Foreclosure Daily News Update ⋅ April 27, 2022

NEWS

Where Foreclosures Could Take Years to Process | Realtor Magazine

Realtor Magazine

Homes foreclosed on in the first quarter have been in the foreclosure process an average of 917 days—about 2.5 years, according to ATTOM Data …

Foreclosures surge 181% to highest levels since March 2020 – NewsBreak – NewsBreak

bank repos for sale. Other fees that can be charged, if applicable, include Title/Escrow/Attorney … – clickyourwedding.de

PDF Searching Shodan For Fun And Profit. – promereo-finanzierung.de

Full Coverage

 

 

 

Golden East Crossing to be sold at foreclosure auction | Local News | rockymounttelegram.com

Rocky Mount Telegram

Foreclosure is a process that begins when a borrower fails to make payments. When a property is foreclosed upon, the lender typically repossesses and …

First parcels in most recent mass foreclosure to be sold May 11th | WSON AM & FM – WSON AM & FM

Pag-IBIG Foreclosed ROW HOUSE – Sunny Brooke II – Section-08 Blk-19 Lot-19 – Foreclosure Philippines

Bird Dog Foreclosure Drive Through Free Workshop – Menuear.com – Menuear.com

Full Coverage

 

 

 

Failure to Commence Lien-Foreclosure Action Within One Year of its Filing Did Not Preclude …

JD Supra

Denying defendant insurers’ motion to dismiss, the Court explained: Surety bonds to discharge mechanic’s liens are conditioned for the payment of any …

Section 2A:50-48 – Foreclosure For Either Unpaid Interest Or Installment Of Principal And … – Justia Law

20-49052 John Wert Re-Sale | Notice Of Foreclosure | midfloridanewspapers.com – Mid Florida Newspapers

Full Coverage

 

 

 

22-114692 NOTICE OF MORTGAGE FORECLOSURE – West Central Tribune

West Central Tribune

22-114692 NOTICE OF MORTGAGE FORECLOSURE SALE THE RIGHT TO VERIFICATION OF THE DEBT AND IDENTITY OF THE ORIGINAL CREDITOR WITHIN THE TIME PROVIDED …

NRS 116B.400 – Effect of foreclosure or enforcement of lien or encumbrance. :: 2011 … – Justia US Law

667-77 Notification to mortgagor by department. :: 2015 Hawaii Revised Statutes – Justia US Law – Justia US Law

NOTICE OF MORTGAGE FORECLOSURE SALE THE | Legal Announcements | mesabitribune.com – Mesabi Tribune

Full Coverage

 

 

 

Columbus man sentenced to seven years for real-estate scam documented in Dispatch series

The Columbus Dispatch

The case stemmed from The Dispatch award-winning series, “Foreclosed and … agents approached homeowners during or after the foreclosure of their …

 

 

 

Judge sides with Austin investor Nate Paul to halt UCC foreclosure of office complex – The Real Deal

The Real Deal

Nate Paul has halted a foreclosure sale on an office campus in Austin, but the firm’s mezzanine lender is pushing back.

 

 

 

Further Developments in Mezzanine Foreclosures – National Law Review

National Law Review

The Mortgage Lender moved for summary judgment against the Mortgage Borrower in the underlying foreclosure action. Mezzanine Lender then asserted …

2A:50-45 – Sale on foreclosure for unpaid installment of principal subject to lien of mortgage … – Justia US Law

23CV-13-379 – Docket Report Results – Not an Official Document – Docket Report Results – Not an Official Document

Failure to Commence Lien-Foreclosure Action Within One Year of its Filing Did Not Preclude … – Newstral.com

Full Coverage

 

 

 

Explain the agonizing delay on mortgage help | Editorial – Orlando Sentinel

Orlando Sentinel

And some have already received notices of pending foreclosure. [ Florida’s not seeing an expected spike in foreclosures ]. Among those 23,000 waiting …

 

 

 

NOTICE OF FORECLOSURE BY ADVERTISEMENT | Legals | cadillacnews.com

Cadillac News

NOTICE OF FORECLOSURE BY ADVERTISEMENT Notice is given under section 3212 of the revised judicature act of 1961, 1961 PA 236, MCL 600.3212, …

 

 

 

Small Business Owners Can Find Free Help at the Nevada Small Business Resource Fair

Nevada Business and Industry – State of Nevada

Homeowner Assistance Programs · Mortgage and Foreclosure Fraud … Homeowner Assistance Programs · Mortgage and Foreclosure Fraud …

 

 

 

Norwalk City Council Moves Forward With Vacant Properties Ordinance | Cerritos Community News.

Los Cerritos Community News

The ordinance would also amend standards for foreclosed and abandoned … property that is abandoned and subject to foreclosure proceedings.

 

 

 

BofA Urges Nev. Court To Keep HOA Title Insurance Suit Alive – Law360

Law360

… reject Fidelity National Title Group’s attempt to skirt coverage of the bank’s losses related to foreclosed homes in homeowners associations, …

 

 

 

PUBLIC NOTICE NOTICE OF MORTGAGE FORECLO – Bemidji Pioneer

The Bemidji Pioneer

PUBLIC NOTICE NOTICE OF MORTGAGE FORECLOSURE SALE THE RIGHT TO VERIFICATION OF THE DEBT AND IDENTITY OF THE ORIGINAL CREDITOR WITHIN THE TIME …

 

 

 

Long Island housing help groups to get $3.1M – Newsday

Newsday

“The rise in foreclosures on Long Island and across the state is troubling, but this isn’t just a matter of numbers: Each foreclosure represents a …

CT Foreclosure Assistance & Prevention Resources – Building Neighborhoods Together – Building Neighborhoods Together

Southwestern Pennsylvania Legal Aid(Uniontown Office)| Consumer – Mortgage Foreclosure – PALawHELP.org

FHFA Announces Foreclosure Hold for HAF Applicants – Grants for Homeowners – Grants for Homeowners

Full Coverage

 

 

 

Wisconsin Public Notices – Wausau Daily Herald

Wausau Daily Herald

From foreclosures to bids and proposals, the latest notices straight to your inbox. OFFICIAL NOTICE TO BIDDERS TOWN OF RIB MOUNTAIN KINGBIRD …

 

 

 

Appeal Could Keep Yeshiva Building Out Of Sex-Assault Victim’s Hands – New Haven Independent

New Haven Independent

Has a nonprofit controlled by imprisoned Rabbi Daniel Greer filed its latest foreclosure appeal ​“only for delay”? Or are there substantive matters of …

 

 

 

Habitat for Humanity makes pathway to home ownership attainable – KBTX

KBTX

The educational classes take a deeper look into home ownership counseling, financial literacy and foreclosure prevention.

 

 

 

Free legal help available Friday in D’Iberville – WLOX

WLOX

… the clinic include uncontested divorce, power of attorney, simple wills, foreclosure prevention, and both felony and misdemeanor expungements.

 

 

 

The Jaffe Briefing – April 26, 2022 | Woodbridge/Carteret, NJ News TAPinto

TAPinto

That’s the trend in New Jersey, where foreclosure rates are reaching all … Many of the foreclosed homes were teetering on disaster before the …

 

 

 

Shelby event to help homeowners who need assistance

Shelby Star

… defaults, displacements and foreclosures for homeowners experiencing … dues/fees or delinquent property taxes to prevent foreclosure.

 

 

 

I Resented My Immigrant Parents for Not Teaching Me About Money. Here’s Why I Was Wrong – TIME

TIME

This Freelancer Went From Foreclosure to Financial Freedom With One Tweak in Her Business · NextAdvisor Financial Independence I Resented My …

 

 

 

Clark County Common Pleas Court cases – Springfield News-Sun

Clark County Common Pleas Court cases

… Portfolio REcover Associates, Mariner Finance LLC, Jefferson Capital Systems, foreclosure. All cases are up-to-date. Marriage licenses:.

