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Mich. foreclosure law is ‘gov’t-sanctioned thieving’

Hopefully the United States Supreme Court will agree to hear this case. In the meantime the people of Michigan need to contact their state legislators and demand that the legislature repeal the Michigan General Property Tax Act.

Livinglies's Weblog

Michael Haverluck

The Supreme Court of the United States (SCOTUS) is being petitioned by several small property owners in Michigan who argue that they were victimized by the state’s abusive foreclosure law that allows the local government to steal their property and make hundreds of thousands of dollars in profit off of them.

Represented by Pacific Legal Foundation (PLF) the property owners’ appeal is asking SCOTUS justices to review and strike down the problematic Michigan General Property Tax Act – a law that permits the local government to seize and sell peoples’ property because of their overdue taxes, while keeping any extra profits from the sales for itself … like ordinary thieves.

“Michigan’s General Property Tax Act allows bureaucrats to take more than their due when they go after people for unpaid property taxes,” PLF attorney Christina Martin stated in her nonprofit legal group’s press release last week. “In other…

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Ocwen to Shell Out $56 Million in Class-Action Settlement

Livinglies's Weblog

Ocwen to Shell Out $56 Million in Class-Action Settlement

July 20th, 2017  |  by Alex Spanko

Ocwen Financial Corporation (NYSE: OCN) on Thursday announced that has reached a $56 million settlement over a federal class-action lawsuit, the latest in a line of issues for the troubled servicer.

The lawsuit stemmed from alleged problems with restatements in Ocwen’s 2013 and 2014 financial statements, as well as a 2014 consent decree from the New York State Department of Financial Services that prohibited the company from gaining additional mortgage servicing rights in the state.

The West Palm Beach, Fla.-based Ocwen originates and services reverse mortgages under its Liberty Home Equity Solutions subsidiary.

“While the company believes that it has sound legal and factual defenses, Ocwen agreed to this settlement in order to avoid the uncertain outcome of the trial and the additional expense and demands on the time of its senior management,” the…

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David Dayen: Wells Fargo Is Trying to Bury Another Massive Scandal

This story is not surprising to me. The fact that the big banks and corporations can use arbitration clauses buried in the fine print of their contract is outrageous and should be banned. The fact of the matter is that historically speaking, arbitration was typically used by merchants and in some cases several different countries to resolve territorial disputes as shown by this quote, “Some historians hold that arbitration was used as a means of resolving disputes before the appearance of the court system. These historians point to records of the ancient Egyptians, Greeks and Romans to support this claim. These records indicate that in ancient times, contrary to the practice of today, the arbitrator was generally a person know and trusted by both parties – the better known the arbitrator the more confidence the parties would have in his or her judgement.

Philip of Macedon, father of Alexander the Great, is recorded to have used arbitration to settle territorial disputes arising from a peace treaty with some of the Greek states in 337 BC.[1]

Lord Mustill, Lord Justice of Appeal, commences his article ‘Arbitration – History and Background’ in the Journal of International Arbitration(1989), “Commercial arbitration must have existed since the dawn of commerce. All trade potentially involves disputes, and successful trade must have a means of dispute resolution other than force.” See https://dynalex.wordpress.com/2012/12/28/a-brief-history-of-commercial-arbitration/

” In Athens, most disputes were settled through arbitration rather than in the Jury Courts. There were two kinds of arbitration: public and private. In private arbitration, the two parties to the dispute would select a mutually agreeable third person or persons to decide the case; the results of private arbitration were recognized in the law as binding and final, and no appeal was permitted (unless malfeasance could be shown on the part of the arbitrator). Alternatively, the contending parties could bring their dispute to a state-appointed public Arbitrator. (The board of public Arbitrators consisted of all male citizens in their sixtieth year.) Because the disputants had no choice about which Arbitrator was assigned to them, and might end up with a dud, it was thought only fair in the case of public arbitration (unlike private arbitration) to allow the Arbitrator’s decision to be appealed to the Jury Courts. The choice between private arbitrators, public Arbitrators, and Jury Courts introduced a salutary competitive element into the Athenian judicial system. ” See this webpage https://www.lewrockwell.com/2004/06/roderick-t-long/libertarian-athens/

Livinglies's Weblog

The bank became notorious last year for creating fake accounts on behalf of customers. Now it’s trying to kill a class-action lawsuit over shady debit card fees.

