Trusted Foreclosure Defense. Proficient legal & litigation assistant, researcher keeping homeowners & legislators informed. It's not about me – it's about all of us.
Bank of America (BAC) CEO Brain Moynihan believes it is the right time to introduce changes to the Volcker rule of the Dodd-Frank Act. Moynihan was speaking with Handelsblatt Global, a German language business newspaper published in Dusseldorf.
The Volcker rule is a federal regulation that keeps banks from conducting some investment activities using their own accounts. It also limits the banks’ ownership of and their relationships with hedge funds.
The Senate voted on Monday evening to confirm Wilbur Ross as secretary of commerce. The 79-year-old billionaire private equity investor is President Donald Trump’s 10th cabinet nominee to be confirmed, and remarkably, is the second member of Trump’s cabinet who was deeply involved in companies that swept up the housing crisis with foreclosures marred by document fraud like robo-signing.
The first, Steven Mnuchin, Trump’s treasury secretary, invested in and ran OneWest bank, which foreclosed on tens of thousands of Americans in the aftermath of the 2008 financial crisis. During his Senate confirmation hearing, he denied that his bank used the illegal practice of robo-signing, but public documents obtained by The Columbus Dispatch showed that was a false statement.
Ross may not have been the CEO of a bank foreclosing on homeowners, but he was nevertheless intimately involved and invested in two companies that were accused of widespread wrongdoing. American…
IMHO foreclosures abound because the majority of loan collateral went through Fannie and Freddie who, it appears, maintained an interest and guarantee, are the real party in interest and are still hiding debt.
Many of the homeowners we see were sucked into the Obama/Geithner HAMP scam and told they had to miss 3-4 payments in order qualify for the program. Once the payments were missed default was declared and modification was an abusive run-around for several years. Homeowners want to make payments – they are denied fair process. Fannie & Freddie want to dump the paper because it was their fault it was accepted in the first place – it appears they were complicit with the scheme, if not altogether the ring leaders.
If you have a BAC or BofA foreclosure and Assignment to either of them by MERS, or if you can’t find your loan in a trust (and even if it’s in one) Fannie or Freddie may be the real plaintiff…just hiding, complicit with being concealed.
“Fake news” is now the dominant form of spreading disinformation in our marketplace. The banks are in control of media outlets — some created by the banks — that keep spewing out false data about the foreclosure crisis being over. It isn’t true. It never was true. We still have millions more to go and that doesn’t include the new “delinquencies” that will hit the shores as the race continues to move money through false claims of securitization.
While most of the banking sector is claiming that the mortgage mess is over, the data shows that we (a) never hit any bottom and (b) that foreclosures are beginning to spike again.
With a ruling Tuesday, the U.S. Supreme Court revived a long-running whistleblower lawsuit that accused Wachovia’s investment bank of violating accounting rules and skirting internal controls to pursue short-term profits.
The Supreme Court vacated a judgment in August 2016 by the U.S. Appeals Court for the Second Circuit that had affirmed a lower court’s decision to dismiss the case filed by two whistleblowers, including one who had worked in Charlotte.
The high court ordered the appeals court to give the case further consideration in light of a June 2016 Supreme Court ruling that interpreted an aspect of the federal whistleblower law called the U.S. False Claims Act.
“It has obviously breathed new life into our case, which is very important for everyone involved,” said Joel Androphy, a Houston-based attorney representing the plaintiffs. “This has been a very long road.”
United States District Court, E.D. California.
GENET HABTEMARIAM, Plaintiff,
v.
VIDA CAPITAL GROUP, LLC; US MORTGAGE RESOLUTION; PNC BANK, NATIONAL ASSOCIATION; and DOES 1 to 50, inclusive, Defendants.
Some three years later, PNC notified Plaintiff by mail that its SDOT was discharged, apparently due to a settlement agreement PNC had reached with various agencies of the United States government. PNC effectuated that cancellation by sending a 1099-C form approved by the Internal Revenue Service for cancelling a debt. Plaintiff received the Form 1099-C on or about June 29, 2010. According to Plaintiff, because the 1099-C cancelled the amount she owed on the second mortgage, she believed it legally released her from any further obligation to pay Continue reading →
Wow! Judge Posner gets it! “Posner detailed the bank’s dubious mortgage-lending history during the real-estate bubble leading up to the Great Recession, noting for instance one woman to whom the bank issued six mortgages in a 10-day period. Posner noted that District Judge Philip Simon said during sentencing in this case, “Bank of America knew [what] was going on. They’re playing this dance and papering it. Everybody knows it is a sham because no one is assuming any risk. So what’s wrong with saying they’re [of] equal culpability?””
