What’s MERS? We’ll ALL soon know their importance (via News Unwrapped)

I’ve written about MERS several times, most recently  MERS And Ownership and A Thirty Dollar Fee?

I’m astonished that any lawyer would have encouraged a mortgage bank into this kind of deal, but it was one of those free money things. Any bank using the MERS system paid no property transfer fees like everyone else. So, it was worth millions of dollars to use that system even though it had never been authorized by law in any state.

This is big news. If property cannot be transferred using the MERS system, hundreds of thousands of mortgage foreclosures were done outside the law and hundreds of thousands of pending foreclosures will not be possible.

(This web site, News Unrapped, is brand new and I would like my readers to take a good look at it and consider subscribing. jp)

James Pilant

What's MERS? We'll ALL soon know their importance BREAKING FINANCIAL NEWS >>> This is very big happenings for the entire financial system, including but not limited to banks and investment bankers , real estate owners and investors, stock owners (and all associated with that industry), as well as all of us who exist and are subject to market movement. For sure, there will be lots and lots of spin on t … Read More

via News Unwrapped

PB POST | Lawyer Ben-Ezra held in contempt over ‘fraud’ in foreclosure filing (via Foreclosure Fraud – Fighting Foreclosure Fraud by Sharing the Knowledge)

I like this. Too long has the foreclosure industry lived without legal retribution for their crimes. I have argued for months that robo signing and false affidavits were contempt of court. Well, at least one judge agrees with me.

I like this site. If you have the slightest interest in the mortgage crisis, it should be on your favorites.

James PIlant

PB POST | Lawyer Ben-Ezra held in contempt over 'fraud' in foreclosure filing Lawyer held in contempt over ‘fraud’ in foreclosure filing By Kimberly Miller and Christine Stapleton Palm Beach Post Staff Writer A day after federal mortgage giant Fannie Mae fired the prominent law firm of Ben-Ezra & Katz, a Miami judge found the firm’s founding partner, Marc Ben-Ezra, in contempt of court for filing “sham” foreclosure documents and “wasting the court’s time.” On Thursday, Fannie Mae cited document “execution issues” as th … Read More

via Foreclosure Fraud – Fighting Foreclosure Fraud by Sharing the Knowledge

Google Foreclosure Maps–no longer available (via Dregs of the Future)

Take a long last look at accurate maps of the foreclosure crisis. Google says they have low usage. Maybe they just have a high level of influence suggesting a better use of their time. Well, it’s gone. Here’s one more look.

James Pilant

Google Foreclosure Maps--no longer available  Searches for real estate foreclosures on Google Maps are censored no longer possible. Google has announced removal of all real estate listings from their Google Maps platform on February 10th of this year (2011). Google posted this: In part due to low usage, the proliferation of excellent property-search tools on real es … Read More

via Dregs of the Future

DYLAN RATIGAN: FORECLOSURE FRAUD; $45 TRILLION DOLLARS (via Dylan Ratigan Show)

A family seizes their home back from the banks.

It’s pitiful that Americans have to take justice into their own hands.

James Pilant

Foreclosure Fraud – Lawyers Cannot Support Fraud

An attorney discusses widespread fraud and attorney participation.

This is devastating to the banks.

James Pilant

Hello! (via 4closuredefenseattorney)

Another lawyer has joined the good fight in the battle over Mortgage Foreclosures.

Please extend a warm welcome to Cynthia Starkey at her web site.

James Pilant

This is my first attempt at blogging, but I think it is the best way to keep people informed about what is happening in the world of foreclosure defense. Me? I have been a lawyer for twenty (plus) years (yikes… time flies!) I have always practiced in the commercial litigation area (civil law) – primarily businesses suing other businesses. Eleven years ago, I started an estate planning practice. I prepare wills, trusts and other estate planning … Read More

via 4closuredefenseattorney

Guest Post | Stay Calm, Remain in Your Homes (via Foreclosure Fraud – Fighting Foreclosure Fraud by Sharing the Knowledge)

We have many crises going on all at once. Why?

