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Letters From the Editor

February 2017

Navient lawsuit: what student loan borrowers need to know
huffingtonpost.com | February 12, 2017
The U.S. Consumer Financial Protection Bureau is suing Navient Corp., the nation’s largest student loan servicer, accusing it of “systematically and illegally failing borrowers at every stage of repayment,” according to a press release from January 18. The CFPB is asking Navient to compensate the borrowers the agency says were harmed.
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David Collins v. Paul Financial, LLC, et al
February 12, 2017
Please find notice of a hearing to be held in the Los Angeles County Superior Court at Burbank on February 24th at 10:30 AM. I urge you all to attend and to bring family, friends, foreclosure victims, advocates and anyone you can think of to pack the courtroom.
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January 2017

MARCIA SWIFT beats ANDY BEAL - We won our motion in Federal Court against Beal
January 29, 2017
BIG WIN for homeowner against the almighty BILLIONAIRE ANDY BEAL. This case labels ANDY BEAL's SECOND SUIT in federal court against the homeowner (while state ct case is still pending) was VEXATIOUS AND CONTRIVED.
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The Return of Non-Prime U.S. RMBS (What Investors Need to Know)
fitchratings.com | January 25, 2017
A new non-prime mortgage market is beginning to emerge in the U.S., almost 10 years after the subprime and Alt-A mortgage markets shut down amid dramatic underperformance. Fitch Ratings expects a notable increase in newly originated non-prime RMBS activity in 2017, though on a significantly smaller scale and with a higher credit quality than pre-crisis origination volume.
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December 2016

Databank of CHF (JPMC) Robo-signers in California
December 7, 2016
ATTENTION CALIFORNIA HOMEOWNERS!!!!!!!! Are you a current, or were you California homeowner (between 2004 and present)? Was CHASE “HOME FINANCE, LLC” (“CHF”) now known as “JP MORGAN CHASE, N.A. (“JPMC”)” your lender, or loan servicer, or trust’s trustee? Did you receive any assignment(s) and/or substitution(s) of trustee from any source while CHF was the lender, or servicer, or the trust’s trustee?
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November 2016

CFPB increases foreclosure protections
journal.firsttuesday.us | November 22, 2016
The Consumer Financial Protection Bureau (CFPB) has released new rules for mortgage servicers to follow when responding to mortgage delinquencies and pursuing foreclosure. Beginning October 19, 2017, mortgage servicers are to offer homeowners foreclosure protections more than once if the need for protection arises numerous times.
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October 2016

New tool searches judge stats | Artificial intelligence predicts case outcomes | Cybersecurity insurance a 'must have'
October 26, 2016
This Month's Featured Technology Stories - ABA Journal Tech Monthly
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More legislation to help the BANKING CARTEL
October 25, 2016
For nonjudicial foreclosures which are resolved (e.g., reinstatement, foreclosure alternative, etc.) after the notice of default (NOD) is recorded, but before posting the notice of trustee’s sale (NOTS), the maximum base trustee’s fee has been increased.
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Did you ever wonder why YOU VICTIMS got checks for $100 for restitution from the banking cartel settlements with CORRUPT DOJ?
judicialwatch.org | October 25, 2016
The Department of Justice (DOJ) keeps giving radical leftist groups that support President Obama huge amounts of cash collected from big banks to settle discrimination and mortgage abuse lawsuits filed by the government.
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Latest Case on TILA RESCISSION NOTE: Disagreement Among Circuits Perhaps Ripe for USSC Review Remanded
justia.com | October 20, 2016
After plaintiff began missing loan payments on a house she bought in Long Beach, ReconTrust initiated a non-judicial foreclosure. In this case, the lender was Countrywide, the borrower was plaintiff and the trustee was ReconTrust. Plaintiff subsequently filed suit alleging that ReconTrust violated the Fair Debt Collection Practices Act (FDCPA), 15 U.S.C. 1692e(2)(A), by sending her notices that misrepresented the amount of debt she owed.
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Consumer Financial Protection Bureau structure ruled unconstitutional
usatoday.com | October 12, 2016
A federal appeals court Tuesday declared the structure of the federal Consumer Financial Protection Bureau unconstitutional, a decision that marks a major setback for one of the signature safeguards created after the U.S. financial crisis.
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Must Always Allege Damages and Specifically How You Were Harmed
justia.com | October 7, 2016
Here, borrower should have alleged "cloud on title" impairs his ability to market the home for sale.
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Judge rejected in its entirety the government's argument to hide Fannie & Freddie docs (follow-up)
October 7, 2016
This document may help explain why no one has been convicted of a crime in the mortgage scandal.
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Judge rejected in its entirety the government's argument to hide Fannie & Freddie docs
foxnews.com | October 5, 2016
As the Obama administration runs out the clock on its second term, it seeks to hide ever more of its policies from public scrutiny. One of the most extreme examples is the White House’s attempt to invoke presidential privilege, which is reserved for the most important national security, military, and diplomatic affairs, to conceal documents about housing. Yes, housing.
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September 2016

Well-written Guide to TILA - Rescission
September 19, 2016
The purpose of these materials is to provide an outline of consumer claims under the Federal Truth in Lending (TILA) and Real Estate and Settlement Procedures Act (RESPA), especially as they relate to mortgages, and consumer bankruptcy cases. With the crash in home prices, as a practical matter, TILA claims, at least as regards mortgages, are worthless to most consumers.
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August 2016

FDCPA and FCCPA: Temperatures rising
livinglies.wordpress.com | August 24, 2016
FDCPA and FCCPA (or similar state legislation) claims are getting traction across the country. Bank of America violated the federal Fair Debt Collection Practices Act ("FDCPA") and the related Florida Consumer Collection Practices Act ("FCCPA"). (Doc. 26). The Goodin case is a fair representation of the experience of hundreds of thousands of homeowners who have tried to reconcile the numbers given to them by Bank of America and others.
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July 2016

