FDIC may revive three U.S. bank lawsuits over soured mortgage debt

justiceleague00's avatarJustice League

A federal judge granted the FDIC permission to revive lawsuits against Citigroup Inc (>> Citigroup), Bank of New York Mellon Corp (>> Bank of New York Mellon (The)) and U.S. Bancorp (>> US Bancorp) that he had dismissed last September, to recoup more than $695 million of losses on soured mortgage debt that a failed Texas bank once owned.

In a decision made public on Tuesday, U.S. District Judge Andrew Carter in Manhattan said the FDIC could try to show it still had legal standing to sue as the receiver for Austin-based Guaranty Bank, despite having transferred its claims to a “resecuritization trust” when it sold the debt in March 2010.

Read on.

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MERS Lacks Legal Authority and Public Accountability

Excellent overview of a sham concept set to nationalize our land records. It must stop!

Beth Findsen Attorney's avatarBeth Findsen Attorney

Harvard Amicus Brief on MERS

Some of the best quotes,

  • Mortgage servicing companies, banks, courts and government agencies have all expressed astonishment at the extent to which MERS database is inaccurate. (p. 24)
  • “Simply put, ‘MERS is the Wikipedia of land registration systems.’ Culhane v. Aurora Loan Services, 826 F. Supp. 2d 352 (D. Mass. 2011) aff’d, 708 F.3d 282 (1st Cir. 2013).” (p. 12)
  • Janis Smith, a spokeswoman for Fannie Mae, admitted Fannie Mae kept its own records and that “We would never rely on it [MERS] to find ownership.” Powell and Morgenson,
    supra p. 32. (p. 25)
  • Judge Jennifer Bailey, a circuit court judge in Miami stated of 60,000 foreclosures filed in 2009 in her court, “[A]lmost every single one of them… represents a situation where the bank’s position is constantly shifting and changing because they don’t know what the Sam Hill is going on in their files.” Transcript of Hearing on…

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Bank of NY Mellon v. Anderson: Standing must be Established

The truth is surfacing. Maybe we are returning to the Rule of Law – finally.

“Contrary to plaintiff’s contention, the mere attachment of a copy of the note to the verified complaint does not demonstrate that plaintiff had physical possession of the original note when the action was commenced (see generally Deutsche Bank Natl. Trust Co., 142 AD3d at 684-685), and thus is insufficient to establish standing.”

PROOF OF STANDING REQUIRED: SEFFAR v. RESIDENTIAL CREDIT SOLUTIONS INC

A nonholder in possession, however, cannot rely on possession of the instrument alone as a basis to enforce it․ The transferee does not enjoy the statutorily provided assumption of the right to enforce the instrument that accompanies a negotiated instrument, and so the transferee “must account for possession of the unendorsed instrument by proving the transaction through which the transferee acquired it.”

Homebuyers lose life savings during wire fraud transaction, sue Wells Fargo, realtor & title company

Wouldn’t surprise me if there was a Bankster patent for this type of scam. Folks, if you are reading this – please understand privacy and complete safety on the Internet does not exist.

justiceleague00's avatarJustice League

DENVER –  A Colorado couple, who lost their life savings while trying to buy their dream retirement home, has filed suit against Wells Fargo Bank, Land Title Guarantee Co., Envoy Mortgage Ltd., Kentwood Real Estate Services LLC and realtor Karen Porras, alleging that none of them did enough to protect sensitive financial information.

James and Candace Butcher sold their house in Longmont and were using the proceeds — more than $272,000 — as a down payment on a new home, at 41467 Sunny Farm Circle in Parker.

They said they wanted a place closer to their son and one big enough for grandchildren.

“We were truly excited, when through negotiations, we won the bid,” Candace Butcher said. “Through the entire process, I kept saying, ‘I can’t believe this is going to be our house.’”

Within 24 hours of closing, not only was it not their house, but they lost all…

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The Pooling and Servicing Agreement: Why eat just half the enchilada?

Some REMICs do not contain a PSA – they use a Trust Agreement so reading everything is essential. Sad part of these unregulated financial transactions is that many of the controlling and underpinning documents are not required to be filed. Bankruptcy Courts like New Century have ordered files to be destroyed. Why the necessity to destroy a cloud, you might ask? Oh, that’s another good chapter waiting to be written!