 

 

 

Here’s what’s coming to Somerville’s Baker & Taylor site – MyCentralJersey.com

MyCentralJersey.com

bought the property for $4 million in October 2016 from Crusader Servicing Corporation which had acquired it in foreclosure proceedings. Email: mdeak@ …

 

 

 

FHA adds 40-year mortgage option for those recovering from COVID-19 forbearance | Fox Business

Fox Business

The FHA’s loan modification efforts are aimed at helping borrowers who struggle to make their mortgage payments avoid foreclosure. The FHA’s goal is …

Can a Lender Foreclose on a Home Equity Loan or HELOC? – The Balance – The Balance

In foreclosure? Request a loan modification – Rasmedesit.com – Rasmedesit.com

Full Coverage

 

 

 

Angry Smokehouse to open in former Lock 24 location in Baldwinsville – Eagle News Online

Eagle News Online

“The building went into foreclosure and when COVID hit the banks put a moratorium on commercial [foreclosures].” Around the New Year, …

 

 

 

Encore: Paris exhibit looks back on Graciela Iturbide’s photographs | WAMU

WAMU

Home Rescue Fair Targets Latinos Facing Foreclosure. 0:44. Tell Me More, Nov 11, 2013. Military Women Combat Challenges in Service. 0:12:06.

 

 

 

Public Thinker: Sophie Gonick on Housing Justice and Mass Movements

Public Books

This, she shows, resulted in mortgage-related foreclosures, … A lot of people who have studied the foreclosure crisis understand that Spain was …

 

 

 

Briar Capital Closes $3.5MM Commercial Real Estate Bridge Loan in Arizona – News | ABL Advisor

ABL Advisor

… sustained fire damage during the vacancy period and was the subject of a foreclosure sale slated to take place in late March 2022.

 

 

 

Former Arizona real estate agent Sarah Kelley faces prison over fraud scheme

The Business Journals

Instead, Kelley used the victim’s money to repay her own debts for several investment properties that were facing foreclosure.

 

 

 

What’s next for the Epicentre? – WBTV

WBTV

This is after the entertainment hub went into foreclosure earlier this year. With an auction date set, some are wondering what will be next for …

 

 

 

IN THE GENERAL COURT OF JUSTICE OF | Public Notices | ashepostandtimes.com

Ashe County’s Newspaper

… OF JUSTICE OF NORTH CAROLINA SUPERIOR COURT DIVISION ASHE COUNTY 19SP15 IN THE MATTER OF THE FORECLOSURE OF A DEED OF TRUST EXECUTED BY WILLIAM K.

22 SP 44 NOTICE OF FORECLOSURE SALE NORTH CAROLINA, WAYNE COUNTY – Goldsboro News-Argus

00060377 : Foreclosure Sales FFX Cty – The Washington Times – The Washington Times

Full Coverage

 

 

 

Epicentre in Charlotte to be auctioned off ‘as is’

FOX 46 Charlotte

A Notice of Foreclosure Sale said the property will be sold “AS IS, … are being foreclosed and they are not subject to the foreclosure sale.

 

 

 

April 26, 2022 – Mecklenburg Times: News for Mecklenburg, Union and Iredell counties

Mecklenburg Times

April 26, 2022 (access required) · Leave a Reply · U.S. Foreclosure activity sets post pandemic highs in first quarter of 2022 · Beauxwright and Ascent …

 

 

 

Steve Roth Again Trying to Sell Madoff’s Former Montauk Home – The Real Deal

The Real Deal

… How Bernie Madoff’s properties have fared since being sold off 10 years ago · Montauk pagoda once asking $55M headed to foreclosure.

Lender Takes Control Of The Collective’s Wynwood Dev Site Through Foreclosure Auction – FIP Commercial Realty

Full Coverage

 

 

 

Third time at finance committee helm, Johnson addresses her ‘bleak’ financial history

Point/Plover Metro Wire

According to Portage Co. court records, Johnson went through a foreclosure in 2004, followed by a series of judgments against her between 2005 and …

 

 

 

SSDI Recipient Narrowly Avoids Losing Family Home After Six-Year Delay … – NewsBreak Original

NewsBreak Original

Soon after, the full amount of money due was received and he just narrowly escaped a full foreclosure on the house.

 

 

 

EXCELL AUTO BOCA RATON: New Suit Alleges Default On Massive Loan – BocaNewsNow.com

BocaNewsNow.com

A foreclosure procedure is underway. … Foreclosure attempt is now in process against Scott Zankl and Kristen Zankl’s Seven Bridges Home.

 

 

 

Sedona AZ As-Is Fast Property Buying – Unwanted/Vacant Land Sale Services Launch

Digital Journal

It is also well suited for owners who need to sell their vacant lots immediately due to divorce, bankruptcy, foreclosure, or relocation.

The Best Way to Find Foreclosures: 5 Tips for Finding Foreclosures – Extanimec.com – Extanimec.com

Full Coverage

 

 

 

Buy the Block: Rochester to turn vacant lots into family homes – YouTube

YouTube

Foreclosure fees has local judge steaming mad. ABC Action News. ABC Action News. •. 3.4M views 11 years ago · Northern California growing into …

 

 

 

Struggling Burlington outlet mall sells to Bellevue group led by Al Monjazeb – The Business Journals

The Business Journals

The LLC held a loan against the property and took it back last summer in lieu of foreclosure, according to public records.

 

 

 

WEB

Communicative Capitalism: Circulation and the Foreclosure of Politics – UC Library Search

UC Library Search

Communicative Capitalism: Circulation and the Foreclosure of Politics Check availability. Send to. Export BibTeX. Export RIS. EndNote. EasyBib.

 

 

 

Section 2A:50-13 – Parties to foreclosure action by trustee or fiduciary :: 2014 New Jersey …

Justia US Law

2014 New Jersey Revised Statutes Title 2A – ADMINISTRATION OF CIVIL AND CRIMINAL JUSTICE Section 2A:50-13 – Parties to foreclosure action by trustee …

 

 

 

Can I Sell My House If It’s In Foreclosure Outlet, 50% OFF – gruposincom.es

gruposincom.es

Shop the finest selection of can i sell my house if it’s in foreclosure, 50% Discount Last 3 Days, fastest car in glamis,cudl baby carrier,when …

 

 

 

Foreclosure Hotline – 211Live.org

Volusia-Flagler 2-1-1

Foreclosure Hotline. Address. 444 Seabreeze Boulevard Suite 150. Daytona Beach, FL 32118. (855) 523-9150. http://www.clsmf.org.

 

 

 

Bill Status for SB3035 – Illinois General Assembly

Illinois General Assembly

Amends the Mortgage Foreclosure Article of the Code of Civil Procedure. Provides that a default for failing to make a scheduled payment each month …

 

 

 

[theqoo/instiz] (Related to BTS Jimin) I’m a current financial foreclosure officer, proof post

allkpop forums

“I’m currently working as a financial foreclosure officer (with proofs)”. When a seizure comes in from the health insurance, a notification is …

 

 

 

The Foreclosure Avalanche Has Started : r/Conservative – Reddit

Reddit

The Foreclosure Avalanche Has Started ; u/AlpacaWarMachine avatar AlpacaWarMachine Evangelical Conservative ; u/drkooplovesme avatar. drkooplovesme ; u/ …

 

 

 

Stock markets tumble amid China foreclosure fears – ExBulletin

ExBulletin

Stock markets across Europe tumbled after sharp declines in Asia on fears China’s COVID-19 restrictions could affect supply chains and the global …

 

 

 

Rajasthan: Massive demonstration of Hindu organizations in Alwar, preparations … – Times Mumbai

Times Mumbai

Rajasthan: Massive demonstration of Hindu organizations in Alwar, preparations to foreclosure of accused’s property in Crowley. Top News Today: The …

 

 

 

Russian Court Orders Foreclosure of $ 7 Million With Google’s Russian Funds, Property: Report

Trend News – Securykid

The measure includes “foreclosure of funds (including cash deposited in bank accounts) and all property and property owned by Google for a total of …

 

 

 

Foreclosures surge 181% to highest levels since March 2020 | Frontier Country – Spot On Oklahoma

Spot On Oklahoma

(TheRealDeal) – Some eight months after a nationwide moratorium on foreclosures expired, foreclosure filings soared to the highest.

