Tuesday, August 27, 2013


There are more checks on the way to people who were in foreclosure in 2009 and 2010 as the Jacksonville-based EverBank agrees to hand out $37 million to wronged borrowers.
The Office of the Comptroller of the Currency announced the agreement late Friday. More than 32,000 people nationwide are eligible for the money, which will range from $1,050 to $125,000 per person.
Borrowers will be contacted by a third-party paying agent and can qualify for the money even if they didn’t apply to the Independent Foreclosure Review.
EverBank was subject to a cease and desist order for unsafe and unsound practices in mortgage servicing and foreclosure processing.

Thursday, July 18, 2013


The top Republican on the House Financial Services Committee has tucked a provision into his mortgage finance reform bill that would create a privately held “National Mortgage Data Repository.” The repository would basically look like MERS, the bank-owned electronic database tracking mortgage transfers. The difference is that, while MERS’ activities have drawn legal challenges across the country, the National Mortgage Data Repository would have the force of statute to carry out the exact same behavior. According to the bill text, any document arising from this repository would be seen as presumptively legal, pre-empting state and federal laws on demonstrating the right to foreclose.
Jeb Hensarling, the chair of the House Financial Services Committee, introduced the bill last Thursday. Hensarling has already gotten into trouble this year for taking a ski vacation/fundraiser with Wall Street lobbyists, including an official from the American Securitization Forum, just six weeks after getting the Financial Services Committee gavel. Financial interests donated over $1 million to Hensarling in the last election cycle. It’s not a stretch to suggest that legislation offered by Hensarling at least has the stamp of approval from Wall Street, if it’s not directly written by their lobbyists.
The bill is called the Protecting American Taxpayers and Homeowners (PATH) Act, and it’s the House Republican response to a series of bills and initiatives to resolve Fannie Mae and Freddie Mac, and set a course for the future of mortgage finance. Most of the bill deals with that: in Hensarling’s vision, Fannie and Freddie are totally dismantled within five years, and private actors take up the slack with virtually no government guarantee. While in the past I’ve trashed the idea of just reconstituting Fannie and Freddie under a different name, in reality, expecting private actors to recreate a secondary mortgage market without any guarantee (or even with one, in my view) is wishful thinking.

Read more at http://www.nakedcapitalism.com/2013/07/house-republican-gse-bill-would-codify-mers-pre-empt-private-property-rights.html#FD6Pt6WTQmr28Q5A.99 

Take action!

Wednesday, June 26, 2013



Great depo of a Robo-Witness who knows nothing in a foreclosure case…
First, although the Ms. EDWARDS listed her position as “Vice President” in the verification of the Complaint, Ms. EDWARDS admitted that she was “not the vice president” of the company. Then, Ms. EDWARDS admitted that the alleged Power of Attorney which allegedly gave the servicer, her employer, the right to act on behalf of the Plaintiff, was not made by the Plaintiff and did not even mention the Plaintiff’s name. Further, the Corporate Resolution from the Plaintiff’s employer contained conflicting directives as to whether or not Ms. EDWARDS was actually even authorized to sign for the company for which she worked, HOMEWARD RESIDENTIAL, which is not even a party to this action.
Even if she was authorized to sign on behalf of the Plaintiff, Ms. EDWARDS admitted that she did not and could not verify all of the factual allegations in the Complaint. Although Ms. EDWARDS signed the verification on the Complaint under penalty of  perjury and swore that all of the facts alleged in the complaint were true and correct to the best of her knowledge and belief, she admitted in her deposition that her knowledge regarding most of the information was gained solely from the information found in the Complaint. The very document Ms. EDWARDS was charged with verifying.

