Mortgage Fraud Daily News Update ⋅ December 10, 2021

 
     
 

Former Phoenix police officer arrested for PPP loan fraud – TheGrio

TheGrio

Former officer Toni Richardson is facing federal fraud charges after allegedly falsifying an application for the Paycheck Protection Program.

 

 

 

 
 

NJ man gets over 2 years for stealing more than $481K in federal COVID relief funds – New York Post

New York Post

In June 2020, Lopez filed a fraudulent PPP loan, intended to help small … expenses of roughly $192,000 and other mortgage and utility expenses.

 

 

 

 
 

Middlesex Man Sentenced to 30 Months in Prison for Paycheck Protection Program Fraud

Department of Justice

On June 24, 2020, Lopez caused to be submitted a fraudulent PPP loan … such as payroll costs, rent, utilities, and interest on mortgages.

 

 

 

 
 

Gift Card Scams Spiked In 2021. Here’s How To Avoid Getting Duped – Forbes

Forbes

Unlike other forms of fraud, where scammers might access money through your bank account, credit card or debit card, gift card scams make you do the …

 

 

 

 
 

Average US long-term mortgage rates hold firm another week – Houston Chronicle

Houston Chronicle

Houston hair entrepreneur convicted on $1.9M in PPP loan fraud … Mortgage buyer Freddie Mac reported Thursday that the average rate on the …

 

 

 

 
 

Decatur Man Sentenced To Prison For $160K Fraudulent Loan – Patch

Patch

DECATUR, GA — A Decatur man was sentenced to serve two years after obtaining a $160,000 fraudulent loan from the Paycheck Protection Program …

 

 

 

 
 

Middlesex Man Sentenced to 2 Years for PPP Fraud Scheme, Obtaining Funds from Stolen …

RLS Media

On June 24, 2020, Lopez caused to be submitted a fraudulent PPP loan application to a lender on behalf of Company-1, a purported business that …

   

Flag as irrelevant

 
 

LA Broker Sentenced To 10 Years For Role In Pandemic Relief Scheme – Inman

Inman

This isn’t the end of Dadyan’s legal troubles. She and her husband are still awaiting trial on state mortgage fraud charges, according to the report.

 

 

 

 
 

Officer used $1.2 million in COVID loans for personal expenses in Arizona, feds say – The Fresno Bee

The Fresno Bee

… over $1.2 million in PPP loans was arrested on federal fraud charges. … a loan program established by the federal government during the …

 

 

 

 
 

‘Like a heavy anchor, he’s taken his entire family down’: Operator of credit repair business …

MarketWatch

… with his family to run a sweeping credit card fraud at Lowe’s. … ID to obtain an auto loan to purchase a 2018 Hyundai Genesis for $73,000.

 

 

 

 
 

Montana woman arrested on North Dakota fraud charge, will be extradited to Bismarck …

The Bismarck Tribune

A Montana woman accused of putting her father-in-law’s name on a home mortgage and taking money from her in-laws’ Bismarck bank account for the …

 

 

 

 
 

In extremis — PPP money is not “free” so applicants & recipients need to beware – Lexology

Lexology

Price falsely represented the number of employees and payroll expenses in each of the PPP loan applications. To support the fraudulent PPP loan …

 

 

 

 
 

Underwater homes in Nevada, once the majority, now a rarity

Nevada Current

Homeowners with mortgages (just under two-thirds of all properties in the … Nevada leads nation in risk for mortgage fraud, says analyst by Dana …

 

 

 

 
 

Mortgage rates barely move. Investors await Fed’s next steps amid concerns about omicron …

MarketWatch

Upcoming data on inflation could push interest rates higher if it means that central bankers take swifter action.

 

 

 

 
 

Average US long-term mortgage rates hold firm another week – Alton Telegraph

Alton Telegraph

Wood River woman charged with fraud, theft, forgery … Mortgage buyer Freddie Mac reported Thursday, Dec. 9, that the average rate on the …

 

 

 

 
 

Average US long-term mortgage rates hold firm another week – WSB-TV

WSB-TV

Mortgage buyer Freddie Mac reported Thursday that the average rate on the benchmark 30-year, fixed rate home loan ticked down this week to 3.10% from …

 

 

 

 
 

Everyone except the Government is getting better at protecting us from scams – The Telegraph

The Telegraph

The industry’s efforts to stop fraud are mere stocking fillers – where is the main event?

 

 

 

 
 

Washington state insurance agent gets two years for wire fraud

Insurance Business America

Clients included private investigators, process servers, mortgage and field service companies, and security guard companies. Boser scammed various …

 

 

 

 
 

Virginia CEO convicted of fraud charges linked to bankruptcy – The Daily Progress

The Daily Progress

Foundation pays off mortgage for family of state trooper slain in Richmond bus terminal. Dec 7, 2021.

