Homeowners Win Only When They Litigate Properly — Not Because They Are Right

by Neil Garfield

There is a difference between securitization, on the one hand, and securitization of debt, on the other. They are not the same thing. The entire scheme that is currently advertised or represented as securitization of debt is false.

Securitization refers to the creation, issuance, sale and trading of securities. There is no doubt that securities were issued, although I take issue with the notion that those securities were not subject to regulation by the SEC. But anyone on Wall Street will admit that those securities are not mortgage-backed securities, and they are not asset-backed securities, and they are not shares of ownership of any obligation or liability of any homeowner.

Securitization of debt specifically refers to breaking up ownership of obligations and selling shares to investors.

With respect to transactions with homeowners, there can be no doubt that securitization of debt has never occurred since it’s inception in the mid-1990s. But there is also no doubt that almost everyone, including the homeowners and their attorneys, believes that securitization of debt did in fact occur.
This means that the underlying obligation, legal debt, loan account receivable, note and mortgage were never sold individually or as a group. It means that any claim of authority to administer (“service”), collect or enforce any purported liability of the homeowner that is based upon the sale of the laibility from one party to another is false. And that means that none of such parties possess any legal claim to do anything.

I recently received a question regarding notarization. The questioner, “summer chic,” asked why there appears to be no U.S. requirement that a notary public maintain a journal or logbook for notarization when that requirement is enforced practically everywhere else. The simple answer is that there used to be a requirement like that, but there is no such requirement now. And the reason is that the banks have successfully undermined the ability to produce evidence that the notary seal and signature were not affixed by the notary or even in the same geographical area as where the notary resides and works.

Like the Trustees, “servicers” and everyone else, they are collecting royalties for use of their name, signature and seal. They don’t actually do anything. The person whose signature is being affirmed as being signed by the person named in the instrument does NOT appear in front of any live person and does not produce proof of their identity.

So this enables the banks, acting through multiple layers of intermediaries including foreclosure lawyers, to fabricate documents that appear to be self-authenticating and valid (presumptively) despite the fact that the document memorializes nonexistent events and nonexistent people in connection with nonexistent transactions. Such documents are completely false, fabricated, forged, and do not survive any test of credibility or authenticity when litigated properly. By doing this the banks were able to sell the illusion of each initial transaction with homeowners to multiple buyers (investors) multiple times — something that would put them in prison for a long time if they were actually selling the debt.

This was all changed when the banks started their business plan. All of the basic notions of credible evidence concerning real events and real people needed to be undermined in order for the plan to succeed.

Having changed the norms, rules and practices of several industries, they have created a presumption of validity for behavior that is patently illegal, if it was disclosed. But because of the presumption, there is a heavy burden on the homeowner to go the extra mile.

And it requires a clever trial attorney to realize that the object is not to prove a point but rather to simply undermine the ability of the opposition to corroborate their claim. When they fail to answer questions or demands that they are legally required to answer, it is up to the homeowner to aggressively litigate the issue of their failure to respond.

That litigation changes the case and the narrative from bank versus deadbeat homeowner to judge versus uncooperative foreclosure lawyer. Once you have completed changing the narrative, there is an 85% chance of a favorable judgment for the homeowner.

Every favorable decision for the homeowner that I have ever received for review or obtained on my own is marked by that characteristic — the refusal or inability of the foreclosure lawyer to comply with rules of court and especially court orders compelling compliance. Very few of those cases have ever been appealed by the banks. This is a nuanced strategy of the banks. By not raising the case to the level of an appeal, they minimize the risk of creating legal precedent against they are full presentation of securitization of debt.

So the Defense of Foreclosure cases depends upon factors and nuances that are completely unknown to most homeowners. They then go into court believing that they know what they’re doing, which is exactly what the banks want.

Some people feel guilty about using the strategies and tactics against the banks. But the banks feel no guilt whatsoever and using false fabricated documents against those same people.

The answer is pretty simple. Since homeowners were tricked into enabling the launch of a securities scheme, they should have been compensated for doing so, and they were entitled to their share of the revenue and profit. In fact, I think they received it in the form of a disguised loan transaction. The mistake, that was entirely intended by the banks and based entirely on concealment of the true nature of the transaction with the homeowner, is that the homeowner was convinced that he or she was receiving a loan instead of a simple payment for services rendered in connection with the launching of the securities scheme.

If anyone actually was successful in forcing the players to produce the internal records, they would see (as I have seen) that these statements are exactly what is described in accounting ledger’s, books, and records of all the players involved in the origination and subsequent treatment of transactions and correspondence with homeowners.

I think the payment they received was not a loan simply because it was never recorded as a loan account receivable on the accounting ledgers of any company, nor was it ever purchased. The objective of the banks was to sell securities.

They paid homeowners to execute documents creating the illusion of a loan transaction but never disclose that there was no lender, creditor, loan account receivable liability for compliance with lending and servicing laws.

My opinion is that each homeowner received a fair share of that revenue and profits derived from the sale of securities and exchange for lending their name, financial reputation, signature, and consent.

The execution of the note and mortgage, while necessary to create the illusion of a loan transaction — and therefore justify the sale of securities based upon the existence (but not the ownership of homeowner transactions), did not memorialize any loan transaction and was not supported by any consideration.

There is no obligation or debt owed by the homeowners who issued any promise to pay because there was no consideration paid to the homeowner to fulfill that promise. The only consideration received by the homeowner was for services, not for a loan — even though the homeowner clearly believed otherwise.

The fact that the homeowner was successfully deceived is not a legal or equitable reason to hold homeowners to a contract that was concealed from them to wit: the promise to treat the transaction as though it was a loan even though it wasn’t. The promise to pay was based upon the existence of a lender, loan account receivable, and compliance with all applicable lending and servicing statutes —- something that never occurred.

     
 

Mortgage Fraud Daily News Update ⋅ December 8, 2021

 
     
 

Los Angeles real estate broker gets over 10 years for COVID loan fraud – New York Post

New York Post

Ayvazyan and his wife, Marietta Terabelian (above), purchased a $3.25 million home in Tarzana with the fraudulent loan proceeds. “This lady has been a …

     
 
 

FSRA takes steps to help detect and prevent mortgage fraud – Newswire.ca

Newswire.ca

CNW/ – The Financial Services Regulatory Authority of Ontario (FSRA) is committed to deterring deceptive and fraudulent practices in the mortgage …

     
 
 

Former insurance agent sentenced to prison for wire fraud scheme that defrauded clients …

Department of Justice

The clients included private investigators, process servers, mortgage and field service companies, and security guard companies.

     
 
 

Wisconsin Conservative Group Finds ‘No Evidence Of Widespread Fraud‘ In 2020 Election – Forbes

Forbes

In all likelihood, more eligible voters cast ballots for Joe Biden than Donald Trump,” the right-leaning group found, but contended reforms are …

     
 
 

Here are 5 ways to protect yourself against credit card fraud this holiday season – CNBC

CNBC

Here are 5 ways to protect yourself against credit card fraud this holiday season … Covid mortgage bailout is expiring. Here’s what to do if you …

     
 
 

6 Tales of Real-Life Scams – AARP

AARP

The host of The Perfect Scam, Bob Sullivan, shares a few of the most … out a $500,000 reverse mortgage on the home she shared with Gerard, …

     
 
 

To advance mortgage lending, trust must take backseat to truth – HousingWire

HousingWire

Source data eliminates the opportunity for fraud or error … So mortgage lending morphed from a trust-based system to what could be called a …

     
 
 

Mexico Takes Aim At $47M Mortgage Fight Award – Law360

Law360

The tribunal had concluded in its September award that the country’s courts had failed to halt a fraudulent scheme involving Lion Mexico, …

     
 
 

Foreclosure-Prevention Scams Surface in MN – Public News Service

Public News Service

MINNEAPOLIS — With forbearance protections ending during this stage of the pandemic, some struggling homeowners are sorting out their mortgage …