Tuesday, June 25, 2013


A former Lender Processing Services Inc. (LPS) executive was sentenced to five years in prison for her role in a six-year mortgage forgery scheme, the Department of Justice said.
Lorraine Brown, 56, pleaded guilty in November to a scheme to prepare and file more than one million fraudulently signed and notarized mortgage-related documents. She was sentenced Tuesday by Senior U.S. District Judge Henry Lee Adams Jr. in the Middle District of Florida. In addition to her prison term, Ms. Brown also was sentenced to serve two years of supervised release and ordered to pay a fine of $15,000.
Ms. Brown served as the chief executive of DocX LLC, an LPS subsidiary that prepared and recorded mortgage-related documents, including assignments needed to show ownership of loans in foreclosures. DocX closed down in early 2010.
According to the plea agreement, DocX employees, at the direction of Ms. Brown and others, began forging and falsifying signatures of authorized personnel on the mortgage-related documents that they had been hired to prepare and file with property recorders’ offices. The documents were fraudulently notarized as if actually executed by authorized DocX employees, the DOJ said.
According to plea documents, Ms. Brown implemented these signing practices at DocX to generate greater profit. The unit was able to create and execute larger volumes of documents using these signing and notarization practices and also hired temporary workers who worked for lower costs to act as authorized signers. Between 2003 and 2009, DocX generated approximately $60 million in gross revenue.

Saturday, June 22, 2013

It's Not a Student Loan II

Disabled Mom
Kimberly Noland could have used that kind of help.
Noland, 44, lives in Fayetteville, Arkansas, with her husband, a laid-off factory worker now employed at a Wal-Mart store, and their seven-year-old daughter.
Noland injured her leg while working in a day-care center. She started collecting $828 a month in Social Security disability payments in 2010.

Shortly after she qualified, Collection Technology Inc., an Education Department debt collector, called about Noland’s roughly $30,000 in defaulted student loans from attending the University of Arkansas.
A collector told her she had to pay $325 a month, almost as much as her rent, Noland said in a phone interview. She couldn’t afford it on her family’s $20,000 annual income, she said.
“I have a child,” Noland remembered telling the collector. “I can’t give you every bit of money in my house.”

‘Final Number’
“This is our final number,” the collector replied, saying her boss wanted even more, according to Noland. The phone conversation lasted more than an hour, she said. She was given three days to decide, or Collection Technology would seize part of her disability check “forever,” and she would never have another chance to rehabilitate her loan, Noland said.

She bought a prepaid debit card at Wal-Mart, authorizing Collection Technology to make the $325 monthly withdrawals. She visited churches to collect free bread and canned goods.

Friday, June 21, 2013

It's Not a Student Loan!

As then-law professor Elizabeth Warren said in 2007, “Why should students who are trying to finance an education be treated more harshly than someone … who racked up tens of thousands of dollars gambling?”
In addition to having no escape from their loans, students must deal with aggressive creditors that can get to virtually any income source to secure payment – paychecks and tax refunds included. The Department of Education uses an “army of private debt collectors,” some of the most notorious financial operators out there, to intimidate and harass student borrowers. These collectors earned $1 billion in commissions from taxpayers in 2011. They get paid bonuses for extracting higher payments, and they can also rack up additional fees virtually endlessly. That’s because student debt has no statute of limitations on collectors, unlike most other forms of debt. The government can even collect student loan payments from Social Security checks, thanks to a 1996 law (this is not theoretical, as growing numbers of seniors are entering retirement with student debt).
Read more.. from Salon

MUST SEE NEW VIDEO: Arizona Homeowners Fight Forged Docs, While AG say's It's Ok, They're Just "Short Cuts."

J@H Note: Notice at the 3:27 mark, the Attorney General's response - bought and paid for! Now, call your Attorney General. Push him, not to convert him or same him. Push him to save your home and to insure a better future for your children. Want to know more? We have 4 active committees where you can find the kind of action that suits you.

