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

Is the Promissory Note Even Enforceable?

Judge UnEnforceableWhen all is said and done the courts come back to the main premise, “Did you pay?”. That is so injudicious on so many levels. The deeper we get into securitization and contract law we soon realize (after dissection) there is one very basic question being ignored – “Is the Promissory Note even enforceable?”

Sheila Bair’s (former FDIC Chairperson) new book, Bull By the Horns, addresses issues that must be taken into careful consideration when considering the validity of foreclosures – and she does it with impressive candor. Sheila separates the MBS into 2 categories: Continue reading

Where are you George Bailey? You apparently are not in the White House…

In 2010, Meg Rehrauer, a J.D. Candidate at Northeastern University School of Law, wrote a memorable paper:

Its a Wonderful Life color jacketREGAINING THE WONDERFUL LIFE OF HOMEOWNERSHIP POST-FORECLOSURE DEFENDING HOMEOWNERS FROM EVICTION AFTER FORECLOSURE BY ATTACKING THE OWNERSHIP RIGHTS OF THE FORECLOSING ENTITY

It’s Christmas 2 years later and we’re still reeling in foreclosures and frauds committed by the banks because America is stuck in the portion of George Bailey’s dream as if he hadn’t been born. Continue reading