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Tag Archives: Court

Debt collectors harass Americans even after they have lost their homes to banks

17 Monday Nov 2014

Posted by RealPropertyExpertFL in OUR Housing & Mortgage Crisis

≈ 2 Comments

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Reuters – Michelle Conlin

NEW YORK, (Reuters) – Many thousands of Americans who lost their homes in the housing bust, but have since begun to rebuild their finances, are suddenly facing a new foreclosure nightmare: debt collectors are chasing them down for the money they still owe by freezing their bank accounts, garnishing their wages and seizing their assets.

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By now, banks have usually sold the houses. But the proceeds of those sales were often not enough to cover the amount of the loan, plus penalties, legal bills and fees. The two big government-controlled housing finance companies, Fannie Mae and Freddie Mac, as well as other mortgage players, are increasingly pressing borrowers to pay whatever they still owe on mortgages they defaulted on years ago.

Using a legal tool known as a “deficiency judgment,” lenders can ensure that borrowers are haunted by these zombie-like debts for years, and sometimes decades, to come. Before the housing bubble, banks often refrained from seeking deficiency judgments, which were seen as costly and an invitation for bad publicity. Some of the biggest banks still feel that way.

But the housing crisis saddled lenders with more than $1 trillion of foreclosed loans, leading to unprecedented losses. Now, at least some large lenders want their money back, and they figure it’s the perfect time to pursue borrowers: many of those who went through foreclosure have gotten new jobs, paid off old debts and even, in some cases, bought new homes.

“Just because they don’t have the money to pay the entire mortgage, doesn’t mean they don’t have enough for a deficiency judgment,” said Florida foreclosure defense attorney Michael Wayslik.

Advocates for the banks say that the former homeowners ought to pay what they owe. Consumer advocates counter that deficiency judgments blast those who have just recovered from financial collapse back into debt – and that the banks bear culpability because they made the unsustainable loans in the first place.

“SLAPPED TO THE FLOOR”

Borrowers are usually astonished to find out they still owe thousands of dollars on homes they haven’t thought about for years. In 2008, bank teller Danell Huthsing broke up with her boyfriend and moved out of the concrete bungalow they shared in Jacksonville, Florida. Her name was on the mortgage even after she moved out, and when her boyfriend defaulted on the loan, her name was on the foreclosure papers, too.

She moved to St. Louis, Missouri, where she managed to amass $20,000 of savings and restore her previously stellar credit score in her job as a service worker at an Amtrak station.

But on July 5, a process server showed up on her doorstep with a lawsuit demanding $91,000 for the portion of her mortgage that was still unpaid after the home was foreclosed and sold. If she loses, the debt collector that filed the suit can freeze her bank account, garnish up to 25 percent of her wages, and seize her paid-off 2005 Honda Accord.

“For seven years you think you’re good to go, that you’ve put this behind you,” said Huthsing, who cleared her savings out of the bank and stowed the money in a safe to protect it from getting seized. “Then wham, you get slapped to the floor again.”

Bankruptcy is one way out for consumers in this rub. But it has serious drawbacks: it can trash a consumer’s credit report for up to ten years, making it difficult to get credit cards, car loans or home financing. Oftentimes, borrowers will instead go on a repayment plan or simply settle the suits – without questioning the filings or hiring a lawyer – in exchange for paying a lower amount.

Though court officials and attorneys in foreclosure-ravaged regions like Florida, Ohio and Illinois all say the cases are surging, no one keeps official tabs on the number nationally. “Statistically, this is a real difficult task to get a handle on,” said Geoff Walsh, an attorney with the National Consumer Law Center.

Link to full story here

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Virginia drops JPMorgan from mortgage securities fraud lawsuit

15 Wednesday Oct 2014

Posted by RealPropertyExpertFL in OUR Housing & Mortgage Crisis

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By Danielle Douglas-Gabriel
Sept. 22, 2014
Full link here

Virginia Attorney General Mark R. Herring (D) on Monday dropped JPMorgan Chase from a mortgage securities lawsuit against the country’s biggest banks, after learning that his predecessor Ken Cuccinelli (R) had already struck a “confidential” settlement with the bank.