A convergence point has been reached. The foreclosure crisis is one element in a series of development.s In the United States, the critical development has been the continuous conversion of the economy from manufacturing to finance. Everything else flows from that.We make and less actual products each year. Our primary source of income as a nation is financial innovation.

Manufacturing requires large capable work forces to function. Finance requires a handful of people.

A huge financial sector demands several policies. 1. Free trade, in particular, the free movement of money and credit across national borders. 2. Relentless inflation control, this involves suppressing wage pressure and allowing economic growth only in a controlled manner. 3. As little taxation or no taxation on anything related to their operations. The people of the United States bear the principal burden of taxation. The financial sector has incredible profits while other parts of the economy flounder. Yet the tax burden does not shift to follow the money. 4. A intertwining of the government and the financial sector. More and more the government appears to be an arm of investment banking. The government insures the great financial houses of protection from failure. The government provide inexpensive loans for these companies. The government works with frantic intensity to control inflation. 5. Diminished public spending and the rigorous control of all social programs from education to unemployment insurance. This is to justify continuous cuts in taxes and to shift the burdens of a civilization from organizations to individuals. 6. This is a characteristic no often mentioned, but I kept finding it in report after report. A frantic, bizarre mania for numbers indicating a perception of higher form of reality, the music of the spheres. 6. Natural resources, in particular, basic human needs like water are to be divided for use by the private sector. 7. All endeavors from the military to the public schools must be converted from the public to the private, regardless of the outcomes. 8. An almost religious determination to follow the markets wherever they lead, cheaper workforces, better purchasers. 8. A visceral contempt for Americans under a certain income level. The “lower” classes are considered to be lazy, self-indulgent, burdens upon the elite producers. This is indicated by the absence of influence by the middle class on any policy decisions and the continuous development pf the doctrine of personal responsibility demonstrated by such changes policies as bankruptcy “reform” to student loan collections.

The change is focus from producing things to manipulating money might seem to be the most significant change here, but it is not. There is one overriding change that anchors and justifies all the others. The most important change over the past fifty years has been the development of a philosophy justifying profit taking over all other values.

When one part of society did something to damage the social order there were countervailing ideas. We can see this in the Progressive movement, the New Deal, the Fair Deal and the Great Society. Other ideas of how things should work. We as a society called upon a variety of intertwining values to make decisions. But these are no longer considered valid. In the past, there could have been calls to patriotism. These are irrelevant in modern business philosophy. There could have been calls to God and religion. These are irrelevant in modern business philosophy. There could have been calls to the great philosophical systems of history. These are irrelevant in modern business philosophy. There could have been a call to righteousness or ethics. There could have been a call to the rule of law. These are all irrelevant.

For a single nation, only Kafka could explain the motives and values of the financial class. But for international business, the logic is clear.

Here is a posting about these changes beginning with the foreclosure crisis.

George Mantor writes this piece. He has his own web site at Keepin’ it real.

Stay Calm, Remain in Your Homes This is standard advice in times of emergency.  The principle is simple and logical. Authorities are dealing with limited resources in a critical environment wheGuest Post | Stay Calm, Remain in Your Homesre every second counts.  The fewer events and people they need to deal with, the more effective they can be. If you know me, you know that I am upbeat and positive by temperament and challenges don’t faze me.  I’m pretty level-headed, and I do my own thinki … Read More

via Foreclosure Fraud – Fighting Foreclosure Fraud by Sharing the Knowledge

NJ | Sheriff’s Officers Accused Of Emptying Wrong Home In Botched Foreclosure (via Foreclosure Fraud – Fighting Foreclosure Fraud by Sharing the Knowledge)

There are few assaults upon our dignity as crushing as the theft of all of our possessions. It is not so much the large items like refrigerators and televisions that are missed. Humans attach value to the strangest things. Instead of the microwave they lament the loss of their wedding pictures. When logic would dictate the loss of the computer should be the first cause of regret, they think of the old worn chair that has sat in the living room for years. Considering the great value placed upon personal privacy and possessions, would it not seem logical and prudent that those entrusted with the safety of the public should investigate and seek to punish the guilty. But the investigators would only need a mirror to discover the perpetrator of this crime, law enforcement itself.

