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Short Sale No Protection Against Bank
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Editor’s Comment:
As if on queue this story appears. I have been warning buyers of short sales that they face strong headwinds in maintaining ownership of the house, keeping possession, and the general fact that buying a short sale probably is buying into litigation now or later.
This guy is a true innocent buyer without any real notice of the problems he was buying into. His realtor obviously didn’t tell him because the realtor’s compensation is based upon the sale closing. The title agent didn’t tell him for the same reason. And the bank selected as the ” designated hitter” to receive money and execute papers showing the old mortgage was satisfied and the foreclosure was over probably didn’t even know who to call or why because, like the originator at the original closing on the loan, was just a fee for service “satisfied” instead of a fee for service originator.
So the designated forecloser keeps proceeding — and in this case apparently foreclosed on the house without the new short sale buyer knowing a thing about it, evicted the tenants, which now included the shortsale buyer, and then broke in, removed all the personal belongings leaving this guy with a lawsuit for trespass and the loss of his furniture and personal belongings.
This will continue until we accept and act upon the fact that the foreclosures and the would-be originators of foreclosures have no right to even be at the table — same as when the old old loan was created.
KC Man Sues Bank Over Foreclosure Error
Claim: JPMorgan Chase Changed Locks, Seized New Owner’s Property
KANSAS CITY, Mo. – A Kansas City man is taking on banking giant JPMorgan Chase, accusing the company of something that he said would have landed anyone else in handcuffs.
Allan Danforth bought a house in a short sale in fall 2010. JPMorgan Chase held the previous owner’s mortgage. Danforth said two months later, without notice, the bank changed the locks and hauled away $ 25,000 worth of furniture, appliances and family heirlooms.
“I had to bust in through the basement window here,” Danforth said, pointing to the house that he was forced to break into more than 18 months ago.
He said JPMorgan Chase’s contractor, Safeguard Properties, ignored “No Trespassing” signs on the garage, changed the locks on his home and cleaned it out two months after he paid cash for the property.
“It was basically stuff that was 150 years of family history,” Danforth said. “I feel violated and I felt like the house wasn’t even safe to go into for a while.”
Danforth said Safeguard Properties could find his family heirlooms. He said JPMorgan Chase just gave him a runaround.
“They’re the big bank and they don’t care,” he said.
“It’s a wrong built upon wrongs,” said attorney Tony Stein.
He said it’s a wrongful foreclosure.
“We fully intend to go into court and have a Jackson County jury try to decide the eventual outcome of this case in the only language JPMorgan Chase understands,” Stein said. “The language of money.”
In his lawsuit, Stein accuses JPMorgan Chase of theft, trespassing and reckless indifference.
Jackson County court records show that on Sept. 9, the previous homeowners transferred the house to Danforth. The bank signed off 12 days later.
“For the very company to release their deed of trust and thereby release all their rights against this property, and then two months later, send in a company to clean this thing out? You’ll have to ask them why they’d do something like that,” Stein said. “It defies logic.”
Danforth and his attorney said the bank has ignored their letters. When KMBC investigated the case, a spokeswoman for JPMorgan Chase had a response.
“We made a paperwork mistake when the property was sold, which resulted in our service partner changing the locks and winterizing the property to ensure its security,” the statement said.
The company did not comment how it plans to settle the dispute.
“I’m not the first one. I will not be the last, unfortunately,” Danforth said.
He said he has installed a security system in case of another “paperwork mistake.”
“If it were you or I doing it, we’d be sitting in jail right now,” Danforth said. “Why isn’t JPMorgan in jail?”
Safeguard Properties deferred comment to the bank.
Danforth’s lawsuit is before the Jackson County Court and claims actual damages in excess of $ 25,000. Under law, Stein said members of Danforth’s family could be entitled to recover as much as $ 1.5 million in punitive damages.
Danforth’s copies of important documents were inside the house and were taken by Safeguard Properties. Experts said in case of a fire or burglary, it’s a good idea to have copies of important documents in a digital form or a safety deposit box.