 

 

 

 
 

This Chick-fil-A’s holiday party gifts included rent, $1,000 cash and an SUV – Houston Chronicle

Houston Chronicle

Some of the gifts included a month’s rent or mortgage payment, Dyson vacuums, … Houston hair entrepreneur convicted on $1.9M in PPP loan fraud.

 

 

 

 
 

‘I was conned out of £82,000 by people I thought of as family and all they got was a … – Wales Online

Wales Online

mortgages and encouraging people to invest in developments which never happened. The fraud dated back to 2006 and lasted a number of years.

 

 

 

 
 

Prime Structured Mortgage Trust, Series 2021-1 — Moody’s assigns definitive ratings to seven …

Yahoo Finance

The certificates are supported by 1844 prime quality, amortizing, uninsured, conventional fixed rate mortgage loans originated by First National …

 

 

 

 
 

Mortgage Application Fraud Market Revenue, Industry Share Analysis and Forecast by 2026 …

Energy Siren

The research has captured the evolving trends including the technological trends better in the Mortgage Application Fraud market.

 

 

 

 
 

Silverton Mortgage Expands National Footprint with New Offices in Arkansas – Yahoo Finance

Yahoo Finance

Silverton Mortgage, a leading direct residential mortgage lender, has expanded its national footprint with the addition of two new offices in …

 

 

 

 
 

Average US long-term mortgage rates hold firm another week – San Antonio Express-News

San Antonio Express-News

Mexican businessman accused of $30 million fraud scheme in San. … Mortgage buyer Freddie Mac reported Thursday that the average rate on the …

 

 

 

 
 

$174 Million Telemedicine Fraud Scheme Results in Convictions – National Law Review

National Law Review

While this most recent case in Tennessee centered on fraudulent schemes violating the Food, Drug, and Cosmetic Act, telehealth fraud involving …

 

 

 

 
 

Provident Funding Mortgage Trust 2021-INV2 — Moody’s definitive ratings to … – Yahoo Finance

Yahoo Finance

Provident Funding will act as the servicer of the mortgage loans. … part of transaction parties, inadequate transaction governance and fraud.

 

 

 

 
 

Average US long-term mortgage rates hold firm another week – New Haven Register

New Haven Register

Mortgage buyer Freddie Mac reported Thursday that the average rate on the … Feds: Milford man accused of construction project fraud scheme …

 

 

 

 
 

Virginia CEO convicted of fraud charges linked to bankruptcy – Times Union

Times Union

ALEXANDRIA, Va. (AP) — The CEO of a private jet charter company in Virginia has been…

 

 

 

 
 

Former Snohomish insurance agency owner sentenced in federal wire fraud | Washington …

Washington state Office of the Insurance Commissioner – Access Washington

The clients included private investigators, process servers, mortgage and field service companies, and security guard companies. Kreidler’s detectives …

 

 

 

 
 

Senior civil servants demand scrapping of pension policy over fraud – The Guardian Nigeria

The Guardian Nigeria

The association asked for the payment of gratuity as obtainable in Nigerian Armed Forces, stressing that the fraud in the system is making it …

 

 

 

 
 

Unemployment Fraud: Thieves Use Fake Job Ads To Collect Benefits – AOL

AOL

One thing you can always count on is that scam artists will keep coming up with new and inventive … 15 Mortgage Questions To Ask Your Lender.

 

 

 

 
 

Supply and demand imbalance continues to drive housing market, finds Rics

Mortgage Finance Gazette

… meanwhile, likely to continue to be a key factor supporting prices and indeed, even if the cost of mortgage finance does begin to edge up, …

 

 

 

 
 

Moody’s Assigns Definitive Ratings to nineteen CMBS Classes of WFCM 2021-C61 – Yahoo Finance

Yahoo Finance

Wells Fargo Commercial Mortgage Trust 2021-C61 — Moody’s Assigns … including but not limited to by any negligence (but excluding fraud, …

 

 

 

 
 

Glancy Prongay & Murray LLP, a Leading Securities Fraud Law Firm, Continues Its … – Benzinga

Benzinga

Glancy Prongay & Murray LLP (“GPM”), a leading national shareholder rights law firm, continues its investigation on behalf of Reata …

 

 

 

 
 

‘Ruthless’ Actress Rhonda Stubbins White dies at 60 – AOL

AOL

Former Phoenix police officer arrested for PPP loan fraud … Latest mortgage news: Rates stay low, extending refi opportunity.

 

 

 

 
 

Glancy Prongay & Murray LLP, a Leading Securities Fraud Law Firm, Announces the Filing …

Benzinga

Glancy Prongay & Murray LLP (“GPM”), a leading national shareholder rights law firm, announces that a class action lawsuit has been filed on …

 

 

 

 
 

Pivotal Growth buys Lifetime Finance Group

Mortgage Finance Gazette

Pivotal Growth, the mortgage and protection aggregator, has bought Scottish mortgage broker Lifetime Finance Group for an undisclosed fee.

