“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
Good information sometimes bears repeating.
The 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
Update – January 3, 2013:
The Dubin Law Firm Defense Team headed by Fred Arensmeyer worked out a loan reinstatement deal with Wells Fargo for the Phillips-Tehiva Family just before the holidays. Next time you are in Hana, stop by Braddah Hutts and have lunch with the Tehivas. Yes, Virginia there is a Santa Claus.
UPDATE – January 3, 2012:
Wells Fargo has agreed to stay the eviction until the hearing of Feb. 7, 2012.
On Friday December 23, 2011 at 4:00 P.M., two days before Christmas, the Phillips-Tehiva Family of Hana, Maui, Hawaii, (6 children, mom, dad and grandmother) received notification of a “criminal trespass” eviction from their home, located on property which has been in the Phillips Family for more than 100 years.
The action, taken by Wells Fargo Bank, occurred after the Phillips-Tehiva Family filed a motion on Thursday, December 22nd for a hearing to review the court’s eviction order based on fraudulent and forged documents. Continue reading
If Paul Revere were alive today he would be riding through the town warning “The REMICs have failed!” However, the government these days would go, “Shhhhhh!”
Most average homeowners have no idea what a REMIC is – actually most attorneys have no clue …. so, you know many of the Judges are completely in the dark. REMICs are a form of IRS tax shelter sold to investors as part of the mortgage-backed securities package (Real Estate Mortgage Investment Conduit (“REMIC”) pursuant to I.R.C. §§860A-G).
The documents that killed the REMICs may actually help save your home. Continue reading
It was midnight Sunday. I couldn’t sleep. NY Times emails me an alert to Gretchen Morgenson’s article about how the Obama “I only care about the banks” Administration is trying to negatively influence the NY AG (my hero) Eric Schneiderman who is gunning after the Wall Street banks for their foreclosure fraud and Ponzi scheme that collapsed our country. I was angry, tossing and turning all night thinking about how I would blog my emotions. When I awoke there were several other well-respected bloggers that expressed my feelings for the leader of the unemployed, homeless, “free” world better than I ever could.
Attorney General of N.Y. Is Said to Face Pressure on Bank Foreclosure Deal
Katie Porter posted an interesting viewpoint on the Credit Slips blog this week called the The Free House Myth. A synopsis of the column points to the fact that the banks may
have bad paper now – but they’ll be back. It almost sounded like Katie had been drinking Kool-Aid with RCO when she stated in her closing line, “[T]he free house is political handwringing, not legal reality.”
Porter came under fire by no less than (my personal favorite) Adam J. Levitin, Professor of Law at Georgetown University. Professor Levitin has provided significant testimony before Congress and has dissected the Wall Street securitization scheme that collapsed our economy. Professor Levitin posted his comments to politely debunk Porter’s ‘no free house’ viewpoint…