WEEKEND EDITION, SEPTEMBER 2 – SEPTEMBER 6, 2013

MONDAY, SEPTEMBER 2, 2013
ACADEMIA ADVERSARIES ADVOCATES BLOGOSPHERE LEGAL LEGISLATE OP-ED HOMEOWNERS NEWS The ForeclosureGate Gazette Is A Public Service Aggregate Of Foreclosure-Related News And Information Intended To Educate And Advance Justice For American Homeowners

Criminal Charges Unlikely in Case of Wrong Repossession Mistake A major mistake caused a woman to come home to an empty house. She returned home to find a repossession company removing the last few pieces of furniture from her home. As it turns out, the company had the wrong address. Now there are questions about whether there will be consequences and who will pay them. The homeowner, Nikki Bailey, lives in Logan. According to her attorney, the repossession company, CTM Industries in Rivesville, was told to remove everything from the house on Godby Heights in Logan….

The Great Eviction: Black America and the Toll of the Foreclosure Crisis Most of the occupied homes in the neighborhood we're visiting display small signs: "Don't shoot," they read in lettering superimposed on a child's face, "I want to grow up."…

LinkZ: More News, Worth A Peek HAMP architect leaves Treasury for CFPB>>>> Lies of the Banks Coming Back to Haunt Them>>>>

An Unstoppable Climb in C.E.O. Pay According to an updated analysis, the top 200 chief executives at public companies with at least $1 billion in revenue actually got a big raise last year, over all. So much for the idea that shareholders were finally getting through to corporate boards on the topic of reining in pay….

Ohio Sets Back Steamrolling: First Things First In a decision that is interesting from many points of view an Ohio appellate court ruled that you can’t fix jurisdiction by assigning the loan and recording the documents after the foreclosure suit is filed….

The Banks Show No Mercy: 10 Foreclosure Horror Stories That Will Blow Your Mind During the last housing crash, the big banks begged the federal government for help and they received it, but when average Americans ask the big banks for help most of the time the banks show no mercy whatsoever….

DOJ Takes Down 4 More For Rigging Bids at Foreclosure Auctions To date, as a result of ongoing antitrust investigations into bid rigging and fraud at public real estate foreclosure auctions in Northern California, 35 individuals….

Fla. Supreme Court disciplining law firms for foreclosure-related violations When the foreclosure crisis rocked Florida, it gave rise to a new legal specialty: foreclosure defense attorneys. But 9 Investigates found out that in many cases, struggling homeowners already in desperate situations hand over thousands of dollars to attorneys who often can only delay the inevitable – a foreclosure. WFTV's Lori Brown discovered the Florida Supreme Court has taken the rare step of disciplining attorneys statewide in hundreds of loan modification and foreclosure defense cases….

Homeowner/Foreclosure Legal Q&A
Can foreclosure complaint be served by certified and regular mail? >>>> Does a TRUSTEE SALE NO. have a statue of limitations...?>>>> Renting a Pre-Foreclosure which is now in Foreclosure. What's the best approach to inquire on buying the house? >>>> Can a new buyer of a property post a notice to quit on previous owner's door a day before they file a unlawful detainer? >>>>

NCLC Foreclosure Resources
At A Crossroads: Lessons From The Home Affordable Modification Program (Hamp) >>>> NCLC: Sample Documents, Forms and Letters >>>> Servicing Policy Briefs, Reports & Press Releases >>>> Foreclosure Mediation Programs >>>> Books, Tools & Other Resources for Homeowners >>>>

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WEEKEND EDITION, SEPTEMBER 2 – SEPTEMBER 6, 2013

TUESDAY, SEPTEMBER 3, 2013
ACADEMIA ADVERSARIES ADVOCATES BLOGOSPHERE LEGAL LEGISLATE OP-ED HOMEOWNERS NEWS The ForeclosureGate Gazette Is A Public Service Aggregate Of Foreclosure-Related News And Information Intended To Educate And Advance Justice For American Homeowners

Widow caught in foreclosure vortex after bank's mistake Two weeks ago, a jury in Hillsboro found that JPMorgan Chase broke state law when it foreclosed on a Washington County adult foster home. The jury believed Chase had promised the homeowners a modification, told them to stop making payments, then foreclosed on them anyway. The events in that case started more than four years ago. The housing market has since recovered. Big banks have paid billions to settle foreclosure fraud allegations nationwide. Chase has reported $75 billion in profits since 2008, more each year….

