Saturday, March 03, 2012

Robosigning focuses attention on title companies

Chain of title - proof of who really owns a house - underpins the entire U.S. system of real estate.

Broken chain of title due to slipshod paperwork was a serious issue uncovered in the nationwide robosigning scandal and again last month in a city report that found San Francisco foreclosure paperwork riddled with errors.

Those revelations draw new attention to title companies, which insure a home's clear title for both buyers and lenders.

"If there is not a clear chain of title in the foreclosure process, how can there be a clear chain of title for the person buying foreclosed property?" said San Francisco Assessor-Recorder Phil Ting, who commissioned the audit. "Given our report, it calls into question whether entities selling a foreclosure really have the right to transfer that property to somebody else."

Moody's Whistleblower Case Moves Forward

MANHATTAN (CN) - A former managing director can pursue claims that Moody's fired him for threatening to report fraud in its ratings methodology, a federal judge ruled.
Ilya Eric Kolchinsky, a former managing director for Moody's derivatives group, claimed that he learned on Sept. 10, 2007 that the ratings agency used old methodologies that violated federal securities laws.
Kolchinsky claimed that his direct supervisor was "nonresponsive" to his concerns, so he took matter to Moody's Head of Credit Policy.
Less than 2 weeks later, Moody's issued a press release announcing new ratings methods, Kolchinsky said in his complaint.
He claimed he was later removed from the derivatives group, kept out of development meetings and his pay and bonuses were cut. He complained on Sept. 12, 2008 to Michael Kanef, Moody's chief regulatory and compliance officer, according to the Opinion and Order issued this week by U.S. District Judge Paul Crotty.
"Kanef investigated Kolchinsky's allegations, but Kanef had conflicts of interest since he oversaw the group that rated residential mortgage-backed securities and was involved in setting Moody's ratings policies for those securities," Crotty wrote in his 15-page ruling.
Kanef told Kolchinsky to direct any future complaints to Moody's lawyers - first, at Sullivan & Cromwell, then at Kramer Levin Naftalis & Frankel, according to Crotty's summary of the case.


Biloxi Buzz for Saturday



The Worst Collector in the World?

PEORIA, Ill. (CN) - A woman claims an abusive bill collector told her that her ex-husband would not be allowed to return from military service in Afghanistan unless she caught up on her student loans.
Tiffany Norris says in her federal complaint that a bill collector from defendant Afni Inc. made the threat during a telephone conversation in July 2011.
Her ex-husband co-signed the federal student loan with Sallie Mae.
"Defendant's representation, as delineated above, that her ex-husband would not be able to return to the United States after his deployment if plaintiff did not pay the debt she allegedly owed was false, deceptive and/or misleading given that plaintiff's payment of the debt she allegedly owed had no impact on whether her ex-husband would be permitted to the United States after his deployment with the United States Military," the complaint states.

VIEW A COPY OF THE SECURITIZATION AUDIT FOR THE PROPERTY IN FORECLOSURE

Click here.

NV AG Masto: State AG says settlement won’t stop investigation

Friday, March 02, 2012

AFFIDAVIT OF INDEBTNESS, NOBODY SIGNED ? - MIDFIRST BANK , MIDLAND MORTGAGE CO

Foreclosure Hamlet:


Affidavit of Indebtedness Law & Legal Definition


An affidavit of indebtedness is a statement of how much a plaintiff believes that the defendant owes on a loan/ credit card etc. An affidavit of indebtedness is a sworn statement and states that the defendant is indebted for a certain sum of money to the maker of the affidavit. It further states that such repayment was due on a particular date and the defendant has not yet made or completed the payment. The indebted person may either make the concerned payment or otherwise deny the claims made in the affidavit.






Biloxi Buzz for Friday



Bankster Left Speechless by Irish Journalist (VIDEO)

Irish journalist Vincent Browne confronts the ECB’s (European Central Bank) Klaus Masuch demanding to know where the money is going.

Astounding attempt to deflect – first before the question is asked in preventing a follow-up, the bankster tries to dodge the question and the journalist refuses to capitulate and nails Sir Bankster to the wall, then takes his head off.


