Homeowners in Hawaii are still victims of the mortgage fraud that originated at the turn of the century. Hawaii led the CHARGE changing some of the foreclosure statutes that were relatively unjust toward homeowners and in conflict with due process issues.
Even with those changes the foreclosure process, fraud on the courts, fraudulently concealed parties, forged documents, and troubling securitization/rehypothecation process still plague state records and the courts. Hawaii State Senator Mike Gabbard championed a Resolution “Requesting the Director of Commerce and Consumer Affairs to convene a MORTGAGE foreclosure fraud task force to develop recommendations to improve mortgage fraud protections for consumers.” Interest by many gave an opportunity for testimony and gained a hearing last Monday. SRC 181.Continue reading →
SIGTARP QUARTERLY REPORT TO CONGRESS I JANUARY 27, 2016
SIGTARP’s concerns over servicer misconduct contributing to homeowner redefaults in HAMP have been borne out. Treasury’s findings in its on-site visits to the largest seven mortgage servicers in HAMP over the most recent four quarters show disturbing and what should be unacceptable results, as 6 of 7 of the mortgage servicers had wrongfully terminated homeowners who were in “good standing” out of HAMP.
These staggering findings clearly show that servicer misconduct is contributing to some homeowners falling out of HAMP. Homeowners were wrongly terminated from HAMP by their servicer despite making timely mortgage payments, putting them at risk of losing their home. These homeowners were forced out of HAMP through no fault of their own. Mortgage servicers did not give these homeowners a fair shot. As these instances were found through sampling, Treasury does not know how many other homeowners were also wrongfully forced out of HAMP. Continue reading →
We see all sorts of cases in foreclosure defense and just as many judicial personalities… goofy decisions, irresponsible and / or clueless judges but this one takes the cake! You would think that if you’re going to have your case heard by a trial judge – that he would be required to have some knowledge on the subject, right? Apparently, not in Hawaii’s Second Circuit Court.
A few years ago it appeared that many judges were just not up to speed on the foreclosure scheme, but lately it seems like there has to be a higher ilk that commands lower court to squash the homeowner and if they can afford to appeal, maybe then they’ll be worthy of some justice. Otherwise, presented with the evidence, acknowledging the bad paperwork and still ruling against the homeowner would be crazy or corrupt… or maybe both. This appears to be a case that would certainly seem to fit that synopsis. Continue reading →
In a world where the American Dream and Wall Street greed collide, when your life and home are no longer your own, we must look beyond the facade of the documents and dig deeper into the public archives to seek the truth of the concealed path that is destroying our nation built on the rule of law, the slavery of the collateral consisting of people and land records so that a few may prosper while millions of others face peril. It may seem like an impossible battle – until NOW! There is one thing that they didn’t count on – knowledge and truth that will awake your hero and cause the fatal change in their course.
Court Issues Restraining Order Against Firms As Lawsuit Seeks Restitution For Consumers
NEW YORK – Attorney General Eric T. Schneiderman today filed a lawsuit in New York County Supreme Court against four interrelated companies and their principals for operating a fraudulent loan modification scam. The lawsuits were filed against Home Affordable Direct, Inc. (Farmingdale, NY), Home Affordable Solutions, Inc. (Farmingdale, NY), JR Holding Group Corp (Babylon, NY), Clear Solutions and Settlements, Inc. (Tampa, FL) and their principals, Javier Gutierrez and Shadi Soumekh. The companies and their principals are alleged to prey upon financially vulnerable consumers by claiming they can provide substantial relief from unaffordable mortgage payments through loan modifications and other forms of foreclosure prevention.
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.