 

 

 

Beijing residents line up for tests as capital foreclosure fears grow – Yrt News

Yrt News

China’s capital, Beijing, is imposing mass testing and shutting down access to neighborhoods as it seeks to contain a new outbreak of COVID-19.

 

 

 

Mortgage Fraud Daily News Update ⋅ April 27, 2022

NEWS

Developer Scott Chappelle enters plea agreement for tax evasion – Lansing State Journal

Lansing State Journal

… 2020 indictment in which federal authorities accused him of evading payment of $830,000 in taxes and committing mortgage fraud.

 

 

 

Covid loan fraud: suitcases of cash stopped at border – The Telegraph

The Telegraph

MPs have urged the Government to crack down on £4.9bn of Covid loan fraud amid reports that border police have seized suitcases stuffed with cash.

Fraud in Covid bounceback mortgage scheme not being addressed, say MPs | Crime – News India Reviews

Fraud in Covid bounceback mortgage scheme not being addressed, say MPs – IND Good News – IND Good News

Full Coverage

 

 

 

Title fraud – what you need to know | Canadian Mortgage Professional

Mortgage Professional America

It goes without saying that the risks of financial fraud are particularly acute for those involved in the mortgage and homebuying process – and …

 

 

 

RBNZ Will Design Debt-to-Income Restrictions to Use If Required – Bloomberg.com

Bloomberg.com

New Zealand’s central bank said it will design a framework to impose debt-to-income mortgage lending restrictions, but indicated they may not be …

 

 

 

Why Financial Fraud Is Costing You More Than You Think – Forbes

Forbes

Ultimately, the true costs of fraud are not always in plain sight. … interest revenue and the originating and processing fees tied to that loan.

 

 

 

Paramount principals committed fraud, OSC panelists rule – The Globe and Mail

The Globe and Mail

Paramount promoted itself as a vehicle for investing in second mortgages on residential homes, and it raised about $78-million from 500 investors …

 

 

 

Lawsuit claims Wells Fargo discriminated against Black mortgage applicants – WRDW

WRDW

Lawsuit claims Wells Fargo discriminated against Black mortgage applicants … Augusta father, daughter await sentencing for tax filing fraud.

7 Reasons to Hire a Mortgage Fraud Defense Lawyer – Krafitis – Krafitis

Full Coverage

 

 

 

US Charges Archegos Owner Hwang, Former CFO Halligan With Fraud | Investing News

US News Money

… office’s former chief financial officer, Patrick Halligan, with racketeering and fraud, according to an indictment released on Wednesday.

 

 

 

Local Real Estate Developer Pleads Guilty To Tax Evasion | USAO-WDMI | Department of Justice

Department of Justice

Chappelle further admitted to making false statements on a loan application when he refinanced the mortgage on his Lake Michigan vacation house in …

 

 

 

Wednesday newspaper round-up: Covid loan fraud, Brexit costs, tax rises, Tesla, TalkTV

IFA Magazine

Suitcases filled with cash from taxpayer-backed Covid loans were seized at the border as people tried to smuggle them out of the country, a Times.

Wednesday newspaper round-up: Covid mortgage fraud, Brexit prices, tax hikes, Tesla, TalkTV – Ireland Business News

Full Coverage

 

 

 

Celebration Church hit ‘brink of insolvency,’ says report claiming fraud by founder Weems

Florida Times-Union

“The fraudulent manipulation of … financial statements and unauthorized debt forgiveness in connection with a loan application violates Florida and …

 

 

 

Better Choice initiates digital verification, mortgage signing enterprise

Mortgage Business

… they are usually done at separate points in time, which presents significant opportunity for mortgage fraud,” Mr Savins said.

Advice needed on how to respond to client | AccountingWEB – AccountingWEB

Full Coverage

 

 

 

Digital upgrade for Better Choice Home Loans – Australian Broker

Australian Broker

The technology combines purpose-built mortgage digital signing … which presents significant opportunity for mortgage fraud,” Savins said.

 

 

 

HECM vs. Single-Purpose Reverse Mortgage – Investopedia

Investopedia

Reverse mortgage scams happen. If you suspect a scam—or that someone involved in the transaction may be breaking the law—tell your lender or loan …

 

 

 

Ga. Judges Allow Foreclosure Claims Against Law Firm, Bank – Law360

Law360

Wrongful foreclosure claims against McCalla Raymer Leibert Pierce LLC and US Bank NA were wrongly dismissed despite a poorly written complaint, …

 

 

 

Identity Check Contractor ID.me Fires Dozens on Fraud Team as Congress Probes – US News Money

US News Money

Five fired employees told Reuters that the fraud team had shared jokes, sought advice and discussed frustrations on an internal messaging group chat.

 

 

 

Central Bank chief hails mortgage lending rules as regulator continues review – Irish Examiner

Irish Examiner

Sharon Donnery, the Central Bank’s deputy governor, said the mortgage rules, which restrict the amounts that home borrowers can borrow and the …

ABG Shipyard financial institution mortgage fraud case | ED carries out raids at 26 premises – Real Media Point

Full Coverage

 

 

 

Click Fraud Prevention Firm Urges Caution When Placing Adverts Online – Benzinga

Benzinga

BERLIN, April 26, 2022 (GLOBE NEWSWIRE) — Cyber-security firm Polygraph is offering further guidance to protect advertisers against click fraud, …

 

 

 

Small Business Owners Can Find Free Help at the Nevada Small Business Resource Fair

Nevada Business and Industry – State of Nevada

Homeowner Assistance Programs · Mortgage and Foreclosure Fraud … Homeowner Assistance Programs · Mortgage and Foreclosure Fraud …

 

 

 

Court Appoints Francis M. “Trey” Hamilton III US Attorney For The Eastern District Of Tennessee

Chattanoogan.com

The appointment took effect on Monday and Chief Judge Travis R. McDonough administered the oath of office for Mr. Hamilton’s appointment prior to its …

 

 

 

Pharmacist gets 10 years for $180M health care fraud scheme – Times Union

Times Union

He was involved in more than $180 million in fraudulent billings, … Prosecutors said in 2018 that pharmacy fraud in Mississippi totaled more …

 

 

 

Pharmacist gets 10 years for $180M health care fraud scheme – Seattle PI

Seattle PI

Home and mortgage prices in Seattle are up, but so is inventory … Prosecutors said in 2018 that pharmacy fraud in Mississippi totaled more than …

 

 

 

Florida Gov. DeSantis Signs Bill To Form Election Police Force – Forbes

Forbes

Ron DeSantis (R) signed a bill Monday that will create a state police force to investigate voter fraud and other election crimes, as Republicans …

 

 

 

Starling doubles valuation and builds ‘war chest for acquisitions’ | Financial Times

Financial Times

… deal to buy Fleet Mortgages, a Hampshire-based buy-to-let mortgage group. … Lord Agnew who was minister responsible for counter fraud in the …

If Mayor Donald Shaw lives in Roselle, he may be guilty of mortgage fraud – NJTODAY.NET – NJTODAY.NET

Full Coverage

 

 

 

Coastal Financial Corporation Announces First Quarter 2022 Results – GlobeNewswire

GlobeNewswire

Total revenue excluding BaaS credit enhancements, BaaS fraud recovery and … Net deferred fees on PPP loans are earned over the life of the loan, …

 

 

 

Parsippany Lab Owners Among Six Indicted For COVID Fraud

Parsippany Focus

“The Department of Justice’s Health Care Fraud Unit and our partners are dedicated to rooting out schemes that have exploited the pandemic,” Assistant …

 

 

 

How to Help Clients Deal with Inflation | Wealth Management

Wealth Management

However, since most people purchase real estate using a mortgage, the associated leverage helps magnify these gains.

