STOP FORECLOSURE FRAUD

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US BANK NA v. Cannella | NY: Supreme Court - The Court rejects Plaintiff's argument that the Assignment effectuated a transfer of the Note, by which Plaintiff need not satisfy UCC § 3-202(2)'s explicit requirement for the allonge to be firmly affixed to the Note. Plaintiff having failed to successfully circumvent UCC § 3-202(2), a triable issue of fact remains as to whether the purported endorsement on the allonge was firmly affixed to the Note as to constitute a valid transfer of the Note to Plaintiff, thereby conferring standing to foreclose.

04/23/2019

2019 NY Slip Op 29112 U.S. BANK NA, AS TRUSTEE, ON BEHALF OF THE HOLDERS OF THE J.P. MORGAN MORTGAGE TRUST 2007-S3 MORTGAGE PASS-THROUGH CERTIFICATES,

TFH 4/21 | “Larry the Banker” Is Back: Exclusive Tell-All Interview With Retired Big Five Bank Executive (originally broadcast December 21, 2014)

04/20/2019

COMING TO YOU LIVE DIRECTLY FROM THE DUBIN LAW OFFICES AT HARBOR COURT, DOWNTOWN HONOLULU, HAWAII LISTEN TO KHVH-AM (830 ON THE AM RADIO DIAL)

Pennsylvania Supreme Court Issues Evidentiary Ruling Favorable to Mortgage Servicers

04/18/2019

JD SUPRA- Bayview Loan Servicing LLC v. Wicker, Case No. 3 WAP 2018, --- A.3d ----, 2019 WL 1388516 (Pa. Mar. 28, 2019), clarifies that

‘Obduskey’ Deprives Consumers of Protection, Creates an Uneven Application of Federal Law

04/18/2019

Although Justice Breyer's conclusion is based on a straight forward textual analysis, it is overly academic, detached from the realities of debt collection, and misses

Miami Judge Issues Order to Show Cause Against US Bank for Flouting Discovery Order

04/17/2019

Judge Beatrice Butchko's order floats the possibility of sanctions if the bank fails to produce discovery documents the judge ordered it to release in August

Judge orders dismissal of foreclosure suit against PHH Mortgage, Morgan Stanley

04/16/2019

Norcalrecord- A U.S. District Court of the Northern District of California judge tossed a lawsuit against PHH Mortgage Corp. and Morgan Stanley Private Bank. On

TFH 4/14 | Foreclosure Hour Easter Special: Stages, Issues and Strategies in the Resurrection of a Foreclosure Case After an Adverse Judgment

04/14/2019

COMING TO YOU LIVE DIRECTLY FROM THE DUBIN LAW OFFICES AT HARBOR COURT, DOWNTOWN HONOLULU, HAWAII LISTEN TO KHVH-AM (830 ON THE AM RADIO DIAL)

So You’re Saying There’s A Chance: Surpluses In Foreclosure

04/11/2019

We regularly counseled lenders, even before the Talaganov case, that they should try to “ride the coattails” of the senior mortgagee’s foreclosure suit by answering

AG Healey Secures $2 Million from National Mortgage Servicer Over Unfair and Unaffordable Loan Modifications

04/11/2019

BOSTON — A national mortgage servicing company will pay $2 million and undertake affordable loan modifications for affected Massachusetts homeowners, Attorney General Maura Healey announced

Appeals court overturns civil penalty against foreclosure law firm the Castle Law Group

04/10/2019

ABA JOURNAL- The Colorado Court of Appeals has overturned a $119,500 civil penalty imposed against a foreclosure law firm accused of violating consumer fraud laws

Miami-Dade Judge Rules Retroactive Provision in Florida's Foreclosure Law is Unconstitutional

04/10/2019

Judge David Miller's wrote that the specific application of the Florida Fair Foreclosure Act—a 2013 law created in response to the housing crisis— to a

CERTO v. BANK OF NEW YORK MELLON | FL 1st DCA - An agreement to which Mellon is not a party does not evidence a transfer of the Note to Mellon. Thus, the documents Mellon introduced below and that it cites on appeal do not evidence its purchase of the debt or an effective transfer or valid assignment to it.

