It’s just an observation, but it certainly appears that foreclosure judges have been given orders to squash homeowners like a bug at the lower court level and if they can afford to appeal – maybe, just maybe, they might get some fair and balanced justice. The process so far has been highly unbalanced. Whether foreclosure judges are just not competent enough to understand the securitization, rehypothecation and securities scheme, or whether they’ve been told by higher-ups that if they don’t rule against homeowners all their pensions will be lost or the economy will crash – it’s just a bizarre and pathetic state of mind. Continue reading
Category Archives: Foreclosure Defense
Two Judges Who Get It About Banks – Too Many Other Judges Don’t
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Big 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
Judge 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
Wells Fargo’s Failed to Establish that it is the Holder of the Note – Claim Objection Granted!
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
You are the Jury. So vote – please!
You (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
Rehypothecation – Distorting Legal Principles By Risking Mortgage Loans – Nemo Dat!
By Sydney Sullivan and Kenneth Dost
IT’S 3:00 p.m., DO YOU KNOW WHERE YOUR COLLATERAL IS? An enlightening paper every homeowner should read. Written by Christian A. Johnson, Assistant Professor of Law, Loyola University Chicago School of Law. B.A.; MPrA, Utah; J.D., Columbia, 1990
It was Saturday afternoon when a group of us were teleconferencing about foreclosure issues. The focus was on the late assignment of mortgages, when one person said, “…think about it, the Plaintiff Trust says it became the owner of the loan over 3 years after the trust closed… how could it sell certificates to investors for something it did not own?” Great question! Continue reading
TILA Returns With a Vengeance — Neil Garfield Show Tonight!
DID YOU RESCIND?
YOU MIGHT STILL OWN THAT PROPERTY THAT YOU THOUGHT WAS FORECLOSED!
The Federal Truth in Lending Act (TILA) has, from the time it was enacted, been the sole protection to consumers of increasingly sophisticated financial products. In the last 30 Continue reading
California Regulator In Process Of Suspending Ocwen Financial’s Mortgage License
Well, isn’t that a “boo hoo”?!
Forbes has reported: Mortgage firm Ocwen Financial has found itself in hot water over conflicts of interest in its foreclosure policies.
California regulators are seeking to suspend the mortgage license of Ocwen Financial, after the servicing giant did not adequately respond to repeated information requests into its compliance with the state’s Homeowner Bill of Rights. Suspension proceedings began in October, Tom Dresslar, a spokesperson for the California Department of Business Oversight told Forbes on Tuesday. Continue reading
Our FIRST US Supreme Court Victory! Unanimous!
The United States Supreme Court ruled in favor of the homeowner holding that a TILA rescission is effective upon written notice within the extended three year period without the filing of a lawsuit.
Our Takushi case was one of the three accepted for review that was reversed.
Attached is the opinion in the lead case, Jesinoski. Click HERE for PDF.
This reverses in effect the adverse decisions in Takushi, Rundgren, Benner, Peyton, and many of our cases decided erroneously in our U.S. District Court and in the Ninth Circuit Court of Appeals and in our State Courts that followed the opposite erroneous view.
This is a great victory for homeowners throughout the United States! More commentary to follow. Stay tuned to DeadlyClear.
This Publicly-Owned Bank Is Outperforming Wall Street
The Wall Street Journal reports on the impressive record of the Bank of North Dakota
by Ellen Brown
While 49 state treasuries were submerged in red ink after the 2008 financial crash, one state’s bank outperformed all others and actually launched an economy-shifting new industry. So reports the Wall Street Journal this week, discussing the Bank of North Dakota (BND) and its striking success in the midst of a national financial collapse led by the major banks. Chester Dawson begins his November 16th article:
Continue reading
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