DIRTY DEEDS DONE DIRT CHEAP: The Successor Trustee & Non-Judicial Mortgage Fraud – Latest Breaking News

Full Coverage

     
 
 

Seniors beware: The FBI says these are the 10 biggest online scam – MarketWatch

MarketWatch

As usual in this coverage, online scams are often the fastest way criminals can rip you off. The Federal Bureau of Investigation says its Internet …

     
 
 

Theranos founder Holmes back on the witness stand in fraud trial – BNN Bloomberg

BNN

Elizabeth Holmes was back on the witness stand Tuesday at her criminal fraud trial in San Jose, California, as a federal prosecutor resumed …

     
 
 

Dye & Durham’s first move since buyout collapse has mortgage links

Mortgage Professional America

On most housing transactions, “you’re talking stacks of paper, many, many checks cut on every transaction and couriered. It’s prone to fraud and it’s …

     
 
 

Giving it that old college try: Mom admits stealing daughter’s identity to run up nearly $20K in …

MarketWatch

… daughter’s identity to run up nearly $20K in student loan debt … Oglesby had been on the run from fraud charges in Arkansas when she turned …

     
 
 

Attorney Mark Smith will be appealing his conviction in the housing fraud case – The Guam Daily Post

The Guam Daily Post

Guam’s mortgage lending market has seen a dramatic shift from traditional banks as the main lenders for real estate loans recorded with the government …

     
 
 

State audit finds one-third of unemployment fraud investigations take a long time to wrap up

The Denver Channel

We still had to pay our mortgage. We still have to live on a daily basis. My husband worked 12 hours a day for six days a week, and I felt like that …

     
 
 

Details Of Ex-Credit Union GC’s Firing Off-Limits At Trial – Law360

Law360

… 6Former SBA General Counsel Joins Womble Bond As Partner; 7Convicted Atty Disbarred In NJ Over Mortgage Fraud Scheme; 8CFPB Plots Crackdown On …

     
 
 

Gangsters’ bank accounts to be drained in fight against fraud – The Telegraph

The Telegraph

The pilot project will finance a dedicated scams unit at the City of London Police and … Funding will also go to counselling for fraud victims, …

     
 
 

Kenya’s president signs law change to regulate digital lenders – Yahoo Money

Yahoo Money

FSRA takes steps to help detect and prevent mortgage fraud. 4h ago. ACCESSWIRE … Honduras begins election vote recount after fraud claims.

     
 
 

3rd Circ. Backs L’Oreal’s Win In Atty’s Whistleblower Suit – Law360

Law360

… Trust Fraud; 9Powell, Other Attys Ordered To Pay $175K Over Election Suit; 10Convicted Atty Disbarred In NJ Over Mortgage Fraud Scheme.

     
 
 

Self-Proclaimed Bitcoin Inventor Ordered to Pay $100 Million in IP Fraud Case – Yahoo Finance

Yahoo Finance

In a very convoluted legal case to recently draw headlines, self-proclaimed Bitcoin inventor Craig Wright won part of a litigation on Dec. 6.

     
 
 

H&R Announces Leading Independent Proxy Advisory Firms ISS and Glass Lewis … – Yahoo Finance

Yahoo Finance

CNW Group. IIROC Trading Resumption – TEM. 10m ago. CNW Group. FSRA takes steps to help detect and prevent mortgage fraud. 57m ago. CNW Group …

     
 
 

Paragon Bank sees profits rise by 62% – Mortgage Finance Gazette

Mortgage Finance Gazette

This compares to underlying profit of £120m in 2020. It adds that mortgage lending advances increased by 29.4% to £1.63bn, with a year-end …

     
 
 

Consumer Duty report on meeting client needs published by FCA – Mortgage Finance Gazette

Mortgage Finance Gazette

The Financial Conduct Authority (FCA) will require firms to demonstrate how they meet client needs through a new Consumer Duty.

     
 
 

Gary Price – Elder Law Attorney (12/07/21) – YouTube

YouTube

Mortgage Fraud Lawsuit. ToolsforJustice … When Does Estate Planning Cross the Line and Become a Fraudulent Preference? Wagner Sidlofsky LLP.

     
 
 

PennyMac Mortgage Investment Trust Declares Fourth Quarter 2021 Dividend for Its …

Yahoo Finance

WESTLAKE VILLAGE, Calif., December 07, 2021–PennyMac Mortgage Investment … the Company’s ability to detect misconduct and fraud; the Company’s …

     
 
 

Providence Therapeutics announces $2.118 Million USD in funding to support process …

Yahoo Finance

FSRA takes steps to help detect and prevent mortgage fraud. 1h ago. CNW Group. Snappy, a provider of digital-first, easy-to-deploy restaurant …

     
 
 

House prices rise for fifth month in a row, reports Halifax – Mortgage Finance Gazette

Mortgage Finance Gazette

The average UK house price rose for the fifth month in a row to hit a new record high of £272992 in November, says the latest index from Halifax.

     
 
 

CIBC to pay $125 million to settle class action lawsuit on subprime mortgage risks | Advisor’s Edge

Advisor’s Edge

The subprime market involved mortgage-backed securities that offered attractive rates of return due to … Judge orders jail time in fraud case.

     
 
 

Division of Insurance Encourages Nevada Consumers to Shop and Compare Medicare …

Nevada Business and Industry – State of Nevada

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

     
 
 

Jury deliberating in GHURA fraud case | Guam News | postguam.com

The Guam Daily Post

A federal jury started deliberations in the fraud trial against Mark Smith, a former attorney for the Guam Housing and Urban Renewal Authority.

     
 
 

Self-Proclaimed Bitcoin Inventor Ordered to Pay $100 Million in IP Fraud Case | GOBankingRates

GOBankingRates

Self-Proclaimed Bitcoin Inventor Ordered to Pay $100 Million in IP Fraud Case … Should You Refinance Now With the Low Mortgage Rates?

     
 
 

Prison and a $273K bill for Snohomish insurance agent’s fraud | HeraldNet.com

Everett Herald

Her clients included private investigators, mortgage firms and security guard companies. They were based across the United States, …

     
 
 

Driving Without Insurance in Idaho | Bankrate

Bankrate.com

Lying about your insurance information is considered fraud. In addition to all the fines and penalties discussed for driving without insurance, …

     
 
 

Better.com flooded with negative reviews after 900 employees laid off via Zoom – The Independent

The Independent

Digital mortgage company Better.com has been flooded with critical … laying off 900 employees on Zoom call · Vishal Garg: CEO who fired 900 …

     
 
 

Sales Training, VOA, Talent Acquisition, Marketing Tools; CFPB Trends: Competing on Compliance?

Mortgage News Daily

The FBI handles criminal mortgage fraud, and it is included in this omnibus … the impact on their loan officers, and how it led them to generate …

     
 
 

Want a £19,000 discount on your home? Don’t get a mortgage – The Telegraph

The Telegraph

Londoners selling up in the capital and buying mortgage-free in cheaper locations have achieved record discounts of nearly £19,000, …

     
 
 

‘Hello mum’ WhatsApp scam skyrockets, costing parents thousands – The Telegraph

The Telegraph

Britons have already lost tens of thousands of pounds to the emerging “hello Mum” and “hello Dad” fraud, according to Action Fraud, the scams arm of …

     
 
 

Chapmans Restaurant owners charged with tax fraud | News | themountainpress.com

The Mountain Press

Chapmans Restaurant owners charged with tax fraud … Counties where mortgage payments have jumped the most in the past two years …

     
 
 

Michigan men raked in millions via unemployment fraud scheme, DOJ says | Fox News

Fox News

Michigan residents Tauheed Salik Wilder, 39, and Shuqueni Renee Franklin, 30, allegedly filed at least 470 fraudulent unemployment claims across …

     
 
 

Youthentity column: Financial education is key to healthy communities | PostIndependent.com

Post Independent

… victims of predatory lending, subprime mortgages, or fraud and high interest rates — all of which can result in bad credit or bankruptcy.

