California foreclosure defense HOMEOWNER WARNING – Help, my second mortgage is foreclosing
We have been getting a rash of calls lately (for some reason) and this seems to be an emerging issue or trend in foreclose in California. That is, mortgagors, trustors and borrowers are CURRENT on their first mortgage (for example with either the securitized loan trust or loan servicer such... [Read more of this post]
California loan modification duty of care on lenders and loan servicers – Alvarez v. BAC Home Loans 228 Cal.App 4th 941 (2014) Court of Appeals 1st District.
Bonus Materials – Click on the picture above to watch the Attorney Steve video case brief and see how a real estate lawyer analyses the issues. Click on the RED “V” to subscribe to our video channel for future legal... [Read more of this post]
People have asked me for general advice when dealing with a foreclosure in California. Here are some general thoughts (facts, issues, and legal theories may differ so contact us for a consultation for specific advice).
Click on the video to watch our foreclosure youtube channel. Make sure you SUBSCRIBE by clicking on the RED “V” in the top right corner. That way, you will get future... [Read more of this post]
California Homeowner Bill of Rights – Early “dual tracking” case going to trial!
People are wondering if the California Homeowner Bill of Rights has any “teeth” We are still trying to figure this out as well. One of the biggest issues under CHBOR is the “dual tracking” prohibition. We have talked about this on many blogs. In fact, here... [Read more of this post]
Truth in Lending essentials – Can the three year right to rescind your mortgage loan be equitably tolled?
Truth in lending law is heating up once again. We have talked FOR YEARS (just search our blog for proof) about Federal Truth in Lending Act (“TILA”) and how in many cases this is the most powerful weapon a homeowner or borrower has when dealing with securitized... [Read more of this post]
Truth in Lending Loan Rescission Legal Tips
What do you do when you have sent in a letter to rescind your mortgage a few years back, and the lender, loan servicer, creditor, securitized loan trust, and others refused to honor your rescission request, and figured that since you did not sue them you have no remaining legal rights? Here is one sample letter that is similar to letters we... [Read more of this post]
Loss mitigation fraud – Insider Trading Fraud
So here is the common scenario we are seeing. Homeowner is in default, working with the loss mitigation department of the major bank or loan servicer. Borrower is told DO NOT MAKE YOUR MORTGAGE PAYMENTS. So the borrower trusts the banks and basically does what they are told. This of course forces them into a loan default and... [Read more of this post]
Predatory Lending Litigation – From Attorney Steve case files!
We have talked for years about the various aspects of predatory lending. Negam loans (aka option arm loans – where you were given a low “teaser” rate and then the interest you were not paying was being lumped on the end of your loan, waiting to explode on you, causing your payment shock and leading... [Read more of this post]
Homeowner’s Association Lawyers Fighting Wrongful Foreclosure (FDCPA & Stirling Davis Act).
Click on the picture to watch our Video!
This blog answers a simple question, but dealing with a problem we are seeing more and more. The HOA moving to foreclose on its lien for unpaid dues and assessments. If you are facing foreclosure from your HOA, you need to think about sending... [Read more of this post]
California Foreclosure Defense Law Firm – Legal Challenges in UD.
In California, foreclosures continue even though the press largely ignores this issue (i.e. the issue of the United States becoming a “renter society” as powerful foreclosure investors buy up all the distressed real estate and seek to evict the former borrowers from their homes and turn them into tenants.
Despite... [Read more of this post]
California Homeowner Bill of Rights – Produce the Note foreclosure defense theory on life support?
California Civil Code Section 2923.55 Demand Letter Template PDF (Copyrighted sample letter to produce the note under CHBOR 2923.55)
People have been asking me “is produce the note a valid legal theory.” This is an interesting question. We know one thing for sure... [Read more of this post]
Financial institutions, loan servicers, banks and fiduciary duties!
Does a loan servicer owe a fiduciary duty to their borrowers? What about to borrowers in the loan modification process? What about to borrowers have a “reset” provision in the borrower’s deed of trust. A reset provision is one that basically states that after a certain number of years, the... [Read more of this post]
California Homeowner’s Bill of Rights Sample Complaint
Many people have asked us what a civil lawsuit Complaint looks like, one alleging violations of the California Homeowner Bill of Rights. Here is a sample California CHBOR complaint we drafted to show you what one might look like. This complaint is copyrighted, but if you want to obtain a license to use the complaint please... [Read more of this post]
Pre-foreclosure homeowner demand package
This blog is intended for California attorneys, law firms, and property owners who fight the foreclosure battle.