Foreclosure Fiasco Let’s kill all the lawyers,” Shakespeare demanded over 400 years ago. These days, lawyers have taken a back seat to Wall Street as the main target of public ire….

What's Happening in Detroit So where we stand is that the Michigan courts have to sort out whether the bankruptcy filing would violate the Michigan constitution….

Seize the mortgages, save the neighborhood America's failure to solve the continuing mortgage crisis is the most serious lapse in the aftermath of the 2008 subprime meltdown. Several decades of increased homeownership rates in working-class and minority communities have been wiped out….

Comparing Restrictions

Dual

Track

Foreclosure

Dual tracking is the servicer practice of simultaneously pursuing loan modifications and foreclosure proceedings. This chart offers a sideby-side comparison and analysis of how….

Home-Loan Applications for New Houses Fall 15%, MBA Says The Builder Application Survey showed a 15 percent decline in loan submissions in June from the previous month, the Washington-based group said in a statement. …

Foreclosure settlement no consolation for losing your home This is not just money lost from families. This is money drained from our neighborhoods, which means it is critical resources drained from our tax base, schools, and the public commons….

Will the Real Creditor Please Stand Up? The big issue confronting litigators representing homeowners in foreclosures and other related litigation matters, is that you can’t get any credible factual information from a credible competent witness with personal knowledge of the loan or personal knowledge that can establish a foundation for the business records exception to the hearsay rule. Actually all of the legal issues examined by this blog are intertwined….

Homeowner/Foreclosure Legal Q&A
Can foreclosure complaint be served by certified and regular mail? >>>> Does a TRUSTEE SALE NO. have a statue of limitations...?>>>> Renting a Pre-Foreclosure which is now in Foreclosure. What's the best approach to inquire on buying the house? >>>> Can a new buyer of a property post a notice to quit on previous owner's door a day before they file a unlawful detainer? >>>>

NCLC Foreclosure Resources
At A Crossroads: Lessons From The Home Affordable Modification Program (Hamp) >>>> NCLC: Sample Documents, Forms and Letters >>>> Servicing Policy Briefs, Reports & Press Releases >>>> Foreclosure Mediation Programs >>>> Books, Tools & Other Resources for Homeowners >>>>

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WEEKEND EDITION, SEPTEMBER 2 – SEPTEMBER 6, 2013

WEDNESDAY, SEPTEMBER 4, 2013
ACADEMIA ADVERSARIES ADVOCATES BLOGOSPHERE LEGAL LEGISLATE OP-ED HOMEOWNERS NEWS The ForeclosureGate Gazette Is A Public Service Aggregate Of Foreclosure-Related News And Information Intended To Educate And Advance Justice For American Homeowners

Housing fix has strong enemies One way to judge the virtues of the city of Richmond's initiative to use eminent domain to help its strapped mortgage borrowers is by the hysterical reaction of the banks and investors holding the mortgage loans. Wells Fargo & Co. and Bank of New York have sued the East Bay city in federal court to throttle the plan even before its birth. (A court hearing on their request for an injunction is set for Sept. 13.)…

Reuters: Mortgage Bonds Were “Rotten from the Start.” We have come a long way in six years. Back in 2007 almost everyone thought that the mortgage bonds were valid instruments issued by a valid entity that owned valid mortgages….

City Council Candidate Kshama Sawant Arrested Defending Homeowner from Eviction "I call on everyone who feels that working people should not be kicked out of their homes to satisfy the banks' drive for profit, to join the struggle to fight foreclosures and evictions in Seattle,” the Stranger-endorsed Sawant said via a statement….

The looming threat to the housing recovery I don’t mean to be Mr. Gloom, but I sometimes wonder if investors are in a similar state of unreality. For the past few years, a massive dose of free money, thanks to zero-percentinterest rates and “quantitative easing,” has sparked a similar sense of euphoria in many financial markets….