It seems unfair that the bank never has to worry about these mistakes in judgment. It seems unfair that the bank, should use so many public resources to serve its interests.

The victim is asking $500,000 dollars in damages.

That seems fair, first, to recompense her for damages and second, to discourage the sheriff and his deputies from any more random home raids.

James Pilant

NJ | Sheriff’s Officers Accused Of Emptying Wrong Home In Botched Foreclosure Sheriff’s Officers Accused Of Emptying Wrong Home In Botched Foreclosure HILLSIDE – A 76-year-old Hillside woman has filed a claim for damages against Union County, alleging that officers of the county sheriff’s department illegally entered her home and removed the entire contents because they had the wrong address of a foreclosure. In the document, obtained by Tina Renna of The County Watchers, Ozzie Leak claims that Union County Sheriff Ralph F … Read More

via Foreclosure Fraud – Fighting Foreclosure Fraud by Sharing the Knowledge

Affidavits Not Enough to Prove Ownership of a Mortgage Note (via DANNLAW)

A Bank?

For almost two years banks have been foreclosing on homes and many times the only evidence of ownership was a notarized piece of paper with the signature of a “robo-signer,” often a person with no legal training whatever, often people who had no concept of the effects of the documents to which they attached their names.

In Deutche Bank v. Triplett, the banks were told, “No.” This is part of a chain of decisions where the courts have said to the banks, “You cannot foreclose without actual documents showing ownership (my interpretation).”

In other words, signing a notarized statement that your bank owns the property is not enough to foreclose on property.

With the MERS system in use by many of the big mortgage firms (Countrywide for example), there is an absence of proper paperwork in at least hundreds of thousands of cases. MERS only has computer records, no paperwork. This computer program run by a private company saved banks from the hassle of going through the process of changing ownership without bothering with that time-consuming paperwork like filing documents at the county court-house or paying the state mandated fees for transferring ownership.

Some judges believe that evading state law and taxes is illegal.

If you want to understand MERS, go to my article here –MERS And Ownership or here – Congress Leaps In To Protect The Banking Industry?

Building on the landmark Wells Fargo v. Jordan Decision, Ohio’s 8th District Court of Appeals (Cuyahoga County) ruled this week that an affidavit alleging that a foreclosure plaintiff held the note prior to filing of a complaint for foreclosure is not sufficient evidence to support a foreclosure judgment. In Deutche Bank v. Triplett, the court of appeals held: “… Deutsche  Bank’s affidavit of ownership, sworn out more than a year after the fore … Read More

via DANNLAW

California AG to Use $6.5M Settlement to Help Foreclosed Homeowners (via Loaning4Less.com™)

There was fraud in many home mortgages. We should see more of these cases but California is one of the few states where there have been prosecutions.

It is difficult to convince me that with Countrywide’s vast portfolio that this practice was uncommon. One of the best ways to defraud a homeowner is to sell him on the idea of cheap credit, lowering his monthly payments, knowing all along the loan will revert to a floating rate. That new interest rate produces a devastating increase in monthly payments forcing foreclosure. This is fraud. Conning people into home loans is what the great lecturers on personal responsibility claim was a rare event.

I don’t think so.

Here is one of my articles on this subject – Bank of America Sued Over Countrywide Mortgage Related Investments

James Pilant

California AG to Use $6.5M Settlement to Help Foreclosed Homeowners California Attorney General Kamala Harris announced Friday that the $6.5 million settlement from two former Countrywide Financial Corp. executives will be used to establish a fund to help foreclosed homeowners. The settlement comes from a litigation that began more than two years ago against Angelo Mozilo and David Sambol. According to the lawsuit, Countrywide lured buyers with low teaser rates, sometimes as low as 1 percent, and failed to inform … Read More

via Loaning4Less.com™