Foreclosure Cases

Judge Shack of the New Jersey Supreme Court is letting lenders know that he's had enough of the lies and the fraud. He's taken a particularly tough stand against robo-signers like Erica Johnson-Seck, a OneWest bank employee who signs for multiple corporations including MERS, FDIC, OneWest and IndyMac Bank despite the fact that it no longer exists.

Nevada passed AB284 the "Foreclosure Fraud Reform" Bill on October 1, 2011 to tackle its mounting problem with fraud during the foreclosure process. The bill is designed to force lenders to do a full disclosure of foreclosure loan documents or face penalties. Given their past performance, lenders will likely turn their noses up until a few sanctions for violations have become public. Nevertheless, it will help homeowners and give lenders a little more rope to hang themselves. AB-284 request are being shipped off to servicing departments who consider it to be another meritless "qualified written request" which they are at liberty to reject. The future impact of Nevada's AB-284 promises to be interesting.

The Trouble with MERS

Support from the Courts

Do Your Homework!

Let's face it, no one cares more about your home than you do! With the number of fraudclosure cases growing daily, many attorneys are already overwhelmed. Educated homeowners tend to fare much better than those who rely on someone else to inform them about their options.

We highly recommend that you learn as much as possible about your lender and its cohorts (aka the default servicer, title company, short sale realtor or others who are part of the fraudclosure inner circle). Pay close attention to how they interact with each other and which players are involved at the various stages.

A quick review of your county's property records will reveal a fraudclosure pattern for your lender. On any given day, you may see that XX Title Company is handling the recordings of fraudulent, robo-signed foreclosure documents for ABC Default Servicing. You might also notice that during a particular week or month, there is a core group of robo-signers and robo-notaries who are signing ALL of the documents for MyOwn Lender. And if you look even closer, you just might notice that the same Exec at the company is signing off on all the sale deeds to Fannie Mae and Freddie Mac. Once you pick up the pattern you can put the pieces together easily for your day in court.

When you get organized and clear about what you want, you can avoid having conversations about solutions that are not in alignment with your desired goal.

The Florida Attorney General Reveals Foreclosure Fraud Patterns

The LEYVA Case

The RENSLOW Case

The Ibanez Case

Years ago MERS, the Mortgage Electronic Registration System, was created to make it easier for lenders to sell and securitize pools of mortgage loans. The theory was that loans could be funneled through MERS where the transfers of the mortgage would be "tracked" but not recorded. Additionally, that would save them a heap of money in recording fees.