Two Faces: Demystifying the Mortgage Electronic Registration System’s Land Title Theory

Christopher Lewis Peterson University of Utah – S.J. Quinney College of Law Date posted: October 01, 2010 Abstract: Hundreds of thousands of home foreclosure lawsuits have focused judicial scrutiny on the Mortgage Electronic Registration System (“MERS”). This Article updates and expands upon an earlier piece by exploring the implications of state Supreme Court decisions holding … Read more

Attorney General Eric Holder Justice Department looking into home foreclosure mess

Justice Department looking into home foreclosure mess WASHINGTON (Reuters) – The Justice Department is looking into reports that U.S. financial institutions improperly foreclosed on houses, Attorney General Eric Holder said on Wednesday. Several states are investigating the practices of institutions like Ally Financial Inc, formerly known as GMAC, and JPMorgan Chase and Co, among others, … Read more

NY Times – Foreclosure Furor Rises; Many Call for a Freeze

Foreclosure Furor Rises; Many Call for a Freeze By DAVID STREITFELD and GRETCHEN MORGENSON Published: October 5, 2010 The uproar over bad conduct by mortgage lenders intensified Tuesday, as lawmakers in Washington requested a federal investigation and the attorney general in Texas joined a chorus of state law enforcement figures calling for freezes on all … Read more

Connecticut Attorney General Richard Blumenthal to State Judicial Department – Freeze ALL Home Foreclosures for 60 Days

Where you at May!!! Connecticut Attorney General’s Office Press Release Attorney General Asks CT Courts To Freeze Home Foreclosures 60 Days Because Of Defective Docs October 1, 2010 Attorney General Richard Blumenthal today asked the state Judicial Department to freeze all home foreclosures for 60 days because of defective document filings and institute measures to … Read more

[VIDEO] Fraud Factories: Rep. Alan Grayson Explains the Foreclosure Fraud Crisis, Shows Examples of Forgeries and Fraud

WOW ~ Fraud Factories: Rep. Alan Grayson Explains the Foreclosure Fraud Crisis ~ “Their is one set of rules for the banks and another set of laws for everyone else” “THE EASIEST WAY TO MAKE A BUCK IS TO STEAL IT” ~ 4closureFraud.org ~ “I haven’t seen any widespread problem” Sasser said Tweet

And Then There Was Five – Connecticut Attorney General Investigating Defective GMAC/Ally Foreclosure Docs, Demands Halt To Its CT Foreclosures

Connecticut Attorney General’s Office Press Release Attorney General Investigating Defective GMAC/Ally Foreclosure Docs, Demands Halt To Its CT Foreclosures September 27, 2010 Attorney Richard Blumenthal announced today his office is investigating defective foreclosure documents filed by GMAC/Ally Finance, Inc. in Connecticut and demanding the company freeze all foreclosures in the state. “I am demanding a … Read more

California Attorney General Brown Sends Cease and Desist Letter to Ally’s Gmac Until It Proves It Is Complying with the Law

Brown Directs Nation’s Fourth Largest Home Lender to Suspend Foreclosures Until It Proves It Is Complying with the Law LOS ANGELES – Attorney General Edmund G. Brown Jr. today directed Ally Financial, Inc., formerly known as GMAC, to prove immediately that it is complying with state law or, if it cannot, to cease and desist … Read more

Kristine Wilson – Robo Signer Part Deux – Ally’s GMAC Unit Withdraws Foreclosure Affidavits Signed by Second Employee

The Washington Post is loving this stuff… We are providing and they are reporting… Funny how we have been screaming this for about a year now and no one would listen until GMAC made their announcement last week. Letters to every regulating agency went ignored, letters to the Florida Supreme Court, the Florida Bar, and … Read more

NY TIMES – GMAC Foreclosures – Suspension Might Last Until The End of the Year

Or indefinitely while the fraudsters are indicted… Sorry, didn’t think this was going to hit until tomorrow… Now remember, just to recap here, the links below cover the issues… LINK – What, WHAT!!! RE: Jeffrey Stephan of GMAC – Florida Default Law Group Admits to Violation of Professional Conduct Code UPDATED: ADDED GMAC’S URGENT LETTER TO … Read more

GMAC’s URGENT Letter to Preferred Agents RE Corrective Action in Connection With Foreclosures

Well well well… Here is the letter… Urgent: GMAC Preferred Agents Privileged & Confidential 9/17/10 Attorney/Client Privilege Dear GMAC Preferred Agents: GMAC Mortgage has determined that it may need to take corrective action in connection with some foreclosures in the following states: Connecticut Florida Hawaii Illinois Indiana Iowa Kansas Kentucky Louisiana Maine Nebraska New Jersey … Read more