Filed under: foreclosure Tagged: Allan Danforth, foreclosure, foreclosure fraud, Jackson County, JP Morgan Chase, KMBC, Lender Liability, punitive damages, realtor, Safeguard Properties, service originator, short-sale, theft by bank, title agent, Tony Stein 
Livinglies’s Weblog
Signed, Sealed, But Not Delivered?
- Getty Images
American Airlines’ restructuring has put the airline into frequent conflict with its employees. The latest bone of contention? Peel-off mailing labels.
American’s parent, AMR Corp., is fighting a request from its passenger service agents to hand over “alphabetized peel-off labels” with their names and addresses so they can be sent ballots to vote on whether to unionize.
The agents, who book flight reservations and check in passengers at the airport, will vote next month on whether to join the Communications Workers of America union. (Full disclosure: CWA represents Dow Jones reporters, including this Bankruptcy Beat writer.) Last month, the National Mediation Board, an independent mediator that works with airlines and their employees, told AMR to give it the labels so it could mail voting instructions and ballots to eligible American Airlines employees. But it didn’t, so the agents urged the U.S. Bankruptcy in Manhattan to force AMR to comply.
In papers filed Tuesday, AMR responded that it won’t hand over the labels while it contests NMB’s decision to allow the union election to go forward. According to AMR, not enough employees authorized the election. If the federal court where AMR took the dispute orders it to supply the labels, AMR said it would do so.
The fight bubbled up in bankruptcy court last week, where Bankruptcy Beat contributor Joseph Checkler reported (sub. req.) that the agents’ attorney accused AMR of delaying, and possibly trying to outright prevent, the election. The accusation drew yells of support from workers who packed the courtroom, prompting the judge to get out his gavel.
With time running out before next month’s vote, it looks like the agents took matters into their own hands. An agent group that wants to organize says its members delivered the labels Tuesday to the NMB’s general counsel, urging her to get the election moving.
New York Tax Attorney – Sean Chi offers advice on Reducing or Eliminating Your Tax Debt
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Practical Advice For Term Life Insurance Quotes
Practical Advice For Term Life Insurance Quotes
Likewise, there’s a huge pool of online information and agents willing to assist you during the process. It could mean days of waiting, visits to different offices or tagged into never-ending insurance chitchats. Today’s a little different though, as long as you know what you are looking for you can practically accomplish it in minutes. Getting term life insurance used to be a tedious, time-consuming and annoying process.
Deciphering What Type of Insurance You Need
The only bummer we can think of is that it offers ‘no cash’ value unlike the whole life insurance. It’s worth noting that whole life insurance allows you to borrow your money and fix your premium rates throughout your plan. Insurance companies offer two types of insurance: term life and whole life insurances. When it comes to popularity, term life insurance wins the heart of the people primarily due to its cheaper value.
However, if budget for paying the premiums isn’t an issue, whole life insurance is the way to go.
Senior adults ages 65 and up will find it utterly expensive as compared with whole life insurance with the same benefits, 30 years earlier. It is therefore important to evaluate your needs thoroughly, pick those plans designed to serve those needs and save money. Term life insurance is more inclined to serve the younger people.
The best way to save money is to bring together online life insurance quotes from multiple insurance providers. It is not as difficult as long as you can click a mouse, a few minutes to spare, it will in no time.
Life insurance longer collected budgets to the greater the chances of reaching a more cost-effective. People call this comparison-shopping, which usually gives a, what else, the productive results! Comparison-shopping is the first step in getting your term life insurance minus the sweat. There are plenty of comparison websites on the Internet or, better yet, use a search engine to find them.
You should always know the name of the company supplying the event. For those who have not received any nerves but to shop online or just want to experience the conventional way of buying insurance, I have some suggestions below: Have term life insurance quotes from three or more dissimilar insurance agents. Self-governing agents often take over a company that means more than one appointment is available at any given time. Inspect, examine the details and ask if something is not clear to you.
