CAUSES OF ACTION AGAINST ALL OR ANY DEFENDANTS

donation-form-1108 SUPPORT THIS SITE !!!

  1. Relevant Portions of UCC Article 3: UCC Article 3

  2. LENDER LIABILITY pdf—- see also cuomo-files-civil-and-criminal-charges-against-debt-collectors-for-fraud-on-courts
  3. 15522201-Tila-Disclosure-Req-Viol-Remedies

  • GOING AFTER THE LAW FIRM? The attorney firm of Barrett Daffin Frappier Turner & Engle, L.L.P. (also known as Barrett Burke Wilson Castle Daffin & Frappier, L.L.P.) located at 15000 Surveyor Boulevard Suite 100 Addison, Texas 75001 has been sanctioned multiple times in the state of Texas for its violation of debt collection practices. SEE COLLECTION LAWS AND ETHICS AGAINST LENDER\’S LAWYERS

  1. excellent-article-sumarizing-many-areas-of-foreclosure-litigation

  2. non-judicial-as-private-contract-opening-the-door-to-homeowners-for-self-help

  3. demand-letters-claiming-damages-for-errors-and-omissions-negligence-and-malpractice

  4. identity-theft-mers-and-other-issues-great-post-from-james

  5. mortgage-aggregators-wholesalers-agents-of-financial-death

  6. lawyers-and-banks-sanctioned-for-filing-wrongful-foreclosures

  7. superb-complaint-piercing-the-heart-of-deutsch-bank%E2%80%99s-authority-to-collect-money-file-suit-seeking-recovery-of-property-and-money-through-receiver-and-damages-against-the-lawyers-who-filed-t

  8. predatory-lawyers-and-servicers-no-better-than-predatory-lenders

  9. QUIET TITLE

  10. excellent-multi-count-complaint-from-california-attorney-complaint-1

  11. title-carriers-hit-the-fan-their-solvency-in-question

  12. Moody\’s Assigned High Ratings To Bonds Backed by Mortgage That Were Designed to Fail

  13. appraisal-and-ratings-fraud-documented

  14. would-you-pay-103000-for-this-arizona-fixer-upper-appraisal-fraud-predatory-loan-securitization-in-its-finest-moment

  15. fraud-in-the-factum-voids-the-instrument-under-state-law-and-is-a-real-defense-against-even-an-holder-in-due-course

  16. missal-report-documents-new-century-predatory-lending-even-after-general-counsel-warned-against-it-borrowers-may-have-cause-of-action-against-auditor-kpmg

  17. CBS NEWS ON PONZI SCHEME ?id=3134273n

  18. Fraud in the inducement n. the use of deceit or trick to cause someone to act to his/her disadvantage, such as signing an agreement or deeding away real property. The heart of this type of fraud is misleading the other party as to the facts upon which he/she will base his/her decision to act. Example: “there will be tax advantages to you if you let me take title to your property,” or “you don’t have to read the rest of the contract–it is just routine legal language” but actually includes a balloon payment. (See: fraud, extrinsic fraud)

  1. appraisal-fraud-and-industry-standards-described-in-2003-official-white-paper-red-flags-described-in-detail-with-excellent-diagrams-explanations-and-descriptions-of-best-practices

  2. appraisal-fraud-rules-set-to-cut-off-mortgage-originators-from-appraisers-this-week

  3. “Fraud on the Market” at the core of the mortgage meltdown is hotly contested: millowitzvcitigrioup1-30-07

  4. secvlangford-8708-judicial-notice-and-whether-swap-agreements-are-securities

  5. Bond Insurers Are NOT Purchasers of Securities: Amicus Brief of Bond Association Take Position Excluding Insurers as Holders in Due Course: fsa_20v_20stephens_206-21-06

  6. mortgage-broker-and-lender-liability

  7. title-agent-liability-for-errors-and-omissions-and-title-insurance

  8. trustees-deed-pool-certificate-holders-substitutions-and-beneficiaries

  9. unnamed-defendants-in-mortgage-meltdown-accountants-for-banks-and-investment-bankers

11 Responses

  1. Reg Brown, on October 10th, 2009 at 4:53 pm Said:

    We Need This Type of Information to be Free Men &
    Women For The People & by The People For Every &
    For Every DIVINE ONENESS AMEN. Peace.
    Bro. Reggie

  2. Afiya, on September 2nd, 2009 at 2:40 pm Said:

    Please help. Shortly after signing a loan modification, we learned about all that going on and didn’t make the first payment, asking the servicer to disclose our lender and their role, etc. We got very little information but enough to know that our loan has been sold 4 or 5 times. When JP Morgan Chase was named, we asked them to validate their standing, with affadavits of transfers, etc. We got nothing from them and from the servicer, we got that all the info we asked for was subject to business and trade practices which are proprietary and confidential and will not be provided.