Source: 4closurefraud

Thursday, March 01, 2012

Lender Processing Services, Inc. (NYSE:LPS) Investor Sues Directors over Alleged Wrongdoing

San Diego, CA — (SBWIRE) — 02/29/2012 — An investor in NYSE: LPS shares filed a lawsuit against directors over Lender Processing Services, Inc. over alleged breaches of fiduciary duties in connection with Lender Processing Services’ default operations.

Investors who are current long term investors in Lender Processing Services, Inc. (NYSE: LPS) shares, have certain options and should contact the Shareholders Foundation at mail(at)shareholdersfoundation.com or call +1(858) 779 – 1554.

The plaintiff alleges that that defendants breached their fiduciary duties and that the board of directors was made expressly aware of the issues with Docx, an Lender Processing Services subsidiary, but did not end the robo-signing practice, which is a process in which unverified documents are automatically generated and submitted in foreclosure and bankruptcy proceedings.

The plaintiff alleges that in September and October of 2010, news articles across revealed that many of the automatically-generated documents used in judicial foreclosure proceedings and bankruptcies were improper and invalid and that the volume of Lender Processing Services documents filed in the wake of the financial crisis made clear that the paperwork was frequently automatically generated with very little, if any, factual investigation into whether the foreclosing entity had a legal right to foreclose on the property, and other facts critical to the proceedings.

In December 2011 a lawsuit was also filed by the Office of the Attorney General of the State of Nevada. This lawsuit alleged among other things that Lender Processing Services and certain of its subsidiaries engaged in a pattern and practice of falsifying, forging and/or fraudulently executing foreclosure related documents, resulting in numerous foreclosures that were predicated upon deficient documentation, and implemented a widespread scheme to forge signatures on key documents, to ensure that volume and speed quotas were met.

Those who are current long term investors in Lender Processing Services, Inc. (NYSE: LPS) shares, have certain options and should contact the Shareholders Foundation.

Contact:
Shareholders Foundation, Inc.
Trevor Allen
3111 Camino Del Rio North – Suite 423
92108 San Diego
Phone: +1-(858)-779-1554
Fax: +1-(858)-605-5739
mail@shareholdersfoundation.com

SOURCE: http://www.sbwire.com/

The Law Firm of Levi & Korsinsky, LLP Launches an Investigation into Possible Securities Laws Violations by Wells Fargo

Levi & Korsinsky is investigating potential claims on

behalf of purchasers of Wells Fargo & Company

(“Wells Fargo” or the “Company”) (NYSE: WFC)

securities concerning possible violations of federal

securities laws.

On February 28, 2012, the Company filed its annual report for the period ended December 31,

2011, in which it disclosed the receipt of a Wells Notice from the United States Securities and

Exchange Commission (“SEC”) concerning its disclosures in mortgage-backed securities offering

documents.  The Wells Notice indicates the SEC’s intention to bring an enforcement action upon

Wells Fargo and providing the Company with an opportunity to provide information why such

action should not be brought.



Wells Fargo also disclosed that the Company is under investigation for concerns relating to

potential violations of fair lending laws and other laws and regulations relating to mortgage

origination practices.  Wells Fargo is also under investigation to determine whether the Company

properly disclosed the facts and risks associated with residential mortgage-backed securities in

offering documents.
Source: Law Firm of Levi & Korsinsky, LLP website

THE "ORIGINAL" MERS ASSIGNMENT ! but THE "ORIGINAL" SIGNATURE?

Foreclosure Hamlet:


well i have this robo signer SHARON BOOKOUT AS VICE PRESIDENT OF MERS ( one of the 20 000 )

with the notary signature of CRYSTAL KLOHN

Biloxi Buzz for Thursday

RI State Senator Moura letter to Chase: Steamed over Chase foreclosure flunkies

"I have personally called and spoken with your staff. They are unprofessional, rude, use their power to frustrate callers, and do what they can to prohibit (instead of facilitate) meaningful resolution(s). If a State Senator is treated that way, I shudder to imagine how your customers and my constituents are treated. It's atrocious."----Rhode Island State Senator Moura

Senator Moura Steamed Over Chase Foreclosure Flunkies

Wednesday, February 29, 2012

Bank of America Declares Living Woman Dead

View more videos at: http://nbcsandiego.com.