Fighting to save your home from the jaws of foreclosure in California is never an easy task. The banks have pulled off quite a bit of magic including things like:
1. Being able to foreclose without any legal proof they own your loan... [Read more of this post]
Keshtar v. U.S. Bank – “There is no pre-foreclosure cause of action to challenge the authority of the person initiating foreclosure.”
CLICK HERE TO JUMP TO THE VONDRAN LEGAL HOUR REAL ESTATE LAW PODCAST RE THE KESHTGAR V. US BANK CASE.
The following is general legal information only and not legal advice. The information may be outdated or incorrect.
This is another... [Read more of this post]
Civil litigation attorney to file lis pendens – what is a lis pendens in California?
Introduction – notice of pendency of action.
A lis pendens if often misunderstood. This is a question we get quite often – “can you file a lis pendens” or “how do I file a lis pendens.”
The first question we have in response is “have you filed a civil lawsuit involving... [Read more of this post]
Ynanova v. New Century Mortgage Corporation – Does a borrower have standing to challenge fraudulent securitization of a mortgage loan?
CLICK HERE TO JUMP TO YNANOVA V. NEW CENTURY MORTGAGE PODCAST ON VONDRAN LEGAL HOUR.
This is another in a long line of California homeowner foreclosure cases that challenge some of the strange things that go on in foreclosure cases. One of those... [Read more of this post]
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) about the “ins and outs” of foreclosure law.
Foreclosure Defense topics we will cover include Federal Truth in... [Read more of this post]
California Homeowner wins loan servicer jackpot – 16 million dollar jury verdict against PHH in loan modification abuse case.
16 million dollar judgement for loan servicer abuses – when will they learn? California homeowner Phil Linza sued PHH mortgage in Yuba county for loan servicer abuses in regard to seeking to get his loan modified. PHH is one of the top ten largest loan servicers... [Read more of this post]
JUMP TO OUR PODCAST ON CALIFORNIA DUAL TRACKING LAW
What is the California Homeowners Bill of Rights?
The CHBOR was passed and became effective January 1, 2013. After this date, most major loan servicers that you deal with are forced to comply with the law. The law sets forth several things that must be followed by loan servicers which, incredibly, since I wrote my last article on the bill of... [Read more of this post]
2014 BORROWER ALERT: BE ON THE LOOKOUT. BANKS AND CREDIT UNIONS ARE SENDING OUT LETTERS TRYING TO PAY YOU LOW SUMS OF MONEY SUCH AS $1,000 SO THEY CAN RELEASE YOUR LOAN FROM THE SECURITY INSTRUMENT SO THAT THEY CAN THEN COME BACK AND SUE YOU ON THE NOTE IN A CIVIL LAWSUIT, WHERE THEY WILL PROBABLY ALSO SEEK THEIR ATTORNEY FEES. BEFORE YOU SIGN ANY AGREEMENT TO RELEASE OR SETTLE OUT YOUR SECOND... [Read more of this post]
Attorney Steve podcast (Vondran Legal Hour) – the business and real estate success podcast, discusses surplus funds fraud.
We advise our California and Arizona real estate clients to BE ON THE LOOKOUT for foreclosure surplus funds fraud.
Here is a link to our real estate podcast discussing this important issue. Tell a friend.
– Attorney Steve –
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Can you fight wrongful foreclosure in California?
Attorney Steve has been fighting for the rights of homeowners since the foreclosure meltdown began. He has been in the trenches fighting for good people, and fighting for decency and the rule of law when California homeowners face the loss of their most precious asset – the real estate investment they have poured their hearts,... [Read more of this post]
One of our clients recently received a letter from Wells Fargo that stated it was a Wells Fargo Release of Second Mortgage:
“We are writing to let you know that we are releasing the lien on your property that serves as the collateral for the above referenced account.”
The letter goes on to say:
“Wells Fargo is extinguishing any secondary interest that we may have had in the property”
This... [Read more of this post]
Glaski v. Bank of America, N.A. case affirms right to challenge bogus assignments of deeds of trust in California.
Click here to watch Attorney Steve discuss the Glaski wrongful foreclosure case.
Here is a link to the Glaski v. Bank of America quiet title case.
Eureka! A California appellate Court has confirmed what we have been saying all along, and which homeowner defense pundits such as Neil... [Read more of this post]
California Notice of Default Law
When a lender seeks to foreclose, one of the things they must do is to file a Notice of Default (which gives 90 days to cure) and a Notice of Sale (which gives at least 20 days notice before the sale date). This is foreclosure 101. Most everyone knows that. Without recording a notice of default that strictly complies with the notice of default requirements under... [Read more of this post]
Muralles v. Max Capital Investments – Los Angeles Superior Court (2013). Case#BC459723 In my practice involving mortgage foreclosure defense I have occasion to perform legal research into the latest foreclosure litigation cases. Here is a mortgage reinstatement case that I recently came across that was filed in Los Angeles Superior Court. It is a case involving a borrower that had taken... [Read more of this post]
short sales, deed in lieu, credit damage, false promises, advance fees for loan modifications, attorney malpractice
FORECLOSURE MALPRACTICE IN CALIFORNIA – ADDING INSULT TO INJURY.
