False Statements Brian Burnett Freddie Mac IndyMac Bank, FSB MERS OneWest Bank, FSB Action Date: June 27, 2011 Location: San Diego, CA California Bankruptcy Judge Laura Stuart Taylor has joined the ranks of judges who will not tolerate fraudulent documents produced by banks to foreclose. Judge Taylor entered an Order To Show Cause why OneWest […]
Take heart, people! There have been some great, thoughtful decisions coming out in May/June 2011, even in Arizona, California, and Oregon. No, I’m serious, y’all. Here’s a little compendium of some greatest hits: Veal-10-1055 56294575-Hooker-v-B-of-A 2011 06 06 Hendricks v U S Bank – Michigan Wells Fargo as Trustee v Ballestas TX 1st Ct App. […]
Do We Have a Fraud Problem? The Case of the Mysteriously Appearing Allonge by Adam Levitin, excerpt: I have generally been willing to give mortgage servicers, servicer support shops (like LPS), and foreclosure attorneys the benefit of the doubt when it comes to documentation irregularities (to put it mildly) in foreclosures. My working assumption up […]
I was on summer vacation and riding a roller coaster when I received this case on my Blackberry. I’m not sure which was more thrilling but I think it was this opinion, a well thought out decision on basic law regarding notes and deeds of trust. BAP Veal-10-1055
Remember Arizona’s Senate Bill 1259 that I worked on with Senator Michele Reagan? The one that passed the Senate but mysteriously never made it to the House floor for a vote? The one that was double assigned House committees and the one where the Chair admittedly listened to lobbyists and not Arizona citizens and homeowners? […]
This is from Credit Slips, a post by Professor Adam Levitin, who testified before Congress on these issues, and writes regularly for this well-respected law professor/economics blog: The Real Assault on the Legal System posted by Adam Levitin Nick Timiraos has a great piece in the WSJ about the state of play on foreclosure defense […]
FORTUNE — Are Countrywide mortgage-backed securities really mortgage-backed? Do banks even have the legal right to foreclose on certain homes? These are just a few of the questions raised since the foreclosure crisis revealed shoddy mortgage servicing practices at many of the big banks – practices that have led to countless investigations and lawsuits. Court […]
Wall Street Journal Article Concedes Case Law Favoring Homeowners is National and Flaws Aren’t Just Technicalities NY Times Why Just One Prosecution? Fabrice Tourre Did Not Act Alone and Was Not in Charge
Beth Findsen Attorney 