U.S. 9TH CIRCUIT RULES ROBINS HAS ARTICLE 3 STANDING!

Excellent post! Open for the details:

“The 9th Circuit remanded the case back down to the Central District of California for further action. For those of you in the 9th Circuit states, you should be jumping for joy, because the little guy has won another round. To see the opinion, click the link: Robins v Spokeo Inc, 9th App Cir No 11-56843 (August 15, 2017)“

Clouded Titles Blog

BREAKING NEWS — 

For those of you that haven’t been keeping track of the differences of opinion between the U.S. Supreme Court and the U.S. 9th Circuit Court of Appeals in the Spokeo v. Robins case, the 9th Circuit panel has issued an opinion that the Plaintiff (Robins) did in fact allege a “concrete injury”.  I posited this dilemma in my book FDCPA, Debt Collection and Foreclosures to some extent.  Now it appears that the 9th Circuit’s holding played in fact off of the Big Top’s decision, which was narrow, wherein a violation of the FCRA (according to this decision), an acronym for the Fair Credit Reporting Act, was enough to include this in an FDCPA action to establish that when servicers (who act as lenders) wrongfully put information on your credit report or in the alternative, debt collectors report things to the credit bureaus that are known to…

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Fannie Mae begins marketing fourth re-performing loan sale

Trump approves MORTGAGE DEBT FORGIVENESS PLAN that Obama couldn’t. Performing loans sold at a loss. #Fanniegate $FNMA

Fannie Mae began its marketing efforts with Citigroup Global Markets for its fourth sale of re-performing loans, or loans previously delinquent, but now performing again. Here are the details of the new pool, which includes about 11,000 loans.

Source: Fannie Mae begins marketing fourth re-performing loan sale

Attorney Linda Tirelli Defines Robo-Signing for Clueless Steven Mnuchin

Make it simple. Robo-signing is forgery. Forgery is a legal term. Hiding GSEs as real party in interest is fraudulent concealment and also a legal term. If Mnuchin understood the rule of law surely he would not have knowingly participated in this corruption. On the other hand, if he knew… well, couldn’t that play the “intent” card? No wonder he got huffy.

Livinglies's Weblog

http://www.huffingtonpost.com/entry/attorney-linda-tirelli-defines-robo-signing-for-clueless_us_59824797e4b0396a95c8747e

It seemed like the Treasury Secretary doth protest a bit too much as a Shakespearean drama unfolded at a July 27th meeting of the House Financial Services Subcommittee . Steven Mnuchin, like some wayward damsel in distress, took deep umbrage at Representative Keith Ellison’s (D-MN) suggestion that he was anything but an honest, ethical banker; albeit one who headed up the hyper-controversial OneWest Bank.

The ghosts of banking’s past seemed to surface with a vengeance when the term “robo-signing” — a foreclosure short-cut liberally used by OneWest — was hurled his way by the Congressman. This, in turn, proved too much for the normally passive Treasury boss who decided, like Network’s, Howard Beale, he was angry, really angry and wasn’t going to take it any more.

In prickly fashion he loaded up his blunderbuss and unloaded some lead balls Ellison’s way:

Do you even know what Robo-signing…

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EverBank failed to comply with HUD Face-to-Face Requirements

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EverBank failed to comply with a condition precedent to foreclosure, imposed by HUD regulations, requiring that in the event of payment default, the mortgagee have a face-to-face meeting with the mortgagor, or make a reasonable effort to do so. 

This was a Massachussets Appeal Court case entitled Everbank v. Chacon, that was originally filed in the Chapter 7 bankruptcy court.

Download EverBank v Chacon.

The regulation reads, “[t]he mortgagee must have a face-to-face interview with the mortgagor, or make a reasonable effort to arrange such a meeting,” before commencing foreclosure proceedings or acquiring title to the property. 24 C.F.R. § 203.604(b) (2016). See 24 C.F.R.§ 203.500 (2016).

The purpose of a face-to-face interview is to discuss  the possibility of a repayment plan, modification of the mortgage, or other measures that may avoid the need for foreclosure and allow the mortgagor to remain in his or her residence and repay…

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NJ Supreme Court: If Borrower Abides By Terms Of Settlement Agreement, Lender Must Modify Mortgage

As with any of these cases where a defunct originator is noted, it brings to mind Kuehlman v. Bank of America, NA, 177 So. 3d 1282 – Fla: Dist. Court of Appeals, 5th Dist. 2015 where the court in its decision plainly stated: “Lender’s “investor” (Fannie Mae or Freddie Mac), which was not a party to the contracts, instructed Lender to “pull the plug on” (or “not accept”) the modification.”