There can be nothing worse in this world than being told that if you pay someone money that they will be able to help you save your home from foreclosure.
This happens quite a bit and we have heard our fair share of... [Read more of this post]
CALIFORNIA HOMEOWNER BILL OF RIGHTS – BONUS SAMPLE LETTER UNDER CIVIL CODE SECTION 2923.55 TO VIEW!
Here we are, seven years after the start of the mortgage meltdown. At the beginning, people like Neil Garfield and Max Gardner were talking about pretender lenders and loan servicers who can ‘t legally prove they can enforce your mortgage in most cases (ex. some portfolio loans might be... [Read more of this post]
We have been getting a rash of phone calls lately from distressed property owners who are mad as heck that the banks will not allow them their legal right to reinstate their loans.
This appears to be a situation that is literally getting out of control. In California you have legal rights, even after getting a notice of default and even while in the foreclosure process.
The law regarding rights... [Read more of this post]
Attached below is a presentation I gave at a CLE for real estate and foreclosure lawyers in 2013 in San Diego. SAN DIEGO SEMINAR May 2013 powerpoint
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If you were the victim of a wrongful foreclosure, including if you were a service member foreclosed on or another person foreclosed on while in the foreclosure and loss mitigation process. You may be entitled to compensation as high as $125,000 and loss equity. This is the reqview 14 of the loan servicers are now undertaking to see if you might apply for financial compensation for injuries suffered... [Read more of this post]
Hi, Attorney Steve back here with you. We have been in the trenches fighting for legal rights of our clients who are facing foreclosure.
One we we do this is to try to build an army of lawyers who are knowledge about the rights homeowners face in the foreclosure process.
Here is some information on the topic
Some topics we will hope to cover are:
1. Top grounds to getting injunctions in California
2.... [Read more of this post]
Are you facing foreclosure and do you have any of the following questions (which we hear alot):
1. Do I qualify to be placed on a mass joinder lawsuit against the banks or loan servicer?
2. Does my case qualify for predatory lending litigation?
3. Will filing a lawsuit help me prevent foreclosure of my property? What about bankruptcy?
4. What is a Qualified Written Request (“QWR”)... [Read more of this post]
Seems the politicians keep coming out with something new to try to appease the masses who are forced to fight for their houses in the the trenches while dealing with lenders or loan servicers who like to abuse people in the loan modification and short sale process. We are always hopeful this will be the law that brings fair treatment. But isn’t this like the third or fourth attempt... [Read more of this post]
Here is a 2012 case from the Arizona Supreme Court regarding the “produce the note” or “show me the note” legal theory.
ARIZONA FORECLOSURE CASE HOGAN V. WASHINGTON MUTUAL; JP MORGAN, DEUTSCHE ET AL.
The basis of the challenge to foreclosure by the homeowner was that the financial institution seeking to foreclose did not have any proof of legal ownership.
Here are a... [Read more of this post]
We have talked alot both on our radio show (“Vondran legal hour”) and on our blogs about our NO ADVANCE FEE wachovia and world savings loan modification program. Some people have wanted to see proof and we can certainly appreciate skepticism especially when there are so many foreclosure rescue scams out there.
We have provided proof of some of our results on our website CONTINGENCYMODS.COM.
Here... [Read more of this post]
Federal Judge says Fannie and Freddie must pay up. Oakland and the State of California owed money from the big boys.
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Well, we have talked about the 25 billion dollar settlement between the various state attorney generals and the five big banks (citi, ally financial, wells fargo, bank of america, and jp morgan chase), but now we have something concrete. The 25 billion dollar attorney general settlement agreements have appeared on the internet for review. You can click on the settlement agreements with the various... [Read more of this post]
I came across this today from the California Attorney General website. Just a quick post for you to review that discusses a California homeowner bill of rights which is “designed to protect homeowners from unfair practices by banks and mortgage companies and to help consumers and communities cope with the state’s urgent mortgage and foreclosure crisis.”
The memo... [Read more of this post]
More and more California Notaries are finding their way into civil foreclosure lawsuits.