Life Insurance Quotes Articles are a handsome contribution from Iftikhar Tirmizi to the Internet users, being Finance Manager for 12 years has given him enough exposure to write on http://www.beamalife.com/”>Whole Life Insurance
Objections and Preserving Your Rights on Appeal: From, Whose Lien Is It Anyway? by Neil F Garfield
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Editor’s Comment:
Foreclosure cases are won or lost on procedure more than on the merits of the case offered by either side. Lawyer and especially pro se litigants tend to use the right of appeal, as though it was a vehicle for entertaining evidence, objections or motions that should have been made. These make up a large percentage of the 85% of cases that are affirmed on appeal.[1]
The appellate court rarely has even the power to consider affidavits or other evidence that was not proffered and which does not show up on the record on appeal sent by the clerk of the court on the “trial” level. The appellate court is limited to what DID happen and not what SHOULD have happened. If the matter was properly raised in the lower court, then the matter may be considered by the appellate court. If not, then they must simply state that the grounds for appeal were not properly preserved for appeal and affirm the decision of the lower court Judge.
In foreclosure cases, most of the objections that should be made are known in advance and quite probably should be brought or offered as a motion in limine before the actual hearing, so that the complete focus of the court is on the issue that would be presented by opposing counsel and the objections raised by the borrower homeowner. In those cases, where the objections are known in advance, you should not only state that you have an objection, but the state the reasons for your objection and include a memorandum of law on the point, complete with copies of the most relevant cases.
Most of the errors that I see on the trial court level amounts to denial of due process in that the Court refuses to hear the merits or to allow the parties to conduct discovery. If that is the case in your case, you should mention it even though it is “fundamental error” that the appellate court could hear even without raising the objection contemporaneously with the subject of your objection.
This assures (along with the transcription from a court reporter) that everything about that objection was stated, presented and denied, if such is the case. It might also alert the Judge that you are ready to make such an appeal. If the objection is procedural relating to whether a proper foundation has been laid for the introduction of evidence, or whether the Court is accepting the proffer of counsel without any evidence in the record to support it, then you must make that point clearly and with support from citations in your own state. If the court refuses to hear the objections in limine then you still have the matters raised as part of the court record but you must raise the objection in the hearing or you might well have waived them unless your main point (ill advised) is that the court abused its discretion in denying the motion in limine without hearing it on the merits.
In every case I have seen reversed on appeal, there was something in the record that contradicted or nothing in the record that supported the position taken on appeal.
There are no magic words or bullets on objections. What is necessary is that you state it, without rambling on tangent subjects, with sufficient specificity so that the appellate court will understand in a flash what your objection related to, and what grounds and what law upon which you were relying. Do not combine objections. If you have more than one then state that you have 2 or more objections and proceed with the first.
The mistake I see in appeals and trial proceedings is that the attorney for the homeowner borrower remains silent while opposing counsel states facts that are not in the record (because there has not been an adversary proceeding and that you deny those facts, as they are in issue between the two sides). In many cases the Judge takes silence as a concession that the facts are true as stated and that your defense relates to something other than contesting the facts being proffered by opposing counsel.
The appellate court might agree, particularly if you are not clear in immediately identifying the fact that there was a real transaction in which money exchanged hands and then another event which involved the signing of papers but in which there was no actual transaction. The fact that the borrower believed the papers to be true while everyone else knew they were not, cannot now be used to further the fraud upon your client.
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[1] It has been pointed out by some bankruptcy court judges that out of the three possibilities for appeal of a bankruptcy court ruling, petitioners and their counsel usually bypass the appeal laterally to the sitting District Court Judge charged with hearing civil cases with Federal jurisdiction and with hearing appeals from decisions made in the bankruptcy court. Sources tell us that the percentage of reversals and remand is possibly as high as 50% when brought to the District Judge rather than the BAP or Circuit Court of Appeals.
