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July 2017 Article Archive

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Mich. Foreclosure Law is 'gov't‐sanctioned thieving'
livinglies.wordpress.com | July 22, 2017
The Supreme Court of the United States (SCOTUS) is being petitioned by several small property owners in Michigan who argue that they were victimized by the state's abusive foreclosure law that allows the local government to steal their property and make hundreds of thousands of dollars in profit off of them.
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Billions in Student Debt could Disappear Because of Lost Paperwork
livinglies.wordpress.com | July 19, 2017
The latest example of America’s legal system being a total circus might actually help you out–if it doesn’t swindle you first.
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More Trump Populism: Hiring a Bank Lawyer to Attack CFPB Bank Rules
livinglies.wordpress.com | July 21, 2017
President Trump and Republicans in Congress have broadcast their every intention to gut the Consumer Financial Protection Bureau. The president's budget attempted to defund it and leading Republicans have called for its director to be fired and replaced with a more Wall Street-compliant regulator.
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Ocwen to Shell Out $56 Million in Class-Action Settlement
livinglies.wordpress.com | July 21, 2017
Ocwen Financial Corporation (NYSE: OCN) on Thursday announced that has reached a $56 million settlement over a federal class-action lawsuit, the latest in a line of issues for the troubled servicer.
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NY Times: Student Debt Getting Wiped Out by Fraudulent Claims of Securitization
livinglies.wordpress.com | July 18, 2017
So here is an example of why you need to send a DVL (Debt Validation Letter). It turns out that mainstream media and the court system are much more willing to get into bank fraud as to students than they were when it came to homeowners. The facts are the same.
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As Paperwork Goes Missing, Private Student Loan Debts May Be Wiped Away
The New York Times | July 17, 2017
Tens of thousands of people who took out private loans to pay for college but have not been able to keep up payments may get their debts wiped away because critical paperwork is missing
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A Shocking Number of Americans Live in Housing They Can't Afford, According to Harvard Study
livinglies.wordpress.com | July 16, 2017
According to new research by Harvard University, almost 40 million Americans “live in housing they cannot afford.” Homeownership has gone down and rental prices keep going up, meaning that millions of residents are forced to pay more than they reasonably should.
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Massive new fraud coverup: How Banks are Pillaging Homes — While the Government Watches
salon.com | April 23, 2014
Joseph and Mary Romero of Chimayo, N.M., found that their mortgage note was assigned to the Bank of New York three months after the same bank filed a foreclosure complaint against them; in other words, Bank of New York didn't own the loan when they tried to foreclose on it. Read more

Why the Justice Department Fails to Prosecute Executives Hardcover — July 11, 2017
livinglies.wordpress.com | July 12, 2017
Pulitzer Prize‐winning journalist Jesse Eisinger paints a blistering account of corporate greed and impunity, and the reckless and anemic response from the Department of Justice and Department of Treasury where penalties and fines were only implemented to create the illusion of enforcement.
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6th Cir. Bankruptcy Panel Holds Foreclosure Deficiency Judgment May Be Avoided
livinglies.wordpress.com | July 11, 2017
The Bankruptcy Appellate Panel of the U.S. Court of Appeals for the Sixth Circuit recently held that a mortgage foreclosure deficiency judgment lien may be avoided under 11 U.S.C. § 522(f)(2), reversing the bankruptcy court's ruling to the contrary. Read more

It's About to Get a Lot Easier to Sue Your Bank for Screwing You Over — Unless the Republicans Kill the New Regulation
livinglies.wordpress.com | July 11, 2017
It's almost unheard of for the federal government to ban anything done by Wall Street bankers. Maybe the feds ask for banks to provide more disclosure or somehow limit a particularly onerous practice. But a ban, especially in this new era of industry friendliness ushered in by Donald Trump? Yeah, right.
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Why the Justice Department Fails to Prosecute Executives Hardcover — July 11, 2017

Florida Court Rules Bank of America Must Pay Homeowner 6 Years of Attorney Fees on Dismissed Foreclosure Lawsuit
(PR NewsChannel) | June 16, 2016
PALM BEACH Fla. — America's most‐hated bank lost back‐to‐back court motions on Friday when a judge ordered Bank of America Corporation (NYSE:BAC) to pay Author TJ Fisher's 2009‐2014 attorney fees on a dismissed foreclosure lawsuit. The bank's bill is expected to total more than $60,000, court documents reflect. The Goliath bank's recent court loss is unlikely to garner much public sympathy, according to national polls and indexes. The bank consistently tops the list as one of the country's most despised banks and companies.
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Proof of Standing Required: Seffar v. Residential Credit Solutions Inc
livinglies.wordpress.com | July 5, 2017
It is NOT enough to ALLEGE standing. They must PROVE it. Judges across the country are making mistakes with this simple concept. Standing to SUE is presumed if you allege (in words or by incorporation of exhibits) that you have it. Possession of the “original note” can be alleged but at trial the foreclosing party must PROVE (not argue) that (1) they have the original note and (2) they have the right to enforce it either because they own it or because they have been authorized by a person who owns it or a person who has the right to enforce it.
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HSBC in Talks with US to End Crisis-Era Mortgage Probe
Bloomberg | July 5, 2017
HSBC Holdings Plc is in talks to resolve a US probe into its sale of toxic mortgage bonds a decade ago, according to people familiar with matter, a negotiation that could offer an early look at how the Trump Justice Department will deal with global banks.
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Morgan Stanley Nears $400 Million in Consumer Relief for Mortgage Bond Settlement
livinglies.wordpress.com | July 5, 2017
Morgan Stanley is nearly finished with its $400 million consumer relief obligation that is part of the $3.2 billion mortgage bond settlement it reached last year.
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10th Circuit Challenges SCOTUS on TILA Rescission — Pohl v US Bank, "Trustee"
livinglies.wordpress.com | July 3, 2017
“Courts are still inventing doctrine out of whole cloth allowing banks to escape liability and responsibility for their wrongful acts. This decision is so far off the charts that it will most certainly be reversed.”
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