"Produce the Note"

Obtained from: http://www.operationrest.org/ProducetheNote

"Produce the Note" Strategy for Judicial and Non-Judicial States (Technique Used to Stall Foreclosures) For additional help, please fill in the form below. Content provided from www.consumerwarningnetwork.comand law firm of James, Hoyer, Newcomer, Smiljanich & Yanchunis, P.A. www.jameshoyer.com                                            Many foreclosures are happening illegally.  Institutions are attempting to foreclose without the legal right to do so. Situation:Borrowers need to make sure that the institution attempting to foreclose is, in fact, the owner of the note.  Borrowers should request the institution to "Produce the Note", meaning that they have to show they are the legal owner of the promissory note the Borrower signed at closing, promising to pay the debt.  There is only one original note on the Borrower's mortgage that has the Borrower's signature and this is the document that proves the Borrower owes the debt. The Borrower's goal is to make certain the institution attempting to foreclose actual owns the note. Without a challenge to the lender, the court will simply allow the foreclosure to proceed.  Now, lenders (who are now servicing -- collecting money -- on the loans they made) are moving to foreclose on homeowners, and they actually do not have the proper paperwork to prove they have a right to foreclose.

JPMorgan CEO says foreclosure deal threatened
Reuters
4:56 AM PST, January 26, 2012

(Reuters) - JPMorgan Chase & Co Chief Executive Jamie Dimon said President Barack Obama's decision to expand investigations into home lending and sales of mortgage securities could stop settlement talks with the states over foreclosure practices.

"It has a pretty good chance of derailing it," Dimon said in a televised interview with CNBC from Davos, Switzerland on Thursday.

Obama, in his State of the Union address Tuesday, said he has asked his attorney general to create a special unit of prosecutors to expand investigations into home lending and packaging of mortgage-backed securities. It is not clear how the new unit will be different from earlier investigations.

JPMorgan is the largest U.S. bank and one of the larger servicers of mortgage loans. JPMorgan, Bank of America , Wells Fargo & Co , Citigroup and Ally Financial Inc have been in talks with state attorneys general for months about settling allegations of foreclosure abuses.

The banks and states have been discussing a plan that would have the banks pay $25 billion to homeowners through reductions in principal on mortgage loans.

"I think it would be better for America if that settlement took place," Dimon said. "If this thing derails that, so be it."

(Reporting by David Henry; editing by John Wallace)


Source: http://www.ivpressonline.com/business/sns-rt-us-jpmorgan-foreclosuretre80p0uc-20120126,0,1893647.story

Como localizar el "Trust" de su mortgage en el sitio de la SEC

How to locate the SEC (Securities & Exchange Commission) documents of your mortgage Trust.

Ver documento aquí.

En el 2011 GreenPoint Mortgage fué demandado por discriminación contra hispanos y afroamericanos

Llame hoy y di toda la información de la casa de mis padres. Dijeron que en una semana me llama un consejero para darme información adicional. También dijeron que envian un paquete por correo. Me pidieron el nombre de mis padres y la dirección de la propiedad, cuantos meses de atraso en los pagos, si estaban en proceso de ejecución hipotecaria, si sabía el nombre del banco y si ya los había contactado, si ya se había hecho una modificación y creo que nada mas.

http://greenpointlendingsettlement.com/

PB Post: Termina el Programa de Mediación para Ejecuciones Hipotecarias de Florida

Admitting failure, Florida Supreme Court ends foreclosure mediation program

By JEFF OSTROWSKI

Palm Beach Post Staff Writer

Posted: 5:40 p.m. Monday, Dec. 19, 2011

Florida's foreclosure crisis lives on, but a statewide mediation program for troubled borrowers is dead.

Florida Supreme Court Chief Justice Charles T. Canady issued an order Monday ending the effort to encourage lenders and borrowers to avoid foreclosure.

The program was a flop. Only 3.6 percent of cases referred to mediation statewide yielded a written agreement between the lender and homeowner. In Palm Beach County, which began its program in July 2010, a mere 1.6 percent of the 4,632 cases sent to mediation resulted in a written agreement.

Often, lenders couldn't even reach borrowers to propose mediation. Of 78,076 cases referred to mediation statewide, lenders managed to get in touch with just 42 percent of borrowers.

"The court has reviewed the reports on the program and determined it cannot justify continuation of the program," Canady wrote.

