Foreclosures slowing....thanks to legal scrutiny

FRAUDclosures slow ...due to scrutiny & spot-light in Judicial States

Photo courtesy of Oakland Press Blog
Foreclosures "appear to be slowing" ...how exciting is that?...especially for "news readers" at faux (Fox) news and CNN. That has to be good....right???....  WRONG!
Rather than competing against "propaganda" cranked out daily by Criminal Mortgage Servicers....let me simply introduce..... Abigail Field.

Abigail is a N.Y. based attorney. She is also an outstanding journalist with a knack of understanding the really complicated language of Mortgage Bank Speak  ...and translating it (dissecting the lies) and making it simple for us plain folk (homeowners).

She has a wonderful blog REALITY CHECK (HERE)

Abigail states the following: The Foreclosure Crisis Is Nowhere Near Over Yet
The decreased delinquencies, is a misleading fact. Sure, it’s true, but what does it mean? Does it mean that the foreclosure crisis is ending or winding down? No, it doesn’t, because the crisis isn’t. But when your brain picks up on the bolded language, that’s the (Banks & Servicers) implicit message: delinquencies are down, so the foreclosure crisis is easing....and then Abigail goes to shows how the headlines attempt to

Targeting the Courts...Due Process is the Solution, Not the Problem......
Well, the banks are doing just that: they are using their self-created foreclosure crisis to build pressure to dismantle judicial foreclosures. The bankers want it to be much cheaper and easier to take collateral with fraudulent documents. Which it is, in non-judicial foreclosure states.

Read: SPOTTING THE BANKERS LATEST PROPAGANDA CAMPAIGN (here)

 Illustration by Victor Juhasz-Rolling Stone
Related: Invasion of the Home Snatchers (here)
Matt Taibbi Rolling Stone shocker showing how Courts in a Judicial Foreclosure State (Florida) are helping Big Banks screw over homeowners.

Ohio Appellate downs DRONE - Lerner Sampson Rothfuss

BREAKING NEWS  

NEW OHIO 5TH APPELLATE COURT DECISION:

Attorney{Drone} Fail - Lerner Sampson Rothfuss - NO SHOW
A three (3) JUDGE panel gives BEAT DOWN and ADMONISHMENT
{¶30} "Upon review of the record...Appellants failure to appear at trial cannot be circumvented
{¶30} Appellant's own actions {stupidity} led to trial courts dismissal (of first fraudulent attempt)
{¶30} Appellant {Drone -LSR} was the architect of that {original failed} outcome

Affirm lower court ruling.  "For reasons stated {arrogance} the June 22, 2011 Stark County Court of Common Pleas {decision for homeowner} is affirmed"....

Slipping computer generated, shoddy and manufactured paperwork past lower court judges (old, out-of-touch, too busy) on a “fast track” to foreclosure…used to be easy! The judicial machinery spun out of control when directed by large Predator Drone Foreclosure Mills and their "Bench Warmers"(local counsel used to foreclose) seeking the revered “Green Light” rating (used by LPS Desktop Solutions). Unfortunately thousands of Ohioans lost their homes while these FRAUDclosure factories and drone filing attorneys operated openly in front of Ohio judges which unfortunately were asleep-at-the-wheel. (Link to report).

However, recent attention from the OCCUPY movement, highly regarded foreclosure defense attorneys and bloggers have turned the spotlight on the fraudulent and criminal behavior (of the Foreclosure Mills & Servicers) The robo-signing clearly showed that documents, legally needed to initiate foreclosures, were created and falsely executed. The attention has finally started to drown out the traditional lap dog media trained in "Bank-Speak."

Predator Drone Foreclosure Mills:

The mindless and legally void factory approach used to methodically ram-rod thousands of FRAUDclosures through the judicial machinery of Ohio’s 88 county Civil Court system appears to have finally hit a BUMP. Proof: recent published decisions coming out of some of Ohio's twelve Appellate Courts show that some judges are actually waking-up from a deep legal sleep. The Appellate courts have been routinely overturning and dismissing cases which had improperly awarded Summary Judgment to pretend lenders, bogus trust & trustees, and improper plaintiff parties.