Filed under: foreclosure Tagged: affidavits, appellate court, bankruptcy court, bankruptcy court judges, BAP, cases affirmed on appeal, Circuit Court of Appeals, citations, clerk of the court, court abused its discretion, court reporter, denial of due process, district court judge, evidence, federal jurisdiction, fighting foreclosure, foreclosure, foreclosure cases, foreclosure defense, foreclosure fraud, foreclosure offense, fraud upon your client, fundamental error, in limine, judge, lower court, memorandum of law, Motion IN Limine, OBJECTIONS, objections in limine, objections known in advance, opposing counsel, predatory lending, Preserving your rights on appeal, pro se litigants, procedure, record on appeal, reversed on appeal, silence as concession, transcription, TRIAL, trial proceedings, Whose Lien is it anyway? 
Livinglies’s Weblog
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10000 foreclosure Tossed OUT – Maryland – Supreme Court – Mass, MERS No Right to Foreclose
Maryland Judge tossed out 10000 foreclosures – Mass Supreme Court Ruled, MERS no standing to Foreclose! Maryland it was a professor at University of Maryland with his students who sued and got the 10000 foreclosures TOSSED OUT! Everyone CALL YOUR UNIVERSITY – ASK THE LAW PROFESSOR TO SUE MERS IN THEIR STATE WITH THEIR STUDENTS! Seriously – Do it – WE CAN WIN! sherriequestioningall.blogspot.com
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Hi, this is Gen Hagen. Recently I invited all my clients and some prospective clients to attend a home seller’s seminar that a few were unable to attend. Since I didn’t want anyone to miss out on this information, I put together the following video. Although the research is national in scope, one needn’t go to far to extrapoplate New York State home price projections. I hope you find it of value: Today’s Home selling environment is trickier than ever… although home prices have gone down nationally by about 31%, home price declines here in Suffolk County have ranged from 2006 to as little as 8% declines in Babylon to 57% declines in Central Islip. So as you can see, home prices depend greatly in the town that your property is located within. Take a moment and pause this slide if you’d like to compare the rate of decline in your town.. Some would say that homes aren’t selling — but you know, they’re wrong. On Average 12630 homes are selling each and every day and another 8715 buyers are receiving a mortgage — every day! Lets take a look at historic national home prices — as you can see, the norm was about 3.6% for home price appreciation between 1987 and 1999, then during the bubble from the 1st qtr of 2000 to the 2nd qtr of 2006, prices increased 10.4% annually and then came the bust from the 3rd qtr of 2006 til today where home values have decreased on average 7.1% per year. Again, as I’ve said earlier, home values vary greatly from town to town and you should check …
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The Broke and the Beautiful: T.O. Edition
This week on The Broke and the Beautiful, Terrell Owens opens up to famed talk-show host Dr. Phil, and the Phoenix Coyotes might be ending its period of NHL ownership. Also this week, Gary Busey has a new job.
- Associated Press/Cincinnati Enquirer
- Terrell Owens speaks with reporters as he arrives at the Greater Cincinnati and Northern Kentucky International Airport on July 29, 2010.
Bankruptcy Beat is no stranger to fumbling football stars. We’ve tackled the likes of Charlie Batch, Mark Brunell, and, more recently, Warren Sapp and Deuce McAllister. Now, former NFL player Terrell Owens is crossing our line of scrimmage. According to the Toronto Sun, Owens appeared on “Dr. Phil” Tuesday and tearily opened up about his problems, including an impending bankruptcy case, the crash of his career and accusations of being a deadbeat dad. Fox Sports gives us a play-by-play of the segment.
“Anyone who knows me, they know I don’t live that extravagant life,” Owens noted. “Do I have nice things? Yes, but you’re not going to see me popping bottles in the club.”
- Getty Images
- Greg Jamison
It looks like the NHL is ever closer to its goal of selling off the Phoenix Coyotes, likely to a group led by former San Jose Sharks executive Greg Jamison. But the team—which reached the Western Conference finals for the first time since moving to Arizona in 1996—might not be making everyone happy. According to The Wall Street Journal, some of the costs are falling to the residents of Glendale, Ariz. The city has to pay Jobing.com Arena, where the team plays, debt payments of about $ 12.6 million a year and has been paying almost $ 25 million a year to the NHL as an arena-management fee.