ABG Shipyard financial institution mortgage fraud case | ED carries out raids at 26 premises – Techy News Now

Full Coverage

 

 

 

At Heated Meeting, Mortgage Provider Offers Vision For Baltimore’s $1 Houses, Which … – YouTube

YouTube

At Heated Meeting, Mortgage Provider Offers Vision For Baltimore’s $1 … Fraud Fighters: Hackers expose illegal call centres and phone scams …

 

 

 

Conservatives demand to know if prime minister used ‘loophole’ to avoid fraud charges

Timmins Today

Internal RCMP documents show the force considered opening a fraud … You won’t believe the savings gap on a variable-rate mortgage in Timmins.

 

 

 

Harris positive for COVID-19; Biden not ‘close contact’ | National News | buffalonews.com

Buffalo News

California Attorney General Kamala Harris, center, and Michael Troncoso, Senior Counsel to the Attorney General, left, listen as mortgage fraud …

 

 

 

LI Doctor Indicted In COVID-19 Healthcare Fraud Scheme: DOJ (ICYMI) | Great Neck, NY Patch

Patch

LI Doctor Indicted In COVID-19 Healthcare Fraud Scheme: DOJ (ICYMI) – Great Neck, NY – A Long Island cardiologist is accused of defrauding …

 

 

 

Blog: Technology puts green finance at customers’ fingertips

Mortgage Finance Gazette

… thereby increasing affordability and potentially greater uptake in green mortgages. Furthermore, as the need to quantify carbon emissions and …

 

 

 

85% of Young Americans Favor Some Form of Government Action on Student Loan Debt

GOBankingRates

CNBC reports that outstanding student loan debt in the U.S. exceeds $1.7 … Loan Forgiveness Scams on the Rise — Avoid Being a Victim of Fraud …

 

 

 

UWM strikes back at mortgage brokers who disregarded ‘All-In’ agreement | Crain’s Detroit Business

Crain’s Detroit Business

The countersuit by AML also alleges that United Wholesale engaged in fraud and misrepresentation. Morganroth has a long history of representing Rocket …

 

 

 

Florida Gov. DeSantis signs bill creating election fraud police, and restricting vote-by-mail access

Creative Loafing Tampa Bay

The measure (SB 524) expands on a 2021 state law that passed as Republicans across the country argued steps needed to be taken to combat fraud …

 

 

 

U.S. Bank Visa Platinum Benefits Guide | Bankrate

Bankrate

Visa fraud protection. Another benefit you’ll receive through this card is fraud protection. Visa will monitor your account in real time and send you …

 

 

 

Cybersecurity Forum | Radnor, PA Patch

Patch

Sunday May 1, 2022: Did you see the recent article “Fighting Fraud 2022; The Bad Guys, Who They Are and How to Stop Them”? Here is your…

 

 

 

360 Dotnet hits new record after exceeding £10bn in total lending – Mortgage Finance Gazette

Mortgage Finance Gazette

Sales hit over 45,000 mortgages written in Q1 2022, 20% more compared to the … support we receive from the mortgage intermediary marketplace.”.

 

 

 

Conservatives demand to know if prime minister used ‘loophole’ to avoid fraud charges

Collingwood Today

Internal RCMP documents show the force considered opening a fraud investigation after … Worried about rising mortgage rates in Collingwood?

 

 

 

FIXX FRAUD: Hagens Berman, National Trial Attorneys, Encourages Homology Medicines …

Benzinga

Compare Online Brokers. Stock Brokers ; Insurance. Auto ; Top Stocks. Penny Stocks ; Alternative Investing. Invest in Art ; Mortgages. Refinance.

 

 

 

Polygraph: Click Fraud Prevention Firm Urges Caution When Placing Adverts Online – InvestEgate

InvestEgate

While some advertising networks, such as those run by search engines, make some effort to detect fraudulent clicks, a lot of click fraud goes …

 

 

 

Minneapolis Man Convicted In Voting Fraud Case – Patch

Patch

The 25-year-old was sentenced to 90 days in the Hennepin County workhouse after pleading guilty to four of the 13 total counts against him.

 

 

 

‘Nuptial Knots’: A Discourse On Employment Vicarious Liability Scenarios – Nigeria – Mondaq

Mondaq

Historically, under English law, an employee’s fraud or theft could not … trusted) clerk’s mortgage fraud scheme as well as for breach of trust.

 

 

 

Conservatives demand to know if prime minister used ‘loophole’ to avoid fraud charges

Elliot Lake News

Internal RCMP documents show the force considered opening a fraud investigation after … Worried about rising mortgage rates in Elliot Lake?

 

 

 

Conservatives demand to know if prime minister used ‘loophole’ to avoid fraud charges

Newmarket Today

Internal RCMP documents show the force considered opening a fraud investigation after … Worried about rising mortgage rates in Newmarket?

 

 

 

Conservatives demand to know if prime minister used ‘loophole’ to avoid fraud charges – Orillia News

Orillia Matters

Internal RCMP documents show the force considered opening a fraud investigation after details … Worried about rising mortgage rates in Orillia?

 

 

 

Conservatives demand to know if prime minister used ‘loophole’ to avoid fraud charges

Guelph Today

Internal RCMP documents show the force considered opening a fraud investigation after details … Worried about rising mortgage rates in Guelph?

 

 

 

Central banks risk crashing us into recession – The Telegraph

The Telegraph

This pushed the mortgage giants Fannie Mae and Freddie Mac over the … Government urged to address £4.9bn of Covid loan fraud as bags of cash …

 

 

 

Conservatives demand to know if prime minister used ‘loophole’ to avoid fraud charges – Barrie News

Barrie Today

Internal RCMP documents show the force considered opening a fraud investigation after details … Worried about rising mortgage rates in Barrie?

 

 

 

Conservatives demand to know if prime minister used ‘loophole’ to avoid fraud charges

BayToday.ca

Internal RCMP documents show the force considered opening a fraud investigation after … Worried about rising mortgage rates in North Bay?

 

 

 

WEB

New York Residential Mortgage Fraud ( 187) Law (2021)

Justia US Law

2021 New York Laws PEN – Penal Part 3 – Specific Offenses Title K – Offenses Involving Fraud Article 187 – Residential Mortgage Fraud.

 

 

 

ED raids a number of places in ABG Shipyard financial institution mortgage fraud case

Newsislands.com

… laundering probe in opposition to ABG Shipyard Ltd in an alleged Rs 22,842 crore financial institution mortgage fraud case, officers stated.

 

 

 

ED raids a number of places in ABG Shipyard mortgage fraud case : The Tribune India

Digital Latest News

ED raids multiple locations in ABG Shipyard loan fraud case … in a case regarding Rs 22,842 crore financial institution mortgage frauds.

 

 

 

Tag: 842 crore bank loan fraud case – The Prime Hour

The Prime Hour

Tag: 842 crore bank loan fraud case. ED raids a couple of places in Rs 22,842 crore ABG Shipyard financial institution mortgage fraud case.

 

 

 

FRAUD STOPPERS Daily News Update ⋅ April 27, 2022

NEWS

CRIME STOPPERS: Have you seen this accused Greene County thief? – KY3

KY3

Springfield police are looking for a man charged with stealing and fraud in Greene County. 35-year-old Ryan Joseph Musica is also charged with …

 

 

 

Woman, Man Stabbed in NYC Laundromat Robbery Chaos Captured on Camera – NBC New York

NBC New York

Expand. CRIME STOPPERS … Anyone with information is asked to call Crime Stoppers at … Promoted By New York Alliance Against Insurance Fraud …

 

 

 

Lower Paxton Police looking for suspects who robbed beauty store – ABC27

ABC27

(Image Courtesy: Pennsylvania Crime Stoppers) Read Less. by: Ben Schad. Posted: Apr 27, 2022 / 10:44 AM EDT. Updated: Apr 27, 2022 / 10:44 AM EDT.