JP Morgan

The decision comes a week after Herring announced a $1.15 billion lawsuit against 13 of the country’s biggest banks for misleading a state retirement fund about the quality of bonds made up of residential mortgages.

JPMorgan and its Washington Mutual subsidiary were named in the suit, along with Citigroup and Bank of America, for packaging faulty home loans into securities sold to the Virginia Retirement System (VRS).

jpMorgan-pic2-224x300

~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~

*What the story does not tell you is that in order to obtain 90 x 1 leverage the same securities were sold many Many times over to retirement funds, pensions AND securities investors. See here for more info: https://tawebster.wordpress.com/2010/11/22/what-is-jp-morgan-chase/ for more info.

*A better explanation of the reason for the lawsuit.
http://stellionata.com/in-the-news/8935-virginia-sues-13-banks-for-1-15b-alleging-rmbs-fraud-national-mortgage-news

*Why it is important to understand documentation and possible deficiencies.
http://livinglies.wordpress.com/2014/10/15/breakdown-of-the-robo-signing-scandal-settlement-another-elephant-in-the-living-room/

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ABOUT THAT PERJURY, JUDGE . . .

11 Tuesday Jan 2011

Posted by RealPropertyExpertFL in OUR Housing & Mortgage Crisis

≈ 3 Comments

Tags

Court, Criminal, Filing, Foreclosure Mill, Fraud, Pleading, RICO

posted by: Dylan Ratigan on January 11, 2011 in Bank Wars

From Barry Ritholtz…

There is an astonishing front page story in the NYT today, addressing an issue we have been complaining about now for some time: Fraud, Perjury, and other known acts of illegality in foreclosure actions. The article, Judges Berate Bank Lawyers in Foreclosures, reveals that jurists are whining in their written opinions about the illegal actions of bankers, process servers and now lawyers.

Imagine: A judge went so far as to fine a firm for “swearing to false statements.” Why? Because it “reflects poorly on the profession as a whole.” One judge even called the filing of a lawyer “incredible, outrageous, ludicrous and disingenuous.”

Like the awful economists, the judges are circling the wagons around the profession — they are concerned that (horror!) the reputation of legal profession might be damaged.

“When the consequence of a lawyer plying his trade is the loss of someone’s home, and it turns out there are documents being given to the courts that have no basis in reality, the profession gets a very big black eye,” said Stephen Gillers, an expert in legal ethics at New York University.

With all due respect professor, that is the least of it.

No your Honors, this is more than a PR issue: Making sworn statements that are false is perjury, and needs to be prosecuted as such. Last I checked, there is not a different set of felony rules for Lawyers than for everyone else.

Apparently, Civil Law Judges are missing the bigger concern — that rampant criminality is taking place.

Judges, its time to Man Up! You Jurists need to reach under your robes, and feel around the space where your testicles used to be, and find a criminal law book. Submitting sworn documents to to a court, filing robo-signed documents, fabricating signatures, phony notarizations, claiming documents were reviewed when they never were — all of this is PERJURY.

Prosecute it as such; Stop whining about these lawyers, and refer the cases to the State Attorney General. Better yet, have the bailiffs take these Lawyers into custody.

Want to stop illegality? Make sure there is a real penalty that will deter the criminals –bankers, lawyers, et. al – from engaging in their illegal actions.

This means prosecuting known violators of the law . . .

Source:
Judges Berate Bank Lawyers in Foreclosures
JOHN SCHWARTZ
NYT, January 10, 2011

http://www.nytimes.com/2011/01/11/business/11lawyers.html

Previously:
Man without Mortgage Loses Home in Foreclosure (September 23rd, 2010)

Foreclosure Fraud Reveals Structural & Legal Crisis (October 5th, 2010)

Why Foreclosure Fraud Is So Dangerous to Property Rights (October 12th, 2010)

Legal Impossibilities & Foreclosure Errors (October 14th, 2010)

The Impact of Error From Securitization to Foreclosure (October 15th, 2010)

Foreclosure Fraud: “Systemic, Industrywide, Pervasive” (October 16th, 2010)

The Big Lie on Fraudclosure (October 29th, 2010)

The Foreclosure Zoo (November 5th, 2010)

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