PRO SE? Expert Kicked Butt in Court Yesterday WOWl

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Well that may not be the most official terminology for court, but it certainly describes what happened when our local Expert appeared in court yesterday.  Appearing not as Expert Witness, but in a much more challenging role: Defending against a motion to dismiss that was not even properly served.   


Cindy's was prepared, calm but willing to rumble and abilitiy to clearly lay out the evidence was impressive.  She took on the attorney who opened his mouth and lied.  SAD but true.  I am looking forward to being able to have her skill in our cases.    


This is the third really good happening in the PRO SE world that has been reported back.  PRACTICE and being prepared makes a difference.


If you are in need of expert witness in your PRO SE case and already have a document examination. Read her bio:  Cindy's Affadvit  and Witness Service.   

Ohio refers Chase unit to federal prosecutor - MarketWatch

Ohio refers Chase unit to federal prosecutor - MarketWatch: "SAN FRANCISCO (MarketWatch) -- Ohio Secretary of State Jennifer Brunner has referred J.P. Morgan Chase & Co.'s (JPM 38.17, -0.24, -0.63%) Chase Home Mortgage unit and Mortgage Electronic Registration Systems Inc. to the federal prosecutor in connection with the so-calle"

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note: ANOTHER ONE

File complaints against corrupt attorneys, magistrates & judges

Share|In our efforts to save our properties we have discovered not only fraud on the part of the banks but also in the judicial system. And it is rampant. We must continue to uncover the bank fraud, but I think there is another way to fight all of this corruption that may give quicker results. Everyone in every state needs to start filing complaints against the bank-aligned judges, magistrates, and attorneys/law firms.

In my case due process was completely violated by the magistrate who had only been on the bench for about two months. Sarah F. Law(LESS) in Archuleta County , Colorado is so eager to prove her stripes to the banksters that she violated four Rules of Civil Procedure and five United States Codes relating to Judicial Review. After being called on the carpet for her clear prejudice toward the bank she refused to dismiss the case, and when I refused to excuse her violations she had a police officer come into the court room and stand right next to me in an obvious attempt to intimidate me into cooperating. I did not relent, so ultimately Law(LESS) had the police officer physically remove me from the court room. After my removal, Law(LESS) and the banks attorney (Keith A. Gantenbein #39213 with Castle Meinhold & Stawiarski, LLC) commenced the Rule 120 hearing and proceeded in my absence. I was prevented from defending my property, and have witnesses that informed me the attorney gave unsworn testimony on behalf of the bank's alleged witness. They are so arrogant they did not even bother calling the absentee witness on the phone! The attorney stood in the court room and made unsworn statements as to what the witness would have said if they were on the phone.

Attorneys are not allowed to testify in court, and most certainly not for a witness who is not even in the room. The judge/magistrate should know this, but since Law(LESS) doesn't even know the Rules of Civil Procedure I guess I shouldn't be too surprised. However, the fact that Sarah F. Law(LESS) allowed this hearsay testimony from an attorney and then took it as fact is proof that this person is clearly prejudiced against justice and fairness and should be removed from the bench immediately.

The way to get these lying attorneys and corrupt judges/magistrates out of the systems is to file complaints against any offending parties with their regulatory agencies in your state. This will hit them where it hurts, in their wallets, because a few of the grievances will result in investigations, possible sanctions, and best of all it will increase the cost of their liability insurance to the point that it will be difficult for them to pay for it in order to stay in business. Now that's satisfaction!

So, I have put together a document based on what I have learned about filing complaints and am posting here with the hope that others will start doing this in states all around the country. The agencies listed in the document are for Colorado, but you can easily use the information to determine what agency to contact in your state. Click here to download the FileComplaints.pdf file.

Please take action! We need to stand together and bombard the regulatory agencies with complaints. That is the only way I see at this point to stop the judicial corruption that has permeated every court room in this country.

JPMorgan CHASE Suspending Mortgage Foreclosures - NYTimes.com

JPMorgan Suspending Mortgage Foreclosures - NYTimes.com:

"GMAC’s initial disclosures prompted challenges or investigations from attorneys general in Iowa, Illinois, Colorado, California and North Carolina. The Treasury Department, which became the majority owner of GMAC after providing $17 billion in bailout money, has directed the lender to correct its procedures.

The pressure on the lender, which began as the auto financing arm of General Motors, is continuing to increase. Senator Al Franken, Democrat of Minnesota, asked Wednesday for the Treasury, the Justice Department and other regulators to collaborate on “a thorough investigation into the alleged misconduct.”

Defense lawyers have consistently complained that the lenders’ law firms were sending through cases that were at best sloppy. The Florida attorney general’s office says it is investigating four so-called foreclosure mills."

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Beth Cottrell, Chase Home Finance Robo-Signer Extraordinaire – Motion for Sanction of Dismissal WITH Prejudice � Foreclosure Fraud – Fighting Foreclosure Fraud by Sharing the Knowledge

Read excerpt below and then click on title link to read full article.

Beth Cottrell, Chase Home Finance Robo-Signer Extraordinaire – Motion for Sanction of Dismissal WITH Prejudice � Foreclosure Fraud – Fighting Foreclosure Fraud by Sharing the Knowledge

Filing and submitting to the Court such a blatantly fraudulent affidavit is grounds for the sanction of dismissal with prejudice. Trial courts have “the right and obligation to deter fraudulent claims from proceeding in court.” Savino v. Fla. Drive In Theatre Mgmt., Inc., 697 So.2d 1011, 1012 (Fla. 4th DCA 1997).

Defendants submit that all of the applicable standards for dismissing a case for fraud have been met in this case. First, this would be “a most blatant showing of fraud.” Plaintiff’s affidavit refers to the affiant having personal knowledge four times. Yet COTTRELL admitted, without reservation, that she did not have personal knowledge of the matters in the affidavit.

