weekend edition - january 14, to january 18, 2013 - foreclosuregate gazette

7/29/2019 Weekend Edition - January 14, to January 18, 2013 - ForeclosureGate Gazette

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WEEKEND EDITION, JANUARY 14 JANUARY 18, 2013

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MONDAY, JANUARY 14, 2013ACADEMIA ADVERSARIES ADVOCATES BLOGOSPHERE LEGAL LEGISLATE OP-ED HOMEOWNERS NEWS

ForeclosureGate.org Is A Public Service Homeowner Coalition and Cooperative, Created ToExchange News And Information And To Advance Justice For American Homeowners

ATTENTION CONSUMER ADVOCATES: PLEASE TAKE ACTION TO ENSURE THAT FILES FORTHE ALREADY COMPLETED INDEPENDENT FORECLOSURE REVIEWS ARE NOT

SUBJECT TO LOSS, DESTRUCTION OR FOUL PLAY BY THE BANKS.

Matt Taibbi & William Black on How New Foreclosure Deal Spares Banks from Justice

Four years after the massive bailout that rescued Wall Street, we look at the state of the financial sector with RollingStones Matt Taibbi and former financial regulator William Black. In a new article for Rolling Stone, Taibbi arguesthe government did not just bail out Wall Street, but also lied on the financial sectors behalf, calling unhealthybanks healthy and helping banks cover up how much aid they were getting. The governments approach to thebanks came under new scrutiny this week after it reached an $8.5 billion settlement for improprieties in the wrongfulforeclosures on millions of American homeowners, including flawed paperwork, robo-signing and wrongly.

Foreclosure drop has more to do withfinancial firms changing their tactics

The number of distressed residential andcommercial properties falling into foreclosure hasfallen significantly since 2009 but the reason isnot necessarily a rosy real estate market. Thatsthe take of Rich Kruse of Gryphon AssetManagement LLC on the falling number offoreclosure cases filed in Franklin CommonPleas Court. Lets take a look at the numbers.

Foreclosure Predators Prey Upon Vietnam VetWho Owed $11,000 in Taxes, Lawsuit Claims

With this week's $3.3 billion settlement by bankswho engaged in faulty foreclosures, you mightthink that the worst tales of the housing bust arebehind us. But the predators of the foreclosure eraare still out there, still making money on otherpeople's misery. According to a complaint filedlast month in King County Superior Court, justsuch a scenario happened to Ames Larson.

Audit Regulator Criticizes Big AccountingFirms

Audit regulators said they have been seeing

more problems in big accounting firms' audits ofcompanies' "internal controls"something theyfear increases the risk that the auditors won'tcatch any financial error or fraud occurring attheir clients. Internal controls are a company'spolicies and procedures meant to insure that itsfinancial statements are accurate.

Salinas woman sentenced to prison forforeclosure scam

A Salinas woman convicted of preying on

struggling homeowners in a "foreclosure rescue"scam will spend more than three years in prison.Blanca Sanchez, also known as Blanca Maciel,received a 40-month sentence from SuperiorCourt Judge Mark Hood, the District Attorney'sOffice said Thursday. Sanchez was convicted of13 felonies by a jury in September after.

Study Shows a Pattern of Risky Loans byF.H.A.

A new and extensive analysis of 2.4 million loansinsured by the Federal Housing Administration inrecent years shows a pattern of risky lending that

could generate $20 billion in losses and harmthousands of the nations most vulnerableborrowers. By ignoring risks in loans it insured in2009 and 2010, the study concludes, the F.H.A.is imperiling both borrowers and taxpayers whostand behind the agency.

A gripping history of the 40 years since wealthstarted falling up

Who stole the American Dream? The shortanswer to the question in the title of HedrickSmith's new book is: The U.S. Chamber of

Commerce and Wal-Mart. But the longer answeris one heck of a story, told by one of the greatjournalists of our time. In his sweeping,authoritative examination of the last four decadesof the American economic experience, Smithdescribes the long, relentless decline of the.