    They then announced that they were selling the loan again; then we got foreclosure notice. The supposed creditor was not the one they said they were selling it to. There are contradictions all along in terms of lenders, etc. To date, no filings of transfer in the county record.
    Based upon our three month track record of requesting this info required by the Fair Debt Collection Practices Act, and that we sent a Cease and Desist Affadavit, the judge granted a temporary restraining order, halting the foreclosure and ordered them to bring a complete chain of title to the upcoming hearing. One day before the hearing, the defendants send a notice of removal to federal court, citing jurisdiction. What should be our next step, please. We appreciate any guidance. 404-284-9667.

  3. douglas, on August 12th, 2009 at 3:49 am Said:

    contact me at FLCOMMERCIAL@BELLSOUTH.NET, i have some templates

  4. Juan Santiago, on July 8th, 2009 at 8:50 pm Said:

    This is unbelievable.
    The Loss Mitigation Negotiator from Homecomings Financial (a Division of GMAC) for the property I own in Altadena, CA made a commitment with me back in May, 2009, that if I listed the property, she would postpone the sale and continue to postpone it every thirty days while it was listed.
    The property is listed, appears in the Pasadena-Foothills Multiple Listing Service and a copy of the listing was faxed over to the Homecomings Loss Mitigation Department.
    We have 2 offers, one for 415,000.00 and one for 460,000.00, which were also fax (and a lot of interest by other Realtors), but one of the negotiators, Dianna Hansen, who has never answered my calls and always seems to be busy, went on vacation and has a message (as of today still), that she is coming back on the 26th of June and will return call on the week of the 29th, but she does not pick up or answer her phone, nor call back. The other negotiator, Cindy McQueen, who had previously postponed the sale, also does not pick up, does not return her voice or email messages and as of yesterday has a voice mail that says that it is full. Cindy McQueen, acknowledges in her notes in the file the she had received the listings, but not the offers and she made a notation in the file (I just found this out today) stating we were not aggressively pursuing the sale and therefore released the hold on the Trustee Sale. I do not know how she reached this conclusion, however she never bothered to email me or call me to inform me about it. Executive Trustee Service (a Division of GMAC) NEVER answers their phone either, does and when I went to their office there is a gate (with a guard shack) barring entrance to the facility (however there was no guard in sight. The property to a private party for 285,000.00 (Which creates a Huge tax liability, almost $200,000.00 more than if Homecomings accepted one of the offers and not only that, we had so many interested calls that I had instructed the Realtor to increase the price (and the government is telling us not to seek assistance, instead, to “deal directly with our lender“.
    The Realtor had faxed all the pertinent information to Homecomings (listing and offers) as they occurred, and as a precaution, (due to the upcoming) sale date), on 6-26-2009 I emailed Cindy McQueen (cindy.mcqueen@gmacm.com) a PDF file with the print out from the Multiple Listing Service of listing.
    The foreclosure was ordered by MERS, who, I understand, has been challenged in Court (and even lost some cases regarding this), as not having legal the legal standing to act as the “Lender” and order a foreclosure.
    Although Homecomings filed, and was granted a relief from stay, (at the time, I was not aware I could and did not file an objection) I am still in bankruptcy and I intend to file and adversary proceeding (I’ve been up all night working on it) against all of the herein named companies, employees and other related entities; seeking a TRO and or an injunction barring the transfer of the property, a lis pendens on same and damages to compensate for the added tax liability, as well as redress form a number of violation of Federal and State Consumer Protection Laws (RESPA, TILA, HOEPA, et al.
    A search of the internet for lawsuits against GMAC and or Homecomings and Executive Trustee Services for said violations, produced a very long list, some of these even in local courts, so it looks like this has been their modus operandi for some time.
    Any feedback from your readers which can assist me in this situation will be greatly appreciated.

    Account # 7429250491 – Santa Rosa
    800 482-3530
    214 874-6987
    Fax 866-340-9417
    cindy.mcqueen@gmacm.com
    Ext 8742429 – Cindy McQueen – Diana Hansen
    Supervisor – Bill.Haughton

    Sale Date Property Detail Sale Detail
    Tuesday
    7/7/2009 10:30:00 AM Address: 2844 & 2846 SANTA ROSA AVENUE

    City: ALTADENA
    State: CA
    Zip: 91001
    County: Los Angeles
    APN: 5841-015-015
    Sale Status: Sold on 07/07/2009
    TS Number: GM132787C
    ASAP Number: 2998272
    Notice of Sale Amt: $641,378.00
    Opening Bid Amt: $257,056.44
    Sold Amt: $285,100.00
    Sale Location: At the West side of the Los Angeles County Courthouse, directly facing Norwalk Blvd., 12720 Norwalk Blvd., Norwalk, CA.