     
 
 

Old Bridge Investment Firm Owners Indicted On Fraud Charges | Matawan, NJ Patch

Patch

Three men who ran a finance company in Old Bridge​ were charged with running a $40 million securities fraud scheme.

     
 
 

ZEV Investors Have Opportunity to Lead Lightning eMotors, Inc. Securities Fraud Lawsuit | Benzinga

Benzinga

BENSALEM, Pa., Dec. 7, 2021 /PRNewswire/ — Law Offices of Howard G. Smith announces that investors with substantial losses have opportunity to …

     
 
 

VICTORIA BISCHOFF: Say bah humbug to debt this Christmas | This is Money

This is Money

It is aimed at raising awareness of loan fee fraud, where crooks demand an upfront fee for the loan, and then never pay the money.

     
 
 

Meet the fraudbusters: Helping victims of the lockdown scam epidemic | This is Money

This is Money

Fraud has surged since the Covid crisis, with crooks stealing £753.9m in the first half of this year alone, according to trade body UK Finance.

Digital Identity Verification: The Key to Reducing Lending Fraud – IDMerit – IDMerit

Full Coverage

     
 
 

SoftBank-Backed Mortgage Startup Better.com Lays Off 900 Workers Just Before Holidays

The Daily Beast

Elizabeth Holmes, taking the witness stand again in her trial on fraud charges, said she regretted how things went down with a rapturous 2014 …

     
 
 

Mortgage Coach announces integration with ICE Mortgage Technology enabling lenders to …

Florida News Times

Mortgage Coach has leveraged Encompass® Developer Connect™ APIs (application programming interfaces) so lenders can deliver information-rich Total …

     
 
 

LA real estate broker gets over 10 years for COVID loan fraud – Talesbuzz

Talesbuzz

Text messages between the pair indicated they rushed to submit fraudulent loan applications, including using the names of dead people, before the …

     
 
 

CEO Who Fired 900 People On Zoom Speaks Out Following Public Outrage – UNILAD

UNILAD

Upon failing to mention that his mortgage start-up company Better.com had received $750 million in investments just a week earlier, …

     
 
 

Monmouth Beach Man Indicted On Securities Fraud Charges – Patch

Patch

A Monmouth Beach man was charged with running a $40-million securities fraud scheme through the private finance firm he owns.

     
 
 

Beware of ‘$3,600 Stimulus for Homeowners’ Facebook Ads | Snopes.com

Snopes.com

Fraud & Scams · Beware of ‘$3,600 Stimulus for Homeowners’ … https://finance.yahoo.com/news/biden-signed-10-billion-mortgage-133000243.html.

     
 

 

 

 

 

     
  Foreclosure Daily News Update ⋅ December 8, 2021  
     
 

Last call? Cipriani facing possible foreclosure after mortgage default – The Real Deal

The Real Deal

Hospitality company Cipriani is facing possible foreclosure after it defaulted on $53 million in mortgage debt in May 2020.

Lake las vegas foreclosures – educacaosamur.com

Full Coverage

     
 
 

For Most Homeowners Facing Foreclosure, Don’t Count On the Right of Redemption to Be …

time.com

If you can’t make your mortgage payments, you risk foreclosure—where your lender takes possession of your home and sells it to recoup costs.

Litigation Foreclosure Specialist – Careers at Shellpoint Mortgage Servicing – Careers at Shellpoint Mortgage Servicing

Full Coverage

     
 
 

Cipriani Tries to Keep the Prosecco Flowing After Debt Default – WSJ

Wall Street Journal

Draft foreclosure documents have been prepared, according to the loan servicer, but New York state currently has a moratorium on commercial evictions …

Foreclosed land for sale in sc – bpac.in

Full Coverage

     
 
 

Foreclosure-Prevention Scams Surface in MN – Public News Service

Public News Service

Inattention to detail raises the risk of foreclosure. The Minnesota Homeownership Center said a common scam right now involves dubious offers for …

New Mexico Wrongful Foreclosure Lawyers – Albuquerque, NM Personal Injury Attorney – Albuquerque, NM Personal Injury Attorney

Full Coverage

     
 
 

Co-op and Condo Owners Get a Lifeline Against Foreclosure – Habitat Magazine

Habitat Magazine

Co-op and condo owners get a lifeline against foreclosure from federal pandemic aid.

     
 
 

House counseling programs awarded $25,000 to help prevent foreclosures – Gainesville Sun

Gainesville Sun

The grant will better assist housing counselors who help homeowners and renters who may be experiencing eviction, foreclosure or facing …

     
 
 

Reversal on face-to-face requirement for mortgage foreclosure – Chicago Daily Law Bulletin

Chicago Daily Law Bulletin

Reversal on face-to-face requirement for mortgage foreclosure– Fifth Third Mortgage Co. thought it could skip the federal requirement for a …

     
 
 

FL House Dems push to address affordable housing, foreclosures in 2022-23 budget …

Florida Phoenix

Specifically, in Central Florida, properties with foreclosures have increased amid the COVID-19 pandemic, said Smith, a Democrat representing part …

     
 
 

Bank predicts $3.6 million windfall from Manafort loans – POLITICO

Politico

Surplus cash expected from foreclosure on lending that led to federal prosecutions of former Trump campaign chair and Chicago banker.

     
 
 

The Buckeye Institute Urges Ohio Supreme Court to Protect Property Rights from …

The Buckeye Institute

In the typical foreclosure process, foreclosed property would be sold at auction, and the bank would recoup part of its loss. Under Ohio’s landbank …

     
 
 

NY Launches 1st-in-Nation Housing Assistance Program – CNY News

CNY News

New York is the first in the nation getting the nod to launch a fund to help homeowners avert mortgage delinquency and foreclosure.

     
 
 

Stimulus Update: COVID Relief on Mortgages Ends Soon — What Are Your Options …

GOBankingRates

RealtyTrac estimates that about 87% of borrowers in foreclosure now have positive equity on their homes. More From GOBankingRates. 5 Things Most …

     
 
 

Real Property, Financial Services, & Title Insurance Update: Week Ending November 19, 2021

JD Supra

Real Property Update – Foreclosure / Reverse Mortgage: Surviving spouse who did not sign the note did not qualify as a “borrower” by signing the …

Nationstar Mortgage, LLC v. Server, CV176011564S | Casetext Search + Citator – Casetext

Full Coverage

     
 
 

NY launches new relief fund for homeowners struggling to pay mortgage, bills | WRVO Public Media

WRVO

Foreclosure.jpg. BasicGov. /. Flickr. New York is launching a $539 million fund to help homeowners who’ve struggled to pay their mortgage due to …

FORECLOSURE DEADLINE IS MARCH 31, 2022 – Genesee County – Genesee County

Full Coverage

     
 
 

Wells Fargo Owed Mortgagor Duty Of Care, Calif. Justices Told – Law360

Law360

A homeowner who claims he lost his home to foreclosure after Wells Fargo gave confusing communications about the status of his loan modification …

     
 
 

Notice of Sale Under Power. State of Georgia, County of | Foreclosures | albanyherald.com

Albany Herald

To obtain options and alternatives to foreclosure please contact Carrington Mortgage Services, LLC directly, toll free by the following telephone …

Notice of Foreclosure Sale | The Times-Record – The Times-Record

Legal Notice Sale of Real Estate Butler County – Classifieds – Classifieds

St louis county foreclosure records – ecobenin.org

Full Coverage

     
 
 

Real Property, Financial Services, & Title Insurance Update: Week Ending November 12, 2021

JD Supra

45.031): While a foreclosure sale can still be prevented even after the public auction, the mortgagor failed to timely object to the procedure of …

     
 
 

What a Credit Check Can Tell a Potential Employer

My Background Check

Bankruptcy, Foreclosures, and Liens. Bankruptcy and foreclosure are both serious financial issues that will remain on your credit report for a long …

     
 
 

More Connecticut COVID-impacted residents eligible for mortgage aid – CT Insider

CT Insider

The program aims to prevent a wave of foreclosures for homeowners who struggled financially during the pandemic. The American Rescue Plan set …

     
 
 

21-00661 | Legal Announcements | thewetumpkaherald.com

The Wetumpka Herald

PUBLIC NOTICE MORTGAGE FORECLOSURE SALE Default having been made in the payment of the indebtedness secured by that certain mortgage executed by …

     
 
 

FC/CALHOUN, R. | Legal Announcements | thewetumpkaherald.com

The Wetumpka Herald

PUBLIC NOTICE NOTICE OF FORECLOSURE SALE Default having been made in the payment of the indebtedness secured by that certain mortgage executed by …

     
 
 

Maple Heights Mayor Annette Blackwell to run for Cuyahoga County Executive – WKYC

WKYC

… has been like a boot camp for dealing with issues facing many communities, such as foreclosure, declining population and shrinking tax base.