 

 

 

 
 

Central Bank: 100,000 home mortgages owned by vulture funds or sub-prime lenders

Irish Examiner

They also control over two-thirds of all the home mortgage accounts in arrears for over one year.

 

 

 

 
 

BOOK REVIEW: Crime, punishment, and the lack thereof – The Berkshire Edge

The Berkshire Edge

Which, as the DOJ revealed, was a con and fraud. … “Big Dirty Money” looks back to the financial mortgage crisis of 2008.

 

 

 

 
 

Homeowners in the US Enjoyed $3.2 Trillion of Equity Gains in Q3 – World Property Journal

World Property Journal

U.S. homeowners with mortgages (which account for roughly 63% of all properties) have seen their equity increase by 31.1% year over year, …

 

 

 

 
 

Secondary, Broker, Non-QM, Disaster, Dashboard Tools; VA and FHA Changes; Jobless Claims!

Mortgage News Daily

on April 28th, or wishing them a happy “loan-iversary” on the … But fraud is lurking around every corner on the internet, and lenders a seeing a …

 

 

 

 
 

Today’s Mortgage Rates Move Above 3.6% | December 9, 2021

Madison.com

Mortgage rates are higher for all loan types today, with the rate for a 30-year fixed-rate mortgage averaging 3.653%.

 

 

 

 
 

AUSTRAC releases guide for financial services to combat payment fraud – ifa

ifa

The Australian Transaction Reports and Analysis Centre has partnered with Services Australia to fight fraud. AUSTRAC and Services Australia have …

 

 

 

 
 

Central Bank signals it is reluctant to relax mortgage loan limits – Independent.ie

Independent.ie

In a speech at an NUI Galway conference outlining the role of the Central Bank in the housing market, Deputy Governor Sharon Donnery repeatedly said …

 

 

 

 
 

Unemployment Fraud: Thieves Use Fake Job Ads To Collect Benefits | GOBankingRates

GOBankingRates

One thing you can always count on is that scam artists will keep coming … This Instant Shopping Hack · 15 Mortgage Questions To Ask Your Lender …

 

 

 

 
 

WEB

 
 

Understanding the Basics of Mortgage Frauds | myCPE

My-CPE.com

You will also learn about common fraud schemes affecting the mortgage industry. Major topics covered in this CPE webinar: Red flags of mortgage fraud

 

 

 

 
 

Mortgage Fraud Risk Analyst Job in Richmond, VA at Truist | JobSearcher

JobSearcher

Provide fraud risk subject matter expertise in mortgage loan file review and support of underwriting and servicing functions. Following is a summary …

 

 

 

 

 

     
 

Foreclosure Daily News Update ⋅ December 10, 2021

 
     
 

Foreclosures Down for First Time Since Moratorium’s End – RISMedia

RISMedia

The prospect of a foreclosure crisis, which had many observers worried in the summer before the federal government lifted an 18-month moratorium, …

 

 

 

 
 

There’s still no sign of a home foreclosure flood – Dallas Morning News

Dallas Morning News

Fears that there would be a flurry of home foreclosures with the end of moratoriums haven’t played out. Yes, the number of foreclosure filings is …

Sheriff-Sales – Wayne County Sheriff’s Office

How the Foreclosure of Your Pittsburgh House Will Impact You – Pittsburgh Cash Home Buyers

Victim of Foreclosure? – King Trust – King Trust

Full Coverage

 

 

 

 
 

Foreclosure activity dipped near term even as relief measures ended | National Mortgage News

National Mortgage News

At 10,471, foreclosure starts were down 3% on a consecutive-month basis from 10,759 in October but up 99% from 5,256 a year ago.

Deed In Lieu Of Foreclosure | Personal Finance | mcdowellnews.com – McDowell News

FORBEARANCE FORECLOSURES: – Gudgell Group – Wally Gudgell

Full Coverage

 

 

 

 
 

Foreclosures Tick down In November – DSNews

DS News

Despite concerns about a pandemic-driven wave of defaults, mortgage delinquency rates and foreclosure starts have continued to decline due to …

 

 

 

 
 

Foreclosures Tick down In November – Appraisal Buzz

Appraisal Buzz

The news was not completely unexpected as the federal foreclosure moratorium has now been over for four months and forbearance plans come to … The …

 

 

 

 
 

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

IT News Online

Illinois, Florida and Ohio had the highest foreclosure rates · Among the 220 metropolitan statistical areas with a population of at least 200,000, …

Loveland property facing foreclosure – BizWest | R4I Official – R4I Official

Full Coverage

 

 

 

 
 