 

 

 

Investor Bill Hwang, once worth billions, indicted on fraud – FOX23 News

FOX23

They face racketeering conspiracy and fraud charges. Hwang carried out the fraud from March 2020 to March 2021 by originally investing his personal …

 

 

 

Maud couple sentenced to federal prison for fraud of over $4M | State | brenhambanner.com

Brenham Banner-Press

Maud couple sentenced to federal prison for fraud of over $4M … Chairman of Brenham Washington County Crime Stoppers held overnight in contempt …

 

 

 

Investment firm head arrested on charges of multibillion-dollar fraud and racketeering – KTVZ

KTVZ

By Matt Egan and Kara Scannell. Federal agents arrested Archegos Capital Management founder Sung Kook “Bill” Hwang on Wednesday morning on fraud …

 

 

 

Fighting crime or political battles? Crime Stoppers of Houston is drawing scrutiny with partisan voice

Chron

Judges and criminal justice reform advocates say Crime Stoppers of Houston has … Houston conservative activist indicted in election fraud scheme.

 

 

 

Conservatives demand to know if prime minister used ‘loophole’ to avoid fraud charges

CKPGToday.ca

OTTAWA – Prime Minister Justin Trudeau is still being dogged by questions about family vacations six years ago…

 

 

 

Scarborough woman charged with bank fraud in Uxbridge | inDurham – insauga

insauga

Tisi of the Financial Crimes Unit at 888-579-1520, ext. 5279. Anonymous information can be sent to Durham Regional Crime Stoppers at 1-800-222-TIPS ( …

 

 

 

Fraud risk management at BC’s $16-billion Site C dam project can improved: auditor

CKPGToday.ca

VICTORIA — British Columbia’s auditor general says Crown-owned BC Hydro can improve its management of potential fraud risks at the $16 billion …

 

 

 

UK fraud investigators step up inquiry into Liberty Steel | News 4 Buffalo – WIVB

WIVB

LONDON (AP) — British fraud investigators have raided the U.K. offices of the GFG Alliance, owners of the country’s third-largest steelmaker, …

 

 

 

Investigations underway after serious crash at Liverpool, NSW | The National Tribune

The National Tribune Australia

… Four ways to protect yourself against financial fraud … urged to contact Crime Stoppers: 1800 333 000 or https://nsw.crimestoppers.com.au.

 

 

 

Reward offered, donations continue, prayer vigil planned for Brittany Booker | Racine County Eye

Racine County Eye

The Racine Police Department and the U.S. Marshals office have asked for the public’s help finding him. To that end, Crime Stoppers of Racine County …

 

 

 

Brooklyn gang members cuffed for multiple shootings and fraud charges | amNewYork

amNewYork

Six members of a Brooklyn-based gang were arrested on a slew of charges related to multiple shootings and racketeering, prosecutors announced …

 

 

 

WEB

Fraud Alert! – Lincoln, Ne Police Dept

Lincoln Crime Stoppers

Reporting to the Lincoln/Lancaster County Crime Stoppers is the only way to remain anonymous and/or be eligible for up to $1,000 in rewards. To make …

 

 

 

 

Who Has The Burden of Proof in a Foreclosure Case?

Who Has Legal Standing to Foreclose?

Who has legal standing to foreclose? Only the mortgagee has standing to foreclose. Look, if you are planning to sue someone and you accuse them of some wrong doing, you better have proof.  The person doing the accusing (the Plaintiff) has the burden of proof. Before you can go to court, you must have some sort of grievance that you are seeking relief on; in other words you must have legal standing.  For example, if you had a contract and the other person broke that contract causing you to suffer as a result of that breach.  This is called a Cause of Action.  In other words, “why are you suing this guy?  What wrong did he do to you?” You must have a valid reason to bring your suit.

There are a number of different causes of action you can accuse the other party of.  For example, breach of contract, fraud, tortious interference, etc. Another very special type of cause of action is called a Quiet Title Action.  These types of “Actions” (an “Action” is just legal jargon for a civil action…or a civil suit) are done when there is a cloud of title issue that needs to be resolved.  As a title owner, you have an obligation to defend your title against encroachments.  For example, if I started to build a fence three feet into your land and you say nothing… then five years later, I sell my land, and change the legal description to include that extra three feet…and you say nothing, then that extra three feet is mine.

Let’s discuss the Deed of Trust and Mortgage to see how this all fits in.

The Deed of Trust or Mortgage:

The Deed of Trust is a special Trust that is created specifically so that you (the landlord) temporarily grant your title in trust to the new Trust to secure against the promissory note.  When you create a Trust, you appoint a Trustee.  You also give that Trustee the power to sell your property in the event of a default of the promissory note.  This is the vehicle and mechanism your “lender” uses to foreclose and sell your house.  The same goes with a Mortgage in a Judicial State, except there is no need for a Trustee.

In the event that there is a problem with the promissory note or deed of trust, then there is an issue called “cloud of title”.  When a title is clouded, you will have a problem selling your house.  Let me give you an example.

Let’s say the County places an imminent domain claim on a strip of land on your property to lay down some pipes.  They then record this on your county records.  But because of budget cuts, they decided not to lay the pipes, but forgot to give you your land back.  2 years later, you are trying to sell your house.  It will be stopped because you are selling part of a land you don’t own (i.e. the strip for the un-laid pipes).  In order to un-cloud the title, you will need to seek a Quiet Title Action.

As we discussed, your promissory note has been permanently converted into a stock.  It has also been fully discharged.  The language on your Deed of Trust says “This Deed of Trust secures a promissory note”, and if the promissory note is destroyed through permanent conversion, then the Deed of Trust secures nothing.  This is just like the situation with the strip of land with the un-laid pipes.  It’s lost property.  It’s unclaimed land.  As the Title owner, you have an obligation to defend your land and title.

This is why we need to do a Quiet Title Action to reclaim our land to resolve the controversy.  In a Quiet Title Action, you basically issue a challenge to all parties wishing to lay a claim on our property to come forth and provide the proof of their claim(s).

However, remember the rule of court is the Plaintiff has the burden of proof.  In the following parts, we will go into uncovering proof. If you haven’t done so, we recommend that you purchase a chain of title & securitization analysis because once you have real evidence that your mortgage contains fraud, legal violations, and or has been securitized you will have a much better chance at beating your foreclosure and saving your house.

 

Federal Rules of Evidence:

You can sue your lender in federal court and/or state court (this is called circuit court).  Typically, the State Rules of Civil Procedure and State Rules of Evidence will govern state courts.  However, since we don’t know which State you are in, and for the most part, these rules are pretty similar, we’re going to talk about the Federal Rules of Evidence governing the admissibility of photocopies. Specifically, we want to talk about Rule 1002 and Rule 1003.  Please click on these and read up on them. These should be similar with your State Rules of Evidence.  You should consult your own State’s Rules of Evidence to confirm.

Basically, what will happen is your “lender” will bring to court photocopies of the Deed of Trust and Promissory Note to claim their rights as proof of claim in your Quiet Title Action.

These are admissible, unless you learn to object!

The rules of evidence are simple.  A photocopy is admissible unless it is unfair to admit the photocopy in lieu of the original.  What you need to know is, under Uniform Commercial Code, your promissory note is a one of a kind negotiable instrument, just like a check. You cannot go down to a bank and cash a photocopy of a check.  It has to be the real thing.  Your promissory note contains the only legally binding chain of title.  A photocopy made years ago does not contain the chain of title.