Second, clear and convincing evidence abounds that the substance and submission of the affidavit were fraudulent. COTTRELL’s own words from her deposition prove without any doubt that she testified to things in the affidavit which simply were not true.

Third, Plaintiff and Plaintiff’s law firm have undoubtedly set in motion this process of trying to influence the finder of fact. This is not the first time that fraudulent affidavits filed by Florida Default Law Group, P.L. have been brought to this Court’s attention.

Furthermore, the Court cannot assume that this is an isolated incident whereby Plaintiff accidentally failed to live up to its own words in an affidavit. Rather, COTTRELL testified that her office signs over 18,000 documents a week between 8 people. COTTRELL further testified that “My review [of documents] is more or less signing the document unless it’s questionable.” Accordingly, the Court can be assured that the subject affidavit is not the only document filed by Plaintiff or its counsel that is without any verification or truth behind the facts asserted.

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JPMorgan halts 50K foreclosures for possible flaws - Yahoo! Finance

Our STATE still doesn't get it ...

Is foreclosure fraud covering up somthing else?

JPMorgan halts 50K foreclosures for possible flaws - Yahoo! Finance: "NEW YORK (AP) -- JPMorgan Chase has temporarily stopped foreclosing on more than 50,000 homes so it can review documents that might contain errors.

JPMorgan's move Wednesday makes it the second major company to take such action this month, underscoring a growing legal problem. The issue could stall an already overloaded foreclosure process.

Still, analysts don't expect the delays to reduce the number of foreclosures over the long run.

'It will probably slow things down for a couple months while these documents are reviewed,' said Rick Sharga, a senior vice president at foreclosure listing service RealtyTrac Inc. 'It won't stop things.'"

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Alrady40's TwitWall

Alrady40's TwitWall

: "The state has money for foreclosure prevention. We are second largest number of foreclosures and estimates are that 70-90% of foreclosures are filled with fraud. �AND YET THIS STATE SITS DOING NOTHING ... 3 months and no finalized plans, while other states have been helping victims since July.�

GMAC has been halted in 23 states with 5 other states halting and/or investigating the fraud. Does our state halt fraud? �NO we are 2nd in line for record foreclosures and our AG can't be bothered to halt the GMAC mortgages like other states have. � NO announcement of lawsuit to determine legalities ....... ��

MEANWHILE: the state is allowed to use funds to BUY UP foreclosed homes... CONFLICT OF INTEREST??? yup cause the state also decides whether a owner has a claim to regain home or prevent foreclosure legally!!!! � Those that fight foreclosure - fight it in state court!!!!

�So look around your block and that neighbor with house about to foreclose,,, and the state won't grant a temporary restraining order or issue a MORATORIUM ON GMAC (while many other stays have halted proceedings) � - � � WELL that will LOWER your property value, possibly increase crime and ROB the community of tax revenue. �

WAKE UP ARIZONA Demand that your officials fix this mess!!!! �"

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Phoenix real estate a big draw for . . . Canadians, eh? - Phoenix Real Estate-Phoenix Homes For Sale

Phoenix real estate a big draw for . . . Canadians, eh? - Phoenix Real Estate-Phoenix Homes For Sale:

"USA Today reported today that Canadians have now surpassed Californians as top out-of-state buyers of Phoenix-area real estate. The Canadian dollar is gaining, up from an average of 80 cents on the U.S. dollar in 2005 to 97 cents last week. At the same time, home prices in the Phoenix area – as we know – have dropped significantly from their peak in early 2007.

Those two influential points have made for an enticing real estate market for Canadians looking to get out of the cold weather and enjoy everything Phoenix has to offer: sunshine, golf courses, and a ton of tourist options to fill their days. Florida, California and Texas remain the top destinations for international homebuyers but, USA Today reports, Arizona is gaining.

Canadian homebuyers in Maricopa County made up a larger share than California buyers for eight of the past nine months, according to the Information Market,"

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Illinois becomes fourth state to suspend Ally Financial foreclosures: GMAC

Political Economy - Illinois becomes fourth state to suspend Ally Financial foreclosures: "The legitimacy of foreclosures handled by the company came into question after Ally said on Sept. 20 that it had found irregularities in the preparation of documents submitted to courts in support of the actions. An employee of the company's GMAC unit, 'robo-signer' Jeffrey Stephan said he signed off on up to 10,000 documents a month without reviewing them thoroughly.

Illinois was already on the list of 23 states in which Ally had halted evictions and resales of homes that were repossessed. The regulator's request broadens the moratorium to foreclosure actions in the early part of the process.
By Ariana Eunjung Cha �|�Septemb"

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GMAC investigated by: States List

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For ease of reference here are the states affected by GMAC including the 5 additional states whose AG's halted and/or are investigating GMAC foreclosure practices.  Please be aware that some states cannot state that they are investigating due to state laws.  Arizona is one such state. Although I do recall announcements of lawsuits against mortgage fraudsters. And with awards like 1.7  milllion to fight the fraudsters, one wonders why our AG Terry Goddard is not joining in with other states to protect citizens and HALT foreclosures until legal decisions are made.     But enough of my rant:  Here is what you need to know!







5 additional states:  California, Colorado, Connecticut, Iowa, North Carolina, and Texas NOTE: Illinois has requested ALLY (GMAC) to stop but I am not clear if that is official order or just request
. 





3 Politicians are asking Congress to intervene: Alan Grayson, Barney Frank  and Corrine Brown.  


23 original states (article):
NOTICE THAT CONNETICUT IS TAKING ACTION AND NOT LEAVING IT TO GMAC'S ORIGINAL 23 report.
Co
Connecticut
Florida

Hawaii
Illinois
Indiana
Iowa
Kansas
Kentucky
Louisiana
Maine
Nebraska
New Jersey
New Mexico
New York
North Carolina
North Dakota
Ohio
Oklahoma
Pennsylvania
South Carolina
South Dakota
Vermont
Wisconsin

Man wins $1M in lottery, AND $2M lottery !!!

