Victory in Key West: Judge Dismisses Foreclosure Filed by Florida Default Law Group for Failure to Comply with Discovery and Court Orders

From Jeff Barnes, Esq Today, a Key West, Florida Circuit Court Judge dismissed a foreclosure action filed by Florida Default Law Group (FDLG), which was representing Bank of New York as the alleged “Trustee” of a Bear Stearns securitized mortgage loan trust. The borrower, who was represented by FDN’s Jeff Barnes, Esq., had served discovery … Read more

REVENGE OF THE DEBTORS – WHO CAN LEGALLY ENFORCE A MORTGAGE AFTER A “LANDMARK” CASE

“These cases encourage debtors and other parties to defensively use the mortgage securitization servicing system to prohibit servicers and other non-lending parties from enforcing rights under a mortgage. This trend, if it continues, may have significant impacts for consumer-debtor lawyers, as well as law firms that enforce mortgages and participated in mortgage loan securitization.” “A … Read more

This Judge “Gets It” Indymac Bank F.S.B. v Yano-Horoski

Indymac Bank F.S.B. v Yano-Horoski “Upon the Court’s own motion, it is ORDERED that the Adjustable Rate Note in the amount of $ 292,500.00 dated August 4, 2004 made by Diana J. Yano-Horoski in favor of IndyMac Bank F.S.B. shall be and the same is hereby cancelled, voided, avoided, nullified, set aside and is of … Read more

Defective Paperwork Strips Mortgage Holder of Foreclosure Rights NO. 09-CV-10988-PBS

MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INC. and COUNTRYWIDE HOME LOANS, INC., v WARREN E. AGIN, TRUSTEE, A Massachusetts federal judge has upheld a bankruptcy court ruling allowing a trustee to treat a mortgage as an unsecured claim, which strips the mortgage holder of foreclosure rights, because of defective mortgage paperwork. 4closureFraud http://4closurefraud.org/

EXECUTIVE ORDER 13519 ESTABLISHMENT OF THE FINANCIAL FRAUD ENFORCEMENT TASK FORCE

EXECUTIVE ORDER 13519 – – – – – – – ESTABLISHMENT OF THE FINANCIAL FRAUD ENFORCEMENT TASK FORCE By the authority vested in me as President by the Constitution and the laws of the United States of America, and in order to strengthen the efforts of the Department of Justice, in conjunction with Federal, State, … Read more

MERS, Mortgage Electronic Registration Systems and You

MERS,  Mortgage Electronic Registration Systems and You by Kevin Lamson Basic Corporate Information •MERS is incorporated within the State of Delaware. •MERS was first incorporated in Delaware in 1999. •The total number of shares of common stock authorized by MERSʼ articles of incorporation is 1,000. •The total number of shares of MERS common stock actually … Read more

Mortgage Securitization, Servicing, and Consumer Bankruptcy

“Well, in short, in the words of the Rapper Puff Daddy, “It’s all about the benjamins, Baby.” By O. Max Gardner III Wayne Gretzky once said that his success was due to the fact that he focused on where the puck was going to be, not where it was. For most consumer debtors who have … Read more

Foreclosure Fraud – What You Don’t Know Can Hurt You

“It’s actually been happening for a year or more in large numbers. Why the media hasn’t picked up on this story is a good question to ask… I don’t think anyone realizes how big this area of fraud actually is or could believe that it’s truly happening. The biggest reason is probably because the judicial … Read more