I Smell Bullshit – GMAC Mortgage Statement on Speculation Related to Foreclosure Moratorium

Check out the language here. they are trying to back peddle and spin the original story from earlier today… MINNEAPOLIS, Sept. 20 /PRNewswire/ – Recent reports have stated that GMAC Mortgage instituted a moratorium on all residential foreclosures in 23 states.  This is not true.  In fact, all new residential foreclosures are continuing in the … Read more

BREAKING!!! GMAC Freezing Foreclosures in 23 States to Take Corrective Action

UPDATED: ADDED GMAC’S URGENT LETTER RE CORRECTIVE ACTION  BELOW I wonder if this has anything to do with… LINK – Foreclosure Fraud – Titles Used by Jeffrey Stephan of GMAC ~ What, WHAT!!! RE: Jeffrey Stephan of GMAC – Florida Default Law Group Admits to Violation of Professional Conduct Code ~ LINK – Highlights From a Deposition … Read more

KABOOM – PAUL NGUYEN v. CHASE BANK – Deed of Trust Voided, Promissory Note Rescinded, Absolute Victory

You all remember Paul Nguyen in California right??? LINK – California Love – Nguyen et.al. v. Chase Bank USA, NA; Chase Home Finance LLC. et.al. I dont know how many people take it upon themselves to challenge their bank; but I was an experience I will never forget.  I challenged Chase on my mortgage based on … Read more

Borrowers Beware – The Gold-Rush to Bankruptcy

Dear friends and colleagues, After a few weeks of dealing with incompetent bankruptcy counsel and a major victory for us today in a complex case where bankruptcy counsel and sold their client under the bus as well as another case in FLA that irks me, I decided to pen an article about how many bankruptcy … Read more

Mortgage Electronic Registration Systems, Inc.: A Survey of Cases Discussing MERS’ Authority to Act

NORTON BANKRUPTCY LAW ADVISER Monthly Analysis of Important Issues and Recent Developments in Bankruptcy Law Link to entire 25 page PDF file below… INTRODUCTION As the mortgage meltdown has spread and deepened nationwide, courts must grapple with challenges to efforts to recover on defaulted mortgages. The challenges involve a complex mix of legal concepts and … Read more

US Bank v Ibanez, Wells Fargo Bank v Larace – Appellees & Appellants Briefs to SJC

RE: WELLS FARGO BANK, N.A., as trustee for ABFC 2005-OPT1 Trust, ABFC Asset Backed Certificates Series 2005-OPT1, ~ Plaintiff, 08 MISC 386755 (KCL) v. MARK A. LARACE and TAMMY L. LARACE Defendants. RE: U.S. BANK NATIONAL ASSOCIATION, as trustee for the Structured Asset Securities Corporation Mortgage Pass-Though Certificates, Series 2006-Z, Plaintiff, 08 MISC 384283 (KCL) … Read more

UPDATE – Bank of America Utah Foreclosures – Judge Clark Waddoups Rehears Arguments to Remand Cox case to State Court

Or does he RECUSE himself??? KCSG Television Reports… Judge Clark Waddoups Rehears Arguments to Remand Cox case to State Court (Salt Lake City, UT) – Utah District Judge Clark Waddoups reheard arguments in the Peni Cox vs ReconTrust Company matter in which the Plaintiff’s attorneys contend the court erroneously ruled it had jurisdiction and vacated … Read more

Bank of America Utah Foreclosures – Judge Clark Waddoups to Rehear Federal Jurisdiction Dispute TODAY

Remember the Bank of America ReconTrust injunction in Utah? LINK – Bombshell – Judge Orders Injunction Stopping ALL Foreclosure Proceedings by Bank of America; Recontrust; Home Loan Servicing; MERS et al ~ LINK – UPDATE UTAH FORECLOSURES – Federal vs State Rules Governing Bank of Americas Case to be Argued Before Federal Judge Clark Waddoups Thursday ~ … Read more

California Love – Nguyen et.al. v. Chase Bank USA, NA; Chase Home Finance LLC. et.al.

As I just recently posted; Link – California Victory! Court Renders Judgment in Plaintiffs’ Favor Voiding the Deed of Trust Plus Statutory Damages of $16K I dont know how many people take it upon themselves to challenge their bank; but I was an experience I will never forget.  I challenged Chase on my mortgage based on … Read more

California Victory! Court Renders Judgment in Plaintiffs’ Favor Voiding the Deed of Trust Plus Statutory Damages of $16K

This just in… Nguyen et.al. v. Chase Bank USA, NA; Chase Home Finance LLC. et.al. California Central District Court, Case No. 2:09-cv-04589. I dont know how many people take it upon themselves to challenge their bank; but I was an experience I will never forget.  I challenged Chase on my mortgage based on TILA violations. … Read more