Wells Fargo Shareholder Report Reveals Information on Foreclosure Fraud Settlement

It’s embarrassing that the most information we’ve yet received about the foreclosure fraud settlement comes from an annual report to stockholders by Wells Fargo. In other words, we had to wait for the banks to tell us what was in the settlement, I guess because the regulatory officials who negotiated it weren’t entirely proud of their work.

The Wells notice (it begins on page 74) isn’t legal language, and it states clearly that “the terms… do not become final until approval of the settlement agreement by the U.S. District Court and execution of a consent order.” But it provides some more detailed information than the broad sketch that has been released. For example, we have the first breakdown that I’ve seen of the credit system for principal reductions.

first lien principal forgiveness for LTV less than or equal to 175%: 100% credit (must constitute at least 30% of the Consumer Relief Program credits);

first lien principal forgiveness for LTV greater than 175%: 50% credit for portion forgiven over 175% LTV;

forgiveness of forbearance amounts on existing loan modifications – 40% credit;

earned forgiveness over no more than a 3 year period: 85% credit for LTV less than or equal to 175%; 45% credit for forgiveness over 175% LTV;

Rest of the list here…

THE "ORIGINAL" MERS ASSIGNMENT !! FROM MIDFIRST BANK- MIDLAND MORTGAGE CO




here is the "original" assignment executed on November 11 2009, what a coincidence our all mighty friend Douglas c. zahm and company { midfirst bank , midland mortgage co. or who ever they are}filed this claim on November 23 2009, but, but but, wait....this assignment was recorded after the initial claim on November 25 2009...

why ? if they have it since November 11 2009 and is the poof they have "legal right to claim"...and why they did not mention anything about it until 2012 ?. maybe ...they ...just ..forgot...ohh i remember they produce it in response for production .. indeed

check this out.... i know is hard to see , i have this problem noticing details.....pffssss..

this is from PUBLIC RECORDS
.. THE PROBLEM IS NOT THE MISSING LETTERS..the point is....
- THE DOCUMENT has been ALTERED/CORRECTED AFTER THEY RECORDED IN PUBLIC RECORDS..
- is NOT the SAME DOCUMENT RECORDED ON PUBLIC RECORDS...
- IS NOT THE SAME DOCUMENT THEY SENT TO US IN 2011.AND WAS PRESENTED IN COURT
- THAT MEANS THEY CAN PRODUCE , REPRODUCE, CHANGE DATES, CHANGE NAMES ,CHANGE COMPANIES , CHANGE ADDRESS ....AT WILL IN ANY DOCUMENT AT ANY TIME...
i don't think is legal to have 2 versions of the same document after it has been recorded AND WILL BE USED AS A LEGAL PROOF IN A TRIAL OR CLAIM ...even if one letter is missing..
- let's say .. if you owe 100 dls.. and they insert another 0 now you owe 1000 dls...
- or you kill one of this rats and after two months they insert 2 rats were killed
so bad they didn't put another company in one ...wait....let me check that.....mmm no...hahaha...
this "ORIGINAL" PERFECT ASSIGNMENT FILED IN COURT

Biloxi Buzz for Wednesday

Unpleasant Details Emerge About Ohio School Shooting Suspect





Banks Steal Homes, and I have PROOF

The name “Danielle Sterling” may not mean much to you. Frankly, it shouldn’t. Danielle Sterling was a receptionist for American Home Mortgage until 2005, when she was promoted to a “Collateral Reviewer,” a position she held until 2007, when American Home Mortgage went out of business. I don’t want to call her a “nobody,” but Danielle Sterling was just one step up from a receptionist at a mortgage company that’s been out of business for five years … clearly she was a bit player in the mortgage industry. So why am I talking about her?

Well, I defend foreclosure cases. In that role, I look closely at every promissory note and every endorsement on those notes that come across my desk. I’ve encountered the name “Danielle Sterling” a fair number of times as an indorser on Notes. Frankly, I didn’t think much of it at the time – it was just a scribbled signature on a Note. However, when I came to learn she was just one step up from a receptionist, and she hasn’t been in the industry since 2007, it made me wonder … “why is Danielle Sterling signing so many indorsements on promissory notes, transferring millions of dollars?” If you ran a business, can you imagine giving low-level staff members the authority to transfer millions of dollars in commercial paper with a swipe of the pen? What in the name of Wells Fargo is going on here?

