IN 2015, SIX OF THE SEVEN LARGEST HAMP SERVICERS WRONGFULLY TERMINATED HOMEOWNERS OUT OF HAMP

SIGTARP QUARTERLY REPORT TO CONGRESS I JANUARY 27, 2016

SIGTARP’s concerns over servicer misconduct contributing to homeowner redefaults in HAMP have been borne out. Treasury’s findings in its on-site visits to the largest seven mortgage servicers in HAMP over the most recent four quarters show disturbing and what should be unacceptable results, as 6 of 7 of the mortgage servicers had wrongfully terminated homeowners who were in “good standing” out of HAMP.

These staggering findings clearly show that servicer misconduct is contributing to some homeowners falling out of HAMP. Homeowners were wrongly terminated from HAMP by their servicer despite making timely mortgage payments, putting them at risk of losing their home. These homeowners were forced out of HAMP through no fault of their own. Mortgage servicers did not give these homeowners a fair shot. As these instances were found through sampling, Treasury does not know how many other homeowners were also wrongfully forced out of HAMP. Continue reading

2016 Five Star Housing Government Forum – Homeowners Uninvited?

By Deby Morrow and Sydney Sullivan

2016 Five Star forum2016 Five Star Institute’s “Housing Government” Forum in Washington, DC Without a Single “Housing” Representative (i.e., a homeowner) in Attendance. Whoa, Congress – right under your nose!

The forum is a daylong event where leaders in both servicing and federal government come together to engage in honest and open dialogue about the industry’s most pressing issues and challenges affecting both your business and the entire housing economy… Without a single homeowner representative on the Agenda. Continue reading

The Delusional Bench Squad – Collective Insanity?

By Sydney Sullivan

You may not like this movie. Wolf of Wall Street may be too vulgar. But if you are still invested in Wall Street there must be some vulgar demon or wannabe rich guy inside you that is too delusional to get out.
It’s no wonder why homeowners can’t get a fair shake in court because it appears the delusional sit above, behind and on the bench.

wolf LD money“Mark Hanna: We don’t create shit, we don’t build anything.
Jordan Belfort: No.
Mark Hanna: So if you got a client who brought stock at eight, and it now sits at sixteen, and he’s all f**king happy, he wants to cash it and liquidate and take his f**king money and run home. You don’t let him do that.
Jordan Belfort: Okay.
Mark Hanna: Cause that would make it real.

Continue reading

Trouble in Paradise — Maui Foreclosures Allowed Without Proof of Standing or Full HRS §667-17 Compliance

A MUST WATCH VIDEO!

See: KingCast and Mortgage Movies

“Truth crushed to Earth shall rise again, the eternal years of God are hers, but Error wounded writhes in pain and dies among His worshipers.”  The Battle Field – William Cullen Bryant. 1794–1878 Continue reading

PART I – CLUELESS KANGAROO – When the Court Jumps Over the Facts and Awards Foreclosure to the Banks

By Sydney Sullivan

PART I – CLUELESS KANGAROO

KANGAROO JUDGEWe see all sorts of cases in foreclosure defense and just as many judicial personalities… goofy decisions, irresponsible and / or clueless judges but this one takes the cake! You would think that if you’re going to have your case heard by a trial judge – that he would be required to have some knowledge on the subject, right? Apparently, not in Hawaii’s Second Circuit Court.

A few years ago it appeared that many judges were just not up to speed on the foreclosure scheme, but lately it seems like there has to be a higher ilk that commands lower court to squash the homeowner and if they can afford to appeal, maybe then they’ll be worthy of some justice. Otherwise, presented with the evidence, acknowledging the bad paperwork and still ruling against the homeowner would be crazy or corrupt… or maybe both. This appears to be a case that would certainly seem to fit that synopsis. Continue reading

Two Judges Who Get It About Banks – Too Many Other Judges Don’t

Holm MissouriBig banks hold great sway in Washington these days, far more than troubled homeowners do. But outside the Beltway, many people remain caught in the maw of the financial giants, which is why it is heartening when some judges step into the fray.

Consider two opinions involving Wells Fargo, a bank that enjoys a somewhat better reputation than many of its peers. On Monday, a judge in a state court in Missouri ordered Wells to pay over $3 million in punitive damages and other costs for abusing a borrower. Then, on Thursday, a judge in Federal Bankruptcy Court in suburban New York ruled on behalf of another borrower, concluding that there was substantial evidence Wells Fargo forged documents when it foreclosed on a property. Continue reading

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

Shocking! Wells Fargo’s Foreclosure Fraud Handbook

Wells Fargo — the largest mortgage servicing company in the country — was recently busted for creating and sharing a handbook that instructed their employees on how to commit fraud. Ring of Fire guest host Farron Cousins discusses this with attorney Mike Burg. The WellsFargoForeclosureAttorneyManual on how to craft fraudulent foreclosure documents and its patent software program VendorScape are designed to defraud the homeowners and the courts. Shouldn’t the judges care?

Policy Changes aka eNotes are Here! New Paragraph 11 in Promissory Notes.

monopoly_electronic_banking_editionWe’ve discussed UETA and eSign and the significance of explicit consent…in most cases pre-2008…there isn’t any. Here is a Indiana case that is riveting: Good v. Wells Fargo. Read it HERE.

In this case, Bryan Good stated that in this 2008 transaction there were apparently 2 notes. Wells Fargo asserts that Good signed an eNote with a new (policy change) paragraph 11 – and that is still not enough.

Yes – go get your promissory notes and look for paragraph 11. You probably won’t see it if your note pre-dates 2008. Continue reading