False Recordings in Arizona Foreclosures

  The recent Arizona appellate court decisions, Stauffer and Huff, are significant because Arizona’s federal district courts had been regularly dismissing homeowner claims for false recordings on the pleadings, claiming that the statute 33-420 did not apply.  When reviewing issues of state law, the district court is charged with determining how the Arizona Supreme Court […]

Homeowner Win in Arizona Court of Appeals in Stauffer v First American Title Relating to ARS 33-420 and False Recordings in Foreclosure

1CA-CV12-0073 Stauffer v USB Stauffer v. First American Title, Co., et. al. was the first case to go up to the Arizona Court of Appeals on the issue of whether Arizona’s false recording statute, A.R.S. 33-420 applies to the types of documents recorded in the typical non-judicial foreclosure, the Assignment of Beneficial Status in the […]

Did You Elect ALEC to Write Arizona Law?

About ALEC ALEC is a corporate bill mill. It is not just a lobby or a front group; it is much more powerful than that. Through ALEC, corporations hand state legislators their wishlists to benefit their bottom line. Corporations fund almost all of ALEC’s operations. They pay for a seat on ALEC task forces where corporate […]

No Privacy in Gmail?

Lon Berk has written an interesting article on Law360 regarding how Snowden’s revelations could change ethical obligations of lawyers to preserve confidentiality of client communications: Bar authorities have for the most part concluded that the use of the Internet, including unencrypted emails, does not in and of itself violate this obligation. However, opinions justifying these […]

Lynn Symoniak’s False Claims Act Complaint Unsealed

Here’s a good article in Salon on the subject, snippet below: If you know about foreclosure fraud, the mass fabrication of mortgage documents in state courts by banks attempting to foreclose on homeowners, you may have one nagging question: Why did banks have to resort to this illegal scheme? Was it just cheaper to mock […]

9th Circuit HAMP Case: Corvello v. Wells Fargo

SUMMARY*   Home Affordable Modification Program The panel reversed the district court’s dismissals of diversity actions challenging the decision of Wells Fargo Bank not to offer permanent mortgage modifications to plaintiff borrowers.  The panel held that under the Home Affordable Modification Program the bank was contractually required to offer the plaintiffs a permanent mortgage modification […]

Ask the California Appellate Court to Publish Glaski v. JPMorgan Chase

Editor’s Update:  It’s published!  Way to go! It’s published, as of this morning. http://appellatecases.courtinfo.ca.gov/search/case/dockets.cfm?dist=5&doc_id=2009152&doc_no=F064556 08/08/2013 Order granting publication filed.     As the nonpublished opinion filed on July 31, 2013, in the above entitled matter hereby meets the standards for publication specified in the California Rules of Court, rule 8.1105(c), it is ordered that the […]

Foreclosure News

Excellent article by Professor Elizabeth Renuart for the William & Mary Law Review, entitled Property Title Trouble in Non-Judicial Foreclosure States: The Ibanez Time Bomb?  New case out of California recognizing some basic principles homeowners have been fighting to have courts understand and apply: Glaski v. JPMorgan Chase Good new case by Arizona Supreme Court, Sullivan […]