NOTE: Okay, while not technically my normal news finding I had to blog this. After all with 3 million in wins - I could put all foreclosure actions away for my friends and family.  Even giving 1/2 away to taxes you would have 1.5 million left to invest and give away.   OR move to Belize. 

Months after winning $1M in lottery, man wins $2M - Yahoo! News:

"'But it's a pretty amazing coincidence,' he said. 'We've had players win big multiple prizes before, but this is the first person to ever win a second million-dollar prize in the history of the Missouri Lottery.'
Pullen bought the most recent winning ticket on Sept. 17 at Miller's Quick Shop in Bonne Terre, a community in the Old Lead Belt region of eastern Missouri, about 60 miles southwest of St. Louis. He opted to take the cash payment instead of the annuity for both wins. He received $700,000 for the June winner and will get about $1.3 million for the September winner - both before taxes.
Pullen recalled a dream six years ago in which he won a lot of money. Even after the $1 million win in June, he didn't feel like the dream was complete.
He does now.
'All the numbers I dreamed about, and all my lucky numbers, were on the card,' Pullen said."

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Politicians' money woes strike a chord with voters - latimes.com

Politicians' money woes strike a chord with voters - latimes.com: "Foreclosure and real-estate troubles have trailed Christine O'Donnell and Marco Rubio, the Republican Senate nominees from Delaware and Florida; as well as U.S. Rep. Laura Richardson, a Democrat from Long Beach. In Illinois, the Democrat running to fill President Obama's U.S. Senate Seat, Alexi Giannoulias, saw his family bank fail in April.

Financial hardships have hit small-scale races as well: This summer, three of seven candidates vying for city council seats in Miami Gardens, Fla., were dealing with a foreclosure or bankruptcy.

'For the most part, the residents understood,' said Felicia Robinson, who won her seat despite having lost an investment property to foreclosure. 'Because a lot of them are in the same situation — or in worse situations.'

Angelo Fuster, a veteran political advisor in Atlanta, reiterated the point, saying it could be unwise to attack such candidates. 'Hundreds of thousands of voters are in the same situation, and you're sort of impugning their judgment and their smarts by doing that,' he said.

Criticizing an opponent's financial failings has long been fair game in politics. But the compassion of the electorate also has some historical precedent, particularly during hard times. During the fina"

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Where Are All the Prosecutions? - NYTimes.com

NOTE: When I first starting reading this article I was wondering WHY WHY WHY our country is not dealing with weeds while they are small - I think watching the foreclosure fraud crisis unfold - it is apparent that many judges and court systems could have stop the problems like GMAC robo-signing and other massive land take overs early on. I read something like this and go to court and watch banks lawyers mislead or outright lie, present false documents and shake my head at how Martha Stewart is imprisoned for FAR LESS and people scream "FOUL"..... why aren't more people screaming FOUL now????

Where Are All the Prosecutions? - NYTimes.com:

"A consistent question since the financial crisis in 2008 is why has the federal government not prosecuted any senior executives for their roles in the collapse of firms like Lehman Brothers and Bear Stearns or the risky investments that led to bailouts of onetime financial giants like the American International Group, Fannie Mae and Freddie Mac. How can companies worth billions of dollars just a few months earlier suddenly collapse in 2008 without someone being held responsible?"
click on title link to read full story!

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Big Isle project heads for auction - Hawaii Business - Staradvertiser.com

Big Isle project heads for auction - Hawaii Business - Staradvertiser.com:

"Michael Fuchs had many hits as a former chief executive of HBO, but his dabbling in Hawaii real estate development appears headed for a bad ending.

Unsold pieces of the Ke Kailani luxury residential subdivision developed by Fuchs at Mauna Lani Resort on the Big Island are scheduled for a Nov. 18 foreclosure auction.

Three local lenders, led by Bank of Hawaii, claim that Fuchs defaulted on $52 million in loans he took out to develop the project featuring 39 single-family home lots and 12 condominiums mostly fronting three golf fairways of Mauna Lani's South Course.

The planned auction involves 25 single-family home lots, land planned for eight condominium units and two completed condo units -- all of which are being offered in bulk, not separately.

Fuchs, a New York resident, could not be reached for comment yesterday."

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Refinance Bill , Mortgage affordability & Dubai

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3 articles to look at : 

Refinance Bill Drastically Alters Market

Rep. Dennis Cardoza (D., Calif.) wants to allow all homeowners with traditional, 30-year fixed mortgages backed by Fannie Mae (FNMA.OB) and Freddie Mac (FMCC.OB) to refinance into market rates, according to spokesman Mike Jensen. Unlike other government initiatives to help troubled borrowers, Cardoza's idea would ignore income, credit history or loan-to-value ratios to lower the cost of owning a home for up to 30 million homeowners. 
MY NOTE:  this will help many but will unless they reduce principle the risk of foreclosure will remain as people are shackled to houses without being able to sell out for job transfers and life changes. click title link to read full article. 

CoreLogic Hosts Mortgage Fraud Consortium 

SANTA ANA, Calif., Sept. 28 /PRNewswire/ -- CoreLogic (NYSE: CLGX), a leading provider of consumer, financial and property information and business services, today announced that the next meeting of  the CoreLogic Mortgage Fraud Consortium is scheduled for October 5-7 inChicago.   Click title link for more infomation. 

Dubai Islamic Bank wins control of mortgage lender

Dubai Islamic Bank assumed control of troubled mortgage provider Tamweel on Sunday, boosting its stake in a bid to spur real-estate lending in the debt-laden emirate.