Read full deposition - with admissions - of LSR employee Shellie Hill

NEW published decision out of OHIO 5th District Court of Appeals

Case: BAC, Inc. v. Booth, 2012-Ohio-487 (right click & open in New Tab)

Date: FEBRUARY 6th, 2012

Plaintiff: BAC Home Loan Servicing (FNA Countrywide)

Predator Drone Foreclosure Mill:  Lerner Sampson Rothfus (LSR) - Elizabeth S. Fuller

 

Elizabeth Fuller, {pictured above} apparently felt she needn't bother showing up for either mediation or even a trial. They{LSR} feel burdened if required to follow any Rules of LAW....especially time consuming mediation or worse...having to actually appear... for a trial! ...Yes - this is too much and "system overload" on the FRAUDclosure programming software. LSR employees {Drones} are used to typing in a couple "fill-in-the-blank" screens which "create" court-ready filings. The {LSR} computers are not programmed for trivial matters ....such as mediation. Additionally{LSR} cheap "bench warmer" attorneys.... don't actually practice law. The goal is to simply file some paperwork and get paid!

NEW OHIO 6TH APPELLATE COURT DECISION:
AFFIDAVIT FAIL from OHIO 6th District Court of Appeals

Case: Aurora Loan Services LLC v. Louis, 2012-Ohio-384 (right click & open in New Tab)

Date: FEBRUARY 3rd, 2012

Plaintiff: Aurora Loan Services (or Mayflower or Union Mortgage Services or Life Bank or ???)

Predator Drone Foreclosure Mill:  Javitch, Block & Rathbone L.L.P - Darryl Gomley

Similarly in a case highlighted below:
*A Wisconsin appeals court recently reached the relatively unremarkable, predictable, and certainly non-ground-breaking conclusion that {fraudulently created & robo-signed} affidavits filed by a foreclosing lender that are not based on the "personal knowledge" of the affiant are insufficient to establish a basis for summary judgment.

*What does merit note is that, in reaching its ruling, it reversed the decision of Jefferson County Circuit Court Judge Jacqueline R. Erwin, the lower court judge who apparently didn't have a problem with these obviously flawed affidavits in deciding to allow the foreclosure to go forward. Unlike the vast majority of cases, the homeowner/couple here exercised their right to have an appellate court review, a right that most homeowners in foreclosure are unaware of....(Get an Attorney)

Wisconsin APPELLATE COURT DECISION:

 AFFIDAVIT FAIL from WI. Court of Appeals District IV
 

Case: Bank of New York v. Cano, No. 2010AP477,  (right click & open in New Tab)

Date: January 20th, 2011

RE: Appeal of: Cir. Ct. No. 2007CV242

¶ 13 The Bank submitted two {fraudulent} affidavits to support its motion for summary judgment: one by an attorney for the Bank, and one by an agent for BAC Home Loans Servicing, L.P., f/k/a Countrywide Home Loans Servicing, L.P

¶ 16 We conclude that the Bank's affidavits do not establish a prima facie case for summary judgment...Nothing in the attorney's affidavit indicates that the attorney's averments as to the Canos' payment history are based on personal knowledge...

¶ 17 As we explained.... an affidavit must establish a prima facie case that attached payment statements are admissible evidence under an exception to the hearsay rule to support a motion for summary judgment.....Thus, for the statement of the Canos' payments to support a motion for summary judgment, the affidavit must establish that the affiant "is qualified to testify that: (1) the records were made at or near the time by, or from information transmitted by, a person with knowledge; and (2) this was done in the course of a regularly conducted activity." Palisades, 324 Wis. 2d 180, ¶ 15. The attorney's affidavit contains no such averments

¶ 18 The BAC agent's affidavit is similarly flawed. The agent {lies and commits fraud by robo-signing and} avers that his knowledge of the Canos' default on their mortgage is based on his access to the financial records for the Canos' mortgage, yet no financial documents are attached to the affidavit...We conclude that the Bank has not established a prima facie case for summary judgment. Accordingly, we reverse and remand for further proceedings.