Attend the Justice@Home web and phone conference on Tuesday nights @ 7-8PM. @8:30 we take on the consumer debt collectors. Come learn to protect yourself. Login and numbers here: https://www.startmeeting.com/wall/891-519-580

The ABC15 Investigators sat down with Arizona Attorney General Tom Horne to find out.
We were surprised to hear Horne characterize the use of forged documents as a “shortcut.”
“Maybe a document was signed, somebody signed someone else’s name as a shortcut, but in the underlying transaction, there was no injustice,” Horne said.
Referring to the homeowner facing foreclosure, Horne said, “That person didn’t pay.
The ABC15 Investigators pressed Horne on why the laws against forgery and fraud don’t seem to apply equally.
“If the homeowner is going to come in and fight their foreclosure and forge their own documents, they are going to jail,” we said. “So I don’t think they are going to be so sympathetic to your argument that the underlying premise is that they still didn’t pay. Because many of these people did pay and they were still foreclosed on with fraudulent documents.” 

No Shock: We Were Told to Lie!

This is not really new news, rather it's a deeper revelation to wake us from our slumber. If you're still wondering if we should fight or keeping bowing to authority, maybe this will help get you back into a 60's and 70's frame of mind.

"... Bank of America’s mortgage servicing unit systematically lied to homeowners, fraudulently denied loan modifications, and paid their staff bonuses for deliberately pushing people into foreclosure: Yes, these allegations were suspected by any homeowner who ever had to deal with the bank to try to get a loan modification – but now they come from six former employees and one contractor, whose sworn statements were added last week to a civil lawsuit filed in federal court in Massachusetts."  Learn more from Salon

So, if you one of the handful of people still referring to home-owners as "dead-beats," you'll have to create a
harsher label for these guys. Banksters, a combination of bankers and gansters just doesn't cut as deep as "dead-beat" homeowner. In fact, name calling or exposure doesn't stop these folks. They can't be "shamed" because they have no real honor, no real pride or principles to serve a collective good. They have never, nor will they ever stop themselves.

The limits of tyrants are prescribed by those they oppress
(Frederick Douglass)

Beware of the Standard-Makers and Rating Agencies: The Last Mystery of the Financial Crisis

It's long been suspected that ratings agencies like Moody's and Standard & Poor's helped trigger the meltdown. Matt Taabi exposes a new trove of embarrassing documents shows how they did it

In incriminating e-mail after incriminating e-mail, executives and analysts from these companies are caught admitting their entire business model is crooked.

Listen in...

“Lord help our fucking scam . . . this has to be the stupidest place I have worked at,” writes one Standard & Poor’s executive. “As you know, I had difficulties explaining ‘HOW’ we got to those numbers since there is no science behind it,” confesses a high-ranking S&P analyst. “If we are just going to make it up in order to rate deals, then quants [quantitative analysts] are of precious little value,” complains another senior S&P man. “Let’s hope we are all wealthy and retired by the time this house of card[s] falters,” ruminates one more.

Read more, and remember who is the dead-beat, and who's taking a beating. Fighting is winning.  Stop waiting, wishing and praying for Superman, Obama-man, or the Calvary, God sent you. Attend our weekly web and phone conference meeting to see what you can do locally (you too are affected) and nationally. 

Tuesday, May 7, 2013

Stop Debt Collector Harassment! Know your legal rights! DIY Counter-Sue the Sharks and Win

For years now, Justice@Home has been fighting fraudulent foreclosures and wealth transfer. We still are fighting, and we're still winning. However, losing our homes wasn't enough, now, the sharks - posing as debt collectors - are trying to take what little we have left to raise dreams on.

We can't stand for that, so we've started J@H II -  focusing on teaching and supporting consumers to fight both administratively and in the courts to stop the alleged "debt collection abuse."

Unfortunately, the Attorney Generals won't stop it. The legislatures won't stop this abuse, so again we're left to fend for ourselves as pro-se litigants. And fend we will. Starting Tuesday March 14th  we're dedicating one hour to teaching all who come about the abuses and what they can do to stop it.

We'll also roll out 2 new courses and supports systems designed to make sure our members know what to do and how to do it. Please join us and spread the word. Do anything except be silent. Just like with the mortgages, silence costs us dearly. So tell and come to learn and tell some more. We're the ones we've been waiting for.