Basically, the argument is “sure, I signed a loan with you then, but we know you sold it.  Can you prove that you still own it?”

Opposing Counsel will say, “But Your Honor, the plaintiff has the burden of proof.  They are alleging that we sold the note.  Where’s the proof?”

And that’s where most Pro Se Litigants get stuck!

If you do not have the proof (evidence) when you file your civil action, your case will be tossed out, and classified as “failure to state a claim”.

What typically happens when you file an action is opposing counsel (the dirty rotten lawyer working for the bank) will file a Motion to Dismiss. They ALWAYS DO IT; so expect it. In order to survive the Motion to Dismiss, you must have sufficient proof.

If you haven’t already purchased your copy of Jurisdictionary, do it now because you have no chance of winning your case if you don’t know the rules of the game. This is a mandatory resource if you’re serious about defeating your foreclosure and saving your house.  I cannot stress how much you need this product!

Evidence of Movement:

The first and simplest evidence we can bring to court is called Evidence of Movement. In an Evidence of Movement situation, you closed with Bank A (let’s say Stearns Lending), who sells it to Countrywide (Bank B), who then got acquired by Bank of America (Bank C) ….who then securitizes the note into New York Mellons Bank Trust Series 12345.

So, the Deed of Trust names Bank A as the Beneficiary.  But Bank C wants to foreclose.  Bank C comes to the court with a Deed of Trust pointing at Bank A (Stearns Lending).  Where is the Chain of Title on the Promissory Note that gives Bank C (BofA) the Right to enforce the note?

If you have a situation like this, you might not need to get a securitization audit, although getting one may make your case stronger and more likely to succeed.

Often times, Bank C would come to the Court claiming “Your Honor, we have reacquired the note and now have the right to foreclose.”  If you encounter this situation, you must learn to object.

1)   Show me the perfected chain of title.  If you have sold it, then you lost your right to enforce.U.S. Code Title 12: Banks and Banking PART 226—TRUTH IN LENDING (REGULATION Z), a servicer does not have the rights of a lender if it has acquired the note for the purposes of administration.

2)   Please stipulate for the record whether the note is part of a pooling and servicing agreement.  Please stipulate whether the note has been securitized. Please stipulate who “New Your Big Bad Bankers Trust Series 12323 (of course yours will be different)” is, are they a REMIC?

3)   If the loan has been securitized, did you reacquire the note as an unsecured debt in the secondary securities market?  Are you acting in the capacity of a debt collector as governed under 15 U.S.C. §1692?

Remember, this is fraud at its greatest.  Only the top echelon bankers know this scam.  Even their Counsel does not know the scam that is being perpetrated here.  He is just taking his client’s word at face value.  He is hearing “we bought the note back” and accepts that the bank now has the right to foreclose.  They don’t.  Most homeowners who are confronted with this situation don’t know the scam either and run out of juice.

Do you see how we structure our arguments here?  It was never “Show me the note”.  We are attacking them on the “show me standing” and “show me that you are the real and beneficial party of interest who has the right to enforce the note”.

 

What is MERS?

MERS is Mortgage Electronic Registration Systems it was created by banks in order to “streamline” the warehousing of loans and mortgage documents. Basically MERS is a front organization that was created to defraud homeowners and government agencies. It pretends to hold your note, but in fact holds nothing. Banks set up MERS in the 1990s to help speed the process of packaging loans into mortgage-backed bonds by easing the process of transferring mortgages from one party to another. But ever since the housing crash, MERS has been besieged by litigation from state attorneys general, local government officials and homeowners who have challenged the company’s authority to pursue foreclosure actions. Recently there have been many court decisions delivering death blows to MERS and their 70,000,000+ mortgages they claim to hold.

For example in MERS Is Dead: Can Be Sued For Fraud: WA Supreme Court we learn that the Washington State Supreme Court dealt a death blow to MERS: “The highest court in the state of Washington recently ruled that a company that has foreclosed on millions of mortgages nationwide can be sued for fraud, a decision that could cause a new round of trouble for the nation’s banks.

The ruling is one of the first to allow consumers to seek damages from Mortgage Electronic Registration Systems, a company set up by the nation’s major banks, if they can prove they were harmed.

Legal experts said last month’s decision from the Washington Supreme Court could become a precedent for courts in other states. The case also endorsed the view of other state courts that MERS does not have the legal authority to foreclose on a home.

“This is a body blow,” said consumer law attorney Ira Rheingold. “Ultimately the MERS business model cannot work and should not work and needs to be changed.”

A spokeswoman for MERS said the company is confident its role in the financial system will withstand legal challenges. The Washington Supreme Court held that MERS’ business practices had the “capacity to deceive” a substantial portion of the public because MERS claimed it was the beneficiary of the mortgage when it was not.

This finding means that in actions where a bank used MERS to foreclose, the consumer can sue it for fraud. If the foreclosure can be challenged, MERS’ involvement would make repossession more complicated.

On top of that, virtually any foreclosed homeowner in the state in the past 15 years who feels they have been harmed in some way could file a consumer fraud suit.

“This may be the beginning of a trend,” says Elizabeth Renuart, a professor at Albany Law School focusing on consumer credit law. The company’s history dates back to the 1990s, when banks began aggressively bundling home loans into mortgage-backed securities. The banks formed MERS to speed up the handling of all the paperwork associated with recording the filing of a deed and the subsequent inclusion of a mortgage in an entity that issues a mortgage-backed security. MERS allowed the banks to save time and money because it permitted lenders to bypass the process of filing paperwork with the local recorder of deeds every time a mortgage was sold.

Instead, banks put MERS’ name on the deed. And when they bought and sold mortgages, they just recorded the transfer of ownership of the note in the MERS system.

The MERS’ database was supposed to keep track of where those loans went. The company’s motto: “Process loans, not paperwork.”

But the foreclosure crisis revealed major flaws with the MERS database.

The plaintiffs in the Washington case, homeowners Kristin Bain and Kevin Selkowitz, argued that the problems with the MERS database made it difficult, if not impossible; to determine who really owned their loan. It’s an argument that has been raised in numerous other lawsuits challenging the ability of MERS to foreclose on a home.

“It’s going to be very easy for consumers to say they were harmed because it’s inherently misleading,” says Geoff Walsh, an attorney with the National Consumer Law Center. If consumers can’t identify who owns their loan, then they don’t know whom to negotiate with, and can’t even be certain of the legitimacy of the foreclosure.

In a statement, MERS spokeswoman Janis Smith noted that banks stopped using MERS’ name to foreclose last year. She added that the opinion will “create confusion” for homeowners in the state of Washington while the trial courts consider its effect on pending cases.

Meanwhile, MERS is attempting to remake itself. The company has a new chief executive and a new branding campaign. In Washington D.C. federal lawmakers have recognized the need to create a national mortgage-recording database that would track all U.S. mortgages. MERS is lobbying to build it.

The case is Bain (Kristin), et al. v. Mortg. Elec. Registration Sys. et al., Washington Supreme Court, No. 86206-1.” (Reuters).

This information about MERS is very important for you to understand, if you are going to successfully defend your points in court. For a list of some FACTS about MERS check out https://www.fraudstoppers.org/a-few-facts-about-mers and also pay attention to: MERS-and-Citibank-are-not-real-parties-CA.pdf

IF you would like to see if your loan is serviced by MERS, click here: https://www.mers-servicerid.org/sis/.

Or you can also purchase a professional Securitization Audit, a Robo-Signing Check, or a Forensic Audit from Fraud Stoppers.

 

Who is the Investor?

There is a good chance Fannie Mae or Freddie Mac owns your loan.  If you can find your properties here, then you can present this as evidence that your servicer (so called “lender”) is not a real party of interest.  This is critical evidence to bring forth in your civil action.  You must include this as a claim in your suit.

To find out whether Fannie Mae owns your note, please come here.