Mortgage Foreclosure Sale – Stella J. Smith | Legals | auburnvillager.com

Auburn Villager

MORTGAGE FORECLOSURE SALE. Default having been made in the payment of the indebtedness secured by that certain mortgage executed by Roy M. Smith …

Foreclosure Template For Marketing – Northrim Bank – Northrim Bank

Full Coverage

 

 

 

 
 

AG Announces Judgment Against Real Estate Investment Company for Unlawfully Evicting …

East County Today

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

How to Buy a Foreclosure Home? Today at Two Guys Take On Real Estate we are … – Pinterest

Full Coverage

 

 

 

 
 

Foreclosed South Shore home for sale | Crain’s Chicago Business

Crain’s Chicago Business

Set in the landmark Jackson Park Highlands section just south of the golf course, the house was recently foreclosed but retains glimmers of its …

Govt foreclosure, Single home, needs TLC – real estate – by broker -… – Craigslist Baltimore – Craigslist Baltimore

Foreclosed vacant land for sale in michigan – monrayon-desoleil.com

Full Coverage

 

 

 

 
 

Ninth Circuit Finds Bank May Set Aside HOA Sale Conducted During Bankruptcy as Void – Lexology

Lexology

The Bank argued that the HOA foreclosure sale did not extinguish its lien because the sale violated the automatic bankruptcy stay and thus was void …

Job Posting for Foreclosure Legal Assistant at Schiller, Knapp, Lefkowitz & Hertzel, LLP – Salary.com – Salary.com

Full Coverage

 

 

 

 
 

Anderson Mall goes for more than $5 million in online auction – UPSTATE BUSINESS JOURNAL

Upstate Business Journal

Recently, the mall was sold at a foreclosure sale for $3.5 million to Morgan Stanley Bank of America Merrill Lynch Trust.

 

 

 

 
 

An unconstitutional Massachusetts practice robbed one family of seven decades of …

Pacific Legal Foundation

The Massachusetts tax foreclosure statute allows local governments and private investors to seize and sell homes when a tax debt is not paid.

Notice – Foreclosure – Authorization for Homeowners to Apply for an Additional Stay of a … – NJ Courts

Full Coverage

 

 

 

 
 

Sen. Rob Portman and two colleagues propose new requirement for social media companies

Crain’s Cleveland Business

Plus, new data show foreclosures remain a big problem in Cleveland and Ohio, and a study by Cleveland Clinic researchers looks at how the pandemic …

 

 

 

 
 

UrbanFootprint Named to Inc.’s 2021 Best in Business List for Government Services | Business Wire

Business Wire

… to better target eviction, foreclosure, and food relief efforts … of Americans are going hungry and at risk of eviction or foreclosure.

 

 

 

 
 

Underwater homes in Nevada, once the majority, now a rarity

Nevada Current

“These equity gains provided a crucial barrier against foreclosure for the 1.2 million borrowers who reached the end of forbearance in September,” …

 

 

 

 
 

Big landlord to pay big fine + Medical board president says she was harassed + Whitman to Kenya

The Sacramento Bee

… of tenants from properties the firm bought at foreclosure sales. … least 90 days after foreclosure as provided under state and federal law, …

 

 

 

 
 

Miller looks back at councilship in D27 | Eastern/Southeast Queens News | qchron.com

Queens Chronicle

“In the early years, the majority of our funding went into housing and foreclosure prevention.” Miller says that he successfully advocated for more …

 

 

 

 
 

Fitch Assigns Final Ratings to Basecorp RMBS 2021-2 Trust

Fitch Ratings

Sufficient Credit Enhancement: The ‘AAAsf’ weighted-average foreclosure frequency (WAFF) of 20.6% is driven by the weighted-average (WA) unindexed …

 

 

 

 
 

UrbanFootprint Named to Inc.’s 2021 Best in Business List for Government Services – bdtonline.com

bdtonline.com

“Housing relief and food assistance can make all the difference to families facing eviction, foreclosure, or hunger, but many are unaware of aid and …

 

 

 

 
 

The Sixth Circuit Confirms Plaintiff’s Standing Based on an Alleged Denial of a Loan in … – Lexology

Lexology

Fillinger’s application disclosed that Third Federal had foreclosed on a previous … along with three foreclosure cases in 2010, 2012, and 2014.

 

 

 

 
 

U.S. Homeowners Gained Average $57,000 in Equity in One Year – Silicon Valley

Silicon Valley

The surge in prices will also provide a buffer against foreclosure for the 1.2 million borrowers who reached the end of forbearance in September.

