In AZ, U.S. Trustee BK Subpoenas Wells Fargo

This bankruptcy order–signed today or yesterday, I believe, I didn’t bring it home but will update this post with a better cite—that someone sent over is interesting.  Apparently, in this bankruptcy case, the US Trustee intervened because of the debtor’s objection to Wells Fargo’s proof of claim and other issues.  The bankruptcy Trustee filed a […]

Arizona Judge Remands Foreclosure Under Abstention Doctrines

Excellent news for Arizonans battling foreclosure!  We have continuously argued against removal based solely on diversity because the state law issues in these foreclosure cases are predominant, and it is important for the state to have a cohesive scheme regarding its real property laws, and novel issues of state law interplay.  And we’ve seen what kind […]

Tavakoli to the FHFA: Wake Up!

Structured finance expert Janet Tavakoli made another powerful presentation regarding the ongoing fraud perpetrated by virtually every segment of the financial industry/captured government “regulators.”  This was made to attendees of  the Federal Housing Finance Agency’s Supervision Summit.  One slide says Banks (not borrowers) Broke the Law Foreclosure Fraud (phony affidavits, i.e. perjury) is a crime. Delinquency […]

Judge Spinner Condemns US Bank’s Unclean Hands

Is it me, or does this go on in almost every case you see?  Anyway, Judge Spinner in New York was having none of it.  Full opinion 12-01-2010-ny-judge-spinner-u-s-bank-natl-assn-v-mathon: Here, the Court has serious and grave concerns regarding Plaintiff’s conduct in this matter, which appears to be rife with bad faith. This can be amply seen […]

ANONYMOUS Comment

This is an excerpt from a frequent commenter on Living Lies, ANONYMOUS: It is the consensus in courts – as you state – that judges conclude – “someone” must be entitled to foreclose if the borrower had missed payments.” I have also heard stories about judges saying – “If this is not the real party […]