Deutsch Slammed With $2 Million to Pay Homeowner Who Paid Cash

For further information, please call 954-495-9867 or 520-405-1688

This is for general information only. Consult with an attorney before taking any action or making any decisions.

========================

see http://lastbestnews.com/site/2015/11/bank-ordered-to-pay-2-million-for-mistaken-foreclosure/

This was no mistake and that is why punitive damages were awarded along with damages for emotional distress. Further in all probability Deutsch had no idea that its name was being used to foreclose on a mortgage that did not exist, nor did it care.

In a saner world, Deutsch would have settled the matter early. But the strategy for the banks is to make it as difficult as possible to get to the end zone. Deutsch gets paid fees as trustee for nonexistent trusts. It is regularly named as the foreclosing party when it possessed neither ownership nor authority. They will say that this was a paperwork problem. But it runs deeper than that.

Just how did anyone come up with the idea to foreclose on these people? The answer lies in the false securitization process where “loans” are traded before they exist and regardless of whether they ever existed. All anyone need do is report by spreadsheet the closing of a loan and the Investment Banks take it from there.

In this case someone purporting to represent Deutsch swore that the homeowners were in default. This was done on “personal knowledge.” They also swore that Deutsch owned the loan. But there was no loan. This corroborates our comments here about robo-witnesses. They have a script and they stick to it, no matter how stupid the content.

This case like others before it, should be used to argue to the judge that the witness is incompetent and that the presumption of credibility of the witness should not be used. And this case should be an incentive for lawyers looking to make a lot of money in addition to helping their clients. A contingency fee would ordinarily be around 40% if no cash retainer was involved. The lawyers therefore would make $800,000.

The issue then is whether lawyers will take up the slack and start prosecuting these cases that are in actuality easy to prove, even if they are somewhat labor intensive. But it takes someone who really does their homework and is ready to do battle.

11 Responses

  1. this was about a clerical error on the quit claim deed. It happens but like most everything else in this foreclosure mess, thru no fault of the homeowner so their 2mil is well deserved for the hell they went thru. I hope they get every deserved penny. Banks are stealing homes anyway they think they can and these big investors(I will not mention the B name) and the small terd investors are even bigger thieves

  2. Neil will you take this case if I bring you everything there? Dianne Sexton. The consumer financial protection stopped the foreclosure when j took the kids with o as pets to attorney general office after I talked to you . Now local news wants to do story. Don’t know what to do first. I think David the guy on conference call with us got fired from BOA afterwards. On Dec 1, 2015 12:02 PM, “Livinglies’s Weblog” wrote:

    > Neil Garfield posted: “For further information, please call 954-495-9867 > or 520-405-1688 This is for general information only. Consult with an > attorney before taking any action or making any decisions. > ======================== see http://lastbestnews.com/site/2015/11/bank-or” >

  3. Amd you know, its because the dare, punish the guilty and lets see if they dare again, this is why things must change and the guilty grought to justice because the next round of dare by the bansters will be monumentally worse.

  4. Greg- the first sign that the ABA backing the bill is that they are “concerned” about small community banks being rendered unable to serve their communities due to over reaching legislation.
    This is all about the TBTF banks, in sheep’s clothing. Bogus.
    The 7000 smaller banks in the US are in good position as to capital requirements. The TBTF banks are being propped up.

  5. oh shit

    PLEASE GO DIG DEEP INTO THIS EVERYONE…

    http://www.aba.com/Advocacy/Grassroots/Pages/ActionAlert-regulatoryrelief.aspx

    ABA Action Alert: Regulatory Relief
    ​ Urge Your House Member to Cosponsor H.R. 1389, the American Jobs and Community Revitalization Act of 2015 and H.R. 1233, the Community Lending Enhancement and Regulatory Relief Act (CLEARR Act)

    Regulatory burdens on the banking industry have grown dramatically in recent years, hindering community banks’ ability to assist new homeowners and help local businesses grow and create jobs. Quite frankly, the growing regulations have stretched the resources of banks across the country and threatened these vital institutions.

    ABA supports legislation that would address community banks’ concerns with growing regulatory burdens. H.R. 1389, the American Jobs and Community Revitalization Act of 2015, introduced by Rep. Andy Barr (R-KY) and H.R. 1233, the Community Lending Enhancement and Regulatory Relief Act (CLEARR Act) introduced by Rep. Blaine Luetkemeyer (R-MO) have been introduced in the House. They both contain provisions that are part of ABA’s Agenda for America’s Hometown Banks.

    The Barr and Luetkemeyer bills would reduce regulatory burdens and allow banks to provide more credit and better products and services to meet the needs of their communities.

    An ABA summary of the bills is available HERE.