    Trustee: Executive Trustee Services, Inc.
    Trustee Phone#: (818)260-1600

  5. Paula Brown, on June 30th, 2009 at 9:40 am Said:

    I have been fighting with Ocwen since Jan. 2009. I sent in some paperwork to you on June 29,2009. Hope you can look it over and help me save my home from the auction block slated for July 23, 2009. i have applied twice for Obama’s program and been denied both times. I have to wonder who is being granted this high honor of his program. I’m not bitter.
    I have also applied twice for a modification. First time denied me but offered me a lower payment and withdrew it. Second time which was June 29th they offer me a deal made to fail, but backed that up with we will see in a week or so if it gets approved. help, help, and help . thank you pk

  6. lea, on June 19th, 2009 at 1:19 pm Said:

    I will do whatever I can to help. In Mississippi same saxon deutch problem hearthesunshine@gmail.com in the middle of sending the hamp papers back when I sign them would I be agreeing to deutch bank stuff? we were sold to saxon in 06 and havent gotten any papers from them we requested from last year .Just barely staved off foreclosure sale. We are disabled namn vet waiting for benefits. Is there grounds for a class action suit? Does all the states laws run the same? lea

  7. Michael Rooney, on May 5th, 2009 at 8:02 am Said:

    KELLY:

    Use the TRO-OSC method to use tila or respa to stop the sale in California. You will need to prove up a preliminary injunction, which is tough, but the TRO postpones the sale at least giving you more time. There is an exemplar here on Living Lies for all this.

    Be sure, though, that your complaint alleges violations that would be grounds to prevent the bank from selling if you won the case (i.e., rescission remedy) or else you will not stop the sale. Also, be sure you can show a likelihood of success on the merits (i.e., a blank Notice of Right to Cancel form), and that the balance of risk is toward your client.

    Otherwise, if you file your complaint long enough prior to the sale, you can go in for a regularly noticed preliminary injunction motion. The standard is the same; different procedural posture. TRO-OSC is for last minute interventions.

    Good luck!

  8. Kelly, on April 24th, 2009 at 3:11 pm Said:

    Does anyone have samples of complaints or a points and authorities memo in support of stopping a non-judicial foreclosure sale in CA based on TILA or RESPA? I’m not quite understanding what cause of action will give the borrower actual possession of the home.

    I am first year attorney who was hired by a firm doing mortgage litigation; however, I’m finding that they are not into “teaching me the ropes” as I much as I hoped.

  9. Douglas Schwartz, on April 13th, 2009 at 6:02 am Said:

    I also need defense forms for florida, summary judgement hearing coming up in may, The bank, represented by florida default law group, is using affidavit to attempt to get attorney fees paid for and still has not produced or provided evidence for foreclosure

    flcommercial@bellsouth.net
    407-902-9197

  10. jenifer smith, on March 4th, 2009 at 8:43 am Said:

    Please contact me. I am getting ready to appeal to the U.S. District Court, District of New Mexico on behalf of Miguel Guetierres, deceased, and Inga Gutierrez, incarcerated and incomunicado. Someone must step in for these valiant warriors who I honestly believe have a winnable case. I will learn the case as best possible and then seek to find the best appropriate attorney. In the meantime, as far as I know, I am the only person who has even considered the importance of preserving this case. I am not an attorney. I am an undergrad student who had planned to graduate this term but have decided to cut my load in half so that I can pursue this legal matter. My studies are in foreign languages and Latin America Studies. Obviously, I would be most grateful for any assistance that may be profferred.
    Miguel knew he was going to die; and he did. His death has been ruled a suicide. I don’t believe it. Aside from all of that, I couldn’t help bust notice your posting of 1FEB2009 relaying Miguel’s correspondence of 19JAN. I consider that to be a key document and I appreciate you sharing. Thank you. Jenifer

  11. Glenn Russell, on March 3rd, 2009 at 2:04 pm Said:

    Great Article in NY TIMES 02/28/2009

    Guess What Got Lost in the Loan Pool? http://www.nytimes.com/2009/03/01/business/01gret.html?_r=1

Leave a Reply