Wekesa O. Madzimoyo

Tuesday, April 30, 2013

INDEPENDENT FORECLOSURE REVIEW | Payments to Goldman Sachs and Morgan Stanley Borrowers Covered by Foreclosure Agreement to Begin May 3

INDEPENDENT FORECLOSURE REVIEW | Payments to Goldman Sachs and Morgan Stanley borrowers covered by foreclosure agreement to begin May 3
For immediate release

Payments to mbegin on Friday, May 3 following an agreement announced earlier this year by the Federal Reserve Board.

Under the agreement, $247 million will be made in direct payments to borrowers whose homes were at any stage of the foreclosure process in 2009 and 2010 with the former subsidiaries of Goldman Sachs (Litton Loan Servicing LP) and Morgan Stanley (Saxon Mortgage Services, Inc.).

Payments will range from $300 to more than $125,000. In most cases, borrowers will receive a letter with an enclosed check sent by the paying agent–Rust Consulting, Inc. Some borrowers may receive letters from Rust requesting additional information needed to process their payments. Previously, Rust sent postcards to borrowers notifying them of their eligibility to receive payment under the agreement.

Read More..

Friday, April 19, 2013


(Reuters) - A federal judge has revived a securities fraud lawsuit accusing Bank of America Corp Chief Executive Brian Moynihan, his predecessor Kenneth Lewis, and others of misleading shareholders about the risk the bank might have to buy back large amounts of soured mortgages.
U.S. District Judge William Pauley in Manhattan in July had dismissed various claims against the executives by shareholders led by the Pennsylvania Public School Employees' Retirement System, while letting their case against the second-largest U.S. bank proceed.

But Pauley said the new allegations in an amended lawsuit "plausibly establish fraudulent conduct and a culpable state of mind as to all executive defendants" for allegedly concealing the buyback potential when certifying the bank's financials.
[Wekesa note: Investors get court relief for bank fraud; homeowners are thrown to the wolves]
He also said Moynihan could be liable for statements that were inconsistent with a May 13, 2010, letter sent on his behalf to the Financial Crisis Inquiry Commission regarding the bank's securitization practices.
The other individual defendants include former chief financial officers Joe Price and Charles Noski, and Chief Accounting Officer Neil Cotty.
Jay Kasner, a lawyer for the individual defendants, was not immediately available for comment. Bank of America spokesman Lawrence Grayson declined to comment. Mark Rosen, a lawyer for the plaintiffs, was not immediately available for comment.
The shareholders alleged they had been misled into buying shares of Charlotte, North Carolina-based Bank of America in 2009 and 2010.
Wekesa Note:
Many "investors" were you and many
other workers whose retirement and
pensions were raided! 
They claimed that Bank of America knew at the time it faced capital shortfalls and large mortgage buybacks, and that recordkeeping in Merscorp Inc's private Mortgage Electronic Registration Systems registry was so poor that it would not be able to legally foreclose on thousands of delinquent mortgages.
Mortgage finance giants Fannie Mae and Freddie Mac and several large banks had established MERS in 1995 to circumvent the often unwieldy process of transferring ownership of mortgages and recording changes with county clerks.
Earlier on Wednesday, Bank of America Corp announced a $500 million settlement with investors who claimed they were misled by its Countrywide unit into buying risky mortgage debt. That settlement was the largest to resolve federal class-action litigation over mortgage-backed securities.
The case is Pennsylvania Public School Employees' Retirement System et al v. Bank of America Corp et al, U.S. District Court, Southern District of New York, No. 11-00733.

Thursday, April 18, 2013

Mortgage Relief Checks Go Out, Only to Bounce

A $300 relief check that bounced. The name and other information was redacted by
The New York Times for privacy reasons.