 

 

 

 
 

WKYT Investigates | Mortgage mix-up

WKYT

When WKYT’s Garrett Wymer first spoke with them, they were facing possible foreclosure proceedings if they didn’t pay off the lien against their …

 

 

 

 
 

CMS Superintendent Declines Bonus Approved For CMS Employees | Charlotte, NC Patch

Patch

CHARLOTTE, NC — CMS Superintendent Earnest Winston declined a bonus Wednesday night after an emergency meeting to discuss giving employees retention …

 

 

 

 
 

McKee appoints ‘housing czar’ to address crisis of home affordability in RI – The Providence Journal

The Providence Journal

… eviction prevention outreach to tenants in properties facing foreclosure while at Brown University,” according to the governor’s office.

 

 

 

 
 

a360inc Chooses Provana to Bring Expanded e-Filing and Enhanced Data Analytics …

insideARM.com

“The partnership comes at a critical time for foreclosure firms, when scale and flexibility are primary concerns, given the rapidly changing …

 

 

 

 
 

Low Income Homeowners Fund + Adams Announces Schools Chancellor | Sunset Park, NY Patch

Patch

Nydia Velazquez said the fund would “help working class homeowners pay their mortgage, prevent default, foreclosure, and displacement.

 

 

 

 
 

Co-op and Condo Residents Need to Act Fast on Pandemic Relief Funds – Habitat Magazine

Habitat Magazine

foreclosure, loss of utilities or home energy services, or displacement for a homeowner.” Reilly stresses the importance of acting promptly.

 

 

 

 
 

Public Notices | Columbia Star

Columbia Star

A Notice of Foreclosure Intervention was also filed in the Clerk of Court’s Office. Brock & Scott, PLLC 3800 Fernandina Road, Suite 110, Columbia, …

Deutsche Bank National Trust Co. v. McMahon, HHDCV106014007S | Casetext Search + Citator – Casetext

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

Full Coverage

 

 

 

 
 

The Turpin children starved in a squalid trailer by themselves in rural Texas * starcasm.net

Starcasm.net

They had moved to this rural community after their previous house in Fort Worth, Texas was in foreclosure because of their poor financial …

 

 

 

 
 

CoreLogic Reports a $3.2 Trillion Equity Gain for Homeowners in Q3 2021 – MortgageOrb

MortgageOrb

These equity gains provided a crucial barrier against foreclosure for the 1.2 million borrowers who reached the end of forbearance in September.

 

 

 

 
 

Multiple complaints filed towards California real estate investment company – California News Times

California News Times

… tenants of the right to live in real estate under existing rental agreements or for at least 90 days after foreclosure, as required by law.

 

 

 

 
 

What to Expect From the Housing Market in 2022 – MSN

MSN

… more existing homes on the market is the return of foreclosure activity. Moore says she expects what will feel like a surge of foreclosure and …

 

 

 

 
 

How Real Estate Agents could benefit from a Second Stream of Income. – Digital Journal

Digital Journal

Some are one health hiccup away from foreclosure, as so many are. Living Benefits (as a no cost rider) is standard with all Term, Whole Life and …

 

 

 

 
 

superior court of new jersey chancery division atlantic county docket no.

Press of Atlantic City

YOU, JULIA SOLIMANDO, are made party defendant to the above foreclosure action because on October 3, 2001, a judgment was entered in the Superior …

 

 

 

 
 

Logan man sentenced to five years in federal prison for over $5.4 million in business fraud …

Cache Valley Daily

However, when he defaulted on the loans, the victim lost his home in foreclosure. Acting United States Attorney Andrea T. Martinez said the …

 

 

 

 
 

WEB

 
 

foreclosure – Britannica School

Britannica School

House under foreclosure in Salinas, Calif. … foreclosure. House under foreclosure in Salinas, Calif. Brendel Creative Commons Attribution …

 

 

 

 
 

SHARE OF FORECLOSURE STARTS THAT HAVE RESULTED IN INVOLUNTARY LIQUIDATION

Black Knight, Inc.

Source: McDash Property Module. • Current CLTVs represent borrowers equity position at the time of foreclosure start.

 

 

 

 
 

Fundraiser by Morton McManus : Save Morton & Sebastian’s home from foreclosure – GoFundMe

GoFundMe

I am a mentally ill and neurodivergent trans… Morton McManus needs your support for Save Morton & Sebastian’s home from foreclosure.

 

 

 

 
 

ohio.gov

 

 

 

 
 

The Lesser-Known Takeaways for Pending and Future Transactions – American Conference Institute

American Conference Institute

Bankruptcy, Foreclosure, and Debt Conversion and the Interplay with CFIUS: The Lesser-Known Takeaways for Pending and Future Transactions.

 

 

 

 
 

Foreclosure/Trustee Auction – E-19757

Auction.com

Property Type: SFR; Foreclosure/Trustee No: 090814-CA; Item #: E19757-1. Active – Scheduled for Auction. Sale Location: Fresno Superior Courthouse …

 

 

 

 
 

Steven J. Gaither on Twitter: “Epicentre going into foreclosure. Black folks who was tired of …

twitter.com

Epicentre going into foreclosure. Black folks who was tired of Charlotte raising the prices of everything during CIAA: Angry Wife GIF.