How to deal with borrower challenges to nonjudicial foreclosures A new legal industry, it might be said, has emerged in many states in response to the sustained high level of foreclosures. The prime movers in this legal niche are attorneys advising financially distressed property owners on any of four possible objectives….

Wells Fargo: $42 Million Settlement and More Recently, Wells Fargo has reached a $42 million settlement with the National Fair Housing Alliance (NFHA) in regards to failing to maintain foreclosures located in minority neighborhoods. NFHA conducted a yearlong study that….

Nevada, Washoe foreclosure activity increases Residential foreclosure-related activity picked up in Washoe County and Nevada in May as more banks again began processing distressed properties. Nevada saw it first annual increase in foreclosure activity since the beginning of 2011….

Bank Repossessions Jump 11 Percent, Foreclosure Starts Up 4 Percent in May U.S. bank repossessions jumped 11 percent from the previous month in May, the first monthly increase since November 2012, while foreclosure starts increased 4 percent from the previous month and now have increased on a monthly basis in three of the last four months….

Homeowner/Foreclosure Legal Q&A
Can foreclosure complaint be served by certified and regular mail? >>>> Does a TRUSTEE SALE NO. have a statue of limitations...?>>>> Renting a Pre-Foreclosure which is now in Foreclosure. What's the best approach to inquire on buying the house? >>>> Can a new buyer of a property post a notice to quit on previous owner's door a day before they file a unlawful detainer? >>>>

NCLC Foreclosure Resources
At A Crossroads: Lessons From The Home Affordable Modification Program (Hamp) >>>> NCLC: Sample Documents, Forms and Letters >>>> Servicing Policy Briefs, Reports & Press Releases >>>> Foreclosure Mediation Programs >>>> Books, Tools & Other Resources for Homeowners >>>>

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WEEKEND EDITION, SEPTEMBER 2 – SEPTEMBER 6, 2013

THURSDAY, SEPTEMBER 5, 2013
ACADEMIA ADVERSARIES ADVOCATES BLOGOSPHERE LEGAL LEGISLATE OP-ED HOMEOWNERS NEWS The ForeclosureGate Gazette Is A Public Service Aggregate Of Foreclosure-Related News And Information Intended To Educate And Advance Justice For American Homeowners

The Rule of Law in the Financial System Notice that the one piece of the Dodd-Frank Act that changed the politics of financial regulation--the CFPB--is also where the pushback has been the strongest. We need to stop seeing financial regulation as a matter of technocracy and start seeing it as a matter of political importance of the first order. At stake is nothing less than the rule of law….

U.S. judge dismisses suit against Dodd-Frank financial reform law A federal judge has dismissed a lawsuit by a Texas bank, two free-market advocacy groups and 11 states against the Dodd-Frank Wall Street reform law, saying they did not show the likelihood of financial harm from the new government authority….

Housing slow to stabilize Foreclosures and delinquency on mortgage payments in the Dayton region has improved in the six months leading up to January 2013, but the recovery in the housing industry is being stifled by declining prices and more bank-owned properties….

Miami Tops U.S. Foreclosures as Banks Selling in Boom One in 236 housing units in the area that includes Miami, Fort Lauderdale and Pompano Beach received a foreclosure filing in June, more than four times the national average, RealtyTrac Inc. said in a report….

1st Circuit throws foreclosure process into limbo, orders action The appeals court found that McConnell failed to follow the proper procedure when he barred all defendants in the case from completing foreclosures until going through mandatory mediation process of indefinite length….

Father of securitization doubts easy return to private mortgage bonds Known as the father of securitization, Lewis Ranieri dubbed himself "Dr. Frankenstein" during a forum at the Bipartisan Policy Center Monday, claiming the once profitable securitization market has yet to claw its way back….

Supreme Court Agrees to Hear Fair Housing Case The high court's decision to accept the case was a preliminary victory for lenders, who want the Supreme Court to rule on the legality of a theory that is central to many fair lending cases. The case, which involves a redevelopment plan in a New Jersey town….

DoD supports expanded foreclosure protections for deployed troops The Military Family Home Protection Act, HR 1842, would expand mortgage-related protections of the Servicemembers’ Civil Relief Act by making service members receiving hostile fire or imminent danger pay eligible for foreclosure protection beginning on the day their special pay started and ending one year after it stopped….