The deal carried the blessing of Dubai's government, which announced the transaction before the bank itself did.

The media office of Dubai's ruler called the transaction a testimony to the emirate's "commitment to finding incentives for further development of all economic sectors across the UAE," and said it hoped the deal would allow Tamweel to resume providing mortgages and other real estate financing.Click on title link for full article. 

Ally Asked to Halt Colorado Evictions as Foreclosure Legality Questioned - Bloomberg

Ally Asked to Halt Colorado Evictions as Foreclosure Legality Questioned - Bloomberg:

"Colorado Foreclosures

GMAC initiated more than 1,000 foreclosure actions in Colorado since January 1, Suthers, the attorney general, said in his letter. In most, if not all of these foreclosures, “local attorneys for GMAC represent in various required documents that GMAC Mortgage LLC is the ‘holder of the evidence of debt’ under Colorado law,” he said.

These lawyers made further representations about the unpaid loan balance, its delinquency and the validity of the note and deed of trust, he said. “While these are not sworn affidavits of the kind at issue in other states, the accuracy of these documents is essential for preserving the integrity of the foreclosure process in Colorado.”"

NOTE: read related posts about California, North Caroliina, Texas, Florida . Waiting for ARIZONA ATTORNEY GENERAL to get with the program.. you can twitter him  http://twitter.com/ArizonaAG

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The Day - Blumenthal asks for foreclosure freeze because of 'robo-signings' | News from southeastern Connecticut

The Day - Blumenthal asks for foreclosure freeze because of 'robo-signings' | News from southeastern Connecticut: "Blumenthal, following California's lead, demanded that the company, formerly GMAC Mortgage, freeze its foreclosure actions in the state, saying the company has been filing defective documents in Connecticut. Foreclosure documents have not been notarized, as required by law, and the use of only one employee to sign affidavits related to the foreclosures has made it impossible to verify the accuracy of the paperwork, Blumenthal said.

'The GMAC/Ally foreclosure steamroller should be stopped so the company can be held accountable,' Blumenthal, who is running for the U.S. Senate, said in a statement. 'The bank's apparent failure to follow basic legal procedure - a potential fraud on the court - is appalling and unacceptable.'

Up to 22 other states have questioned Ally Financial's practices as well, but the company has denied that it has instituted any sort of moratorium on residential mortgages in those states."

NOTE: TOO BAD MORE JUDGE DON'T GET WITH THE PROGRAM..... YOU'D THINK THEY'D WANT TRUTH

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Bank reverses foreclosure for Va. family with very ill child

NOTE: Do you think this ISOLATED case is all that uncommon?????

Bank reverses foreclosure for Va. family with very ill child: "Chase -- the bank that foreclosed on the home of a Prince William County couple caring for their gravely ill child -- has reversed the foreclosure and offered to modify the family's mortgage, the bank said Friday.

But Mike and Kathy Wales are waiting until a lawyer can look at the fine print before responding to the bank's proposal.

The couple, whose 10-year-old son, Alex, was found last year to have a rare and terminal neurogenetic disorder called cerebral adrenoleukodystrophy, fell behind on their payments this year and had been trying for months to have Chase modify the mortgage on their three-bedroom townhouse in Bristow.

But Chase, which was administering the loan for mortgage finance giant Fannie Mae, mishandled the application for assistance under the federal mortgage relief program, a spokeswoman for Fannie Mae said Friday.

Early this month, just days before the house was to be sold in foreclosure, Chase told the Waleses that they had been approved for a modification under the federal Making Home Affordable Program. But the promised documents never arrived, and on Sept. 8, the house was sold back to Fannie Mae."

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Florida Supreme Court powerless to freeze state foreclosures

Florida Supreme Court powerless to freeze state foreclosures:

"The Florida Supreme Court says it has no authority to freeze foreclosure proceedings as was requested by U.S. Rep. Alan Grayson in light of state investigations into three foreclosure law firms and allegations they submitted fraudulent foreclosure documents.

In a letter today responding to the Orlando congressman's request, Clerk of Court Thomas D. Hall said the court has no authority under the Florida constitution or court rules to intercede in pending cases on the basis of allegations of attorney misconduct. The court also has no authority to investigate allegations of fraud or misconduct in foreclosure cases.

'Allegations of fraud in particular foreclosure actions must be raised and adjudicated at the trial court level,' the letter states. 'Trial court errors are subject to appellate review.'"

NOTE: BOLD IS MINE and while I dont' want government telling businesses how to operate in general... fraud is fraud is fraud THE COURTS ARE PUSHING THESE THROUGH AS FAST AS POSSIBLE. most judges in Arizona are not considering the claims of fraud in forcible detainer or in temporary restraining orders.. very few are granted TRO's for upcoming foreclosures in Arizona.

Bank of England: savers should eat into cash - Channel4 News

Bank of England: savers should eat into cash - Channel4 News: "The Bank of England has urged Britain's army of savers to 'eat into' their reserve funds now to get through the current period of historically low interest rates, saying 'in the short term we want to see households not saving more, but spending more'.

In an exclusive interview with Channel 4 News, the Bank's second-in-command, Deputy Governor Charlie Bean addressed the fate of 22 million savers who are currently enduring the lowest savings rates in British history and shrinking returns after inflation.

He told Channel 4 News Economics Editor Faisal Islam: 'I think it needs to be said that savers shouldn't necessarily expect to be able to live just off their income in times when interest rates are low. It may make sense for them to eat into their capital a bit.'"