With the help of my friend Matt Weidner, it seems I have an answer. According to this Affidavit, Danielle Sterling did not endorse a promissory note entered by Daniel and Christine Junk. Ms. Sterling is very unequivocal about this – she never endorsed the Note. Yet the Note has an endorsement bearing her signature.

Rest from Mark here…

Affidavit of Danielle Sterling

Subject Matter Jurisdiction | 100,000+ Foreclosures Defective in Pennsylvania According to State Superior Court

Housing activists are calling on Pennsylvania banks and sheriffs to temporarily halt all home foreclosures, saying a paperwork error could save thousands of people their homes.

The state Superior Court on Jan. 30 ruled in favor of three women facing foreclosure who claimed they were not notified, as required by law, that they could have a face-to-face meeting with their mortgage holders to try to resolve outstanding payments.

The Pennsylvania Housing Finance Agency issued more than 100,000 such “Act 91″ forms from 1999 through 2008 that did not contain that notification, their lawyer Michael Malakoff said.

That means they, too, could get relief from courts. Another of his pro-bono clients, Kathy Todd of Lincoln Place, was due to go through a sheriff’s sale two weeks from now before it was halted due to the decision.

Rest here…

From the ruling…

This is an appeal from an order that sustained Appellee’s “Motion to Set Aside Judgment and Sheriff’s Sale.” We affirm.


The relevant background underlying this matter can be summarized in the following manner. In October of 2006, Appellant filed a complaint in mortgage foreclosure against Appellee. According to the complaint, Appellee owns a home subject to a mortgage for which Appellant is the mortgagee. Appellant averred that Appellee’s mortgage was in default due to Appellee’s failure to pay her monthly mortgage costs. The parties eventually agreed to settle the matter. In short, the parties agreed to enter a judgment in favor of Appellant for $217,508.81 together with interest. They further agreed that, so long as Appellee made regular payments to Appellant, Appellant would not execute on the judgment. The trial court approved the parties’ settlement on May 7, 2009.


On April 5, 2010, Appellant filed an affidavit of default wherein it alleged that Appellee had defaulted on her payment obligations. The following day, Appellant filed a praecipe for writ of execution. On August 2, 2010, the subject property was sold by sheriff’s sale; Appellant was the successful bidder.


On August 31, 2010, Appellee filed a document which she entitled “Motion to Set Aside Judgment and Sheriff’s Sale.” Appellee contended that the trial court lacked subject matter jurisdiction over the matter because Appellant failed to comply with the notice requirements of the Homeowner’s Emergency Mortgage Act, 35 P.S. §§ 1680.401c et seq. (“Act 91″). More specifically, Appellee maintained that the Act 91 notice she received from Appellant failed to inform her that she had thirty days to have a face-to-face meeting with Appellant. After holding a hearing, the trial court agreed with Appellee that the Act 91 notice was deficient. The court issued an order setting aside the sheriff’s sale and the judgment; the order also dismissed Appellant’s complaint without prejudice.





Act 91 contains no language that suggests that an Act 91 notice which fails to advise a mortgagor that the mortgagor can meet with the mortgagee will suffice so long as, during the course of the mortgage foreclosure litigation, the mortgagor cannot prove that he or she was prejudiced by the deficient notice. In fact, Act 91 explicitly states that, before a mortgagee can even commence a mortgage foreclosure action, it must give the mortgagor the notice described in Section 1680.403c; Subsection 1680.403c(b)(1) clearly and unambiguously mandates that the notice must inform a mortgagor, inter alia, that the mortgagor can meet face-to-face with the mortgagee.


We conclude that the trial court did not make an error of law or abuse its discretion by sustaining Appellee’s “Motion to Set Aside Judgment and Sheriff’s Sale.” In conjunction with its ruling, the court properly set aside the sheriff’s sale, vacated the judgment, and dismissed Appellant’s complaint without prejudice. Accordingly, we affirm the court’s order.


Order affirmed.

Tuesday, February 28, 2012

Hank the cat running for the US Senate in VA







Read more on Washington Post. Click here.





Federal Reserve releases action plans/engagement letters per consent orders

For immediate release


The Federal Reserve Board on Monday released action plans for supervised financial institutions to correct deficiencies in residential mortgage loan servicing and foreclosure processing. It also released engagement letters between supervised financial institutions and independent consultants retained by the firms to review foreclosures that were in process in 2009 and 2010.

