TILA Rescission
In some cases this may be your most potent weapon to combat foreclosure! If there are material violations in your loan documents, and you have a refinance transaction within the last three years you may have a right to rescind your loan. FEDERAL TRUTH IN LENDING LAW The Truth in Lending Act (TILA) is THE cornerstone of consumer credit legislation. The Statute is Congress’s effort to guarantee the the accurate and meaningful disclosure of the costs of consumer credit and thereby to enable consumers to make informed choices in the marketplace. See 15 U.S.C. § 1601(a). The Act is designed to protect borrowers who ...
Trial Plan Fraud
Have you been DOOPED by your Lender or had your Loan Modification Denied after a Trial Plan? There is a new pandemic that we have been seeing - the Lender or Loan Servicer GIVETH and then they TAKETH AWAY. Is this within the lenders / servicers legal rights? TRIAL PLAN FRAUD: WHAT IS IT - AND CAN ANYTHING BE DONE TO STOP IT? The following is general legal information only and should not be relied upon as legal advice or a substitute for legal advice. For specific advice, contact an attorney. Steve Vondran, Esq. is a Real Estate Attorney licensed to ...
Bankruptcy
Bankruptcy Chapter 7 Services for California and Arizona Residents. In some circumstances, it may be in a persons best interest to file for Chapter 7 or Chapter 13 bankruptcy. A BK filing creates an "automatic stay" that all creditors must honor. In some cases, borrower are seeking to "lien strip" second mortgages or rescind their loans through Bankruptcy. The following is a general overview of the process for filing bankruptcy in the State of Arizona. Additional steps may be required depending upon the nature of your case. Please consult an Arizona bankruptcy attorney. Meet with your Attorney to discuss your case. Basically ...
Option Arm Loans
There are Legal Challenges you may be able to raise to challenge Predatory Option Arm Loans. As most people already know, the Option Arm loan is the one of the most predatory loan products the financial wizards have ever produced and marketed. These loans are resulting in "payment shock," loan default, and leading many homeowners toward foreclosure. The Attorney Generals of several states have sued major lenders for deceptively marketing this product on a nation wide basis. THERE ARE SOME POTENTIAL LEGAL CHALLENGES TO THE OPTION ARM LOAN WHICH MAY HELP SAVE YOUR HOME FROM FORECLOSURE: The loan is inherently unconscionable (arguments ...
WELCOME TO THE FORECLOSURE DEFENSE RESOURCE CENTER!
This website is provided by the Law Offices of Steven C. Vondran, P.C., as a general information website that seeks to educate California and Arizona Homeowners (we are only licensed to practice laws in these two states, and only seek to solicit clients in these two states).Foreclosure Defense Topics we will cover include: Truth in Lending (in many cases your most powerful weapon to stop foreclosure), Forensic Loan Audits, Predatory Loans and Potential Causes of Action, Lis Pendens, Deficiency Judgments, Trial Plan Modifications, and more.
California Short Sale Realtor Allen Brodetsky talks about the sizzling Short Sale marketing in CA
Need to learn more about California Short Sale trends for 2012 – Listen in to our real estate radio show free? We have a great show coming up on the VONDRAN LEGAL HOUR (out internet real estate radio show). Listen in as we invite California short sale realtor Allen Brodetsky of Boutique Realty onto the show to discuss the important foreclosure prevention topic of Short Sales and how they... [Read more of this post]
California Attorney General not keen on foreclosure settlement
California Attorney General not real keen on talks of banks settling foreclosure cases. She does not want to allow banks to settle cases that have not been investigated. Read more here. Here is more on the foreclosure settlements with the California Attorney General from the LA Times. Californian’s for a Fair Settlement are urging Harris to reject any offers that do not include principal... [Read more of this post]
California Bailout Hangover Continues
California Financial Hangover likely to continue in 2012 Read More →
TILA amendment requires that you get a disclosure when there is a new owner of your loan per Section 131(g) of TILA
We have said all along that notes are getting passed around like a whiskey bottle at a frat party. Fine, the banks are allowed to sell your loans to another party. But you are legally entitled to get notice of this transfer to a new assignee of a consumer loan. Yes, it is a legal right you have, even if you are in default, and even if you are in foreclosure. This is a law passed that amends... [Read more of this post]
O.J. Simpson (“the juice”) in foreclosure?
OJ Simpson in foreclosure? Read More →
Another unbelievable Foreclosure Blues Song by the master Ryan Tracey!
Give this a watch and listen. Help spread the word by passing it on- the Foreclosure Blues! Read More →
Foreclosure Blues Song give it a listen and pass it on!
Give it a listen and pass it on if you like it! http://www.youtube.com/watch?v=Rtxq_pGCrd0 Read More →
Deficiency Judgments in California and the “sold out junior” can the second come back at you despite the one action rule?
Hello everyone. We almost made it to 2012, a year that promises more of the same in the foreclosure and short sale business. We should continue to see a trend with more foreclosures, more short sales, and more problems dealing with the major lenders and loan servicers. This article discusses the problem of liability following foreclosure or short sale in California. This is a very important... [Read more of this post]
Bank of America “Independent Foreclosure Review” only for the “financially inured”?
HO HO HO – Bank of America may be giving away cash TO THE FINANCIALLY INJURED under new INDEPENDENT FORECLOSURE REVIEW Here is an interesting one. My friend brought over a mailer he just received from Bank of America which informs him that he may be entitled to money damages if he was in foreclosure between... [Read more of this post]
Short sales becoming the rage with SB 931 and SB 458 says California short sale lawyer
CALIFORNIA SHORT SALE UPDATE – SB 931 and SB 458 prohibits deficiency judgments following short sales in California! Well, many of the lenders and servicers were not great about doing loan modifications (even though they got their bailout), what about short sales? Will they do short sales without seeking deficiency judgments from California borrowers? In the past junior lien holders may... [Read more of this post]
Is the Defense of TILA recoupment available as a Defense to Non judicial Foreclosure in California?
CALIFORNIA TRUSTEE SALE AND THE TILA RECOUPMENT DEFENSE First off, what is recoupment under the Federal Truth in Lending Law? We have talked on many other blog posts about the Federal Truth in Lending Act (“TILA”) and the one year right to statutory damages (which can be equitably tolled under some circumstances) and we have discussed TILA rescission which provides an “extended three year... [Read more of this post]
California Quiet Title Lawsuit and Wrongfully initiation of foreclosure lawsuit shot down by Appellate court
PREEMPTIVE LAWSUIT TO ENJOIN THREATENED FORECLOSURE AND QUIET TITLE IN CALIFORNIA GETS THE BOOT In a continuing series of defeats for California homeowners the Robinson case shot down another attempt at preventing a “pretender lender” from foreclosing. (Robinson v. Countrywide Home Loans, 130 Cal.Rptr.3d 811, Court of Appeal, Fourth District, Division 2, California (Sept. 12, 2011). Some... [Read more of this post]
California Ferguson Court holds you got to tender if you want to challenge the lender or alleged lender or the foreclosure sale
OH LENDER, PLEASE DON’T MAE ME TENDER. CHALLENGING WRONGFUL FORECLOSURE IN CALIFORNIA REMAINS DIFFICULT. Citation: Ferguson v. Avelo Mortgage, LLC (Cal.App. 2 Dist. Jun. 1, 2011), Cal.Rptr.3d 2011, WL 2139143, This case involves another challenge to a non-judicial foreclosure sale in... [Read more of this post]
Gomes will help them sell Homes as Court rules in favor of MERS initiating foreclosure in California
GOMES V. COUNTRYWIDE – CALIFORNIA COURT HOLDS MERS HAS THE POWER TO FORECLOSE BECAUSE IT SAYS SO IN THE DEED OF TRUST Citation: GOMES v. COUNTRYWIDE HOME LOANS, INC., 192 Cal.App.4th 1149 (2011), Court of Appeals of California, Fourth District, Division One, February 18, 2011 This is a second blog post dealing with various legal challenges to the MERS registration system and their ability... [Read more of this post]
Fontenot case from California Court of Appeals validates MERS role in the foreclosure process and makes it tougher to challenge wrongful foreclosure
Fontenot v. Wells Fargo Bank, N.A. Court of Appeals of California, First District, Division One (2011). Well we have been talking about wrongful foreclosure, the role of MERS and irregularities in the foreclosure process for years now. The Fontenot case recently decided by the California Court of Appeals offers good language for lenders, servicers and MERS. This case can be seen as another case... [Read more of this post]
California TRO injunction package available on Foreclosure Warrior!
California Foreclosure Lawyers Tools, Pleadings, Sample Letter and more to help you fight the good fight! For those who have not heard, we have launched a foreclosure warrior website that aims to give consumers in California information on foreclosure, short sales, litigation and more. The information is general information and is in video format to make it easier to enjoy. The foreclosure warrior... [Read more of this post]
MERS scores dismissals in Arizona District Court
Here is a link to a story on MERS and how recent lawsuits were just dismissed in Federal Court in Arizona. Read More →
Attorney Steve on Mark and Bryan Real Estate Radio Show 105.5 FM
Here is a link to a real estate radio show I was recently on (Mark and Bryan Real Estate Radio Show). You need to scroll down to the September 22, 2011 show. Read More →
California Foreclosure Case Law for Lawyers fighting predatory lending and wrongful foreclosure
CALIFORNIA WRONGFUL FORECLOSURE CASE LAW ON FORECLOSURE WARRIOR For California real estate, bankruptcy and predatory lending lawyers we have sample foreclosure pleadings, TRO applications, lift stay motions and now we have added California case law to put in your homeowner defense toolbox. You can visit our Foreclosure Defense website where you can access case law ready for you to cut an paste into... [Read more of this post]
“Lenders” and loan servicers are moving to lift the automatic stay in bankruptcy here is a pleading for attorney use that just night stop them
ATTORNEY STEVE PLEADING FOR LAWYERS FIGHTING A MOTION TO LIFT THE AUTOMATIC STAY To our Attorney brothers and sisters who know the “lenders” and loan servicers are often trying to pull fast ones in bankruptcy courts both in filing bogus proofs of claims and in seeking to lift the automatic stay in bankruptcy court when they have no standing and cannot prove they are the real party in interest... [Read more of this post]
Attorney Option Arm Loan Litigation Checklist
TIPS ON ATTACKING THE OFTEN-PREDATORY CALIFORNIA OPTION ARM LOAN For attorneys fighting the good fight for homeowners stuck trying to modify predatory option arm loans, I have created an 8 page guide that explains the things I look for when trying to decide whether or not to sue the broker and originating lender. I mentioned on another blog that we just obtained a legal judgment against a predatory... [Read more of this post]
We just secured a predatory lending judgement against three California real estate licensees in regard to negam option arm loan!
California Truth in Lending Lawyer vindicates client’s rights in regard to predatory option arm loan! We have discussed the nasty negam (option arm loans in other blog posts). See our other website OptionArmLawyer.com. These loans are nasty when given to the average ordinary individual. I have said before, if a person is a real estate investor and has multiple properties, the loan... [Read more of this post]
Must assignments of deeds of trust be recorded in Arizona before a lender can non-judicially foreclose on debate with Arizona Supreme Court.
More from the “who owns my loan” series. This time, it is the Arizona Supreme Court that is hearing oral arguments regarding whether or not assignments evidencing who owns your loan must be recorded prior to a lender can pursue a non-judicial foreclosure. Here is an article that deals with some of the high points of the debate. The Court will rule on the issues at a later date and... [Read more of this post]
Nrthern District of California Court says foreclosure following promised modification not cool! Preliminary Injunction granted!
IS YOUR LENDER OR LOAN SERVICER DANGLING THE HAMP PERMANENT MODIFICATION CARROT IN FRONT OF YOUR NOSE? HAMP TRIAL PLAN SCHEME – Saying they “will” modify the loan if trial payments are made proves crucial. We have talked about this many times before on our website Trial Plan Fraud. That is, Banks and loan servicers promising to modify your loan if you make your HAMP trial plan... [Read more of this post]
Overview of the Helping Families Save Their Homes Act of 2009 and the requirement to notify borrowers within 30 days when their note is sold
MONEY DAMAGES ARE POSSIBLE UNDER TRUTH IN LENDING IF YOUR LOAN IS SOLD AND YOU ARE NOT NOTIFIED. Does telling someone their note was sold help save homes under the “Helping Families Save their Homes Act of 2009?” Okay, so it has taken us a little while to get around to discussing this law. We wanted to take a little time to let things develop and see if this law had any real significance... [Read more of this post]
FORECLOSURE CASE CHECKLIST – TOP TEN TIPS TO ATTORNEYS HANDLING TRO / PRELIMINARY INJUNCTION APPLICATION.