     
 
 

Waiting for the Axe to Fall in ‘The Barbarian Nurseries’ – Alta Journal

Alta Journal

home foreclosure sale. GETTY IMAGES. I remember exactly where I was when I first got an inkling that the disaster that would come to be known as …

     
 
 

Hochul announces $539M fund to help New York homeowners who are behind on payments | 6sqft

6sqft

… help low- and moderate-income homeowners affected by the Covid-19 pandemic avoid mortgage delinquency, default, foreclosure, and displacement.

Zillow foreclosed homes – apuntesadministracionempresas.com

Hud homes for sale connecticut – bpac.in

Full Coverage

     
 
 

In the courts: | News, Sports, Jobs – The Review

In the courts: | News, Sports, Jobs – The Review

County Treasurer vs. Martin and Melinda Schneider, foreclosure sought for alleged delinquent taxes for property on Ephriam Street, East Liverpool.

     
 
 

New Yorkers Eligible For Federal Housing Assistance Funds: Hochul | New York City, NY Patch

Patch

Gov. Kathy Hochul said New York is the first state to have access to $539 million in funding to help residents avoid eviction, foreclosure.

     
 
 

California Reparations Task Force: Berkeley Housing Advocate to Highlight Sharp Decline … – KQED

KQED

‘We don’t really talk a lot about how the foreclosure crisis was so impactful on the massive demographic decline.’ Darrell Owens,a data and policy …

     
 
 

FC/HOLT, A. | Legal Announcements | thewetumpkaherald.com

The Wetumpka Herald

PUBLIC NOTICE NOTICE OF FORECLOSURE Default having been made in the payment of the indebtedness secured by that certain mortgage dated September …

     
 
 

HAF Archives – Huntington Now

Huntington Now

… mortgage delinquency, default, foreclosure, and displacement. Applications for the Homeowner Assistance Fund will be accepted beginning Jan.

     
 
 

COMMON PLEAS COURT | News, Sports, Jobs

Salem News

Martin and Melinda Schneider, foreclosure sought for alleged delinquent taxes for property on Ephriam Street, East Liverpool. Docket Entries.

     
 
 

Helen Loretta (Whalen) Kimberly, 85 | News Democrat

News Democrat

Property Foreclosure. Property Tranactions. Previous. David C. Hunter, 87 · Next. Loftie Lee Hensley, 65. We were unable to load Disqus.

     
 
 

Carolyn Lee (Melvin) Koch, 78 | News Democrat

News Democrat

Sherry Bi. Property Foreclosure. Previous. Carolyn Kortier, 79 · Next. Georgia Alberta Young Rhoten, 94. We were unable to load Disqus.

     
 
 

Flip or Flop (Foreclosure Shock) on HGTV, Tue 7 Dec 11:30pm TV Guide UK TVguide.co.uk …

TV Guide

Foreclosure Shock Tarek and Christina El Moussa purchase a foreclosure home sight-unseen in Los Angeles County Category: Leisure/Hobbies …

     
 
 

Syracuse Surge Hosts First Information Session for Training Programs | Urban CNY

Urban CNY

Foreclosure Prevention Help for NYS Homeowners · Attorney General James Releases Charities Report Finding More Than Two-Thirds of Charitable …

     
 
 

Public Notices December 8, 20201 | News-Leader, Fernandina Beach Florida

News-Leader, Fernandina Beach

Defendants. NOTICE OF FORECLOSURE SALE. NOTICE IS HEREBY GIVEN pursuant to a Summary Final Judgment of Foreclosure entered November 9, 2020 in Civil …

     
 
 

Officials Discuss Foster’s Authority to Independently Obtain Deed of 640 Acres Within Killion …

Nisqually Valley News

“So after two years of delinquent payments, the city then commences collection of foreclosure action on the property that is subject to the lean.”.

     
 
 

Division of Insurance Encourages Nevada Consumers to Shop and Compare Medicare …

Nevada Business and Industry – State of Nevada

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

     
 
 

Help for homeowners coming from new New York State program | 14850

14850

… homeowners who are at risk of default, foreclosure or displacement as result of a financial hardship caused by the COVID-19 pandemic.”.

     
 
 

What’s on the shelf at Lake Region Library

Devils Lake Journal

Instead of receiving assistance from the government as they had in the 1930s, these hardworking family farmers were threatened with foreclosure by …

     
 
 

NOTICE OF SALE SUPREME COURT – COUNTY OF ST. | General | nny360.com

Watertown Daily Times

LAWRENCE CITIZENS BANK, N.A., Plaintiff, Against LARRY A. BURDO, Defendant(s) Pursuant to a Judgment of Foreclosure and Sale, duly entered …

     
 
 

Notice of Trustee Sale Grantor: Karen L Alston – Chinook Observer

Chinook Observer

The default(s) for which this foreclosure is made is/are as follows: Failure to pay when due the following amounts which are now in arrears: Total …

     
 
  WEB  
 

Upcoming Online Foreclosure Auctions for the week of December 6, 2021 – Realauction.com

Realauction.com

The following is a list of the upcoming online Foreclosure Auctions hosted by Realauction.com for the week of December 6, 2021.

     
 
 

Registration of Real Property in Foreclosure – Manatee County

Manatee County

The key elements of the registry ordinance are as follows: Must register all vacant real properties in foreclosure. Must complete online registration …

     
 
 

Free houses in massachusetts

bi300.com.br

Search for houses for sale and foreclosure homes in Massachusetts, foreclosed properties in Massachusetts, MA foreclosure properties – page 8.

     
 

 

     
 

foreclosure

Daily update ⋅ December 9, 2021

 
  NEWS  
 

November 2021 U.S. Foreclosure Activity Declines Slightly From Last Month But Still On The …

PR Newswire

PRNewswire/ — ATTOM, licensor of the nation’s most comprehensive foreclosure data and parent company to RealtyTrac (www.realtytrac.com), …

Zillow foreclosures miami – icp2021.ch

Delaware county foreclosures – felipebaiao.com

Full Coverage

    Flag as irrelevant
 
 

Deed In Lieu Of Foreclosure – Forbes Advisor

Forbes

If you’ve fallen behind on your mortgage and you don’t see any way of catching up, a deed in lieu of foreclosure might be your best option.

New Jersey’s Foreclosure Moratorium Ends – LSNJLAW – Legal Services of New Jersey

Can Closer Lender-Borrower Relations Save Homes during Foreclosure? – Taylor & Francis Online – Taylor & Francis Online

1.A judicial foreclosure process benefits lenders | Chegg.com – Chegg

Full Coverage

    Flag as irrelevant
 
 

Will a ‘Pre-Foreclosure Wave’ Sweep Across the Real Estate Market? – GlobeNewswire

GlobeNewswire

CAMPBELL, N.Y., Dec. 08, 2021 (GLOBE NEWSWIRE) — Winter is coming and, along with it, a pre-foreclosure wave. So says investor and residential …

Will a ‘Pre-Foreclosure Wave’ Sweep Across the Real Estate – Turba Fiscus – Turba Fiscus: Real Estate News

Full Coverage

    Flag as irrelevant
 
 

Foreclosure Bid Rigging Litigation Headed for Antitrust Trial – Bloomberg Law

Bloomberg Law

The Estates LLC, which runs a database of North Carolina properties in foreclosure, lost its bid to avoid a trial of bid-rigging conspiracy claims …

     
 
 

Attorney General Bonta Announces Judgment Against Real Estate Investment Company for …

California Department of Justice – CA.gov

… purchased at foreclosure sales. Wedgewood is a prominent player in residential foreclosures in California, buying, refurbishing, and.

