Appellant. The Appellate Court of Florida has jurisdiction to consider the issues raised in this appeal under authority of the Florida Rules of Appellate Procedure, Rule 9.130 et seq. The nature of the … Read more

Florida 5th DCA – More Heat for Rubber Stamping Judge for Denying Motions to Cancel Foreclosure Sales Over and Over and Over and Over

Funny how the banks cant even get their sales canceled… Ex-Volusia County Circuit Court Judge John V. Doyle is drawing renewed heat for issuing rubber-stamped denials over and over and over and over… Although this appeal is brought by the Plaintiff / Lender, it speaks to the issues of the procedure followed by the rubber-stamping … Read more

To All Community Journalist’s Take “Note” (no pun intended) How to Report REAL Foreclosure News – New Rule Says Banks Must Prove Ownership Before Foreclosing

New rule says banks must prove ownership before foreclosing (Since it was ordered by the FL Supreme Court since February) By Kimberly Miller Palm Beach Post Staff Writer Foreclosure filings have backed off this year, dropping 36 percent in Palm Beach County last month compared to March, but it may not be a brightening economy … Read more

Wetzel, III v. Mortgage Electronic Registration Systems, Inc – Recording of Affidavit of Lost Mortgage Does NOT Constitute Constructive Notice Sufficient to Defeat the Claim of a Bona Fide Purchaser

WETZEL, III v. MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INC. 2010 Ark. 242 Frederick S. WETZEL, III, Petitioner, v. MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INC., Respondent. No. 09-1410. Supreme Court of Arkansas. Opinion Delivered May 20, 2010. DONALD L. CORBIN, Associate Justice. We are presented with a question of law certified to us from the United States Bankruptcy … Read more

LPS – Lender Processing Services President and CEO Reply to Bogus Assignee and Bad Bene: Mortgage Documents: Placeholder Items Were Innocent

Reply: Mortgage documents: Placeholder items were innocent Now this chaps my ass… Letter to the editor anyone? LPS is very involved in the Jacksonville community and highly values its role and reputation as a good corporate citizen. Therefore, I believe it is vitally important to provide clarification to the May 14 article in The Florida … Read more

Attorneys: Forged Signatures, Sloppy Paperwork on Many Foreclosure Documents

(links added by 4closureFraud) When Florida Attorney General Bill McCollum announced a probe into one of the state’s largest foreclosure law firms for allegedly fabricating legal papers used to speed up foreclosures, Hobe Sound attorney Trent Steele dubbed it “a good beginning.” That’s because for a couple of years, he and other foreclosure attorneys have … Read more

Foreclosure Fraud From A Client’s Perspective- A Very Good Read

from Matt Weidner’s Blog by Matthew D. Weidner, Esq. The following is a touching, sad and brilliantly-written essay provided to me by a client.  From time to time, we lose sight of the fact that foreclosure is not just some abstract court case.  There are real losers here.  When a defendant loses, he’s your neighbor … Read more

Berry v. Deutsche Bank National Trust Company – Existence of a Genuine Issue of Material Fact Regarding the Validity of the Foreclosure Sale was Enough to Preclude Judgment in Favor of the Lender

Facing The Boot, Homeowners’ Claim That F’closure Sale Price Was So Low As To “Shock The Conscience” Was Enough To Thwart Subsequent Eviction Attempt “The general rule is that, where the price realized at the [foreclosure] sale is so inadequate as to shock the conscience, it may itself raise a presumption of fraud, trickery, unfairness, … Read more

Hey Fraudsters – Here is Why You Will NEVER Win – The Human Spirit

Not the usual 4closureFraud post but… From my point of view, ultimately, good has always triumphed over evil. Since the beginning of time, there has been the balance of right and wrong, yin and yang, good and evil. The power of the human spirit is why the fraudsters will never succeed in the end. I … Read more

Freddie Mac Foreclosure Fraud Timeline Management

From the presentation… Selecting the Foreclosure Counsel or Trustee Designated Counsel/Trustee Non-designated Counsel/Trustee Benefits of Using Designated Counsel Loans in the Designated Counsel program receive foreclosure timeline benefits in the Servicer Performance Profile Foreclosure and bankruptcy fees and costs are managed directly between Freddie Mac and Designated Counsel Counsel will order the BPO (Broker’s Price … Read more

Daily Business Review – Law firm probed over ‘false’ documents filed in court cases

The Florida attorney general is investigating one of the nation’s largest foreclosure law firms over allegations it falsified legal documents to expedite foreclosure cases filed by its lender clients. Tampa-based Florida Default Law Group “appears to be fabricating and/or presenting false and misleading documents in foreclosure cases,” according to the attorney general’s Economic Crimes Division … Read more

WARRIOR LAWYERS

I have been an attorney for over 25 years.  I have been practicing foreclosure defense law for two years or more.  I am just as passionate about protecting the rights of the homeowner today as I was when I started.  I have often asked myself why.  The answer is here. Congress acted to break the … Read more

Hard Hitting Report – Florida AG Bill McCollum Investigates its own, Erin Collins Cullaro

The Press is Listening!!! State AG investigates its own By SHANNON BEHNKEN and MICHAEL SASSO sbehnken@tampatrib.com msasso@tampatrib.com Published: May 1, 2010 TAMPA – The Florida Attorney General’s Office said Friday that it is investigating the involvement one of its attorneys had with one of the state’s largest foreclosure firms. This comes a day after the … Read more

Thank You to All for one of the BEST Months in the Foreclosure Fraud Fight

Congratulations to All! This past month has been one of the most influential months that we have seen in the Fight for Justice since we started our crusade. Here is a list of a quick recap of what has been accomplished in the last 30 days. Feds Investigating LPS Subsidiary DOCX WSJ Picks Up on Bogus … Read more

NY Post – Florida Judge Reverses own Summary Judgement after GMAC Lawyer Could Only Manage a Ralph Kramden-like hamina-hamina-hamina

This story in the NY-POST is in regards to OVERRULED!!! Florida Judge Reverses His own Summary Judgment Order! Full transcript below… GMAC Mortgage got slammed by a Florida judge this month — and that may be good news for some of the 1,234 New York homeowners hit with a foreclosure action by GMAC since the beginning … Read more

Another WSJ Smackdown! Florida Judges Bash Banks in Foreclosure Cases

Again straight from the blogosphere to the Wall Street Journal!!! Don’t forget to Join us for our Rally in Tally!!! Watch out Fraudsters, we are gaining some powerful allies in powerful places… Be sure to track the Comments in the WSJ Article as well…   Judge Bashes Bank in Foreclosure Case By AMIR EFRATI A … Read more

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