The following are general guidelines I consider when filing for a TRO / Injunction in a California Foreclosure civil. This information is for California real estate, foreclosure and bankruptcy attorneys only. A couple of quick things: First, make sure you have good legal grounds to file the lawsuit that you are basing your TRO on. You cannot file a lawsuit for the sole purpose of delay, and... [Read more of this post]
UCC Presentment under California Commercial Code Section 3502
UCC PRESENTMENT OF THE ORIGINAL PROMISSORY NOTE DEMAND My Client signed a promissory note that is treated as a negotiable instrument as defined under the Uniform Commercial Code (“UCC”), including under the California Commercial Code. The above entities are and have been purporting to have the legal right to collect on the promissory note signed by my Client. My Client disputes... [Read more of this post]
Is a loan servicer a “debt collector” subject to potential liability under the Fair Debt Collection Practices Act?
TRYING TO GET LEGAL PROOF A VALID DEBT IS OWED TO THE PERSON (‘DEBT COLLECTOR”) THAT IS TRYING TO COLLECT YOUR MORTGAGE PAYMENTS? Here is another issue that comes up in foreclosure defense work. Sometimes the loan servicer obtains your loan after it goes into default. Once that happens, they may send you collection calls or notices, or other communications designed to either directly,... [Read more of this post]
Attorney foreclosure defense training asks whether you are using a Qualified Written Request in your foreclosure defense practice?
HAVE YOU TOLD YOUR SERVICER LATELY, THAT YOU LOVE THEM? WHY NOT SEND THEM A QUALIFIED WRITTEN REQUEST SO THEY KNOW YOU ARE ALIVE! A Qualified Written Request (“QWR”) can be a valuable tool to find out what is going on with your loan servicer. Most people now realize the entity you are trying to get a loan modification from is not really your “lender” as many people used to... [Read more of this post]
Mass Joinder Lawsuit Update – California State Bar moves in on Irvine Attorney operation
SEND IN THE CLOWNS – THERE OUGHT (NOT) TO BE CLOWNS – WELL, MAYBE NEXT YEAR! Many clients have called our offices asking us to discuss the mass joinder lawsuit. This was a new phenomena that started about a year ago or so. Some lawyers decided to start a service whereby they would charge advance fees to join a “mass joinder lawsuit.” According to the link on this site... [Read more of this post]
Demand to set aside the foreclosure sale for breach of promise not to foreclose
Here is a sample of portions of a demand letter we sent to set aside a foreclosure sale that occurred following a promise not to foreclose. The full copy of this letter is available for California Foreclosure and Real Estate Lawyers who subscribe to a platinum account on our Foreclosure Warrior website: FORECLOSING BANK LOAN SERVICER TRUSTEE PURCHASER AT SALE VIA FAX AND EMAIL Re: Demand to Record... [Read more of this post]
Foreclosure Defense Training for Lawyers – The Demand for a beneficiary statement under California Civil Code Section 2943
If you are a lawyer in California representing California homeowners, undoubtedly you have been sending out demand for beneficiary statements to the lender or loan servicer. The “beneficiary” of the loan is required to respond. These are one of a handful of letters we send out to try to ferret out various information. Yes, even though a borrower may be in default and fighting foreclosure,... [Read more of this post]
The lender promises not to foreclose, then they sell the property and demand you tender the loan balance to challenge the sale
Probably one of the first things you learn in foreclosure defense is how the lenders love the word TENDER. Basically tender is a word they throw around to the Courts whenever you say you want to challenge a foreclosure sale. The gist of it is that if you are defaulting borrower and something bad happens that results in foreclosure, and if you want to challenge that, they will argue to the judge... [Read more of this post]
Whoops we forgot to substitute the trustee and record the substitution
The following is general information only and is not intended to serve as legal advice or a substitute for legal advice. These are only my opinions and the case law and theories presented below may not be current or valid. For specific legal advice pertaining to your foreclosure case please consult a real estate or foreclosure lawyer in your area. SUBSTITUTION OF TRUSTEE LEGAL REQUIREMENTS UNDER... [Read more of this post]
Extra Extra Read All About it – Wells Fargo ordered to pay borrowers back for wrongfully steering them into subprime loans. $85 Million Available.
Read the story of the consent order with the Federal Reserve Board wherein Wells Fargo agrees to pay 85 million in civil penalties to borrowers who were wrongfully steered into subprime loans and had income falsified. If you think you need legal help to claim the estimated $1,000-$20,000 award, give us a call. Apparently there is such a thing as predatory lending despite what Banks like Wells Fargo... [Read more of this post]
Top foreclosure insights shared on our new Foreclosure Video website
We have just launched a new video learning website that seeks to provide unbiased video modules to help California and Arizona consumers understand and learn tips and insights that may help them deal with the foreclosure crisis. The website is called Foreclosure Warrior. Read More →
A candid discussion on letting people down.
Music Link for this entry (click) – Don’t let clouds get in your way! There are times in the life of a foreclosure defense attorney when you just can’t get things your way or get the resolution that you want, or that which you fought for. This is a tough business and the playing field may not be level. In most cases, there is a default that has to be grappled with in one... [Read more of this post]
From the lighter side of foreclosure defense – homeowner forecloses on Bank of America!
Here is a link to the article on a homeowner foreclosing on BofA. LOL Read More →
A Day in the Life of Foreclosure Warrior Attorney Steve
A Client of mine has a son in law school. He asked his mom to ask me what a day in the life of a foreclosure and bankruptcy lawyer was like. Although this is somewhat amateurish as videos go, here is my response. Hope you enjoy. First, you start up with some good music, and some good tips about wedding rings (if you are married). Next, you head on out the door – but gotta get the breakfast... [Read more of this post]
Bank of America predicted to face big losses “due to housing crises” – stock investors seem fine with it
Just a quick link to an article I saw today talking about Bank of America’s losses related to housing crisis. Read More →
You think you had a bad day? Arizona lawyer who worked with foreclosure firm charged with DUI hit and run (with Death Injury)
Here is the ultimate nightmare for drinking and driving. This time, it hits a Arizona tax lawyer – Christopher R. Perry – who works for one of the big foreclosure firms (that work for the banks) – “Perry & Shapiro.” You may have seen that name on a few foreclosure notices of substitutions of trustee. Guy was supposedly having a few cocktails around 2:00 p.m. in the... [Read more of this post]
Beware of the bogus work order – are banks sneaking into homes to spy on your house? To intimidate?
THE CASE OF THE BOGUS WORK ORDER – I had one client where the lender sent a contractor in to “bid on things that need fixing” and “fix the toilet” which by the way WAS NOT BROKE (yes, my client still had lawful possession of the home and was MAKING PROTECTION PAYMENTS). Well the “contractor” snuck into the side door with the dogs barking, and snuck into the... [Read more of this post]
Helping client’s break into homes is not the way to do it says State bar. Michael T. Pines update…..
http://4closurefraud.org/2011/05/18/california-foreclosure-attorney-michael-pines-jailed-on-227000-bail/. PS If he was winning, as he says, why was he having to break into homes? Read More →
HUD seeks revenge against major loan servicers…….welcome to the pissed off club boys!! LOL
FORECLOSURE FRAUD / FORECLOSURE GATE (THIS IS GETTING EMBARASSING)! IS THIS REALLY THE GOOD OLE UNITED STATES OF AMERICA GREATEST ASSET? Listen in on our upcoming FORECLOSURE GATE blog radio show on HUD and their beef against lenders and loan servicers. These financial institutions are the most UN-LOVED companies in the United States, but they walk and talk like their doody comes out in plastic... [Read more of this post]
WE REACHED A 100,000 HITS – THANK YOU ALL FOR VISITING AND COMMENTING!!!!
WOO HOO!!!! WE HAVE REACHED A 100,000 HITS ON OUR FORECLOSURE WEBSITE. THANK TO ALL OF YOU WHO COME TO US TO HEAR “TALES FROM THE FORECLOSURE TRENCHES.” SINCERELY, STEVE VONDRAN Read More →
Foreclosure Fraud Headlines Ruffles feathers again – but is there any REAL NEWS for homeowners? I didn’t think so.
The mushroom cloud and KABOOM cannot always be trusted to bring you the headline foreclosure news. Here is the latest ALRAM DRILL http://4closurefraud.org/2011/05/16/busted-bank-of-america-jpmorgan-chase-wells-fargo-citigroup-and-ally-financial-federal-audits-accuse-firms-of-defrauding-taxpayers/ Here is my take on the article: So if you steal a pack of gum from Target – you go to jail. Drink... [Read more of this post]
Does anyone have signatures of Krystal Hall, Idaho Notary, or Vicki Sorg signatures?
If so, please email them to us at steve@vondranlaw.com. We are conducting a foreclosure chain of title analysis and have this notary and signor on the assignment of deed of trust. You may also find them on the substitution of trustee document. Either way, whether you have notarized documents or not, we would appreciate obtaining copies of these known signatures for comparison purposes. All... [Read more of this post]
Chain of Title Foreclosure Review – Anyone have signatures of J.Rios, California Notary, or Chris Tulio?
If anyone has any signatures of Chris Tulio (signed an affidavit of mailing for a Substitution of Trustee) or J.Rios, who is a California Notary, please contact us at steve@vondranlaw.com. We are willing to swap the signatures we have. Thank you All parties are presumed innocent and in compliance with the law. Read More →
Looking for Known Signatures of two individuals from Home Loans Services, Inc.
Does anyone have a substitution of trustee document, or assignment of deed of trust (or other notarized document) bearing the signatures of Mr. Bryan G. Kusich or Bruce Barron? We are reviewing a foreclosure case. Thank you. All parties are presumed innocent and to be in conformance with the law. Read More →
Can you win on Demurrer in a California Wrongful Foreclosure Cause of Action? Tales from the Foreclosure Trenches!
The banks will argue almost anything to get past a demurrer in a wrongful foreclosure lawsuit. Some of the typical things we see the big firms saying in their pleadings include: 1. Borrower is just upset over real estate speculation gone wrong 2. The borrower admits they are in default so they have no legal rights 3. Borrower/Plaintiff cannot challenge any irregularities in the foreclosure... [Read more of this post]
Some Candid thoughts about life, and foreclosure defense…….
About Standing for Something – Or Falling for Anything! Many people have asked me, how do you do it? Why do you fight for people facing foreclosure? The cynic says “you are just a rotten lawyer that does everything for money.” Really? I had an easy retainer tonight. Homeowner facing eviction, looking for hope and some issues worth looking into. Well, I thoroughly examined the... [Read more of this post]
Good Information on Arizona Foreclosures – Trends, Stats and More
Here is a good link I found dealing with Arizona Foreclosures. Read More →
PRODUCE THE NOTE IN ARIZONA (IN THE RECORDED CHAIN OF TITLE) BEFORE FORECLOSING? SB 1259 UPDATE
INTERESTING ARTICLE ON WHETHER ARIZONA WILL EVER HOPE TO GET THE SB 1259 PROOF OF OWNERSHIP BILL PASSED. Read More →
Loan Modification / Bailout Report Card (What’s going on)?
See where your lender / loan servicer ranks in regard to loan modifications! Read More →
Banks and Servicers agree to Consent Order – Wrongful Foreclosure will be compensated. But who gets money and how much?
In what appears to be another act of federal window dressing to put Americans and foreign investors at ease that our financial system is the best in the world and worthy of your investment dollars, the Federal Regulators (OTS, OCC, and FRB) have concluded their investigation into foreclosure practices of the major banks and loan servicers and have come up with a settlement order that is supposed to... [Read more of this post]
SHAZAM SALAZAR – Southern District bankruptcy Court of California says California Civil Code Section 2932.5 applies to mortgages AND Deeds of Trust – Wrongful Foreclosure is illuminated!