Bexar county foreclosures 2021 – southpeace.go.th

Foreclosed farms in mn – ARCHETIC – ARCHETIC

Abandoned houses for sale in massachusetts – quirkchevyofbangor.com

Full Coverage

     
 
 

Facing Rising Demand, Money Management International Receives $2.85 Million Grant for …

Yahoo Finance

foreclosures and evictions in communities throughout the nation. … budget and will need to take steps to avoid foreclosure or eviction.

     
 
 

Fla., House Democrats Push To Address Affordable Housing, Foreclosures In 2022-23 … – Patch

Patch

Fla., House Democrats Push To Address Affordable Housing, Foreclosures In 2022-23 Budget – Across Florida, FL – Florida’s state budget for 2022-23 …

     
 
 

Loveland property facing foreclosure – BizWest

BizWest

LOVELAND — A 117-acre undeveloped parcel near the intersection of 42nd Street and South Lincoln Avenue faces foreclosure, according to a notice of …

     
 
 

New $539M Homeowner Assistance Fund Launched for NYers at Risk of Foreclosure – BK Reader

BK Reader

A new $539 million fund has been launched to help New York homeowners keep their homes by averting mortgage delinquency, default, foreclosure and …

     
 
 

Are At-Risk Homeowners Better Off Selling? | Florida Realtors

| Florida Realtors

When loan modifications don’t help, owners may find themselves at risk of foreclosure. But selling the home, which probably accumulated a lot of …

     
 
 

Virus foreclosure of cash in Dallas Love Field: confiscation of civil property – Texas News Today

Texas News Today

Virus foreclosure of cash in Dallas Love Field: confiscation of civil property. carolbull29 seconds ago. Texas Congressman Dade Phelan tweeted …

     
 
 

LA Real Estate Company Will Pay $3.5 Million Over Alleged Illegal Evictions | LAist

LAist

A foreclosure sign. (via Shutterstock) … Wedgewood’s business model involves buying foreclosed homes and flipping them for a profit.

     
 
 

Housing resource hub opens in Detroit’s Jefferson-Chalmers

Detroit Free Press

A new resource hub in Jefferson-Chalmers can help Detroiters avoid foreclosure, flood-proof their homes and tap into crucial home repair programs.

     
 
 

Real Estate Investor at Center of Oakland’s ‘Moms 4 Housing’ Standoff Fined $3.5 Million for …

KQED

… from foreclosed properties it had purchased and was seeking to flip. … under pre-existing leases for at least 90 days after foreclosure.

     
 
 

1000 Museum Developers Pay Off Condo Inventory Loan – The Real Deal

The Real Deal

Developers secured loan in March following foreclosure suit from Reuben Brothers … The developers of the Zaha Hadid-designed One Thousand Museum condo …

     
 
 

EST/JENNINGS, SR., W. | Legal Announcements | thewetumpkaherald.com

The Wetumpka Herald

PUBLIC NOTICE NOTICE OF FORECLOSURE Default having been m… … PUBLIC NOTICE MORTGAGE FORECLOSURE SALE Default having be…

17 Foreclosure Litigation Attorney Jobs in Red Bank NJ Near Me | LawCrossing.com – Law Crossing

In the Court of Common Pleas Montgomery County – Classifieds – Classifieds

Full Coverage

     
 
 

Wedgewood, California reach settlement on alleged evictions – Los Angeles Times

Los Angeles Times

… it acquires through foreclosure or directly from the property owner. … train employees on the rights of tenants in foreclosed properties, …

     
 
 

Linda Lou Farrell (nee Sowers), 80 | News Democrat

News Democrat

Property Foreclosure. Paul Gunt. Chaplain David Long, commander at Wilson Sroufe VFW Post 9772, officiated the funeral of Previous.

     
 
 

Cision PR Newswire – 8NewsNow.com

8NewsNow.com

9, 2021 /PRNewswire/ — ATTOM, licensor of the nation’s most comprehensive foreclosure data and parent company to RealtyTrac (www.realtytrac.com), …

     
 
 

Hotel Giraffe back on the wagon after two-year delinquency | Crain’s New York Business

Crain’s New York Business

Times Square luxury hotel heads to auction in foreclosure sale … Andaz Wall Street, are fighting off foreclosures and have not reopened.

     
 
 

Hancock County Superior Court 1 – The Daily Reporter – Greenfield Indiana

The Daily Reporter

Lisk, mortgage foreclosure. Three Sisters Family Limited Partnership, MJS Farms LLC v. Jim Dobbs, Marilyn Dobbs, Lean Gronowskiet, civil plenary. Nov.

     
 
 

Chicagoans can apply for rental assistance this month | AustinTalks

AustinTalks

court order to vacate (foreclosure or eviction); domestic violence. Assistance includes payment of future rent or rent arrears and security deposits …

     
 
 

Defiance courthouse | Local News | crescent-news.com

Defiance courthouse | Local News | crescent-news.com

Dissolution of marriage. Mycumortgage, LLC, Beavercreek, vs. Dustin and Amber Blake, 26825 Behrens Road; and Defiance County treasurer. Foreclosure.

     
 
 

Williams County Courthouse 12-09-21 – The Crescent-News

The Crescent-News

Foreclosure. Journal entries. Barclay’s Bank Delaware, Columbus, vs. Judy A. Sentle, Alvordton. Money judgment granted.

     
 
 

Port buys almost 200 family homes for $14.5 million from struggling out-of-town landlord

Cincinnati Enquirer

Raineth now is in foreclosure and its properties in receivership. SUBSCRIBER EXCLUSIVE. Bonus Magazines. Learn about launching the world’s most …

     
 
 

Developer has ‘no plans’ to raise Nelson Place rents after leaving low-income housing program

MLive.com

After an initial 15-year period, LIHTC developments can only be absolved of their commitment to affordable housing through a foreclosure, …

     
 
 

Fitch Assigns Final Ratings to Firstmac Mortgage Funding Trust No. 4 Series 2021-4

Fitch Ratings

Credit Enhancement Provides Buffer Over Modelled ‘AAAsf’ Losses (Positive): The ‘AAAsf’ weighted-average foreclosure frequency (WAFF) of 10.1% is …

     
 
 

Attorney General Bonta Announces Judgment Against Real Estate Investment Company for …

EIN News

Wedgewood is a prominent player in residential foreclosures in California, buying, refurbishing, and selling foreclosed properties at a profit. In …

     
 
 

Port to acquire major portfolio of single-family homes – Cincinnati Business Courier

The Business Journals

The Raineth portfolio of properties went into foreclosure and the Port competed against several out-of-town investors for it.

     
 
 

Keep an eye on your pension and current account: when the “block” is triggered …

D1SoftballNews.com

What can happen in the event that a foreclosure occurs Bank account? … or monthly unemployment allowance is credited to the foreclosed deposit.

     
 
 

The Still-Scott House | Olney Enterprise

Olney Enterprise |

With the payment not being made on the debt, Boucher had the property sold at a foreclosure sale in June 1930, but in July 1930, …

     
 
 

‘Four-year battle:’San Antonio activists say proposal to reduce marijuana arrests isn’t enough

San Antonio Express-News

Ananda Tomas speaks to participants during a National Day of Protest against evictions, foreclosures, police brutality and racism Saturday in …

     
 
 

State promises half a billion dollars for homeowner aid – Queens Daily Eagle

Queens Daily Eagle

The Homeowner Assistance Fund will provide up to $539 million to help eligible individuals avoid foreclosure, mortgage delinquency and …

     
 
 

Hot housing market seen cooling in 2022: Fitch | Investment Executive

Investment Executive

“Record home price growth in Canada has been the main driver of low delinquencies and foreclosures by generally enabling borrowers in financial …

     
 
 

Milwaukee churches, pastors urge city to halt ‘tax and take’ actions

Milwaukee Journal Sentinel

… they call “tax and take” — one they say can cost them thousands of dollars or lead to the loss of their churches to city tax foreclosure.

