DUAL TRACKING VIOLATIONS DURING MODIFICATION PERSIST

Dual tracksDual 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.

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

Bravo – Kentucky Attorney General Jack Conway!

3ghostsAttorney 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’

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

Banks Get To Name Their Own Price – Independent Foreclosure Review More Like Priceline.com

110714obamabanksters“Sneaky” comes to mind to describe the government and the banksters regarding two settlements between US banks and government regulators who alleged that the banks were guilty of widespread abuse of the foreclosure system that allowed banks to seize homes from defaulting borrowers. The banksters agreed to pay out more than $20 billion on Monday to resolve claims arising from the mortgage crisis. Continue reading

LOST: Looking for the Canons of Judicial Ethics

Judicial misconduct is a touchy subject.

judicial misconduct

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

EXPERT WITNESSES: Fraudulent Assignments of Mortgage are Void

Good information sometimes bears repeating.

BearThe over-burdened judiciary isn’t always up to speed as quickly as it ought to be and good case law doesn’t always make it to the top of the pile for the clerks to review and digest. Even good attorneys occasionally miss pertinent material.

So, let’s go back to about 2 years ago when Yves Smith, who is an absolutely brilliant author and blogger of “NakedCapitalism” and 4closureFraud, truly a leader in the foreclosure defense blogging pack, wrote about an Alabama securitization case named U.S. BANK v. ERICA CONGRESS.

Of course the case went to appeal and the outcome of the appellate decision was a unanimous decision, the Alabama Court of Civil Appeals reversed a lower court decision on a foreclosure case, U.S. Bank v. Congress and remanded the case to trial court.  The reasons hinged upon 2 superb expert witnesses.   Continue reading

Oh, New Century…What a wicked web you weave…

The new word in the securities fraud cover-up banter is “ministerial” –  and so very far from the truth.

On April 2, 2007, New Century Financial Corporation and its related entities filed voluntary petitions for relief under Chapter 11 of the United States Bankruptcy Code in the United States Bankruptcy Court, District of Delaware and is currently heard and administered by the Honorable Kevin J. Carey.

With the filing of bankruptcy, New Century took down a list of affiliate / entities including New Century Mortgage Corporation, Home123 Corporation, New Century Mortgage Ventures, Midwest Home Mortgage, among a host of others. New Century was one of the  Continue reading

Let’s Make A Deal – “Wells Fargo Come On Down”

The Phillips-Tehiva reconsideration hearing took place on Tuesday, May 1st.  May Day… Occupy Maui May Day.

Honorable Judge Eric G. Romanchak flew into Hana, Maui to hold monthly court in the “Little House on the Prairie-style” Hana Courthouse and hear the arguments presented on the foreclosure and eviction issues relating to the Phillips-Tehiva family and their Hawaiian family land.

The Wells Fargo, as Trustee v. Phillips-Tehiva case has been the focus of local and international media attention causing emotions
to run at very high levels.   Continue reading

HAWAII SENATE RESOLUTION DIRECTING THE ATTORNEY GENERAL TO INVESTIGATE CASES WHERE FRAUDULENT TRANSFERS AND ASSIGNMENTS OF MORTGAGE LOAN DOCUMENTS ARE ALLEGED.

HAWAII SENATE CONCURRENT RESOLUTION  S.C.R. NO. 39 – NEEDS YOUR SUPPORT AND TESTIMONY BEFORE MARCH 13, 2012 at 10:15 A.M.

Honolulu, Hawaii March 9, 2012    Mahalo Hawaii Senators!  

In an effort to get the Hawaii Attorney General’s focus on the fraudulent documents filed in the Hawaii Bureau of Conveyances, the Hawaii Senate drafted a Concurrent Resolution in cooperation with the House Representatives:

DIRECTING THE ATTORNEY GENERAL OF THE STATE OF HAWAII TO INVESTIGATE CASES WHERE FRAUDULENT TRANSFERS AND ASSIGNMENTS OF MORTGAGE LOAN DOCUMENTS ARE ALLEGED“…and just in time. Continue reading

The Frauds of Wells Fargo Were Warned of 100 Years Ago – channeling Charles A.Lindbergh, Sr.

“This [Federal Reserve Act] establishes the most gigantic trust on earth. When  President Wilson signs this bill, the invisible government of the monetary power will be legalized….the worst legislative crime of the ages is perpetrated by this banking and currency bill.” -Charles A. Lindbergh, Sr. , 1913

Charles A.Lindbergh Sr. was the father of Hana’s beloved “Lucky Lindy” – aviator Charles Lindbergh, who is buried just outside of Hana town in Kipahulu, Hawaii. It made sense to dedicate this post to his father, a Minnesota Congressman from 1907-1917.

One hundred years later, the Congressman’s courageous statements carry the truth of the corruption in Wall Street and government and strike at the very core of our nation, as well as the world’s, economic nightmare.

In 1913, he wrote Banking And Currency And The Money Trust  By Charles A. Lindbergh, and in 1917 he wrote “Why is Your Country at War?”, attributing high finance as Continue reading