We are seeing more and more notary “produce the transaction log” letters being sent out by California lawyers to various notaries in both California and elsewhere. We have talked about California notary duties on our websites, in particular on our Robosisgner website. This phenomena is happening,... [Read more of this post]
Here’s one situation that came up recently. The borrower had a first and second mortgage (both were refinance loans – non-purchase money loans). The borrower was not making loan payments and they received a notice of default. Prior to the trustee sale date, the borrower filed for bankruptcy protection (Chapter 7 no asset case). The senior lien holder sought to lift the automatic... [Read more of this post]
Okay, here comes the latest window dressing of the day and a settlement that may force what the banks should have done voluntarily and that is give principle reductions to California homeowners. Here is a link to the mortgage settlement with the California Attorney General. Here are a few snippets from the Attorney General on the settlement:
– “California families will finally... [Read more of this post]
California Foreclosure Case – Lona v. Citibank (scroll to the bottom) Okay, we have been talking about predatory lending for some time now. We have talked about California homeowners being steered into loans that virtually guaranteed their foreclosure sale. We have talked about lenders and real estate brokers that falsely stated income on loan applications, and we have talked about non-judicial... [Read more of this post]
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 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 Financial Hangover likely to continue in 2012
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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]
Give this a watch and listen. Help spread the word by passing it on- the Foreclosure Blues!
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Give it a listen and pass it on if you like it!
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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]
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]
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]
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]
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]
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 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 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 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]
Here is a link to a story on MERS and how recent lawsuits were just dismissed in Federal Court in Arizona.
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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.
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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]
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]
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]
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]
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]
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]
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]
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 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]
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]
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]
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]
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:
PURCHASER AT SALE
VIA FAX AND EMAIL
Re: Demand to Record... [Read more of this post]
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]
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]
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]
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]
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.
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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]
Here is a link to the article on a homeowner foreclosing on BofA. LOL
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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]
Just a quick link to an article I saw today talking about Bank of America’s losses related to housing crisis.
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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]
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]
PS If he was winning, as he says, why was he having to break into homes?
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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]
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.”
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The mushroom cloud and KABOOM cannot always be trusted to bring you the headline foreclosure news. Here is the latest ALRAM DRILL
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]
If so, please email them to us at firstname.lastname@example.org. 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]
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 email@example.com.
We are willing to swap the signatures we have.
All parties are presumed innocent and in compliance with the law.
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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.
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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]
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]
Here is a good link I found dealing with Arizona Foreclosures.
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INTERESTING ARTICLE ON WHETHER ARIZONA WILL EVER HOPE TO GET THE SB 1259 PROOF OF OWNERSHIP BILL PASSED.
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See where your lender / loan servicer ranks in regard to loan modifications!
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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]
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]
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]
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]
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]
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]
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]
Here are the lyrics – As of today, over 11,000 hits on Youtube:
LOVE, YOUR BROKEN HOME
By: Tim Miller © 2010
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
FOOLISH... [Read more of this post]
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]
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]
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]
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]
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]
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]
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]
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.
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HSBC has stated it will halt foreclosure due to shoddy foreclosure paperwork. I think what they meant to say is halting foreclosure due to:
(2) Notary Fraud
(3) Fraud on various courts in judicial foreclosure states.
Is it just me, but it seems these are the issues.
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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]
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]
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]
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]
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]
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]
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]
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:
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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.
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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]
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 – 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]
ADVERSARY PROCEEDINGS – YES, IN SELECT CASES YOU CAN FILE A LAWSUIT IN THE BANKRUPTCY COURT
Some property owners are elect to file Chapter 7, 11 or 13 bankruptcy. In a bankruptcy case, you might have legal grounds to file a lawsuit, called an “adversary proceeding.”
The following are some of the typical types of cases that MIGHT allow you to file a Bankruptcy Adversary Proceeding:
(1) ... [Read more of this post]
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]
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]
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]
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]
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]
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]
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]
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]
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]
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]
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]
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]
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]
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]
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 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]
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]
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]
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]
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]
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]
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)
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]
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]
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]
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]
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]
Visit our site at http://www.AttorneySteve.net. Fill out the information and we will call you back for a consultation.
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“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]
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??
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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]
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]
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]
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]
I came across this while surfing the web, and thought it was cool.
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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]
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]
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]
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]
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]
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]
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]
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]
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]
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]
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]
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]
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]
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]
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]
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]
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]
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]
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 firstname.lastname@example.org or by phone at (877) 276-5084. There is no representation... [Read more of this post]
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 email@example.com or by phone at (877) 276-5084. There is no representation... [Read more of this post]
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]
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]
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]
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]
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:
Truth in Lending Violation (Rescission, etc.)
Breach of contract
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.
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?
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]
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]
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]
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]
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]
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]
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]
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]
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]
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]
(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]
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]