Freddie Mac’s database is here.

IMPORTANT: DO THIS NOW.  Research whether these guys own your note.  If so, then you have a vital piece of evidence to present to the court.

Carpenter v.  Longan 83 US 271

Why is this so important?  This is a US Supreme Court ruling that says the Deed of Trust is the peripheral, and the Promissory Note is the “Thing”.  Imagine if you will, that the Deed of Trust is the tail, and the Promissory note is the dog.  He who owns the dog controls the tail.  He who controls the tail does not wag the dog.

Your lender will want to come in to lay claim on your title only showing ownership to the Deed of Trust without disclosing who the real and beneficial owner of the promissory note.  This is admissible unless you know to object.  If you quote this law when there is evidence of movement, then this will stop them in their tracks. Basically, it’s the same thing.  ”Show me you have subject matter jurisdiction over this controversy”, “show your proof of claim and title”.  He, who controls and owns the promissory note, controls the Deed of Trust.

 

Getting County Records:

Look, State Civil Code requires that every party of interest in your property must record their interest at County Records.  So, any loan assignments must be recorded.  Any notices must be recorded. To gather your evidence, you should head down to your local county recorder’s office and request for a complete printout of all recorded documents for your property from the date of subject loan.  Go down and talk to your county recorder.  They will usually be able to help you get the “title search dump”.  You don’t need certified copies.  Just the copies are fine, but it is a good idea to get all these documents handy so you can see what’s been recorded against your property.

What you are trying to find is instances where there is evidence of movement…i.e. the loan has been sold or securitized, but there was no corresponding evidence recorded at the County. So the next step is to go to the County Recorder’s Office for the DEED RECORDS and get a copy of every page of each document that is in the deed records of your home, since you got your last loan.

Print the Search Results, with your name as GRANTOR and GRANTEE, and your wife’s name as GRANTOR and GRANTEE, then search the property address, and print the search results.

Take your camera and take a picture of every page starting with the index or the cover page of your deed record file and save each picture by:

Yr-mo-day, YOUR LAST NAME, Name of Doc, Page of Doc:

[Example: 2013-07-04, Last Name, Original Deed of Trust received from ABC Brokers for Countrywide, 17 Pages]

You should end up with copies of your Original Warranty Deed, Deed of Trust (or Mortgage, as it is called in some states).

While looking at the Deed of Trust or Mortgage, click on the button or link for “RELATED DOCUMENTS” and print the search results, then get a copy of any “Assignments of Deed of Trust or Mortgage” and any “Releases of Liens”,” Appointments of Substitute Trustees”, “Trustee Deeds”, and Law Firm Letters, like Default or Acceleration Letters from Attorneys who are hired to collect the debts from you. Get a copy of everything in the file to the present date.

 

Calling a Title Company:

If you don’t want to do it yourself, then you can call a local Title company for a complete title research. A complete title research includes a report of all activities on your title from the date of sale.  They will also print copies of these documents for you.

 

Writing a Foreclosure Timeline:

A timeline is a chronological structure and is frequently the way cases are presented to juries and judges of fact. Visual representations are important and they make it easy to share the details of you case with others. It sometimes becomes the underlying foundation for the flow of all information related to a case. Therefore, it is important that care be given in the creation of visual timelines. Here is a Sample Timeline.

 

The Chain of Title & Securitization Analysis:

For those of you who do not have clear evidence of movement, for example, you closed with Countrywide and the loan got acquired by Bank of America.  Or your loan went through Chase and is now Chase is just a servicer, or GMAC (and GMAC is now servicing), then getting a Securitization Audit might be a way to go. Remember, as the Plaintiff, you have the burden of proof.

It will be like having a photo of a bank robber with a gun aimed at a teller.  It’s them caught with their hands in the cookie jar…and it puts opposing counsel in a position of having to explain to the judge why he should not be sanctioned for bringing fraud before the court. Fraud Stoppers Foreclosure Defense System includes one of the most powerful Chain of Title & Securitization Analysis available today. Banks hate it because it’s preformed by licensed professionals and includes the admissible evidence that you need to save your house from foreclosure. Banks HATE these because it exposes their fraud.

In today’s world of securitized residential mortgages, a Secured Mortgage Loan consists of two parts: (A) the financial obligation (created by the Tangible Promissory Note) which operates in accordance with Federal and State Law, and (B) an enforceable contractual lien instrument (i.e. Tangible Security Instrument, Mortgage, Deed of Trust) intended to provide an alternate method of collection of payment to the Holder of the financial instrument in accordance with State Law. In reviewing the transfer and ownership history of a Secured Mortgage Loan, one must evaluate the negotiation of the financial instrument and consider the laws applicable to the Security Instrument upon said negotiation of the financial instrument.

Our Competent Evidence Package looks at the true sequential ownership of a Securitized Mortgage Loan Security Instrument as evidenced by the documents related to the client’s property filed with the County Recorder’s Office, and compares it to the claims of ownership made by the party attempting to foreclose. The Competent Evidence Package shows what steps SHOULD have been taken in the securitization process in order to become a proper party to enforce the mortgage contract, according to both statutory and case l aw. More importantly, the Competent Evidence Package shows what steps were ACTUALLY taken in the securitization process, and what steps were NOT taken, and the results of these actions/inactions on the Chain of Title as shown by the County Records.

Many times clients and their attorneys lack competent evidence. The term “competent evidence” is used to refer to evidence that is directly relevant and of such nature that it can be admitted into evidence in a court of law. For a client considering going into litigation, a prior assessment of the potential violations surrounding the Chain of Tit le of a Securitized Mortgage Loan is a much-needed tool for determining whether there is a valid basis for proceeding with a legal action.

The goal is to arm one’s self with indisputable evidence so they may clearly and accurately demonstrate that the claims made by the foreclosing party may be inaccurate and/or fraudulent.  In addition to the written Chain of Title Analysis, our Investigators also create a customized infographic/flowchart/schematic to visually represent their findings regarding the path taken by the various parts of the client’s Mortgage Loan and the parties involved in the securitization process. This visual representation is invaluable in making the arguments indisputable and understandable to the clients, attorneys, and judges – A picture is truly worth a thousand words.

Now, let’s continue with a little role playing.

Opposing Counsel:”but Your Honor, the plaintiff has the burden of proof.  They are alleging that we sold the note.  Where’s the proof?”

You:”Your Honor, please see Exhibit C in our evidence as part of our initial complaint.  On Page X, you will find our loan listed as a permanent fixture in an SEC filing for the New York Mellons Bank Trust Series 1232342 REMIC in which this loan has been securitized.”

Judge: “Counsel, what do you have to say to that?”

Opposing Counsel:”I don’t know about this you’re Honor; I was informed by my client that they bought back the loan.”

You:  “Counsel, are you aware of FAS 140?  Under the Financial Accounting Standard 140, it says that once a loan has been sold into a pooling and servicing agreement, the lender forever loses control of the asset.”
“Are you aware that this loan is a permanent fixture of the New York Mellons Bank Trust Series 1232342 REMIC?”
“Where is the Chain of Title that gives your client the right to enforce the promissory note?”
“Are you aware that the promissory note has been discharged in the REMIC as a bad debt and that the individual share holders have received tax credit for this loss?”
“Are you aware that once a debt has been discharged, it loses its ability to collect?”
“Are you aware that your client bought the note as a discharged debt and an unsecured instrument?”

“I motion the court to have Counsel stipulate that you know with firsthand knowledge that the note has not been discharged as a non-performing asset. “If he cannot, then say… “I move the court to sanction opposing counsel for bringing fraud before the court.  Counsel misrepresents the facts in order to deceive the court.”

Keep in mind that the courts are absolutely corrupt and will try to rule against you at every opportunity. Therefore it is vital that you not only learn the rules of the game Jurisdictionary…but you must also learn how to land on them like a ton of bricks when they try to break the law and violate your legal rights!