04/09/2019

FRANK CERTO and MURIEL CERTO, Appellants, v. THE BANK OF NEW YORK MELLON, f/k/a The Bank of New York, Successor in Interest to JPMorgan Chase

TFH 4/7 | Paragraph 22, The Notice of Default and Right To Cure: How To Use This Most Overlooked Foreclosure Defense To Defeat Summary Judgment and Win at Trial (Foreclosure Workshop #16: Rebroadcast from July 17, 2016)

04/07/2019

COMING TO YOU LIVE DIRECTLY FROM THE DUBIN LAW OFFICES AT HARBOR COURT, DOWNTOWN HONOLULU, HAWAII LISTEN TO KHVH-AM (830 ON THE AM RADIO DIAL)

NATIONAL ASIAN AMERICAN COALITION et al., v GAVIN C. NEWSOM, as Governor, etc., et al | CA Appeals Court - The trial court should have issued a writ of mandate ordering the retransfer of the wrongfully diverted $331M funds from the General Fund to the National Mortgage Special Deposit Fund.

04/03/2019

C079835A by DinSFLA on Scribd

Supreme Court opens door (a bit) to argument that in rem foreclosures not covered by FDCPA

04/03/2019

JD SUPRA- On March 20, 2019 in Obduskey v. McCarthy & Holthus LLP, a unanimous U.S. Supreme Court held that the primary definition of a

Allen v. HABITAT II CONDOMINIUM, INC. | FL 4DCA - He argues the judgment is void because he did not have notice of the final hearing. He also argues that the trial court erred in denying his rule 1.540 motion without an evidentiary hearing. We agree that he is entitled to an evidentiary hearing.

04/01/2019

LORENZO A. ALLEN, Appellant, v. HABITAT II CONDOMINIUM, INC., a Florida not-for-profit corporation, Appellee. No. 4D18-1517.District Court of Appeal of Florida, Fourth District.March 27, 2019.Appeal

New Jersey Legislature Passes Important Foreclosure Reforms for Community Associations

04/01/2019

Lexology- For years, organizations that work with community associations, along with association residents, have lobbied for reforms to the foreclosure system in New Jersey. As

TFH 3/31/19 | The 20 Most Overlooked Foreclosure Defenses

03/31/2019

COMING TO YOU LIVE DIRECTLY FROM THE DUBIN LAW OFFICES AT HARBOR COURT, DOWNTOWN HONOLULU, HAWAII LISTEN TO KHVH-AM (830 ON THE AM RADIO DIAL)

Trump officially calls for end to Fannie Mae, Freddie Mac conservatorship

03/29/2019

Housing Wire- President Donald Trump is officially calling for an end to the conservatorship of Fannie Mae and Freddie Mac, according to a White House

CitiMortgage, Inc. v. Porter | Florida Appellate Court Holds Lender Not Entitled to Summary Judgment on Bona Fide Lender Claim Because of “Series of Suspicious Documents” in Records

03/28/2019

Lexology- A Florida appellate court reversed a trial court and held that a reverse mortgage lender was not entitled to summary judgment on the claim

Shuttering Cherry Hill Foreclosure Firm Doesn't Need Receiver, Judge Rules

03/27/2019

A South Jersey foreclosure firm in the process of closing will not have to go into receivership because of an alleged six-figure debt to a

SCOTUS Rules Foreclosure Firms Are Not “Debt Collectors” in Nonjudicial Proceedings

03/26/2019

JDSUPRA- This week, in a unanimous decision, the Supreme Court held that law firms conducting nonjudicial foreclosures are not “debt collectors” under the Fair Debt

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