When the bank account is running dry and the mortgage payment is coming due, the phrase “insufficient funds” is the last thing you want to hear.
Now imagine hearing those two words when trying to cash a long-awaited check from the same bank that foreclosed on you.
Many struggling homeowners got exactly that this week when they lined up to take their cut of a $3.6 billion settlement with the nation’s largest banks — lenders accused of wrongful evictions and other abuses.
Ronnie Edward, whose home was sold in a... Read More

Monday, April 15, 2013

The Power of Affirmative Defenses: SUMMARY JUDGEMENT REVERSED!

“Here, the bank failed to refute the homeowners’ affirmative defense of lack of notice of accelerationthirty days prior to the filing of the Complaint as required by the mortgage. The letter attached to the Complaint was dated only six days prior to the filing of the Complaint. While the bank argues that section 15 of the mortgage provides that notice is deemed to have been given when mailed by first class mail, the bank failed to prove that any notice was sent by first class mail. For these reasons, we reverse and remand for further proceedings.”
January Term 2013
No. 4D11-3098
[April 10, 2013]
Homeowners appeal a final summary judgment of foreclosure. They argue the trial court erred in entering summary judgment because the bank failed to refute two of their affirmative defenses. We agree and reverse.
The homeowners executed a note and mortgage with the bank. Section 22 of the mortgage stated, in pertinent part:
Lender shall... Read More on 

Saturday, April 13, 2013


“You Must Secure The Collateral/Custodial Files & All Electronic Entries In The Lender’s’ Accounting, Financial, & General Ledger Systems & Document Custodian’s Tracking System”
This may be one of the most important papers I have written regarding mortgage foreclosures and the mortgage foreclosure crisis we face in America. Since 2007, our nation has been in the midst of the Great Recession and a fiscal crisis we have not endured since the Great Depression. In order for our nation to prosper and move out of this Great Recession, we must fix our housing, mortgage, and securities markets.
We must clean house, no pun, and take a top to bottom approach in this effort. To do this, we must rid our courts of the backlogs of foreclosure cases and bring homes and properties to the marketplace in as smooth a transition process as possible. To do this, we must reform many industry practices and educate judges and lawyers on how to accomplish this goal in a constitutionally protected manner.
No one and I mean no one should unjustly benefit and be enriched from this morass and the crimes committed. With this paper I am sure to take some shots from many of my advocate and foreclosure defense lawyer colleagues and friends who will not like some of what I write here. However, this is an equal opportunity and critical paper. No one deserves a free house. Any lawyers claiming they will get you a free house need to be reported to the their state bar association.
Servicers and corrupt foreclosure law firms should not get a free house either. They must prove up their rights and claims in a constitutionally protected fashion. Short of the death penalty and incarceration, the taking of a human being’s home or property should take be conducted with the utmost of care and caution in the judicial process. The automated and robotic foreclosure processes that have been engineered over the last two-decades must be reengineered to stop the frauds and abuses that have permeated our legal system.
Read the report below...

Wednesday, April 10, 2013

Foreclosure settlement: a nationwide crime scene

                               Foreclosure settlement: a nationwide crime scene
Banks are foreclosing on military members, on people who had been approved for a loan modification, and even on people who were never behind in their payments--all part of an astounding settlement that shortchanged millions of homeowners and left hundreds of thousands wrongfully ejected from their homes.  Former Governor Elliot Spitzer; Alexis Goldstein, former Vice President at Merrill Lynch and Deutsche Bank, now an Occupy Wall Street activist ; and Faith Bautista, who was the victim of wrongful home foreclosure in 2009, join Chris Hayes and paint a stark picture of what happened, who is responsible and why there isn't more justice from the government.
 Visit NBCNews.com for breaking newsworld news, and news about the economy