Additonal quote:

"Savers shouldn't see themselves as being uniquely hit by this. A lot of people are suffering during this downturn." Charlie Bean

Click on title link above to SEE the VIDEO report

Conn., Calif. join probe of Ally: GMAC investigations

Conn., Calif. join probe of Ally:

"Attorneys general in Connecticut and California ordered Ally Financial's GMAC mortgage unit to freeze all foreclosures within their borders, joining a growing list of states investigating whether the firm and other lenders improperly kicked people out of their homes.

Connecticut Attorney General Richard Blumenthal on Monday accused Ally of using 'defective foreclosure documents' in its filings and said he ordered the moratorium 'to forestall horrendous, illegal harm against homeowners.' California Attorney General Edmund G. Brown Jr. on Friday called Ally's document review process a 'sham.'"

click title link above for full Washington Post report.

CHASE wrongful foreclosure on elderly couple : Jeff Barnes Esq.

NOTE: While this website page was  focused on trying to get WARREN to see that focusing on foreclosure is URGENT (as opposed to mortgage disclosures) this part of the article stopped me cold. as always, click title link to see full article date Sept 23, 2010

Foreclosure Help | How To Stop Foreclosure - Part 2: "n a separate case in Arizona where Jeff Barnes, Esq. is representing the borrower, Chase today attempted to lock an elderly couple out of a home owned by their daughter when there has been no sale, no transfer of title, and no possession of the property by Chase. We were told by the foreclosing “substitute trustee” law Firm Tiffany & Bosco of Phoenix that Chase had made a determination that the property was “vacant”. Apparently the goons from Chase did not even bother to look through the windows to see the furniture and furnishings in this fully occupied house before attempting to break the existing locks and replace them with Chase locks. Fortunately, the Chase stormtroopers were not able to accomplish their misdeeds this time.
This is the kind of rogue arrogance which needs to be brought to the attention of the courts. Those of you who follow foreclosure blogs know of the recent whistleblower who was working in Chase’s foreclosure department who has publicly stated that “Chase is in the foreclosure business”. Being in this business does not give Chase or any other servicer the right to trample on people’s due process rights. Sooner or later, Chase needs to be sued for its misconduct.
Jeff Barnes, Esq., www.ForeclosureDefenseNationwide.com"

A Second Global Wave of Housing Bubble Pain

NOTE: Check this report for news on other countries too!  click on title link below


A Second Global Wave of Housing Bubble Pain: "Australia and Canada: Waiting to Pop

Two countries that have done relatively well -- perhaps even exceptionally well -- over the course of the global financial crisis are Australia and Canada.

Unfortunately for the fine citizens of these resource-rich nations, both have housing bubbles that threaten to burst.

Investing legend Jeremy Grantham, whose firm manages roughly $100 billion in assets, has done an extensive quantitative study of bubbles throughout history. Without exception, all markets that met Grantham's strict mathematical 'bubble' criteria wound up reverting back to trend.

In June, Grantham called the Aussie housing market a 'time bomb,' adding that 'you can't possibly miss it,' and observing that prices would have to fall 42% to return to trend.

In every bubble that accumulates true believers on the way up, there are those who will make a case as to why the current one is 'different' and immune to the general rule. As Grantham's studies have shown, so far these bubble-deniers have ultimately turned out wrong. Every time."

SIGN PETITION: USA National Foreclosure Moratorium NOW - Sign the Petition | Change.org

NOTE YOU CAN DO THIS anonymously and send it in ... get the word out. Thank you to Foreclosure Hamlet and Lisa Epstein. Great JOB Andrew Delany

Petitions by Change.org|Start a Petition »

Stalled Hilton project set for auction - South Florida Business Journal

Stalled Hilton project set for auction - South Florida Business Journal: "The site of a stalled Hilton Hotel project along the ocean in Pompano Beach is headed for auction after its owner lost a $31.6 million foreclosure judgment.

CS Pompano, an affiliate of Chevy Chase, Md.-based Capital Source Finance, won the judgment against Ocean Land Financing based on a $24.1 million mortgage, plus interest and fees.

The 5.9-acre site, at 1333 and 1350 S. Ocean Drive (A1A), is set for online auction on Nov. 18.

Ocean Land bought the site for $28.5 million in 2007 and tore down a Ramada Inn the following year in preparation for a Hilton. The project’s second phase was an unnamed 317-room hotel with a 910-space parking garage along the Intracoastal Waterway. However, it did not move forward.

Ocean Land has built major South Florida projects, such as the Trump Hollywood and Aquazul"

read much more by clicking title link above

Fannie bares her teeth | GLTNewsNow.com

Fannie bares her teeth | GLTNewsNow.com: "Freddie Mac and Fannie Mae – the hillbilly kissin’ cousins of the nation’s secondary mortgage market – instituted a long-needed reform to the sale process of its REO (foreclosed) properties.� The “First Look” program gives buyers purchasing a primary residence for their own use, a 15-day head-start before investors can submit offers on the same property.

Nearly 18 months ago I met with the field staff of Congresswoman Susan Davis‘ office on this matter and I was glad to see both Fannie and Freddie get on board. The problem in a nutshell is this: Investors, including large syndicators began snapping up foreclosures at an astonishing rate converting large percentages of owner-occupied housing into rental stock.

What’s wrong with this picture? Well, if you’re a condominium owner or an HOA and your complex goes from 15% absentee-owner to 75%, the effects are immediate and profound. Wear and tear on the building goes up as the average length of occupancy plummets. Absentee-owners tend to vote against assessments and improvements looking strictly for profits. Similarly, they may have fewer concerns about adhering to notions of ownership pride and upkeep."

read much more by clicking title link above

Dallas-Fort Worth hotel foreclosure filings more than triple | News for Dallas, Texas | Dallas Morning News | Dallas Business News

Dallas-Fort Worth hotel foreclosure filings more than triple | News for Dallas, Texas | Dallas Morning News | Dallas Business News:

"Business and tourist travel is picking up, but the number of Dallas-Fort Worth hotels facing foreclosure this year has more than tripled.