California Code of Civil Procedure section 128.5
July 26, 2016
Prior to 1995, courts had the ability to impose monetary sanctions on litigants and their counsel for almost any kind of transgression, and some judges developed reputations for doing so very liberally! The relative calm that reigned after a significant change in the law in 1995 may be over. Effective January 1, 2015, California Code of Civil Procedure section 128.5 — a statute that authorizes the imposition of monetary sanctions for bad faith litigation tactics that are frivolous or solely intended to cause delay — is back. Dormant for several years but never repealed, the Legislature resuscitated it in 2014, and it again becomes part of every California litigator’s arsenal. This article briefly explains this development.
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Petition For Review - Robert Castro v. IndyMac INDX Mortgage Loan Trust 2005-AR21 9 (to resolve conflict between Saterbak and Castro, etc.)
July 26, 2016
Is an untimely and/or non-conforming transfer of a California Homeowners Promissory Note and Deed of Trust to the mortgage pool of a securitized trust, in contravention of the trust governing agreements and after the trust's closing date, void or merely voidable?
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U.S. Bank v Naife
July 22, 2016
TILA rescission remand affidavit that disclosures were inadequate; trial court to decide if adequate; if not, court imposes terms of recisssion remedy.
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Saterbak Petition for Review Denied Sc Notification for: S234109
appellatecases.courtinfo.ca.gov | July 14, 2016
Laura Saterbak appeals a judgment dismissing her first amended complaint (FAC) after the sustaining of a demurrer without leave to amend. Saterbak claims the assignment of the deed of trust (DOT) to her home by Mortgage Electronic Registration Systems, Inc. (MERS) to Structured Asset Mortgage Investment II Trust 2007-AR7 Mortgage Pass-Through Certificates 2007-AR7 (2007-AR7 trust or Defendant) was invalid. Arguing the assignment occurred after the closing date for the 2007-AR7 trust, and that the signature on the instrument was forged or robo-signed, she seeks to cancel the assignment and obtain declaratory relief. We conclude Saterbak lacks standing and affirm the judgment.
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Good News - TRO Against Pre-foreclosure Issued in Federal Court - ND CA Based on YVANOVA Citing LUNDY
July 13, 2016
On its face, the holding in Yvanova is limited to post-foreclosure claims. There is at least an argument, however, that its reasoning is equally applicable to pre-foreclosure claims. See Lundy v. Selene Fin., LP, No., 2016 WL 1059423, at *10 (N.D. Cal. Mar. 17, 2016, predicting that California Supreme Court will extend Yvanova to the pre-foreclosure context).
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Deutsche Bank's Chief Economist Calls For €150 Billion Bailout Of European Banks
zerohedge.com | July 12, 2016
The cards have been tipped, and it appears Italy's Prime Minister may have been right. In the aftermath of Brexit, much of the investing public's attention has turned to Italian banks which are in desperate need of a bailout as a result of €360 billion in bad loans growing worse by the day (and not a bail-in, as European regulations mandate, as that would lead to an immediate bank run) to avoid a freeze and/or collapse of Italy's banking sector. This has pushed stock prices - and default risk - on Italian banks to record levels.
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The Epic Collapse of Deutsche Bank
visualcapitalist.com | July 11, 2016
It’s been almost 10 years in the making, but the fate of one of Europe’s most important financial institutions appears to be sealed. After a hard-hitting sequence of scandals, poor decisions, and unfortunate events, Frankfurt-based Deutsche Bank shares are now down -48% on the year to $12.60, which is a record-setting low.
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Deutsche Bank v. Pinette
justia.com | July 1, 2016
Plaintiff-lender Deutsche Bank National Trust Company (as trustee) appealed a superior court decision to grant defendant-borrower Kevin Pinette's motion to dismiss. The lender tried to foreclose on property of Pinette, but the superior court dismissed its claims on foreclosure, the unpaid balance on a promissory note, and a deficiency judgment on the ground that they were barred by claim preclusion, as lender had previously instituted an identical action against borrower in 2013, which had been dismissed for failure to prosecute.
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Cattle Nat’l Bank & Trust Co. v. Watson
justia.com | July 1, 2016
A Bank filed an action against four Guarantors on their personal guaranties of an LLC’s debts. That action resulted in three appeals by the Guarantors. The first appeal was generated after the district court granted the Bank’s motions for summary judgment but failed to adjudicate a cross-claim. The second appeal was taken from execution and garnishment proceedings that occurred while the first appeal was pending.
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OneWest Bank, N.A. v. Melina
justia.com | July 1, 2016
OneWest commenced a foreclosure action against defendant. The district court denied defendant's cross-motion to dismiss and granted OneWest's motion for summary judgment. The district court held in part that a national bank such as OneWest is a citizen only of the state in which its main office is located - not also of the state of its principal place of business - and that OneWest’s main office is indisputably in California.
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In re Payment Card Interchange Fee and Merchant Discount Antitrust
justia.com | July 1, 2016
In an antitrust class action brought on behalf of approximately 12 million merchants against Visa and Mastercard, as well as other various banks, plaintiffs alleged conspiracy in violation of Section 1 of the Sherman Act, 15 U.S.C. 1. After the parties agreed to a settlement releasing all claims, the district court certified two settlement-only classes and approved the settlement.
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June 2016

Wright v. Bank of America, N.A.
June 30, 2016
In a case brought by the Federal Trade Commission (“FTC”), the U.S. District Court in Los Angeles has placed the law firms of Advantis Law and Brookstone Law under the control of a receiver. Details about the case, and access to the pleadings and orders, can be seen at the Receiver’s website, www.regulatoryresolutions.com. Click the Cases tab at the top of the website page and then the link for Federal Trade Commission v. Kutzner.
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Supreme Court lets debt collection class-action suit proceed
finance.yahoo.com | June 28, 2016
WASHINGTON (Reuters) - The U.S. Supreme Court on Monday allowed a class-action lawsuit against debt collector Encore Capital Group Inc to move forward, declining to hear its claim that such companies should be protected from state "usury" laws barring money-lending at unreasonably high interest rates.
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Ocwen (OCN) to Pay $30M to Settle HAMP Disclosure Issues
finance.yahoo.com | June 28, 2016
Last week, Ocwen Financial Corp. OCN agreed to settle a couple of lawsuits that alleged it of providing misleading data related to the loans it was servicing. The company revealed this agreement in a filing with Securities and Exchange Commission (SEC). The lawsuits were filed by Michael Fisher and the U.S. Justice Department (DoJ) in 2012. Ocwen will be paying $15 million to both Fischer and the DoJ, though the settlement is yet to receive legal approval. Notably, the company neither accepted nor denied any wrong doing.
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MERS Manual 2010
June 23, 2016
Although MERS tracks changes in ownership of the beneficial rights for loans registered on the MERS® System, MERS cannot transfer the beneficial rights to the debt. The debt can only be transferred by properly endorsing the promissory note to the transferee. As a MERS Member you have two options for registering a transfer of beneficial rights to another Member: Option 1 and Option 2. The determination of whether Option 1 or Option 2 is used is based on the Membership Profile of the purchasing investor.
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May 2016

Yvanova STRIKES Thrice
stopforeclosurefraud.com | May 21, 2016
Well ACTUALLY it was SEVEN...KESHTGAR v. U.S. BANK, MENDOZA v. JPMORGAN CHASE BANK, CASTRO v. INDYMAC INDX MORTGAGE LOAN TRUST 2005-AR21 | VACATED... "...with directions to vacate its decision and to reconsider the cause in light of Yvanova v. New Century Mortgage Corp...."
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URGENT! "Prejudice" left open in Yvanova is met by alleging "LOSS OF HOME" proximately caused by VOID Assignment!
justia.com | May 20, 2016
In this action for wrongful foreclosure, the homeowner, Monica Sciarratta, alleged that as a result of a void assignment of her promissory note and deed of trust, the entity that conducted a nonjudicial foreclosure sale on her home had no interest in either the underlying debt or the subject property. In Yvanova v. New Century Mortgage Corp., (62 Cal.4th 919 (2016)), the California Supreme Court held that the homeowner has standing to sue for wrongful foreclosure. However, Yvanova did not address "any of the substantive elements of the wrongful foreclosure tort," and in particular did not address "prejudice . . . as an element of wrongful foreclosure."
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Baker v. Northwest Trustee discussion broadcast is available
May 17, 2016
As many of you know, the host of the popular foreclosure radio show "The Foreclosure Hour" attorney Gary Victor Dubin (who shepherded one of the cases heard in the JESINOSKI decision heard by the US Supreme Court, and is VERY affluent in TILA Rescission) featured our case on his radio show yesterday. Below is the link to the archived show for those who wanted to listen and could not and a link to download the appellate courts' ruling.
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Chain of Title - the story of Lunn Szymoniak, Michael Redman, and Lisa Epstein exposing Bankster Fraud
May 6, 2016
Here's a brief synopsis of the book: Chain of Title follows three individuals in south Florida who were instrumental in exposing one of Wall Street's greatest secrets: mortgage companies didn't actually have the evidence necessary to foreclose on millions of homes, and they covered it up by producing false documents in mass quantities and delivering them to courthouses and county recording offices.
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IMPORTANT TO ATTORNEY ADVOCATES
May 5, 2016
"Assignee" Banksters Have to Pay Homeowners' Attorney Fees if homeowner prevails as assumption of BURDENS goes with assumption of benefits.
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Daniels v. Select Portfoio Servicing Inc. Lender Liable for Servicer Misrepresentations Biankanja Factors even without Exceeding its Convential Role
May 1, 2016
The Danielses obtained a $650,000 adjustable rate loan secured by a deed of trust on their Santa Cruz residence. When their interest rate adjusted upward, they spent years in unsuccessful attempts to obtain a loan modification from their then-loan servicer, Bank of America (BofA).
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April 2016