Wells Fargo became a poster child for corporations that abuse their own customers last year when it got fined for ginning up roughly 2 million (maybe even more) fake accounts to meet high sales goals. The bank has since tried to block customer lawsuits over that misconduct, using fine print buried in contracts known as the forced arbitration clauses, which force customers to go not before judges but a secretive non-judicial process to get relief.

It turns out Wells Fargo has a long history of using arbitration to evade legal scrutiny. In fact, for the past six years, Wells has tried to use arbitration to block a class-action suit…

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Quicken Loans Banged for $11 Million Appraissal Fraud

Livinglies's Weblog

It comes as no surprise that a tiny subsidiary of  Quicken was getting kickbacks on appraisal fees and that the appraisals were “MAI” (Made As Instructed.” This is one of the lynchpins of the illegal scheme. The higher appraisals got everybody excited about a housing boom that was a complete illusion. As soon as lending stopped the prices went back down to fair market value using standard indices.

Get a consult and Chain of Title Analysis! 202-838-6345
https://www.vcita.com/v/lendinglies to schedule CONSULT, leave message or make payments.
THIS ARTICLE IS NOT A LEGAL OPINION UPON WHICH YOU CAN RELY IN ANY INDIVIDUAL CASE. HIRE A LAWYER.
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The only thing the Court and the reporters seem to have wrong is that they think Quicken was funding the loans. It wasn’t. It was collecting fees for acting as though it was funding the loan.
Quicken allegedly provided appraisers advance “estimates”…

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Another PennyMac Crash! CA Case for Homeowner

This is a huge win for the homeowner and should read by anyone in California that is dealing with a similar issue. In particular this case discusses the fact that judicial notice in California cannot be taken of the truth of any disputed facts alleged in recorded documents and that a defendant cannot offer evidence of additional facts to support a demurrer as so called “speaking demurrers” are not allowed.

Livinglies's Weblog

American jurisprudence is clearly still struggling with the fact that in most cases the forecloser either does not exist or does not have any interest in the loans they seek to enforce. In virtually all instances PennyMac is acting in the role of a sham conduit while allowing its name to be used as the front for a nonexistent lender.

Such foreclosers use semantics and legal procedure to create and cover-up the illusion of “ownership” of the debt (the loan) and the illusion of having the rights to enforce the note bestowed by a true creditor. This case opinion is correct in every respect and it conforms with basic black letter law in all 50 states; yet courts still strive to find ways to allow disinterested parties to foreclose.

Get a consult and Chain of Title Analysis! 202-838-6345
https://www.vcita.com/v/lendinglies to schedule CONSULT, leave message or make payments.
THIS ARTICLE IS…

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Almost 40 millions of Americans live in housing they cannot afford

http://www.cnbc.com/2017/07/13/harvard-study-heres-how-many-americans-cant-afford-housing.html Ester Bloom Thursday, 13 Jul 2017 | 9:22 AM ET Harvard study: Almost 40 million Americans can’t afford to pay for housing According to new research by Harvard University, almost 40 million Americans “live in housing they cannot afford.” Homeownership has gone down and rental prices keep going up, meaning that millions of residents […]

via A shocking number of Americans live in housing they can’t afford, according to Harvard study — Livinglies’s Weblog

Subprime mortgages are making a comeback

Apparently the biggest banks in the US didn’t learn their lesson the first time around… Because a few days ago, Wells Fargo, Bank of America, and many of the usual suspects made a stunning announcement that they would start making crappy subprime loans once again! I’m sure you remember how this all blew up back […]

via The Subprime Mortgage Is Back: It’s 2008 All Over Again! — Easy Money

This is very bad news for the economy as this will make the real estate bubble grow even larger and guarantees that the next real estate crash will be several orders of magnitude worse than the last one.

 

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