The action plans are required by formal enforcement actions issued by the Federal Reserve last year. The enforcement actions direct mortgage loan servicers regulated by the Federal Reserve to submit acceptable plans that describe, among other things, how the institutions will strengthen communications with borrowers by providing each borrower the name of a primary point of contact at the servicer; establish limits on foreclosures where loan modifications have been approved; establish robust, third-party vendor controls; and strengthen compliance programs.

The Federal Reserve enforcement actions also require the parent holding companies of mortgage servicers to submit acceptable plans that describe, among other things, how the companies will improve oversight of servicing and foreclosure processing conducted by bank and nonbank subsidiaries.

The enforcement actions further require the mortgage servicing subsidiaries to provide appropriate remediation to borrowers who suffered financial injury as a result of errors by the servicers. The engagement letters describe the procedures that will be followed by the independent consultants in reviewing servicers’ foreclosure files to determine whether borrowers suffered financial injury as a result of servicer error.

Release of the action plans and engagement letters follows reviews conducted from November 2010 to January 2011, in which examiners found unsafe and unsound processes and practices in residential mortgage loan servicing and foreclosure processing at a number of supervised institutions.

The Federal Reserve will closely follow the implementation of action plans to ensure that the financial institutions correct deficiencies and evaluate any harm that was done to homeowners in the foreclosure process in 2009 and 2010. The Federal Reserve anticipates that more engagement letters and action plans will be posted soon.

For media inquiries, call 202-452-2955

Action plans and engagement letters here…

2012 Enforcement Actions here…

JPMorgan, BofA Strain for Qualified Staff to Clear Foreclosures

JPMorgan Chase & Co. and Bank of America Corp. told regulators they were straining last year to hire and retain enough qualified people who could clear a backlog of foreclosure complaints.

JPMorgan, the largest U.S. bank by assets, vowed to expand training after its review found that the mortgage-servicing unit“struggled to absorb rapid staffing growth and, in many cases, hired representatives with little or no home lending industry experience.” Bank of America, ranked second, said compliance operations were understaffed as of midyear 2011 and that some people lacked the skills or stature needed to do their jobs.

The assessments, released today by the Federal Reserve, were contained in action plans submitted after U.S. banks were ordered last April to clean up foreclosures and mortgage servicing. The order followed a deluge of borrower complaints about lost paperwork, broken promises and missed deadlines that cost some of them their homes. The accord compels the 14 largest servicers to repay homeowners for any losses tied to the errors.

Biloxi Buzz for Tuesday

MIDLAND MORTGAGE CO. SERVICER FORECLOSING AS PRETENDING LENDER

Foreclosure Hamlet:


coincidence ???

MIDLAND MORTGAGE CO. SERVICER address is 999 N W GRAND BOULEVARD OKLAHOMA CITY OK curiously is the same of the "vice president of MERS Sharon Bookout " who robo signed the MERS assignment.

curiously is the same address of the entity who received the property as a gif in the final judgment

Midland Mortgage Company (servicer), Sharon Bookout : 999 N W GRAND BOUELVARD OKLAHOMA CITY OK.



Read on.

Attorney claims Chase Bank conspired to put all firm's assets under his former's partner's control

