Bank Induced Defaults….and What the Government Knew

Posted on July 3, 2013 by Deadly Clear

If you think you have your mortgage modification under control – STAY ALERT. Discussions with attorneys have indicated the banks are reneging on their modification agreements and settlements – even after judicial order. Servicers like Ocwen Loan Servicing are refusing Western Union payments and some servicers are peddling properties they have agreed by court order to reinstate to real estate brokers whose agents are spreading false rumors that homes are back in foreclosure. It is hard to understand how anyone in the real estate industry would ever touch a foreclosure – let alone set themselves up for a lawsuit by blatantly trying to sell a home not listed for sale by its legal owner.

Danielle Kelley, Attorneys at Law PLLC posted Bank Induced Defaults….and What the Government Knew – a brilliant synopsis of the modification scam industry. Continue reading →

BOFA HAMP – AMENDED COMPLAINTS IN RE: BANK OF AMERICA HOME AFFORDABLE MODIFICATION PROGRAM (HAMP) CONTRACT LITIGATION

Posted on June 19, 2013 by Deadly Clear

Reblogged from Justice League:

MASSACHUSETTS DISTRICT COURT (MAD)

DOCKET NUMBER: 1:10-MD-02193
PACER CASE NUMBER: 131942

14.0 AMENDED COMPLAINT (Consolidating Cases) against BAC Home …
Download

69.0 AMENDED COMPLAINT (Second Amended Consolidated Class Acti…
Download Continue reading →

Mortgage Crisis 101 by Prof. John Campbell

Posted on June 10, 2013 by Deadly Clear

While the foreclosure crisis might sound to some like duck soup, Professor John E. Campbell from the University of Denver Sturm College of Law has taken the time to dissect the issues in his Mortgage Crisis in a Nutshell video explaining precisely what has happened to homeowners and searching for the reasons why.

Prof. Campbell explains what has happened in the traditional sense and how Mortgage Electronic Registration Systems, Inc. participated in part of the scheme. He also discusses how and why the homeowners were not intentionally at fault.

In this one-hour video, Attorney John E. Campbell explains the main aspects of the mortgage crisis that has devastated the U.S. housing market and the economy. Watch the video and then let’s discuss securitization in a little more detail below. Continue reading →

Theft is Legal for Big Banks – and Your Money Will Never Be Safe

Posted on May 1, 2013 by Deadly Clear

Web of Debt blog / By Ellen Brown

The new rules for keeping too-big-to-fail alive: use creditor funds, including uninsured deposits, to recapitalize failing banks.

April 29, 2013 | “[W]ith Cyprus . . . the game itself changed. By raiding the depositors’ accounts, a major central bank has gone where they would not previously have dared. The Rubicon has been crossed.”

—Eric Sprott, Shree Kargutkar, “ Caveat Depositor”

The crossing of the Rubicon into the confiscation of depositor funds was not a one-off emergency measure limited to Cyprus. Similar “bail-in” policies are now appearing in multiple countries. (See Continue reading →

DUAL TRACKING VIOLATIONS DURING MODIFICATION PERSIST

Posted on April 9, 2013 by Deadly Clear

Dual tracking is when a servicer has you filling out modification paperwork and sending them your bank statements, proof of residency, tax returns, P&Ls, payroll stubs, etc. (over and over) and actually is processing your foreclosure at the same time. Homeowners were supposed to be protected from dual tracking during modification.

But in case you were wondering if you can sleep at night while under the modification game – here are some interesting facts just released from the California Reinvestment Coalition (CRC) who distributed a survey to housing counselors in February 2013 to Report on how the banks were holding up their end of the bargain. So, if California is any indication of what the banks are doing around the rest of the country – be very wary. Continue reading →

AG Jack Conway Calls MERS a Ghost and a Front – Files a Lawsuit Against MERSCORP Holdings, Inc.

Posted on January 26, 2013 by Deadly Clear

Weep no more my lady
Oh! weep no more today!

Bravo – Kentucky Attorney General Jack Conway!

Attorney General Jack Conway announced that his office filed a lawsuit on January 23, 2013 in Franklin Circuit Court against MERSCORP Holdings, Inc., and its wholly owned subsidiary Mortgage Electronic Registration Systems, Inc. (MERS) for violations of Kentucky law. The lawsuit is a result of Attorney General Conway’s investigation of mortgage foreclosure issues in Kentucky.

The lawsuit alleges that MERS violated Kentucky law by not Continue reading →

CROOKS AND LIARS – ‘Breaking The Law Should Not Be A Business Expense’

Posted on January 19, 2013 by Deadly Clear

By Susie Madrak, January 18, 2013

‘Breaking The Law Should Not Be A Business Expense’

In the past, federal regulators have been known to include provisions that waived the ability of a company to write off the costs of a settlement. But since our banks are always considered Too Big To Fail, they are of course offered every consideration, and We the Continue reading →

LOST: Looking for the Canons of Judicial Ethics

Posted on December 5, 2012 by Deadly Clear

Judicial misconduct is a touchy subject.

But what else do you call it when judges violate their own canons and participate in unethical decisions that may create financial gains in their investment portfolios?

While this post deals with the failure of the judiciary to sua sponte recuse themselves when they know there is more than an appearance of impropriety, it also raises the question of what potential benefit they may received as a result of their decisions – and is that taken into consideration at any time during the case? Continue reading →

Computerized Robo-Signing: Is Green Tree Servicing Taking Robo-Fraud to a Whole New Level?

Posted on October 10, 2012 by Deadly Clear

Never let it be said that where there is big money invested, there won’t be crooks in the kitchen. It doesn’t matter how big you are there’s always a short cut that can that can potentially create more wealth – if you don’t get caught.

An investigator in the northwest uncovered just such a scam – so big that authorities claim it needs multi-state attention. It appears Green Tree Servicing has been flying under the radar and was hardly noticed until a recordation research team began uncovering similarly signed documents – yup, the old robo-signed Assignment of Mortgage trickery again… but this time new and improved via computer, maybe for speed and precision, ya think?

It appears the signatures are in the computer – no dummies needed to sign – just fill in the Continue reading →

“MERS is not a “holder” under the plain language of the statute,” says the Supreme Court of the State of Washington

Posted on August 16, 2012 by Deadly Clear

Finally, the Rule of Law is followed by the brilliant masters of the Washington state Supreme Court system. Yea! This ruling affects over 67 million MERS mortgages – whether in foreclosure or not. As good as it is – there are still more facts that need to be adequately plead and addressed by the Court(s).

The Washington Supreme Court ruled unanimously today in Bain (Kristin), et al. v. Mortg. Elec. Registration Sys., et al., No. 86206-1 defining the statutes to determine that MERS (Mortgage Electronic Registration Systems, Inc. – the mortgage industry’s controversial document-recording system) was not entitled to be a beneficiary in Deed of Trusts and Continue reading →