* Write-up from fine blog: The Home Equity Theft Reporter Cases & Articles

The Appellate courts (which are are feed up) are no longer awarding a “Free Home” to the fake lender/servicer/plaintiff. They are making the foreclosing party PROVE UP & SHOW UP. Although I don’t see the Predator Drone (Mill Firms) FRAUDClosure efforts stopping. The good judges, are apparently helping the "blindfolded lady" ...balance....the Scales of Justice. Thank You OHIO Judges! for getting it right!

American Homeowners: "We've Had Enough"

            OUTRAGE to ACTION - Homeowners say "Enough"

 More and More people take to the streets - tired of big banks "legal shakedown"
 Looting Main Street Rolling Stone & Victor Juhasz

Everyday OHIO FRAUDclosure blogspot receives emails ....from ordinary American Homeowners. The emails....surprisingly come.... from all 50 states and always contain a simple request - please help!

The story's are frightening, compelling and heartbreaking. Each morning, after reading through just a few of these emailed stories ...a feeling of sadness and heartfelt compassion (for homeowner) is followed up by an overwhelming feeling.... of outrage!

I know....through this blog...I can only do so much. We've had some successes - by matching up some really good foreclosure Attorneys ....with homeowners ....that have been criminally abused by the Banks, Mortgage Servicers and the Court System.

For OHIO Homeowners - we've made a major impact through our groundbreaking action....of being the only known social media source to have submitted an Amici Brief to a State's Highest Court. (HERE: in US Bank v Duvall). We helped draw, via the Internet and this blog, much needed attention and legal arguments to an otherwise unremarkable and unnoticed case. At the time of our first post (HERE) there was NO COVERAGE through existing mainstream media sources (Newspaper, Radio, or TV). We can only hope that we've helped shape future outcomes and case law, and level the legal landscape in a positive manner. We believe our efforts benefit ALL OHIO homeowners, which continue to suffer the indignity of FRAUDulent foreclosure and other criminal acts and behaviours perpetrated by "Wall Street"

Beginning today, choose to support ANY EFFORT that is willing to stand up against the Big Banks and their FRAUDclosure Machines. Regardless of your city or State...YOU MUST help!

I challenge anyone ...to watch the below videos ....and continue to do NOTHING.
Lets take back MAIN STREET......by taking down .......WALL STREET

                           OCCUPY WALL STREET
Zuccotti Park, has unexpectedly become a headquarters for thousands of people from around the US to peacefully demonstrate within view of the financial district & Wall Street
                   People are gathered here....to protest..... financial inequity!
Watch this Keith Olbermann Countdown segment with filmmaker Michael Moore



Sept 24th - 80 Arrested as Financial District Protest Moves North
Sept 27th - Park Gives Wall St. Protesters a Place to Call Home
Matt Taibbi - Rolling Stone - 'Occupy Wall Street': Drawing the Battle Lines

STAND UP......BE HEARD......DO SOMETHING
Just Watch the below - Last Word Segment from MSNBC's Lawerence O'Donnell
You won’t see this Video, Coverage or Commentary in the mainstream news



10-1-11        OCCUPY WALL STREET    Boston, MA.
BOSTON - 10-1-2011   Police have arrested two dozen protesters of the over 3,000 activists for trespassing during a demonstration against Bank of America's foreclosure practices at the banking giant's offices in downtown Boston
Tone deaf and overpaid  Bank of America spokesman T.J. Crawford:
                        "This is a publicity stunt"
Really T.J...a publicity stunt..can't wait to hear from you on the new $5 a month debit card fee!


