Virginia resident gets foreclosure notice on Port St. Lucie home she sold in 1994

Virginia resident gets foreclosure notice on Port St. Lucie home she sold in 1994

December 5th, 2010 by TCPalm.com

By Nadia Vanderhoof

PORT ST. LUCIE — About 10 p.m. the Saturday after Thanksgiving, Cathy Hammers abruptly was woken up by a continuous loud banging on the front door of her Virginia home.

With two kids in college and a third touring the country in a rock band, she thought law enforcement was at her door with bad news of a possible car accident involving a family member.

Instead, Hammers was served foreclosure papers by Texas-based Nationstar Mortgage and the Fort Lauderdale law firm of Marshall Watson on a Port St. Lucie home Hammers and her parents sold in 1994 — a property she hasn’t owned or seen in 15 years.

“He was ringing the door bell, banging real hard on the door … the dogs were going crazy,” Hammer said. “When I asked him who he was. He asked me if I was Cathy and told me I was being served foreclosure papers. He said he was a process server with ASAP Legal Services and then just took off.”

According to court documents filed in St. Lucie County, a quit claim deed and satisfaction of mortgage were filed by Hammers and her parents on the home at 2291 S.W. Susset Lane in 1994.

Treasure Coast legal experts say Hammers’ case could be one of the most unusual to occur within the 19th Judicial Circuit, which encompasses Martin, St. Lucie, Indian River and Okeechobee counties.

“When I talked to Marshall Watson, Sonya in their litigation department, and asked why I was being served foreclosure papers on a mortgage I did not sign, on a property I haven’t lived in for almost 20 years, she got snippety with me and asked if I had an attorney. Why would I need an attorney when they’ve made the mistake?” Hammers said.

Marshall Watson is one of four practices under investigation by the Florida attorney general for questionable foreclosure paperwork. Attorneys Ida Moghimi-Kian and Ingrid Fadil, who are listed on Marshall Watson’s foreclosure documents, did not return calls.

Scripps Treasure Coast Newspapers began its investigation and contacted the Florida Attorney General’s Office early Tuesday, but staff declined to comment on the state’s active investigation into Marshall Watson and Hammers’ specific situation.

“Our office is inquiring into the situation and will be contacting the company to discuss this issue directly,” said Sandi Copes, spokeswoman for the Florida Attorney General’s Office, late Tuesday afternoon.

By Thursday, Hammers said Marshall Watson had completely changed their tune.

“They apologized profusely and said they would prepare the documents for me to sign … and that they were going to file a motion with the courts to remove my name from the foreclosure completely,” an ecstatic Hammers said. “I don’t know who called who or what was said, but their treatment of this completely changed. I felt like I was being treated like scum before, like a nobody. No one wanted to listen to me at their office.”

Hammers said she still planned to file her complaint with Copes’ office to document Marshall Watson’s treatment of the situation.

Nationstar Mortgage’s attorney Matt Floyd said the problem stemmed from an error in the way the home’s quit claim deed was recorded in the ‘90s. He said Nationstar contracts with law firms, including Marshall Watson, to process and serve foreclosure notices.
Continue reading “Virginia resident gets foreclosure notice on Port St. Lucie home she sold in 1994”

Fed Attempts to Re-Align Rescission Rights

The Fed has announced it’s intention to change the 3 year right of rescission that all homeowners currently enjoy.

Fed Attempts to Re-Align Rescission Rights

Jim Macklin
Secure Document Research

The Fed has announced it’s intention to change the 3 year right of rescission that all homeowners currently enjoy. This rule was implemented as a foundational protection of rights for home buyers who have been the victims of any number of consumer lending violations. It’s pretty simple: if a homeowner finds a violation of certain laws as it relates to the loan process, i.e.; a lender fails to disclose material information that might sway a loan decision by a home buyer, then the consumer has an extended period of three years in which to cancel the transaction. Under this scenario, the lender must either bring an action in court for declaratory relief which proves they are innocent of the wrongdoing, or they must refund the consumers’ money and the consumer may re-purchase the property through a different source of financing, or give up the property as a matter of equity.

The Fed, in its’ infinite wisdom, has decided that what’s best for the American economy is to make foreclosures even more airtight by eliminating this fundamental right to cancel. Of course, it is for our own good and the Nations’ best interests…right? I mean, if you did receive a predatory or improperly disclosed loan, you probably shouldn’t have any rights anyway because you really weren’t going to be making the payment, at least that’s what the Fed is pushing on Congress.

This is not only a bad policy, it is the epitomy of the Feds’ brash, Holier Than Thou attitude toward the consuming American Public. Whenever something is touted as being good for policy, or a “necessary measure” for re-gaining economic balance in the housing market, you can rest assured that your rights are being dragged through the dirt by an out of control, under-fed horse named the “ABA” (American Bankers Association).

Call or write your Representatives in Congress and scream long and loud for your rights, lest they be trounced. That’s how you wanted it…right?