More than likely, as Fannie is now (since the bailout) the “financial agent for the United States of America,” and it appears the GSEs are feeding the Treasury with the foreclosure (and insurance?) funds used to prop up Obamacare, Fannie may well be the concealed real party in interest in most cases – and pulling the strings in all aspects of modification and foreclosure.

Attorneys have been asserting and ascertaining Fannie’s real role through motions and discovery which has made for a sticky wicket in Plaintiff’s ballpark.

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BlogPete’s Take

Porzio Bromberg & Newman PC

 http://www.lexology.com/library/detail.aspx?g=06b8e212-01e0-4a00-aacf-87b6af32b34d

USA August 1 2017

Lawsuits arising out of foreclosures and mortgage modifications are common. (Even more common than lawsuits about gyms or health clubs if you can believe that.) Nearly every day there is a decision from the Appellate Division arising out of a residential foreclosure. Most of these fall into the same category — borrower defaults and loses home through foreclosure then challenges lender’s standing to foreclose after the fact — but some are more interesting. That was the case with GMAC Mortgage, LLC v. Willoughby, a decision released yesterday by the New Jersey Supreme Court involving a mortgage modification agreement entered into to settle a foreclosure lawsuit.

Almost two years ago, I wrote a post about Arias v. Elite Mortgage, a lawsuit over the alleged breach of a mortgage modification agreements. In that case, borrowers entered into…

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A Pattern of Deception

“These and similar emails and memos show that Treasury and FHFA have not been truthful about their motives for agreeing to the net worth sweep. ”

Millions of families have faced foreclosure while merely responding to a government television ad promoting a fake HAMP scam. Homeowners were told to miss 3-4 payments in order to qualify “to apply” for HAMP. No one was informed that missing payments would put them in default and ruin their credit that in many cases had been nearly perfect.

Thrust into foreclosure costing thousands of dollars to hire an attorney and fight a judicial preconceived notion of a “deadbeat” (a term, along with liars loans actually referring to pretender lenders pushed on the media by the banks and the government), homeowners entered into a rabbit hole that in many cases has continued for nearly a decade.

Nearly 10 years after the GSE conservatorship and foreclosures abound, we learn that Fannie has been an intentionally concealed investor / real party in interest, damaging homeowners who should have been given modifications rather than thrown into a foreclosure mill. On top of this drama, it becomes common knowledge that in 2012 former President Obama instituted quarterly Net Sweeps of GSE profits made up of primarily foreclosure blood money to fund the Treasury and prop up Obamacare.

As a result of the conservatorship under the HERA Act, homeowners can’t directly sue the GSEs for their role in the fraudulent concealment as real party in interest in the foreclosure process. Due process issues abound in millions of wrongful foreclosures since 2008.

HOWARD ON MORTGAGE FINANCE

On July 19, Judge Margaret Sweeney unsealed 33 additional documents produced in discovery for the lawsuit brought by the Fairholme Funds in the U.S. Federal Court of Claims. They were made available to the public early last week.

Not surprisingly, the documents that attracted the most attention were those that contradicted the “death spiral” explanation given to the public and in the court cases by Treasury and FHFA as the reason for the net worth sweep. Excerpts from the new documents reinforced what had been apparent from evidence unsealed earlier: that Treasury and FHFA were fully aware that Fannie and Freddie were about to experience a surge in profitability well before the sweep was announced; that the sweep was imposed precisely to prevent the companies from retaining those earnings as capital, and that stripping the companies of their capital was viewed by Treasury as essential to achieving its goal of…

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CA 5th DCA: Magical Presumptions Are Not Enough

Like it or not, thank President Trump for the appointment of Justice Neil Gorsuch, a much needed “Rule of Law” judge. Judges in lower courts are more aware that decisions that don’t follow the law and end up in the U.S. Supreme Court have a greater chance of being overturned. BTW – so do the banks.

COMMON SENSE:
“In Yvanova, supra, the California Supreme Court inexplicably held that the homeowner can sue for damages for a wrongful foreclosure based upon false instruments and lack of authroity but that the homeowner could not stop the foreclosure itself. Far from being the last word on this subject, the doctrine is leaking badly all over the country. If a homeowner has a right to damages because the foreclosure should never have been conducted, then exactly how could the homeowner be prevented from stopping it in the first place?”

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Finally the courts are coming back to real law as opposed to invented doctrine designed to let the banks win. The significance of this case cannot be overstated.