Our two fellow activist bloggers from Florida...Chose to MAKE A DIFFERENCE
Lisa (of Foreclosure Hamlet) and Michael (of 4closurefraud) are featured here:

FHFA Set to Sue Big Banks and Wall Street Firms

            

Explosive News.…. or …........Flash Bang …....you decide 

UPDATE: Friday 9/2/2011
17 Financial Institutions named in Lawsuit Filed in Manhattan Federal Court    

According to   shocking FRONT PAGE HEADLINE the

U.S. Is Set to Sue a Dozen Big Banks Over Mortgages

Something is NOT right! This "Announcement" of lawsuits (NOT yet filed) filed on Labor Day Friday simply DOES NOT pass the smell test. Something is really wrong here! I guess we'll find out the "real reason" for this explosive (news? lawsuit? diversion?) in the coming:

1) Days (from the Federal Housing Finance Agency - Really!) or intertwined in Obama's "Job Creation" speech being allowed next Wednesday?, or Thursday by John Boehnor

2) Weeks (When we see the 50 state {46} AG settlement {forgiveness figure})

3) Months (When the bloggers, pundits, & non "Bank Speak" media tell us the real reason)

HELLO  - Matt Taibbi - of Rolling Stone...can you take my call? and give me the real story! Regardless, I'll post your full article with the TRUTH (for this major smokescreen) Hopefully you will be releasing it in the September...oh darn...I mean... October issue.

HELLO  - Yves Smith - of Naked Capitalism please post the truth....ASAP

UPDATE: Friday 9/2/2011
17 Financial Institutions named in Lawsuit Filed in Manhattan Federal Court
The institutions are listed alphabetically below:

1. Ally Financial Inc (formally GMAC, LLC )
2. Bank of America Corporation
3. Barclays Bank PLC
4. Citigroup, Inc.
5. Countrywide Financial Corporation (KNA Bank of America Corp.)
6. Credit Suisse Holdings (USA), Inc.
7. Deutsche Bank AG
8. First Horizon National Corporation
9. General Electric Company
10. Goldman Sachs & Co.
11. HSBC North America Holdings, Inc.
12. JPMorgan Chase & Co.
13. Merrill Lynch & Co. (AKA - First Franklin Financial Corp.)
14. Morgan Stanley
15. Nomura Holding America Inc.
16. The Royal Bank of Scotland Group PLC
17. Société Générale

FHFA HAS SHOCKING NEWS....BEING REVEALED....3 YEARS LATE(R):

According to the reporter - Nelson Swartz: "the suits" will argue the banks, which assembled the mortgages and marketed them as securities to investors, failed to perform the due diligence required under securities law and missed evidence that borrowers’ incomes were inflated or falsified. (REALLY!)

MORE SHOCKING:......Besides the "angry investors" (Say Who?) the long asleep at the wheel and paid-off 50 state attorneys generals (zzzzzzz) are in the final stages of negotiating a settlement (soft landing - minuscule payout) to address abuses, crimes and out right fraud perpetrated by the largest mortgage servicers, including Bank of America, JP Morgan and Citigroup. The attorneys general, as well as federal officials, are pressing the banks (to make political donations or have) to pay at least (a paltry) $20 billion, with much of the money earmarked to reduce mortgages of homeowners facing foreclosure. (Not a fuxxing chance!...who are they kidding...like the banks will look hard to find that homeless family..... and give them their $85 settlement check!)

"SMELL TEST" FAILURE:
Bank officials also counter that further legal attacks on them will only delay the recovery in the housing market, which remains moribund, hurting the broader economy. Other experts (who are these experts?) warned that a series of adverse settlements costing the banks billions raises other risks, even if suits have legal merit. YES YOU READ IT RIGHT - LET THE CRIMINALS GO FREE - OTHERWISE -THE ECONOMY WILL SUFFER!

Bank Speak: “While I believe that F.H.F.A. is acting responsibly in its role as conservator, I am afraid that we risk pushing these guys off of a cliff and we’re going to have to bail out the banks again,” said Tim Rood, (who worked at Fannie Mae until 2006 and is now a partner at the Collingwood Group, which advises banks and servicers on housing-related issues) FOX IN SHEEP'S CLOTHING ASKED TO COMMENT  - ON THE HEN HOUSE  - HE USED TO HELP WATCH OVER (WOW!)

3 Insiders responsible for timely leak : “according to three individuals briefed on the matter" [T]he suits stem from subpoenas the finance agency issued to banks a year ago. (Yawn !)