California Lenders, Loan Servicers, MERS and other foreclosing entities should ensure valid legal compliance with California Civil Code Section 2932.5 or risk have the foreclosure sale being declared VOID (with no obligation to tender). The following is Copyrighted 2011 by the Law Offices of Steven C. Vondran, P.C. ALL RIGHTS RESERVED. We can be reached at (877) 276-5084. Case: Salazar... [Read more of this post]
They call it “retroactive effective date” we call it “backdating” Ohlendorf Court weighs in and calls it potentially an invalid Notice of Default….
Here is the scenario, when a foreclosure is about to take place MERS (our friendly neighborhood software company) typically assigns a Deed of Trust to the party that supposedly owns your loan so that they can go ahead with a private non-judicial foreclosure sale. This assignment often takes place after the Notice of Default is filed. So, in order to make things appear nice and pretty and to try... [Read more of this post]
Deed in Lieu of Foreclosure – Yes, sometimes you can get them!
What is a Deed in Lieu of Foreclosure? Well basically, it is one of the options in the loss mitigation toolbox whereby instead of being foreclosed upon by your lender, loan servicer, or their agents, you can convey title and possession to your real property to the beneficiary in exchange for them not pursuing any deficiency judgment on the debt. Now, these can be hard to get because in many cases... [Read more of this post]
Mass Joinder Lawsuits – What are they? Are they good for you? Ronald v. Bank of America.
RONALD V. BANK OF AMERICA – MASS JOINDER HAS MASS APPEAL? Mass joinder lawsuits against banks are circulating around the internet. People have been calling our office wanting to know if they are legitimate. It is hard to say, but there is one case that has seemed to garner the most attention. That is the case of Ron vs. Bank of America. In this case, apparently there has been some initial... [Read more of this post]
If you have proof that the wrong party is foreclosing on you, can you stop a foreclosure sale in Arizona?
It is clear that the “Produce the Note” or “Show me the Note” argument has been rejected in Arizona (as is also true in California). As the Arizona District court stated in Dumesnil v. Bank of America, 2010 WL 1408889: “No Arizona court or any federal appellate court has decided this issue, but many district courts for the District of Arizona have rejected the “show... [Read more of this post]
60 Minutes Calls Banks Out – “Bank’s can’t find the ownership documents” (“resorting to forgery and phony documents”)
Here is the show from 60 minutes. The banks have been telling the judges that there is nothing done wrong here, and that it is just a bunch of defaulting borrowers making things up. Nobody is buying the story anymore. Not even the main stream media. What are we to do about this mess “sweatshops for phony foreclosure documents”? Here is a link to the 60 minutes story on Banks using... [Read more of this post]
Foreclosure Song – “the locked us out of our house”
http://www.youtube.com/watch?v=Hm_W445bidA&hl=en_US&fs=1&rel=0 Here are the lyrics – As of today, over 11,000 hits on Youtube: LOVE, YOUR BROKEN HOME By: Tim Miller © 2010 VERSE 1: I’M IN WITH AN AMERICAN WHORE I LAID DOWN WHEN YOU SAID HEY SIR, YOU COULD HAVE SO MUCH MORE GOT ME RIGHT TO THE LINE A GENTLE NUDGE BEGINS THE FALL HEY, HOW COME YOU NEVER FELL AT ALL CHORUS 1: FOOLISH... [Read more of this post]
What is the Dodd-Frank Consumer Protection Act? Can it help you in the foreclosure context? Too little too late?
YOU CAN HEAR OUR FORECLOSURE RADIO SHOW DISCUSS THE DODD-FRANK CONSUMER PROTECTION ACT BY CLICKING HERE The Dodd-Frank law was passed on July 22, 2010. The idea was to address consumer concerns with a focus on mortgage lending issues and in an effort to avoid future subprime mortgage crises (the band aids always come AFTER the chernobyl incident after everyone has made their money). The stated... [Read more of this post]
Who gets the surplus funds (if there are any) following a California Foreclosure Sale under the Power of Sale?
Show me the money following the private non-judicial foreclosure sale – California Civil Code Section 2924j The Trustee is the entity that conducts the private trustee sale under the power of sale contained in the Deed of Trust (if you default on your loan payment, you agree to allow the lender or their successors and assigns to conduct a private trustee sale without need to file a judicial... [Read more of this post]
Coldwell Banker Mortgage messes with the wrong Soldier and gets SHOT DOWN IN FLAMES WITH 20 MILLION DOLLAR JUDGEMENT.
OUCH – BANKS MESSES WITH SOLDIER AND LOSES AT TRIAL! CAN’T A SOLDIER GET A LITTLE RESPECT HERE? THE CASE IS 4:09-CV-00146-CDL, FILED IN UNITED STATES DISTRICT COURT IN GEORGIA. ATTORNEY (WINNER) IS CHARLIE GOWER. CASE FILED 12/1/09. FINAL VERDICT: 1,000,000 IN EMOTIONAL DISTRESS DAMAGES / $350,000 IN ATTORNEY FEES / $20,000,000 IN PUNITIVE DAMAGES (WOW). CAUSES OF ACTION ALLEGED... [Read more of this post]
California Notaries Continue to Break the Law in Regard to Notary Logs…….Produce your Transaction Logs…….
When we take on a new case, we normally send notary demand letters to the notaries who allege to have verified the signatures of those signing the Substitution of Trustee, and Assignment of Deed Of Trust. These are critical foreclosure-related real estate documents that need a valid notary in order to be recordable. What we have been finding, over and over again, when we ask for proof of the notary... [Read more of this post]
What is this “MORTGAGE MESS SETTLEMENT PROPOSAL” offered by the 50 States Attorney generals?
Hmm, sounds like (maybe) more loss mitigation window dressing coming your way soon. More servicer guidelines and no agreement on penalties for non-compliance, just what we need. By Steve Vondran, Attorney – Phone (877) 276-5084. http://www.ForeclosureDefenseResourceCenter.com . Copyright – 2011 All Rights reserved. We assist Calfiornia and Arizona Property Owners. Following the... [Read more of this post]
US bank lies to chapter 7 debtor and then forecloses on them. Judge says debtor has cause of action
TALES OF LIES DURING THE BANKRUPTCY PROCESS Yet another case regarding a lying Bank (people, please, please, please do not believe a word your bank or loan servicer tells you, they want to make money and they will lie to you). Who should be surprised anymore? Anyway, in the case of Aceves v. U.S. Bank as Ttrustee, etc., a borrower was in a Chapter 7 bankruptcy and was contemplating converting her... [Read more of this post]
King of Foreclosure David Stern on Foreclosure Radio – One Toxic Foreclosure Factory
TALES OF A FORECLOSURE MILL – ITS ALL ABOUT SPEED AND GREED – OH, AND FALSITIES Here are some highlights of the David Stern Foreclosure Lawyer Rise and Fall. (1) David Stern is a Florida Lawyer who handles foreclosure and eviction cases on behalf of many of the largest lenders in the United States (ex. Wells Fargo, Bank of America, Citibank, GMAC) and also handled foreclosure cases for... [Read more of this post]
Attorney Steve appears on Real Estate Talk Radio discussing the state of the foreclosure market
Here is a quick appearance we made today on Mark Heller’s Real Estate Talk Radio Show. You can hear the clip here. The issue was whether or not the real estate market is recovering and what types of cases we are filing. Read More →
HSBC Halts Foreclosures – What? The Bank has admitted mistakes, it can’t be can it?
HSBC has stated it will halt foreclosure due to shoddy foreclosure paperwork. I think what they meant to say is halting foreclosure due to: (1) Robosginers (2) Notary Fraud (3) Fraud on various courts in judicial foreclosure states. Is it just me, but it seems these are the issues. Read More →
David Stern getting burned out on trying to dismiss his firm as counsel
Ah, the tales of Attorney David Stern, after being hired by many of the big banks to serve as a foreclosure mill, shoddy foreclosure practices have cost him plenty. Here is an article about Stern shutting down his firm. Here is another recent article about David Stern trying to withdraw as counsel of record on over 100,000 cases. You heard me right, 100,000 cases. Just an amazing story from the... [Read more of this post]
Lenny Dykstra, former baseball star, files chapter 11 bankruptcy and claims “bank fraud” and says WAMU lied to him.
FORMER MAJOR LEAGUE BASEBALL PLAYER LENNY DYKSTRA TAKES A SWING AT WAMU AND CHASE Former Major league baseball player Lenny Dykstra has filed for Chapter 11 Bankruptcy. In the meantime, he has also claimed that WAMU has lied to him and he has threatened a lawsuit against JP Morgan Chase (successor to WAMU). You can see Lenny Dykstra’s video interview here discussion his predatory lending... [Read more of this post]
Often overlooked – challenging the Banks Corporate disclosure Statement. Are they being up-front with the Court?
DECLARATION OF INTERESTED PARTIES BY ONE WEST BANK, FSB One of the legal requirements when a Defendant is filing a motion, pleading etc. with a Federal Court, is that in their “first appearance” or first motion or pleading to the Court, they have to disclose who they represent, who the owners of the company are and whether or not they have insurance. This is in regard to a California... [Read more of this post]
CALIFORNIA COURT OF APPEALS SAYS MERS CAN FORECLOSE IF DEED OF TRUST SAYS SO – GOMES CASE DISCUSSION
WHO CAN THAT BE KNOCKING AT MY DOOR? Is MERS trying to foreclose on you? Gomes v. Countrywide, MERS and Recontrust MERS is an interesting entity. They call themselves both the “nominee of the lender” (who never lent any money in most cases) and “their successors and assigns” (even though it is not known who the successor or assign of the loan-turned-bond would be). In... [Read more of this post]
Wrongful Foreclosure – There may be remedies against a trustee for a wrongful foreclosure sale if not inconsistent with California Foreclosure Policies
CALIFORNIA GOLF CASE LEAVES DOOR OPEN FOR HOLE IN ONE! This is the Golf Case – California Golf, L.L.C. v. Cooper (2008) 163 Cal.App.4th 1053. Without going into details on the facts, suffice it to say a party wanted to hold a trustee liable for wrongful foreclosure. The Defendants argue there is no remedy available to the Plaintiff because the non-judicial foreclosure statutes in California... [Read more of this post]
The California 2923.5 Declaration of Compliance – any legal traction here to stop foreclosure?
In California, the state legislature passed SB 1137 in 2008 to try to stem the tide of the unnecessary foreclosures (aka The Perata Mortgage Relief Act). The idea was to force loan servicers (who are servicing loans on behalf of so-called lenders who supposedly own your loan and have the endorsed copy of the note in their physical possessions) to contact defaulting borrowers prior to filing a notice... [Read more of this post]
What is wrongful foreclosure in California? Here is a whiff of how some courts look at this issue.
WRONGFUL FORECLOSURE IS A FUNGUS THAT IS SPREADING IN CALIFORNIA AND ARIZONA – ARE ROBISGNERS TO BLAME? In California, the tort of wrongful foreclosure requires: (1) a legally owed duty to the Plaintiff by the foreclosing party (2) a breach of that duty (3) a causal connection between the breach of that duty and the injury the Plaintiff sustained, and (4) damages. California courts have further... [Read more of this post]
WHAT IS THIS – YOU MAY HAVE “RIGHTS” TO DEMAND “PRESENTMENT OF THE NOTE AND TERMS?”
Here is a document that shows in the Deed of Trust for this reverse mortgage, the lender wanted the borrower to “waive their right” to demand presentment of the Note. Click on the attached link to see the document. To see our blog post on this topic click here: UCC Presentment Read More →
HOMEOWNER TAKES THE BULL BY THE HORNS AND FORECLOSES ON WELLS FARGO. TOO FUNNY!! MUST READ!!