     
 
 

Colorado Springs house dubbed ‘little slice of hell’ makes its renovated debut, listing for $875000

YouTube

FORECLOSURE 22+ Acres, Barn, 2 Homes, Creek and more! Whittier, NC … Toll Brothers Luxury Foreclosure, Marlboro Ridge, MD. Marcus Bruno.

     
 
 

iPark 84 developers plan iPark 87 at old Tech City site – Mid Hudson News

Mid Hudson News

The firm plans to purchase the property following completion of foreclosure proceedings by Ulster County and rename it iPark 87.

     
 
 

Internet Slams Redditor for Trying to Evict Neighbor With Kids for Being ‘Loud’ – Newsweek

Newsweek

… cannot be evicted from homes that they own, the only major exception being in foreclosure cases, where the bank repossessed one’s property.

     
 
 

Bonta announces $3.5 million judgement against property flipper over eviction policy …

The Center Square

According to Bonta, Wedgewood regularly purchases foreclosed … to stay on a property for 90-days after foreclosure under an existing lease, …

     
 
 

California cracks down on properties unlawfully evicting tenants – KTVU

KTVU

Bonta says Wedgewood buys foreclosed properties, fixes them up, and flips them as fast as possible. The case centers on Wedgewood’s evictions from …

     
 
 

Detroiters decry World Economic Forum – Liberation News

Liberation News

… by the banks’ loan schemes and mass foreclosures since 2008. … people,” said Jerry Goldberg, a PSL organizer and anti-foreclosure attorney.

     
 
  WEB  
 

Foreclosure Trends 2022: What Mortgage Default Servicing Firms Can Expect – Provana

Provana

Mortgage default servicing law firms should consider these foreclosure trends related to compliance management heading into 2022.

     
 
 

Literary Tavern foreclosure case – DocumentCloud

DocumentCloud

NAILAH K. BYRD CUYAHOGA COUNTY CLERK OF COURTS 1200 Ontario Street Cleveland, Ohio 44113 Court of Common Pleas New Case Electronically Filed: …

     
 
 

2021LCO08658-R00-AMD.pdf – Connecticut General Assembly

Connecticut General Assembly

“AN ACT CONCERNING FORECLOSURE, ASSIGNMENT AND. OTHER ENFORCEMENT ACTIONS FOR UNPAID SEWER. ASSESSMENTS AND OTHER FEES AND CHARGES.”.

     
 
 

Purchase Foreclosure before it goes to auction – BiggerPockets

BiggerPockets

I just learned of a family friend’s house that is getting foreclosed on … be aware of and what kind of when buying pre-foreclosed properties?

     
 
 

37 Foreclosure Legal Assistant Jobs in Red Bank NJ Near Me | LawCrossing.com

Law Crossing

37 Foreclosure Legal Assistant Jobs in Red Bank are now available on LawCrossing.com, America’s #1 Legal Job Site. Your legal job search ends here …

     
 
 

Reverse Mortgage Foreclosure in Georgetown Texas $239,5 – Pinterest

Pinterest

Jul 2, 2015 – Foreclosure Georgetown Texas – Luxury home built by Jimmy Jacobs custom homes in 2008. Bank owned reverse mortgage foreclosure.

     
 
 

Foreclosure/Trustee Auction – E-20566

Auction.com

Foreclosure/Trustee Auction – E-20566. Northern California Public Foreclosure Sale (E-20566). Filter Properties By. Property Type. Single-Family …

     
 

 

     
  Mortgage Fraud Daily News Update ⋅ December 9, 2021  
     
 

Grand Rapids man sentenced for role in mortgage fraud | The Daily News

The Daily News

The sentencing of Brian VanFarowe, 60, was adjourned on Nov. 18 after Montcalm County Circuit Court Judge Suzanne Kreeger said she was not inclined to …

Grand Rapids man sentenced for role in mortgage fraud | West Michigan – Michigan

Full Coverage

     
 
 

Erie’s DeShandra Chappell survived a mortgage fraud scheme years ago – GoErie.com

GoErie.com

DeShandra Chappell, 43, was determined not to lose her westside home as the result of a widespread Erie mortgage fraud scam more than a decade …

     
 
 

DeShandra Chappell: Erie resident survives mortgage scheme – GoErie.com

GoErie.com

Chappell, 43, purchased her home in the 600 block of East Third Street years ago from a business at the center of a widespread mortgage fraud scam.

     
 
 

Christmas jingle to warn customers over loan fraud – Yahoo News

Yahoo News

The song explains the risks of loan fee fraud and how to spot a potential fraud.

     
 
 

Former Phoenix police officer faces fraud charges after submitting fake loan application

Arizona’s Family

The loan was originally intended to help businesses struggling from the … Richardson and Mitchell face federal charges of conspiracy, bank fraud …

     
 
 

New Study Finds the ‘True Cost’ of Taking Out a Loan Can More Than Double Thanks to Interest

Yahoo Finance

While taking out a mortgage or a car loan is not unusual, many people… … Christmas jingle to warn customers over loan fraud. 4h ago. MoneyWise …

     
 
 

Better.com CEO apologizes for botching layoffs, anonymously leaking video – The Real Deal

The Real Deal

Mortgage originator Better.com CEO Vishal Garg has apologized for his handling … Better.com CEO Vishal Garg accused of fraud, hostile workplace …

     
 
 

Former Phoenix police officer faces fraud charges | Arizona News | azfamily.com

Arizona’s Family

Toni Richardson is accused of submitting a fake Paycheck Protection Program loan application to a bank and receiving over $1.2 million in …

     
 
 

Financial watchdog releases Christmas anti-fraud jingle to help consumers scupper loan fee …

Money Saving Expert

The finance watchdog has released a Christmas jingle music video as part of an anti-fraud campaign to help protect consumers from loan fee fraud …

     
 
 

In extremis — PPP Money Is Not “Free” So Applicants & Recipients Need to Beware – JD Supra

JD Supra

This loan forgiveness was conditioned on, among other things, … To support the fraudulent PPP loan applications, Price also submitted fraudulent …

     
 
 

Elizabeth Holmes’ Defense Rests In Theranos Criminal Fraud Trial – Forbes

Forbes

Elizabeth Holmes’ lawyers rested their defense in her fraud trial Wednesday after the founder and former CEO of Theranos testified for seven days, …

     
 
 

The IRS, Fraudulent Transfers, and Transferee Liability | Freeman Law – JDSupra

JD Supra

The IRS uses fraudulent transfer law and “transferee” liability tools to. … upon default under a mortgage, deed of trust, or security agreement.

     
 
 

CFPB Flags Mortgage Servicing, Fair Lending Issue in Supervisory Highlights Report | ABA …

ABA Banking Journal – American Bankers Association

The bureau flagged several areas where issues were observed, including credit card account management; debt collection; deposits; fair lending; …

     
 
 

Anti-Money Laundering Regulations for Real Estate Transactions – InsuranceNewsNet

InsuranceNewsNet

FOOTNOTE 34 See, e.g., “Mortgage Loan Fraud: An Industry Assessment … to provide information on suspected mortgage fraud and money laundering …

     
 
 

PPP Fraud: Former Phoenix Police Officer Indicted – Patch

Patch

Prosecutors claim that The Lotto Club only began making transactions through a payroll provider after it received the PPP loan. PPP loan forgiveness …

     
 
 

Warning: Watch out for fake emails claiming to be from Martin Lewis as more than 300 …

Money Saving Expert

The email could result in your personal and financial information falling into the hands of fraudsters. Action Fraud – the national reporting centre …

     
 
 

Weak loan demand, low net interest margins, and cyber threats continue to harm banks …

Banking Exchange

“The conclusion of these programs creates increased compliance responsibilities, high transaction volumes, and new types of fraud, …

     
 
 

Defense team rests in Elizabeth Holmes fraud trial – MarketWatch

MarketWatch

Fallen entrepreneur Elizabeth Holmes has finished her attempt to persuade a jury that she suffered lapses in business judgment but never engaged …

     
 
 

Holmes Testimony in Theranos Fraud Trial Nears End – BNN Bloomberg

BNN

Confronted with tough questions on the witness stand last week, as she defends herself against criminal fraud charges, Holmes admitted to errors …

     
 
 

Fraudsters ‘ruining Christmas’ with £4,500 courier con – The Telegraph

The Telegraph

TSB Bank has warned of a surge in fraudulent text messages from criminal … close to 1,500 reports of loan fraud in the 12 months to November.