The "Bad Economy" Excuse and Phony Fraud "Cover-Up" language: ..But privately, financial service industry executives argue that the losses on the mortgage-backed securities were caused by a broader downturn in the economy and the housing market, not by how the mortgages were originated or packaged into securities. (Are you Fuxxing kidding me!..What insiders...said this!!) In addition, they (who?) contend that investors like A.I.G. as well as Fannie and Freddie were sophisticated and knew the securities were not without risk.

Some sobering Numbers from the two companies taxpayers own - As of June 30, 2011:
FREDDIE MAC holds more than $80 billion in mortgage backed securities
(backed by "crappy" and "Shxxy" sub prime mortgages, Option ARM and Alt-A loans). 
FANNIE MAE holds $38 billion of mortgage securities
(backed by Alt-A and sub prime loans)
The combined $120 BILLION portfolios - expect $35 BILLION (29%) to be worthless

I have to go now ..as ...I'm "throwing up" in my mouth (as my daughter describes this nausea)
Below is more coverage of this "NEWS"

Forbes: Banks Face Painful New Mortgage Lawsuits, U.S. May Seek Up To $30 Billion In Losses

ZERO HEDGE BLOG : Tyler Durden  (He too... questions this..suspect announcement!)

BOEHNER PLAN - Fails Ohio & Nation - Again

"And when I saw how out-of-touch Washington had become with the core values of this great nation,... I put my name forward and ran for office."...John Boehner Election Night Speech (November 2, 2010)

Boehner: you see all these little kids running around….(sniffle- sniffle)…I can’t talk about it

Leslie Stahl: Why? (can’t you talk about the kids without crying?)

Boehner: ...making sure these kids… have a shot at the American Dream….. like I did.

Funny - we can't find any recent videos of Boehnor "Crying." How could he suddenly stop shedding tears ...with his heart wrenching "American Dream" story? Even Stranger...not a SINGLE DEMOCRAT in the HOUSE OF REPRESENTATIVES voted for his failed effort (Boehnor Plan) to have 'out of touch Washington return to our core values.' Apparently fellow working class representatives didn't fall for the crocodile tears and "I'm just like you" or his American Dream story.

Chip Somodevilla/Getty

Dateline: November 2, 2010 - Exactly 9 months ago, on election night 2010, just after learning the GOP had taken majority control of the House of Representatives, an emotionally charged John Boehner (OH) with his voice trembling... addressed the crowd:
"....Listen, I hold these {American} values dear because I've lived them. I've spent my whole life chasing the American Dream.... I started out mopping floors, waiting tables, and tending bar at my dad's tavern. I put myself through school working every rotten job there was and night shift{s}, [A]nd I poured my heart and soul into running a small business. "And when I saw how out-of-touch Washington had become with the core values of this great nation,... I put my foot in my mouth -again and ran for office"

It took only 9 months to forget the Dream and instead ... spew "Wall Street Speak."
August 2, 2011 - The US debt ceiling will be raised, while a no longer crying John Boehner(OH) continues his front and center theater,  lies, distortions, and half-truths buried in rhetoric. In the meantime- the REAL funded by Wall Street  John Boehnor is revealed below:

Matt Taibbi of Rolling Stone opens this brilliant piece on Ohio's Wall Street "hack"...
....John Boehner is the ultimate Beltway hack, a man whose unmatched and self-serving skill at political survival has made him, after two decades in Washington, the hairy blue mold on the American congressional sandwich....The Crying Shame of John Boehnor 

Read an excellent piece by Zach Carter for the Huffington Post:

John Boehner Fights Foreclosure Relief - As Crisis Ravages His Ohio District

Previous Ohio FRAUDclosure posts - uncovering Boehnor as a Wall Street sell-out:
John Boehner - US House speaker - sheds no tears for American Homeowners especially in home state of OHIO

Golfing Ohio leaders "out of touch" with main street

Brian Williams of Dateline NBC gets to the core of the gridlock on "the hill"
John Boehner is quoted.. as if he's playing some type of video game "I'm a Happy Warrior." This is Boehnor's proud accomplishment...  the grid-lock and impasse created in Congress? NBC Dateline Program Jul. 31: 'Taking the Hill: Inside Congress'