Monday, April 8, 2013

Servicers Agree to Pay Up $39 Million for Illegal Foreclosures

Servicers Agree to Pay Up $39 Million for Illegal Foreclosures

Foreclosed Home Sign
The U.S. Justice Department announced that under its 2011 settlements with BAC Home Loans Servicing and Saxon Mortgage Servicing Inc., 316 service members whose homes were unlawfully foreclosed upon between 2006 and 2010 are due to receive over $39 million in monetary relief for alleged violations of the Service members (military) Civil Relief Act (SCRA). 
Under the first settlement, Bank of America is required to pay over $36.8 million to service members whose homes were unlawfully foreclosed upon between 2006 and 2010. Each service member will receive a minimum of $116,785, plus compensation for any equity lost with interest.
Bank of America has already begun compensating 142 service members whose homes were illegally foreclosed on between 2006 and the middle of 2009. Under the same agreement, Bank of America agreed to provide information about its foreclosures from mid-2009 through the end of 2010. 
As a result of that review, Bank of America will now pay 155 service members upon whose homes it illegally foreclosed. Borrowers receiving payment under this settlement may receive an additional payment under a settlement between Bank of America and federal banking regulators -- the Office of the Comptroller of the Currency and the Board of Governors of the Federal Reserve System -- if the foreclosure occurred in 2009 or 2010. Payments provided under the federal banking regulators’ settlement will bring the total amount received by eligible borrowers to $125,000 plus equity where applicable.  Read more...

Thursday, April 4, 2013

Williams & Connolly Sues Bank Regulator Over Foreclosure Review Information

Williams & Connolly Sues Bank Regulator Over Foreclosure Review Information

In a bid for more information about how consultants landed lucrative contracts to review bank foreclosures, Williams & Connolly filed a Freedom of Information Act suit against the Office of the Comptroller of the Currency on behalf of an unnamed client.
The suit, brought by partner David Aufhauser in U.S. District Court for the District of Columbia, seeks documents that detail the OCC’s criteria for hiring "independent" consultants to review bank foreclosures.
The OCC and the Federal Reserve in 2011 directed mortgage servicers including Bank of America, Citibank, Wells Fargo and Goldman Sachs to hire independent consultants to embark on a case-by-case review of hundreds of thousands of foreclosures. The goal: to determine whether borrowers were afforded all of the protections they were entitled to under the law and to provide compensation to homeowners harmed by bank errors.
But the process seemed mainly to benefit the consultants, who raked in nearly $2 billion through November 2012 without a single borrower receiving compensation. As OCC head Thomas Curry put it in a February speech, the independent foreclosure review “proved to be much more complicated than anyone anticipated.”
In January, banking regulators pulled the plug on the program, striking deals with 13 servicers to pay more than $9.3 billion in cash payments and other assistance to help borrowers.
In its FOIA suit, filed on March 27, Williams & Connolly wants to know exactly what guidance OCC provided to mortgage services for hiring the independent consultants. The suit seeks “All documents and/or records relating to the OCC’s definition of independence,” including “Any documents and/or records relating to determining whether any particular independent consultant…was or was not independent.”
Companies including Promontory Financial Group, PricewaterhouseCoopers, Ernst & Young and Deloitte & Touche were hired by mortgage servicers to conduct the reviews.
The OCC initially refused Williams & Connolly’s request in full, citing FOIA subsection (b)(8), which exempts information “contained in or related to examination, operating, or condition reports prepared by… an agency responsible for the regulation or supervision of financial institutions.”
Williams & Connolly appealed the request to the OCC in September, and “specifically noted that the OCC could not withhold the documents under the stated exemption,” according to the complaint.
The OCC in December released five pages of partially redacted documents related to its definition of independence and provided documents that were publically available on its website. Also, the agency offered new grounds for withholding information, citing subsection (b)(5) which exempts “inter-agency or intra-agency memorandums or letters which would not be available by law to a party other than an agency in litigation with the agency.”
Aufhauser argued in the complaint that Williams & Connolly has a “right of access to the documents requested, and Defendant has no legal basis for its actions in withholding the right of access to such documents.” The suit also seeks attorneys’ fees.
Aufhauser, who did not respond to a request for comment, previously served as general counsel of the Treasury Department.

