Judge denies BofA request for new mortgage hustle trial

Maybe the judges in New York understand the corruption of the Rehypothecation! And the failure to disclose!

justiceleague00's avatarJustice League

A federal judge in Manhattan said a $1.27 billion fine against Bank of America over an old mortgage-lending program known as Hustle should stick.

Former Countrywide executive Edward O’Donnell filed a whistleblower lawsuit that accused Countrywide of defrauding government-backed mortgage finance companies Fannie Mae and Freddie Mac.

In 2014, O-Donnell received $57 million by reporting Countrywide them loans that were not as good as the company represented them to be.

The case became known as the “Hustle” case due to the Countrywide process through which the loans were sold, which was technically referred to as HSSL.

Source: WSJ

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NY judge slams Wells Fargo for forging docs, U.S. judge rejected allegations by NY AG that bank was not complying with the $25B mortgage settlement ..Why nothing will change

justiceleague00's avatarJustice League

Zerohedge:

Bankruptcy judge Robert Drain of the New York Southern District has long been one of the more fascinating litigators at One Bowling Green. However, until today we though that his often outspoken style is reserved for his career caseload, which includes among it Delphi, Hostess, and RCN; little did we know that Drain is also an activist on par with the infamous Jed Rakoff (author of the infamous rhetorical essay “Why Have No High Level Executives Been Prosecuted In Connection With The Financial Crisis?” which over 1 year later still has no answer).

Today, thanks to Zero Hedge contributor 4closurefraud.org, who over the weekend noticed a critical filingin the case of Cynthia Carrsow-Franklin vs Wells Fargo, we find something stunning: in his 30-page decision (attached below), Drain accused Wells of forging, and explicitly used the word “forged”, not once, not twice, but a whopping 22…

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Banks Brace for Pain: Statute of Limitations on TILA Rescission and TILA Claims

A lot of homeowners never received the extra copy via the lender. So, Peter, how do you squash that version of a free house? Hard to close the doors to the public on that one, huh? [inside Hawaii humor]

Unknown's avatarLivinglies's Weblog

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

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TILA remedies and requirements actually address the “free house” complaint head on: If banks misbehave in material and important ways (as defined by statute and not in the minds of a judge or lawyer) then yes, the homeowner should get a free house. That is what all three branches of the Federal government have said and no re-interpretation of TILA rescission or TILA remedies will be allowed since last week when the Supreme Court unanimously decided that TILA meant what it says. Any Judge or lawyer who thinks otherwise is in fairyland. The fact that a Judge doesn’t “like” the result of a “free house” (as the Judge perceives it) means nothing. The Judge is required to apply the law as decided by the United States Supreme Court.

Practically everyone is asking questions about whether the statute of limitations starts running…

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Nomi Prins: The Sinister Evolution Of Our Modern Banking System | Zero Hedge

Nomi Prins has been on the forefront of whistleblowers. I would hire her to speak at every mass assembly I could. From Girl Scouts, PTA, Rotary to Soroptimists International.

Alina's avatarAlina's Blog

Nomi Prins: The Sinister Evolution Of Our Modern Banking System

I quit Wall Street and decided that it was time to talk more about what was going on inside it, as it had changed. It had become far more sinister and far more dangerous.

~ Nomi Prins

via Nomi Prins: The Sinister Evolution Of Our Modern Banking System | Zero Hedge.

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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

============================

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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