Qui Tams, Class Actions, and Mass joinders in Wrongful foreclosure and Mortgage Fraud Lawsuits?
Qui Tam? Class Action? Mass joinder? Wrongful foreclosure?
by Neil Garfield
The problem with qui tam in connection with mortgages and foreclosures is that they have not yet worked except in rare instances. The biggest hurdle seems to be that the agency that supposedly got defrauded (e.g. FDIC) by false claims steps forward and says it was OK. You can’t force them to admit that they were defrauded and if they are unwilling to do so, there is no possible claim. The false claims act apparently needs amendment such that an agency may not ratify or forgive criminal behavior.
The second thing that usually trips up a qui tam action is that the relator must be someone with specific knowledge that is outside of the public domain and specific to that individual. Most such actions are dismissed because they are merely disguised class actions.
The third thing that is an obstacle to a successful qui tam action is that the expense of litigation is much higher than ordinary litigation. So most people file such actions in the hope of a state AG or the US AG accepting the action and litigating it. If the AG steps on it, the inference is raised that the qui tam lacks merit or can’t be raised to the necessary level of proof — making it that much harder to prove a prima facie case.
All that said, the reason why people keep trying to go for qui tam actions is that the rewards can be enormous. One person received $31 million in a settlement. See stories on Lynn Simoniak.
My personal preference (which could be dead wrong) is a mass joinder action in which homeowners who have or had loans claimed as securitized by one specific REMIC trust scheme, bring a claim essentially stating that it was all a lie. I like it because proving that the loan was not securitized is actually quite simple in discovery.
You end up not actually proving it, but rather blocking the opposition from introducing any evidence that the transaction was a loan and was securitized. If there is no evidence supporting the securitization of the “loan” the claims of the lawyers, servicer, trust and trustee are left without any foundation. And once that is the case any past, current or future foreclosure judgments or sales are void, not merely voidable.
Without securitization (or some other enforceable agreement detailing the rights between the owner of the underlying obligation and the foreclosure players) there is no right, title or interest in the debt, note or mortgage and no authority to administer, collect or enforce.
Foreclosure News Daily update ⋅ November 3, 2020 |
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Mortgage Fraud & Foreclosure Daily update ⋅ November 3, 2020 |
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Despite nationwide decline, Orlando still among top areas for mortgage fraud Orlando Business Journal Orlando — and five other Florida metros — continues to rank among the top metro areas for mortgage fraud, despite small reductions in fraudulent … |
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Jacksonville — and the rest of Florida — among top areas for mortgage fraud Jacksonville Business Journal South Florida ranks among the top metro areas for mortgage fraud, despite small reductions in fraudulent applications. According to an Oct. 28 … |
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Despite nationwide decline, South Florida still among top areas for mortgage fraud South Florida Business Journal Fraudulent mortgage applications fell 26% nationwide in the second quarter of 2020. An estimated 1 in 164 mortgage applications contained … |
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Roofing exec faces more charges in PPP loan scam Business Observer New charges against Casey David Crowther include mortgage fraud. by: Business Observer Staff. FORT MYERS — More federal charges have been … |
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NY Pilot It also involves the money transfers. It is also called mortgage fraud. The reason that it is referred to as this is that the fraud generally takes place with the … |
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Behind on your mortgage? Just scam the IRS Mortgage Professional America Between 2015 and 2016, Crawford, along with co-conspirators, promoted and sold a “mortgage recovery” tax fraud scheme. Under the scam … |
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Analytics wins by a landslide to curb voter and election fraud GCN.com What’s the difference between voter fraud and election fraud? … If home buyers can secure a mortgage through a secured app or website, certainly … |
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Lawyer is accused of working for Stanford, 2 law firms while collecting disability payments ABA Journal Prosecutors charged Lawrence Rufrano, 66, with wire fraud for allegedly maintaining that he was unable to work while … Rufrano has expertise in digital currency and mortgage-backed securities, according to online descriptions. |
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FCA extend financial protections for second lockdown Choose Mortgage customers are also eligible for payment deferrals, while … of potential scams and fraud: figures from Barclays in August found scams had … |
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Department of Financial Protection and Innovation Secures Reimbursements for Victims of Eco … EIN News DFPI continues to investigate fraudulent practices in the PACE financing … including state-chartered banks and credit unions, student loan servicers, … |
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‘How $3m home landed in my lap’ The Australian READ MORE:Bureaucrat pleads guilty to fraud scam|Public servant’s guilty pleas to $22m … “All he said was ‘I’ve organised a personal loan‘. |
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Financial Emergency! Protect Yourself Against the Unexpected Eurweb.com That may mean making extra payments on a loan rather than paying just the minimum balance due. Interest is calculated based on your balance, … |
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Free Mortgage Fraud & Foreclosure Defense Documents FRAUD STOPPERS Free Mortgage Fraud & Foreclosure Defense Documents. If you or someone you know is facing foreclosure or experiencing financial hardships due to … |
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Mortgage fraudster succeeds in Supreme Court DWF A recent Supreme Court decision has held that a mortgage fraud claim was not barred by the illegality defence. Read our review of the case. |
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Despite nationwide decline, South Florida still among top areas for mortgage fraud Path of Ex Six Florida metros are among the top U.S. locations for mortgage fraud. |
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Poughkeepsie, Newburgh Rank #1 in Country for Mortgage Fraud News Break There are many types of fraud that can take place when someone applies for a mortgage. Most of the time it involves falsifying information to receive … |
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Veterans Affairs Mortgage Lender Fraud Investigation Migliaccio & Rathod LLP Migliaccio & Rathod LLP is currently investigating nine separate Veterans Affairs (VA) mortgage lenders for false representations made in promotional … |
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CFPB Final Debt Collection Rule v. NPRM FRAUD STOPPERS Foreclosure Help, Mortgage Audits, Legal Docs, Lawsuits, Loan Mods, Bankruptcy, Short Sales, Attorneys, Pro Se Support, Credit Repair & more. |
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Stoffel v Grondona – does fraud pay? Kennedys The claimant participated in a mortgage fraud: She entered into an agreement to “lend” her credit rating to Mr Mitchell; Mitchell bought a flat for £30,000 … |
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Jacksonville – and the rest of Florida – among top areas for mortgage fraud Spot On Florida Six Florida metros are among the top U.S. locations for mortgage fraud. (3 Nov 2020, 12:23 am) |
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Despite nationwide decline, South Florida still among top areas for mortgage fraud Spot On Florida Six Florida metros are among the top U.S. locations for mortgage fraud. (2 Nov 2020, 07:48 pm) |
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Despite nationwide decline, South Florida still among top areas for mortgage fraud Newstral.com News that are related to the article bizjournals.com: «Despite nationwide decline, South Florida still among top areas for mortgage fraud» from papers … |
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Despite nationwide decline, South Florida still among top areas for mortgage fraud IQ Stock Market L.A. BizNews · By Last updated Nov 2, 2020. Six Florida metros are among the top U.S. locations for mortgage fraud. Read More · BankingFinance. |
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