SECOND VICTORY FOR BORROWERS WITHIN 4 HOURS ON SAME DAY: GEORGIA FEDERAL COURT VACATES ITS OWN PRIOR ORDER REQUIRING BORROWERS TO MAKE MORTGAGE PAYMENTS INTO REGISTRY OF COURT

July 23, 2009

July 22, 2009 was a day of coast-to-coast victories for borrowers. Earlier in the day, we reported the decision of the Superior Court of California which enjoined eviction proceedings of IndyMac Bank in a case where the borrower alleged fraudulent alteration of loan documents and a fraudulent underlying foreclosure. The afternoon of July 22 [...]

Filed under: Uncategorized | Comments (0)

SUPERIOR COURT OF CALIFORNIA ENTERS COURT ORDER ENJOINING INDYMAC BANK, FIRST FEDERAL BANK OF CALIFORNIA, NDEX WEST LLC, AND ONEWEST BANK FROM COMMENCING ANY UNLAWFUL DETAINER ACTION AGAINST BORROWER OR SELLING, TRANSFERRING, ENCUMBERING OR CONVEYING TITLE TO BORROWER’S PROPERTY DURING PENDENCY OF BORROWER’S LAWSUIT AGAINST INDYMAC AND OTHER DEFENDANTS

July 22, 2009

In yet another victory for borrowers, a California Superior Court has today entered a Temporary Restraining Order enjoining Defendants IndyMac Bank, First Federal Bank of California, NDEx LLC, and OneWest Bank from commencing any unlawful detainer (eviction) action against the borrower or selling, transferring, encumbering, or conveying title to the borrower’s residential real property during [...]

Filed under: Uncategorized | Comments (2)

Foreclosure Offense: California Man Faces 147 Felony Counts In Alleged Real Estate Investment/Ponzi Scheme; Parents, Friends Head List Of Victims Claiming Losses Of $5M+

July 20, 2009

In Santa Barbara, California, The Tribune reports:

Hard money lender Mike L. Wilson, a Santa Maria mortgage business owner with many San Luis Obispo County clients and real estate investments, was arrested at his Santa Maria home [...] on 147 felony counts. Wilson, 55, [...]

Filed under: Uncategorized | Comments (1)

NEW JERSEY COURT DISMISSES FORECLOSURE FILED BY DEUTSCHE BANK FOR FAILURE TO PROVIDE DISCOVERY AS TO OWNER AND HOLDER OF NOTE, SECURUTIZED TRUST DOCUMENTS, AND OTHER DOCUMENTS DEMANDED BY BORROWERS

July 14, 2009

In a stunning victory for borrowers, a New Jersey court has dismissed a foreclosure action filed against the borrowers by Deutsche Bank Trust Company America as alleged trustee for a securitized mortgage loan trust after Deutsche Bank willfully, and despite the entry of three (3) separate court orders, refused to produce documents demanded by the [...]

Filed under: Uncategorized | Comments (6)

Foreclosure Offense: Consumer Advocate Calls For Ban Against Upfront Fees For Loan Mod Help Or Any Comp Unless Mortgage Workout Actually Helps Distressed Homeowners

July 14, 2009

The Cleveland Plain Dealer reports:

The National Consumer Law Center [NCLC] is calling for a ban on advance fees for loan modification help and a federal rule that no one can charge homeowners fees unless the loan modification actually helps homeowners [...]

Filed under: Uncategorized | Comments (1)

Foreclosure Defense: Bankruptcy Judge Hammers Mass. Money Lender Accused Of Predatory Practices By Piling Up Loan Charges, Wrestling Property Ownership Away From Borrowers

July 6, 2009

In Worcester, Massachusetts, the Worcester Telegram & Gazette reports:

A loan repayment demanded at gunpoint, effective interest rates exceeding 41 percent and a near decade-long litany of coercion and strong-arm tactics left two borrowers “between the proverbial rock and a hard place,” [...]

Filed under: Uncategorized | Comments (0)