Map of US District Court of Appeals 2016
April 22, 2016
This map shows which states lie in which federal District Courts of Appeal. When you research the CFLA archives, you can "search" to find all the cases related to foreclosures in YOUR District Court of Appeal. This will give you an idea of how the federal judges may rule in YOUR case based on state decisions.
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8th Circuit 4.20.16 Dkt 15-1527 Brown v. Greentree Servicing LLC
April 22, 2016
Plaintiffs filed suit against Green Tree to prevent it from foreclosing on plaintiffs' home. Plaintiffs alleged that Green Tree lacked authority to foreclose. The district court granted Green Tree's motion to dismiss based on plaintiffs' lack of standing to challenge the assignment between creditors and concluded that plaintiffs' notice claim failed to state a plausible claim for relief under Ashcroft v. Iqbal.
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NHLP March Foreclosure Newsletter
April 1, 2016
National Housing Law Project's (NHLP's) first quarterly Foreclosure Newsletter features an update to our foreclosure practice guide, now with a table of contents for easier navigation. It also includes summaries of recent HBOR and foreclosure-related case law and recent administrative guidance.
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March 2016

Saterbak - No Standing Pre-foreclosure - First new published case Post Yvanova
March 18, 2016
Laura Saterbak appeals a judgment dismissing her first amended complaint (FAC) after the sustaining of a demurrer without leave to amend. Saterbak claims the assignment of the deed of trust (DOT) to her home by Mortgage Electronic Registration Systems, Inc. (MERS) to Structured Asset Mortgage Investment II Trust 2007-AR7 Mortgage Pass-Through Certificates 2007-AR7 (2007-AR7 trust or Defendant) was invalid. Arguing the assignment occurred after the closing date for the 2007-AR7 trust, and that the signature on the instrument was forged or robo-signed, she seeks to cancel the assignment and obtain declaratory relief. We conclude Saterbak lacks standing and affirm the judgment.
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United States Settles False Claims Act Allegations Against 21st Century Oncology for $34.7 Million
justice.gov | March 13, 2016
21st Century Oncology Inc., the nation’s largest physician led integrated cancer care provider and its wholly owned subsidiary South Florida Radiation Oncology LLC, have agreed to settle allegations that they performed and billed for procedures that were not medically necessary, the Department of Justice announced today.  21st Century is headquartered in Fort Myers, Florida, and has offices in 16 states.
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Ames v. Wamu/Chase Affirms Ap. Ct. Holding Ames Had No "Standing" to Challenge Assignment in Georgia; Plus Fed Ct 11th Circ Already Found No Standing
justia.com | March 11, 2016
In 2007, Cindy and David Ames executed a security deed to their residential property in favor of Washington Mutual Bank, F.A. (WaMu). WaMu’s receiver, the Federal Deposit Insurance Corporation (FDIC), later assigned the deed to JP Morgan Chase Bank, N.A (Chase). When Chase initiated a non-judicial foreclosure sale on the property, the Ameses filed lawsuits in state court and then in federal court, alleging among other things that the assignment of the security deed to Chase was invalid.
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Alaska Sup Ct Holds Alaska Trustee LLC and its Owner Stephen Routh were Debt Collectors under FDCPA
justia.com | March 11, 2016
Brett and Josephine Ambridge defaulted on their home loan. Alaska Trustee, LLC sent the Ambridges a notice of default that failed to state the full amount due as required by the federal Fair Debt Collection Practices Act (FDCPA). The Ambridges filed suit against Alaska Trustee and its owner, Stephen Routh, seeking damages under the FDCPA and the Alaska Unfair Trade Practices and Consumer Protection Act (UTPA), as well as injunctive and declaratory relief.
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Penal Code 115.5 expressly addresses false statements to induce improper notarial act on instrument
March 8, 2016
All notaries must be bonded, record their bonds at county recorder, and maintain $15,000 bond so you can put a claim against his/her BOND (insurance carrier). Check county recorder under his/her name to get name of insurance carrier on bond and put a claim against the BOND. The insurance company will defend and ferret out WHO got him/her to partake in the fraud.
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Annotations for Penal Code 115 - offering forged docs for recordings Use Penal Code 132 and 134 felony for preparing for offering or OFFERING a false or fabricated ASSIGNMENTS
March 8, 2016
1. In General; Validity This section simply seeks to bring within its terms various classes of instruments entitled under our law to be recorded, without any regard to whether the particular instrument is defective in form or certification. People v. Webber (1919) 44 Cal App 120, 186 P 406, 1919 Cal App LEXIS 473; People v. Baender (1924) 68 Cal App 49, 228 P 536, 1924 Cal App LEXIS 217. The statute was designed to prevent the recordation or registration of spurious documents, knowingly offered for record with intent to defraud. People v. Baender (1924) 68 Cal App 49, 228 P 536, 1924 Cal App LEXIS 217.
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Use Penal Code 132 and 134 felony for preparing for offering or OFFERING a false or fabricated ASSIGNMENT in a court of law for a fraudulent purpose (steal a home) grand theft Penal 487
March 8, 2016
After YVANOVA CA SUP Court held you now have "standing" to challenge a fraudulent assignment. “Debt collectors” are subject to the entire FDCPA which prohibits them from using deceptive means to collect a debt [807(10)] or falsely represent the legal status of the debt [807(2)a].
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February 2016

USE Penal Code 132 and 134 & this SUPREME COURT case from 1938 (still good law) against FRAUDULENT ASSIGNMENT
February 28, 2016
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United States ex rel. Adams v. Aurora Loan Servs.
justia.com | February 25, 2016
Relators filed suit under the False Claims Act, 31 U.S.C. 3729(b)(2)(A), against various lenders and loan servicers, alleging that defendants certified that loans purchased by Fannie Mae and Freddie Mac were free and clear of certain home owner association liens and charges when they were not. At issue was whether Fannie Mae and Freddie Mac are officers, employees, or agents of the federal government for purposes of the Act.
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Gilman v. Brown
justia.com | February 25, 2016
Plaintiffs filed suit under 42 U.S.C. 1983 to enjoin the application of Propositions 89 and 9 as to them. Proposition 89 amended the California Constitution to vest in the Governor constitutional authority to reverse, affirm, or modify grants of parole as to inmates convicted of murder. Proposition 9 amended the California Penal Code to increase the default period of time after which a prisoner would be scheduled for a parole hearing, after the denial of parole.
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Borrower has Standing to Challenge Forclosing Entity to Show Assignment is VOID! (but not to show merely "voidable")
February 17, 2016
The logic of defendants’ no-prejudice argument implies that anyone, even a stranger to the debt, could declare a default and order a trustee’s sale—and the borrower would be left with no recourse because, after all, he or she owed the debt to someone, though not to the foreclosing entity. This would be an “odd result” indeed. (Reinagel, supra, 735 F.3d at p. 225.) As a district court observed in rejecting the no-prejudice argument, “[b]anks are neither private attorneys general nor bounty hunters, armed with a roving commission to seek out defaulting homeowners and take away their homes in satisfaction of some other bank’s deed of trust.” (Miller v. Homecomings Financial, LLC (S.D.Tex. 2012) 881 F.Supp.2d 825, 832.)
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Rescission Insurance Offered By Radian
livinglies.wordpress.com | February 5, 2016
For those of you who continue to doubt what you see on these pages despite concurrence by all three branches of government, consider this: Since 2014 the banks have been purchasing rescission insurance. If they didn't think they had a problem, why would they buy the insurance?
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January 2016