Mortgage Overhaul Begins With Borrower Scrutiny Measure

The publication of a rule requiring mortgage lenders to confirm a borrowers ability to repay is the start of an effort byU.S. regulators to reshape the market blamed for sparking the 2008 financial crisis. The Consumer FinancialProtection Bureau is set to follow yesterdays rule on mortgage underwriting with a second mortgage-related rule,this one on servicing, at a hearing in Atlanta on Jan. 17. The rule is a key first step of housing finance reform by.
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TUESDAY, JANUARY 15, 2013ACADEMIA ADVERSARIES ADVOCATES BLOGOSPHERE LEGAL LEGISLATE OP-ED HOMEOWNERS NEWS


Foreclosure Review Insiders Portray Massive Failure, Doomed From The Start

Last January, dozens of independent contractors showed up for their first day of work at a large, single-story Bankof America building in Tampa to right the wrongs of a foreclosure crisis that many had witnessed firsthand. Or sothey thought. They were lawyers, paralegals and other mortgage industry veterans. Along with thousands of othercontractors working at banks and auditing firms like Deloitte and PriceWaterhouseCoopers, the Tampa crew wasto comb through the mortgages of people whose homes were in foreclosure at the height of that.

Woman battles bank giants over faultyforeclosure

Caylin Crawford found herself out of work after asnowboarding accident and went to U.S. Bankfor some help with her mortgage. The 24-year-old homeowner said she was up-to-date on her

monthly payments in January 2011 when shecalled to ask about loan-modification options.They said, We cant do anything to help youunless you are behind on your mortgage, sherecalled. So stop paying, and then we canmodify your loan. Crawford said she took thebanks advice. But the bank didnt modify her.

Moynihan: $8.5B foreclosure settlement addsup to 'a bad hour for BofA

Bank of America (NYSE: BAC) CEO BrianMoynihan reportedly called the $8.5 billionsettlement agreement with several large mortgageservicers the equivalent of a bad hour for the

bank, which has over $400 billion in assets.According to The Street, Moynihan made thecomment in testimony given as part of theCharlotte-based banks ongoing legal battle withinsurer MBIA over liability for bad loansunderwritten by Countrywide. MBIA insured bondsbacked by Countrywide mortgages.

Cruel Joke: Feds oversee review offoreclosures

Federal banking officials are overseeing the freereviews on primary residences that were in the

foreclosure process from 2009 through 2010. Sofar, 474,000 cases nationwide are pendingreview. The deadline for filing a request is Dec.31. Last year, the Office of the Comptroller of theCurrency and other agencies ordered 14mortgage servicers to address problems withtheir foreclosure practices.

State Attorney General files suit against twoforeclosure scammers

What we are really talking about is twohomeowners who lost the opportunity to get

legitimate help, Zoeller said. Both of thesepeople were robbed of the opportunity to getlegitimate help with their mortgage. Zoeller saidBlue Chip Group Inc. of Nevada and CertifiedLegal Processing and Legal Preparation Servicesof California violated the states ConsumerProtection Act by taking money up front from.

Foreclosure Defense in Miami-Dade

I had a trial scheduled in Miami, and when Iarrived in court, it was apparent that dozens ofother trials had all been set for the same time,before the same judge. While its never ideal to

have to sit around and wait for your case to becalled, it gave me the chance to watch othercases. Wow, what a nightmare. As each trialstarted, the judge made an unsolicited offer todefense counsel of a 120-day sale date.

Senators Introduce Legislation to Prevent FHABailout

In response, Sen. Pat Toomey (R-Pennsylvania)has introduced an amendment to reduce the riskof what would be FHAs first-ever taxpayer bailout.

The amendmentS. 3678, A bill to help ensurethe fiscal solvency of the FHA mortgage insuranceprograms of the Secretary of Housing and UrbanDevelopment, and for other purposes isidentical to the.

Volunteer To Help Chicago Familes Stay In Their Homes

An opportunity to Reach Out to people on the South, West and North Sides about the Anti-Eviction and Anti-Foreclosures campaigns in action to stop banks from turning homes/property into assets and reverse the cycle bytransforming them into community resources and family homes!
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WEDNESDAY, JANUARY 16, 2013ACADEMIA ADVERSARIES ADVOCATES BLOGOSPHERE LEGAL LEGISLATE OP-ED HOMEOWNERS NEWS


Investigation: 5 Banks Accused of Fraudulent Foreclosures in MA

Five of the nations largest banks are now violating an agreement with the federal government in Massachusetts,according to an investigation of local foreclosure affidavits conducted by GoLocalWorcester. The investigationinvolved nearly 200 affidavits from Ally, Bank of America, Citi, Chase, and Wells Fargo filed with the Registry ofDeeds in Worcester and Essex Counties and found that these documents had been expedited and signed withoutrequired knowledge of the signer, which is in violation of federal standards banks agreed to uphold with thefederal government.

