weekend edition - february 11, to february 15, 2013 - foreclosuregate gazette

7/29/2019 Weekend Edition - February 11, to February 15, 2013 - ForeclosureGate Gazette

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WEEKEND EDITION, FEBRUARY 11 FEBRUARY 15, 2013

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MONDAY, FEBRUARY 11, 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

Today I Was Told by BOA My Home is Going into Foreclosure

After three years of fi ll ing o ut loan modif ication paperwork and send ing i t in, I was informed via a phonecall today from Bank of America that my loan modification was declined on 2/1/13 as I didn't submit allthe documents. Bank of America continues to state this as a reason for declining my loan modifications, but Igive them everything they ask for and then have my HUD counselor review it for completeness. Anyone whoknows me knows how organized and detail-oriented I am. I have a Ph.D. from Columbia University and thatrequired an incredible attention to detail.

Fresh Questions Over a Bank of AmericaSettlement

An analysis of real estate records across thecountry, the filing said, showed that Bank ofAmerica had modified more than 134,000 loansin such securities with a total principal balance of

$32 billion. Even as the banks loanmodifications imposed heavy losses on investorsin these securities, the documents show, Bankof America did not reduce the principal onsecond mortgages it owned on the same

propert ies . The owner of a home equity line ofcredit is typically required to take a loss beforethe holder of a first mortgage.

Florida Bar pursues discipline againstforeclosure-mill boss David J. Stern

The Florida Bar is seeking disciplinary actionagainst Florida foreclosure baron David J . Stern,whose massive law firm collapsed in 2011 amidallegations that it mishandled the cases of the

nations largest mortgage holders by filing forgedand fraudulent court documents. Grievancecommittees found probable cause to pursuepunishment in 17 cases stemming from formalcomplaints made by homeowners, defenseattorneys, judges and a bank representative.

Disabled Hermosa Beach veteran dies incourt fighting foreclosure

Larry Delassus, a 62-year-old disabled veteran,

died in court last month while continuing a three-year battle against Wells Fargo for foreclosing onhis Hermosa Beach home a battle he had tofight even though court records show he paid hismortgage two months ahead of schedule andalso paid his property taxes in advance. Hesuffered heart failure Dec. 19 while his attorneyargued against a tentative ruling issued by aTorrance Courthouse judge siding with WellsFargo.

The CFPB's Abili ty to Repay Mortgage Rule

The Dodd-Frank Act requires that mortgages beunderwritten based on the borrower's ability to

repay. Failure to do so is an absolute defenseagainst foreclosure. There is an execptionallowed, however, for Qualified Mortgages. TheCFPB rulemaking defined the term QualifiedMorgage. Oversimplifying (but only slightly), a QMis defined as a mortgage that has regularpayments that are substantially equal exceptingARMs and step-rate mortgages , and that arealways positively amortizing, have terms no longerthan 30 years.

Zombie Title Exposes The Real Deal inForeclosures

This is not a new problem. For along time inFlorida, the banks would delay the foreclosuresale until they thought they could sell theproperty fairly quickly. When I was representingseveral hundred associations we had differenttactics we used to get the monthly maintenanceand special assessments from the bank but.

Un-Freezing Foreclosures in the NevadaDesert

It was often referred to as Nevadas robo-signinglaw, because among other things, the law made ita felony for loan servicers to sign documentswithout personal knowledge of who owns thenote, and it further required lenders to provide anaffidavit showing they have the authority toforeclose.