HERE IS A LINK TO THE STORY. I COULD NOT RESIST SHARING THIS ONE. Shows that sometimes when you put the pressure on the right way (in the Courts and the “law of the press”) sometimes you might just get someones attention. http://consumerist.com/2011/02/how-this-philly-homeowner-foreclosed-on-wells-fargo.html Read More →
IS YOUR LOAN SERVICER AIDING, ABETTING, AND RATIFYING NOTARY FRAUD IN THE NAME OF SWIFT FORECLOSURE?
CHECK YOUR MERS ASSIGNMENT OF DEED OF TRUST (THE DEED OF TRUST PLACES AN ENCUMBRANCE ON THE PROPERTY) AND SUBSTITUTION OF TRUSTEE DOCUMENTS. WHO SIGNED IT – SEARCH THE WEB – IS THIS PERSON (EX. SOME BOGUS VICE PRESIDENT FOR MERS) A KNOWN ROBOSIGNER? THERE ARE SOME TELL TALE SIGNS OF ROBOSIGNING THAT WE DISCUSS IN OTHER ARTICLES. IF YOU HAVE YOUR SUSPICIONS, WHICH YOU SHOULD IN ALMOST EVERY CASE,... [Read more of this post]
Arizona looks at new law SB1259 that seeks to force “lenders” (securitized loan trusts) to record chain of ownership before they foreclose
This is real interesting, here is the text of a bill that just passed the Arizona Senate. Not perfect, but trying to get some “truth in lending.” A. FOR ANY BENEFICIARY WHO IS NOT THE ORIGINATING BENEFICIARY ON THE DEED OF TRUST, THE BENEFICIARY SHALL RECORD A SUMMARY DOCUMENT REGARDING THE BENEFICIARY’S LEGAL INTEREST IN THE DEED OF TRUST THAT CONTAINS THE FOLLOWING INFORMATION... [Read more of this post]
Bank of America gets called out by Arizona Attorney General. Charged with Violating Settlement Agreement. What’s new?
BANK OF AMERICA – GREETINGS FROM THE VALLEY OF THE SUN! The Arizona Attorney general’s office entered into a settlement agreement with Bank of America which required Bank of America to help struggling homeowners get answers to loan modification requests and help modify “qualifying mortgages” for “eligible borrowers” and help provide relocation assistance to some... [Read more of this post]
Typical Grounds to File an Adversary Proceeding in the Bankruptcy Courts
ADVERSARY PROCEEDINGS – YES, YOU CAN FILE A LAWSUIT IN THE BANKRUPTCY COURT The following are some of the typical types of cases that may get filed in a Bankruptcy Adversary Proceeding: (1) “Lien Strip” of unsecured junior liens (2) Rescind your Loan under Truth in Lending Law (TILA). Ex. you rescind your loan prior to filing bankruptcy, and then list property as unsecured... [Read more of this post]
California Robosigner Fraud – Isn’t forgery in the chain of title against the law? Can you rescind your trustee sale.
Robo-Signers: Innocent Paper Pushers or Fraud Factories? In September 2010, the Washington Post published a story that shed light on a little known “trade secret” lenders have been using to foreclose on families. Check out the story here: Washington Post Robo-Signer Story. What’s the dirty little secret? Robo-Signers. What’s a Robo-Signer? Unlike the name suggests, Robo-Signers are not... [Read more of this post]
WHEN DOES THE 3 YEAR RIGHT TO BEGING START? WHEN IS A LOAN “CONSUMMATED”? IS THERE EQUITABLE TOLLING OF THE TILA RIGHT TO RESCIND?
The following is an overview of a few cases I was looking at in the area of Truth in Lending (“TILA”) law. We get a lot of questions about when TILA three years begins to run. THIS IS NOT LEGAL ADVICE AND IS NOT TO BE CONSTRUED AS LEGAL ADVICE. RATHER THESE ARE A FEW CASES THAT DISCUSS TILA RESCISSION, AND GIVE YOU SOME IDEAS OF SOME OF THE CASES OUT THERE. PLEASE CONSULT A LITIGATION... [Read more of this post]
Will California judges give Credence to the Massachusetts Ibanez decision and require banks to prove they own the loan before foreclosing?
HUGE FORECLOSURE CASE OUT OF MASSACHUSETTS – JUDGES SAY YOU MUST OWN THE LOAN AND BE ABLE TO PROVE YOU OWN THE LOAN BEFORE FORECLOSING BY A BANK (WHAT A NOVEL CONCEPT). The web is a-Buzz with people talking about the recent Ibanez decision out of the Massachusetts Supreme Court. Here is a link to the case: http://www.scribd.com/doc/46479709/Us-Bank Basis Facts of the Case: This case involved... [Read more of this post]
Vondran Law Calls for a HALT TO NOTARY FRAUD – It is Time to Call the Notary Crooks Out!!
Don’t stand for this people. It is time to start filing police reports and complaints with attorney generals. The banks have bought off the notaries who gave up their notary stamps for profits. We are conducting securitization audits, and chain of title audits, and we are finding fraudulent signatures and false notaries. We will shortly be exposing a GIGANTIC scam coming from one of the biggest foreclosure... [Read more of this post]
BANK OF AMERICA VIOLATES SETTLEMENT AGREEMENT WITH STATE OF ARIZONA – ATTORNEY GENERAL CHARGES BANK OF AMERICA WITH MORTGAGE FRAUD
THE SHENANNIGANS NEVER SEEM TO END March 13, 2009 was supposed to be a victory for homeowners in Arizona. Facing allegations of consumer mortgage fraud, Countrywide agreed to develop and implement a loan modification program for Arizona borrowers making it easier for homeowners to keep their homes. Unfortunately, Countrywide, (now Bank of America) has repeatedly violated the agreement. Attorney General... [Read more of this post]
CALIFORNIA ATTORNEY GENERAL REACHES A SETTLEMENT WITH WELLS FARGO – ARE YOU ENTITLED TO A MODIFICATION, PRINCIPAL REDUCTION OR EVEN CASH?
THE BANKS CLAIM THEY DO NO WRONG – THEN SETTLE WITH VARIOUS STATE ATTORNEY GENERALS. WHAT GIVES? On December 20, 2010 the California Attorney General reached a settlement agreement with Wells Fargo regarding the pick-a-pay loan program. The settlement requires Wells Fargo to provide loan modifications worth more than $2 billion to thousands of California homeowners with “pick-a-pay”... [Read more of this post]
Wondering what the general Loss Mitigation Review Process is? Here is a general overview.
LOST IN THE FOREST? NEED A LOSS MITIGATION ROAD MAD? We have been getting a fair number of people asking us what the general loan modification / loss mitigation review process is. Although things may vary, here is a general overview: (1) You will be reviewed for HAMP (Making Home Affordable). Sometimes we refer to this as “making homes disappear” given some of the bad numbers on HAMP.... [Read more of this post]
Do you have a Wachovia or World Savings Pick a Pay (negam option arm loan)? If so, there may be hope for your TOXIC LOAN!!
WE MAY BE ABLE TO HELP YOU WITH YOUR TOXIC OPTION ARM LOAN (NEGATIVE AMORTIZATION – PICK-A-PAY LOAN). CALIFORNIA AND ARIZONA PROPERTIES ONLY!! Vondran Law is proud to announce the return of our Wachovia and World Savings Pick-a-Pay (Option Arm / Negative Amortization) Loan CONTINGENCY FEE LOAN MODIFICATION SERVICE. We have previously discussed our Contingency Lawyer Service on our Foreclosure... [Read more of this post]
WHY DO WE CALL THIS LENDER GENERATED FIASCO “FORECLOSURE-GATE?”
In general, there is all kinds of crazy stuff going on. False declarations, false signatures, false notary stamps, foreclosing when people are in the HAMP plan and being told the sale was on hold, HAMP trial plan SCAMS, bogus Assignments of Deed of Trust purporting to transfer the “notes therein” as well when the transferor clearly doesn’t have the note, filing motions to lift the... [Read more of this post]
Top 10 Reasons why there should be a Nationwide Moratorium on foreclosure sales
UNTIL THE LENDERS CAN PLAY FAIR IN REGARD TO LOAN MODIFICATIONS, FOLLOW THE LAW OF FORECLOSURE, AND OTHERWISE BRING INTEGRITY INTO THE SYSTEM, THEY SHOULD “COOL THEIR FORECLOSURE ENGINES” (1) WHERE IS THE NOTE? The Lender’s cannot show they have the note in most cases where a securitized loan is involved. Without being able to produce an original copy of the note, there can be no... [Read more of this post]
HO HO HO, FTC gives “gift” to Homeowners Nationwide? No advance fees may be paid to mortgage relief companies or loan modification companies.
TIME FOR COMPLIANCE WITH NEW FTC ADVANCE FEE RULE (FOR LOAN MODIFICATIONS, SHORTS SALES, AND DEED IN LIEU, ETC.) IS DRAWING NEAR. December 29, 2010 (general provisions)and January 31, 2011 (for advance fee rules). NEW FTC RULE PROHIBITS COLLECTION OF ADVANCE FEES FOR LOAN MODIFICATIONS AND SHORT SALES We have talked in great deal over the past couple of years about all of the loan modification scams... [Read more of this post]
CALIFORNIA ATTORNEY GENERAL REACHES A SETTLEMENT WITH WELLS FARGO – ARE YOU ENTITLED TO A MODIFICATION, PRINCIPAL REDUCTION OR CASH?
WHY IS IT THE LENDERS ALWAYS CAVE IN TO THE VARIOUS STATE ATTORNEY GENERALS AND THEN TELL EVERYONE ELSE THEY ARE FOLLOWING THE LETTER OF THE LAW? On December 20, 2010 the California Attorney General reached a settlement agreement with Wells Fargo regarding the pick-a-pay loan program. The settlement requires Wells Fargo to provide loan modifications worth more than $2 billion to thousands of California... [Read more of this post]
“SHOW ME THE TRANSACTION LOG” – PROVE UP YOUR NOTARY SIGNATURES (ROBOSIGNER FRAUD CONTINUES WITH A TWIST)
HELP – CAN SOMEONE HELP ME FIND MY LOST NOTARY TRANSACTION LOG? Typically when we are conducting a “robosigner” chain of title audit, we will inspect the signatures of people signing the various documents that you see in a chain of title (Notice of Default, Notice of Sale, Assignment of Deed of Trust, Substitution of Trustee, etc.). The so-called robosigner audit has fueled this... [Read more of this post]
Chapter 13 debtor gets mortgage wiped out in Pennsylvania bankruptcy court
VONDRANLAW – FORECLOSURE CASE BRIEFS Jackson v. US Bank Nat’l Ass’n Trustee (In re Jackson), 245 B.R. 23 (E.D. Penn. 2000) Facts: Pauline M. Jackson, a widow and mother of five dependent children, was contacted by All Star Remodeling Inc. (“All Star”) about possible home improvement work. At the time, Ms. Jackson had no mortgages on her house and was in desperate need for new windows.... [Read more of this post]
WHO IS LIABLE FOR TRUTH IN LENDING (TILA) LOAN RESCISSION WHERE YOU HAVE A SECURITIZED LOAN?
WILL THE REAL ASSIGNEE OF THE LOAN PLEASE STEP FORWARD AND ACCEPT YOUR LIABILITY UNER TILA? Problem: 60% of loans are said to have been securitized. Meaning, the loan was transferred into a loan pool with 1,000′s of other loans and sold to investors on Wall Street. Legal Issue: When someone wants to rescind their loan (and get their money back from the lender or loan assigneee, who do you go... [Read more of this post]
Bank of America poses as “good-guy” for admitting to kickbacks and settles for 137 Million!! WOW
BANK OF AMERICA SETTLES FOR 137 MILLION DOLLARS – WHAT DOES A HUNDRED MILLION DOLLARS LOOK LIKE IN REAL MONEY? HERE IS A PICTURE OF A DRUG BUST IN MEXICO ESTIMATED AT 207 MILLION DOLLARS Can anyone act surprised anymore at the stories we are hearing about the major financial institutions in the United States? What is going on here? Here is the latest story – Bank of America admits... [Read more of this post]
A question we get alot – can my house be saved after the foreclosure sale? Answer – Maybe, and it is expensive.