People v. Johnson
justia.com | January 22, 2016
After a jury trial, Defendant was convicted of first degree murder, conspiracy to commit murder, and as an accessory after the fact. After a penalty phase trial, the jury returned a verdict of death.
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Coker v. JPMorgan Chase Bank
justia.com | January 22, 2016
Under Cal. Code Civ. Proc. 580b, when an individual borrows money from a bank to buy a home and the bank forecloses on the home, the bank can collect proceeds from the foreclosure sale but may not obtain a deficiency judgment against the borrower.
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American Fidelity Assurance v. Bank of New York Mellon
justia.com | January 22, 2016
American Fidelity Assurance Company sued the Bank of New York Mellon (“BNYM”) for claims arising from BNYM’s conduct as Trustee of a trust holding mortgage-backed securities owned by American Fidelity.
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U.S. Bank Nat’l Ass’n v. Curit
justia.com | January 22, 2016
Defendants defaulted on their mortgage, and U.S. Bank filed a complaint for foreclosure. Following the Supreme Judicial Court’s decision in Bank of America, N.A. v. Greenleaf, the Bank filed a motion to voluntarily dismiss the foreclosure action without prejudice, arguing that it could not proceed with the foreclosure because it did not have a mortgage assignment from the original lender and thus did not have standing to pursue the action.
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McFarland v. Wells Fargo Bank
justia.com | January 22, 2016
Plaintiff filed suit against Wells Fargo, alleging that his mortgage agreement, providing him with a loan far in excess of his home’s actual value, was an “unconscionable contract” under the West Virginia Consumer Credit and Protection Act, W. Va. Code 46A–1–101 et seq. The court agreed with the district court that the amount of a mortgage loan, by itself, cannot show substantive unconscionability under West Virginia law, and that plaintiff has not otherwise made that showing.
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Howard Jarvis Taxpayers Association v. Padilla
justia.com | January 5, 2016
In 2014, the California Legislature sought to place on the general election ballot Proposition 49, a nonbinding advisory question that would have asked the electorate whether Congress should propose, and the Legislature ratify, a federal constitutional amendment overturning the U.S. Supreme Court’s decision in Citizens United v. Federal Election Commission. Petitioners filed an original emergency petition for writ of mandate in the Supreme Court seeking to prevent the Secretary of State from proceeding with placement of Proposition 49 on the November 2014 ballot.
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December 2015

Banking-Fed/Recorder Office Cartel: LA, San Diego, Riverside, San Bernardino County Owns "Secure" Electronic Recording System
secure-erds.com | December 22, 2015
SECURE is a system jointly owned by Los Angeles, Orange, Riverside and San Diego Counties. We are collectively responsible for the development, ongoing maintenance and vision of this multi-county electronic recording delivery system. Through monthly multi-county meetings, the owners and partners have charted a course for SECURE, from development to certification and finally to production.
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Talaei v. Wells Fargo & US Bank Ninth Circuit 13-56314 12/14/15 Tila 15 USC 1641(g) is NOT RETROACTIVE
December 15, 2015
15 U.S.C.1641(g), a 2009 amendment to the 1968 Truth in Lending Act (TILA). Section 1641(g) requires a creditor who obtains a mortgage loan by sale or transfer to notify the borrower of the transfer in writing.
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The US Federal Reserve Money Laundry: Bank-sponsored Treason in Washington DC and New York City
alcuinbramerton.blogspot.com | December 14, 2015
The technical detail of the US Federal Reserve's illegal and anti-Consitutional money laundry is now known to the the US Supreme Court, the US Congress, the US Pentagon and the US Provost Marshal. The individuals, agents, agencies, constituent corporations, primary dealers and private owners of the US Federal Reserve nexus now have no lawful or legitimate claim to legal immunity. Nor do the individuals acting for the law enforcement authorities who are tasked with the arrest and proper public prosecution, in open court, of the accused persons.
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$5.4 Million! Jury Finds Wells Fargo Committed Fraud When It Used Robo-Signed Document
i-uv.com | December 14, 2015
Congratulations to the experts and attorneys on this. As Marie McDonnell states in the article reproduced below this case is important because it is the first time that Robo-signing has resulted in an award of damages for fraud. I would add that the lawyers must have done a fine job at trial — because ordinarily we don’t see jury instructions that would support punitive damages for robo-signing. The pages are turning on a new chapter.
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Class Counsel Garners $74 Million Fees/Costs In JP Morgan Chase Mortgage-Backed Securities Settlement And Eleventh Circuit Decision Holds Percentage-Of-Fund Analysis Applies To Claims
calattorneysfees.com | December 7, 2015
On December 4, 2015, a New York federal district judge awarded class counsel in the JP Morgan Chase mortgage-backed securities class action about $74 million in fees and costs based on a $388 million settlement. This was less than the $100.8 million in fees and expenses requested by class counsel.
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November 2015

$60,000 In CCP § 128.7 Sanctions Against Plaintiff And Plaintiff’s Attorney For Years Of Forestalling Foreclosure Efforts Affirmed On Appeal
calattorneysfees.com | November 20, 2015
This next post counsels litigants and their counsel that there is a point where the battle has been lost, under penalty of having sanctions imposed for further litigation—which is exactly what happened.
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Borrower Proving Loan Modification Case Entitled To $188,100 Fee Award Under Note/Deed Of Trust Clauses
calattorneysfees.com | November 20, 2015
In Bergman v. JP Morgan Chase Bank, N.A., Case No. E060148 (4th Dist., Div. 2 Sept. 30, 2015) (unpublished), borrower won an implied breach of covenant claim, based on a loan modification, against lender, receiving $250,000 in compensatory damages on this and a separate fraud claim. Borrower then moved to recover fees based on entitlement clauses in the note and deed of trust, a request granted by the lower court—although it only awarded $188,100 out of a requested $454,772.23.
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Paatalo v Chase - Chase MTD Denied Re: WaMu TILA Rescission
November 16, 2015
This ruling came down yesterday in Oregon Federal Court. Judge Aiken does a good job of spelling out TILA post-Jesinoski in denying Chase's MTD. Read closely, as it is important for anyone to file their TILA action soon if you rescinded in the past. The fact that I filed my action right after Jesinoski is viewed by this Judge that I did not "sit on my hands."
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U.S. Bank, N.A. v. Tannenbaum
justia.com | November 6, 2015
A Bank filed a residential foreclosure complaint against Appellant, alleging that Appellant executed a promissory note and a mortgage securing the note on certain property and that Appellant defaulted on the note. The Bank claimed that, through a series of endorsements and assignments, the Bank had acquired rights in the mortgage and authority to enforce the note.
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Bank of America, N.A. v. Eisenhauer
justia.com | November 6, 2015
Lorene and Harley Walter owned a certificate of deposit account with Bank of America. The account was a survivorship account and a payable-on-death account. After Harley died and while Lorene was still alive, the Bank distributed the funds in the account to Dwight Eisenhauer and Jo Ann Day, the named beneficiaries on the account, in equal sums.
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Flashback: Iceland Was Right, Terror Futures, West Nile Spraying
youtube.com | November 3, 2015
See video.