So called Housing Recovery is Different

This Housing Recovery Is Different:
Investors Are Now Big Buyers

...Unlike past housing recoveries, this one is heavily supported by investors — big and small. They account for about a third of home purchases in the existing housing market, according to the National Association of Realtors.
Among those big investors are the Blackstone Group (BX) which has been buying $100 million worth of single family homes a week since early last year, spending a total $3.5 billion to date, according to the Wall Street Journal. Click picture to learn more.
Related Stories:

Big business bets billions on Atlanta's housing recovery 

Could Wall Street's plan to buy up and rent out foreclosed homes boost hard-hit neighborhoods? Or inflate another housing bubble?

CLEAN CUT: This previously vacant Grant Park home was purchased, renovated, and put up for rent by Invitation Homes, a subsidiary of large investment firm Blackstone Group LP.

One More:

Tuesday, April 2, 2013

J@H Tuesday April 2nd. Education and Awareness Meeting

Please join 

  • Date and Time:
  • Meeting Wall:
  • US Toll Number:
  • MeetingID:
  • 2013 07:00 PM - Every week on Tuesday  (US/Eastern)
  • https://www.startmeeting.com/wall/891-519-580
  • (530) 881-1212
  • 891-519-580

Problems?                Call: 404.201.2356


  • A Flood of Debt Collection Letters hit the ATL! 
Solution: Applying what you learned from fighting mortgage fraud to the latest in debt collection fraud.
Sign up for the special classes: Pro se Litigants Fight Creditors 
  • The Power of We (Sharing responses to see defense attorney use the same arguments, code, and citations.)
  • News & Resources you can use to fight Re: Mortgage Fraud and Wealth Transfer
  • Fighting is Winning: Success Stories
  • Questions and Answers


By Phone: At the scheduled date and time of the meeting, dial into the conference line. When prompted, enter the meeting ID, followed by the pound key. 

Online: To join the online meeting, click on the meeting link listed above, then press "Join".  On the next page, complete your name and email address, then press "Submit".  The system will guide you through the process of downloading the meeting dashboard to participate in the online 

Disclaimer: Justice@Home attendees, family, supporters are not lawyers and we don’t give legal advice. Our support and educational information is just that educational information. It is no substitute for legal counsel. We don’t write complaints for you anyone. If you are considering legal action we advise you make one of two choices: seek professional legal assistance from a qualified and experienced lawyer or DECIDE to REPRESENT YOURSELF AS A PRO SE LITIGANT. The latter path is not easy or certain, but neither is the former.  

Friday, March 29, 2013


Niel Garfield's Comment: Like a breath of fresh air, I received Bill's email and I encourage anyone in Minnesota to seek him out. He totally gets it , explains it, and understands it. Here is the beginning of the attached article:
The Butler Liberty Law firm has commenced 27 lawsuits involving 197 plaintiffs challenging the mortgage foreclosure rights of the October 2008 Bailout Banks holding “securitized” mortgages. The plaintiffs’ claims in all of these cases is based on a “quiet title” cause of action.
Quiet title law allows a person in possession of real property (or a person asserting a title interest in vacant property) to bring suit against someone claiming a lien or other interest in real property. A successful quiet title action results in a court “quieting” title to the real property; that is, resolving the claims and interests of the parties and removing and/or voiding any invalid liens or claims.
In 1995 I tried and won the only case I am aware of that resulted in the voiding of two securitized mortgages. In that case, First National Bank of Elk River v. Independent Mortgage Services, 1996 WL 229236 (Minn. Ct. App. No. DX-95- 1919) (FNBER v. IMS), I represented a bank against a mortgage loan securitizer who was claiming rights in a mortgage without having possession of the homeowner’s promissory note and without having ever advanced any funds to the homeowner. As indicated in the decision above, my bank client won the battle of the putative mortgagees because my client was able to produce the original promissory notes with endorsements that clearly indicated that the defendant securitizer and pretender mortgagee had no right, title or interest in the notes.
A note is a promise to pay. A mortgage is security for that promise to pay. No note = no mortgage. The rubber meets the road reality of FNBER v. IMS clearly illustrates this ancient legal principle.

