Welcome to Freddie and Fannie’s Mortgage Shell Game

By Shawn Timothy Newman, J.D.
Adjunct Professor
Saint Martin’s University

Wheres-the-NoteIn common parlance, a mortgage (or Deed of Trust) includes the underlying loan (promissory note) and the security on that loan (mortgage or Deed of Trust). This ignores the fact that the note and mortgage (or DOT) are two separate contracts governed by some different laws and legal principals.

As noted in Powell on Real Property, sec. 37.27 [2] (Michael Allan Wolf ed., LexisNexis Matthew Bender 2010)  Continue reading

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Finally an answer to that *vexing* question. Is There Life After HAMP?

Published by THE RECORDER, Essential California Legal Content

modification-fraudChavez v. Indymac Mortgage Services [C.A. 4thD061997]
Click here for the full decision

“We conclude the homeowner sufficiently alleged equitable estoppel to preclude the lender’s reliance on the statute of frauds defense.

We also conclude that the homeowner sufficiently alleged a cause of action for wrongful foreclosure.” Continue reading

BofA Invasive Tactic in Foreclosures Draws Scrutiny

Don’t think for a minute that this could not happen to you.  This is much more prevalent than you can imagine.

NYT break-in storyThe New York Times – by JESSICA SILVER-GREENBERG

Barry Tatum returned to his home in Chicago in December to find that his front and back doors had been torn from their hinges, leaving his possessions exposed to the frigid winds that whipped through his neighborhood.

Terrified that he had been robbed, Mr. Tatum, who had fallen behind on his Bank of America mortgage, raced inside only to discover an unlikely source of the break-in, he Continue reading

Washington, DC Tax Lien Rape Leaves Homeowner with Nothing

Don’t think for one minute that this could not happen to you.

WP Tax Rape Story

On the day Bennie Coleman lost his house, the day armed U.S. marshals came to his door and ordered him off the property, he slumped in a folding chair across the street and watched the vestiges of his 76 years hauled to the curb. Continue reading

Part 2 – How to Challenge an Assignment of Mortgage

Part 2 – How to Challenge an Assignment of Mortgage by Glenn Augenstein continued from Part 1 on DeadlyClear

Glenn Augenstein, a seasoned researcher and expert witness in foreclosure fraud, has taken the time to research the ancient word “seisin” which gives us better insight into what the mortgage document was meant to convey.

LandOwnershipRecent Case Law 

Wells Fargo v Erobobo

On this I must first comment that standing, or lack thereof, is considered differently in some jurisdictions than it is others.  Some treat it as an affirmative defense that must be pleaded timely or it is considered waived. “Because the issue of standing is distinct from the issue of subject-matter jurisdiction and, thus, can be waived, we hold that Continue reading

Your Mortgage Documents Might be Fake!

lynn_szymoniak-620x412Ya think, maybe? MERS alleges to have registered 71 million mortgages. There were likely another 15-20 million “non-MERS” mortgages…

Lynn Szymoniak in Salon:
BY Prepare to be outraged. Newly obtained filings from this Florida woman’s lawsuit uncover horrifying scheme (Update)

If you know about foreclosure fraud, the mass fabrication of mortgage documents in state courts by banks attempting to foreclose on homeowners, you may have one nagging question: Why did banks have to resort to this illegal scheme? Was it just cheaper to Continue reading

An OPEN FORECLOSURE DEFENSE LETTER To ALL Governors – Wake Up!

court home snatchersMost of us working in foreclosure defense find the foreclosure procedure despicable. The lies and fraudulent documents make our hearts ache and stomachs turn; and when a judge refuses to see the deceit – CORRUPTION lights up like a neon sign. It’s time we take over these land grab issues, hand them back to the states and ask the Governors and Legislators to reign in the courts and protect the constituents. This is not about a “free house” – which is pure bankster propaganda that is hard to overcome. This is about truth, integrity and honesty – none of the attributes that Wall Street banks possess these days.

One Washington state constituent, Linda Michelle Darnell, a foreclosure defense consultant, wrote a compelling letter to her governor, Jay Inslee. We Continue reading

Bank Induced Defaults….and What the Government Knew

loan-modification-scam-avoid-companies-offeringIf you think you have your mortgage modification under control – STAY ALERT. Discussions with attorneys have indicated the banks are reneging on their modification agreements and settlements – even after judicial order. Servicers like Ocwen Loan Servicing are refusing Western Union payments and some servicers are peddling properties they have agreed by court order to reinstate to real estate brokers whose agents are spreading false rumors that homes are back in foreclosure. It is hard to understand how anyone in the real estate industry would ever touch a foreclosure – let alone set themselves up for a lawsuit by blatantly trying to sell a home not listed for sale by its legal owner.

Danielle Kelley, Attorneys at Law PLLC posted Bank Induced Defaults….and What the Government Knew – a brilliant synopsis of the modification scam industry. Continue reading

Mortgage Crisis 101 by Prof. John Campbell

Campbell soupWhile the foreclosure crisis might sound to some like duck soup, Professor John E. Campbell from the University of Denver Sturm College of Law has taken the time to dissect the issues in his Mortgage Crisis in a Nutshell video explaining precisely what has happened to homeowners and searching for the reasons why.

Prof. Campbell explains what has happened in the traditional sense and how Mortgage Electronic Registration Systems, Inc. participated in part of the scheme. He also discusses how and why the homeowners were not intentionally at fault.

In this one-hour video, Attorney John E. Campbell explains the main aspects of the mortgage crisis that has devastated the U.S. housing market and the economy. Watch the video and then let’s discuss securitization in a little more detail below. Continue reading

ShellGame-MERS: Contrived Confusion – A MUST READ!

SHELLEGAME-MERS bk coverlgYesterday was spent reading a brilliant new ebook ShellGame-MERS: Contrived Confusion by retired attorney/CPA Robert Janes. Not enough can be said about this powerful paper that accurately outlines the errors of the foreclosure machine. IT IS A “MUST READ”!

Robert Janes has previously written a  book called “Fighting The Foreclosure Machine” and has a website with the same name, with great newsletters contained therein.  It is all about the UCC and the material is in regard to making the banks prove who can enforce the Note.

This is fabulous information and used in a lot of Quiet Title actions and Oppositions to Motions for Summary Judgments.  Judges are starting to listen to these arguments which is to put a stop to the fabrication of documents and fraud stemming from the “foreclosure machine.” Continue reading