Kentucky Court Throws Out MERS Lawsuit

Could Be The Shape Of Things To Come With MERS Lawsuits

Colleen Sullivan, Banker & Tradesman

A federal court in Kentucky has dismissed a suit against the Mortgage Electronic Registration System (MERS) brought by that state’s county clerks.

The court dismissed the case “with prejudice” meaning it cannot be resubmitted.

“There is nothing in the plain language of the statute that indicates that the statute was designed to be enforced by the county clerk,” the court wrote, saying that the registration system was intended to make prospective purchasers aware of potential liens against property. While a failure to do so might give such a purchaser a legitimate complaint, the court ruled, the clerks were not an injured party under the law and could not bring suit.

“The harm for which the plaintiffs seek to recover is recording fee revenue from assignments of mortgages,” the court wrote in its decision. “The purpose of the statutes cited by plaintiffs is to assure that liens are discharged when an underlying loan is paid off, to give subsequent purchasers and lenders notice of recorded liens, and to allow creditors to give notice of their secured interest in the property. The General Assembly has enacted statutory provisions allowing certain governmental agencies to collect unpaid fees and charges. However, the General Assembly did not provide a statutory mechanism for the recovery of fees for unfiled assignments by county clerks. Had the General Assembly wanted to allow county clerks to file lawsuits regarding recording fees, it certainly knew how to do so.”

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FHFA Puppetmaster Wants To Name Former BofA Insider As New Fannie Chief

Mayapoulos Was In Charge Of BofA Dept. That Committed Robo-signing

Richard Eskow, Huffington Post

The other day we appeared on Sam Seder’s program,The Majority Report, to discuss the radical-right ideology of Edward DeMarco, a Bush appointee who became Acting Director of the Federal Housing Finance Agency (FHFA) and continues in that role because Congress won’t confirm President Obama’s nominee.

As we wrote last week, DeMarco is single-handedly blocking relief for millions of struggling homeowners and is using deception to justify his actions.  He refuses to allow Fannie Mae and Freddie Mac, the two government-sponsored enterprises he now directs, to reduce principal or even interest rates.  Some underwater homeowners are paying as much as 7 percent interest, while loans are now available at 4.3 percent.

DeMarco deceived lawmakers by suggesting it would cost $100 billion to write down mortgage principal while, as we wrote last week, his own agency’s estimates show that it would probably save more than $28 billion.

It gets worse.  Even in the days since we taped this interview the DeMarco train has continued to ride the housing market off the rails.  An academic has studied DeMarco’s insistence on increasing the Fannie/Freddie financial portfolio — which he says has no bearing on his refusal to do more to help homeowners — and has concluded that “there is a very significant conflict of interest” which DeMarco and others have understated.

DeMarco’s team has invested roughly $5 billion of Freddie Mac’s $650 billion in “reverse floaters” which are essentially bets that the homeowners who aren’t being helped by DeMarco’s team will never get helped.  That conflict of interest is actually understated, said Christopher Mayer of Columbia Business School, because these “floaters” are derivatives which link back to $26 to $30 billion in mortgages.  That makes the amount of mortgage loans subject to this conflict five to six times what was originally believed.

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FL GOP To Bankers: What Is Thy Bidding My Master?

GOP Rams Foreclosure Streamlining Bill Through Key Senate Committee

Kimberly Miller, Palm Beach Post

A quickie foreclosure bill that would require a homeowner to present a sound defense or face an immediate judgment in some cases moved closer to a full legislative hearing Monday with the blessing of the Senate Judiciary Committee.

Monday’s vote marked the farthest a proposal to streamline Florida’s strained foreclosure process has advanced in the Legislature since the housing collapse, but it’s in no way a done deal, lawmakers and lobbyists say.

The 5-2 approval of Senate Bill 1890 came with hesitation from some committee members and firm opposition from homeowners and foreclosure defense attorneys. One man, who called the sponsors of the bill a “disgrace” during public comment, brought blown-up images of his own foreclosure documents that he said show evidence of fraud.

The plan, which contains some consumer protection language, such as reducing the time a bank could pursue a homeowner for unpaid mortgage debt from five years to one year, has earned support from the Real Property Probate and Trust Law section of the Florida Bar.

But the Florida Bankers Association has yet to take a position, and it is flatly opposed by the Florida Consumer Action Network.

“We cannot support this bill because it places too much of the burden of repairing the foreclosure problem on the backs of homeowners and (community) associations,” said Alice Vickers, a network attorney.

House sponsor Rep. Kathleen Passidomo, R-Naples, and Senate sponsor Jack Latvala, R-St. Petersburg, said Monday that they will work through constituent concerns this week to get matching bills. They are seeking approval in the plan’s two remaining Senate committee stops. The House version of the bill (HB 213) has one committee stop left.

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Baum’s Demise Leaves Hudson Valley Homeowners In Limbo

Cathey O’Donnell, Lohud.com

New York Foreclosures

 

New York’s largest foreclosure firm, which once handled thousands of cases in the Lower Hudson Valley, will officially close Monday, but it has left a trail of questions and frustrated property owners caught in legal limbo.

The Steven J. Baum PC law firm, based in Amherst, N.Y., originally was retained for more than 600 foreclosure cases that remain active in Westchester, Rockland and Putnam. In all, Baum’s firm has handled more than 4,000 cases in the three-county region since 1999, court records show.

But last year, the firm announced its official closing, scheduled for Feb. 20, after it came under scrutiny from state and federal agencies for “robo-signing,” or mass producing foreclosure documents without verifying whether they were accurate.

“The problems Baum’s firm left this state with are just beginning,” said Susan Chana Lask, a Manhattan attorney. “The new firms taking over his files need to take time to figure out and correct what he did.”

That means homeowners face longer delays and could owe more money in accrued interest, penalties or fines while their cases drag through an already overburdened state and federal court system.

“This is a real problem,” said Derek Tarson, an attorney with the Legal Aid Society of Rockland. “I’ve really noticed it at the foreclosure settlement conferences where I have clients who show up but there’s no representative from the bank.”

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