Palm Beach County Foreclosures: The Pursuit of NON-Performing Mortgages in 2009 by Bank of America & Deutsche Bank
By Lynn E. Szymoniak, Esq., Ed., Fraud Digest, August 23, 2010 In 2009, Bank of America filed 3,200 foreclosure actions in Palm Beach County; Deutsche Bank National Trust Company filed 2,375 foreclosure actions. Most of these foreclosure actions were filed on behalf of mortgage-backed trusts. The county records show that at the same time these … Read more
No Federal Preemption by a Trustee of a Mortgage Backed Security Trust from Senior Counsel of the Office of the Comptroller of the Currency
From the letter… Discussion Pursuant to 12 U.S.C. § 371, national banks may “make, arrange, purchase or sell loans or extensions of credit secured by liens on interests in real estate, subject to * * * such restrictions and requirements as the Comptroller of the Currency may prescribe by regulation or order.” The OCC’s real … Read more
Omnibus Hearing held 6/24/2010 in Delaware for New Century Mortgage & Home123
The Floodgates are about to open for homeowners who were victimized by New Century Mortgage or Home123 Corporation… 4closureFraud.org Floodgates Tweet
An Open Letter to Sheila Bair of the Federal Deposit Insurance Corporation FDIC RE Foreclosures
This one comes from J in CO over at The NATIONAL WAMU HOMEOWNERS SUPPORT GROUP AN OPEN LETTER TO SHEILA BAIR Posted by J in CO View J in CO’s blog This is my attempt to ask the Chair of the FDIC why they tout to be attentive to consumer protection and integrity and yet … Read more
What Do You Owe and to Whom Do You Owe It? California Civil Code 2924
By George W. Mantor RISMEDIA, June 8, 2010—“Produce the Note” foreclosure defense strategies have given some people hope, albeit false in many cases, in defending their homes against unlawful foreclosures. Note that in 30 states there is no judicial review of the foreclosure documentation and no opportunity to raise the issue of standing unless the … 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
IRS Form 938 – I Have No Idea If This Is Important But It Sure is Curious
From Matthew Weidner Sometimes this all becomes a bit too overwhelming, trying to unravel this whole foreclosure cataclysm. This is so far beyond the simple situation where a borrower borrows money from a bank and doesn’t pay….that bank is clearly entitled to their money back. I’m a fairly bright guy with a good education and … Read more
Deadbeat or Not? You Decide! Re: Lehman Brothers Holdings, Inc.
From the Hamlet Again, let’s revisit that “deadbeat borrower” stigma again. The pervasive yet hollow-toned propaganda aimed at diverting attention from the real perpetrators of the biggest scam in the history of the world by blaming the family whose scheming ways had them planning and executing the downfall of the global economy (and even worse, … Read more
Understanding the Securitization Process and the Impact on Consumer Bankruptcy Cases
Random Repost Blast from the Past. Going to start off each day with a random repost from the archives… Securitization is a complex series of financial transactions designed to maximize cash flow and reduce risk for debt originators. This is achieved when assets, receivables or financial instruments are acquired, classified into pools, and offered as … Read more
Soldier in Iraq Loses Paid Off Home Over $800 Debt
MotherJones Capt. Michael Clauer’s homeowners’ association foreclosed on his family’s $300,000 house and sold it for $3,500. — By Nick Baumann Michael Clauer is a captain in the Army Reserve who commanded over 100 soldiers in Iraq. But while he was fighting for his country, a different kind of battle was brewing on the home … Read more
BOA, aka Bank of America, Tries to Rape and Pillage a PAID IN FULL Home AGAIN!!!
I have had enough of this shit, haven’t you? Homeowner – “I Honestly Felt Like Bank of America was Trying to Steal my Property” Lets see, how many times have I posted about BOA and other “lenders” “Trashing Out” <– Link, homes this year? Hmmm? Sorry, I ran out of fingers… Here is an extra … Read more
Deutsche Bank Natl. Trust Co. v Stevens – An Assignee of Such a Mortgage Does Not Have Standing to Foreclose Unless the Assignment is Complete at the Time the Action is Commenced
Deutsche Bank Natl. Trust Co. v Stevens 2010 NY Slip Op 50909(U) Decided on May 18, 2010 Supreme Court, Kings County Lewis, J. Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431. This opinion is uncorrected and will not be published in the printed Official Reports. Deutsche Bank Natl. Trust … 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
M E R S – Mortgage Electronic Registration Systems Foreclosure Bankruptcy Decision – This Court is Convinced that MERS had NO Interest it Could Transfer
Fresh from Matt Weidner’s Blog UNITED STATES BANKRUPTCY COURT Eastern District of California Honorable Ronald H. Sargis Bankruptcy Judge Sacramento California May 20, 2010 MERS AND CITIBANK ARE NOT THE REAL PARTIES IN INTEREST Under California law, to perfect the transfer of mortgage paper as collateral the owner should physically deliver the note to … Read more
Ocwen “Erroneous Data Point” Causes Home to be Forcelosed and Family Nearly Evicted on Payed Up Mortgage
HOUSTON (KTRK) — Foreclosures are nothing new these days, as thousands of homeowners fall behind on their payments. However, not all the foreclosures are the fault of the homeowner. In fact, one couple found themselves facing eviction, through no fault of their own, until Action 13 Consumer reporter Jeff Ehling got involved. The family made … Read more
House for Free? Don’t get Caught in that Trap – That is Not Your Goal
Posted on May 19, 2010 by Neil Garfield I’m probably partly to blame for this notion so I want to correct it. The goal is NOT to get your house for free, although that COULD be the result, as we have seen in a few hundred cases. The simple answer is “No Judge I am … Read more
The Real Employers of the Signers of Mortgage Assignments to Trusts
BY Lynn E. Szymoniak, Esq., Editor, Fraud Digest (szymoniak@mac.com), The Real Employers of the Signers of Mortgage Assignments to Trusts Tweet
Another Brooklyn Beatdown – Hon. Arthur M. Schack – Plaintiff U.S. BANK Never had Standing to Prosecute this Action Because of an Ineffective Assignment
Hon. Arthur M. Schack does it again! U.S. Bank, N.A. v Emmanuel 2010 NY Slip Op 50819(U) Decided on May 11, 2010 Supreme Court, Kings County Schack, J. Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431. This opinion is uncorrected and will not be published in the printed Official … Read more
Brooklyn Beatdown – Hon. Arthur M. Schack – Foreclosure Judgement and Sale Vacated, Case Dismissed WITH Prejudice
Hon. Arthur M. Schack does it again! JP Morgan Chase Bank, N.A. v George 2010 NY Slip Op 50786(U) Decided on May 4, 2010 Supreme Court, Kings County Schack, J. Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431. This opinion is uncorrected and will not be published in the … Read more
Open Letter to all Honorable Judges in Foreclosure and Bankruptcy Proceedings
LYNN E. SZYMONIAK, ESQ. The Metropolitan, PH2-05 403 South Sapodilla Avenue West Palm Beach, Florida 33401 April 19, 2010 Dear Honorable Judges in Foreclosure and Bankruptcy Proceedings: This letter concerns how a Jacksonville, Florida publicly-traded company, Lender Processing Services, Inc. solves Deutsche Bank National Trust Company missing documents in foreclosure cases. Deutsche Bank National Trust … Read more