Wednesday, February 27, 2013

Borrower Beware: Don’t Payoff Without Tender of REAL Original Note

The Perils of Payoff

On the road again: I met a fellow on the Red Coach from Tallahassee to Fort Lauderdale who is pursuing a case that proves the central point of this blog: Whether you are selling, refinancing, Short-Selling, or otherwise paying off your supposed loan balance, the institution that receives the payoff (a) has no right to the money and (b) has no authority to execute a satisfaction of the note and mortgage even upon receipt of the money. And the reason is that in most cases they don’t have the note, which means it is still in circulation somewhere supporting as much as 42 times the face value of the note in hedges and derivatives. When confronted with a payoff of the loan, the institution is more than happy to take your money but will lie and cheat to avoid providing you with a real non-photo-shopped original note.
Unfortunately, most people are still taking ... More

A List of Mortgage Closures, Mergers and Layoffs

Monday, February 25, 2013

BOA Whistle Blower

New Whistleblower Describes How Bank of America Flagrantly Violates Dual Tracking, Single Point of Contact Requirements in State/Federal Mortgage Settlement

Remember that big, ballyhooed mortgage settlement of early last year? The one where homeowners got $25 billion of relief (well actually only around $5 billion in cold cash, but why bother with pesky details?) The one made possible by Eric Schneiderman abandoning his fellow state attorneys general to grasp the brass ring of a do-just-about-nothing Residential Mortgage-Backed Task Force? The one that would make banks clean up their act and stop using robosigned documents and deal more fairly with borrowers?

Specifically, that agreement provided for strict limits on one practice, dual tracking, and the creation of a new one, single point of contact. Both relate to mortgage modifications. Dual tracking is when a bank starts and continues to advance the foreclosure process at the same time a borrower is being considered for a modification. That play out badly for a lot of borrowers during HAMP mods, when they would receive foreclosure notices, get understandably freaked out, since they had a modification application in with their servicer, and would typically be told to ignore the foreclosure mortgages. That was bad, and perhaps deliberately duplicitous advice, since many people lost their homes that way. Single point of contact is the requirement that a bank provide one person for a borrower to deal with during the mortgage modification process

Read more at Naked Capitalism:


Saturday, February 23, 2013


Law360, Wilmington (February 13, 2013, 7:53 PM ET) — Lender Processing Services Inc. directors were hit with a shareholder derivative suit Tuesday alleging their failure to go after higher-ups responsible for the “robosigning” of foreclosure documents and other faulty practices left the mortgage servicer on the hook for hefty legal expenses.
Shareholder Steven Hill claims in a complaint filed in Delaware Chancery Court that while Florida-based LPS has borne the high cost of resolving litigation over the business practices of subsidiaries LPS Default Solutions and DocX, including a recently announced $127 million settlement, the company’s…
More @Law360, or read complaint below


January Term 2013

No. 4D11-1767
[February 20, 2013]
Appellants Gil L. Serrano, Onelia Serrano, and Tiulang Valdes, defendants below, appeal a final summary judgment of foreclosure in favor of appellee HSBC Bank USA, N.A. as Trustee for Wells Fargo Asset Securities Corporation, Mortgage Asset-Backed Pass-Through Certificates, Series 2007-PA1. We reverse the summary judgment because there remains a genuine issue of material fact regarding whether appelleecomplied with the condition precedent contained in the mortgage to provide pre-suit notice of acceleration. See Dominko v. Wells Fargo Bank, N.A., 102 So. 3d 696 (Fla. 4th DCA 2012). We find no merit in the other issues briefed by appellants.
Reversed and remanded.
pdf here: http://www.scribd.com/doc/126899088/Serrano

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