Iceland Has Now Sent 26 Corrupt Bankers To Prison
infowars.com | November 3, 2015
In a story not reported on at all by any Western mainstream media source, Iceland just sentenced another five high level bankers to prison for directly contributing to the collapse of the country’s economy in 2008.
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26 bankers already sentenced to a combined 74 years in prison
icelandmag.visir.is | November 3, 2015
In two separate rulings last week, the Supreme Court of Iceland and the Reykjavík District Court sentenced three top managers of Landsbankinn and two top managers of Kaupþing, along with one prominent investor, to prison for crimes committed in the lead-up to the financial collapse of 2008. With these rulings the number of bankers and financiers who have been sentenced to prison for crimes relating to the financial collapse has reached 26, and a combined prison time of 74 years.
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Text of the Secondary Mortgage Market Enhancement Act of 1983 allowed the flood gates to open for MBS
November 3, 2015
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October 2015

Supreme Court of California Case Notification for: S218973
appellatecases.courtinfo.ca.gov | October 30, 2015
Petition for review after the Court of Appeal affirmed the judgment in a civil action. The court limited review to the following issue: In an action for wrongful foreclosure on a deed of trust securing a home loan, does the borrower have standing to challenge an assignment of the note and deed of trust on the basis of defects allegedly rendering the assignment void?
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William C. Erbey Has Built an Empire on Misery
inthesetimes.com | October 27, 2015
Ex-Litton Loan Servicing turned whistleblower, Chris Wyatt, has continued to hold Ocwen Servicing responsible for egregious errors in pushing foreclosures in California. In a recent letter to the California Department of Business Oversight he alleges that Ocwen used tainted documents; specifically, outdated Power of Attorney authorizations to evict families in direct contravention of the California Homeowner’s Bill of Rights. His letter is appended to the end of this piece.
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Bias in the Courts: UCC and TILA Review
livinglies.wordpress.com | October 3, 2015
Our legal history has many examples of enormous errors committed by the Courts that were obvious to some but justified by many. The result is usually mayhem. The cause is a bias toward some underlying fact that was untrue at the time.
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George Carlin nails it in the head… The American Dream
stopforeclosurefraud.com | October 2, 2015
"You have to be asleep to believe it." A short excerpt from the video "Life Is Worth Losing" (2005).
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AMADO VALBUENA et al., Plaintiffs and Appellants, v. OCWEN LOAN SERVICING, LLC, Defendant and Respondent
October 1, 2015
California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for publication or ordered published, except as specified by rule 8.1115(b). This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.
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September 2015

Chase Found Guilty (AGAIN) for Fabricating and Uttering False Documentation: CA Appeals Award $250,000+ Attorney Fees
livinglies.wordpress.com | September 28, 2015
In January Patrick Giunta and I won a case against US Bank, Chase and SPS. The basis was simple. The Trust never acquired the loan. Thus US bank failed to establish standing. The Plaintiff was US Bank as trustee for the certificate holders, but the real player was Chase who then slipped in SPS as a “Successor” to the “Servicing” of the a loan in which there were no servicing duties.
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Fin. Freedom Acquisition, LLC v. Standard Bank & Trust Co.
justia.com | September 24, 2015
On October 14, 2010, OneWest Bank sued Standard, as trustee, and unknown trust beneficiaries, to foreclose a “reverse equity” adjustable-rate mortgage on property held by the trust and executed in 2009. Standard filed an answer and counterclaim on July 19, 2011, seeking to rescind the mortgage, alleging violations of the Truth in Lending Act (TILA). 15 U.S.C. 1601. The circuit court dismissed.
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Segarra v. Federal Reserve Bank of N.Y.
justia.com | September 23, 2015
Plaintiff filed a whistleblower action against FRBNY, her former employer, and three of its employees. The district court dismissed the suit and determined, inter alia, that palintiff could not maintain claims against the employees under the banking agency whistleblower protection statute, 12 U.S.C. 1831j(a)(2). The court concluded that neither sharing an interest in the financial well‐being of a company nor sharing information about that company leads to a reasonable inference that the employees were performing services for the FDIC.
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Bank of America, N.A. v. Greenleaf
justia.com | September 22, 2015
BAC Home Loans Servicing, LP filed a complaint for foreclosure against Scott and Kristina Greenleaf. Bank of America, N.A. (the Bank) was substituted for BAC after the entities merged. After a trial, the court entered a judgment of foreclosure in favor of the Bank. The Supreme Judicial Court vacated the judgment based on the Bank’s lack of standing. On remand, the district court dismissed without prejudice the action due to the Bank’s standing defect.
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Justice Department Sets Sights on Wall Street Executives
nytimes.com | September 14, 2015
WASHINGTON — Stung by years of criticism that it has coddled Wall Street criminals, the Justice Department issued new policies on Wednesday that prioritize the prosecution of individual employees — not just their companies — and put pressure on corporations to turn over evidence against their executives.
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Avila v. CitiMortgage, Inc. (7th Cir.) Home Burns
justia.com | September 14, 2015
Avila bought his Chicago home with a $100,500 CitiMortgage loan. Five years later, a fire made the house uninhabitable. Avila’s insurance carrier paid out $150,000. CitiMortgage took control of the proceeds and paid $50,000 to get the restoration underway. CitiMortgage later inspected the work and found that it needed to be redone.
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Citibank Keeps Insurance Proceeds; Homeowner Shafted
justia.com | September 14, 2015
At issue in this case was Connecticut’s debt negotiation statutes, Conn. Gen. Stat. 36a-671 through 36a-671e, which authorize the Banking Commissioner to license and regulate persons engaged in the debt negotiation. Plaintiff, a national consumer advocate law firm, petitioned the Commissioner for a declaratory ruling stating that Plaintiff qualified for exemption from the debt negotiation statutes under the attorney exception.
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Court Dismisses His Claim of Fiduciary Duty
justia.com | September 14, 2015
Churn, the owner of a Tennessee construction company, was convicted of seven counts of bank fraud stemming from two schemes in which he received bank loans ostensibly to construct houses, but performed little to no work. The district court sentenced him to 33 months in prison and ordered restitution of $237,950.50.
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UD tenants lose challenge (9th Circuit Ct of Appeal) to reassigning all UD cases to "hub courts" in LA County
justia.com | September 9, 2015
Plaintiffs and numerous non-profit organizations filed a class-action suit challenging one aspect of the LASC's consolidation plan: the consolidation of unlawful detainer (tenant eviction) actions into hub courts.
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Proof of Ongoing Foreclosure Fraud and Mortgage Document Fabrication, in Five Emails
nakedcapitalism.com | September 6, 2015
Five years ago this month, GMAC became the first mortgage servicer to announce that they would suspend foreclosure operations, due to irregularities in their document preparation. Within a few weeks every major mortgage servicer in America followed suit. This is usually called the robo-signing scandal, but to be more precise we gave it the name foreclosure fraud. It ended with the five leading servicers, including GMAC, signing the $25 billion National Mortgage Settlement.
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Homeowner Sheedy loses to WAMU/CHASE & Deutsche Bank in First Circuit
nakedcapitalism.com | September 6, 2015
In 2004, Laura Sheedy refinanced property she owned. For the transaction, Sheedy executed a promissory note and mortgage in favor of Washington Mutual Bank (WAMU). The mortgage was eventually assigned to Deutsche Bank National Trust Company. JPMorgan Chase National Association (Chase) serviced the loan. Deutsche Bank subsequently commenced foreclosure proceedings.
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August 2015