Borrower Has Standing To ChallengeForeclosure Pooling And ServicingAgreement

A Michigan state court found that a debtor mayoppose foreclosure on the basis that theassignment of the mortgage to the foreclosingparty was in violation of the Pooling and ServiceAgreement and, therefore, ineffective. HSBCBank, USA v. Young, No. 11-693 (Cir. Ct. Mich.Oct. 16, 2012). HSBC conducted a foreclosureby advertisement and bought the property at.

Madigan: Deadline For Foreclosure SettlementClaims Jan. 18

Attorney General Lisa Madigan today remindedeligible Illinois borrowers that the deadline to file aclaim form to receive a payment under theNational Mortgage Foreclosure Settlement isFriday, January 18. Approximately 64,000 Illinoisborrowers who lost their home to foreclosurebetween January 1, 2008 and December 31, 2011may be eligible to receive a payment under thenational settlement but only if they file a claim.

Wells Fargo Releases Commentary on Stateof Housing

The housing market has managed to be one ofthe few areas in the economy that is essentiallyunshaken by fiscal cliff uncertainties, according

to a commentary from the Wells Fargo SecuritiesEconomics Group. Based on recent moves fromthe Federal Reserve, the commentary furthernoted the Fed appears to be banking on ahousing recovery.

Man admits scheme to abduct Granite Citylawyer

A man trying to avoid foreclosure on his homeacknowledged in federal court Tuesday in East St.Louis that he hatched a plan to abduct and hold a

lawyer, living in Granite City, for ransom. But thedefendant, Brett L. Nash, 46, refused to admitwhat prosecutors claimed earlier this year thathe had considered various murder plots, includinga hot-tub electrocution that he would blame on.

Foreclosure attorney violated rules by havingothers sign his name, court finds

A Hunt Valley attorney who admitted to havinghis employees sign his name to foreclosuredocuments was found by a BaltimoreCounty judge to have violated three ofMaryland's rules of professional conduct forlawyers, according to court records. Thomas P.Dore engaged in behavior that was "prejudicial tothe administration of justice" by "routinely andrepeatedly" filing "with the courts affidavits."

U.S. Must Rethink Housing Ambitions, BofAsMoynihan Says

Brian T. Moynihan, Bank of AmericaCorp.s chiefexecutive officer, said the U.S. government,lenders and borrowers need to reset theirexpectation that everyone can own a home. Weneed to look hard at some of the old assumptionsand ask the question is homeownership the rightsolution for everyone? Moynihan said todayduring a speech at the Brookings Institution inWashington.