    ABA urges all bankers to contact their House Members TODAY and ask them to support H.R. 1389 and H.R. 1233. Contacting Congress is easy and fast. Please use the automated letter writing form below. We have provided talking points to assist you in writing letters. Please include a personalized

    Take Action on Regulatory Relief

    Urge your House Member to cosponsor legislation that would address community banks’ concerns with growing regulatory burdens.

    H.R. 1389, the American Jobs and Community Revitalization Act of 2015, introduced by Rep. Andy Barr (R-KY).
    H.R. 1233, the Community Lending Enhancement and Regulatory Relief Act (CLEARR Act) introduced by Rep. Blaine Luetkemeyer (R-MO).

    Sample Legislator Letter
    Subject
    Please Cosponsor H.R. 1389, the American Jobs and Community Revitalization Act of 2015 and H.R. 1233, the Community Lending Enhancement and Regulatory Relief Act (CLEARR Act)
    Message

    Regulatory burdens on the banking industry have grown dramatically in recent years, hindering community banks’ ability to help local businesses grow and create jobs, and stretching the resources of banks across the country.

    The American Jobs and Community Revitalization Act (H.R. 1389) provides a Qualified Mortgage (QM) “Safe Harbor” for loans held in portfolio and establishes an application process for treatment as a “rural” or “underserved” area for purposes of the QM.

    H.R. 1389 requires regulators to review and eliminate conflicting and unnecessary regulations, as well as providing an 18-month exam cycle for highly rated community banks.

    H.R. 1389 streamlines CTR reporting by eliminating unnecessary filings and increasing the threshold from $10,000 to at least $20,000.

    Finally, H.R. 1389 requires Subchapter S banks to be treated the same as C Corporation banks with respect to distributions for the payment of taxes.

    The Community Lending Enhancement and Regulatory Relief Act (CLEARR Act) (H.R. 1233) provides several exceptions from the Dodd Frank Act (DFA) escrow and appraisal requirements and increases the small servicer exception in the mortgage rules.

    H.R. 1233 eliminates mailing of privacy notices when no changes have been made to privacy policies.

    H.R. 1233 allows highly rated, well-capitalized community banks to file a short-form call report.

    Finally, H.R. 1233 raises the threshold for purposes of the Small Bank Holding Company Policy Statement on Assessment of Financial and Managerial Factors from $1 billion to $5 billion.

    The bill’s sponsors are working toward its consideration in the House Financial Services Committee. I urge you to support these efforts by cosponsoring these important bills.

    Thank you for considering my views on this important issue.

  6. “If they appeal the 2M. Has potential of becoming 6M or more that’s 2M a year.”

    Nope. And that moron with an attitude and no concept of the system has absolutely nothing to back that imbecilic statement with, especially experience of the legal system.

    It will be appealed. It may withstand appeal on some counts but it will not remain as a judgment on all counts, in which case it will be remanded and the bank will spend whatever it can and has to (compliments of taxpayers) to retry it, or… the bank will offer some settlement, possibly slightly beyond the 2 million but definitely subject to non disclosure.

    And if the Norman are rational and can get a settlement while being able to put it behind and move on, they will. Just for the hell of it: their attorney is not stupid nor Kamikaze and fighting for the principle doesn’t equate martyrdom.

    The system is the system. It doesn’t change. The system doesn’t give a hoot about martyrdom. The Norman don’t struck me as martyrs and nor does their attorney.

    Livinglies manufactures victims and martyrs. The legal system remains steady. People do win and move on. Normal and sane people, that is…

  7. If they appeal the 2M. Has potential of becoming 6M or more that’s 2M a year

  8. “Cal Stacey, the Billings attorney who represented Deutsche Bank, could not be reached for comment, but Heenan said he expects the bank to appeal the jury verdicts.

    “They haven’t done anything voluntarily,” he said, “so I’d be surprised if they paid the jury verdict voluntarily.”

    – See more at: http://lastbestnews.com/site/2015/11/bank-ordered-to-pay-2-million-for-mistaken-foreclosure/#sthash.Gq89Nf9f.dpuf

    Of course it will be appealed! Which means another 3 years of unpleasantness for the plaintiffs and additional legal bills they’ll have to eat. And that case is pretty egregious on its face. Nothing like any case ever discussed on this site.

  9. That is not the only “mistaken” foreclosure. Any breach in the trail between signature of prospective borrowers, origination, warehouse lenders, HUD-1’s discrepancies, ID Theft of borrowers’ signatures BEFORE the closing, transfer of the alleged note and mortgage without proper sale, receipts and endorsements, trusts that have closed or do not even exist–all leads to “mistaken foreclosure.”

  10. Tried calling u since last night. Rings and rings no answer

    Sent from my iPhone

    >

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