weekend edition - february 4, to february 8, 2013 - foreclosuregate gazette

7/30/2019 Weekend Edition - February 4, to February 8, 2013 - ForeclosureGate Gazette

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WEEKEND EDITION, FEBRUARY 4 FEBRUARY 8, 2013

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MONDAY, FEBRUARY 4, 2013ACADEMIA ADVERSARIES ADVOCATES BLOGOSPHERE LEGAL LEGISLATE OP-ED HOMEOWNERS NEWS

ForeclosureGate.org Is A Public Service Homeowner Coalition and Cooperative, Created ToExchange News And Information And To Advance Justice For American Homeowners

Senates Elizabeth Warren Seeks Regulator Documents on Foreclosure Accord

U.S. Senator Elizabeth Warren and Representative Elijah Cummings have asked banking regulators to producedocuments to show what was behind this months settlements with 13 mortgage servicers for faulty foreclosures.It is critical that the OCC and the Federal Reserve disclose additional information about the scope of the harmsfound to establish confidence in the sufficiency and integrity of the settlement, the two Democratic lawmakerswrote in a letter to Federal Reserve Chairman Ben S. Bernanke and Comptroller of the Currency Thomas Currydated today.

TARP Watchdog Says Treasury Lacks'Concrete' Plan for Ally's Exit

In a report, a taxpayer watchdog agencyaccused Treasury of lacking a concrete plan tohelp Ally pay back taxpayers and move towardfinancial stability. Four years after its first

Government bailout, Ally still owes taxpayers$14.6 billion and Treasury has no concrete exitplan that balances repayment to taxpayers withAllys financial stability, the Office of the SpecialInspector General for Troubled Asset ReliefProgram) stated in the report.

Fort Lauderdale foreclosure attorneypermanently disbarred

Fort Lauderdale attorney William TimothyOToole was permanently disbarred recently aspart of the Florida Bar and Florida SupremeCourts attorney discipline actions. In 2011, the

Bar said it had received 20 complaints aboutOToole. In a petition for emergency suspension atthe time, OToole was accused of allowing non-lawyers to improperly solicit clients on his behalffor loan modifications and foreclosure defense ona nationwide basis, despite the fact he can onlypractice law in Florida.

Ingham County official: Big banks must beheld accountable for foreclosure crisis

Settling claims related to the sub-prime mortgagecrisis will cost some of the nation's largest banks

more than $18 billion under the terms of twoagreements announced today, but that's notenough to make up for the damage the bankscaused to communities and homeowners, a localofficial said.

One Thing Explains Why Home Prices AreRising In Some Cities And Falling In Others

"Broadly, states with a non-judicial processwitnessed a sharper decline in home prices at the

beginning of the downturn, but are currentlyenjoying price appreciation," said Meyer recentlyto Business Insider. "This is due to a moreefficient disposition of delinquent supply, leavinglean inventory in many markets.

Fitch warns home prices overvalued

Despite national home prices increasing by morethan 2%, the largest gain since before the marketpeak, Fitch Ratings believes national prices are10% overvalued. However, during correction,home prices will likely drop by no more than 2%from today due to inflation. Fitch reports

technical factors behind the appreciation willeventually mute growth in the future, much to theopposition of current market predictions.

In foreclosure limbo, Middleburg womanhopes to settle nagging four-year loan issue

Some homeowners who should have beenallowed to stay in their homes could receive a fewhundred dollars with $125,000 being the high enddepending on the mortgage error. Kiefer says herbattle to get a loan modification with Bank of

America is going nowhere.

At present it is a leap of faith to even buy a plot of empty land

The questions that remain in the context of doing what is best for the country remain unresolved:1. Knowing that the title chain is corrupted in all 50 states and that the amount of chaos ranges all the

way up to 80%, what are the remedial steps required to boost confidence in the title registriesaround the country? At present it is a leap of faith to even buy a plot of empty land.