Maxine Waters Urges Congress To Investigate Foreclosure Settlement

The top Democrat on the House Financial Services Committee called Tuesday for Congress to "immediately"hold a hearing to investigate a controversial $8.5 billion foreclosure abuse settlement reached this year. Rep.Maxine Waters (D-Calif.) said in a letter to Rep. J eb Hensarling (R-Texas), the chairman of the committee, thatshe wanted bank regulators to explain what went wrong during a case-by-case review of foreclosed homes that

ended "abruptly" earlier this year, why a cash settlement with the mortgage industry was reached instead, andwhat the deal means for struggling homeowners.
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TUESDAY, FEBRUARY 12, 2013ACADEMIA ADVERSARIES ADVOCATES BLOGOSPHERE LEGAL LEGISLATE OP-ED HOMEOWNERS NEWS


Bank of America Foreclosure Reviews: How Promontory Became a Shadow Regulator (Part VA)

Promontory has been an influential player virtually from its inception. Its founder and CEO, Gene Ludwig, wasthe Comptroller of the Currency under Bill Clinton and recognized the potential of the then-sleepy agency to endrun other regulators.* After a stint as vice chairman of Bankers Trust, Ludwig established Promonotory andbegan hiring former regulators, along with attorneys with financial industry experience and former bank officers.. Its roster includes former SEC chairman Arthur Levitt, former Nixon and Ford administration official andNASD chief Frank Zarb, and Fed vice chairman Alan Blinder as advisors. Uber lobbyist Ken Duberstein is alsoon the advisory board. Fed governor Sarah Bloom Raskin is a former Promontory managing director. Theircurrent staff is virtually an alumni association of the people who ran TARP.

Corporations Could Face More Cases ofCriminal Liability

Ms. White explained in a speech in 2005 as partof a securities law program just how broad the

principle of corporate criminal liability is underthe New York Central case: If a singleemployee, however low down in the corporatehierarchy, commits a crime in the course of his orher employment, even in part to benefit thecorporation, the corporate employer iscriminally

Lawmakers Ask for More Details onAbandoned Foreclosure Review

Sen. Elizabeth Warren (D-Massachusetts) andRep. Elijah Cummings (D-Maryland) sent a joint

letter dated J anuary 31 to the OCC and the Fedrequesting specific information, including theresults of all performance reviews and reportsfrom servicers and independent contractors hiredto review borrower files. The letter also requesteddocuments completed by the Fed or the OCC.

Financial Dermatologists

The Yellow Pages that arrived at my dooryesterday. This strange book is an object ofgreat fascination to a generation that has grown

up watching YouTube and relying on Wikipediainstead of World Book and Brittanica. It waspure Kismet, but when I opened the volume, itwas to Lawyers-Bankruptcy. It turned out to bean enlightening experience. The Yellow Pages isperhaps the only place one can findconcentrated advertising by bankruptcy.

Use of portions of bank fo reclosure settlementquestioned

In February, the state got $30.2 million as part of amulti-billion-dollar national settlement with five

major banks accused of defrauding homeownersby signing off on foreclosure documents withoutverifying the information they contained.Republican Gov. Scott Walker decided to use thebulk of the money $24.3 million to pump upthe states general fund. The rest, Walkerassured, would be used to mitigate the damage

Homeowners and sellers escape 'fiscal cliff'with key benefits

Although it wasn't a total win for homeownersand sellers, the patchwork legislation thatemerged from the "fiscal cliff" fracas on Capitol

Hill came pretty close. In fact, it even reachedback and resuscitated two key tax benefits forhousing that had expired more than a year ago.Now homeowners will be able to take deductionson their 2012 tax returns that they assumed wereno longer available.

In Prince Georges, hundreds of vacant housesdrag down neighborhoods

The two-story brick house in Clinton had beenvacant for two years when the vandalism began.First, a door was busted. Then a window was

shattered. Then the air conditioning unit wasstolen. Neighbors tried for months to get theforeclosed house on Student Drive boarded up.Finally, about 6 p.m. New Years Day, LeroyButton looked out his window and saw the five-year-old house across the street.

