Legal Cases and Education
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This is part of the Self-Help portion of Foreclosure Defense. See Foreclosure Defense for more tools and tips you can do in preparation for legal action.
Securitization: Road to Foreclosure (VIDEO coming soon.)
Mortgage and Securitization Report (Lesson PDF) PSA: http://www.secinfo.com/drjtj.v37v.d.htm
Defining Robosigning and Its Practices. PDF
RAN: Retained Attorney Network PDF (closed network of attorneys who handle work for Fannie and Freddie. Servicers are supposed to monitor the activities of the RAN). See:
FHFA-OIG Report on Oversight of Default-Related Services PDF (Federal Housing Finance Agency Office of the Inspector General oversees taxpayer-owned Fannie and Freddie)
Special Warranty Deed PDF (see end of video)
Note: This video is an easy to understand, illustrated lesson which shows what happened with documents signed at closing and subsequent acts leading to wrongful foreclosure. Taught by an auditor/researcher, this lesson is based on an actual case and shows examples of alleged wrongful activities. This lesson is EXCELLENT for lawyers, judges, and the general public. Please distribute to your database, to social media, judges, legislators, lawyers, and media contacts.
Predatory Lending: Road to Foreclosure -- Review of a Certified Forensic Loan Audit (VIDEO coming soon.)
Forensic Audit (Lesson PDF)
Note: Taught by a Certified Loan Auditor, Joseph Stephens.
Georgia cases only.
Morgan vs Ocwen
U.S. Bank vs Phillips (Superior Court, Georgia) Judge Dennis T. Blackmon
Long vs JP Morgan Chase, et al Excellent points. (Outcome unknown).
Foreclosure Fraud North by Northwest with Attorney Shawn Newman
Here’s an excerpt from Shawn’s article, which appeared as a Guest Post on Mandelman Matters - How he sees fraudclosure by Fannie Mae and Freddie Mac: For 1 hour Podcast click .
Chances are Fannie or Freddie “own your mortgage.” If you are in litigation, you should follow up with targeted discovery requests to the servicer confirming the servicer does not “own” your mortgage. Moreover, you should inquire and demand any records showing Freddie or Fannie assigned the mortgage to the servicer. Servicers will point to Freddie or Fannie servicing guidelines which basically provide that the servicer forecloses in its (the servicer’s) own name. Given a mortgage is an interest in land and the requirement under the statute of frauds that such contracts be in writing, the servicer’s standing to foreclose can be challenged absent some proof that the mortgage was specifically assigned by Freddie or Fannie to the servicer. Legally, Freddie and Fannie must assign back the note to the servicer. In fact, Freddie has a specific form 105 to do so.
However, Freddie and Fannie’s guidelines have evolved over time and you may find that there is no such assignment in most cases. Unless there is a written assignment from the mortgage owner (Freddy or Fannie) to the servicer, the servicer cannot foreclose for the simple reason they are not part of the mortgage contract. Simply put, only the mortgage owner can foreclose on the mortgage contract. Moreover, if the assignment of the mortgage is invalid or fraudulent, then there is a “cloud on title” which should be identified by title and mortgage insurers.