Weekend Edition - March 4, to March 8, 2013 - ForeclosureGate Gazette

7/29/2019 Weekend Edition - March 4, to March 8, 2013 - ForeclosureGate Gazette

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WEEKEND EDITION, MARCH 4 MARCH 8, 2013

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MONDAY, MARCH 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

LPS Inc. In Agreement to Resolve Criminal Fraud Violations Following Guilty Plea from Subsidi ary CEO

Lender Processing Services Inc. (LPS), a publicly traded mortgage servicing company based in J acksonville,Fla., has agreed to pay $35 million in criminal penalties and forfeiture to address its participation in a six-yearscheme to prepare and file more than 1 million fraudulently signed and notarized mortgage-related documentswith property recorders offices throughout the United States. The settlement, which follows a felony guilty pleafrom the chief executive officer of wholly owned LPS subsidiary DocX LLC. The non-prosecution agreement,which LPS entered into today with the U.S. Department of Justice and the U.S. Attorneys Office for the MiddleDistrict of Florida, requires the company to make the payment and meet a series of other conditions.

OCC Offers Lame Defense of Failure ofLitigate as More Proof Emerges of its AbjectFailure to Supervise Foreclosure Reviews

This is the key to the failings of the OCC andother bank regulators: as a prudential

supervisor. That means their overarchingconcern is the safety and soundness of theinstitution, as in whether it will go bust. Asidefrom the not trivial problem that US and othernational bank regulators did a piss poor job oftheir overarching mission in the runup to the.

Homeowners set to get compensation for badforeclosure practices

Mortgage lenders will begin compensatinghomeowners in April for shoddy foreclosurepractices. The Office of the Comptroller of the

Currency (OCC) and the Federal Reserve Boardannounced the process on Thursday that willprovide those harmed by wrongful practicesbetween a few hundred dollars up to $125,000 aspart of a $9.3 billion settlement announced inJ anuary.

U.S. Homeowners Are Repeating TheirMistakes

If theres one thing Americans should havelearned from the recession, its the importance ofdiversifying risk. Middle-class households had

too much of their net worth tied up in their homesand were too exposed to stocks through 401(k)sand other investments. Despite the hit manyAmericans took, theres little sign theyvechanged their dependence on homes as themainstay of their wealth.

Appeals Court Rul ing May Nul li fy ConsumerFinance Protection Bureau Rulemakings

A ruling by the Washington, DC federal appealscourt in Noel Canning v. NLRB pretty much endsthe ability of presidents to make recess

appointments, a measure that has been usedsince 1867. The suit successfully challenged aNLRB rulemaking on the grounds that three of thefive directors were recess appointments whichmeant the NLRB lacked a quorum to give itauthority to act. Georgetown law professorAdam Levitin believes this decision will stick.

In foreclosure, the Williams had their day incourt, and won

The Williams family purchased at the top of thehousing market to accommodate their growingfamily. Unable to sell their previous home for

much of a profit when the housing bubble burst,their cash flow was crippled. I was worryingevery night. I was crying. We were fighting,"Candace Williams said. She and her husband,Scott, asked their lender for a modification twice,but were denied both times.

RealtyTrac: Foreclosure activity picked up in120 metros

The majority of metropolitan areas surveyed byforeclosure data firm RealtyTrac experiencedyear-over-year spikes in foreclosure activity in

2012. Of the 212 metropolitan statistical areasstudied by the California-based research firm, 120markets, or 57% of all surveyed MSAs, sawforeclosure activity pick up in 2012 whencompared to year earlier levels. The MSAs studiedmaintain populations of 200,000 or more.