Jim Macklin
Secure Document Research

BofA Mortgage Morass Deepens on Promissory Notes Issues

BofA Mortgage Morass Deepens on Promissory Notes Issues

By Prashant Gopal and Jody Shenn – Nov 30, 2010

Testimony by a Bank of America Corp. employee in a New Jersey personal bankruptcy case may give more ammunition to homeowners and investors in their legal battles over defaulted mortgages.

Linda DeMartini, a team leader in the company’s mortgage- litigation management division, said during a U.S. Bankruptcy Court hearing in Camden last year that it was routine for the lender to keep mortgage promissory notes even after loans were bundled by the thousands into bonds and sold to investors, according to a transcript. Contracts for such securitizations usually require the documents to be transferred to the trustee for mortgage bondholders.

In the case, U.S. Bankruptcy Judge Judith H. Wizmur on Nov. 16 rejected a claim on the home of John T. Kemp, ruling his mortgage company, now owned by Bank of America, had failed to deliver the note to the trustee. That could leave the trustee with no standing to take the property, and raises the question of whether other foreclosures could similarly be blocked.

Following the decision, the bank disavowed the statements by DeMartini, whom it had flown in from California to testify. It was the policy of Countrywide Financial Corp., acquired by Bank of America in July 2008, to deliver notes as called for in its securitization contracts, according to Larry Platt, an attorney at K&L Gates LLP in Washington designated by the bank to answer questions about the case. Continue reading “BofA Mortgage Morass Deepens on Promissory Notes Issues”

CNBC Mortgage Meltdown

Homeowner Dan Edstrom spent one year trying to find out who owned his mortgage. He describes his quest to CNBC’s Michelle Caruso-Cabrera.

Homeowner Dan Edstrom spent one year trying to find out who owned his mortgage. He describes his quest to CNBC’s Michelle Caruso-Cabrera.

source http://cnbc.com

Rigging the Bids at Foreclosure Sales

United States Attorney Benjamin B. Wagner and Assistant Attorney General Christine Varney of the Department of Justice’s Antitrust Division announced today that Anthony B. Ghio, 43, of Stockton, pleaded guilty today before United States District Judge Edward J. Garcia to conspiring to rig bids at public real estate foreclosure auctions held in San Joaquin County.

Department of Justice Press Release

For Immediate Release
April 16, 2010 United States Attorney’s Office
Eastern District of California
Contact: (916) 554-2700
Stockton Real Estate Executive Pleads Guilty to Bid Rigging at Auctions of Foreclosed Properties

SACRAMENTO, CA—United States Attorney Benjamin B. Wagner and Assistant Attorney General Christine Varney of the Department of Justice’s Antitrust Division announced today that Anthony B. Ghio, 43, of Stockton, pleaded guilty today before United States District Judge Edward J. Garcia to conspiring to rig bids at public real estate foreclosure auctions held in San Joaquin County.

These charges arose from an ongoing federal antitrust investigation of fraud and bidding irregularities in certain real estate auctions in San Joaquin County. The investigation is being conducted by the U.S. Attorney’s Office for the Eastern District of California, the Antitrust Division’s San Francisco Office, the Federal Bureau of Investigation, and the San Joaquin County District Attorney’s Office.

Continue reading “Rigging the Bids at Foreclosure Sales”

Just When You Thought You Knew Something About Mortgage Securitizations

Dan Edstrom is a guy who is in the right place at the right time. His profession? He performs securitization audits (Reverse Engineering and Failure Analysis) for a company called DTC-Systems.

We thank the guys from zerohedge.com for this article!

Make sure you visit them today to learn more…

Just When You Thought You Knew Something About Mortgage Securitizations

by williambanzai7

Dan Edstrom is a guy who is in the right place at the right time.

His profession? He performs securitization audits (Reverse Engineering and Failure Analysis) for a company called DTC-Systems.

The typical audit includes numerous diagrams including the following:

  1. Transaction Parties and Flow (similar to the chart below, but much easier to understand)
  2. Note exchanged for a bond Foreclosure parties
  3. Priority of Payments from the Security Instrument (Mortgage, Deed of Trust, Security Deed or Mortgage Deed)
  4. Priority of Payments from the Pooling and Servicing Agreement

This diagram shows that they are not following the borrowers instructions in the security instrument Continue reading “Just When You Thought You Knew Something About Mortgage Securitizations”

Securitization Blog Online …

DTC Systems.net, we provide a reverse engineering and failure analysis of Securitization for Residential Mortgages

Welcome to DTC Systems.net!

We provide Reverse Engineering and Failure Analysis of Securitization for Residential Mortgages.

Please stay tuned for posts discussing these issues in detail.   Currently we have a Securitization Workshop for Attorneys scheduled for December 11, 2010 in Auburn, CA (near Sacramento).

This is an 8 hour conference geared for attorneys, paralegals, loan auditors and others who need to understand how Wall Street created these complex transactions.

More information on this will be posted shortly.