Happy Fourth of July!

    Oh, and incidentally, I know you know this, but we now realize, recognize and interpret “all men” to mean “all people,” including women, and people of all colors, creeds, and religion.  That is the real face of America.  This cuts against how literally certain people want to interpret old documents that were intended […]

Foreclosure News: OCC Will Escheat Funds Designated for Homeowners, OCC Restricts Chase, US Bank, Wells via Amended Consent Orders

The OCC issued a press release today that it plans to escheat uncashed payments from the Independent Foreclosure Review by the end of 2015.  Also, it has imposed restrictions on U.S. Bank, Chase, Wells, and others for not meeting Consent Order requirements, stating, in part: The OCC terminated orders against Bank of America, N.A.; Citibank, […]

Nationstar Lawsuit to Watch

A new investor lawsuit filed against Nationstar was reported by Reuters, in an article called, “Securities lawsuit says Nationstar concealed illicit practices,” by Dena Aubin on June 5, 2015. The case is  City of St. Clair Shores Police and Fire Retirement System v. Nationstar Mortgage Holdings et al, U.S. District Court, Southern District of Florida, […]

Dismissals of Lawsuits by Consumers, Employees and for Civil Rights Violations Disparately Impacted by Twombly Iqbal

By Beth: Those attorneys who represent consumers or individuals against corporations will be in the “tell me something I don’t know” category regarding the way the district courts treat the 12(b)(6) motion as the new summary judgment motion.  In other words, post-Iqbal and Twombly, the pleading standards are being used to dismiss the cases of […]

MERS Lacks Legal Authority and Public Accountability

Harvard Amicus Brief on MERS Some of the best quotes, Mortgage servicing companies, banks, courts and government agencies have all expressed astonishment at the extent to which MERS database is inaccurate. (p. 24) “Simply put, ‘MERS is the Wikipedia of land registration systems.’ Culhane v. Aurora Loan Services, 826 F. Supp. 2d 352 (D. Mass. 2011) […]

Lots of Homeowner “Friends of Court” Swinging Into Yvanova Case in California Supreme Court

There have been several amicus curiae briefs filed in the last few days in the Yvanova case, currently pending before the California Supreme Court on Glaski-type issues of a borrower’s ability to challenge the foreclosing party’s authority, whether it came from a bad assignment, or from a hallucination from the Dalai Lama. California Attorney General FINAL-Amicus […]

Two Million Dollar Jury Award in Federal Court in Illinois for Modification Misconduct

OAK BROOK, Ill., April 22, 2015 /SATPR.COM/ — Alena Hammer secured a jury verdict against Residential Credit Solutions, Inc. (RCS), a national mortgage loan servicer headquartered in Fort Worth, Texas, for its breach of contract, violations of the Real Estate Settlement Procedures Act (RESPA), and violations of the unfairness and deception provisions of the Illinois Consumer […]

Foreclosure and Suicide

Suicides Doubled During Housing Crisis says article in the Atlantic: In 2010, just as the U.S. was beginning to climb out of the global financial crisis, suicide was the second-leading cause of death for adults aged 25 to 34 in the U.S., and the fourth-leading cause of death for adults aged 35 to 54. With the […]

Department of Justice Investigates Deutsche Bank for False Documents Presented to Court in Bankruptcy Foreclosure Case

This was reported by Reuters, in an article entitled US investigates Deutsche Bank in foreclosure case.  Excerpt below but read the whole case at the link (prior): NEW YORK, Jan 28 (Reuters) – A branch of the U.S. Department of Justice is investigating whether Deutsche Bank (DBKGn.DE) filed false documents and attempted to mislead a bankruptcyjudge […]