Posts Tagged ‘bank fraud’

Foreclosure Mills, Bank Fraud and the Housing Market — 2011′s Top Headlines Pt. 2

Saturday, December 31st, 2011
Continuing our list here’s Pt. 2 of our Top 10 stories for 2011 —

As 2011 got underway we were presented with a fascinating yet disturbing report by the Florida Association of Court Clerks called “Unfair, Deceptive and Unconscionable Acts in Foreclosure Cases”.  It brought these horrible practices into the harsh light of day.

“What we got from this is the state has had the opportunity to see where the laws have been broken,’ Palm Beach County Clerk and Comptroller Sharon Bock said at the time, “and frankly, it is in large part thanks to the work of the defense attorneys.

We cited April Charney from the Jacksonville Area Legal Aid and Peter Ticktin and many others wonderful attorneys who have taken bank officers’ depositions, challenged judges rulings and fought the good fight for the Florida homeowner.

#4 — Cracked! Humpty Dumpty, Chase and GMC, the Bank Fraud Foreclosure Crisis Continues to Fall!

Somewhere along the line, the overly ambitious bankers on Wall Street had the “great idea” of slicing and dicing the interest of the Promissory Note and literally severing it from your Mortgage. Why? Convenience,expediency, and, arguably, greed.  And much like Humpty Dumpty after his great fall, the banks couldn’t bring the mortgages and their corresponding Notes all back together again. The banks were accused of fraud and perjury trying to do just that.

# 3 —  Housing Market Poll: When Will Florida Recover?

If Americans are right, 2012 will finally be the magic year for the housing market. Over 2,000 adults were polled by Trulia and RealtyTrac , and the majority, 22 percent, said most Americans think the housing market will fully recover in the new year. A mere 10 percent thought a recovery would happen this year, while nearly a quarter of those surveyed predicted a bumpy road until 2015 and beyond.

However the South Florida Law Blog is more pessimistic, believing it will be at least 2016 before Florida’s housing market fully recovers, but a new study shows many Americans are far more optimistic. Although foreclosures have slowed in Florida, we believe they may kick back into high gear.

#2 – Deficiency Judgments Haunting Return, Jason Lives Once Again

 This was yet another blog where we spoke about our deficiency judgments.  While most large banks were too preoccupied with foreclosures to pursue deficiency judgments, the Sun-Sentinelreported on the fear that when banks catch up in the next several years, they will aggressively go after these judgements.If this happens, expect the main targets to be strategic defaulters, people who can afford their mortgages but defaulted because they are so underwater that it didn’t make any sense to pay. Not every strategic defaulter has to worry though. A deficiency judgment can only be entered in foreclosure cases, not short sales, unless the bank decides to file an action and litigate in court.

Miami-Dade County Judge Maxine Cohen Lando went on the record to dress down a foreclosure mill in such a fashion that it brought chills to any lawyer.  The court questioned what kind of supervision is going on at the foreclosure mills and whether the named partners were in any manner setting up the proper systems to ensure that quality work was being produced.

“You are walking in here totally unprepared, except to make a bunch of flimsy excuses,” she told the banks lawyers. We finally saw a judge take the entire foreclosure production process to task;  a judge who is no longer afraid to tell the truth and do her job.

Honorable Mention — Early Holiday Presents from the 4th DCA

This story was too recent to rank high on our list, but it was too important not to mention. Homeowners got a nice early present from the 4th District Court of Appeals this season, who thanks to some stinging decisions, realized that the banks must have the proper authority before they proceed in the foreclosure process. For years we’ve been saying that the banks have systematically been cutting corners in the foreclosure defense process by not having the requisite power to bring their cases. They’ve been denying the due process of  those in the foreclosure process by allowing banks the banks to proceed.  That process was unfair and unconstitutional, and  the courts have now come to the conclusion that we did long ago. 

So there you go. We here at Oppenheim Law have been proud to serve you, the homeowner, and look forward to continuing to fight the good fight in the upcoming year. Happy New Year and we’ll see you in 2012!

Robo-Signing Returns, Raising Eyebrows and Acid Reflux

Sunday, July 24th, 2011


Oppenheim Law would never accuse the banks of committing fraud, perjury, impersonation, notary fraud, contempt of court, lying, violating Constitutional protections, or being tax cheats. Nevertheless, we do make this advisory: Be careful of what you sign.

Why?

As soon as you think  the coast is clear, it’s the return of the robo-signers.

Suspected robo-signed documents are cropping up again in county deed records, according to the Associated Press. These new documents suggest the previous document mill scandals are part of an endemic problem at banks, not a one-off affair like the banks would have you believe.

In explaining the document mill scandals, banks claimed they were crushed by a gigantic amount of paperwork. It was while attempting to deal with such a large amount of paperwork that “mistakes” were made, according to the banks. Such claims are now being met with a raised eyebrow.