So far in 2010, 94 North Texas hotel foreclosure filings have been recorded. There were 30 filings for the same period in 2009, according to Foreclosure Listing Service Inc.

'Among D-FW hotels, the threat of foreclosure has skyrocketed over the past two years,' said George Roddy, president of the Addison-based foreclosure-tracking firm. 'For the upcoming foreclosure auctions on Oct. 5, eight postings have been filed, threatening hotel projects within the area.'

The hotels threatened with forced sale include the Crowne Plaza in"

read more by clicking title link above

Jardine: Hollywood pros hope to set series in Modesto - Columnists: Jeff Jardine - Modbee.com

To read about foreclosures evictions, mortgages and foreclosure defense. Mortgage Challenge news, information and other tidbits check out: Foreclosures Evictions and You

Jardine: Hollywood pros hope to set series in Modesto - Columnists: Jeff Jardine - Modbee.com:

"The city became synonymous with the Yosemite tourist murders, Chandra Levy's disappearance and her relationship with then-Rep. Gary Condit, and the Laci Peterson case.
Throw in homelessness, foreclosure and unemployment rates that rank among the country's highest and that The New York Times even ridiculed some Modestans for washing their cars on their lawns, and it paints a pretty depressing and humbling picture of the place we call home.
So when a Hollywood TV producer approached the Modesto police and other city officials about doing a program that would show the department and the city in a positive light and improve its image, it wasn't exactly the world's toughest sell -- as in, 'how soon can you start filming?'
Award-winning film editor Michael Glickman"

The Complex - Trailer on Vimeo

The Complex - Trailer from Swift Creek Films on Vimeo.

See article: THE COMPLEX

New Proof Wall Street Knew Its Mortgage Securities Were Subpar: Clayton Execs Testify

note: WHEN it comes to covering this foreclosure debacle Huffinton is right on target!

New Proof Wall Street Knew Its Mortgage Securities Were Subpar: Clayton Execs Testify: "During a little-noticed hearing this week in Sacramento, Calif., a firm hired by Wall Street to analyze mortgages given to borrowers with poor credit, which were then packaged and sold to investors during the boom years, revealed that as much as 28 percent of those loans failed to meet basic underwriting standards -- and Wall Street knew all along.

Worse, when the firm flagged those loans for potential issues, Wall Street banks ignored its recommendation nearly half the time and likely purchased those loans anyway -- selling them to unwitting investors who were never told that the biggest home loan due diligence firm in the country had found potential defects in these mortgages.

The revelations give a better picture of what many have likely known for years: Wall Street firms knew they were buying lead yet passed it off as gold to investors who had no knowledge of the alchemy behind the scenes."

Click on title link for full article.

Recession not over, public says - CNN.com

Recession not over, public says - CNN.com: "Washington (CNN) -- Economic experts may believe the recession is over, but try telling that to the public.
Seventy-four percent of Americans believe the economy is still in a recession, according to a new CNN/Opinion Research Corporation poll. Only 25 percent think the downturn is over."

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Family Asks For $1 Donations To Pay Mortgage - Video - KPHO Phoenix

Family Asks For $1 Donations To Pay Mortgage - Video - KPHO Phoenix

Check link above for video clip   http://www.kpho.com/video/18173817/index.html


 THIS FAMILY NEEDS 1 DOLLAR ... 7500 LEFT TO GO TO SAVE THEIR HOME BY DEC 2010.   donate through wbaltv.com  (watch video) the news station.   If you have time please let me know!     


Because of my experience of losing home and FIGHTING to stay in it - I empathize with how hard it would be for this family to fight foreclosure.  Hopefully, someone in their area can educated the news media about how FRAUD is rampant in foreclosures.   
:_) 

Save My Home Program Launched - Phoenix News Story - KPHO Phoenix

Save My Home Program Launched - Phoenix News Story - KPHO Phoenix: "The department said the program was designed with several possible types of assistance, one of which includes forgiving as much as $50,000 dollars of a loan for a homeowner.
The 'Save My Home AZ' program is available to people who are experiencing problems with paying their mortgages due to extreme circumstances.
Qualifications for this program include: loss of income, underemployed, divorce, illness or death.
One way to apply is by clicking on Save My Home AZ's website. Homeowners without internet access may call a toll-free number 1-877-448-1211 or TTY 602-771-1001 to be connected with an agent that will assist with the application process."

Borrowers To Get '2nd Look' - Phoenix News Story - KPHO Phoenix

Borrowers To Get '2nd Look' - Phoenix News Story - KPHO Phoenix: "'If we can get loans, other small businesses can to,' said Markie. 'It's very satisfying from our stand point that somebody finally sees the same potential we saw and are willing to work with us as partners moving forward.'
Markie's business is one of a growing number of small businesses getting a second chance by U.S. banks who have promised to approve more loans to qualified borrowers.
The program is also helping would-be home buyers like Andy Tanner of Phoenix, who's loan didn't go through last year. This week, however, he was approved rather easily."d

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U.S. State Officials Investigate After Ally's GMAC Unit Suspends Evictions - Bloomberg

NOTE: I realize this may be repetitive information but each report has nuances that may be helpful to you

U.S. State Officials Investigate After Ally's GMAC Unit Suspends Evictions - Bloomberg: "Attorneys general in three U.S. states are investigating foreclosures at Ally Financial Inc.’s GMAC Mortgage unit after the lender said it would halt some evictions following a discovery of faulty documentation.

Texas, Iowa and Illinois have started investigations into mortgage practices at Ally, while California, which isn’t affected by GMAC’s action, ordered the company to stop foreclosures unless it can prove compliance with state law, according to statements. Ally said it has issued a “more robust policy” on processing foreclosures, increased staff to handle documents and instituted more training for employees.