     
 
 

Carr: Shop Safely and Beware of Scams this Holiday Season – Georgia Attorney General

Georgia Attorney General – Georgia.gov

Tips for safe shopping and avoiding scams during the holidays: … Credit cards offer greater protections against fraud than cash, checks or debit …

     
 
 

Defense team rests in Elizabeth Holmes fraud trial – Times Union

Times Union

SAN JOSE, Calif. (AP) —. Defense lawyers in the criminal fraud trial of fallen entrepreneur Elizabeth Holmes rested their case Wednesday, …

     
 
 

CO-OP Adds Fraud Score Tool to COOPER Platform | Credit Union Times

Credit Union Times

The solution is designed help credit unions more accurately detect payments fraud as risks remain high.

     
 
 

Car Fire On Rail Tracks + McDonald’s Splenda Melee + PPP Fraud | Atlanta, GA Patch

Patch

An Atlanta man has been sentenced for obtaining a fraudulent Paycheck Protection Program loan for $160,000, some of which he used to purchase a Range …

     
 
 

The New German Government Is Looking To Tackle Corporate Misconduct – Criminal Law – Germany

Mondaq

The Serious Fraud Office has ended its 15-year pursuit of a property tycoon suspected of involvement in a £50 million mortgage fraud.

     
 
 

Southampton Daily: Investment Advisor Fraud + Vaccine Clinics – Patch

Patch

Southampton Daily: Investment Advisor Fraud + Vaccine Clinics … Daily is brought to you in part by Newrez, a leading nationwide mortgage lender.

     
 
 

Identity Theft: Americans Are Still Surprised When They’re a Victim of the Most Common … – Benzinga

Benzinga

Loan fraud – 7%; Phishing scams – 7%; Tax fraud – 5. “Sixty-four percent of respondents use a credit monitoring service, either free or paid …

     
 
 

Citron Buys The Dip In Nuvei, Says ‘No Proof Of Fraud‘ In New Short Seller Report … – Benzinga

Benzinga

Nuvei Corp (NASDAQ:NVEI) shares dropped 36% on Wednesday a…

     
 
 

Streamlining the home buying experience with a customer-centric approach

Mortgage Finance Gazette

Peter O’ Connor, Managing Director at Capita Mortgage Software Solutions, takes a look at how we can create a better home buying experience for …

     
 
 

‘Chicago Med’ Bosses Tease Fall Finale Is ‘Full of Surprises’ (Exclusive) | whas11.com

WHAS11

“We bring the [Medicare fraud storyline] to a head. It has a very explosive end to it and that’s in our fall episode,” teases Frolov.

     
 
 

BREAKING NEWS: Attorney Mark Smith guilty in GHURA fraud case – The Guam Daily Post

The Guam Daily Post

It took a federal jury about one day to convict Mark Smith, a former attorney for the Guam Housing and Urban Renewal Authority, …

     
 
 

Unemployment Fraud: Suspected Colorado Scammers Net Over $73M in Benefits | GOBankingRates

GOBankingRates

See: Scam Alert: IRS Warns of Scammers Asking for Gift Cards for Tax Payments … 15 Mortgage Questions To Ask Your Lender …

     
 
 

Bulls’ Four-Game Winning Streak Snapped As They Lose To Cavs – CBS Chicago

CBS Chicago – CBS Local

The Cavaliers have won five in a row over the Bulls at Rocket Mortgage FieldHouse. … READ MORE: DHS Says COVID Relief Loan Fraud Is Widespread, …

     
 
 

Defense team rests in Elizabeth Holmes fraud trial | National News | postregister.com

Post Register

SAN JOSE, Calif. (AP) — Fallen entrepreneur Elizabeth Holmes has finished her attempt to persuade a jury that she suffered lapses in business …

     
 
 

Vishal Garg: CEO who fired 900 employees on Zoom has allegations of fraud, further abuse claims

NZ Herald

… 900 employees on Zoom has allegations of fraud, further abuse claims … the list of indiscretions against the mortgage boss is growing fast.

     
 
 

State Police Investigating Scam Text Messages in Atglen – MyChesCo

MyChesCo

ATGLEN, PA — State Police in Chester County are investigating a scam where … II Forward and Home Equity Conversion Mortgage Loan Limits for 2022 …

     
 
 

Goldman Sachs must again face crisis-era securities fraud class action | Financial Post

Financial Post

Goldman Sachs must again face crisis-era securities fraud class action … Posthaste: Canadians embarked on a $193B mortgage binge during the …

     
 
 

Third of population consider themselves vulnerable – Mortgage Introducer

Mortgage Introducer

“And they must start carrying out vulnerability checks just as rigorously as they carry out credit, fraud and affordability checks.

Fannie mae scandal – safari ntt – safari ntt

Full Coverage

     
 
 

Defense team rests in Elizabeth Holmes fraud trial | National | idahostatejournal.com

Idaho State Journal

Defense team rests in Elizabeth Holmes fraud trial. By MICHAEL LIEDTKE Associated Press … Free Rent or Mortgage for a Year! Silver Stars 2021.

     
 
 

Former insurance agent sentenced to prison for wire fraud scheme that defrauded clients …

Shore News Network

Boser pleaded guilty to wire fraud in August 2021. … The clients included private investigators, process servers, mortgage and field service …

     
 
 

Moody’s assigns Aaa to Alabama Housing Finance Authority Multifamily Tax-Exempt …

Yahoo Finance

Rating Action: Moody’s assigns Aaa to Alabama Housing Finance Authority Multifamily Tax-Exempt Mortgage-Backed Bonds, (Peppertree Place Project) …

     
 
 

Sky-high house prices are destroying the mortgage-free retirement dream – The Telegraph

The Telegraph

Image of Log burners: how much are they and will they save you money? ‘Hello mum’ WhatsApp scam skyrockets, costing parents thousands.

     
 
 

FSRA Launches Auto Insurance Guidance to help ensure Consumers are Treated Fairly

Newswire.ca

Financial Services Regulatory Authority of Ontario. Also from this source. FSRA takes steps to help detect and prevent mortgage fraud… FSRA …

     
 
 

Defense team rests in Elizabeth Holmes fraud trial | National | caledonianrecord.com

Caledonian Record

Defense lawyers in the criminal fraud trial of fallen entrepreneur … Counties where mortgage payments have jumped the most in the past two years.

     
 
 

FTC warns consumers about growing threat of gift card scams – ConsumerAffairs.com

ConsumerAffairs.com

The Federal Trade Commission is warning consumers to be on the lookout for gift card scams since they have increasingly been used by scammers.

     
 
 

Holmes ends defense in Theranos fraud trial – AOL

AOL

The Latest from our Partners · Latest mortgage news: Rates stay low, extending refi opportunity · 5 ways a personal loan could help you save money.

     
 
 

Great Las Vegas Home Prices Up a Record 22 Percent Annually in November – WORLD …

World Property Journal

… pace” over the next several months as mortgage interest rates rise. … Supply Chain Fears Drive New Home Sales · U.S. Mortgage Fraud on the …

     
 
 

Capital One Savor Benefits Guide | Bankrate

Bankrate.com

The Capital One Savor also provides several features geared toward safeguarding account data and protecting cardholders from fraud.