Official Cynthia Riley Deposition (WAMU/Chase cases) Infamous ROBOSIGNER
August 31, 2015
Download Notice of Filing Disposition.
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Homowner loses to CHASE (Second Dist. Div. 3 holds "No standing" to challenge foreclosure DISAGREES w/Glaski)
August 27, 2015
APPEAL from orders of the Superior Court of Los Angeles County, Barbara Scheper, Judge. Affirmed. Law Offices of Bruce J. Guttman and Bruce J. Guttman, for Plaintiff and Appellant. Wood, Smith, Henning & Berman, Raymond Babaian, Christopher D. Perez, Andrew J. Mallon and Fred R. Vasquez, for Defendant and Respondent Canterbury Lots 68, LLC. Bryan Cave, Christopher L. Dueringer and Nicole N. King, for Defendant and Respondent JPMorgan Chase Bank, N.A.
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The Illuminati and the House of Rothschild
redicecreations.com | August 25, 2015
The "Illuminati" was a name used by a German sect that existed in the 15th century. They practiced the occult, and professed to possess the 'light' that Lucifer had retained when he became Satan.
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Homeowner Consumer gets a Break from Second Circuit Court of Appeal
justia.com | August 14, 2015
Plaintiff filed suit under the Fair Debt Collection Practices Act (FDCPA), 15 U.S.C. 1692 et seq., against FCI, his mortgage loan servicer and a debt collector, alleging that FCI violated the FDCPA by sending him two written communications that failed to comply with FDCPA requirements that debt collectors timely provide certain notices to debtors.
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Mortgage Defense and the Law of Restitution
August 12, 2015
Wanton and willful financial misconduct in the origination, securitization, servicing and foreclosure of a mortgage debt will not bar collection and enforcement of the debt. Notwithstanding the creditor’s misconduct, the sanctity of debt is the controlling and paramount variable. Judges believe that absent strict enforcement of the obligation to repay debt, the engine of commerce will grind to a halt without lubrication of the gears with commercial credit.
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July 2015

Bergeron v. New York Community Bank
justia.com | July 31, 2015
Osceola County Clerk of Court Armando Ramirez hired a company owned by a felon — convicted in a $64 million scam in the 1990s that stole money from the U.S. government — to review county mortgage records last year. Ramirez employed David Paul Krieger's company, DK Consultants LLC of San Antonio, in June 2014 and paid the company $34,500 to find out whether Wall Street banks had illegally foreclosed on hundreds of local homes, records show.
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In re Montierth
justia.com | July 31, 2015
Appellants filed a promissory note that was secured by a deed of trust on their property. At the time that Appellants defaulted, Respondent was the holder of the note and Mortgage Electronic Registration Systems, Inc. (MERS) was the beneficiary of the deed of trust securing the note. After Appellants filed for bankruptcy, MERS assigned its interest in the deed of trust to Respondent.
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Outfit Given "No-Bid" Contract By Central Florida Court Official To Conduct Forensic Audits Of Banksters' Mortgage Documents Recorded With County Was Owned By 1990's Anti-Government Felon Convicted In $64 Million Scam
orlandosentinel.com | July 28, 2015
Osceola County Clerk of Court Armando Ramirez hired a company owned by a felon — convicted in a $64 million scam in the 1990s that stole money from the U.S. government — to review county mortgage records last year. Ramirez employed David Paul Krieger's company, DK Consultants LLC of San Antonio, in June 2014 and paid the company $34,500 to find out whether Wall Street banks had illegally foreclosed on hundreds of local homes, records show.
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Chase Bank Ordered to Stop Collecting on 528,000 Accounts – Pay $50 Million to Consumers
skibalaw.com | July 28, 2015
On July 8, 2015 the Consumer Financial Protection Bureau (CFPB) and 47 states took action against Chase Bank for illegal debt collection activities involving the sale of delinquent accounts to third-party junk debt buyers.
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JPMorgan Reaches $388 Mln Settlement In Mortgage Securities Lawsuit
nasdaq.com | July 19, 2015
(RTTNews.com) - JPMorgan Chase & Co. (JPM) agreed to pay $388 million to settle a suit by investors who claimed the bank misled them about the safety of $10 billion worth of residential mortgage-backed securities it sold before the financial crisis. Robbins Geller Rudman & Dowd LLP announced a $388 million recovery on behalf of a class of investors in nine 2007 residential mortgage-backed securities or MBS offerings issued by JPMorgan- bringing to a successful conclusion one of the last remaining MBS purchaser class actions arising out of the global financial crisis.
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Washington SC will Title Co Owes Duty to Homeowner not to Record Fraudulent Docs
justia.com | July 17, 2015
This case arose from a dispute between plaintiffs and Chicago Title over whether Chicago Title breached a duty of care to plaintiffs, causing damages, when it recorded unauthorized liens on Plaintiff CPIII's property. Because this appeal turns on an unresolved question of Washington law, the court certified the following question to the Washington Supreme Court: Does a title company owe a duty of care to third parties in the recording of legal instruments?
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Rescission Causing a Stir: NEXT WEEK! On the Neil Garfield Show
livinglies.wordpress.com | July 17, 2015
The question is what do you do after you have sent the notice of rescission? And that extends to rescissions that were sent years ago. There are many nuances here caused by State and Federal law. But one thing cannot denied: the rescission is effective by operation of law when it is mailed and nothing except another operation of law can change that.
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Rescission Update: The Notice and the Response
livinglies.wordpress.com | July 15, 2015
The challenge is getting people to accept the simplicity of the specific statutory procedures contained in the statutes governing TILA Rescission. The most common mistake I see is that the borrower justifies the rescission with all sorts of factual allegations in their notice of rescission. In so doing they may have set the stage for their undoing.
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U.S. Court of Appeals for the Ninth Circuit Summaries for July 15, 2015
justia.com | July 15, 2015
Foley v Biter: Petitioner, convicted of first degree murder and related charges, appealed the district court's order denying his motion for relief from judgment pursuant to F.R.C.P. 60(b)(6). Petitioner properly filed a petition for habeas corpus in federal district court in 2001; the district court denied the petition in 2004; and petitioner's counsel, forgetting that he represented petitioner, did not inform petitioner of the denial. Petitioner discovered that his petition was denied six years later when he sent a letter inquiring about his status.
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Compelling Discovery and Explaining Why You want Answers
timothymccandless.wordpress.com | July 12, 2015
I have always said that these cases will be won in discovery. Discovery must of course be preceded by proper pleading. Typically borrowers ask all the right questions and get no answers. They are met with objections that are, to say the least, disingenuous. The motion to compel better answers or to overrule the objections of the party seeking foreclosure is the real battle ground, not the trial.
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Cosajay v. MERS - Homeowners Have the Right to CHALLENGE Assignments
July 12, 2015
Federal Court Judge John J. McConnell issued a decision in the Cosajay v. MERS case this week. This case provides the plaintiffs with an opportunity to over-turn thousands of home foreclosure cases and will be viewed as a watershed moment in foreclosure law. Judge McConnell's decision in the case puts to bed once and for all the contention that homeowners have no right to challenge fraudulent assignments appearing in their chain of title.
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Homeowner has standing to sue when assignments were withheld
July 12, 2015
This matter is before the Court on Plaintiff Eloisa Cosajay's objection to a Report and Recommendation (R&R) issued by Magistrate Judge Martin on June 23, 2011, in which he recommended that her mortgage foreclosure case be dismissed for lack of standing because she was not a party to the assignment documents that her lawsuit challenged.
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Supreme Court of California Case Notification for: S218973
appellatecases.courtinfo.ca.gov | July 12, 2015
Petition for review after the Court of Appeal affirmed the judgment in a civil action. The court limited review to the following issue: In an action for wrongful foreclosure on a deed of trust securing a home loan, does the borrower have standing to challenge an assignment of the note and deed of trust on the basis of defects allegedly rendering the assignment void?
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Rescission Litigation: 3 days from when? 3 years from when?
livinglies.wordpress.com | July 3, 2015
This wraps things up for the week, and a reminder that there is no show tonight. I think the following rules should be applied to the letter of rescission. Remember that Congress explicitly stated that borrowers have the right to effectuate rescission with a mere letter. Congress did not state that the lenders could reject the rescission with a letter. They MUST file a legal action alleging whatever defects they wish to assert. Since the rescission is effective by operation of law it is ONLY through operation of law that the rescission could be vacated.
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June 2015