Homeowner/Foreclosure Legal Q&A
Can foreclosure complaint be served by certified and regular mail? >>>> Does a TRUSTEE SALE NO. have a statue of limitations...?>>>> Renting a Pre-Foreclosure which is now in Foreclosure. What's the best approach to inquire on buying the house? >>>> Can a new buyer of a property post a notice to quit on previous owner's door a day before they file a unlawful detainer? >>>>

NCLC Foreclosure Resources
At A Crossroads: Lessons From The Home Affordable Modification Program (Hamp) >>>> NCLC: Sample Documents, Forms and Letters >>>> Servicing Policy Briefs, Reports & Press Releases >>>> Foreclosure Mediation Programs >>>> Books, Tools & Other Resources for Homeowners >>>>

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WEEKEND EDITION, SEPTEMBER 2 – SEPTEMBER 6, 2013

FRIDAY, SEPTEMBER 6, 2013
ACADEMIA ADVERSARIES ADVOCATES BLOGOSPHERE LEGAL LEGISLATE OP-ED HOMEOWNERS NEWS The ForeclosureGate Gazette Is A Public Service Aggregate Of Foreclosure-Related News And Information Intended To Educate And Advance Justice For American Homeowners

Eminent Domain Is Now In Play: Mortgages Being Seized When it was first proposed it was quite a bit of publicity about it and if you relied upon the mainstream media reporting financial information you would have assumed that it was an idea that simply came and went. Not so fast. Eminent domain has been in use for at least one year as municipalities condemned the mortgage, and seize it for its real value….

Feds seek $6B from JPMorgan Chase to settle mortgage suits A U.S. government agency is pushing JPMorgan Chase & Co. to pay $6 billion to settle lawsuits over subprime mortagage-backed bonds, but the nation's largest bank is pushing for a smaller settlement….

The Best Kept “Secret” in Foreclosure Defense? Using The Forclosure Process To Win Foreclosure Cases Winning Foreclosures is not just for the banks, it’s for homeowners, who know how to bring the fight right back at the banks….

Thousands reduced

to

get

mortgage

payments

The Notice Letters and Legal Strategies Notwithstanding the law, I am finding that there are many judges who consider it to be their political mandate to push the foreclosures through to sale. They may be right as to the political mandate but they are wrong to use it in a court of law. Failure to give proper notice or any other material fact that might be in issue….

Through a new effort called the Streamlined Modification Initiative, borrowers with mortgages backed by Fannie Mae and Freddie Mac who are at least 90 days behind on payments will start receiving offers from lenders to lower their mortgage payments….

Rocket docket return: Another weapon for foreclosure defense When Florida’s Governor Rick Scott signed House Bill 87 – the so-called foreclosure Rocket Docket bill – he had no idea he was opening another can of worms and potentially giving….

6 Indicted for Scam Involving Appraisals and Kickbacks

Inflated

The indictment alleges that from March 2007 to November 2008, the defendants sought mortgages for properties at values in excess of the properties’ actual market values….

Government profits from Ally? Go figure! It’s taken almost five years, but one of the government’s ugliest ducklings is finally showing signs of turning into a swan. A profitable swan, at that. I’m talking about Ally Financial, formerly GMAC, General Motors’ finance subsidiary. Ally sucked up $17.2 billion of federal bailout money, much of which ended up being used to fill the rathole known as Residential Capital (which we’ll call ResCap from here on)….

Homeowner/Foreclosure Legal Q&A
Can foreclosure complaint be served by certified and regular mail? >>>> Does a TRUSTEE SALE NO. have a statue of limitations...?>>>> Renting a Pre-Foreclosure which is now in Foreclosure. What's the best approach to inquire on buying the house? >>>> Can a new buyer of a property post a notice to quit on previous owner's door a day before they file a unlawful detainer? >>>>

NCLC Foreclosure Resources
At A Crossroads: Lessons From The Home Affordable Modification Program (Hamp) >>>> NCLC: Sample Documents, Forms and Letters >>>> Servicing Policy Briefs, Reports & Press Releases >>>> Foreclosure Mediation Programs >>>> Books, Tools & Other Resources for Homeowners >>>>

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