Dual Tracking Amicus Briefs

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The Housing Justice Foundation website:

Dual Tracking, which occurs when a mortgage servicer continues to pursue foreclosure even after loan modification negotiations with the homeowner have begun, remains a destructive and wide-spread industry practice. While the loan modification process can result in mortgages avoiding default, it is too often the case that homeowners find themselves caught between two departments of the same servicer, leading to uncertainty and miscommunication.

Here is an example of the straightforward work of Activist Ron Gillis, who has fought lender abuses and fraud since 2008, and has been filing amicus briefs in cases of dual tracking. This example could prove to be a useful template or resource for those experiencing similar issues.

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Circuit Permits Debtor’s Suit Against Ocwen After Discharge in Bankruptcy

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A debtor can bring suit in federal court to challenge collection practices under the Fair Debt Collection Practices Act for a debt that has been discharged in bankruptcy, the U.S. Court of Appeals for the Second Circuit ruled Monday.

Overturning a lower court, the Second Circuit said plaintiff debtor Donna Garfield is not precluded by bankruptcy law from suing in district court on claims under the act (FDCPA) after her discharge in bankruptcy.

In Garfield v. Ocwen Loan Servicing LLC, 15-527, Judges Jon Newman, Ralph Winter and Jose Cabranes reversed Western District Judge Elizabeth Wolford, who had held Garfield could only seek relief in bankruptcy court.

Garfield failed to make payments on a mortgage for the home she obtained from Ocwen’s predecessor-in-interest, and she filed for Chapter 13 Bankruptcy in 2009. She obtained a discharge of her personal obligation for the loan in August 2013, agreeing to pay…

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Bernie Sanders unveils foundation-shattering Wall Street reform plans

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Housingwire:

On Tuesday, Sanders again took on the Fed in a wide-ranging speech on Wall Street and the economy, but the Fed got off easy compared to the rest of Wall Street, especially the country’s biggest banks.

In his speech, Sanders detailed just how different life would be for the “too big to fail” banks under a Sanders administration. In fact, there would be no life for the “too big to fail” banks if Sanders is elected president, only death.

In the speech, Sanders said “if a bank is too big to fail, it is too big to exist.”

According to Sanders, in his first 100 days as President, he would order the secretary of the Treasury Department to establish a “too big to fail” list of “commercial banks, shadow banks and insurance companies whose failure would pose a catastrophic risk to the United States economy without a taxpayer bailout.”

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