Fannie bumped in Idaho
justia.com | June 28, 2015
The Federal National Mortgage Association (“FNMA”) purchased Russell Hafer’s home at a non-judicial foreclosure sale. FNMA filed an eviction suit when Russell and his wife, Sandra, refused to vacate. The Hafers claimed that the foreclosure sale was invalid because their loan servicer, American Home Mortgage Services, Inc.(now known as Homeward Residential, Inc.), agreed to modify the terms of Russell’s loan just prior to instituting foreclosure proceedings.
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How the banksters try to wiggle out of rescission
livinglies.files.wordpress.com | June 28, 2015
From one of my readers, I received the Power Point Presentation (PDF) given by a law firm representing the banks. It confirms everything I have been saying. It also offers a glimpse of some of the ways they will try to wiggle out of it. Suffice it to say that in addition to losing far more cases than what has been previously been reporting, the banks are now stuck with a problem that they can't fix, to wit: when they try to "securitize" a pool of new loans they cannot say that the deal is done because the borrower could assert a right to rescind triggering a nightmare of problems for all the parties starting with origination. The appetite for mortgage backed securities is almost certainly going to decline or vanish completely.
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Homeowner wins DUAL TRACKING issue against OCWEN
June 26, 2015
Plaintiffs filed suit against Ocwen after their lender's purchase of their residence at a nonjudicial foreclosure sale, alleging that Ocwen violated Civil Code section 2923.6, the prohibition on "dual tracking" contained in the Homeowners Bill of Rights, when it conducted a foreclosure sale of plaintiffs' property while their loan modification application was pending. The trial court sustained Ocwen’s demurrer.
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Baron Rothschild indicted in France over fraud case
theolivepress.es | June 22, 2015
FRENCH police have been ordered to track down one of Europe’s wealthiest aristocrats over a fraud involving hundreds of British pensioners. Baron David de Rothschild has been indicted over the allegations after the victims, mostly expats living in Spain, bought into his loan scheme.
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Apply for Attorney Fees as Soon as Your Attorney Obtains a Preliminary Injunction; You do NOT have to Wait Until the End to Get Attorney Fees!
law.justia.com | June 19, 2015
In 2012, new legislation imposed specific limitations regarding the nonjudicial foreclosure of owner-occupied residential real property. Among other things, the statutory scheme provided that a court may award reasonable attorney fees and costs to the "prevailing borrower:" "A borrower shall be deemed to have prevailed for purposes of this subdivision if the borrower obtained injunctive relief or was awarded damages pursuant to this section."
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NEW Fraud Reporter: First Edition
June 15, 2015
Welcome to the first issue of The Fraud Reporter, a periodic newsletter designed to be a source of news and information regarding fraud prevention, investigation and litigation. We hope that you will find this newsletter to be a useful tool to stay current on fraud-related issues.
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USURY REVIVED: 2d Circuit Rules Assignee Does Not Inherit the Preemption of National Banks
livinglies.wordpress.com | June 12, 2015
This is a decision with extremely far reaching consequences. Practically all debt now is subject to claims of securitization. Thus most “loans” are assigned and/or sold or transferred to a third party. It has been assumed that the National Banking Act preempted any local laws on usury.
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Aurora v. Taylor NY Ct Appeals Holds Aurora had STANDING to foreclose as note was transferred to Aurora before foreclosure started
justia.com | June 12, 2015
Defendant executed an adjustable rate note to First National Bank of Arizona, wherein she agreed to repay a loan. To secure payment, Defendants executed a mortgage with the the bank. The loan was subsequently made part of a residential mortgage-back securitization trust, and Deutsche Bank Trust Company Americas became the owner of the note.
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JP Morgan Chase Bank, N.A. v Butler
nycourts.gov | June 10, 2015
In an action to foreclose a mortgage, the plaintiff appeals, as limited by its brief, from so much of an order of the Supreme Court, Kings County (Schack, J.), entered July 10, 2013, as (a) granted those branches of the motion of the defendant Frederick D. Butler which were (i) pursuant to CPLR 2606 for the payment out of court of the sum of $490,000, held on deposit by the Kings County Clerk, to the extent of directing a payment to him in the sum of $55,617.11, and (ii) pursuant to 22 NYCRR 130-1.1 for the imposition of sanctions against the plaintiff and/or its attorneys to the extent of directing a hearing to determine whether sanctions should be imposed, and (b) denied its cross motion pursuant to CPLR 2606 for the payment out of court of the sum of $490,000, held on deposit by the Kings County Clerk, and directed a hearing to determine whether it was entitled to the balance of the sum held on deposit by the Kings County Clerk.
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Supreme Court of California Case Notification for: S218973
appellatecases.courtinfo.ca.gov | June 10, 2015
Petition for review after the Court of Appeal affirmed the judgment in a civil action. The court limited review to the following issue: In an action for wrongful foreclosure on a deed of trust securing a home loan, does the borrower have standing to challenge an assignment of the note and deed of trust on the basis of defects allegedly rendering the assignment void?
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Rescission Confusion Persists
livinglies.wordpress.com | June 10, 2015
For more information on common law rescission, TILA Rescission and foreclosure defenses please call 954-495-9867 or 520-405-1688. THIS IS NOT A LEGAL OPINION ON ANY ONE PARTICULAR CASE. GET A LAWYER, BUT INSIST THAT HE OR SHE DO THOROUGH ANALYSIS BEFORE HE OR SHE GIVES AN OPINION.
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STANDING - 8th Circuit finds homeowner has NO STANDING to challenge failure to timely transfer into the trust
justia.com | June 7, 2015
Rogers’s 2005 mortgage on her Minnesota home was executed in favor of Countrywide and it listed Mortgage Electronic Registration Systems (MERS) as the mortgagee. In 2008, MERS transferred its interest in the mortgage to a securitized mortgage trust by assigning the mortgage to Bank of New York as Trustee for the Certificate holders.
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JPMorgan Chase mortgage banker sentenced for bribery, tax evasion
housingwire.com | June 7, 2015
A Texas mortgage banker was sentenced to six months in prison, followed by six months of home confinement, for her role in a commercial bribery and tax evasion scheme. Lynda Sanabria of Rockwall, Texas, admitted accepting hundreds of thousands of dollars in bribes in return for selling mortgage loans to her preferred customers on the secondary mortgage market.
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IMPORTANT USSC DECISION 6-1-15 RE: 2d TD's Survive Ch 7 BK UNLESS Debtor Objects to Bankster's 506(d) Claim and Court Sustains the Objection
June 2, 2015
I previously advised to ALWAYS make OBJECTIONS in the court below. They are usually waived on appeal if not made below (few rare exceptions-like when Ap Ct wants to create stare decisis on one of their pet issues. THIS USSC CASE IS A PERFECT EXAMPLE OF WHAT I HAVE BEEN PREACHING FOR YEARS! This is about SECOND TRUST DEEDS in Chapter 7 BK case. Are they discharged where the FIRST TD AMOUNT is MORE than the appraised or market value of the home; hence they would not be paid off in foreclosure.
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May 2015