     
 
 

Defense team rests in Elizabeth Holmes fraud trial | National News | idahopress.com

Idaho Press

Mortgage Free for a Year! Dining & Entertainment; BCT Boise Contemporary Theater; All Is Calm.

     
 
 

More people are seeking alternative credit | Peer2Peer Finance News

Peer2Peer Finance News

Subscription loan provider Creditspring, which offers fixed cost and low-risk credit … Loan fee fraud set to soar ahead of festive season …

     
 
  WEB  
 

DHS Says COVID Reduction Mortgage Fraud Is Widespread, And One Of The Largest …

Best Investments Now

CHICAGO (CBS) — Who can neglect now-suspended Markham police Officer Kenneth Muldrow, who acquired cash by way of a COVID reduction mortgage and …

     
 
 

DIRTY DEEDS DONE DIRT CHEAP: The Successor Trustee & Non-Judicial Mortgage Fraud

Latest Breaking News

In a judicial foreclosures state there’s a regular dwelling mortgage which embrace the logical two the events, a borrower and a lender who’ve a …

     
 
 

Sell More Using Creativity Principles | Things to sell, Selling real estate, Creative – Pinterest

Pinterest

Mortgage Fraud, 5.9.2014 World Peace, Read News, In Hollywood, Stock. Mortgage Fraud, 5.9.2014. More information.

     
 

 

     
  FRAUD STOPPERS Daily News Update ⋅ December 9, 2021  
     
 

Crime Stoppers: Police need help in fraud, homicide, and assault cases | WLNS 6 News

WLNS

The Lansing Police Department is asking the public for help in three cases this week. One fraud case, one homicide case and one man is wanted for …

     
 
 

Pennsylvania State Police look to identify theft suspect in parts of PA and NY – PAhomepage.com

PAhomepage.com

… are looking for the public’s help to identify a female theft and fraud suspect. … Tips can also be left with Pennsylvania Crime Stoppers at …

     
 
 

Crime Stoppers of Houston gifts $20000 to plumber who found money in Lakewood Church wall

WHNT

At the time, Crime Stoppers of Houston offered a cash reward of up to … He still faces 88 counts of wire fraud and 34 counts of aggravated …

     
 
 

Omaha family falls victim to new cash app scam, warns others – WOWT

WOWT

(WOWT) – One Omaha family warns others of a very costly scam that tricks you into one simple click and opens the door to your bank account.

     
 
 

Man from Iroquois charged in $1-million fraud probe of yacht sales | Ottawa Citizen

Ottawa Citizen

Steven Desjourdy of the Ottawa Police Service organized fraud unit at 613-236-1222 ext. 5460. Anonymous tips can be submitted to Crime Stoppers at 1- …

     
 
 

Defense team rests in Elizabeth Holmes fraud trial | WOWK 13 News

WOWK

SAN JOSE, Calif. (AP) — Fallen entrepreneur Elizabeth Holmes has finished her attempt to persuade a jury that she suffered lapses in business …

     
 
 

Defense team rests in Elizabeth Holmes fraud trial | FOX31 Denver – KDVR

KDVR

SAN JOSE, Calif. (AP) — Defense lawyers in the criminal fraud trial of fallen entrepreneur Elizabeth Holmes rested their case Wednesday, …

     
 
 

Elizabeth Holmes defense team rests its case in fraud trial | WSAV-TV

WSAV-TV

SAN FRANCISCO (AP) — Elizabeth Holmes’ defense team has just rested its case in the former entrepreneur’s fraud trial. The judge has tentatively …

     
 
 

CRIME STOPPERS: Springfield police search for fugitive known as “Bando Brown.” – KY3

KY3

CRIME STOPPERS: Springfield police search for fugitive known as “Bando Brown.” … say he’s part of a fraud scheme involving used car dealership.

     
 
 

Soldier sentenced for visa fraud, false statements – San Antonio Express-News

San Antonio Express-News

Maryam Movsum Hasanova, 35, pleaded guilty in October to one count of visa fraud. She was also ordered to be promptly deported from the U.S. and …

     
 
 

Former Athens superintendent pleads guilty to conspiracy, fraud charges – WAFF

WAFF

Former Athens superintendent, William Lee “Trey” Holladay has entered a guilty plea for federal conspiracy and fraud charges.

     
 
 

Most Wanted Wednesday: We feature some of SWFL’s most wanted suspects; Dec. 8 – WINK News

WINK News

Here are three fugitives wanted by Southwest Florida Crime Stoppers. … It’s unclear at this point if she had committed identity fraud, …

     
 
 

Iroquois, Ont., man, 73, charged in $1-million fraud probe of yacht sales involving city police, FBI

Canada.Com

Steven Desjourdy of the organized fraud unit at 613-236-1222 ext. 5460. Anonymous tips can be submitted to Crime Stoppers at 1-800-222-8477 or at …

     
 
 

Insurance agent sentenced to 2 years in wire fraud case – KTVZ

KTVZ

SEATTLE (AP) — A Snohomish insurance agent was sentenced to two years in prison after pleading guilty to wire fraud in the theft of premium …

     
 
 

Defense team rests in Elizabeth Holmes fraud trial – KTVZ

KTVZ

SAN JOSE, Calif. (AP) — The defense team for fallen Theranos founder Elizabeth Holmes rested its case Wednesday in Holmes’ criminal fraud trial, …

     
 
 

Here are some of the most sought after suspects in SWFL. December 8th – Florida News Times

Florida News Times

If you see them, please contact the crime stopper or your local law enforcement agency. Call 1-800-780-TIPS (8477). Here are the three fugitives …

     
 

 

 

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!

LIST OF FORECLOSURE LAWS BY STATE

Get In Touch

Phone / Fax

Phone: 800-459-1215

Fax: 844-318-3941

Email

info@fraudstoppers.org

Hours: CST

Mon: 10am - 5pm
Tue: 10am - 5pm
Wed: 10am - 5pm
Thur: 10am - 5pm
Fri: 10am - 5pm
Sat: Closed
Sun: Closed

Send A Message

 

Fraud Stoppers Logo

THIS SITE IS NOT INTENDED TO BE MISCONSTRUED AS LEGAL ADVICE. FRAUD STOPPERS is a Private Members Association PMA. FRAUD STOPPERS PMA is NOT a law firm, non-profit organization, or government agency.  FRAUD STOPPERS PMA does not operate in the public sector. Although this website is visible to the public  FRAUD STOPPERS PMA does not intend for any information contained in this website to be considered as legal advise.

The information about Foreclosure law and other legal information provided on this website does not, and is not intended to, constitute legal advice; instead, all information, content, and materials available on this site are for general informational purposes only.  Information on this website may not constitute the most up-to-date legal or other information.  This website contains links to other third-party websites.  Such links are only for the convenience of the reader, user or browser; FRAUD STOPPERS and its members do not recommend or endorse the contents of the third-party sites.

Readers of this website should contact their attorney to obtain advice with respect to any particular legal matter.  No reader, user, or browser of this site should act or refrain from acting on the basis of information on this site without first seeking legal advice from counsel in the relevant jurisdiction.  Only your individual attorney can provide assurances that the information contained herein – and your interpretation of it – is applicable or appropriate to your particular situation.  Use of, and access to, this website or any of the links or resources contained within the site do not create an attorney-client relationship between the reader, user, or browser and website authors, contributors, contributing law firms, or committee members and their respective employers. This site provides “information” about the law and is only designed to help users safely cope with their own legal needs. But legal information is not the same as legal advice — the application of law to an individual’s specific circumstances.

The views expressed at, or through, this site are those of the individual authors writing in their individual capacities only – not those of their respective employers, FRAUD STOPPERS, or committee/task force as a whole.  All liability with respect to actions taken or not taken based on the contents of this site are hereby expressly disclaimed.  The content on this posting is provided “as is;” no representations are made that the content is error-free.

For instant access to an affordable local competent attorney click here

 

Spread the love
Yum