The Banks Show No Mercy: 10 Foreclosure Horror Stories

During the last housing crash, the big banks begged the federal government for help and they received it, but whenaverage Americans ask the big banks for help most of the time the banks show no mercy whatsoever. If you fallbehind on your mortgage payments, the big banks have shown that they are willing to be absolutely ruthless. They willchange locks in the middle of the night, they will toss disabled veterans and families with children out into the street in

the middle of winter, and sometimes once the foreclosure process has begun they will not even allow someone tocome forward and offer to pay off the loan if they think that they can make more money by selling the home.
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TUESDAY, MARCH 5, 2013ACADEMIA ADVERSARIES ADVOCATES BLOGOSPHERE LEGAL LEGISLATE OP-ED HOMEOWNERS NEWS


Document-Traffic-Rings A Felony Except When Banks Steal Our Homes With Falsified Docs

Illegal residents sent to prison for counterfeit documents in Grand Rapids, Holland. A leader of a family-baseddocument-trafficking ring was sentenced Tuesday, Feb. 20, to five years in federal prison. J acinto Morales-Martinez,48, a previously deported citizen of Mexico, received a concurrent five-year term for returning to the U.S. after beingconvicted of an aggravated felony. Morales-Martinez had a leading role in the scheme to produce high-qualityPermanent Resident cards, or green cards, and Social Security cards for those illegally in the U.S., the governmentsaid....

Banks Use Punishment to Ditch TroubledLoans: Mortgages

Banks that agreed to help troubled borrowers aspart of a settlement with regulators overforeclosure misdeeds are spending most of the

promised aid on sales that displace homeownersand forgiveness that erases home equityloans from their books. Bank of AmericaCorp., J PMorgan Chase & Co. (J PM), and threeother banks in last years $25 billion.

Financial Reform's Triple "F" Rating

The lawsuit gets at a major problem at the heart ofthe credit-rating business: Rather than investorspaying rating agencies to assess the value ofsecurities it is the issuers of the securities

themselves who pick up the tab. It is naturally inthe interest of issuerstypically big banksforrating agencies to rate their products highly, whichincreases the chances investors will buy them.

DA's office looks into a possible foreclosurescam

The Santa Barbara County District AttorneysOffice is investigating a case of alleged loanmodification/foreclosure consultant fraud in theSanta Maria area. According to a press release

sent out on Jan. 25, the business in questionoperates primarily out of Los Angeles County,but has allegedly victimized many homeownersin Northern Santa Barbara County.

RI: AG Kilmartin still hasn't distributed most o fforeclosure-prevention funds

Close to a year after a historic, $25-billionforeclosure-abuses settlement was reachedbetween 49 state attorneys general and five of thenation's largest mortgage lenders, less than $2

million of the $8.9 million Rhode Island receivedfor foreclosure-prevention efforts has beencommitted for distribution. The $8.9 million forforeclosure-prevention work, which is just part.

LPS settles outstanding Attorneys Generalforeclosure issues fo r $127 million

"Today's settlements are another major steptoward putting issues related to past businesspractices behind us," said LPS President andChief Executive Officer Hugh Harris. "As LPScontinues to grow and exercise its leadership inthe mortgage industry, we remain committed to

enhanced regulatory compliance and operationalexcellence, which are crucial in our changingindustry."

Oregon nets $3M in another foreclosuresettlement

Oregon, along with 45 other states and the Districtof Columbia, has agreed to settle a case related tothe "robo-signing" of legal documents. LenderProcessing Services has agreed to pay $120.6million to settle the case. Oregon will receive $3million.LPS provided mortgage loan processing

and other services to banks, including Wells Fargoand J PMorgan Chase, and generated revenue of$2 billion in 2011.

Foreclosure Settlement Shuts Down Reviews: Banks Will Continue Bus iness As Usual

The harm categories on the published OCC/Fed matrix also proscribed non-financial remedies in allcases. Correcting a credit report is one of the mandated remedies banks were supposed to be on the hook for andits not clear if anyone will be making sure banks do this at all, let alone well or consistently. Credit reportcorrection, a non-financial remedy, is the remedy everyone is asking me about. Everyone knows that a bad orincorrect credit report can haunt you forever and if fraudulent or illegal actions by the banks caused a bad creditreport the bank should be responsible for wiping the slate clean for injured borrowers.
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WEDNESDAY, MARCH 6, 2013ACADEMIA ADVERSARIES ADVOCATES BLOGOSPHERE LEGAL LEGISLATE OP-ED HOMEOWNERS NEWS