“Preserving the integrity of the foreclosure process is of the utmost importance,” Ally said yesterday in a statement. “While we are exercising an abundance of caution in the review process, we are confident that the processing errors did not result in any inappropriate foreclosures.”"

SHORT SALE: Walking away with less

Walking away with less: "Completed short sales have more than tripled since 2008, and 400,000 of these deals are projected to close this year, according to mortgage research firm CoreLogic. The giant mortgage financier Fannie Mae approved short sales on 36,534 home loans it owned in the first half of the year, nearly triple the number in 2007 and 2008 combined. Freddie Mac, its sister company, approved 22,117 in the first half of 2010, up from a mere 94 in the first half of 2007.

Distressed homeowners are being drawn to short sales in large part because they can help protect a borrower's credit rating and thus the chance of buying another home later on.

'I worked hard for a long time to keep my credit score close to perfect, and I know a foreclosure would be much worse for my credit than a short sale,' said Harris, who listed her Brewer Creek Place home as a short sale about a month ago. 'If there's a chance we can avoid foreclosure, we'd rather do that"

Brooklyn Judge Schack tosses bad foreclosure filings - NYPOST.com

Brooklyn judge tosses bad foreclosure filings - NYPOST.com: "Judge Schack examines every filing in detail. That's because 'every case is unique,' said the 64-year-old judge, a former high-school social-studies teacher.

Why the large number of foreclosure dismissals for a procedure that is often routinely granted?

'I read papers. I ask questions. I look at things and this is what I come up with. That's why some foreclosures are denied,' according to Judge Schack.

He raises questions about the assignment of ownership. He raises questions about attorneys' knowledge of the facts. He raises questions about potential attorney conflicts of interest.

All these irregularities raise Judge Schack's ire when asked why so many foreclosure applications get tossed.

'I'm not the creator of this mess,' he complained.

The mess, he said, is in the recording and assignment of mortgage sales. Often people with physical control of a mortgage agreement come to his courtroom, he noted, but don't have clear title to the property."

$18bn refinance rush on the way, | The Australian

$18bn refinance rush on the way, say financial experts | The Australian:

"FINANCIAL experts predict Australia is two years away from witnessing a surge in refinancing activity."

additionally from article:

'The inflows to the sector are enormous and there is an issue in Australia coming up where we have a refinancing wall of $18 billion in loans (maturing) in 2012 and 2013.'

Mr Tierney said the experience in the US was a good indication that this refinancing is likely to drive up the demand for high-yield bonds.

The refinancing of bank debt and leveraged loans in the US market had been a 2009-10 story, he said.

'In 2010 alone, there's been $US88bn ($92.8bn) of >>>Keep reading by clicking title link above

DOJ Responds to Criticism of Beazer Homes Investigation - CNBC

DOJ Responds to Criticism of Beazer Homes Investigation - CNBC: "The tit-for-tat letters reveal a rare public split between federal agencies over how to proceed in the drawn-out investigations into Beazer Homes [BZH� 4.18� � 0.20� ( 5.03%) � ], whose troubles were first revealed in 2007 and became one of the early indicators of the potential rot in the nation’s housing market.

The dispute is significant because parts of the wide-ranging investigation into Beazer are still ongoing. As recently as August 24, the government indicted Michael Rand, the former Chief Accounting Officer for Beazer Homes on eleven criminal counts, including conspiracy, securities fraud, and obstruction.

In a letter to Attorney General Eric Holder first reported Wednesday by CNBC, the Inspector General of the Department of Housing and Urban Development blasted the Department of Justice for soft-pedaling its investigation of Beazer and allowing a 2009 settlement of up to $50 million that recouped too little money from the company. In the settlement, Beazer took responsibility for conspiracy and securities fraud."

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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 � Timothymccandless's Weblog

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 � Timothymccandless's Weblog:

"Posted by Foreclosure Defense Attorney Steve Vondran on September 11, 2010 � Leave a Comment
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 begin_of_the_skype_highlighting (877) 276-5084 end_of_the_skype_highlighting. There is no representation that this article is 100% accurate or up-to-date as the law is constantly evolving.
INTRODUCTION
When we file lawsuits alleging predatory lending, truth in lending violations, RESPA violations, unfair competition, fraud, misrepresentation and the like and seeking money damages, loan rescission, quiet title and other remedies, sometimes the Defendants fail to respond. When the lender"

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To stem foreclosures, let homeowners rent Real Estate Weekly - MarketWatch

To stem foreclosures, let homeowners rent Real Estate Weekly - MarketWatch:

"“With roughly one in four mortgages underwater, the loan-modification plans put forth so far have done little to help homeowners facing foreclosure,” said Dean Baker, co-director of CEPR and an author of the report, in a news release. The policy would benefit millions and provide many families with housing security, Baker said.

The report compares the savings from renting in 2010 versus the cost of paying a mortgage on a home bought in 2006 or 2007, in 16 major metropolitan areas. It looks at savings both before and after taxes.
View the report at the CEPR website.

“Ordinarily, the gap between owning and renting is not that large.” Baker said. “Due to the enormous run-up in house prices over the housing bubble years, however, ownership costs now vastly exceed rental costs in many of the bubble markets and homeowners in these markets have much to gain from having the opportunity to remain in a home as a renter following a foreclosure.”"

California puts GMAC Ally Financial on notice over botched foreclosures - latimes.com

California puts Ally Financial on notice over botched foreclosures - latimes.com:

"Still, Atty. Gen Jerry Brown on Friday told Ally to halt foreclosures in the state unless it can prove it is observing state laws.

Get a daily snapshot of market numbers and trends, delivered right to your mobile phone. Text BUSINESS to 52669.