 

 

 

 

 

 

Stop Foreclosure, Sue for Breach of Contract 

Now is the perfect time to stand up for your legal rights and sue for beach of contract, mortgage fraud, and foreclosure fraud because the legal tide is beginning to turn, and homeowners are starting to win! In 2016 the California Supreme Court ruled in Yvanova v. New Century Mortgage Corporation (Case No. S218973, Cal. Sup. Ct. February 18, 2016) that homeowners have legal standing to challenge an assignment of the mortgage loan contract in an action for wrongful foreclosure on the grounds that the assignment(s) is/are void. Obviously if the court had ruled differently, the banks would have had carte blanche to forge mortgage assignments with wild abandon. In fact, without a system of endorsements and assignments it would be impossible to determine who has a legitimate interest in the property!

In THE PAPER CHASE: SECURITIZATION, FORECLOSURE, AND THE UNCERTAINTY OF MORTGAGE TITLE ADAM J. LEVITIN writes “the mortgage foreclosure crisis raises legal questions as important as its economic impact. Questions that were straightforward and uncontroversial a generation ago today threaten the stability of a $13 trillion mortgage market: Who has standing to foreclose? If a foreclosure was done improperly, what is the effect? And what is the proper legal method for transferring mortgages? These questions implicate the clarity of title for property nationwide and pose a too- big-to-fail problem for the courts.

The legal confusion stems from the existence of competing systems for establishing title to mortgages and transferring those rights. Historically, mortgage title was established and transferred through the “public demonstration” regimes of UCC Article 3 and land recordation systems. This arrangement worked satisfactorily when mortgages were rarely transferred. Mortgage finance, however, shifted to securitization, which involves repeated bulk transfers of mortgages.

Like many other cases, current trial court decisions are getting reversed because the courts are waking up to the reality of the rule of law. What they have been following is an off the books rule of “anything but a free house.” However a recent Yale Law Review Article eviscerates the assumptions of a free house for the homeowners and destroys the myth that somehow that policy has saved the nation. You can read the Yale Law Review article “In Defense of “Free Houses” for more information on this tide change.

To facilitate securitization, deal architects developed alternative “contracting” regimes for mortgage title: UCC Article 9 and MERS, a private mortgage registry. These new regimes reduced the cost of securitization by dispensing with demonstrative formalities, but at the expense of reduced clarity of title, which raised the costs of mortgage enforcement. This trade-off benefited the securitization industry at the expense of securitization investors because it became apparent only subsequently with the rise in mortgage foreclosures. The harm, however, has not been limited to securitization investors. Clouded mortgage title has significant negative externalities on the economy as a whole.

If your loan contains fraud or it was securitized then your lender may have breached your mortgage loan contract, and therefore your mortgage loan contract could be legally challenged in a court of law. If your mortgage loan contract is declared legally void, then any assignments of the mortgage loan contract, or subsequent assignments, could also be declared legally void.

Securitization is the process of taking an asset and transforming them into a security. A typical example of securitization is a mortgage-backed security (MBS), which is a type of asset-backed security that is secured by a collection of mortgages. Keep in mind that it is perfectly legal for banks to create mortgage-backed securities (MBS’s); however there are significant legal ramifications that will either harm you, or benefit you, depending on what actions you take in response to the fact that your mortgage or deed of trust is legally void resulting in your property, in reality, being unsecured, just like a unsecured credit card debt. What’s in your wallet?

This is why we recommend that you take immediate action and sue for the remedy the law entitles you to, and that you deserve. Treble damages and clear and free title to your home. Not sure if your loan contains mortgage fraud or if it was securitized, no problem, we will do a free mortgage fraud analysis and free Bloomberg securitization search for you.

Many of the programs that had modest success in the early days have fallen into disfavor as banks have enacted strategies to counter their progress. The banks are not going to go down without a serious fight. They have a large arsenal of tools to use, and the legal muscle to keep the industry off balance. This is not a static game. The reason that banks have been successful, for the most part, in protecting the large number of mortgages that were securitized is that there is an intricate web of legal theories that they hide behind to justify what they have done. In effect, they have created a shell game where the ball seems to move around in defiance of the laws of physics.

The banks are relying on a complex interaction between UCC 3 commercial paper law, UCC 9 securitization law, bailment law, agency law and local laws of the jurisdiction where the property is located. They would have us believe that what they have been doing since the 1970’s is perfectly legitimate. Many lawyers who have challenged the banks have gotten close to exposing the scheme only to find that judges retreat away from the complexity of the legal theories involved and fall back on procedural barriers under the auspices of protecting the equitable interests of the banks and their agents.

