About Deadly Clear

This blog site is for you - to make your opinions known and enable you to express your thoughts, insights, fears and be DEADLY CLEAR. The author of the blog has become more compassionate and socially enlightened with age after entering this world from a very brainwashed right-winged culture. My goal is to achieve perfection and share in Ho'oponopono which means to make things right.

Statute of Limitations Issues in Foreclosure Actions

Originally posted on Justice League:

An important issue that arises for lenders when pursuing foreclosure actions is determining when the statute of limitations begins to run. Florida Statutes provide that a party has five years to foreclose a mortgage, but determining when the five years begins to run has proven to be a topic of legal debate. Lenders who find themselves potentially beyond the statute of limitations after an unsuccessful first attempt to foreclose may find hope in the recent decision by the Florida Fifth District Court of Appeals in U.S. Bank National Association v. Bartram.

In Bartram, the bank initially brought a foreclosure action in 2006, accelerating the debt.  However, the bank did not actively participate in the action, resulting in an involuntary dismissal in 2011. In the meantime, the borrower and his wife divorced, and the borrower was required in the divorce to execute a note and mortgage in favor of his…

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Delaware Judge Faults Ocwen for Pushing Homeowners to Bankruptcy

Deadly Clear:

God Bless the judge.

Originally posted on Justice League:

It’s not one of the multibillion-dollar settlements or multimillion-dollar jury awards designed to spur reform of such allegedly abusive mortgage-servicing practices as falsified court documents, improper fees and other misconduct. But a recent ruling from a Delaware judge is a step forward for people making a last stand in bankruptcy to hang on to their homes, one attorney says.

Judge Brendan Shannon of the U.S. Bankruptcy Court in Wilmington, Del., on Friday ordered Ocwen Loan Servicing LLC to pay the fees and costs of a Delaware couple’s bankruptcy on the grounds that Ocwen’s “unfounded and incorrect assertion” that they had defaulted on their mortgage loan was what drove them to seek court protection.

Richard J. and Mary Ann Williams were never materially behind on their mortgage payments, the judge said, but they were pushed into bankruptcy to keep Ocwen from taking their home in foreclosure.

“Basically, they were kicking two…

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RE: WAMU | HERE IS THE CONFIDENTIAL 112 PAGE PURCHASE & ASSUMPTION AGREEMENT BETWEEN FDIC, CHASE

Originally posted on Justice League:

Division of Resolutions and Receiverships Institution Numer: 10015 Insti tution Location: Henderson, NV Washington Mutual Bank Closing Book Date of Closing: September 25, 2008 Confidential Information Confidential Information Transaction Recap Washington Mutual Bank Henderson, NV In all the transactions offered by the FDIC, the Whole Bank Purchase and Assumption Agreement will be tailored to the winning bid. In all transactions, all assets are purchased by the acquirer and the preferred stock is excluded from the transaction. The legal documents will be the governing documents for this transaction. The FDIC is offering five alternative transaction structures: 1. All liabilities are assumed except the preferred stock. 2. All liabilities are assumed, except the preferred stock and the subordinated debt. 3. All liabilities are assumed except the preferred stock, the subordinated debt and the senior debt. 4. All deposits and secured liabilities are assumed by the acquirer. 5. All insured deposits and secured…

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Protesters Take To Streets Demanding An End To Detroit’s Water Crisis – The “City’s whoops” on the backs of the people… Al Sharpton tells it like it is!

CROOKS AND LIARS – Post:
n_sharp_detroit_140718_262853_560x315Friday morning there was a massive protest in Detroit over the water crisis there. Netroots Nation attendees gathered together with National Nurses United to make a statement about how immoral and cruel the water shutoffs to poor people are. Continue reading

Fannie, Freddie making risky deals with small lenders: watchdog

Originally posted on Justice League:

U.S. housing finance companies Fannie Mae and Freddie Mac are making riskier deals as they increasingly purchase mortgages from smaller lenders, a federal watchdog said on Thursday.

The government-owned companies do not lend money directly, but underpin the U.S. housing market by guaranteeing most new mortgages in the country.

The Federal Housing Finance Agency Office of Inspector General said in a report that the purchases from smaller lenders raises the exposure of the two companies.

“Smaller and non-bank lenders may have relatively limited financial capacity,” the watchdog said. “The enterprises face an increase in the risk that those counterparties could default on their financial obligations.”

Read on.

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Who Advised Andrew Cuomo on Mortgage Industry Investigation? A Mortgage Lobbyist.

Originally posted on Justice League:

Great job exposing this, Propublica! And yes, any politician, regardless of political party, can be brought and paid for and lose his or her integrity.

Howard Glaser was brought on to help then-Attorney General Andrew Cuomo on his mortgage industry investigation. Glaser was working for the industry at the same time.

A version of this story was co-published with the Albany Times-Union.

In early 2007, when he was New York State attorney general, Andrew Cuomo brought on a longtime confidant as a consultant on mortgage industry investigations, a move that has gone undisclosed until now.

Glaser, who went on to become a top state official in Cuomo’s gubernatorial administration, was operating a lucrative consulting firm, the Glaser Group, with a host of mortgage industry clients.

Later…

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House Passes Spending Bill Slashing Funding For Wall Street Oversight

Deadly Clear:

Doesn’t that just figure! There is an election coming up this year – everybody be prepared to vote ‘em out.

Originally posted on Justice League:

WASHINGTON, July 16 (Reuters) – The Republican-led U.S. House of Representatives on Wednesday passed a bill to slash funding for Wall Street oversight and revamp new agencies dedicated to cracking down on fraud against consumers and policing risks after the financial crisis.

The $21.3 billion funding bill, which covers appropriations for the 2015 fiscal year beginning Oct 1 for financial services and other areas of government, passed the House in a 228 to 195 vote along largely partisan lines.

The Democrat-controlled Senate is not expected to approve the bill as it is now.

Earlier this week, the White House said that President Barack Obama “strongly opposes House passage” of the appropriations bill and would veto it if the legislation reached his desk.

House lawmakers have been crafting separate spending bills for various parts of the government, but the Senate has not passed any spending measures.

If the two chambers cannot…

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What’s missing in mortgage settlements?

Originally posted on Justice League:

Too many homeowners are falling through the cracks

Imagine you are a homeowner, on the verge of losing your home. You receive a letter from your servicer, notifying you that under a settlement, you’re eligible for a principal reduction of $150,000, which would help keep you in your home. There’s just one problem- the offer is in a language you don’t understand.

This is a true story about a homeowner in East LA who nearly missed out on this principal reduction modification until he worked with a housing counselor from the East LA Community Corporation, who spoke his language. While this story has a happy ending, we’re concerned that too many other homeowners are falling through the cracks.

Read on.

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BofA To Pay $650M To AIG In Global RMBS Deal

Originally posted on Justice League:

Law360, New York (July 16, 2014, 11:56 AM ET) — American International Group Inc. said Wednesday that it has reached a global settlement worth at least $650 million of all its claims against Bank of America Corp. and its affiliates over the sale of faulty residential mortgage-backed securities.

The deal resolves lawsuits pending in California and New York federal courts stemming from AIG’s direct losses at the hands of Bank of America’s marketing of RMBS and in connection with AIG’s securities lending program, according to statements from both companies.

AIG has also agreed to drop its..

Source: Law 360

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