Two Judges Who Get It About Banks – Too Many Other Judges Don’t

Holm MissouriBig banks hold great sway in Washington these days, far more than troubled homeowners do. But outside the Beltway, many people remain caught in the maw of the financial giants, which is why it is heartening when some judges step into the fray.

Consider two opinions involving Wells Fargo, a bank that enjoys a somewhat better reputation than many of its peers. On Monday, a judge in a state court in Missouri ordered Wells to pay over $3 million in punitive damages and other costs for abusing a borrower. Then, on Thursday, a judge in Federal Bankruptcy Court in suburban New York ruled on behalf of another borrower, concluding that there was substantial evidence Wells Fargo forged documents when it foreclosed on a property. Continue reading

NY Federal judge slams Wells Fargo for forged mortgage docs

New York Post
By Catherine Curan
January 31, 2015 | 8:34am

FILE: Wells Fargo Reports Higher EarningsJudge Robert Drain has a message for Wells Fargo: “Forged” foreclosure documents don’t cut it in New York’s federal courts.

In a stunning 30-page decision on January 28, Drain, a federal bankruptcy judge in New York’s Southern District, blasted Wells Fargo, America’s largest mortgage servicer, for false documents it used in trying to prove its right to foreclose on Westchester County resident Cynthia Carrsow Franklin’s home. Continue reading

ARE BONDHOLDERS LOOKING TO FIRE OCWEN?

Neil Garfield's avatarLivinglies's Weblog

For further information please call 954-495-9867 or 520-405-1688

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see Fund Manager’s Letter to Bondholders Detailing Sins of Ocwen

Chickens are coming home to roost. Just read the letter. Anyone who is litigating a case where Ocwen is involved in any way in the chain of title or ownership of the loan paperwork should read this in detail. This could be used as support for arguments that the books and records of the servicer or foreclosing party should not be given the luxury of certain legal presumptions. The presumption that there is in fact a servicing de fault called by the bondholders may enough to force the parties actually prove the nonexistent transactions about which their assignments and endorsements are written.

Why? That is the  question everyone should be asking. If Ocwen was not servicing for the benefit of the REMIC Trust (and the bondholders) then who are they really…

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Wells Fargo’s Failed to Establish that it is the Holder of the Note – Claim Objection Granted!

Buckle Up

See the Franklin Decision – MEMORANDUM OF DECISION ON DEBTOR’S OBJECTION TO CLAIM OF WELLS FARGO BANK, NA

“Wells Fargo’s failure to establish that it is the holder of the Note similarly requires the Claim Objection to be granted and Claims 1‐2 and 1‐1 disallowed.”
There ARE decent judges!

(Unlike some other bank-biased judge this week that encountered more than enough robo-signed documents and intentionally excluded Defendants’ evidence proving that the bank hadn’t met its burden… and kept the doors closed to witnesses and the public throughout the trial, without a witness exclusion motion, while it ruled for the bank)

With apologies to Paul Simon—Linda’s Song

I met him at a deposition
On a case I had last year
It involved some serious fabrications
Like from a man who had way too much beer Continue reading

Big Banks Back Away From Mortgages; Nonbank Lenders Pick Up Slack

There is still way too much dirty paper on the street. Maybe they are Just running out of money to buy off the judiciary.

justiceleague00's avatarJustice League

NEW YORK (TheStreet) — Big banks are continuing to back away from offering mortgages, allowing nonbank lenders such as Freedom Mortgage and Quicken Loans to grab a bigger share of the market.

Although the big banks such as Bank of America(BACGet Report) , JPMorgan Chase(JPMGet Report) and Wells Fargo(WFC) are still happy to provide mortgages to wealthy borrowers with strong credit records, they are much more cautious about higher-risk loans, even ones that meet underwriting requirements of government agencies such as the Federal Housing Administration, Fannie Mae(FNMA) , Freddie Mac(FMCC) or Ginnie Mae.

That has created an opportunity for nonbank lenders such as Freedom Mortgage, a privately held lender based in Mount Laurel, N.J.

Although fewer mortgages were originated last year than in 2013, Freedom Mortgage actually increased…

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Under the Hood of a REMIC

Great investigative work – and we haven’t even begun the to understand and research rehypothecation! If we dig deep enough and compel discovery – we may find that our social security numbers are required as a part of the securitization package – and wouldn’t that, therefore, make us an unwitting participant in the scheme?

Alina's avatarAlina's Blog

I am curious person.  I love research.  So it’s no surprise that I would attempt to research the trust that allegedly held the loan on my house.  I scoured the web for information regarding Home Equity Asset Trust 2005-6.  At first, there was no success.  I found a bit of information concerning a few of the tranches, but nothing really major.  It actually took me several years to piece all of this together.  Here is what I found:

Tranches

TRANCHE A1 – This is the tranche bought by JP Morgan and used as part of their employee 401(k) plan.  This is also one of the tranches in the Bill and Melinda Gates Foundation

TRANCHE B1 – Broken up into smaller tranches, these were arranged by Deutsche Bank AG London and issued by Ixion PLC, an Irish company.

  1. Matrix 2007-1 Series 20 Tranche A B1
  2. Matrix 2007-1 Series 20 Tranche B…

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Beleaguered Ocwen fights back against debt default charges

Your thoughts? It could be worse…it could be Wells Fargo or one of its LSS derivatives that gets to take over.

justiceleague00's avatarJustice League

Amazing, the non-bank mortgage servicer who push many default or struggling homeowners into foreclosure are themselves in default with a hedge fund.

Ocwen Financial isn’t taking it anymore.

The beleaguered mortgage servicer, which saw its founding Chairman Bill Erbey resign earlier this month amid a bevy of regulatory probes, is pushing back against claims that an affiliate company is in default on its debt because of its legal troubles.

On Friday, hedge fund BlueMountain Capital sent a letter to Ocwen saying that the affiliate, Home Loan Servicing Solutions, had breached agreements on $925 million of debt because of its “illicit and imprudent practices.”

The creditor claimed the Ocwen affiliate was in technical default and demanded an additional 3 percent in annual interest payments.

Read on.

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You are the Jury. So vote – please!

Steve Nagy Incomplete StampYou (our readers) are the jury in a case where the Pro Se homeowner is fighting against 2 high power attorney firms (yeah, 2 Goliaths against a small David)… where the homeowner was denied a jury trial. The bank attorneys say that a Steven Nagy stamp – allegedly on the backside of a note, is the “original” document. The Plaintiff bank has entered the note as an original exhibit in the complaint.

Your vote counts – what do you think? Here is the undated, incomplete, Steve Nagy stamped page – allegedly to be the back side of the original note. What do your think? Please take the poll below or write a comment. Continue reading

As inequality soars, the nervous super rich are already planning their escapes

It doesn’t matter where they go – they can’t hide. What’s the old saying – “I may forgive you – but God won’t leave you alone.”

justiceleague00's avatarJustice League

Hedge fund managers are preparing getaways by buying airstrips and farms in remote areas, former hedge fund partner tells Davos during session on inequality.

With growing inequality and the civil unrest from Ferguson and the Occupy protests fresh in people’s mind, the world’s super rich are already preparing for the consequences. At a packed session in Davos, former hedge fund director Robert Johnson revealed that worried hedge fund managers were already planning their escapes. “I know hedge fund managers all over the world who are buying airstrips and farms in places like New Zealand because they think they need a getaway,” he said.

Johnson, who heads the Institute of New Economic Thinking and was previously managing director at Soros, said societies can tolerate income inequality if the…

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