Tuesday, August 16, 2011

Goldman Sachs is next. Sued by Allstate for toxic investments.

Allstate Sues Goldman Sachs Over Toxic Investments: via HuffPost
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Robo-Signing still Very Common - surprised?

Check it out on iWatch, a great site - read it HERE

Bank of America owns Recontrust, which was recently sued by Washington State

It is about time --- someone, somewhere, CARES that the banks OWN the entities that act as trustee to the homeowner on a Deed of Trust.

We have been complaining of breach of fiduciary duty for 3 years - and no one has listened.  It is amazing how the trustees act like the bank's attorneys during the foreclosure process and ARE the bank's attorneys in the eviction process in court - they should be helping the homeowner at least as much as the bank, if not more, as the bank usually is NOT a party to the Deed of Trust.

Recontrust often serves as trustee in VA as well - always alongside another firm (Sam White, or recently Atlantic Law Group is their co-trustee of choice).  This is necessary because non-resident entities may not serve as trustee to a deed of trust in VA.  They seem to think that by having a co-trustee that makes it ok.  It does not make it ok.

Check out the story HERE

Get ready for One World Govt conspiracy theorists to go crazy - "The Euro Zone"

Merkel and Sarkozy recommend a Euro Zone - one govt to set tax and budget policy for all 17 countries.

The concern - are sovereign nations (Euro members) ready to give up authority over tax and budget policy.

We shall see.

Wednesday, August 10, 2011

Goldman Sachs Sued For $490M By Regulator Over Risky Mortgages

Another lawsuit for selling crap securities, this time Goldman Sachs sold them to credit unions, and lied about the crap they were selling -- we continue to note that the crap mortgages peddled onto unsuspecting home buyers / re-financers, is something the courts, for the most part, have yet to acknowledge or allow claims against the lenders by the homeowners.  TILA, RESPA and other federal consumer protection laws have a 1-2 year statute of limitations from the time you went to settlement on the loan (or discovered the fraud, but this argument goes nowhere in the courts).

However, 15 USC 1640(e) provides that you can raise TILA claims at any time that efforts are made to "collect the debt."  A foreclosure is an action to collect a debt (See Wilson v. Draper & Goldberg, from the 4th Circuit Court of Appeals), yet homeowners are being denied the opportunity to raise these defenses as the claims filed by our office have been repeatedly dismissed due to the statute of limitations; the court of appeals affirmed those decisions. 

Check out the Goldman story HERE

Monday, August 8, 2011

AIG Sues Bank Of America For More Than $10B Over Mortgage Securities

No surprise, was just a matter of time, and you can expect to see a lot more of this type of lawsuit.

Check out the story HERE

Friday, August 5, 2011

Thursday, August 4, 2011

BofA Settles For $10 Million Over Allegations Of Mortgage Abuse

BoA settlement .. what does this mean for homeowners who were / will be unlawfully foreclosed on?  No one knows - probably nothing.  10 million dollar settlement.

Read all about it HERE

Wednesday, August 3, 2011

Side Deal With Bank Of America Would Cede Liability In Exchange For Homeowner Relief

BoA in talks with states to settle wrongful foreclosures - other banks in early talks as well. 

With all the major banks attempting to settle wrongful foreclosures, the courts cannot be far behind in forcing the banks to at least submit proper paperwork that is legally sufficient.  To date, it seems the banks are allowed to simply make up their documents, with no consideration of the language in them, the legal status of the entity acting, or the capacity in which they act (as agent, nominee, or in its own name).  These terms matter - one cannot act in his own name if he has no interest in the mortgage.  One cannot act as an agent for an entity that itself has no interest in the mortgage.  This has got to stop.

Check it out HERE

Lawyers, foreclosure fatigue and the dreaded FREE HOUSE

Excellent post on Mandelman's Blog about the status of foreclosure defense around the country - check it out HERE