The recession was her fault

The state and federal charges against Brown claim that she committed a conspiracy to forge and fabricate mortgagedocuments. But apparently it was a conspiracy of one. Nobody else participated in this scheme, at least according tothe statements of fact that the J ustice Department put out. They assert that Brown cleverly concealed her companysconduct from mortgage servicers, units of some of the largest banks. Thats simply bunk. Servicers may not haveknown the mechanics of DocXs fraudulent document executive, and may have nodded their head at Browns claimsof robust quality control practices. But thats just because they wanted a layer of plausible deniability in fact forcircumstances just like this. They wanted documents they could use in court to foreclose on homeowners as quicklyas possible.

Why Should Taxpayers Give Big Banks $83Billion a Year?

So what if we told you that, by our calculations,the largest U.S. banks arent really profitable at

all? What if the billions of dollars they allegedlyearn for their shareholders were almost entirely agift from U.S. taxpayers? Granted, its a hardconcept to swallow. Its also crucial tounderstanding why the big banks present such athreat to the global economy.

Jacqueline Barber Is Fighting For Her Life.Help Her Fight For Her Home!

Please demand that GMAC speed up the processand sell J acqueline her home back so she can

focus on fighting her cancer. J acqueline Barber isnot only fighting to stop US Bank and GMAC fromtaking her home, shes also fightingcancer. Thousands of people all over the countryread about J acquelines story.

13 arrested as 200 march on Wells Fargodemanding fair banking practices

Thirteen people were peacefully arrestedWednesday afternoon as they marched on WellsFargo Home Mortgage, demanding turnover ofvacant homes to community control and fair

banking practices. The march, organized byOccupy Homes MN, Neighborhoods Organizingfor Change, and allies from faith and laborcommunities, began at the home of GayleLindsey, fighting her foreclosure with OccupyHomes and her neighbors in the Foreclosure.

Home Builders Lobby Weakens DrywallLegislation

The measure was prompted by widespreadproblems with drywall, mostly imported from Chinato rebuild after Hurricane Katrina. The boardemitted high amounts of odorous sulfur gas,

triggering respiratory problems for residents andcausing household electronics to fail. ProPublicaand the Sarasota Herald-Tribune uncovered deepflaws with how the government dealt withcontaminated drywall in 2010 and 2011. TheConsumer Product Safety Commission, which.

'Zombie titles' haunt victims of homeforeclosure

COLUMBUS, Ohio - J oseph Keller doesn'texpect he'll live to see the end of 2013. Heblames the house at 190 Avondale Avenue. Fiveyears ago, Keller, 10 months behind on his

mortgage payments, received notice of aforeclosure judgment from JP Morgan Chase. Ina few weeks, the bank said, his three-storyhouse with gray vinyl siding in Columbus, Ohio,would be put up for auction at a sheriff's sale.

Consumer groups cr iticize new mortgage rules

When a loan meets the new lending criteriaoutlined by the CFPB, it will become a "qualifiedmortgage," which will protect banks from lawsuitsfiled by aggrieved borrowers or buyers ofmortgage-backed bonds. The qualified mortgage

standards invite abusive lending and erode theprogress made by Dodd-Frank, according to AlysCohen, the staff attorney for the NationalConsumer Law Center. Lenders can issuemortgages that are unaffordable in practice.