Lenders and borrowers can continue to haggle over loans already in the mediation program, but it will take on no new cases, he said.

Lenders blamed economic reality for the program's failure. Home prices have plummeted and jobless rates have soared since the real estate bubble burst, creating financial obstacles that were just too great for many to overcome, said Anthony DiMarco, executive vice president of government affairs at the Florida Bankers Association.

Gov. Scott's plan to speed foreclosure process draws mixed reactions

By TOM KNOX, Business Writer

Local foreclosure activity at a glance:

Number of properties in some stage of foreclosure:

Florida :

August*: 23,569

July: 22,377

August 2010: 56,877

Volusia County:

August: 486

July: 626

August 2010: 1,734

Flagler County:

August: 142

July: 89

August 2010: 193

*Most recent data available

SOURCE: RealtyTrac

DAYTONA BEACH -- Gov. Rick Scott wants to improve the state's housing market by removing the courts from the foreclosure process, a move supporters say will help prevent long delays.

Critics say removing the courts from the process would give too much power to lenders and removes protection needed by homeowners. Plus, courts would lose more than half of their funding received from foreclosure fees.

Scott and Republican leaders in the House and Senate have expressed interest in changing the process this year, although specifics have yet to be determined.

State lawmakers last year did not pass a bill to change the process.

"Right now it takes more than 600 days to get through a foreclosure," said Lane Wright, Scott's press secretary, in an email. "That's just too long. When foreclosures take that long, fewer people want to lend money to homebuyers and the market can't recover."

The Florida Foreclosure Rescue Fraud Prevention Act

The Law

Beginning in 2010, any individual or company that provides loan modification services must have an active license from the Florida Office of Financial Regulation. This new provision further enhances the Foreclosure Rescue Fraud Prevention Act, which prohibits individuals and businesses from collecting up-front fees for loan modification services related to foreclosures.

In 2008, the Legislature enacted the original Foreclosure Rescue Fraud Prevention Act to specifically address foreclosure rescue businesses and their potentially abusive practices. The Foreclosure Rescue Fraud Prevention Act prohibits businesses or individuals from collecting up-front fees from the homeowner prior to completing all services contained in the contract. This includes foreclosure rescue services or loan modification services related to foreclosures.

PB Post: Corte Suprema de Florida revisa programa de Mediación para ejecuciones hipotecarias

Florida Supreme Court reconsidering foreclosure mediation program

By KIMBERLY MILLER

Palm Beach Post Staff Writer

Updated: 6:13 p.m. Monday, Sept. 26, 2011

Posted: 6:11 p.m. Monday, Sept. 26, 2011

The Florida Supreme Court ordered a review Monday of its landmark foreclosure mediation program which has shown limited success in finding alternatives for struggling homeowners.

The mandatory program for all homesteaded properties was ordered by the court in Dec. 2009 in an effort to reduce judicial caseloads and help borrowers avoid foreclosure with options that can include a loan modification, deed-in-lieu of foreclosure or a short sale.

La ACLU reclama reforma inmediata a las cortes que procesan ejecuciones hipotecarias "rapidas"

ACLU Calls for Immediate Reform of High-Speed Florida Foreclosure Courts

June 27, 2011

State Appellate Court Denies ACLU Request for Lee County Resident’s Foreclosure Case to be Heard by General Civil Division

FOR IMMEDIATE RELEASE
CONTACT: (212) 549-2666; media@aclu.org
CAPE CORAL, Fla. – The American Civil Liberties Union today called on trial courts across the state of Florida to reform their systems for deciding foreclosure cases after a state appellate court denied an ACLU request to have the foreclosure case of a Lee County resident re-assigned from a special “mass foreclosure docket” that threatened to violate her due process rights under the U.S. and Florida constitutions.

Corte de apelaciones de la Florida ordena responder a demanda de la ACLU

ACLU: Florida Appellate Court Orders Lee County Officials To Respond To Lawsuit

April 19, 2011

Lawsuit Charges That “Mass Foreclosure Docket” Ignores Procedural Safeguards In Rush To Clear Cases

FOR IMMEDIATE RELEASE
CONTACT: (212) 549-2666; media@aclu.org
LAKELAND, FL – Florida’s Second District Court of Appeal today ordered the state’s 20th Judicial Circuit to respond within 20 days to claims in an American Civil Liberties Union lawsuit that a special foreclosure court system systematically denies homeowners a fair chance at defending their homes against foreclosure.