If your house sells, you are in a tough spot in California and Arizona. Normally, we would need to see if there was any fraud/robosigner in the sub of trustee. It is tough to reverse a sale where the notice of default and notice of sale and other documents were validly executed. We charge for an initial up-front review of your documents, and chain of title. No guarantees we find anything, and no... [Read more of this post]
TOP 10 FORECLOSURE GAME PLAN – YOU NEED TO HAVE A SOUND STRATEGY AND DO NOT TRUST WHAT THE BANKS ARE TELLING YOU!!
THIS IS JUST A QUICK POST TO HIGHLIGHT A FEW THINGS THAT WE CANNOT EMPHASIZE ENOUGH WHEN DEALING WITH FORECLOSURE ISSUES: CALIFORNIA FORECLOSURE LAWYER DISCUSSES TOP 10 FORECLOSURE TIPS (1) IF YOU HAVE A REFINANCE LOAN ORIGINATED WITHIN THE LAST THREE YEARS, MAKE SURE YOU GET A TRUTH IN LENDING (TILA LOAN AUDIT). ESPECIALLY IF YOU HAVE EQUITY IN YOUR PROPERTY OR NOT TOO FAR UPSIDE DOWN. YOU MAY HAVE... [Read more of this post]
Does anyone have any signatures of Keo Maney Kue Vang? I am conducting a foreclosure investigation and need some help!
If you have any information, or MORE IMPORTANTLY SIGNATURES on these people, would really help. I have listed their names and the companies I believe they sign foreclosure documents on behalf of: (1) Keo Vang (NDEX / Wachovia) (2) Jeremy Ruacho (NDEX) (3) Randy Middleton (NDEX) (4) Deborah Schwartz (Wells / Wachovia) Thank you. Let’s use the power of the web to sort out the foreclosure mess Steve... [Read more of this post]
California Attorney General tells Ally Financial to prove its compliance or stop foreclosing on California homes.
CLEAN UP YOUR MESS!!! This is a month or so old, but you may recall ALLY FINANCIAL trying to sneak in as a new “good guy lender” and then after the Ohio State Attorney General called them to task for Robosoginer issues, the lid came off. Of course, the lenders only agreed to clean up their act in the “judicial foreclosure states” where lawsuits must be filed in a Court of... [Read more of this post]
Huge Case out of Arizona BK Court – So called “lender” accused of perpetrating fraud on Court by Plaintiff – Court Orders PRODUCE THE ORIGINAL FILE!!
BAILEY (PRO SE) v. THE BANK OF NEW YORK MELLON, FKA THE BANK OF NEW YORK – WOW! THE LID HAS COME OFF IN AN ARIZONA BANKRUPTCY CASE (CHAPTER 11) – “PRODUCE THE NOTE IN BANKRUPTCY ADVERSARY PROCEEDING” AS WE HAVE BEEN SAYING ALL ALONG. ITS TIME TO STOP ALL THE LIES. NEIL GARFIELD DECLARATION INVOLVED. ITS TIME TO RIP OFF THE MASK AND TELL THE TRUTH. WHO THE REAL OWNER OF YOUR... [Read more of this post]
Have you heard of SIGTARP? THE UNOFFICIAL LOAN MOD COPS!!
According to their website they serve a critical function. Here is what it says at their website http://www.Sigtarp.com. (My comments are in italics) ABOUT US SIGTARP’s mission is to advance economic stability by promoting the efficiency and effectiveness of TARP management, through transparency, through coordinated oversight, and through robust enforcement against those, whether inside or outside... [Read more of this post]
Ever wonder what a RoboSigner looks like? Check this out!!
As you will see……they know nothing, sign whatever they are presented, don’t understand the documents they are singing, there are no real witnesses to the thousands of documents they sign each day. Yes, she testifies to thousands of filings each day. Although she is not a Vice President, her signatures reflect that she is. People, when you have to resort to lies, you know there... [Read more of this post]
Is it really possible to get a principle loan balance reduction in a loan modification?
This is a question we get all the time. We refer to principle loan balance reduction as “a bigfoot sighting” but more and more lenders/servicers are claiming they are forgiving principle loan balance. If you have any legitimate stories, we would love to hear them. We have achieved principal reduction only in cases involving option arm loans with World Savings and Wachovia (now owned... [Read more of this post]
And this just in…….distressed homeowner sends Obama a letter crying for help…..Obama says CHANGE IS COMING……
or “things will get better” as the story goes. Same difference if you asked me, and later TURNS AROUND AND SELLS HIS LETTER FOR 7K AND SAVES HER HOME. Although he bailed out the Banks when he took office (because like all Presidents he is a puppet), his HAMP modification programs have not impressed many people. This homeowner nixed the HAMP and went memorabilia style to save her home... [Read more of this post]
If you are facing foreclosure, do not TRUST your lender or loan servicer, that is mistake #1.
Are you facing foreclosure and need to understand your options? Why not consult with a foreclosure and real estate lawyer TOP TEN REASONS TO DISCUSS YOUR FORECLOSURE CASE WITH A REAL ESTATE AND BANKRUPTCY LAWYER If you are facing foreclosure, don’t wait until the last minute to decide what you are going to do or to determine what your options are. A simple one hour consultation with a... [Read more of this post]
Wondering what your Foreclosure Options Are? A one hour paid consultation may give you the game plan you are looking for.
Visit our site at http://www.AttorneySteve.net. Fill out the information and we will call you back for a consultation. Read More →
More window dressing from the White House and “the regulators” in regard to Robo Signers and Foreclosure Process of Servicers…….
“THE BANKS ARE TOO BIG TO FAIL – TOO BIG TO COMPLY. WHEN ALL ELSE FAILS, REOSRT TO WINDOW DRESSING TO BUILD PUBLIC CONFIDENCE!” SAYS BEVERLY HILLS FORECLOSURE DEFENSE LAWYER STEVE VONDRAN. As we have talked about in other blog posts, the White House issued this press release in the wake of the FORECLOSURE-GATE ROBOSIGNER SCANDAL. Yes it is a scandal and not reported as it should... [Read more of this post]
Congress sides with Banks – should anyone be surprised?
SO THERE YOU HAVE IT – BANKS ARE ABOVE THE LAW AND THE LAW DOES NOT APPLY TO THEM BECAUSE IF THEY DON’T DO WELL OUR ECONOMY DOESN’T DO WELL. WHAT ON EARTH CAN BE DONE ABOUT THIS? MAYBE THEY SHOULD PASS A LAW SAYING A HOMEOWNER WILL GO TO JAIL IF THEY FILE A LAWSUIT CONTESTING THE SALE OF THEIR HOUSE?? http://www.consumerwarningnetwork.com/2010/10/26/surprise-congress-sides-with-banks-and-robo-signers/?utm_source=feedburner&utm_medium=email&utm_campaign=Feed%3A+TheConsumerWarningNetwork+%28The+Consumer+Warning+Network%29 Read More →
WELLS FARGO TO RE-DO FORECLOSURE DOCUMENTS – BUT ONLY IN THE “JUDICIAL FORECLOSURE” STATES WHERE THEY GOT CAUGHT!!!
BREAKING NEWS. WELLS FARGO ISSUED A PRESS RELEASE DISCUSSING THAT THEY ARE RE-DOING PAPERWORK WHERE FALSE FORECLOSURE DOCUMENTS WERE SIGNED AND NOTARIES WENT ALONG FOR THE RIDE. Here is a link to our Blog Radio show discussing Wells Fargo re-doing foreclosure documents: http://tobtr.com/s/1345191 WOW, THIS SHOWS HOW MUCH THEY REALLY CARE ABOUT THE “LETTER OF THE LAW.” OF COURSE, THIS... [Read more of this post]
Arizona Wrongful Foreclosure Case – UCC Produce the Note issues discussed…..is a Deed of Trust a Negotiable Instrument in Arizona?
HERE IS AN ARIZONA CASE TALKING ABOUT WHETHER OR NOT A DEED OF TRUST IS A “NEGOTIABLE INSTRUMENT” UNDER THE UNIFORM COMMERCIAL CODE (UCC). We also discuss the Produce the Note defense and wrongful foreclosure elements in Arizona. As we know, many so called “lenders” of securitized loans can never show they have your original note and/or the deed of trust giving them the... [Read more of this post]
I NEED ALL YOUR HELP TO SEND A MESSAGE TO WELLS FARGO AND OTHER BANKS PULLING FORECLOSURE-GATE SHENANIGANS…….
Hello Friends, Can you PLEASE click on the Twitter icon below and follow me on Twitter. This is a new project I am undertaking to see the potential power of social media to effectuate a change in ugly corporate behavior related to foreclosure and the housing crises. IF YOU ARE NOT SIGNED UP WITH A TWITTER ACCOUNT YET, YOU WILL NEED TO SIGN UP. IT IS QUICK AND NO-COST (JUST ENTER A USER NAME, EMAIL,... [Read more of this post]
FORECLOSURES, SHORTSALES OR BANKRUPTCY – WHICH WINS THE CREDIT SCORE WAR?
The following is general information only. Credit scores are subject to many different factors, and the following is not to be relied on. Consult with a Credit Report Lawyer to Discuss your Case. The recent economic downturn has produced a spike in foreclosures, short sales and bankruptcies. But how exactly does a foreclosure affect your credit score? Have you asked yourself, “How will a short... [Read more of this post]
The Allen Hunt Show talks foreclosure……..
I came across this while surfing the web, and thought it was cool. http://www.allenhuntshow.com/Video/1500-foreclosure-nation Read More →
FHA RELEASE SERVICING GUIDELINES FOR FANNIE FREDDIE LOANS………BASICALLY AMOUNTS TO MORE WINDOW DRESSING – “CATCH ERRORS AND FIX THEM.”
ITS ALL ABOUT THE MONEY – THE ANSWER TO 99 OUT OF 100 QUESTIONS IS “MONEY” We all know the Bankers hate regulations and do not want to comply with any of them (no, I am not joking for the sake of coming up with a blog post, I can verify on a good majority of my files failure to comply with RESPA and TILA – two of the main laws they have to deal with). They routinely snub their... [Read more of this post]
REALTYTRAC SAYS 288,345 HOMES LOST TO FORECLOSURE FROM JULY-SEPTEMBER 2010. WHERE IS THE BAILOUT MONEY GOING?
I recently read an article on yahoo finance where Realtytrac (a company that tracks foreclosures) says there were almost 300,000 foreclosure sales this year in just the months of July-September 2010. I am putting this here just so you can get a sense of what’s going on in the foreclosure / loss mitigation marketplace. Sort of makes you wonder where all the bailout money is going. One of my... [Read more of this post]
FORECLOSURE LAWYER – MICHAEL PINES FACING PROBLEMS (The bar says he is a danger to the public – meanwhile, he teaches the public).
WE HAD PREVIOUSLY COMMENTED ON MICHAEL PINES AND HIS BREAKING INTO HOMES OF HIS CLIENTS. NOW IT APPEARS HE IS FACING OTHER ISSUES, SUCH AS BANKRUPTCY, THAT ARE MAKING THINGS TOUGH FOR HIM AND HIS CLIENTS. WE WILL POST MORE ONCE WE KNOW MORE ABOUT THE STORY. UPDATE: 3/15/11: The California State Bar seeks to take law license of Michael T. Pines – while Michael Pines Seeks to Hold Foreclosure... [Read more of this post]
IF YOU ARE FACING FORECLOSURE AND HAVE A SALE DATE COMING UP, YOU MIGHT NEED A FORENSIC DOCUMENT ANALYSIS TO SEE IF THE LENDER IS FORECLOSING BASED ON FRAUDULENT ROBO SIGNER DOCUMENTS.
