Archive | October, 2014

What a Week of Decisions! Listen to the Neil Garfield Show Tonight

31 Oct

Livinglies's Weblog

Click in to tune in at The Neil Garfield Show

Or call in at (347) 850-1260, 6pm Eastern Thursdays

The losers this week? Anyone with a business record they want to introduce into evidence. The winners might just be any homeowner who has been victimized by foreclosure. Maybe the banks have had their 15 minutes. Maybe time is up.

These are just some of the Wall Street entities that took a beating in the last ten days:

  • Deutsch bank
  • OneWest
  • Ocwen
  • Bank of New York Mellon
  • US Bank
  • and thousands of trusts that sold mortgage backed securities but never received the proceeds of the sale.

Listen tonight as the corner turns on the banks and the courts go from being perplexed to being angry.

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Ocwen Engaged in Pattern of Conduct Backdating Default Letters and Other Documents

29 Oct

Livinglies's Weblog

See Palm Beach Post

Bank bombshell! Backdated foreclosure letters may have harmed thousands 

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By Kim Miller

house moneyOcwen Financial Corp. was accused this week by New York’s chief financial officer of backdating “potentially hundreds of thousands” of letters to borrowers that likely “caused them significant harm.”

The Tuesday letter from Superintendent of New York’s Department of Financial Services says the letters denied mortgage loan modifications and were dated more than 30 days prior to the date that Ocwen mailed the letter.

Ocwen has an office in West Palm Beach where it was formerly headquartered. It is now based in Atlanta.

“These borrowers were given 30 days from the date of the denial letter to appeal that denial, but those 30 days had already elapsed by the time they received the backdated letter,” Lawsky wrote. “In other cases, Ocwen’s systems…

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Bank of New York Fails Test for Business Records – Fla. 1st DCA

28 Oct

BNYM is criminal!

Livinglies's Weblog

For further information, assistance or consultation please call 954-495-9867 or 520-405-1688.

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see http://4closurefraud.org/2014/10/22/burdeshaw-v-the-bank-of-new-york-mellon-hearsay-final-judgment-reversed/

The Burdeshaws appeal the final judgment of foreclosure in favor of The Bank of New York Mellon (“BNYM”), contending that the evidence to support the amount of indebtedness was inadmissible hearsay and thus, no admissible evidence supported the trial court’s determination of the amount due. In addition to reversal of the final judgment, the Burdeshaws seek remand of this case with instructions to dismiss, based on a meritorious motion pursuant to rule 1.420(e), Florida Rules of Civil Procedure, taken under advisement by the trial judge and denied de facto when the court eventually conducted a bench trial and issued a final judgment. We agree on both points, reverse the final judgment of foreclosure, and remand for dismissal of the action.

The Burdeshaws filed their notice of inactivity, pursuant to rule 1.420(e), on July 20, 2010. After…

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Bit by Bit We Lose it All as Others Gain

25 Oct

Livinglies's Weblog

I observe Shabbat although in a somewhat unconventional way. In my readings this morning for the weekly Torah portion dealing with the building of Noah’s ark, I came across a piece written by Rabbi Yehuda Appel in which he states:

“In the era of the Flood, the Sages suggest a deeper malady associated with the rampant thievery. The Midrash reports that often many thieves would descend on their victim together, but each of them would take only a very small quantity of goods to insure their individual exemption from prosecution. The thieves would repeat this over and over again. The end result was that though they had become enriched, the thieves could rationalize they hadn’t really done anything wrong, for, after all, no court was demanding they stand trial.”

This insight reminded me of the role of banks and other financial institutions in our lives today. Arrogance, bullying, self-deception all…

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Federal 6th Circuit in Ohio Court Slaps Down BOA — Homeowner DOES have standing to challenge title and therefore challenge validity of transactions that purport to Transfer the debt, note or mortgage.

3 Oct

Livinglies's Weblog

For further information or assistance please call 520-405-1688 or 954-495-9867

see Opinion+File+Stamped+9.29.14 Slorp v Lerner, Sampson et al

This decision reflects the changing judicial climate in which the courts are taking a closer look at these transactions. They don’t like what they are seeing and in this case, the appellate court practically recommended a RICO action.

The essence of this case is that it enables homeowner, EVEN IF THERE WAS AN ALLEGED DEFAULT, to file defenses or an action for damages and challenge based upon the allegation that the assignment was false. And THAT in layman terms, means that the assignment is just piece of paper that purports to be evidence of a transaction in which the debt, note and mortgage were transferred. If no such transaction exists, then the assignment is void, even if it is recorded, thus opening the door for nullification of the mortgage or at least…

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Foreclosure News Roundup

2 Oct

Livinglies's Weblog

As a result of an unexpected scheduling conflict tonight’s show is postponed until next Thursday.

The news over the last week has been largely good. While many judges are still entering judgments against borrowers by rote, the truth about securitization is oozing out of the court system. A Tax court found that the investors were not secured creditors against the home and could not foreclose. That means that any claim “on behalf of the certificate holders” is false and perhaps void.

The CFPB is starting to ban servicers from accepting new loans to service until they can prove they cleaned up their act — especially with respect to modifications. A California court wrote that they were on the verge of finding that the modification process is a sham. That means that there are potential claims for damages, which have reached as high as $39 million thus far and that means…

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