Federal Trade Commission
Facts for Consumers


High-Rate, High-Fee Loans (HOEPA/Section 32 Mortgages)

If you’re refinancing your mortgage or applying for a home equity installment loan, you should know about the Home Ownership and Equity Protection Act of 1994 (HOEPA). The law addresses certain deceptive and unfair practices in home equity lending. It amends the Truth in Lending Act (TILA) and establishes requirements for certain loans with high rates and/or high fees. The rules for these loans are contained in Section 32 of Regulation Z, which implements the TILA, so the loans also are called “Section 32 Mortgages.” Here’s what loans are covered, the law’s disclosure requirements, prohibited features, and actions you can take against a lender who is violating the law.

What Loans Are Covered?

Families Exchange Homes to Stop Foreclosure

SAN JOSE, Calif., Dec. 14, 2010 /PRNewswire/ -- Home Lease Exchange, LLC, through ForceYourLenderToModify.com, is launching a unique free service today that will aid hundreds of thousands of families, who are in jeopardy of losing their homes, by forcing lenders to decide between becoming landlords or modifying mortgages.

Dúo de WPB crea firma de datos sobre ejecuciones hipotecarias

West Palm Beach duo builds foreclosure data-filtering firm

10/27/2010 © The Palm Beach Post

WEST PALM BEACH — They say they’re just two guys with laptops and a water cooler.
But the electronic system of collecting and organizing judicial records that Jay Hollenkamp, 28, and Michael Olenick, 44, have created streams data gold to court-hungry customers.
Their West Palm Beach-based company, Legalprise Inc., snatches information from state foreclosure court records and filters it into searchable spreadsheets. For example, they can tally how many times a law firm has requested a summary judgment in a foreclosure case, or how often attorneys file paperwork saying a home’s note is lost.

La ACLU investiga records publicos para determinar la constitucionalidad de las ejecuciones hipotecarias en Florida

ACLU Seeks Public Records To Determine Constitutionality Of Foreclosure Proceedings In Florida

October 19, 2010

Lack Of Due Process Protections Would Disproportionately Impact Homeowners Of Color

FOR IMMEDIATE RELEASE
CONTACT: (212) 549-2666; media@aclu.org 

NEW YORK – The American Civil Liberties Union and the ACLU of Florida today filed public records requests with judicial officials in Florida to determine whether homeowners are having their constitutional rights violated during foreclosure proceedings and being unlawfully removed from their homes.

In Florida, where almost half a million foreclosure cases are pending, the state legislature recently spent over $9 million to create special foreclosure courts, staffed by retired judges, with the intent of speeding through the state's backlog of such cases. But recent media reports in Florida and around the country, which reveal rampant error and fraud in the foreclosure process, have shown that courts should take particular care with foreclosure cases. Instead, in the rush to push foreclosure cases through the courts, Florida may be taking shortcuts and, in the process, forsaking constitutionally-required due process protections.

Nuevo programa de mediación en ejecuciones hipotecarias deberá mejorar negociaciones

New foreclosure mediation program to improve communication

10/16/2010 © Polk County Democrat

By MARY CANNADAY

With Florida having the highest inventory of foreclosed homes in the nation, The Florida Supreme Court assembled a committee of 15 people in 2009 to come up with possible solutions. Poor communication between buyers and lenders hinders the foreclosure process and for borrowers, lack of information is common. The Task Force on Residential Mortgage Foreclosure Cases concluded that early case management and mediation would save time and in some cases avoid foreclosure.

The court then ruled that home lenders must spell out the foreclosure process to borrowers and must give them the opportunity to meet with a mediator, lender representative and other key officials to try to hammer out a new agreement. The goal is to reduce the stockpile of empty, foreclosed homes; to help motivated borrowers keep their property and to loosen the stranglehold on Florida’s courts.


The new law kicked in on July 1 requiring that mediation be offered in all foreclosure cases. Cases pending before that date can mediate also, but must apply. The lender pays for the service.
Local mediation programs are supervised by the Collins Center for Public Policy in Tallahassee. The Central Florida Mediation Group LLC, on U.S. Highway 98 South, coordinates the operation for the 10th Judicial Circuit, comprising Polk, Highlands and Hardee counties.