Registrars in several states have reported seeing suspicious documents. But now, the banks can’t claim they are under a mountain of paperwork: foreclosures, sales, and refinances are all at lower levels than they were in the past several years. Most of the documents under suspicion now are not even related to foreclosures. Rather, they mostly deal with new home purchases and refinances.

The banks are even using some of the exact same names heavily publicized when the scandals first broke like Linda Green and Crystal Moore. Such behavior points to an industry that sees itself as untouchable: too big to fail and too big to be regulated.

The proposed settlement between the banks and the states includes no criminal charges. Critics say that such slaps on the wrists only foster a culture of impunity, and they appear to be right.

This doesn’t mean some are not trying to fight back. The Michigan state attorney general filed criminal subpoenas against several mortgage servicers after 23 counties filed complaints. John O’Brien, the registrar of Essex County in Massachusetts, and Jeff Thigpen, the registrar of Guilford County, North Carolina, have both refused to accept documents suspected of being robo-signed. Mr. O’Brien even demanded a signed affidavit from Bank of America after he received several documents signed Linda Burton, another name that popped up in connection with the document mill scandal. Bank of America refused to handover the affidavit, and instead resent the paperwork signed by someone else. According to Mr. O’Brien, such behavior is evidence of “consciousness of guilt” on behalf of the bank.

Just like acid reflux, robo-signing doesn’t seem like it’s going away without a fight!

Poor Wall Street: Everyone Is Picking On Them

Friday, April 15th, 2011

AC 360 Podcast 4/14/2011Who would ever have thought that the most respected names on Wall Street would cheat the house by playing with a marked deck?

Dear Wall Street: We’re not in Vegas anymore! The Sin City “players” of Wall Street might be trading in the fancy hotel rooms for prison cells.

The SEC is now following the Federal Reserve and the Senate is chastising Wall Street for effectively causing the economic crisis.  The Securities and Exchange Commission today announced that they too will be joining the bandwagon and fining the major banks on Wall Street for fraudulently causing the worst economic meltdown since the Great Depression. They follow on the heels of the Federal Reserve and the United States Senate in lambasting the “banksters”.

Nearly 2½ years into the economic crisis and not a single individual has yet been held accountable or responsible for their actions. All of a sudden, a rein of terror is coming down on Wall Street.

Well, all I can say is that it’s about time and we told you so. Elliot Spitzer did so as well. Here is an interview he did with Anderson Cooper last night (tip: fast forward to about 11:08).

Spitzer goes over the massive fraud perpetrated by Wall Street and demonstrates how easy it would be to put Wall Street executives in jail. His co-interviewee, Matt Taibbi of Rolling Stone Magazine, made the analogy of a car dealer selling cars he knew were defective and then taking out life insurance policies on the passengers of the cars. This is exactly what Goldman Sachs and the other investment banks were doing; only Mr. Taibbi left out the fact that before selling the cars, the banks took them to mechanics that strip the breaks!

In light of the flood of reports, perhaps a second look needs to be taken at the homeowners of this country. Those homeowners who are not paying their mortgages, whether because they cannot afford them or because they do not see the point of paying a mortgage worth double their home’s value, are sometimes criticized and called deadbeats. I have a new label to apply to them: protesters. How can someone be criticized for not giving these Wall Street criminals money, especially when they are the reason our economy imploded and housing prices collapsed!?!?

Two years ago I suggested that if the allegations against Wall Street were in fact true that a Shay’s Rebellion  2.0 would manifest itself.  Who would have ever thought that the evidence now suggests a scheme and sham much greater and profound than Madoff’s Ponzi scheme?

I used to think that Wall Street had the brightest minds coming out of our top schools and thus they knew how to count cards: a perfectly legal approach to beating the odds in Vegas.

However, who would ever have thought that our most respected names on Wall Street would cheat the house by playing with a marked deck!

May I respectfully suggest that this crisis did not start on Main Street, it started on what should become Prison-Wall Street!

This Week’s Instant Replay: Oppenheim Law Foreclosure Fraud Workshop

Friday, November 5th, 2010

Toxic foreclosures, robo-signers, rocket dockets, bank busters, dirty titles and clean homes! The new lingo in real estate law is making a name for itself and leaving frustrated homeowners with questions.

In case you missed this month’s Foreclosure Fraud Workshop hosted by Legal Blogger and Foreclosure Defense Attorney Roy Oppenheim, South Florida Law Blog brings the instant replay!

If you have questions about Florida foreclosure news and how it affects you, post them in the blog comments and next week we will post a blog with Frequently Asked Questions and Answers.

Oppenheim Law Foreclosure Fraud Workshop


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