Elizabeth Warren, Elijah Cummings, Maxine Waters Call For More Transparency On Failed ForeclosureReviews

In a letter to the Office of the Comptroller of the Currency and the Federal Reserve, Sen. Elizabeth Warren (D-Mass.) and Rep. Elijah Cummings (D-Md.) wrote that "additional transparency" was necessary to ensure theconfidence necessary "to speed recovery in the housing markets." They asked regulators to turn over theresults of the performance reviews of the independent contractors hired to examine the loan files, as well as

detailed information about the reviews' preliminary results, to determine the extent of the harm to the 500,000people who applied to the program.
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THURSDAY, MARCH 7, 2013ACADEMIA ADVERSARIES ADVOCATES BLOGOSPHERE LEGAL LEGISLATE OP-ED HOMEOWNERS NEWS


Meet the Voice of Angry Homeowners

So, what's Senka angry about? The foreclosure mess for one thing and the fact that almost everybody associatedwith this outrage has made out like a bandit, literally, except those who've been robbed of their homes. Even themuch touted OCC consent agreements of April 2011 which forced a bunch of major bank servicers to hireauditors to examine the legitimacy of their 2009/2010 foreclosures has now bit the biscuit. The only ones walkingaway from this fiasco a lot richer are the auditing firms hired by their banking pals who've now been told theirservices are no longer needed, thank you very much, pick up your checks and deposit your conclusions (or lackthereof) in the nearest cross-cut paper shredder (a scenario now under Congressional scrutiny).

SIGTARP: Statement To Congress By ChristyRomero

In proposing high pay packages based onhistorical pay prior to their bailout, the TARPcompanies failed to take into account the

exceptional situation they had gotten themselvesinto that necessitated taxpayer bailout. Ratherthan view their compensation through the lensof partial Government ownership, the companiesargued that their proposed pay packages werenecessary to retain or attract employees crucialto the company paying back TARP.

Six Questions on the Latest Fannie, FreddieOverhaul Proposal

What objections are being raised? The reportdoesnt spell out where the capital would comefrom to build the new mortgage market. It doesnt

say how the existing infrastructure of Fannie andFreddie might be used to create the new market,and how or if the U.S. is to recover the nearly$190 billion investment it has in the twocompanies (after counting dividends that havebeen paid to the Treasury, the total cost of therescues are closer to $137 billion).

12 States Where Homeowners Are DeepUnderwater On Their Mortgages

1.4 million borrowers moved to positive equity(where homeowners owe less on their mortgage

than their home is worth) in the year through theend of Q3. This is according to CoreLogic's latestnegative equity report. But a whopping 10.7million or 22 percent of all residential propertieswith mortgages were underwater by the end ofQ3.

List prices fell in late 2012: Realtor.com

Despite an appreciation in home prices in the firsthalf of 2012, list prices actually declined in recentmonths and a growing number of housing markets

are actually reporting year-over-year listdeclines, Realtor.com reported. The supply ofhousing declined steadily throughout the year, andthe number of properties on the market inDecember dropped nearly 50% below levelsexperienced at the height of the housing.

Shiller Says U.S. Housing Market May DropFurther

A U.S. housing-market revival may prove illusoryand the threat of further weakness remains,said Robert Shiller, a professor at YaleUniversity and co-creator of the S&P/Case-

Shiller index of property values. The housingmarket has been declining for something like sixyears now, it could go on, thats my worry,Shiller told.

Squatter In Florida Oceanfront Mansion

But the 23-year-old Brazilian national does notown or even rent the palatial $2.5million estatelegally - he is a squatter. Barbosa, originally fromthe neighboring Pompano Beach, moved into 580Golden Harbour Drive in July Now he is

threatening to use an obscure real estate law thatallows people to claim a property as their own ifthey stay there for seven years. No onewitnessed Barbosa breaking into the 7,522.

The diary of a frustrated first-time homebuyer

Had I been surveyed, I would have marked the same thing as those 66%. Currently in the home searching process,I can attest to the shockingly low supply of homes on the market. After getting married nearly a year ago, myhusband and I have been living in an apartment. However, when our lease runs up in the middle of May, we arehoping to already be moved into a home. This is a hope that seems more and more unrealistic with each week thatpasses by. Every morning when I wake up, I diligently check my Redfin mobile app for any new homes that mayhave magically popped up over night. Theres always one or two that are in our price range, but just lack the

specifics of what we need in our first home.
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Weekend Edition - March 4, to March 8, 2013 - ForeclosureGate Gazette