2. Knowing now that the investors put up the money and borrowers put down payments on homesand refinancing, how will the victims of Wall Street chicanery be compensated by a appointment ofa receiver? Restitution is a fundamental bedrock for fraudulent deals.
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TUESDAY, FEBRUARY 5, 2013ACADEMIA ADVERSARIES ADVOCATES BLOGOSPHERE LEGAL LEGISLATE OP-ED HOMEOWNERS NEWS


Congress Begins Investigation of Botched Foreclosure Review Cover-Up Settlement

The more people look at the abruptly-arranged settlement of the OCC/Fed foreclosure reviews, the more theyrealize something does not smell right. Elijah Cummings and Elizabeth Warren have started an investigation ofthe settlement: Some people in a position to know believe that this inquiry was prompted in part by our series,as well as the work done by ProPublica and the Huffington Post. The language of the letter requestingdocumentation leaves me a bit concerned about whether people in power truly recognize what went on and whatis going on within these banks.

Foreclosure Process Hammers Florida'sHousing Market

A decade ago, speculators in Florida werepumping up a huge housing bubble. "Youcouldn't go wrong," Tampa real estate attorneyCharlie Hounchell says. In that overheated

period from 2001 to 2006, "you could buy ahouse and make $100,000 a year later by sellingit," he says.

Mortgage banking double-cross leaves somehomeowners out in the cold

Homeowner Caylin Crawford had been paying themortgage on her St. Paul home on time since shebought it in the spring of 2009. Then, in January2011, she had a snowboarding accident. Told that

she would be unable to work for the next threemonths, she called US Bank, her mortgageservicer, to see if they could make adjustmentsuntil she was back on her feet.

Foreclosure payments may start in spring

Eligible borrowers, including homeowners in theforeclosure process during 2009 or 2010, will notbe required to prove wrongdoing with theirmortgage or take any further action, BarbaraHagenbaugh, a spokeswoman for the FederalReserve, said Tuesday. Eligible homeowners will

receive payment even if they did not previouslyapply for a foreclosure review. Under thesettlement agreement, which ended a nationwideforeclosure review program, the banks will payas much as $3.3 billion directly to 3.8 millionaffected borrowers.

Michigan program to help homeowners avoidforeclosure for unpaid taxes

The program would pay for applicable householdsthat owe up to $30,000. It is being administered bythe Michigan Housing Department Authority underthe name "A Step Forward Michigan Loan RescueProgram." Funding comes from the federal

"Hardest Hit" foreclosure relief program, whichallotted Michigan $498 million in 2010 to preventmortgage foreclosure. The program is beingexpanded to include payment of back taxes andwill go into effect Jan. 15.

Foreclosure ranking for Omaha metro is ahead scratcher

In a span of just weeks, the Omaha-CouncilBluffs metro area has found itself on the Top 10lists of two national companies that track thehousing market. One list, by Trulia, put the

Omaha area among the top healthiest marketsgoing into 2013. On Wednesday, a lessdesirable ranking by RealtyTrac placed theOmaha area among metros with high percentageincreases in foreclosure activity in 2012 from theyear before.

Short sales in California surpass sales offoreclosed homes

When housing prices first went off the cliff, mostmortgage lenders refused to cut deals withhomeowners, choosing instead to repossesshomes on a grand scale. Five years and billions of

dollars in losses later, many banks can't cut thosedeals fast enough, writing off large chunks ofmortgage debt and even paying homeowners tomove out. In recent months, short sales inwhich banks allow homeowners to sell for lessthan they owe

Rep. Cummings, Sen. Warren Launch Joint Investigation of Settlement Ending Independent ForeclosureReview Process

Washington, D.C. (Jan. 31, 2013) -- Today, Senator Elizabeth Warren (D-MA) and Rep. Elijah E. Cummings (D-MD), as the top Democrat on the House Committee on Oversight and Government Reform, sent a letter to FederalReserve Chairman Ben Bernanke and Comptroller of the Currency Thomas Curry seeking documents relating to

their recent settlement with mortgage servicers that ended the Independent Foreclosure Review (IFR) process.
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Page 3 of 5