'Bailout': Neil Barofsky's Adventures in Groupthink City

There is an interesting moment when Barofsky and his deputy Kevin Puvalowski realize that, over a year into thebailout, Treasury official Herb Allison, a close confidant of Geithner, has made a subtle change to the languagedescribing the aims of the ill-fated HAMP mortgage modification program. Allison ends up claiming that the goal ofthe program was only to make 3 to 4 million offers of trial modifications, as opposed to actually helping 3 to 4 million

people stay in their homes, which is what the president and the Treasury originally announced.
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WEDNESDAY, FEBRUARY 13, 2013ACADEMIA ADVERSARIES ADVOCATES BLOGOSPHERE LEGAL LEGISLATE OP-ED HOMEOWNERS NEWS


Former DocX / Robo-Signer President [Parent Company LPS] Pleads Guilt y to RACKETEERING

Lorraine Brown, 51, Alpharetta, Georgia, former president of mortgage document processor DocX, pleadedguilty to racketeering for her alleged role in authorizing the fraudulent signing of mortgage documents filed inMichigan. Brown pleaded guilty to one count of Conducting Criminal Enterprises (Racketeering), a 20-yearfelony, before Kent County Circuit Court J udge Mark Trusock. She will return for sentencing on May 2, 2013,1:30 PM. The guilty plea follows an investigation into questionable mortgage documentation filed withMichigan's Register of Deeds offices during the foreclosure crisis In April 2011, an investigation waslaunched after county officials across the state reported that they suspected Assignment of Mortgagedocuments filed in their offices may have been forged. A "60 Minutes" news broadcast had shown that thename "Linda Green" was signed to thousands of mortgage-related.

How Pino Impacts My Foreclosure DefensePractice

Forgive me if I didnt come rushing to thecomputer to write a blog after the FloridaSupreme Court issued its decision in Pino v.Bank of New York Mellon last week. Yes, thatdecision garnered national attention, but it was ayawner for me. The outcome was completelyand totally, 100% predictable. I hate to sound.

Florida Supreme Court: Roman Pino vs. Bankof New York

Lawyers and Homeowners like to curse out thejudicial system every time they get a decision theydont like. The Pino case is one of them.HOMEOWNERS LOSE is the headline acrossthe board in all media. Homeowners did not lose.Civil procedure won, and the homeowners were,once again, on the wrong side of it, although.

Why the Housing Recovery is NearlyHomeowner-Less

The financial crisis of 2008 was terrible forhomeowners saddled with heavy mortgage

payments, especially the millions of low-income,first-time buyers who were tempted to buy in withdeceptive loans during the height of the housingbubble. About 4 million foreclosures have beencompleted since the financial crisis of 2008,according to CoreLogic, a data provider to thereal estate industry.

California Broker Explains Short Sale LeaseBack Program

Short sales are quickly becoming a popularalternative to foreclosure,

even outpacing REO sales in certain states,according to data from RealtyTrac. While shortsales have become a more common homeforfeiture solution, an individual in California hasbeen working on a program to turn short sales intoa solution for homeowners who want to remain intheir home, but as renters instead of owners.

Judicial foreclosures jump in December

Court-supervised foreclosures -- the alternativeto the out-of-court system lenders have favoredfor decades -- jumped in December, a reseller offoreclosed homes reported. Lenders filed 681

judicial foreclosures in 24 Oregon countieswhere Gorilla Capital operates. The Eugenecompany buys, redevelops and sells foreclosedhomes. November saw 446 judicial foreclosures,a decline from 522 in October.

End of Foreclosure Review Leads to 839Layoffs at JPMorgan

The $8.5 billion foreclosure settlement on J anuary7 led to the conclusion of the IndependentForeclosure Review, and it also led to the layoff of

more than 800 contract workers at J PMorganChase, according to a report from the Wall StreetJournal. The Journalfirst reported 839 temporaryworkers were laid off, including 529 in Brooklynand 310 in Florence, South Carolina.