Okay everybody, the cat is out of the bag. The lenders tried to keep this all bunched under the rug as long as they could, and now the lenders have been exposed for their false and shoddy business practices and foreclosures based on false signings, false notary stamps, and robo-signers. Recently I was on the Willis report (Fox News) and we showcased a RoboSigner who claimed to be a Vice President... [Read more of this post]
ATTORNEY STEVE VONDRAN TALKING FORECLOSURE CRISES ON THE FOX NEWS TOM SULLIVAN SHOW
NOBODY WANTS TO BLAME THE BANKS – WHEN ARE WE GOING TO HOLD THEM RESPONSIBLE? THEY ARE TAKING HOME MILLIONS IN BONUSES AND THEY ARE NOT GOING OUT OF BUSINESS ANY TIME SOON. LET’S DEMAND ENFORCEMENT OF THE RULE OF LAW INSTEAD OF SHEDDING TEARS FOR THE BANKS WHO CREATED THIS MESS. STEVE VONDRAN ON FOX NEWS: TALKING ROBO SIGNERS / FALSE DECLARATIONS / WHO HAS THE NOTE / MERS ASSIGNMENTS... [Read more of this post]
A TALE OF FORECLOSURE LIES AND FRAUD IN THE FORECLOSURE PROCESS. TECHNICALITY OR EGREGIOUS VIOLATION?
MORE TALES FROM THE FORECLOSURE CRYPT – THE FORECLOSURE CARNIVAL (OR SHOULD WE SAY CARNAGE) CONTINUES. Well the basics of the story are this: (1) My Client got a loan with Indymac a few years back to buy a house in Southern California. It was a basic loan nothing fancy. (2) After he bought the property, the county tax assessor incorrectly assessed the value resulting in his property tax being... [Read more of this post]
Moratorium on foreclosure sales? – When so called “lenders” sell notes on the secondary market, a moratorium means nothing.
Folks, we have been trying to keep you updated on what is going on in the foreclosure circus and financial meltdown. I say circus, (maybe carnival is a better word, I don’t know) because there are clowns everywhere and lots of deception and the guys making the most money are selling corndogs and trying to guess your weight for a fee. We have seen so much bull**** over the last three years... [Read more of this post]
PRODUCE THE NOTE – CHALLENGE YOUR CREDIT REPORT TO TRY TO REMOVE YOUR FORECLOSURE AND SHORT SALE NEGATIVE CREDIT!
VONDRAN LAW ANNOUNCES NEW CREDIT REPAIR PROGRAM. If you were forced to short sale your house, or if you were foreclosed on you may be able to challenge your credit report and get these horrendous items removed from your three credit bureaus (Experian, Trans Union, and Equifax). No results are guaranteed but it is worth a try. Here is the situation, you have a legal right under the Fair Credit... [Read more of this post]
MAKING FRIENDS DURING FORECLOSURE-GATE! MERS VISITS VONDRAN LAW.
SON: Hey Dad, what’s a MERS loan? DAD: Well son, (clearing throat) ….MERS is the, ah, nominee of the lender and their successors and assigns…… SON: Is that all? DAD: No wait, I think they are the beneficiary too……a software company or something I don’t know….. SON: Are they going to foreclose on us Dad? DAD: If they do you and I can spend more... [Read more of this post]
And people have been asking why lawyers represent homeowners. We have answered that everyone has legal rights that they are entitled to. Now what do we see? The Office of the Comptroller of the Currency is halting foreclosures as Bank Fraud has been exposed.
MAMA – DON’T LET YOUR BABIES GROW UP TO BE BANKERS! “ROBO-SIGNERS” HAVE BEEN EXPOSED Noone would believe it, but now we have a semi-admission. So-called lenders and loan servicers have been asked to halt foreclosures and review their foreclosure processes after certain acts of fraud have come to light – mainly the acts of ROBOSIGNERS. Here is a link to the story: http://www.nytimes.com/2010/10/04/business/04mortgage.html?_r=2&partner=rssnyt&emc=rss&pagewanted=all. Apparently... [Read more of this post]
Arizona Foreclosure Basics: Foreclosure lawyer Steve Vondran discusses whether there is an obligation for the “lender” to produce the original promissory note before conducting a non-judicial foreclosure sale in Arizona.
This is a question we get all the time. For the most part, it appears trying the “produce the note defense” to a non-judicial foreclosure sale in Arizona (ex. Filing for a temporary restraining order or preliminary injunction in order to stop the non-judicial foreclosure strategy) will not prove to be a valid and viable defense. This outcome would be similar to the outcome a homeowner in California... [Read more of this post]
Arizona Foreclosure Lawyer Insights – Don’t wait until after your house is sold to raise a legal challenge to the foreclosure (A.R.S. 33-811)
Here is a defense that may be raised against you if you wait to challenge a foreclosure sale or irregularities in the foreclosure process AFTER your house is sold: Arizona Revised Statute 33-811(c) A. The highest bidder at the sale, other than the beneficiary to the extent of the credit bid, shall pay the price bid by no later than 5:00 p.m. mountain standard time of the following day, other than... [Read more of this post]
Just a quick two cents on a great web and logo designer that I have used that you should consider if you are needing a logo. Chris Prescott of www.thelogorocket.com will not dissapoint
I am digressing from my usual real estate talk to touch upon an issue that may affect some of you who seek a good logo design. The only reason I am writing this blog post is that I have had the hardest time finding a quality logo and graphics designer for projects I have had. I have been really frustrated in the past and spent time and money getting poor results. For once, I found a designer and... [Read more of this post]
TIPS FROM ATTORNEY STEVE VONDRAN AS SEEN ON THE FOX NEWS WILLIS REPORT.
Congressman Alan Grayson of Florida explains the whole MERS epidemic quite succinctly. The cat is out of the bag. THREE THINGS TO DO IF YOU ARE FACING FORECLOSURE (AS TOLD TO FOX NEWS WILLIS REPORT – ACTUALLY THEY RAN OUT OF TIME BUT HERE IT IS) (1) CONSULT WITH A FORECLOSURE AND REAL ESTATE ATTORNEY. FIND OUT WHERE YOU STAND (LITIGATION / BANKRUPTCY / SHORT SALE / MODIFICATION / DEFICIENCY... [Read more of this post]
Should you file your predatory lending, loan rescission or quiet title lawsuit in pro per? Some things to consider from a foreclosure litigation lawyer.
Here are a few things to consider if you plan on filing your foreclosure or predatory lending lawsuit in pro per (meaning you represent yourself as your own lawyer). We have been getting alot of calls from people who want us to step into their federal or state lawsuit filed against their lenders, loan servicers, MERS, etc. Here are a few things we end up discussing. (1) There is an old adage,... [Read more of this post]
TILA Rescission Case results in Mortgage eliminated – forensic loan audits do have a place in the loss mitigation marketplace and can lead to a valid TILA rescission.
Okay, this is a real interesting case. A California homeowner from Westminster California pulls off a HUGE Truth in Lending / Quiet Title win against Chase mortgage. Validating the need to obtain a forensic loan audit when you have a loan (refi loan) originated within the last three years and suspect there may have been material truth in lending violations in your loan file. As we have discussed... [Read more of this post]
Fannie Mae Gets Sour Grapes when Homeowners run their own NET PRESENT VALUE TEST and decide to walk from their homes!!
Many homeowners have worked hard to try to get a loan modification on Fannie and Freddie loans. Like alot of other “lenders”, the loan modifications are denied because they do not want to modify the loan, lack of income, excessive back-end expenses or other reasons (such as failure to pass the “net present value test”). The Net present value test is basically a back-room... [Read more of this post]
Is it better to die (or win) on offense or die on defense? How monday night football relates to foreclosure defense.
Okay, so I am digressing. This blog post is not about foreclosure defense. Not about real estate law. I have a very simple question to ask. IS IT BETTER TO DIE ON OFFENSE OR DIE ON DEFENSE (not that death is ever good, and it is not inevitable). I would argue it is best to win, and on offense. Here is the situation. I use the Football Game Analogy. I have been watching football games... [Read more of this post]
Overview of some things to consider if you plan to rescind your loan under TILA in Bankruptcy Court – Adversary Proceeding.
The following is general legal information only and not intended as legal advice or a substitute for obtaining legal advice. For specific answers to your questions please consult a real estate attorney. Steve Vondran, Esq., is a real estate attorney licensed to practice law in California and Arizona. He can be reached atsteve@vondranlaw.com or by phone at (877) 276-5084. There is no representation... [Read more of this post]
BASIC OVERVIEW OF TAKING A DEFAULT JUDGMENT IN CALIFORNIA WHERE A LENDER, LOAN SERVICER, HOMEOWNER, REAL ESTATE BROKER, OR INVESTOR FAILS TO ANSWER A REAL ESTATE COMPLAINT
The following is general legal information only and not intended as legal advice or a substitute for obtaining legal advice. For specific answers to your questions please consult a real estate attorney. Steve Vondran, Esq., is a real estate attorney licensed to practice law in California and Arizona. He can be reached at steve@vondranlaw.com or by phone at (877) 276-5084. There is no representation... [Read more of this post]
phoenix bankruptcy lawyer discusses Weisband case and who has standing to file a motion to lift the automatic stay in a bk court in an attempt to sell your house while in bk
In Re Barry Weisband, 427 B.R. Chapter 13 (Dist. Ariz. 2010). Case No. 4:09-bk-05175-EWH. The following is general legal information only, and just my interpretation of the Weisband case. Other interpretations may be possible. In addition, law often changes, please check to make sure this is good and valid case law at the time if reading. Steve Vondran is a Phoenix Foreclosure and Bankruptcy... [Read more of this post]
I know this is completely random, but I have received several calls lately regarding the question: SHOULD I GO TO LAW SCHOOL?
Sometimes people actually like what I am doing, how I treat people, and the fact that I fight for the rights of homeowners against big banks. I frequently hear that someone was thinking of going to law school and becoming a lawyer. Here are my thoughts on the topic. I don’t think everyone should go to law school, but some people MUST go. Here are my thoughts on the topic. Here are the characteristics... [Read more of this post]
Does Truth in Lending Act (TILA) apply to commercial loans? No. But what is a commercial loan?
Here is some general information on the TILA law. Commercial loans are not covered by TILA. But that is always not a easy question to figure out (is the loan commercial or is it a loan on the primary residence of the borrower). Here are a few ideas: TIL is a remedial statute to be broadly construed to further the Congressional purpose of meaningful disclosure of credit terms. Rachbach v. Cogswell,... [Read more of this post]
Law Offices of Steven C. Vondran launches Foreclosure College!
Foreclosure College Launches! First Seminar for Foreclosure and Bankruptcy Lawyers begins in September 2010 (edit/delete) FORECLOSURECOLLEGE.NET “BOOTCAMP” – Helping Lawyers Fight and Win the War on Foreclosure! TWO DAY SEMINAR – NEWPORT BEACH, CALIFORNIA – SEPTEMBER 2010 (Date to be announced) For Information on Foreclosure College Dates please visit http://www.ForeclosureCollege.net... [Read more of this post]
Predatory Lending Litigation: The lenders love federal court – dont forget the motion for REMAND to STATE COURT!
Here is the scenario……you file a predatory lending lawsuit alleging all sorts of causes of action. Here are a few of the typical causes of action you might raise in a predatory lending lawsuit: Fraud Misrepresentation Deceit Elder Abuse Truth in Lending Violation (Rescission, etc.) RESPA Civil Conspiracy Breach of contract Unjust enrichment etc. You are all reved up because you just... [Read more of this post]
Can a lender or their agent (ex, the loan servicer) pursue a non-judicial foreclose on real property via exercising the power of sale contained in the deed of trust, if the alleged creditor has only the note and no assignment and recording of the deed of trust (the security for payment of the note)? Understanding California Civil Code Section 2932.5.
Can a lender or their agent (ex, the loan servicer) pursue a non-judicial foreclose on real property via exercising the power of sale contained in the deed of trust, if the alleged creditor has only the note and no assignment and recording of the deed of trust (the security for payment of the note)? Understanding California Civil Code Section 2932.5. This article is general legal information only... [Read more of this post]
The California “One Action Rule” (Security-First Rule) – Can you second mortgage lender sue you on the note for default of the junior mortgage / deed of trust?