CHICAGO (CN) - An attorney claims Chase Bank helped freeze him out of his law firm by conspiring to put all the firm's assets under his former partner's control.
Eric Freed, formerly of Freed & Weiss LLC, sued JPMorgan Chase, but not his former partner, nor the firm, in Cook County Court.
Freed claims the partnership agreement of Freed & Weiss entitled him to 53 percent of the LLC's profits, and his former partner Paul Weiss to 47 percent. He says Weiss voluntarily quit the LLC. Weiss is married to Jamie Saltzman Weiss, also an attorney, and not a party to the case.
Freed claims: "As early as 2008, Weiss and Saltzman devised and agreed on a fraudulent scheme to wrongfully eliminate Freed from the LLC. Once put in motion, this fraudulent scheme would allow Weiss, Saltzman, and perhaps others, to take over the business and finances, move the LLC's bank accounts from Bank of America - where they were officially maintained - to another bank - where Freed would have no signatory authority, and freeze Freed out of the LLC's operations, by preventing Freed from accessing the LLC's premises and computer system."
Freed claims that in December 2008 and in October 2009, Saltzman and Weiss opened bank accounts with Chase Bank, claiming that Weiss was the only member of the LLC.
"Chase Bank failed to undertake, on information and belief, any due diligence to ascertain the veracity of these statements. Indeed, the simplest of investigations would have revealed their falsity," the complaint states.
It adds: "Chase Bank assisted Salzman and Weiss in opening these bank accounts at Chase Bank, account numbers *4054 and *5990, and, upon information and belief, without conducting any due diligence whatsoever - but, regardless, manifestly inadequate due diligence - therefore egregiously violating and recklessly disregarding the 'know your customer rule.' A simple review of the Partnership Agreement for Freed & Weiss LLC, and/or the filings that were made by Freed & Weiss LLC with the Illinois Secretary of State, that were publicly available online at that time, would have shown the falsity of the representations made by Saltzman and Weiss."

Merrill Lynch Faces Costly Class Action

CHICAGO (CN) - Merrill Lynch financial advisors who claim they were denied pay and promotions because they are black can sue the investment firm as a class, a decision that could cost the investment firm dearly, the 7th Circuit ruled.
The 700-person class, led by Nashville financial advisor George McReynolds, alleged that Merrill Lynch's company policies result in unintentional discrimination, known as disparate effect, against black bankers. Specifically, the class challenged the company's "teaming" and "account distribution" policies under Title VII of the Civil Rights Act.
At each Merrill Lynch branch, brokers are encouraged to divide themselves into client-sharing teams. "The aim in forming or joining a team is to gain access to additional clients, or if one is already rich in clients to share some of them with brokers who have complementary skills that will secure the clients' loyalty and maybe persuade them to invest more with Merrill Lynch," the 7th Circuit summarized.
While not all brokers join teams, teaming up allegedly presents substantial benefits.
But white brokers tend to form all-white teams, according to the complaint. Though brokers probably focus simply on the bottom line and "would doubtless ask a superstar broker to join their team regardless of his or her race ... there is bound to be uncertainty about who will be effective in bringing and keeping shared clients; and when there is uncertainty people tend to base decisions on emotions and preconceptions, for want of objective criteria," Judge Richard Posner wrote for the three-judge panel.


Is Florida Congressman Connie Mack A Tax Cheat? Mack And Husband Claim Homestead Exemption In Two States

Lee County Property Appraiser Ken Wilkinson said Wednesday he probably will investigate whether Rep. Connie Mack and his wife, Rep. Mary Bono of California, are entitled to two separate homestead exemptions in their home states, although his “first blush” opinion is that they are.

“My impression is they’ll probably be all right,” Wilkinson said.

Wilkinson said his senior staff members will discuss the matter today; he expects the decision will be to conduct an investigation.

He said the office likely will ask Mack and Bono for financial documentation, possibly including tax filings and records of their homestead properties, mortgage and insurance bills.

Asked about an anti-fraud posting on his office’s website that appears to suggest the dual exemptions aren’t allowed, Wilkinson responded, “Semantics is an interesting science; the wordage could be better on the site.”

Mack has a homestead exemption on his Fort Myers condo, and Bono has one on her Palm Springs home, even though the Florida Constitution says a single “family unit,” which usually includes a married couple, can have only one.

Mack’s attorney has said it is appropriate because the two are financially independent of each other.

Read more here

Sunday, February 26, 2012

Ben and Jerry's new ice cream

Citigroup Received DOJ Subpoena Amid Probes of Mortgage-Backed Securities


Citigroup Inc. (C) received a subpoena on Jan. 27 from the U.S. Department of Justice amid state and federal investigations into the bank’s role in creating mortgage-backed securities.

The bank has also received other subpoenas and requests for information during the inquiries, the New York-based company said in its annual regulatory filing today.

The Justice Department held a news conference that same day in January, describing a new U.S. government unit that will investigate misconduct in the bundling of loans into securities that may have fueled 2008’s credit crisis. The department subpoenaed 11 financial firms in the days beforehand, Attorney General Eric Holder said at the time.

Biloxi Buzz for Sunday