Significant Enforcement Mechanisms To Deter Careless Foreclosure Practices In California

With foreclosures in the United States rising to over 3.9 million since 2008, the residential mortgage industry hascome under public scrutiny.1 New legislative and regulatory enactments have followed, and mortgage servicingpractices are undergoing significant changes. Under the National Mortgage Settlement (NMS) negotiated by acoalition of state attorneys general and federal agencies, five major mortgage servicers agreed to abide by newservicing standards of conduct and allocate significant financial resources to loan modifications.
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THURSDAY, FEBRUARY 14, 2013ACADEMIA ADVERSARIES ADVOCATES BLOGOSPHERE LEGAL LEGISLATE OP-ED HOMEOWNERS NEWS


Bank of America Foreclosure Reviews: Why the OCC Overlooked Independent ReviewerPromontorys Keystone Cops Act (Part VB)

David Einhorn has a saying about the companies that he has shorted: No matter how bad you think it is, itsworse. Promontorys and the OCCs performance on the foreclosure reviews epitomize this dictum. As muchas the foreclosure reviews were widely expected to be a charade, given the conflicted roles of supposedlyindependent review firms like Promontory, there was no reason to expect the reviews to also be an ineptlymanaged, costly fiasco. Promontorys inability to man and adequately oversee the project also meant what littleuseful work was accomplished was done overwhelmingly by contractors and temps.

Truth Coming Home to Roost: JPM Knew theLoans Were Bad

Its been a long pull to get the real informationabout the misbehavior of the mega banks andtheir officers. But Schneiderman, Attorney

general of the State of New York, is drilling downto where this really needs to go. And others, tiredof receiving hollow assurances from the megabanks are suing with specific knowledge andproof that is largely unavailable to borrowers agood reason to watch these suits carefully.

S.& P. E-Mails on Mor tgage Crisis Show Alarmand Gallows Humor

The executive at Standard & Poors was clear:This market is a wildly spinning top which is goingto end badly. That sober assessment of certain

mortgage-related investments, delivered tocolleagues in a confidential memo in December2006, is now part of a trove of internal e-mails anddocuments that have come to light in a federal suitagainst S.& P., the nations largest credit ratingsagency.

Foreclosure settlement will help localhomeowners [???]

This agreement is not nearly what it should be,Sen. Sherrod Brown said yesterday whileproviding details about the settlement at

Homeport, a Columbus nonprofit group thathelps struggling homeowners and counselspotential homebuyers. This settlement is a step not a big step, not a strong step in the rightdirection, the Ohio Democrat said. Theagreement is meant to compensate people.

Citing Federal Protection, Army Dentist FightsForeclosure

For two years, U.S. Army reservist DianaZschaschel has been fighting foreclosure againstthe West Los Angeles condo she shared with her

husband, citing the Servicemembers Civil ReliefAct, which protects active military personnel fromfinancial hardship while on duty. Zschaschel andhusband Paul Garcia have filed a lawsuit againstBank of America, which claims was exempt fromabiding by the Servicemembers Civil Relief.

Jill and Scott Kelley mount aggressiveforeclosure defense

J ill and Scott Kelley's foreclosure defense readslike a breezy history of the nation's housing woesmore than a staid legal filing. "The real estatebubble formed because lenders grossly deviated

from historically sound lending standards. Thelenders with their teams of financial analystsabsolutely knew that they were creating andcontinuing to lend into a bubble." The Tampacouple at the epicenter of a scandal that cost CIAdirector David Petraeus his job are waging an.

Goldman Sachs and Morgan Stanley havereached agreements in principle with theFederal Reserve Board

Goldman Sachs and Morgan Stanley havereached agreements in principle with the FederalReserve Board to pay $557 million in cash

payments and other assistance to help mortgageborrowers. These agreements are similar to thoseannounced on J anuary 7, 2013, between 10mortgage servicing companies and the Office ofthe Comptroller of the Currency (OCC) and theFederal Reserve Board.

Homeowners los e in landmark foreclosure decision, attorneys say

A Florida Supreme Court ruling involving a Greenacres foreclosure allows banks to get away with fraud, as longas they voluntarily dismiss the case, attorneys said today. The case, Roman Pino v. the Bank of New York, wasthe first significant foreclosure complaint heard by the high court since the states legendary housing collapse. Atissue was whether a bank can escape punishment for filing flawed or fraudulent documents in a case by

voluntarily dismissing it. A voluntary dismissal allows the bank to refile at a later date. Royal Palm Beach-basedforeclosure defense attorney Tom Ice, who represented Pino, had challenged a document created by the.
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