WEDNESDAY, FEBRUARY 6, 2013ACADEMIA ADVERSARIES ADVOCATES BLOGOSPHERE LEGAL LEGISLATE OP-ED HOMEOWNERS NEWS


Doubt Is Cast on Firms Hired to Help Banks

Federal authorities are scrutinizing private consultants hired to clean up financial misdeeds like moneylaundering and foreclosure abuses, taking aim at an industry that is paid billions of dollars by the same banksit is expected to police.The consultants operate with scant supervision and produce mixed results, accordingto government documents and interviews with prosecutors and regulators. In one case, the consulting firmsenabled the wrongdoing. The deficiencies, officials say, can leave consumers vulnerable and allow taintedmoney to flow through the financial system.

OCC Senior Leadership Gets AnotherSurprise Overhaul

The Office of the Comptroller of the Currencyunexpectedly announced Wednesday thatMichael Brosnan, the senior deputy comptroller

of large banks, was leaving his post to becomeexaminer-in-charge of Zions Bank. The move isboth unusual and effectively a demotion, thoughComptroller of the Currency Thomas Currysuggested it was a change sought by Brosnanhimself.

Anti-Foreclosure Rally Results in DelayedCourt Date

Labor and tenant organizers gathered in front ofthe Suffolk County Housing Court Thursdaymorning to support the family of Dorchester

resident Ramon Suero in an anti-foreclosure rally.City Life/Vida Urbana and UNITE HERE Local 26held the rally and press conference to announcetheir support of Suero and his family in the fight tokeep their home. Their condo unit at 26 ElderStreet in Dorchester is worth $80,000 dollars.

Florida Rep. Introduces Bill to ExpediteForeclosure Process

A bill with similar goals was introduced in thestate about a year ago and met with oppositionfrom state residents. In February, dozens of

residents protested the previous law at the statecapitol. Under the newly proposed law, in orderto pursue foreclosure, a mortgage lender mustconfirm they have all the necessary paperworkgiving them the right to foreclose.

Clouds Seen in Regulators Crystal Ball forBanks

Five years ago, the financial regulators of theUnited States and more broadly the world didnt see the storm coming. Would they if a new

one were brewing now? The answer to that is farfrom clear. The regulators have more informationnow, and they have applied the tools they have tomeasure risk with more vigor. But a newassessment from a little-known agency created

Foreclosure Settlement: What Is Behind TheCurtain at the Great and Powerful Oz?

The connection is pretty simple anddisturbing. Virtually all buy-back demands comeabout because a big bank claims to havesuffered a loss related to the loan, and saysthat the loss came about because of breached

representations and warranties made by thecorrespondent lender at the time the loan wassold. That theory about why the loss occurredis pretty dubious to begin with.

Nearly one-third of U.S. homeowners have nomortgage

While millions of Americans have suffered theangst of lost homes, equity and pride, nearly athird of the nation's homeowners have nomortgage at all, according to an estimate releasedThursday by real estate website Zillow. The free-

and-clear class includes, predictably, retirees whohave chipped away at their debts for decades, butalso a surprisingly high percentage of youngpeople and those who live in relatively affordableregions.