The California “One Action Rule” (Security-First Rule) – Can you second mortgage lender sue you on the note for default of the junior mortgage / deed of trust? We have been getting many calls lately from California homeowners (and even some commercial business owners) asking us if their lender can hold them liable for their second mortgage in California. And if so, can they sue them on the... [Read more of this post]
After filing a lawsuit affecting title to real property, don’t forget the lis pendens. General Overview of Arizona Lis Pendens Law
THE FOLLOWING IS GENERAL LEGAL INFORMATION. IF YOU HAVE SPECIFIC QUESTIONS, PLEASE CONTACT A PHOENIX REAL ESTATE LAWYER. We have been getting a lot of questions lately on lis pendens and quiet title law in Arizona. Some people confuse these two important foreclosure defense topics. Basically, after you file a lawsuit, and if your lawsuit involves title to real property (be careful there are penalties... [Read more of this post]
Challenging Negative Credit……..can a “pretender lender” report negative credit to the credit bureaus? We want to find out.
Here is the situation, in this age of securitized loans, (where loan servicers try to intentionally hide the identity of the true creditor of the loan, or where there simply is no way to tell for sure who owns the loan) it is usually very difficult to determine who owns your loan. The loan servicer will pretend to be the agent for the owner of the loan, and you are supposed to take this at face... [Read more of this post]
Another MERS case sheds light on whether or not MERS is a owner of your loan, beneficiary, or even authorized agent raising potential bankruptcy challenges…
FORECLOSURE CASES INVOLVING MERS – LEGAL BRIEFING OF CASE BY CALIFORNIA AND ARIZONA FORECLOSURE LAWYER STEVE VONDRAN. The foregoing is just my personal interpretation/opinion of the case and is not intended to be construed as legal advice or a substitute for legal advice. For specific questions consult a foreclosure and/or bankruptcy lawyer. Attorney Steve Vondran is licensed to practice law... [Read more of this post]
FORECLOSURE CASES INVOLVING MERS – LEGAL BRIEFING OF CASE BY CALIFORNIA AND ARIZONA FORECLOSURE LAWYER STEVE VONDRAN.
The foregoing is just my personal interpretation/opinion of the case and is not intended to be construed as legal advice or a susbstitute for legal advice. For specific questions consult a foreclosure and/or bankruptcy lawyer. Attorney Steve Vondran is licensed to practice law in California and Arizona. He is also a real estate broker in each state, and is on Neil Garfield’s Living Lies Websites... [Read more of this post]
A BASIC OVERVIEW OF FEDERAL TRUTH IN LENDING LAW AND HOW IT MAY HELP YOU IN YOUR WAR TO STOP FORECLOSURE!
We have been getting more and more questions about TILA (Truth in Lending Law) and the extended three year right of rescission. Here is one of our write-ups that discusses this concept in general terms. THE FOLLOWING IS NOT LEGAL ADVICE OR TO BE CONSTRUED AS LEGAL ADVICE OR A SUBSTITUTE FOR LEGAL ADVICE. FOR SPECIFIC INFORMATION ON YOUR CASE CONTACT A FORECLOSURE DEFENSE OR TILA LAWYER. DEFENDANTS... [Read more of this post]
WHO OWNS YOUR LOAN – FILING AN ADVERSARY PROCEEDING IN BANKRUPTCY COURT MAY HELP YOU FIND OUT……
So our Client is filing Chapter 7 bankruptcy in Arizona. We are trying to re-affirm the house debt and figure out exactly who we should be talking to. Of course, this is almost impossible to figure out. GMAC is acting as the loan servicer on one hand, but then the Attorney for GMAC sends us an email with the Note attached informing us that GMAC owns the loan. Okay, sounds simple enough. Then,... [Read more of this post]
HAMP SCAMMED? WHAT IS HAMP SCAM AND CAN YOU DO ANYTHING ABOUT IT?
Our office gets a good number of calls each day as the WAR ON FORECLOSURE wages on. It is truly amazing how many calls we get from homeowners who have been scammed, cheated, lied to, spit on, deceived, and perhaps even fraudulently abused. I got a call today regarding a homeowner that was a 70 years old and dealing with the “here’s a trial plan, thanks for your payments, oh we changed... [Read more of this post]
Strategic Defaults or “Buy and Bail”? What do you call it when you walk away from your home after the lender refuses to do anything meaningful as far as loss mitigation?
There is a new wave of happenings in the loss mitigation marketplace. When a loan servicer or lender fails to modify a loan (especially loans that are upside down and in need of principal reduction) some buyers are deciding to blow off the lender and just walk away from the property. Well of course the lenders are up in arms about this financial preservation strategy (as I learned in contract... [Read more of this post]
Monkey See – Monkey Do – Predatory Lending and Predatory Partnerships……Tales from the Foreclosure Pit.
PREDATORY LAWYERING? Here is another insider view of the types of things that go on when trying to saving your home from foreclosure……TALES FROM THE FORECLOSURE DEFENSE PIT. Attorney defending One West Bank and Wells Fargo in a TILA and Predatory lending lawsuit filed by our firm lies about postponing foreclosure. Statement of Facts My Client had rescinded their loan under Truth in... [Read more of this post]
Got an Option Arm Loan? Considering a Lawsuit? Some Pros and Cons of Option Arm Loan Lawsuits…….
(1) Litigation is expensive and should be deemed one of the last resorts you consider along with Bankruptcy. (2) You need a loan that has been originated within the past several years. Some people call on option arm (pick-a-pay loans) that are 7 years old. Probably not a good candidate for filing a lawsuit. (3) You need to distinguish between suing your broker who put you into the loan (ex. a suit... [Read more of this post]
another angry hamp trial plan hoax victim emails us………WE GOT DUPED……our response……
Yes, we are hearing more and more of these. People being dragged along making trial plan payments only to have the rug pulled out from beneath them. Unfortunately, you can also be on a trial plan and have them foreclose on you. So be careful, do not trust what these lenders and loan servicers are saying regarding trial plans and postponed sales especially where you have a foreclosure sale date... [Read more of this post]
HEY, MERS JUST GAVE ME A LOAN MODIFICATION ON BEHALF OF THE LENDER INDYMAC ON AN INVESTOR LOAN! CONFUSING? YEAH, SEE ATTACHED DOC.
Here is another example of MERS playing big shot in the loan modification setting. Click on the link below to view the document. The “lender” of the loan is stated to by Indymac Mortgage Services. Meanwhile the top of the loan mod agreement states “Investor Loan #” (does this mean there is both a lender and a investor of the loan)? Who knows. The document is signed... [Read more of this post]
PRODUCE THE NOTE IN A BANKRUPTCY COURT – CAN YOU CALL MERS AND OTHER “PRETENDER LENDERS” OUT IN A BANKRUPTCY COURT?
IN THIS DAY AND AGE OF “MERS LOANS” (WHERE THE MORTGAGE ELECTRONIC REGISTRATION SYSTEMS – A MERE SOFTWARE COMPANY – POSES AS A BENEFICIARY OF A LOAN), CAN WE TRULY ACKNOWLEDGE ANY ALLEGED BENEFICIARY OF A LOAN AS BEING A “CREDITOR” IN A BANKRUPTCY SETTING? Attorney Steve Vondran can be reached at steve@vondranlaw.com or (877) 276-5084. Mr. Vondran is licensed to practice law in... [Read more of this post]
We got a restraining order preventing Bank of America from foreclosing on property today. Why? Lenders cannot be trusted.
Pretty typical story…..client is denied a loan modification, but still working in good faith in the loss mitigation system. Lender could basically care less and cannot be trusted NOT to foreclosure on Client. Where does this leave us? Where does this leave my client who is doing nothing more than working in good faith to save their home from foreclosure and do the right thing to short sale... [Read more of this post]
i am so encouraged to hear that the lawsuits are flying against Indymac / Onewest bank……..take the battle to them…..
It is music to my ears to learn I am not the only attorney suing Indymac and OneWest bank. These guys are amazing. Indymac goes out of business because it originates loans that cannot be repaid (yet, supposedly this is all the borrowers fault and not theirs). Then, the FDIC comes in like superman to SAVER THE DAY (receivership) and forms “Indymac Federal” (yeah, whatever the heck... [Read more of this post]
DO YOU HAVE VALID LEGAL GROUNDS TO FILE AN OPTION ARM LAWSUIT SEEKING MONEY DAMAGES, INJUNCTION, AND/OR RESCISSION AGAINST YOUR LENDER AND/OR BROKER? FILL OUT OUR PREDATORY LENDING QUESTIONNAIRE.
We have been getting a good number of calls from California and Arizona homeowners who have option arm (negative amortization) loans, also called “pick-a-pay” (what we call “pick-a-prey”) loans who have not been given loan modifications, or meaningful loan modifications, and who are fed up with their lender/loan servicer, and the broker that put them into the toxic and exploding... [Read more of this post]
Wells Fargo yields to our HAMP “trial plan fraud” letter leading to loan modification for Homeowner.
Hi folks, if you have been around reading some of our blogs you may know we have another website called http://www.trialplanfraud.com where we discuss some issues relating to HAMP loan modifications, trial plan modifications, breach of contract, etc. One thing we cannot stand as a loss mitigation law firm helping homeowners is when some of the big lenders (who already got their bailout, and who are... [Read more of this post]
FROM THE LOSS MITIGATION REALITIES FILE: The “lender please don’t make me tender” phenomena
HOMEOWNER WARNING: STOP TRUSTING THE BANKS – THEY WILL FORECLOSE ON YOU WITHOUT HESITATION, WITHOUT WARNING, AND WITHOUT FOLLOWING THE FORECLOSURE LAWS. We have been getting a slew of calls from Arizona and California homeowners calling us after their house has been sold at a foreclosure sale. Here are a sample of the kinds of things we are CONSTANTLY hearing: “Can you help me, they... [Read more of this post]
Bank of America (good ole red, white, and blue) faces class action lawsuit over loan modification unwillingness……
Bank of America Chintzy with Mod Money Lawsuit Well, as we have been saying all along, the lenders (who got their happy meal bailout – BofA got 25 billion dollars – go red, white and blue) have been a bit too chintzy with loan modifications even where it pretends to be committed to applying federal bailout out funds to help homeowners. In Washington state, homeowners have had enough of... [Read more of this post]
I owe, I owe, its back to short sale I go……..do you need a short sale attorney?
We are getting more and more calls from people who have decided to give up on the hopes of principal loan balance reduction (we have always told people principal loan balance reductions are like a bigfoot sighting) and instead seek to short sell their property letting the bank deal with the property, especially where the stubborn bank (that got their bailout) refuses to help the homeowner save their... [Read more of this post]
From the PERSONAL LIABILITY FILES: Can you be liable for a deficiency judgment following a foreclosure sale in Arizona?
FORECLOSURE ISSUES: CAN A LENDER PURSUE A DEFICIENCY JUDGMENT IN ARIZONA? GENERAL LEGAL PRINCIPLES BY STEVE VONDRAN ATTORNEY. Mr. Vondran is licensed to practice law in California and Arizona and maintains an office in Newport Beach, California and Phoenix, Arizona. He currently practices in the area of Real Estate, Foreclosure Defense, and Bankruptcy. He can be reached at (877) 276-5084. The following... [Read more of this post]
Short sales and deficiency judgments – a basic overview in Arizona
Understanding the Short Sale Process and Deficiency Judgments – A General Overview By Real Estate Attorney Steve Vondran. Our firm currently handles Real Estate, Foreclosure, and Chapter 7 Bankruptcy cases in California and Greater Phoenix Arizona. We can be reached at (877) 276-5084 or steve@vondranlaw.com Sign a listing agreement between the real estate agent and the homeowner. Typically... [Read more of this post]
Will short sales or deed-in-lieu-of-foreclosure be in your future? Maybe HAFA has some answers
FORECLOSURE DEFENSE BASICS: UNDERSTANDING THE HOME AFFORDABLE FORECLOSURE ALTERNATIVES PROGRAM (HAFA), SHORT SALES, DEED IN LIEU OF FORECLOSURE AND DEFICIENCY JUDGMENTS So many homeowners are fighting for reasonable loan modifications that will save their homes from foreclosure. Other people are seeking refuge in a bankruptcy Court (Chapter 13 Bankruptcy, and Chapter 7 Bankruptcy). Still others... [Read more of this post]
HAMP PERMANENT LOAN MODIFICATION – WISHFUL THINKING OR SOLID PROGRAM? LENDER FEBRUARY 2010 REPORT CARD IS IN.