Three defendants convicted of wire fraud in the purchase of 16 properties in Gary were clearly guilty of the crimes, but the 7th Circuit Court of Appeals Friday threw out a restitution order against them and urged the district court in Hammond to consider fining Bank of America for “facilitating a massive fraud.”
“The bank was reckless,” Judge Richard Posner wrote in United States of America v. Minas Litos and Adrian and Daniela Tartareanu, 16-1384, -1385, 2248, 2249, 2330. The defendants were convicted of wire fraud, and the 7th Circuit affirmed those convictions, but reversed an order that they pay the bank restitution of $893,015, the amount it claimed was lost in the scheme.
The defendants were convicted on wire fraud charges filed in…
Rep Hill – Read my blog. Dump Dodd-Frank and watch the banks fail. It’s merely a crutch the banks and Fed use for why they can’t succeed…laughable. Get your money out of Wall Street and let ’em go. Then reinstate Rep Gabbard’s NEW and IMPROVED Glass-Steagall.
Below is a letter from Arkansas Congressman French Hill, a whip at the House Financial Services Committee. Hill is interested in writing a bill that actually empowers the consumer and small lenders including credit unions called the Financial Choice Act.
Much of my professional life was spent in banking, with the last 15 years spent running a community bank in Little Rock. It was here that I saw first-hand the damaging effects the Dodd-Frank Act had on smaller banks and the customers who had traditionally come to us seeking capital and access to credit. In part, this is what inspired me to seek public office and use my 30-plus years in the banking industry to provide sound input in creating financial regulations that make sense for the American people.
At our bank, our primary customers were small business…
Despite all the bluster, attempted parliamentary maneuvering, and name-calling from the Democratic party, the Senate voted Monday evening to approve Steven Mnuchin to serve as the next Secretary of the Department of the Treasury.
As expected, the Senate approved Mnuchin in a partisan vote of 53-47, with one Democrat, Sen. Joe Manchin, D-West Virginia, splitting from his party and voting with the Republican majority.
Full Measure with Sharyl Attkisson: The Immaculate Corruption featuring Richard Bowen. Photo: Sharyl Attkisson
Full Measure News is broadcast to 43 million households in 79 markets on 162 Sinclair Broadcast Group stations, including ABC, CBS, NBC, FOX, CW, MyTV, Univision and Telemundo affiliates and streams live Sunday mornings at 9:30 a.m. ET.
In some markets they are seen more than the cable news competition in that time slot, and by more viewers than CNN, MSNBC, and CBNC combined and equal or surpass the audience size of CBS’ “Face the Nation,” NBC’s “Meet the Press,” and ABC’s “This Week.” Theyexplore “untouchable topics in a fearless way,” from immigration, terrorism, government waste, national security and whistleblower reports on government and corporate abuse and misdeeds. It is hosted by Sharyl Attkisson, a five-time Emmy Award winner and recipient of the Edward R. Murrow award for investigative…
With a HOA or AOA do homeowners have much “interest” in anything besides the sticks of the unit? Apparently, not. Depending on the state laws and knowing the ways the rehypothecation of the homeowners’ collateral works with the banks, it appears it would be prudent to always file a mortgage lien in the records office… some states, like Hawaii, are first come first served. It appears Banks don’t file mortgage assignments until the homeowner defaults because they are reusing the collateral and merely pledged the note to the securitized REMIC trust, until default.
A debtor held a note secured by a first priority deed of trust on property that was also subject to a super priority homeowner’s association lien securing delinquent assessments against the property. The HOA foreclosed its lien after the debtor filed bankruptcy. The issue for the bankruptcy court was whether the HOA violated the automatic stay, and thus whether the deed of trust was extinguished by the foreclosure.
Deadly Clear 