Brockton, Massachusetts, Considers Eminent Domain To Address Foreclosures

In a move thats pitting grassroots housing activists against Wall Street interests, the City Council of Brockton,Mass., decided this week to commission a study into the feasibility of using eminent domain powers to seize themortgages of local residents struggling to pay off their loans. The plan being studied would essentially usemunicipal governments prerogative of eminent domain to take possession of foreclosed residential mortgagenotes, selling them back to residents, as the City Council resolution put it, for the purpose of removing.
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osuregate.prosepoint.com/story/brockton-massachusetts-considers-eminent-domain-address-foreclosureshttp://foreclosuregate.prosepoint.com/story/brockton-massachusetts-considers-eminent-domain-address-foreclosureshttp://foreclosuregate.prosepoint.com/story/brockton-massachusetts-considers-eminent-domain-address-foreclosureshttp://foreclosuregate.prosepoint.com/story/brockton-massachusetts-considers-eminent-domain-address-foreclosureshttp://foreclosuregate.prosepoint.com/story/brockton-massachusetts-considers-eminent-domain-address-foreclosureshttp://foreclosuregate.prosepoint.com/story/brockton-massachusetts-considers-eminent-domain-address-foreclosureshttp://foreclosuregate.prosepoint.com/story/brockton-massachusetts-considers-eminent-domain-address-foreclosureshttp://foreclosuregate.prosepoint.com/story/us-must-rethink-housing-ambitions-bofa%E2%80%99s-moynihan-sayshttp://foreclosuregate.prosepoint.com/story/us-must-rethink-housing-ambitions-bofa%E2%80%99s-moynihan-sayshttp://foreclosuregate.prosepoint.com/story/us-must-rethink-housing-ambitions-bofa%E2%80%99s-moynihan-sayshttp://foreclosuregate.prosepoint.com/story/us-must-rethink-housing-ambitions-bofa%E2%80%99s-moynihan-sayshttp://foreclosuregate.prosepoint.com/story/us-must-rethink-housing-ambitions-bofa%E2%80%99s-moynihan-sayshttp://foreclosuregate.prosepoint.com/story/us-must-rethink-housing-ambitions-bofa%E2%80%99s-moynihan-sayshttp://foreclosuregate.prosepoint.com/story/us-must-rethink-housing-ambitions-bofa%E2%80%99s-moynihan-sayshttp://foreclosuregate.prosepoint.com/story/us-must-rethink-housing-ambitions-bofa%E2%80%99s-moynihan-sayshttp://foreclosuregate.prosepoint.com/story/us-must-rethink-housing-ambitions-bofa%E2%80%99s-moynihan-sayshttp://foreclosuregate.prosepoint.com/story/us-must-rethink-housing-ambitions-bofa%E2%80%99s-moynihan-sayshttp://foreclosuregate.prosepoint.com/story/us-must-rethink-housing-ambitions-bofa%E2%80%99s-moynihan-sayshttp://foreclosuregate.prosepoint.com/story/us-must-rethink-housing-ambitions-bofa%E2%80%99s-moynihan-sayshttp://foreclosuregate.prosepoint.com/story/foreclosure-attorney-violated-rules-having-others-sign-his-name-court-findshttp://foreclosuregate.prosepoint.com/story/foreclosure-attorney-violated-rules-having-others-sign-his-name-court-findshttp://foreclosuregate.prosepoint.com/story/foreclosure-attorney-violated-rules-having-others-sign-his-name-court-findshttp://foreclosuregate.prosepoint.com/story/foreclosure-attorney-violated-rules-having-others-sign-his-name-court-findshttp://foreclosuregate.prosepoint.com/story/foreclosure-attorney-violated-rules-having-others-sign-his-name-court-findshttp://foreclosuregate.prosepoint.com/story/foreclosure-attorney-violated-rules-having-others-sign-his-name-court-findshttp://foreclosuregate.prosepoint.com/story/foreclosure-attorney-violated-rules-having-others-sign-his-name-court-findshttp://foreclosuregate.prosepoint.com/story/foreclosure-attorney-violated-rules-having-others-sign-his-name-court-findshttp://foreclosuregate.prosepoint.com/story/foreclosure-attorney-violated-rules-having-others-sign-his-name-court-findshttp://foreclosuregate.prosepoint.com/story/foreclosure-attorney-violated-rules-having-others-sign-his-name-court-findshttp://foreclosuregate.prosepoint.com/story/foreclosure-attorney-violated-rules-having-others-sign-his-name-court-findshttp://foreclosuregate.prosepoint.com/story/foreclosure-attorney-violated-rules-having-others-sign-his-name-court-findshttp://foreclosuregate.prosepoint.com/story/man-admits-scheme-abduct-granite-city-lawyerhttp://foreclosuregate.prosepoint.com/story/man-admits-scheme-abduct-granite-city-lawyerhttp://foreclosuregate.prosepoint.com/story/man-admits-scheme-abduct-granite-city-lawyerhttp://foreclosuregate.prosepoint.com/story/man-admits-scheme-abduct-granite-city-lawyerhttp://foreclosuregate.prosepoint.com/story/man-admits-scheme-abduct-granite-city-lawyerhttp://foreclosuregate.prosepoint.com/story/man-admits-scheme-abduct-granite-city-lawyerhttp://foreclosuregate.prosepoint.com/story/man-admits-scheme-abduct-granite-city-lawyerhttp://foreclosuregate.prosepoint.com/story/man-admits-scheme-abduct-granite-city-lawyerhttp://foreclosuregate.prosepoint.com/story/man-admits-scheme-abduct-granite-city-lawyerhttp://foreclosuregate.prosepoint.com/story/man-admits-scheme-abduct-granite-city-lawyerhttp://foreclosuregate.prosepoint.com/story/man-admits-scheme-abduct-granite-city-lawyerhttp://foreclosuregate.prosepoint.com/story/wells-fargo-releases-commentary-state-housinghttp://foreclosuregate.prosepoint.com/story/wells-fargo-releases-commentary-state-housinghttp://foreclosuregate.prosepoint.com/story/wells-fargo-releases-commentary-state-housinghttp://foreclosuregate.prosepoint.com/story/wells-fargo-releases-commentary-state-housinghttp://foreclosuregate.prosepoint.com/story/wells-fargo-releases-commentary-state-housinghttp://foreclosuregate.prosepoint.com/story/wells-fargo-releases-commentary-state-housinghttp://foreclosuregate.pros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Page 4 of 5