FRAUD STOPPERS Foreclosure Defense Program has moved the bar forward in many substantial ways:

  • Our Private Administrative process is a targeted approach to Informal Discovery:
  • 3-501. PRESENTMENT or States equivalent
  • Mortgage Error Resolution/Request for Information: If you believe there is an error on your mortgage loan statement or you’d like to request information related to your mortgage loan servicing, you must exercise certain rights under Federal law related to resolving errors and requesting information about your mortgage loan. If you think your credit report, bill or your mortgage loan account contains an error, or if you need more information about your mortgage loan, you send a written letter concerning your error and/or request.
  • Cutting edge mortgage fraud examination and court ready lawsuits and trial ready evidence to win your case
  • Nationwide foreclosure defense attorneys and Pro Se litigation education and support products and services

Subsection of Presentment (example Covenant 8 of UCC3 Note) shows NOTE and under paragraph 1 states: “BORROWER’S PROMISE TO PAY: In return for a loan that I have received, I promise to pay….

MULTI STATE FIXED RATE NOTE–Single Family–Fannie Mae/Freddie Mac UNIFORM INSTRUMENT Form 3200 1/01 (page 1 of 3 pages) Covenant:

  1. WAIVERS

I and any other person who has obligations under this Note waive the rights of Presentment and Notice of Dishonor. “Presentment” means the right to require the Note Holder to demand payment of amounts due. “Notice of Dishonor” means the right to require the Note Holder to give notice to other persons that amounts due have not been paid.

  • 15 U.S. Code § 1692g – Validation of debts

Often a debt collector cannot validate a debt and therefore cannot legally enforce collections.

  • Truth In Lending Act (TILA RESCISSION) codified in 12 CFR Part 226 (Regulation Z); particularly§ 226.34 Prohibited acts and §226.32 sub-paragraph (ii) et seq. predatory lending practices

A mortgage loan covered by the Truth in Lending Act may be rescinded by mailing a Rescission Letter to the purported lender, forcing the purported lender/creditor to oppose that rescission with a lawsuit within 20 days or lose all opposition rights.

  • The primary focus of the legal aspect of our program revolves around taking the theories and best practices that have been most successful around the country and make refinements.

“Here, the specific defect alleged is that the attempted transfers were made after the closing date of the securitized trust holding the pooled mortgages and therefore the transfers were ineffective.

  • Our program seeks to avoid getting mired in the complexity of the various areas of law involved, instead focusing on a simple, focused approach that makes it harder for judges to avoid the strength of our core arguments.
  • The PMA trustees and executive team have a diverse set of skills and significant experience in the core areas that will improve the success factors for our operations.

We have spent an exhaustive amount of time analyzing all of the cases that have been successful in resolving mortgage securitization problems. We have designed our legal information litigation strategy to hit the banks hard and fast where they are most vulnerable.

Our primary focus is on getting clear and marketable title to the property by arguing that the actions of the banks have made the security provisions of the mortgage/deed of trust unenforceable.

Instead of fighting the foreclosure itself head-on, we argue that none of the banks or their agents has the right to enforce the foreclosure provisions of the Mortgage/Deed of Trust. In effect, if none of the banks have standing to enforce the foreclosure provision, we are entitled AS A MATTER OF LAW to a declaratory judgment of Breach of Contract (Security Agreement) that is res judicata, i.e., a permanent ban on foreclosure.

The Stand & Fight Program is a complete program that provides you with everything you need:

  • Administrated Process
  • Court Ready Chain of Title Investigation and Signed Affidavit
  • Complaint along with all exhibits
  • Legal Research
  • Legal Briefs
  • Motions
  • Answers
  • Interrogatories
  • Depositions
  • Case Management for Local Civil Rules of Procedures
  • Training and Support

Take action right now and get the FACTS and HELP that you need to gain the legal remedy that the law entitles you to, and that you deserve!

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Who Owns Your Mortgage Note?

Have you ever asked who owns your mortgage note? A better question to ask is, “If I paid off my mortgage loan tomorrow, would I get clear and equitable title to my real property?” If your mortgage loan contract was converted into a mortgage backed security and sold to an investment trust on Wall Street you might not!

If you are thinking of applying for a loan modification, or refinancing through the Home Affordable Refinance Program (HARP), Home Affordable Modification Program (HAMP), or other program(s) under the Making Home Affordable (MHA) initiative there are a few things to consider.

First, remember that the entity who claims to own your mortgage loan is not automatically the same entity that may be servicing your mortgage loan. A loan servicer is a debt collections company that sends you mortgage statements, takes your payments each month, and if you have an escrow account, pays your homeowner’s insurance and property tax bills. But who really owns your mortgage loan?

