Forcing Discovery

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On His Own Volition Judgment Upheld.

http://www.southeastfinanciallitigation.com/2014/11/georgia-court-of-appeals-upholds-sua-sponte-summary-judgment-against-lender-in-wrongful-foreclosure-case/

Signing Waiver May Violate TILA

http://www.southeastfinanciallitigation.com/2014/12/eleventh-circuit-holds-that-post-dated-waiver-of-the-right-to-rescind-a-home-loan-negates-clear-and-conspicuous-notice-under-the-truth-in-lending-act/

JACKSONVILLE-BASED EVERBANK TO PAY $43.3 MILLION FOR FORECLOSURE CRIMES

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.

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MASSIVE- CONGRESS MOVING TO MAKE ROBOSIGNING AND ILLEGAL FORECLOSOURES LEGAL!

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 

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Is Gold The Next Sub-Prime Scam

The Secret World of Gold 

Take your time with this one.

“ROBO-WITNESS” AS SERVICER FOR THE PLAINTIFF

FULL DEPOSITION OF ANGELA EDWARDS “ROBO-WITNESS” AS SERVICER FOR THE PLAINTIFF FOR VERIFICATION OF FORECLOSURE COMPLAINT

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.

Read more: http://4closurefraud.org/2013/06/26/full-deposition-of-angela-edwards-robo-witness-as-servicer-for-the-plaintiff-for-verification-of-foreclosure-complaint/