FRAUD STOPPERS Private Members Association (PMA) has a PROVEN WAY to help you save time and money, and increase your odds of success, suing the banks for mortgage and foreclosure fraud.

Our primary focus is helping you get clear and marketable title to your property by arguing that the actions of the banks have made the security provisions of the mortgage/deed of trust unenforceable as a matter of law.

Take action right now and get the FACTS and EVIDENCE that you need to gain the legal remedy that  you deserve!

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Scope of the FRAUD STOPPERS Bloomberg Securitization Audit

FRAUD STOPPERS Evaluation for Violations of “RESPA” The Real Estate Settlement Procedures Act (RESPA) is a consumer protection statute, first passed in 1974. It requires lenders to give a good faith estimate (GFE) of all closing costs that borrowers must pay. It was designed to help borrowers from being forced to pay “hidden fees” at closing. Typical violations of RESPA include (1) Statutory Damages, (2) Attorney’s fees, and in many cases (3) Treble Damages [i.e., 3 times the amount.]

FRAUD STOPPERS Evaluation for Violations of “TILA” The Truth in Lending Act (TILA) requires lenders to disclose the terms of a loan, including the total amount of the loan, the annual interest rate, and the number, amount, and due dates of all payments necessary to repay the loan. The TILA also requires additional disclosures and places many restrictions on mortgages. The most often sought remedy under TILA is rescission of the loan.

FRAUD STOPPERS Evaluation for Violations of “FCRA” The Fair Credit Reporting Act (FCRA) was designed to prevent inaccurate or obsolete information from entering or remaining on a credit report. The law requires credit bureaus to adopt reasonable procedures for gathering, maintaining, and disseminating information. Commons remedies for violating FCRA are (1) statutory damages and (2) Attorney fees

FRAUD STOPPERS Evaluation for Violations of “ECOA” The Equal Credit Opportunity Act (ECOA) was designed to ensure that all qualified people have access to credit and prohibits discrimination based on sex, marital status, age, race, national origin, or public assistance benefits received.

FRAUD STOPPERS Evaluation for Violations of “HOEPA” Home Ownership Equity Protection Act state and local high costs. Federal (HOEPA), state and local high-cost thresholds.

FRAUD STOPPERS compares the loan data collected during a forensic loan audit to the calculated high-cost thresholds as defined by the Home Ownership and Equity Protection Act (HOEPA) and applicable state and local jurisdictions.

FRAUD STOPPERS Evaluation for Violations of “Underwriting Standards” The purpose of an underwriter is to determine whether the borrowers can qualify for a loan and if the borrowers can repay the loan. This determination of the ability to repay a loan is based upon employment and income in large measure, which is proved by getting pay stubs, 1040’s, W-2’s and a Verification of Employment and Income on the borrowers.

If an underwriter has evaluated the loan properly, then there should be no question of the ability of the borrower to repay the loan. Debt ratios will have been evaluated, credit reviewed, and a proper determination of risk made in relation to the loan amount. Approvals and denials would be made based upon a realistic likelihood of repayment.

The terms “abusive lending” or “predatory lending” are most frequently defined by reference to a variety of lending practices. Although it is generally necessary to consider the totality of the circumstances to assess whether a loan is predatory, a fundamental characteristic of predatory lending is the aggressive marketing of credit to prospective borrowers who simply cannot afford the credit on the terms being offered. While such disregard of basic principles of loan underwriting lies at the heart of predatory lending, a variety of other practices may also accompany the marketing of such credit.

Targeting

Targeting inappropriate or excessively expensive credit products to older borrowers, or to persons who are not financially sophisticated or who may be otherwise vulnerable to abusive practices, and to persons who could qualify for mainstream credit products and terms

Loan Flipping & Equity Stripping

Repeated refinancing of borrowers into loans that have no tangible benefit to the borrower. Can be the same lender or different ones. Loans and refinances whereby equity is removed from the home through repeated refinances, consolidation of short-term debt into long term debt, negative amortization, or interest only loans whereby payments are not reducing principle, high fees and interest rates. Eventually, borrower cannot refinance due to lack of equity.

High Debt Ratios

This is the practice of approving loans with high debt ratios, usually50% or more, without determining the true ability of the borrower to repay the loan. Can often be seen with Prime borrowers approved through the Automated Underwriting Systems.

High Loan to Value loans

Loans offered to a borrower having little or no equity in the home. Usually, adjustable-rate mortgages that the borrower will not be able to refinance out of when the rate adjusts due to lack of equity.

Fraudulently Caused to Execute Loan Documents

Adjustable-rate mortgage loan was an inter-temporal transaction on which Plaintiffs had only qualified at the initial teaser fixed rate and could not qualify for the loan once the interest rate terms change.

Deception, Fraud, Unconscionable

Is marketed in a way that fails to fully disclose all material terms. Includes any terms or provisions which are unfair, fraudulent, or unconscionable. Is marketed in whole or in part based on fraud, exaggeration, misrepresentation, or the concealment of a material fact. Includes interest only loans, adjustable-rate loans, negative amortization and HOEPA loans.

Stated or No Income/No Assets

Is based on a loan application that is inappropriate for the borrower. For instance, the use of a stated-income loan application from an employed individual who has or can obtain pay stubs, W-2 forms and tax returns.

Lack of Due Diligence in Underwriting

Is underwritten without due diligence by the party originating the loan. No realistic means test for determining the ability to repay the loan. Lack of documentation of income or assets, job verification. Usually with Stated Income or No documentation loans but can apply to full documentation loans.

Inappropriate Loan Programs

Is materially more expensive in terms of fees, charges and/or interest rates than alternative financing for which the borrower qualifies. Can include prime borrowers who are placed into subprime loans, negative or interest only loans. Loan terms whereby the borrower can never realistically repay the loan.

All claims and defenses the borrower may have against the mortgage lender, mortgage broker, or other party involved in the loan transaction.

FRAUD STOPPERS Evaluates Each File for Violations of “Common Law Principles”

CONSTRUCTIVE FRAUD

Material facts include the terms of the loan, whether there is a prepayment penalty, or any other information which a reasonable borrower would want to know before accepting the loan. Did the broker or loan officer or anyone working for the broker or loan officer fail to disclose any material facts to the borrower?

FRAUD AND NEGLIGENT MISREPRESENTATION

Were any representations, statements, or comments, written or made by the loan officer, broker, notary or anyone else who contradicted the terms of the documents?

NEGLIGENT MISREPRESENTATION

When a mortgage professional makes errors which a reasonably diligent mortgage professional would not have made, he or she may have made a negligent misrepresentation.

BREACH OF CONTRACT

The note and its attachments are a contract. The broker must follow all the terms of the contract such as the way the interest is calculated, and the penalties it assesses. Were there any terms in the contract which the lender failed to follow?

BREACH OF FIDUCIARY DUTY

And many, many, more…….

This is a court ready trial evidence audit & expert witness affidavit that you and your attorney can use to win your case. 

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 Breaking News - What the Bank Does Not Want You to Know:

CONFIDENTIAL SETTLEMENT AFTER ORDER ON JUDGMENT inFlorida - CFLA Client Gets Huge Damage Award against JPMCB and WellsFargo for multiple fraudulent misrepresentations in loan documents and bylender[s] to homeowner[s]. The following is an exert from the Court's Orderin Florida. This case has reached CONFIDENTIAL SETTLEMENT andtherefore some information is redacted:

"Defendants JPMCB and Wells Fargo were involved in fraudulent recordeddocuments in violation of 15 USC §1611, and is entitled to damages forclouding title and to cure/Quiet Title. Plaintiffs are entitled to the reliefrequested herein to quiet title and for award of costs under FS §57.041"

Homeowner Quiets Title to Real Property in Florida Court and Liable forDamages for Fraudulently Recording Documents, Fraud, Misrepresentation

 

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