Importantly, this case shows that a pro se litigant (without counsel) can win on appeal after being steamrolled in the trial court.

Get a consult and Chain of Title Analysis! 202-838-6345

https://www.vcita.com/v/lendinglies to schedule CONSULT, leave message or make payments.

THIS ARTICLE IS NOT A LEGAL OPINION UPON WHICH YOU CAN RELY IN ANY INDIVIDUAL CASE. HIRE A LAWYER.

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see  https://scholar.google.com/scholar_case?case=9436462246811997539&hl=en&lr=lang_en&as_sdt=2006&as_vis=1&oi=scholaralrt

Hat tip to Attorney Charles Marshall

Wall Street is not going to like this decision. The Justices on the 5th DCA (CA) have returned us to basic law.

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The financial institution convinced the trial court that

(1) it was, in fact, the beneficiary under the deed of trust,

(2) a properly appointed substitute trustee conducted the foreclosure proceedings…

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MERS and its “Parent” are trying to invade Oregon again, despite Supreme Court ruling!

Go deeper into the Swamp. Quarterly Net Sweeps of GSE funds are made up of Foreclosure blood money which is propping up Obamacare (since 2012). They won’t change their program because it was and is designed to encourage foreclosure. Churn and burn generating BILLION$ to feed the Treasury. Follow us on Twitter for more details.

Clouded Titles Blog

BREAKING NEWS — 

For those of you in Oregon, you should be writing your legislators, especially the ones who are trying to pass the following Senate Bill (968), which would put MERS back into legislative existence again in Oregon, despite the Oregon Supreme Court’s rulings in Niday and Brandrup:

SB 968 (Oregon trying to legislate MERS into existence again)

This just goes to show you that MERSCORP Holdings, Inc., who, along with several major banks, settled a $9-million lawsuit brought by Multnomah County, is now trying to do an “end run” to get itself legally back in the game, this time using the Oregon State Legislature.

It’s time to start “ramping up” against those sponsoring the bill!

Anyone want to retain a private investigator to dig up dirt on (taken from the top of the bill):

Senator JOHNSON, Representative OLSON, Senator HANSELL; Senators BAERTSCHIGER JR, FERRIOLI, Representatives BARKER, CLEM…

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Treasury Seeks Wall Street Input on Overhauling Watchdog

Where can we help with comments on this subject?! Contact the Secretary of Treasury – click HERE. Please maintain decorum.

We’ll achieve more from polite conduct and facts than from shrill resistance attitudes. Remember: “It’s nice to be important, but it’s more important to be nice.”

Livinglies's Weblog

By

Jesse Hamilton

July 14, 2017

https://www.bloomberg.com/news/articles/2017-07-14/treasury-is-said-to-seek-wall-street-input-on-overhauling-fsoc

• Lobbyists in private meeting call for weakening super-watchdog
• Trump has ordered Treasury report on rethinking risk panel

A pedestrian walks past the Wall Street subway station near New York Stock Exchange.

Photographer: Michael Nagle/Bloomberg

The Trump administration is letting the financial industry make its case that a super regulator set up to prevent a repeat of the 2008 crisis should be reined in.

At a closed-door meeting in Washington Thursday, lobbying groups for banks, securities firms and banks argued to Treasury Department officials that the Financial Stability Oversight Council should revamp its approach, according to people with direct knowledge of the topics discussed. Industry participants said the council should stop tagging companies as “systemically important,” a label that subjects them to greater scrutiny. The groups also want it to be easier for firms that have been called out as risky to escape the additional…

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Another PennyMac Crash! CA Case for Homeowner

Why are the CA courts afraid to publish these decisions? Ridiculous! It’s time to expose the corruption and pitiful slaughtering of our land titles and records.

Click HERE for a copy of the decision.

Livinglies's Weblog

American jurisprudence is clearly still struggling with the fact that in most cases the forecloser either does not exist or does not have any interest in the loans they seek to enforce. In virtually all instances PennyMac is acting in the role of a sham conduit while allowing its name to be used as the front for a nonexistent lender.

Such foreclosers use semantics and legal procedure to create and cover-up the illusion of “ownership” of the debt (the loan) and the illusion of having the rights to enforce the note bestowed by a true creditor. This case opinion is correct in every respect and it conforms with basic black letter law in all 50 states; yet courts still strive to find ways to allow disinterested parties to foreclose.

Get a consult and Chain of Title Analysis! 202-838-6345

https://www.vcita.com/v/lendinglies to schedule CONSULT, leave message or make payments.

THIS ARTICLE IS…

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