Showing posts with label foreclosure fraud. Show all posts
Showing posts with label foreclosure fraud. Show all posts

Thursday, February 24, 2011

Brookstone Law Aids Foreclosure Victims as Moratorium Ends

CALIFORNIA: Brookstone Law, PC, Files Landmark Mass Joinder Lawsuit Against Bank of America and Countrywide

Brookstone Law, PC, Files Landmark Mass Joinder Lawsuit Against Bank of America and Countrywide

If you are currently unrepresented, consider joining this suit.  Strength in numbers.  You will still be able to pursue independent claims outside of this case typically.

Judges accused of 'predetermining' foreclosure cases - News - ReviewJournal.com

Investors sue BofA, seek Countrywide loan buyback | Reuters

Government settlement with financial industry over foreclosure practices draws near

Wednesday, February 23, 2011

MERS Can Foreclose in California, State Appeals Court Rules - Bloomberg

MERS Can Foreclose in California, State Appeals Court Rules - Bloomberg

Very disappointing news. This court should know better given the precedents we have seen in Massachusetts and Florida. Shame on my government; shame on my state. Remain vigilant -- and fight on the grounds of fraud and breach of contract.

Bankruptcy Filing Basics: What the Federal Government Wants You to Know | Law Offices of David C. Winton +

Sample Complaint for Quiet Title - filed in Central Coast District Court

Recent (but underreported) news in business and finance revealed that MERS, the fraudulent mortgage reporting system used in over 50% of mortgages that are considered troubled, is quickly becoming deemed by various national courts as a fraud in that MERS, helmed by its banks, illegally circumvented and perhaps forged proper title practices in the transfer of titles for millions of mortgages.  This is part of the "robosigning" fraud recently discussed in national news, yet underanalyzed for the edification of homeowners.

Go to http://livinglies.wordpress.com for more astute analysis of this issue from Neil Garfield, one of the first purveyors of mortgage literacy for laypeople.

One, early important step to hold your bank accountable is pursue Quiet Title Action in order to demonstrate whether your title is "free and clear" or not.  Given what we now know about MERS and like entities, your title is probably NOT clear.

For Alameda County, you can quickly and FREELY check who is associated with your deed or deed of trust here at the AC Gov's Public Records Search.  Just type in your last name and first name and hit return.  Look for those dates associated with when you first bought your home.  Once you find the document, check to see if you are the only entity listed.  If you are a Countrywide now Bank of America mortgage holder, you are almost certainly a victim of the MERS fraud.  Even if you do not see MERS or Mortgage Electronic Registration Systems named there, but you are a former Countrywide (now bankrupt) now BofA or Citibank or JPMorgan or WellsFargo noteholder, you are likely still a victim.

Get your records here:

http://rechart1.acgov.org/search.asp?cabinet=opr

For other counties and states, simply google search your county's public records website.  These records should be FREE.  Do not pay for an attorney to do this for you.

Quiet Title Action Complaint - sample (more to come)

This is a scribd.com file.  Scribd is not my favorite public use document loader.  Google docs is much friendlier.  But this is offered here as a sample.

http://www.scribd.com/doc/30047668/California-Quiet-Title-Complaint-by-Charles-Lincoln-20100128

Tuesday, February 22, 2011

Tenants Together : Foreclosure Related Laws

Very useful listings for laws related to renters living in foreclosed or soon to be foreclosed homes. Very useful for real estate investors and renters.

Tenants Together : Foreclosure Related Laws

Thursday, February 17, 2011

Read this to find out about why banks make more money foreclosing than keeping you in your home

http://www.bloomberg.com/news/2011-01-27/regulators-in-u-s-zero-in-on-mortgage-servicers-to-fix-foreclosure-crisis.html

Key area to read from the article


Foreclosure Incentives

Servicers have an incentive to push for foreclosure, which can generate additional fees, and they also can charge borrowers when they are late making payments, giving them a reason to delay loan modifications. Accounting rules allow banks that foreclose to hold off writing down any loss until the home is sold. They must take the loss immediately when allowing a sale by the owner for less than value of the mortgage.
While the flat-rate fee system worked when the market was rising, it failed during the meltdown, Federal Housing Administration Commissioner David Stevens said in an interview. One alternative would be to impose fees that vary with the cost of servicing a loan, he said.
“Servicers’ lack of reserving appropriately and not creating infrastructure to manage nonperforming markets like the kind we’re in is inexcusable,” Stevens said. “You cannot overstate the concern” among regulators that the industry doesn’t have enough capital, he said.
The FHA can impose triple damages on servicers that violate its rules on handling foreclosures.