If the deal with Jamison works out, the team would keep paying the arena-management fee, but only about $ 14.5 million a year. The Coyotes saga, which we last touched on in September, has been in play for three years. Former team owner Jerry Moyes placed the team into Chapter 11 in May 2009, and the NHL bought the team later that year.
- Associated Press
- Placido Domingo in a June 2011 file photo
Famed tenor Placido Domingo might not be singing words of praise for the San Antonio Opera, which filed for bankruptcy liquidation this week. Court documents show that the opera, which filed for Chapter 7 bankruptcy liquidation this week with nearly $ 900,000 in debt, owes Domingo more than $ 50,000. Opera founder Mark Richter told the San Antonio Express-News that the majority of the fee for Domingo, who performed with the opera last June, had already been paid and that the $ 50,500 debt was “just a fraction” of the fee.
- Valerie Macon/AFP/Getty Images
Last month, actor and reality-TV star Gary Busey shared tax tips with Jimmy Kimmel’s late-night audience. This month, he graduated to a role in a new sitcom. According to Broadcasting & Cable, Busey is set to star in a “Mr. Box Office,” a show about a movie star (to be played by Bill Bellamy) who has to do community-service teaching at a high school in Los Angeles. TMZ said that Busey will reportedly be making $ 4,500 a week playing a “crazy person.”
Jon Scott Ashjian, a former Tea Party of Nevada candidate for the U.S. Senate, has filed for bankruptcy. According to Vegas Inc., Ashjian said he was forced into Chapter 7 liquidation because a lawyer didn’t properly represent him in lawsuits and other legal matters, something that caused judgments to be entered against him. In addition to filing his own bankruptcy petition along with wife Bonnie Lynn, one of his companies, W.I.T. BRO Inc., also filed for Chapter 7. Ashjian was defeated by Majority Leader Harry Reid in the 2010 Senate election.
AP Fannie, Freddie and BOA set to Reduce Principal and Payments
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Editor’s Comment:
Partly as a result of the recent settlement with the Attorneys General and partly because they have run out of options and excuses, the banks are reducing principal and offering to reduce payments as well. What happened to the argument that we can’t reduce principal because it would be unfair to homeowners who are not in distress? Flush. It was never true. These loans were based on fake appraisals at the outset, the liens were never perfected and the banks are staring down a double barreled shotgun: demands for repurchase from investors who correctly allege and can easily prove that the loans were underwritten to fail PLUS the coming rash of decisions showing that the mortgage lien never attached to the land. The banks have nothing left. BY offering principal reductions they get new paperwork that allows them to correct the defects in documentation and they retain the claim of plausible deniability regarding origination documents that were false, predatory, deceptive and fraudulent.
Fannie, Freddie are set to reduce mortgage balances in California
The mortgage giants sign on to Keep Your Home California, a $ 2-billion foreclosure prevention program, after state drops a requirement that lenders match taxpayer funds used for principal reductions.
By Alejandro Lazo
As California pushes to get more homeowners into a $ 2-billion foreclosure prevention program, some Fannie Mae and Freddie Mac borrowers may see their mortgages shrunk through principal reduction.
State officials are making a significant change to the Keep Your Home California program. They are dropping a requirement that banks match taxpayers funds when homeowners receive mortgage reductions through the program.
The initiative, which uses federal funds from the 2008 Wall Street bailout to help borrowers at risk of foreclosure, has faced lackluster participation and lender resistance since it was rolled out last year. By eliminating the requirement that banks provide matching funds, state officials hope to make it easier for homeowners to get principal reductions.
The participation by Fannie Mae and Freddie Mac, confirmed Monday, could provide a major boost to Keep Your Home California.
Fannie Mae and Freddie Mac own about 62% of outstanding mortgages in the Golden State, according to the state attorney general’s office. But since the program was unveiled last year, neither has elected to participate in principal reduction because of concerns about additional costs to taxpayers.
Only a small number of California homeowners — 8,500 to 9,000 — would be able to get mortgage write-downs with the current level of funds available. But given the previous opposition to these types of modifications by the two mortgage giants, housing advocates who want to make principal reduction more widespread hailed their involvement.