HAMP REPORT CARD IS IN – PARTICIPATING HAMP LENDERS AND LOAN SERVICERS SIMPLY DONT MAKE THE GRADE WHEN IT COMES TO PROVIDING PERMANENT LOAN MODIFICATIONS. IS ANYONE SURPRISED HERE? First let’s take a look at the official government spin on the progress made under HAMP. You can check out this link here http://www.makinghomeaffordable.gov/pr_03122010.html but let’s post below what it... [Read more of this post]
Does Produce the Note theory apply in a bankruptcy court?
There are a good number of cases (i.e. legal precedent) that come from bankruptcy courts that demand that “lenders” and beneficiaries who wish to assert their secured creditor status in a bankruptcy court, or to lift the automatic stay provided by a bankruptcy filing, that these entities do not get a free pass (like they do in non-judicial foreclosure sales) and are forced to provide documentation... [Read more of this post]
insights into the mind of the enemy……..what lender lawyers really think about your loss mitigation efforts….
WHAT LAWYERS WHO REPRESENT LENDERS AND LOAN SERVICERS REALLY THINK ABOUT YOUR ATTEMPT TO FIGHT TO SAVE YOUR HOME FROM FORECLOSURE Here is a recent email exchange I had with one of the large lender/loan servicers in regard to asserting my Client’s Truth in Lending rescission rights. This email allows you to get a little flavor of what the big bad bailed out banks think about helping other people who... [Read more of this post]
CAN A CALIFORNIA HOMEOWNER DEMAND THAT THE LENDER OR LOAN SERVICER PRODUCE THE NOTE AS A FORECLOSURE DEFENSE STRATEGY?
There is no guarantee the following is correct. Law changes all the time. This is for attorneys only and you should assume the information is not correct. This is general legal information only. _____ Unfortunately, court says “no way” and declares THERE IS NO REQUIREMENT THAT THE ANYONE PRODUCE THE ORIGINAL PROMISSORY NOTE AS A PRE-REQUISITE TO PURSUING A PRIVATE TRUSTEE SALE. Here... [Read more of this post]
2010 is a new year, but will the loan mod scammers go away? Consumers must remain vigilant.
AN UPDATE ON CALIFORNIA LOAN MODIFICATION SCAMS AND SB 94 – CONSUMERS MUST REMAIN ALERT AND VIGILANT Well the last year has been pretty crazy in the loan modification business. We have seen lots of companies being shut down by the California Department of Real Estate and California State bar (ex. brokers, attorneys, “attorney-backed” and “attorney-based” law centers and fictional “law... [Read more of this post]
Commercial Loan Modifications (the next phase?). Advance Fee Agreement!
COMMERCIAL LOAN MODIFICATION ADVANCE FEE AGREEMENT FOR SALE Okay, so SB 94 was passed preventing California DRE brokers (and Attorneys and others) from taking advance fees for loan modification and mortgage forbearance work. This has literally run many loan modification companies (both the loan mod scammers and legitimate loan modification companies) right out of business. As loan modifications... [Read more of this post]
CALLING ALL WORLD SAVINGS AND WACHOVIA OPTION ARM LOANS………
RUNNING OUT OF TIME FOR WACHOVIA AND WORLD SAVINGS OPTION ARM LOANS This is an update for all of our Clients who have World Savings and Option Arm Loans. As you may have heard on our radio show www.LoanModRadio.com (The Foreclosure Defense Show), we have been successful helping many homeowners who have World Savings and Option Arm Loans get loan modifications without charging any advance fees. ... [Read more of this post]
QUIET TITLE 101 – A GENERAL OVERVIEW OF CALIFORNIA QUIET TITLE LAW
QUIET TITLE ACTIONS IN CALIFORNIA – A BASIC OVERVIEW The following is general legal information and is not to be construed as legal advice or a substitute for legal advice. The information below many not be complete, accurate, or up-to-date as law can, and does frequently change. For specific questions about your quiet title case, contact a real estate or foreclosure defense attorney to review... [Read more of this post]
Welcome to my Foreclosure Defense and Bankruptcy Law Blog!
OUR GOAL HERE IS TO PROVIDE YOU GENERAL LEGAL INFORMATION, TIPS, STRATEGIES, AND INSIGHTS THAT MAY HELP YOU SAVE YOUR HOME OR INVESTMENT PROPERTY FROM FORELOSURE. SOME TOPICS THAT WILL BE DISCUSSED ON THIS WEBSITE ARE AS FOLLOWS: Truth In Lending Law including rescission rights Bankruptcy with a focus on Chapter 7 and Chapter 13 Forensic Loan Audits Predatoy Lending Mortgage Litigation Foreclosure... [Read more of this post]
ARIZONA PASSES LOAN MODIFICATION LICENSING LAW – WILL THIS STOP THE “ATTORNEY-BACKED” SCAMS?
Arizona Legislature passes Law Regulating Loan Modification Companies – Arizona House Bill 2145 – Will it stop Mod Scams? The Arizona State Legislature passed a law effective October 1, 2009 that provides that any person wishing to negotiate with lenders or note holders to obtain a temporary or permanent modification in an existing residential mortgage loan agreement become licensed as a Mortgage... [Read more of this post]
Top things we look for in foreclosure defense cases….
(1) are there are grounds for an injunction (wrongful foreclosure / failure to follow foreclosure laws / truth in lending rescission grounds with ability to tender) See our website at www.rescindmyloan.net for more information on truth in Lendin Rescisssion cases; (2) Are there grounds for a preadtory lending lawsuit? (ex. predatory lending claims against a brooker who may have been insured at... [Read more of this post]
Bankruptcy resources for Phoenix Arizona Regional Homeowners
When you are considering filing for bankruptcy in the Greater Phoenix Arizona region (Phoenix, Scottsdale, Tempe, Mesa, etc.), you will likely be filing your case in the United States Bankruptcy Court for the District of Arizona. The address for the United States Bankruptcy Court for the District of Arizona is 230 N. First Ave, Suite 101, Phoenix, AZ 85003. The general telephone numbers are 602-682-4000 /... [Read more of this post]
Can you rescind your Loan During a bankruptcy?
THE OVERLAP OF BANKRUPTCY AND TRUTH IN LENDING LAW Bankruptcy is an option for some California or Arizona homeowners who are facing foreclosure. Basically there are two types of Bankruptcy that most homeowners wind up considering. Chapter 7 Bankruptcy – which normally eliminates unsecured debts but which may not save the home from foreclosure and; Chapter 13 Bankruptcy – which usually... [Read more of this post]
A basic overview of Truth in Lending Law and Rescission Rights: Separating the Theory from the Practice.
TRUTH IN LENDING RESCISSION RIGHTS Truth in Lending law is one of the most powerful rights consumers have to fight predatory lending and to potentially save ones home from foreclosure. WHAT IS TRUTH IN LENDING LAW? Truth in lending law (essentially) is a law that demands that financial institutions make certain “material disclosures” in a loan transaction such as disclosing the annual... [Read more of this post]
WHAT DOES IT MEAN WHEN LOANS ARE SECURITIZED?
When people say that your “loan was sold on the secondary market” usually they mean that your loan was immediately sold off after it was originated. The financial institution that purchases the loan is purchasing a negotiable instrument and since they were “assigned” the loan and the right to receive payment, they are known as the loan “assignee.” Now, sometimes the party that purchases... [Read more of this post]
FORECLOSURE DEFENSE TOOLBOX: GUIDELINES FOR THE FHA LOAN MODIFICATION PROGRAM
DO YOU HAVE AN FHA LOAN THAT NEEDS MODIFICATION? NEW PROGRAM ALLOWS PRINCIPAL LOAN BALANCE REDUCTIONS AND FIXED INTEREST RATES. The following is general information. Steve Vondran practices real estate, bankruptcy and foreclosure defense and can be reached at steve@vondranlaw.com or (877) 276-5084. He helps homeowners in California and Arizona where he is licensed to practice law. Effective August... [Read more of this post]
FORECLOSURE DEFENSE TOOLBOX: SOME POSSIBLE GROUNDS FOR SEEKING AN INJUNCTION TO STOP FORECLOSURE IN ARIZONA
A few ways (ideas) to try to seek an injunction against foreclosure in Arizona The following is general legal information only and is not to be construed as legal advice or a substitute for legal advice. These are a few things to look at when investigating whether or not you have a defense to foreclosure. Steve Vondran, Esq. is an attorney practicing Real Estate, Bankruptcy and Foreclosure Defense... [Read more of this post]
When foreclosure cannot be averted, be aware of Tenant’s Rights Issues……
FORECLOSURE TIPS: OVERVIEW OF TENANTS RIGHTS FOLLOWING EVICTION (NEW HOPE FOR MODIFYING INVESTMENT PROPERTIES?) Hi again, we have posted information on previous blogs about tenants rights following eviction. Here is an overview of what we are looking at. The following is general legal information only and is not legal advice, or to be construed as legal advice. For specific questions please... [Read more of this post]
SOME GENERAL TIPS TO AVOID A LOAN MODIFICATION SCAM – DO YOUR HOMEWORK!
TOP FIVE TIPS TO LOOK OUT FOR IN AVOIDING LOAN MODIFICATION SCAMS: Beware of any company that promises principal loan balance reduction. Although most borrowers are seeking principal reduction, any company that guarantees this should be seriously scrutinized. Don’t be fooled by their claims “if we are not successful we will give you your money back.” By the time you go to get your money... [Read more of this post]
Produce the Note Strategy – A Summary of what I learned at the neil Garfield PRODUCE THE NOTE seminar in La Jolla, California
The following is general legal information only and should not be relied upon as legal advice. From the years 2001-2008 most loans originated by so called ìlendersî (who lent none of their own money as can usually be verified by looking at the ìlenderísî financials) were securitized and sold on WALL STREET to investors such as mutual funds, municipal funds, hedge funds, insurance companies and... [Read more of this post]
What is a Qualified Written Request under RESPA?
QUALIFIED WRITTEN REQUEST A qualified written request is a WRITTEN request that every homeowner can send to their loan servicers to protest billing and accounting issues and to request other relevant information. The rights arises under Section 6 of the Real Estate Settlement and Procedures Act (“RESPA” as they call it). RESPA: What we do in just about every case is to send in a Qualified... [Read more of this post]
OUR MISSION IS HELPING HOMEOWNERS AND PUTTING THE “TRUTH” BACK IN “LENDING”
Some people have asked me, why are you passionate about foreclosure defense and helping Arizona homeowners? One of the answers I like to give is the following: OUR MISSION: “WE ARE FIGHTING FOR “TRUTH IN LENDING” (a strange concept, i know!): (1) WE ARE FIGHTING FOR TRUE AND ACCURATE DISCLOSURE OF A LOAN PRODUCT, ITS NATURE, AND TERMS (TELL PEOPLE THE TRUTH ABOUT THE LOANS THEY ARE LOCKING INTO).... [Read more of this post]
Option Arm Loan Glossary
OPTION ARM LOAN GLOSSARY Option ARM: An adjustable-rate mortgage which typically provides 4 different types of payment options each month (teaser rate payment, interest-only payment, 15 year amortized payment and 30 year amortized payment). Teaser Rate: This is the initial interest rate which is typically very low (lower than the actual note rate), and which is designed to induce people to enter into... [Read more of this post]
ARGUING FOR THE PRELIMINARY INJUNCTION – WHERE THE RUBBER HITS THE ROAD. A FEW IDEAS IF YOU ARE ARGUING YOUR OWN CASE
THE LAW OFFICES OF STEVEN C. VONDRAN, P.C WHEN YOU ARE TRYING TO SAVE YOUR HOME FROM FORECLOSURE, GENERALLY WHAT HAPPENS IS THERE IS A SALE DATE COMING UP QUICK. FOR EXAMPLE, THE HOUSE WILL BE SOLD NEXT WEEK. IN A PANIC, MOST PEOPLE TURN TO A FORECLOSURE DEFENSE ATTORNEY AND HAVE THE FORECLOSURE LAWYER LOOK AT THE CASE AND SEEK TO IDENTIFY WHAT TYPES OF CLAIMS YOU MAY HAVE THAT WARRANT THE FORECLOSURE... [Read more of this post]
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