Publication: The Home Equity Theft Reporter Cases & Articles

First reported 16 hours ago - Updated 16 hours ago - 1 reports

Alabama Man Who Lost Real Estate In Tax Foreclosure Scores Windfall As State Appeals Court Kiboshes Mortgage Lienholder's Attempt To Snatch Surplus Proceeds To Satisfy Loan

From a  Real Estate Finance Newsletter  from the law firm  Bradley Arant Boult Cummings LLP :In Alabama, when a property owner fails to pay his ad valorem property taxes, his property may be sold at a public auction to the highest bidder (the “tax ... [Published The Home Equity Theft Reporter Cases & Articles - 16 hours ago]
First reported 16 hours ago - Updated 16 hours ago - 1 reports

Lack Of Contract Privity Between Mortgage Servicer, Borrower Sinks Homeowner's Claim Under Ohio Consumer Protection Law; Court Ruling Kiboshes Use Of Attorney Fee-Shifting Statute Against 3rd Party Banksters

In Columbus, Ohio,  The Columbus Dispatch  reports:The Ohio Supreme Court has ruled that  servicing a residential mortgage does not constitute a “consumer transaction” as defined by state law , a ruling that consumer groups and attorneys say  eliminates ... [Published The Home Equity Theft Reporter Cases & Articles - 16 hours ago]
First reported 16 hours ago - Updated 16 hours ago - 1 reports

Bankster To File Foreclosure Lawsuit Against Colorado Homeowner Who Questioned Constitutionality Of Non-Judicial Process "To Remove Any Due Process Concerns" That Come From A Public Trustee Foreclosure

In Denver, Colorado,  The Denver Post  reports:The owners of an Aurora woman's mortgage said  they absolutely will file a foreclosure lawsuit to take her house  because of claims that Colorado's public trustee process is unconstitutional.In a request ... [Published The Home Equity Theft Reporter Cases & Articles - 16 hours ago]
First reported 16 hours ago - Updated 16 hours ago - 1 reports

Robosigning, Sewer Service Allegations Continue Dogging Banksters In Recent California AG Suit Tagging Chase For Practices In Credit Card Collection Cases

From the  Office of the California Attorney General :Attorney General Kamala D. Harris [] filed an enforcement action against JPMorgan Chase & Co. (Chase) alleging that the bank engaged in fraudulent and unlawful debt-collection practices against tens ... [Published The Home Equity Theft Reporter Cases & Articles - 16 hours ago]
Entities: Sewer, Bankster, Allegation
First reported May 20 2013 - Updated May 20 2013 - 1 reports

WV Non-Profit Public Interest Lawyers Take Up Fight For Another Homeowner Over Allegations Of Improper Debt Collection Activities Against Notorious Banksters

In Charleston, West Virginia,  The West Virginia Record  reports:A Charleston man is suing Bank of America N.A. and JPMorgan Chase Bank N.A.  for illegal debt collection in two separate lawsuits .In 2005, William Martin was induced into two simultaneous ... [Published The Home Equity Theft Reporter Cases & Articles - May 20 2013]
First reported May 20 2013 - Updated May 20 2013 - 1 reports

Bay State Senator To Feds: Why The Hell Aren't You Ever Taking The Sleazy Banksters To Trial?

Mother Jones  reports:On Tuesday, fierce consumer advocate and  needler of banks  Sen. Elizabeth Warren (D-Mass.) called out Wall Street regulators for  their habit of giving tepid punishments to misbehaving banks , and asked the agencies to  ... [Published The Home Equity Theft Reporter Cases & Articles - May 20 2013]
First reported May 20 2013 - Updated May 20 2013 - 1 reports

NYS Intermediate Appeals Court: OK To Screw Big-Time Bond Insurer In Collateralized Crappy Mortgage Transaction; Victim Was Too Commercially Sophisticated, It Should Have Known Better Than To Get Into A Deal Like That!

The Wall Street Journal  reports:Goldman Sachs Group Inc. obtained a victory in New York state appeals court in a case involving a complex mortgage security, moving the firm further from a crisis-era cloud.The New York state appeals court tossed out ... [Published The Home Equity Theft Reporter Cases & Articles - May 20 2013]
First reported May 20 2013 - Updated May 20 2013 - 1 reports

Federal Judge Leaves Constitutional Question Involving Colorado Foreclosure Laws Open While Formally Halting Homeowner's Foreclosure Sale

In Denver, Colorado,  The Denver Post  reports:A federal judge Tuesday formally stopped the foreclosure auction of an Aurora woman's house, leaving unanswered whether he can determine whether a part of Colorado's foreclosure laws is unconstitutional.While ... [Published The Home Equity Theft Reporter Cases & Articles - May 20 2013]
First reported May 20 2013 - Updated May 20 2013 - 1 reports

BofA Feels Sharp Teeth Of Newly-Minted California Homeowner Bill Of Rights; Borrower's Successful Arguments In Scoring Injunction Could Cost Bankster Upwards Of $60K In Legal Fees & Costs Alone