“Having Fannie and Freddie participate in the state Keep Your Home principal reduction program would be a really important step forward,” said Paul Leonard, California director of the Center for Responsible Lending. “Fannie and Freddie are at some level the market leaders; they represent a large share of all existing mortgages.”
The two mortgage giants were seized by the federal government in 2008 as they bordered on bankruptcy, and taxpayers have provided $ 188 billion to keep them afloat.
Edward J. DeMarco, head of the federal agency that oversees Fannie and Freddie, has argued that principal reduction would not be in the best interest of taxpayers and that other types of loan modifications are more effective.
But pressure has mounted on DeMarco to alter his position. In a recent letter to DeMarco, congressional Democrats cited Fannie Mae documents that they say showed a 2009 pilot program by Fannie would have cost only $ 1.7 million to implement but could have provided more than $ 410 million worth of benefits. They decried the scuttling of that program as ideological in nature.
Fannie and Freddie last year made it their policy to participate in state-run principal reduction programs such as Keep Your Home California as long as they or the mortgage companies that work for them don’t have to contribute funds.
Banks and other financial institutions have been reluctant to participate in widespread principal reductions. Lenders argue that such reductions aren’t worth the cost and would create a “moral hazard” by rewarding delinquent borrowers.
As part of a historic $ 25-billion mortgage settlement reached this year, the nation’s five largest banks agreed to reduce the principal on some of the loans they own.
Since then Fannie and Freddie have been a major focus of housing advocates who argue that shrinking the mortgages of underwater borrowers would boost the housing market by giving homeowners a clear incentive to keep paying off their loans. They also say that principal reduction would reduce foreclosures by lowering the monthly payments for underwater homeowners and giving them hope they would one day have more equity in their homes.
“In places that are deeply underwater, ultimately those loans where you are not reducing principal, they are going to fail anyway,” said Richard Green of USC’s Lusk Center for Real Estate. “So you are putting off the day of reckoning.”
The state will allocate the federal money, resulting in help for fewer California borrowers than the 25,135 that was originally proposed. The $ 2-billion program is run by the California Housing Finance Agency, with $ 790 million available for principal reductions.
Financial institutions will be required to make other modifications to loans such as reducing the interest rate or changing the terms of the loans.
The changes to the program will roll out in early June, officials with the California agency said. The agency will increase to $ 100,000 from $ 50,000 the amount of aid borrowers can receive.
Spokespeople for the nation’s three largest banks — Wells Fargo & Co., Bank of America Corp. and JPMorgan Chase & Co. — said they were evaluating the changes. BofA has been the only major servicer participating in the principal reduction component of the program.
Filed under: foreclosure Tagged: attorneys general, Bank of America, Bank of America Corp, BOA, BofA, borrower, California Housing Finance Agency, Edward J DeMarco, fake appraisals, Fannie MAe, foreclosure, foreclosure prevention, FORECLOSURE SETTLEMENT, foreclosures, Freddie Mac, housing market, housing prices, JP Morgan Chase & Co, Keep Your Home California, Lender Liability, LOAN MODIFICATION, Mortgage, mortgage lien, mortgage meltdown, mortgages, origination documents, predatory lending, principal reduction, reduce foreclosures, reduce mortgage balances, reduce payments, reduce principal and payments, reducing principal, Richard Green, settlement, underwater homeowners, USC Lusk Center for Real Estate, Wall Street bailout, Wells Fargo & Co 
Livinglies’s Weblog
What is a Chapter 13 Bankruptcy?
www.cmthompsonlaw.com Chandler, Arizona attorney, Christy Thompson, explains Chapter 13 bankruptcy. Call Christy for a free consultation today at 480 634 7480.
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www.Savedme.com 800-728-3363 800-SAVEDME. Bankruptcy Attorney Jamie Ryke from the Law Offices of www.FreeBankruptcyEvaluation.com talks about the Truth about Bankruptcy. You can speak to him directly.
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