Rehypothecation – Distorting Legal Principles By Risking Mortgage Loans – Nemo Dat!

By Sydney Sullivan and Kenneth Dost

rehypothecation hijackIT’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

Beleaguered Bill Erbey exiting Ocwen Financial after 27 years

Another one bits the dust! Ta da!

justiceleague00's avatarJustice League

Peace out, Bill! Don’t let the door hit you on the way out!

Bill Erbey is walking toward the exit.

The chairman of Ocwen Financial, the beleaguered mortgage servicing company, is expected to step down from his position Friday after more than 27 years on the job — his reputation shredded and his net worth tattered.

Years of regulatory investigations into alleged foreclosure and mortgage -financing shenanigans caught up with Erbey last year.

Read on.

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TILA Returns With a Vengeance — Neil Garfield Show Tonight!

DID YOU RESCIND?

YOU MIGHT STILL OWN THAT PROPERTY THAT YOU THOUGHT WAS FORECLOSED!

garfield radio

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

Obama Stands At Crossroads On Financial Reform

Phenomenal… well said.

justiceleague00's avatarJustice League

The banks have fought their war against financial reform on four fronts.

They have pushed for delays, lobbied allies in Congress to repeal aspects of Dodd-Frank, worked over regulators to make the rules as loose as possible and threatened legal challenges and filed lawsuits.

The battle has been overwhelming, with a scrappy band of pro-reform rebels outnumbered and overpowered by the empire’s resources. The public appears to be on the side of the insurgents, but perhaps can’t follow or understand debates about whether “swaps” — what are those? — should be “pushed out” or not — what’s that? (English translation below.)

During all of these fights, the banks have had a stalwart ally holding back greater reform: Establishment Democrats.

Such Democrats, the Robert E. Rubin wing of the Democratic Party, opposed moves to break up the big banks after the 2008 global crisis. These stalwarts prevented a reinstatement of the…

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Jamie Dimon Says Banks Are Under Assault As He Announces $4.9 Billion Profit

Does ill-gotten gains ring any bells for anyone?

justiceleague00's avatarJustice League

Banks under assault?? Please…..

We should all do so well while under assault.

JPMorgan Chase earned $4.9 billion in the fourth quarter of 2014, the companyannounced on Wednesday, down from a year ago, but capping what CEO Jamie Dimon called a record year for the biggest U.S. bank by assets.

Despite this success, Dimon warned that “banks are under assault,” from government regulators.

“In the old days,” Dimon said, “you dealt with one regulator when you had an issue, maybe two. “Now it’s five or six. It makes it very difficult and very complicated.

“You all should ask the question about how American that is. And how fair that is,” he added. “And how complex that is for companies.”

Read on.

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House Postpones Vote On Bill To Ease Volcker Rule

Important to follow.

justiceleague00's avatarJustice League

Law360, Los Angeles (January 13, 2015, 10:48 PM ET) — The U.S. House of Representatives held off on voting on a bill Tuesday that would take some of the teeth out of the Dodd-Frank Act by easing Volcker Rule requirements and keeping the U.S. Securities and Exchange Commission from regulating some private equity outfits as brokerage firms.

The lawmakers debated for an hour on the Republican-anointed “Promoting Job Creation and Reducing Small Business Burden Act,” a measure to make “technical corrections” to Dodd-Frank and ease the requirements in it under the Volcker Rule, which restrains proprietary…

Source: Law360

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QUANTUM OF JUSTICE – a documentary film what film maker uncovered in his personal fraudulent foreclosure process

What a movie we could all make!

justiceleague00's avatarJustice League

My Court History website:

This is the trailer of the film of the first hand experience of the film maker, Doug Boggs, and what he uncovered in his personal fraudulent foreclosure process and the subsequent legal battle against Wells Fargo Bank while acting as his own attorney through the state of CA Superior, Appeals, Supreme, and Federal court systems.

This film shows the depth of the fraud of the foreclosure system, the failure of the justice system, the corruption of Wall Street and the illegalities of the Securitization of mortgages.

This documentary delves into how someone with NO mortgage is foreclosed on, how a homeowner can be current on their mortgage and still be foreclosed on, how there is a very high chance that the bank foreclosing on any property has NO right to do so, and how many of the banks that collect the money for a mortgage every…

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California Regulator In Process Of Suspending Ocwen Financial’s Mortgage License

Well, isn’t that a “boo hoo”?!

foreclure-1940x1293Forbes 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!

JesinoskiThe 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.

California Foreclosure Law: California Supreme Court Grants Review Of The Keshtgar Decision

It’s about to get more complicated. “Is that your signature on the Note?” What’s the best way to answer?

justiceleague00's avatarJustice League

As reported in our blog article below, in June the Second District Court of Appeal held that California’s non-judicial foreclosure statutes do not grant a defaulting borrower the right to enjoin a foreclosure sale by alleging that the lender lacks standing. (Keshtgar v. U.S. Bank, N.A. (2014) 226 Cal.App.4th 1201.)

The California Supreme Court recently granted review of the Keshtgar decision and deferred briefing until resolution of a related matter entitled Yvanova v. New Century Mortgage Corp.

The court has also granted review of Mendoza v. JPMorgan Chase Bankand deferred briefing until resolution of Yvanova.

The grant of review in Yvanova is limited to a single issue: “In an action for wrongful foreclosure on a deed of trust securing a home loan, does the borrower have standing to challenge an assignment of the note and deed of trust on the basis of defects allegedly rendering the assignment void?”

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