THURSDAY, JANUARY 17, 2013ACADEMIA ADVERSARIES ADVOCATES BLOGOSPHERE LEGAL LEGISLATE OP-ED HOMEOWNERS NEWS


More Whistleblower Leaks on Foreclosure Settlement Show Both Suppression of Evidence and Gross

Incompetence

No wonder the Fed and the OCC snubbed a request by Darryl Issa and Elijah Cummings to review the foreclosurefraud settlement before it was finalized early last week. What had leaked out while the Potemkin borrower reviewswere underway showed them to be a sham, as we detailed at length in an earlier post. But even so, what actuallytook place was even worse than hardened cynics had imagined. We are going to be reporting on this story in detail,since we are conducting an in-depth investigation. But this initial report by Huffington Post gives a window on a gooddeal of the dubious practices that took place during the foreclosure reviews.

Massachusetts SJC ruling could furthercomplicate foreclosure disputes

The states top court on Monday ruled in favor ofa Canton woman fighting her foreclosure in a

decision that puts more pressure on lenders toclean up seizure procedures, but alsocomplicates efforts for borrowers to seek courtrelief from property take-backs. The decisionadds to several rulings made by the SupremeJudicial Court over the last several years thatrequire foreclosing lenders to have proper.

Keep Your Home California adds mortgageservicers

Mortgage assistance program Keep Your HomeCalifornia now has more than 100 mortgage

servicers participating in the program, offeringways for distressed homeowners to stay in theirhomes. By adding more servicers, the federallyfunded program can help more homeowners inthe state struggling to pay their mortgagesbecause of financial hardships, according to anews release from Keep Your Home California.

Foreclosure funds slow to get tohomeowners

A $7.6 billion federal program to help preventforeclosures is still struggling to get money out to

homeowners more than two years after themoney went to states. Through November, $900million had gone to homeowners, and another$620 million had been committed to them in the18 states and Washington, D.C., involved in theHardest Hit program, the Treasury Departmentsays.

Report Looks at Impact of Foreclosure Crisis,Recommends Future Policies

This is the second part of an article summarizingthe chapter on Mortgages from a Center for

Responsible Lending (CRL) research papertitled The State of Lending in America and itsImpact on U.S. Households. Part one reviewedthe role of the government in housing finance andlooked at major players in that market. Theauthors estimate that 12 million homes went intoforeclosure between January 2007 and June.

Realtors working to develop foot traffic index

In an effort to get the earliest reading possible onthe housing market, economists at the NationalAssn. of Realtors are developing a national indexthat measures foot traffic, or visits to houses for

sale. NAR already has an index for pendinghome sales, which measures signed contracts. Itis a forward-looking indicator that is roughly 30 to60 days ahead of another key market.

Occupy Fights Foreclosure Moves FamilyBack Into Home for the Holidays

On December 14, 2012 Bank of Americabreached their promise to our country that therewould be no evictions during the holidays and

evicted Soledad Corona, a single mother with ateenager, at gun point. In response, Occupyactivists will help the mother to take back herhouse because Bank of America has failed to.

Glazer Vs. Chase Home Finance

Page 8: Next, Glazer challenges the dismissal of his FDCPA claims against RACJ arising out of its conduct inrelation to the attempted foreclosure on the Klie property. The district court ruled that these claims failed becauseRACJs activities in bringing a mortgage foreclosure action were not debt collection. The question is whethermortgage foreclosure is debt collection under the Act. We hold that it is and therefore reverse.
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FRIDAY, JANUARY 18, 2013ACADEMIA ADVERSARIES ADVOCATES BLOGOSPHERE LEGAL LEGISLATE OP-ED HOMEOWNERS NEWS


The Foreclosure Fiasco

Its been five days since Jessica Silver-Greenbergs article on the latest bank settlement was posted on The NewYork Timess Web site. Im still shaking my head. Her story behind the story of the $8.5 billion settlement betweenfederal bank regulators and 10 banks over their foreclosure misdeeds illustrates just about everything that is wrongwith the way the government has handled the Great Foreclosure Crisis.

$8.5B settlement with loan servicers opens abig can of worms

"The Independent Foreclosure Review," says theFAQ, "provided homeowners the opportunity torequest an independent review of theirforeclosure process between November 2011and December 2012." Actually, the programprovided no such thing. To have an

"independent" inter

weekend edition - january 14, to january 18, 2013 - foreclosuregate gazette

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