CREDIT SLIPS: $45 MILLION FOR STAY VIOLATIONS

“The mirage of promised mortgage modification lured the plaintiff debtors into a kafkaesque nightmare of stay-violating foreclosure and unlawful detainer, tardy foreclosure rescission kept secret for months, home looted while the debtors were dispossessed, emotional distress, lost income, apparent heart attack, suicide attempt, and post-traumatic stress disorder, for all of which Bank of America disclaims responsibility.”  All too familiar.

$45 Million for Stay Violations posted by Alan White

How much in punitive damages is enough to punish unlawful conduct and deter its repetition? $45 million was one bankruptcy court’s opinion, in the case of a wrongful home foreclosure and eviction in knowing violation of the automatic stay.

The court described the plaintiff-debtors’ treatment by defendant Bank of America as Kafkaesque, and found their deeply emotional testimony (one of them attempted suicide during the ordeal) completely credible, awarding more than $1 million in actual damages for the loss of housing and emotional distress. The court also noted that Bank of America had repeatedly settled cases with federal and state regulators for hundreds of millions, and even billions, of dollars, in recognition of serious and repeated compliance failures, including some related directly Continue reading

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Non-Traditional Mortgages Appeal to Hawaii’s Highest Court

hear-yeeThis Sunday The Foreclosure Hour shared the appellate process with listeners to help them better understand the complexity of the court system.

Last month (September 2016) the Hawaii Supreme Court heard attorney Gary Dubin argue on behalf of a Ewa Beach, Hawaii resident who was sued for foreclosure by “U.S. Bank National Association, as Trustee, in trust for the registered holders of MASTR Asset Backed Securities Trust 2005-NC1, Mortgage Pass-Through Certificates, Series 2005-NC1,” a securitized REMIC trust.

The Plaintiff, like so many others, claimed (and the lower Circuit Court penned in the Findings of Fact) it “is now the Holder of the Note.” Of course, there were the usual series of “after-the-fact” robo-signed assignments trying to establish the right to enforce, and an allonge dated “after-the-fact” signed in blank. Even a witness who was basically a computer jockey viewing screen shots with no personal knowledge of who or how the data was entered.  But in this case, there is a bit of a twist which, it appears, the Justices were picking up on as they asked astute questions about the procedure and the original (now bankrupt and liquidated) lender, New Century Mortgage Corporation. Continue reading

Derivative Damage – What Can Go Wrong When Private Equity Takes Over a Public Service

hqdefaultWhether you know it or not the derivative damage that caused the 2008 financial massacre and millions upon millions of foreclosures continues to plague America in ways that are unfathomable.

You can blame deregulation of the financial industry, too much dirty money in state and federal politics, outright bribery, a lack of moral and ethical behavior and a significant blur between the three branches of government that were originally designed to be oversight protection.

You may not know that the $700 TRILLION+ debt created on Wall Street took out (destroyed, eliminated, stole) billion$ of pension and retirement funds from nearly every aspect of government, trade unions and corporate 401ks to the point that severe cutbacks had to be made from furloughs to total haircuts… And now these lousy, corrupt and bribe-r-us bankster created investment vehicles have wiped out the futures of millions of American families – and many don’t even know it yet… but your politicians do.
See: The Sucker Punch – The Elite’s Attack on Pension and Retirement Funds Continue reading

The Training Every Foreclosure Defense & Bankruptcy Lawyer Needs

This is such a good promotional piece that it deserves distribution. We need to build and educate our defense force against the corruption. Max Gardner has designed one of the best “Boot Camp” seminars offered to dedicated defense attorneys. Knowledge is power!

Please share.

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

Wells Fargo’s Failed to Establish that it is the Holder of the Note – Claim Objection Granted!

Buckle Up

See the Franklin Decision – MEMORANDUM OF DECISION ON DEBTOR’S OBJECTION TO CLAIM OF WELLS FARGO BANK, NA

“Wells Fargo’s failure to establish that it is the holder of the Note similarly requires the Claim Objection to be granted and Claims 1‐2 and 1‐1 disallowed.”
There ARE decent judges!

(Unlike some other bank-biased judge this week that encountered more than enough robo-signed documents and intentionally excluded Defendants’ evidence proving that the bank hadn’t met its burden… and kept the doors closed to witnesses and the public throughout the trial, without a witness exclusion motion, while it ruled for the bank)

With apologies to Paul Simon—Linda’s Song

I met him at a deposition
On a case I had last year
It involved some serious fabrications
Like from a man who had way too much beer Continue reading

Incredible! New Century Bankruptcy Judge’s Order Against Homeowner Vacated… “[d]ue process affords a re-do”

Vacated NCTenacity pays off! Maybe the jig is up… This is the bankruptcy court that wanted to DESTROY the homeowner files.

“I. INTRODUCTION
Appellants Molly S. White and Ralph N. White (“White”) (“appellants”) filed this bankruptcy appeal on October 18, 2013. (D.1. 1) They appear pro se. The appeal arises from an order entered by the bankruptcy court on August 30, 2013, that determined debtors complied with the bankruptcy court’s order establishing bar dates for ‘filing proofs of claim and approving the form, manner, and sufficiency of the notice as applied to unknown creditors.” Continue reading

A Primary Difference between Foreclosure and Bankruptcy Courts – Bankruptcy will Not Tolerate False Claims

false-claims-265Bankruptcy, like foreclosure, has become a production business. While nontraditional mortgage loans (NTMs) and foreclosures are the products of a patented scheme, bankruptcy is more of a legislated racket. Bankruptcy and foreclosure structures have attorney “mills” operating as a business by shuffling humans through cattle car-like process, both systems personally affect the individuals and their families – and both are tragedies.

The reason for the comparison is although they both have federal oversight in common – only one has a tough and powerful specialized court system. Even with a tough bankruptcy court, evil shysters and psychotic scammers materialize to pick every last morsel off of the carcass. [There is comfort in knowing Karma is never late]. Continue reading

Yves Smith Posted “STILL FEEL CONFIDENT ABOUT COLLECTING YOUR PENSION AFTER THIS?”

From the pages of NakedCapitalism was this strikingly sensitive post. Don’t even think twice – this could be your city at any minute too.

By Raúl Ilargi Meijer, editor-in-chief of The Automatic Earth, Cross posted from Automatic Earth

detroit manholeIf your answer to that question is affirmative, I suggest you take a good hard look at what’s coming out of Detroit these days. Why don’t we just call it a bail-in model, not unlike Cyprus, where the waters are tested for forcing parties who historically thought they were safe from cuts, find they no longer are.

And if you think Detroit is the only American city that has these kinds of problems, think again. It’s merely the first, count on it. It’s not just an American issue either, of course, and although retirements plans are set up in myriad different ways, they have one thing in common: they are in essence pyramid schemes, eat your heart out Charles Ponzi, and it’s just a matter of time before the walls start crumbling. Continue reading

The Armageddon Looting Machine: The Looming Mass Destruction from Derivatives

TruthDig posted the latest Ellen Brown, Web of Debt examination of the financial market.

highrisk-435x235The Armageddon Looting Machine: The Looming Mass Destruction from Derivatives

Five years after the financial collapse precipitated by the Lehman Brothers bankruptcy on September 15, 2008, the risk of another full-blown financial panic is still looming large, despite the Dodd Frank legislation designed to contain it. As noted in a recent Reuters article, the risk has just moved into the shadows: Continue reading