If you want to find out here are a few things you can do:

  • Ask the servicer. Your loan servicer is legally obligated to tell you the name, address, and telephone number of the owner of your loan as shown in their records. It’s a good idea to ask them in writing officially with a “Qualified Written Request” via certified mail while keeping a log of your communications. The name of your servicer should be on your mortgage statement, but you can also use the MERS link below.
  • Original lender. Your loan may have never been sold, and still kept as a “portfolio loan” with the original lender. That’s the way loans used to be done!
  • Fannie Mae. In reality, many loans are sold to FNMA aka “Fannie Mae”. See Fannie Mae loan lookup tool.
  • Freddie Mac. Similar story with Federal Home Loan Mortgage Corporation (FHLMC) aka “Freddie Mac”. See Freddie Mac loan lookup tool.
  • Mortgage Electronic Registration Systems, Inc. (MERS) is a big online registry designed to replace the costly process of publicly recording mortgage ownership at the local government level with a private electronic version that allows the swapping of mortgages with no friction at all. MERS tracks both the servicing rights and ownership of mortgage loans in the United States, although the accuracy has been called into question. See MERS ServiceID lookup tool. You can also call them at 888-679-6377 FREE.
  • Search the Securities and Exchange Commission (SEC) for the alleged trust that claims they are the owner of your mortgage loan: https://www.fraudstoppers.org/how-to-search-the-sec-for-a-securitized-trust
  • Register for a Free Mortgage Fraud Analysis and Securitization Search. Complete our Mortgage Fraud Analysis form and we will conduct a free securitization check to see if your mortgage loan contract was converted into a mortgage backed security and who really owns your note. If your loan was securitized than you may have legal standing to sue your lender, or current loan servicer, for mortgage fraud and quiet title. Find out more by completing our Mortgage Fraud Analysis form or call us at 773-877-3655 and we will help you get the facts and evidence you need to get the legal remedy you deserve.

Cases like the Glaski v. Bank of America and Jesinoski v. Countrywide Home Loans may have provided hope for homeowners who were victims of mortgage and foreclosure fraud. But they did not strike at the heart of the real problem behind the securitization of millions of mortgage loans.

The Glaski decision states that if some entity wants to collect on a debt they must first legally own that debt. Furthermore, if that entity is claiming ownership by way of an Assignment, it must prove that Assignment is legally valid.

The Jesinoski case addressed a borrower’s right to rescind, or cancel, their mortgage loan contract under the Truth in Lending Act (TILA) by only providing written notice to the lender, without filing suit. A loan is rescinded at the time the rescission letter is mailed. If the lender wants to refute or fight the rescission they must file an action to do so, and they have limited time to do so.

If your mortgage was securitized (the practice of pooling mortgages and selling their related cash flows to third party investors as securities) then it was part of a table funded transaction. In a table funded transaction the borrower named on the note is NOT in debt to the lender (“Pretender Lender”) because they signed the note in the capacity of an Accommodation Party, or co-signer for the purpose of incurring liability on the instrument without being a direct beneficiary of the value given for the instrument!

The broker, or originator, of the loan is pretending to loan money to the alleged “Borrower“, but in reality they trick the alleged “Borrower” into co-signing on a note that is pledged as collateral on a warehouse line of credit with the funding bank.

It is illegal for banks to loan credit, they can only loan money!

But if the Pretender Lender is not the entity putting up the funds, then there is no underlining indebtedness between the alleged “Borrower” and the originator who is named on the note. And if there is no underlining indebtedness between the parties named on the note, then the mortgage (or deed of trust) vaporizes into nothingness, and is legally unenforceable as a matter of law.

If your mortgage loan contract was part of a table funded transaction and converted into a mortgage backed security that was sold to an investment vehicle, or trust, on Wall Street, then you may have legal standing to rescind your mortgage loan contract, and sue your “Pretender Lender” for Special Damages equal to triple the original amount of your note, plus clear and equitable title to your home!

Fraud Stoppers is part of a National Private Members Association that provides back office litigation support to law firms, foreclosure defense advocacy groups, and pro se litigants nationwide. Our Private Members Association can help you sue your lender for mortgage fraud, with or without an attorney.

Then after our free mortgage fraud analysis is done, we can scheduled a free potential cause of action consultation to discuss your loan and lawsuit in detail and help you get started filing your state and federal lawsuit for the remedy that the law entitles you to, and that you deserve!

You can save 60% to 70% in legal fees when you get your lawsuit started yourself, Pro Se, (without an attorney), and then bring in a local attorney to help you at trial, where you need them the most! This way you can get the best of both worlds: Save money in legal fees, and get the professional help you need at the same time!

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.

For information on foreclosure defense call us at 800-459-1215. We offer litigation support, admissible evidence, expert witness testimony, education, training, and support in all 50 states to attorneys and pro se homeowners.

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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.

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