Court Appeals Second Circuit Reversed District Court's Holding Whether NBA Preempts Claims & Denial of Class Certification; Debtor Plaintiffs Given Second Chance
justia.com | May 29, 2015
Plaintiff filed a putative class action alleging that defendants violated the Fair Debt Practices Act (FDCPA), 15 U.S.C. 1692e, 1692f, by charging and attempting to collect interest at a rate higher than permitted under the law of her home state and that defendants violated New York's usury law, N.Y. Gen. Bus. Law 349; N.Y. Gen. Oblig. Law 5-501; N.Y. Penal Law 190.40.
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HBOR Collaborative May Foreclosure Newsletter
May 28, 2015
HBOR Collaborative's May Foreclosure Newsletter (PDF) features an article on tort liability for bad servicing and improper loan modification practices. It also includes summaries of recent HBOR and foreclosure-related case law, new HUD guidance on non-borrowing spouses with reverse mortgage, and information on a free foreclosure PLI training on July 14.
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Who's Money Did They Loan?
nesaranews.blogspot.com | May 28, 2015
Please read these cases, then open the gif for Title 62 Revised Statutes Chapter 4. Read section 37 real close and ask yourself, Who's money did they loan? A national bank cannot lend its credit or become the guarantor of the obligation of another unless it owns or has an interest in the obligation guaranteed especially where it receives no benefits therefrom. Citizens' Nat. Bank of Cameron v. Good Roads Gravel Co., Tex.Civ.App.1921, 236 S.W. 153, dismissed w.o.j.
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CA Appelate Decision: Damage Claims Against OneWest Goes to Jury, Summary Judgment reversed
livinglies.wordpress.com | May 26, 2015
This case allows the jury to hear claims against OneWest for fraud, negligent misrepresentation, concealment, promissory estoppel, negligence, wrongful foreclosure, and violation of CA Business and Professional Code. Here is an example of the obvious: a Judge takes no risk in denying a motion for summary judgment. It is only when the Judge grants summary judgment that there is a risk of reversal.
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This Former Bank Regulator Quit His Job to Fight For His House
vice.com | May 26, 2015
Eric Mains is fulfilling a dream many Americans have had since the onset of the financial crisis seven years ago: He's attacking fraud in the banking industry as aggressively as he can, using every possible tool under the law to achieve justice —and win some money back for himself.
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Important TILA rescission not barred under SSC Jesinoski c. CW; however, lost as he never alleged 1635(i)(2) claim
justia.com | May 19, 2015
After refinancing a home mortgage in 2007, Beukes, mailed a notice of rescission in 2010, which was rejected. Beukes stopped making payments. Mortgage Electronic Registration Systems (MERS), as nominee for the lender, published notices of a mortgage foreclosure sale. MERS ultimately purchased the property at a foreclosure sale. Beukes sued, seeking rescission and damages under the Truth in Lending Act, 15 U.S.C. 1635(a), claiming that the amount disclosed as the finance charge on the loan understated the amount they were actually charged by $944.31.
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IMPORTANT NY Case 6-yr SOL does not bar suit where FORGED DEED is VOID AB INITIO no SOL bar
justia.com | May 19, 2015
Faison v Lewis 2015 NY Slip Op 04026 Decided on May 12, 2015 Court of Appeals Rivera, J. Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431. This opinion is uncorrected and subject to revision before publication in the Official Reports.
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Consumers LOSE BIGTIME at Ninth Circuit - Debt Collector Can Charge 10% Pre-Judgment Interest
justia.com | May 13, 2015
Plaintiff filed suit against defendant, a debt collector, alleging that by sending a collection letter that sought ten percent interest on a debt, defendant violated the federal Fair Debt Collection Practices Act (FDCPA), 15 U.S.C. 1692(f)(1) and thereby violated California's Fair Debt Collection Practices Act (the Rosenthal Act), Cal. Civ. Code 1788-1788.33.
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Your questions about Rules of Notary Publics in CA
May 12, 2015
When completing a certificate of acknowledgment or a jurat, a notary public is required to certify to the identity of the signer of the document. (Civil Code sections 1185(a), 1189, Government Code section 8202) Identity is established if the notary public is presented with satisfactory evidence of the signer’s identity.
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The Enemy... Snake in the grass... Black Widow Nest
May 12, 2015
For those of you who dont know... there is UTA. United Trustees Association. It is one of the Black Widow nests we are up against in our fight that we dont even know about.
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The Rosen Law Firm Reminds Altisource Residential Corporation Investors of the Important Deadline in the Class Action Filed by the Firm
businesswire.com | May 10, 2015
NEW YORK--(BUSINESS WIRE)--The Rosen Law Firm, a global investor rights law firm, reminds purchasers of Altisource Residential Corporation (RESI) securities from February 7, 2013 through January 23, 2015 of the important May 26, 2015 lead plaintiff deadline in the class action filed by the firm. The lawsuit seeks to recover damages for Altisource Residential Corporation investors under the federal securities laws.
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Your Questions About Rules of Notary Publics in CA (they are commissioned for four years at a time) - Must Sit for Exam Each and Every Four Years and be Fingerprinted Again
sos.ca.gov | May 10, 2015
Click here to download handbooks used to sit for the every 4-year exam live, followed up by obtaining new fingerprints each time.
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Nod on Void Dot is Notice of Cloud on Title But Does Not Bar Suit to Quiet Title Statute of Limitations is Not a Bar
justia.com | May 8, 2015
Salazar was born in Mexico in 1945. He speaks little English and cannot write English. His wife attended school through the second grade. She does not speak, read or write English. They operate a food truck. In 1992, they purchased commercial property on Brundage Lane in Bakersfield. Most of the businesses occupying the property were run by their children, who did not pay rent. They also had rent-paying tenants.
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Nebraska Supreme Court Rules Against Homeowner - No Standing to Challenge Assignment as They Could Not Show Any Damage From Such Assignment
justia.com | May 8, 2015
Plaintiffs asserted six causes of action against Wells Fargo Bank, N.A. (Wells Fargo), the Federal