Brown specifically cited a requirement that lenders, before initiating foreclosure proceedings, must try diligently to contact borrowers to determine eligibility for modifications of home loans written from 2003 through 2007.

California homeowners 'are clearly in jeopardy since an Ally Financial official admitted his review of thousands of critical foreclosure documents was really a sham,' Brown said"

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Political Economy - Ally's GMAC unit withdraws foreclosure affidavits signed by second employee

Political Economy - Ally's GMAC unit withdraws foreclosure affidavits signed by second employee: "Attorneys for homeowners in Florida say Ally Financial's GMAC mortgage unit has begun to withdraw affidavits submitted in support of foreclosures that were signed by a second employee. Like Jeffrey Stephan--the document processor who admitted in sworn testimony that he signed 10,000 documents a month without reviewing them--Kristine Wilson signed as a 'limited signing officer' for GMAC."

Second mortgages may haunt borrowers in foreclosure

Second mortgages may haunt borrowers in foreclosure:

"How pervasive is the problem?

'I see it all the time,' says accountant Earl Salter, an enrolled agent with Norwalk Business Service in Norwalk, Calif. Financially shaky owners who have lost their homes to foreclosure and face second-lien lenders demanding repayment 'have two choices: file bankruptcy or try to strike a deal with the holder of the second to accept 10 or 15 cents on the dollar' owed, he said.

If lenders and borrowers don't strike a deal, lenders may garnish the borrowers' wages and other assets, if the owners have some income or the potential for income. In some cases, banks sell the junior-lien loans to collection agencies, which take over recovery of the debt.

While many banks are making decisions about repayment of second-lien loans on a case-by-case basis, lawmakers are seeking solutio"

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Laws, Life, and Legal Matters - Court Cases and Legal Information at Leagle.com - All Federal and State Appeals Court Cases in One Search

Well the case is here and here is excerpt.... take a look and this site may have some interesting conversation for you.

Laws, Life, and Legal Matters - Court Cases and Legal Information at Leagle.com - All Federal and State Appeals Court Cases in One Search: "Indeed, because the sole basis upon which Wells Fargo asserted its right to possession of the property was its 'duly perfected' legal title obtained in the nonjudicial foreclosure sale, the validity of Wells Fargo's title had to be resolved in the unlawful detainer action. 'Under section 1161a, Code of Civil Procedure, a purchaser who has acquired the title at such trustee's sale must prove that the property was sold in accordance with section 2924 of the Civil Code under a power of sale and that title under the sale has been duly perfected. Under such unlawful detainer statutes title to the extent required by section 1161a not only may but must be tried. . . . [Citations.] The bleak language of the judgment which merely restored possession to [the grantee] is a sufficient adjudication of her ownership in view of the issues tendered.' (Bliss v. Security-First Nat. Bank (1947) 81 Cal.App.2d 50, 58-59, italics added [stipulated judgment arising from unlawful detainer action brought under section 1161a held to bar subsequent claims for quiet title and to set aside trustee's sale].)"

Eviction of council tenants was breach of human rights � UK Human Rights Blog

Eviction of council tenants was breach of human rights � UK Human Rights Blog: "Eviction of council tenants was breach of human�rights
September 23, 2010 by Rosalind English
Updated | Kay and Others v United Kingdom (European Court of Human Rights, 21st September) – Read judgment

The European Court of Human Rights has ruled that the UK violated the human rights of short-term tenants of council property whose leases had been terminated. The decision will not, however, prove much h"

Renters Rights after Foreclosure

I just found out my landlord lost this house to foreclosure or trustee sale. What do I do??? Does a Renter have any rights? 

I have seen this question a lot and it is really a distressing situation for both landlords and tenants.  Landlords maybe trying to negotiate a modification with the bank and not realize they are in danger of a trustee sale or foreclosure sale at auction.  The tenants might know ahead of time, think they might be able to bid on house and not be able to come up with enough funding.  Whatever the situation renters DO HAVE RIGHTS.

As a renter you should always keep a record of your payments, receipts and your lease or rental contract in a file that you can locate easily.   It doesn't hurt to scan and keep the files on a CD or in a computer file as well. 

 AFTER AUCTION: 

 Federal law allows your longterm lease to be in effect until ending date of the lease. Generally Federal law gives you 90 days even if you do not have a lease. This right is granted in the "Protecting Tenants at Foreclosure Act of 2009".  EXCEPTIONS: if the new owner is a buyer that plans on LIVING in the home they must give you 90 day notice.   Consult the Arizona Tenants Association if you need more details.  This blog is not meant as legal advice.     

A new owner may try to evict you and serve a  Forcible Detainer Notice.  This Notice will give you 3-5 days to answer. You need to answer it to protect yourself, laws are not automatic.   Your LEASE should be in effect  until  the termination date with some exceptions as noted above. Again consult the Arizona Tenants Association if you need more details.  This blog is not meant as legal advice.     

As a renter once you have been informed of a new ownership you pay the new owner; even if the former owner is fighting the sale and trying to regain ownership.  I know this is confusing to some landlords that have lost their house to a trustee sale, especially if they were negotiating for a modification. They should not put renter in the middle and should include the issue in their lawsuit, if they are pursuing legal action to reverse the trustee sale. 

ARIZONA: New foreclosure assistance program available in state | KVOA.com | Tucson, Arizona

New foreclosure assistance program available in state | KVOA.com | Tucson, Arizona:

"President Obama announced on February 19th that the U.S. Department of Treasury would be financing $1.5 billion in foreclosure mitigation to those states hardest hit by the housing crisis, with Arizona receiving $125.1 million of those funds.

One of Arizona's earliest concerns about the award was the sheer number of Arizonans facing foreclosure and the realization that the Treasury award, while a significant amount of money, could do little to stabilize a problem of overwhelming magnitude."

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