[with 2021 updates] In the latest foreclosure fraud scandal to come to light, Nationstar Financial admitted that it halted foreclosure proceedings in 23 states after receiving multiple complaints from state authorities. The admission came to light in documents filed with the SEC. This admission comes at a time when Nationstar is trying to raise $1.4 […]
David v Goliath – Homeowners Beat Wells Fargo, Freddie Mac In Foreclosure
[Post updated related to COVID-19 forbearances] We like rooting for the underdog. Particularly when the underdog has no lawyer and takes on the Federal Home Loan Mortgage Company (“Freddie Mac”). Freddie Mac is a government sponsored enterprise with over $2 trillion in assets. They certainly can afford great lawyers and take on small homeowners who dare […]
Michigan Homeowners Score Appeals Court Victory Against Citibank
by Brian Mahany As we have said many times, the tide is beginning to turn against big banks and in favor of homeowners. For many years, courts simply rubber stamped foreclosure petitions. Now they are much more carefully scrutinized; particularly those filed by the nations largest banks – the so called “too big to fail.” […]
More Bad Ink For Morgan Stanley – This Time From ACLU
by Brian Mahany The nation’s big banks have received their fair share of bad press lately. Almost every day is a new horror story involving Bank of America, Chase, Citibank, Wells Fargo and Morgan Stanley. Today is no exception. The ACLU announced it sued Morgan Stanley for violating the Fair Housing Act and Equal Credit […]
Homeowners – 1, Bank of America, Wells Fargo -0
by Brian Mahany Despite the turning tide, big banks continue to win many court battles. Individual homeowners just can’t afford to take on the banking giants and their Park Avenue lawyers. Now and then, however, homeowners win. And some times they win big. Every victory empowers more and more homeowners to come forward. Last week’s […]
Federal Appeals Court Rules In Favor Of Homeowner In Sub Prime Case
by Brian Mahany We keep saying that courts are finally beginning to wake up and realize that not all lenders and loan servicers were created equally. Recently a federal trial court in Ohio tossed claims against Bank of America and its progeny, Countrywide Home Loans. A husband and wife homeowner sued the lenders for fraud […]
"Show Me The Note" Foreclosure Argument FAILS
by Brian Mahany Some people reading this post are thinking we have gone to the dark side. Don’t worry – nothing could be farther from the truth. As lawyers, we fight hard for our foreclosure clients but have to be realistic. Anyone reading mortgage blogs and some of the Occupy Homes materials would think that […]
Washington State Attorney General Takes on MERS
by Brian Mahany Earlier this year the state attorney general of Washington filed a brief with the Washington State Supreme Court taking on MERS. We are happy to see elected officials finally realizing the mortgage mess is not going to fix itself. In the case of Kristin Bain versus Metropolitan Mortgage Group, the A.G. weighed […]
Court Refuses To Dismiss Government's Fraud Case Against UBS
by Brian Mahany Most of our readers know that we sue banks and mortgage lenders on behalf of homeowners victimized by predatory foreclosure practices. Lately, we have been gathering information against Wells Fargo, Bank of America, Bank of New York and others after hearing horror stories of robo-signing, forged documents and even foreclosing against a […]
New Hope For Struggling Homeowners!
by Brian Mahany We have been saying for several months that the tide is beginning to turn against big banks and mortgage lenders. Many courts are beginning to get fed up with the abusive practices of lenders. Recently several state supreme courts have been weighing in on a wide variety issues including missing paperwork, forged […]