Housing Wire  reports:A California man  successfully halted a foreclosure sale on his property  using the newly minted California Homeowner Bill of Rights to obtain a court injunction against two foreclosing parties: Bank of America and its ReconTrust ... [Published The Home Equity Theft Reporter Cases & Articles - May 20 2013]
First reported May 19 2013 - Updated May 19 2013 - 1 reports

More Homeowner Horror Stories To Come As Banksters Begin Unloading Servicing Rights; Trouble Expected As Buying & Selling Servicers Begin Fumbling Handoffs

In Charlotte, North Carolina, the  News & Observer  reports:Millions of homeowners around the country have received an unexpected message from their banks: Goodbye.After years of collecting mortgage payments from as many people as they could, big U.S. ... [Published The Home Equity Theft Reporter Cases & Articles - May 19 2013]
First reported May 19 2013 - Updated May 19 2013 - 1 reports

Nebraska Supremes: Special 3-Month Statute Of Limitations When Seeking Deficiency Judgments Applies Only To Non-Judicial Foreclosures; Lenders That Go To Court Seeking Trust Deed Enforcement Get Five Years To Initiate Deficiency Proceedings

From  Justia.com US Law :Defendants gave a promissory note to Bank and secured a loan with a trust deed on real property. Defendants defaulted on the note, and Bank initiated foreclosure proceedings. The property was sold after a sheriff's sale. Bank ... [Published The Home Equity Theft Reporter Cases & Articles - May 19 2013]
First reported May 19 2013 - Updated May 19 2013 - 1 reports

Another Federal Suit Implicating Constitutionality Of Colorado Foreclosure Law Surfaces; Despite Dismissal Of Entirety Of Complaint, Judge Says Inartful Pleading Was Nevertheless Good Enough To Grant Pro Se Homeowner A 'Do-Over'

In Denver, Colorado,  The Denver Post  reports:A second federal lawsuit contesting the constitutionality of Colorado's foreclosure laws has emerged.Unlike the case of an Aurora woman who obtained an interim federal injunction against the foreclosure ... [Published The Home Equity Theft Reporter Cases & Articles - May 19 2013]

Quotes

the prevailing borrower gets all of their legal fees paid by the servicer and the investor . "This is one of the first legal disputes to show the real strength of HBOR and it’s effectiveness in stalling proceedings and increasing expenses for servicers that are accused of violating one of the provisions of HBOR.Jackson has spent months warning servicers about the hidden litigation expenses facing firms when they pursue nonjudicial foreclosures in an HBOR world.The new case in question – Singh v. Bank of America (Recontrust Co.) – was filed by a borrower who accused BofA and Recontrust of violating HBOR’s ban on dual-tracking.Singh claimed the bank failed to respond to his request for a loan mod before filing for a foreclosure sale.Using the HBOR provision against dual-tracking, Singh filed suit in the U S Eastern District of California, requesting injunctive relief to prevent the sale of his home during the pending dispute.The court granted his motion and even noted the California Homeowner Bill of Rights "offers homeowners greater protection during the foreclosure process."In evaluating HBOR and the plaintiff’s allegations, the court said the homeowner "has adequately shown he is likely to succeed on the merits in light of California’s new Homeowner Bill of Rights."The court granted the injunction"
...is determined by who has possession of the document — known as indorsement in blank — Mbaku said anyone could come by that right, even a thief. "Plaintiffs could illegally obtain or otherwise steal a promissory note ... from any bank ... and present themselves at a ... hearing and be deemed ... to be the proper party to foreclose" Mbaku wrote. Brimmer thought that was enough to keep the lawsuit alive...
...He thought the deal was signed, sealed, and delivered until something else arrived: an eviction notice. "I had a very abrupt knock at my front door... They demanded I leave the premises in 24-hours" Sandler said. The demand came from a "Writ of Possession."
...Added attorney Matt Weidner, "You have an attorney general shrugging her shoulders and walking away. How is this allowed to occur?" For more, see