Reverse mortgage rule threatens widow with foreclosure; AARP files challenge

The Department of Housing and Urban Development has a birthday gift for widow Jeanette Ogle a gift thatshould cause any senior to think twice before signing up for a government-insured reverse mortgage. Later thismonth, on Ogles 92nd birthday, her home in Lake Havasu City, Ariz., is scheduled for foreclosure and its notbecause she did something wrong. Instead, she is expected to lose her house because only her late husbandsname was included on the reverse mortgage documents prepared by a loan broker in 2007.
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THURSDAY, FEBRUARY 7, 2013ACADEMIA ADVERSARIES ADVOCATES BLOGOSPHERE LEGAL LEGISLATE OP-ED HOMEOWNERS NEWS


CA Class Action Complaint Against Foreclosure Mills Regarding FDCPA

19. Assignments of the Deed of Trust were recorded which purportedly assigned the deeds of trust from theoriginal named lender to third parties. These assignments were invalid, and created fraudulently and/or forged.20. The amounts claimed to be in default were incorrect and/or includes chargesnot permitted under the loandocuments. 21 The Notice of Default (NOD) states, inter alia: NOTE(S) FOR THE ORIGINAL [Trust Deed]are presently held by the undersigned. This was false. The foreclosing parties did not hold the notes....

Wonder Warren

To help settle a probe into illegal mortgagepractices, servicers were ordered to review allforeclosures between 2009 and 2010. Thesenator from Massachusetts thinks the publichas a right to know what they found. Since thestart of the new Congress, liberal Democrats

have anxiously awaited senior Senator fromMassachusetts Elizabeth Warrens initial moves.Celebrity entrants into the Senatefrom.

LPS received tax break, while Florida AGBondi investigated it for foreclosure fraud

While attorney general Pam Bondi wasinvestigating Lender Processing Services forforeclosure abuses, the state of Florida waspreparing a sweet tax break deal for theJacksonville-based company. Last week, Bondi

announced a national settlement with LPS, andthe company agreed to pay $120 million to settleallegations that it operated as a so-called.

New mortgage rules give small banks achance

There may come a time next year when headingto a community bank or a credit union for amortgage may be more attractive thanapproaching a large bank. The governmentsnew mortgage rules, released Thursday,included a key standard consumers cant get

a qualified mortgage if they have debtsexceeding 43 percent of their income. But theConsumer Financial Protection Bureau proposedan exemption for small creditors, which could.

Ten Questions on the New Mortgage Rules

What is a qualified mortgage? Congressamended federal lending laws in 2010 to givegreater legal rights to borrowers who getmortgages they cant afford. The new law, part ofthe Dodd-Frank financial-regulation overhaul, saidif banks made a qualified mortgageone thatmeets certain easy-to-identify criteriaregulators

and courts would presume that lenders hadreason to assume a borrower could repay. Whendo the new rules take effect? In one year.

Alert Neighbor Helps Cops Bust ForeclosureCopper Robbery

Police said both men were taken into custody --Montes-Ortiz struggling and resisting arrest

along the way. Three backpacks were found onthe basement floor and contained "numerousburglary tools within them," according to a policereport, including pliers, flashlights, copper

cutters, vice grips, a crow bar, hacksaw, knivesand a drill. Police also spotted a pile of cutcopper fittings from the house next to thebackpack.

San Francisco city pensions are urged todump Wells Fargo

The San Francisco Employees' RetirementSystem was urged Wednesday to divest the city'spensions of Wells Fargo shares over the bank'sforeclosure practices. About a dozen people,including current and retired city employees alongwith Occupy protesters, spoke during the public

comment portion of a regularly scheduled boardmeeting in which they also asked that SanFrancisco Mayor Ed Lee not re-appoint BrendaWright, Wells Fargo's.

Sixth Circuit Holds that Mortgage Foreclosure and Foreclosure Lawyers are Subject to the FDCPA

The Sixth Circuits ruling is significant because, among other things, the prospect of FDCPA liability maydiscourage law firms from engaging in mortgage foreclosure activity, requiring banks and other mortgageservicers to move some of these collection activities in-house. The potential consequences of the SixthCircuit decision may be particularly acute when considered in conjunction with a recent decision in the NinthCircuit, which makes clear that lawyers and other principals of firms operating as debt collectors for banksmight be held personally liable under the FDCPA for the actions of their firms.Cruz v. Int'l Collection Corp.,

673 F.3d 991 (9th Cir. 2012).
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