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Alabama Man Who Lost Real Estate In Tax Foreclo... [Published The Home Equity Theft Reporter Cases & Articles - 16 hours ago]
Lack Of Contract Privity Between Mortgage Servi... [Published The Home Equity Theft Reporter Cases & Articles - 16 hours ago]
Bankster To File Foreclosure Lawsuit Against Co... [Published The Home Equity Theft Reporter Cases & Articles - 16 hours ago]
Robosigning, Sewer Service Allegations Continue... [Published The Home Equity Theft Reporter Cases & Articles - 16 hours ago]
WV Non-Profit Public Interest Lawyers Take Up F... [Published The Home Equity Theft Reporter Cases & Articles - May 20 2013]
Bay State Senator To Feds: Why The Hell Aren't ... [Published The Home Equity Theft Reporter Cases & Articles - May 20 2013]
NYS Intermediate Appeals Court: OK To Screw Big... [Published The Home Equity Theft Reporter Cases & Articles - May 20 2013]
Federal Judge Leaves Constitutional Question In... [Published The Home Equity Theft Reporter Cases & Articles - May 20 2013]
BofA Feels Sharp Teeth Of Newly-Minted Californ... [Published The Home Equity Theft Reporter Cases & Articles - May 20 2013]
More Homeowner Horror Stories To Come As Bankst... [Published The Home Equity Theft Reporter Cases & Articles - May 19 2013]
Nebraska Supremes: Special 3-Month Statute Of L... [Published The Home Equity Theft Reporter Cases & Articles - May 19 2013]
Another Federal Suit Implicating Constitutional... [Published The Home Equity Theft Reporter Cases & Articles - May 19 2013]
Ohio AG Indicts Seven In Home Repair Scam Prima... [Published The Home Equity Theft Reporter Cases & Articles - May 18 2013]
Disbarred Attorney Indicted For Allegedly Rippi... [Published The Home Equity Theft Reporter Cases & Articles - May 18 2013]
Stockbroker, Hubby Get Seven Years For Conning ... [Published The Home Equity Theft Reporter Cases & Articles - May 18 2013]
Would-Be Tenant Gets Quick Boot After Paying Th... [Published The Home Equity Theft Reporter Cases & Articles - May 17 2013]
Texas-Based Real Estate Slum Operator Notorious... [Published The Home Equity Theft Reporter Cases & Articles - May 17 2013]
Nevada AG Bags Four For Allegedly Running Racke... [Published The Home Equity Theft Reporter Cases & Articles - May 16 2013]
Florida Foreclosure Mill Lawyers Yet To Face Se... [Published The Home Equity Theft Reporter Cases & Articles - May 16 2013]
Foreclosure Screw-Up Leads Subsequent Unwitting... [Published The Home Equity Theft Reporter Cases & Articles - May 16 2013]
Settlement Agent, Hubby, Son All Cop Pleas In S... [Published The Home Equity Theft Reporter Cases & Articles - May 15 2013]
Settlement Agent Cops Plea To Siphoning Off Clo... [Published The Home Equity Theft Reporter Cases & Articles - May 15 2013]
Ex- Homeowner Who Lost Home To Foreclosure Near... [Published The Home Equity Theft Reporter Cases & Articles - May 14 2013]
Missing S. Florida Lawyer's Antics Cost Client ... [Published The Home Equity Theft Reporter Cases & Articles - May 14 2013]
Banksters, Other Wrong-Doers Continue Making Go... [Published The Home Equity Theft Reporter Cases & Articles - May 14 2013]
Use Of Flawed 'Honor System' Approach To Oversi... [Published The Home Equity Theft Reporter Cases & Articles - May 14 2013]
Steady Stream Of Lawyers Pour Out Of Woodwork O... [Published The Home Equity Theft Reporter Cases & Articles - May 13 2013]
Brooklyn Feds Frog-March Once-Powerful Local Po... [Published The Home Equity Theft Reporter Cases & Articles - May 13 2013]
Hawaii Class Action Names 32 Trial Judges As De... [Published The Home Equity Theft Reporter Cases & Articles - May 13 2013]
Payment Agent For Crappy National Foreclosure F... [Published The Home Equity Theft Reporter Cases & Articles - May 12 2013]
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sort by: Date | Relevance
Alabama Man Who Lost Real Estate In Tax Foreclo... [Published The Home Equity Theft Reporter Cases & Articles - 16 hours ago]
From a  Real Estate Finance Newsletter  from the law firm  Bradley Arant Boult Cummings LLP :In Alabama, when a property owner fails to pay his ad valorem property taxes, his property may be sold at a public auction to the highest bidder (the “tax ...
Lack Of Contract Privity Between Mortgage Servi... [Published The Home Equity Theft Reporter Cases & Articles - 16 hours ago]
In Columbus, Ohio,  The Columbus Dispatch  reports:The Ohio Supreme Court has ruled that  servicing a residential mortgage does not constitute a “consumer transaction” as defined by state law , a ruling that consumer groups and attorneys say  eliminates ...
Bankster To File Foreclosure Lawsuit Against Co... [Published The Home Equity Theft Reporter Cases & Articles - 16 hours ago]
In Denver, Colorado,  The Denver Post  reports:The owners of an Aurora woman's mortgage said  they absolutely will file a foreclosure lawsuit to take her house  because of claims that Colorado's public trustee process is unconstitutional.In a request ...
Robosigning, Sewer Service Allegations Continue... [Published The Home Equity Theft Reporter Cases & Articles - 16 hours ago]
From the  Office of the California Attorney General :Attorney General Kamala D. Harris [] filed an enforcement action against JPMorgan Chase & Co. (Chase) alleging that the bank engaged in fraudulent and unlawful debt-collection practices against tens ...
WV Non-Profit Public Interest Lawyers Take Up F... [Published The Home Equity Theft Reporter Cases & Articles - May 20 2013]
In Charleston, West Virginia,  The West Virginia Record  reports:A Charleston man is suing Bank of America N.A. and JPMorgan Chase Bank N.A.  for illegal debt collection in two separate lawsuits .In 2005, William Martin was induced into two simultaneous ...
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