Cuales son tus derechos cuando la deuda es vendida o tranferida

Esta información fue obtenida del sitio en internet de la Federal Trade Commission (FTC) y esta relacionada a los derechos del propietario en relación a la venta o transferencia del servidor de la deuda hipotecaria y de la Nota o préstamo hipotecario:

. . . .

Transfer of Loan Ownership

The ownership and servicing rights of your loan may be handled by one company or two. If ownership of your loan is transferred, the new owner must give you a notice that includes:

• the name, address and telephone number of the new owner of the loan
• the date the new owner takes possession of the loan
• the person who is authorized to receive legal notices and can resolve issues about loan payments
• where the transfer of ownership is recorded.

The new owner must give you this notice within 30 days of taking possession of the loan. It is in addition to any notices you may get about the transfer of the servicing rights for your loan.

Inquiries and Disputes

Under federal law, your mortgage servicer must respond promptly to written inquiries, known as “qualified written requests” (see Sample Complaint Letter). If you believe you’ve been charged a penalty, late fee or some other fee by mistake, or if you have other problems with the servicing of your loan, write to your servicer. Include your account number and explain why you believe your account is incorrect. Send your correspondence to the address the servicer specifies for qualified written requests.

Source:

http://www.ftc.gov/bcp/edu/pubs/consumer/homes/rea10.shtm

Finding Pooling and Servicing Agreements is Key to Killing Your Foreclosure Case!

May 28th, 2010 | Author: Matthew D. Weidner, Esq.

If you’re being sued by any entity acting as a trustee, i.e. “US BANK as trustee for the HP Series 2006-c Certificate Holders”, you need to be aware of a variety of issues that may be helpful in your case. I will start another series of video blog posts on the “Capacity Argument”, because this argument works in nearly every case, but it is particularly appropriate in cases where Plaintiff is an exotic, alphabet soup Foreclosure Frankenstein.

Individual mortgages originated by lenders like New Century and Argent were pooled into groups of approximately 8,000 mortgages from around the country to form a Mortgage Trust which held mortgages which had (on paper at least) cumulative values of between 10-12 million dollars. These mortgages that were grouped together and given a name like “HSI ASSETT SECURITIZATION CORPORATION TRUST 2006-OPT2″. Interests in these mortgage trusts were then sold to teachers unions, investment funds and other institutional sources around the world. Before selling the interests in these trusts, the institutional investors were required to prepare the contract that would govern the rights between the depositor of the mortgages, trustee of the new trust and the company that would be responsible for collecting payments from homeowners and sending those payments out to those who had invested in the trust. This contract is called the Pooling and Servicing Agreement. The important thing about the Pooling and Servicing Agreement is you will find in virtually every case that all of the parties who are involved violate nearly every provision of their own Pooling and Servicing Agreement. This has important consequences that we will talk more about later, but the Securities and Exchange Commission rules requires these trusts to provide important other reporting information that was widely ignored or worse, falsified by the entities in control of these trusts. Finding such information can be a key to defending your case.

Florida crea el "Task Force on Residential Mortgage Cases"

La corte suprema de la Florida presentó hoy una orden administrativa en la cual informa sobre la creación de Task Force on Residential Mortgage Foreclosure Cases.

La orden puede ser vista en este link.

FTC: Cómo Proceder si su Prestador Hipotecario Cesa sus Operaciones o se Declara en Bancarrota

Información de la FTC para Consumidores

Cuando una compañía de préstamos hipotecarios deja de operar o cuando se declara en bancarrota, es muy probable que sus clientes se pregunten cuál será el impacto en sus propios préstamos. La Comisión Federal de Comercio, (Federal Trade Commission, FTC) dice que en estos casos los consumidores deben continuar pagando las cuotas de sus hipotecas como siempre. La agencia nacional de protección del consumidor tiene varias recomendaciones aplicables a diversas situaciones para ejemplificar qué es lo que deben saber los consumidores en el mercado hipotecario actual:

Si su prestador se declara en bancarrota después de haberle otorgado el préstamo: Con frecuencia, tanto los préstamos como los derechos de administrarlos se compran y se venden. Un administrador de hipotecas se encarga de cobrar los pagos mensuales de su hipoteca, acredita los pagos a su cuenta y, en caso de que usted haya establecido una cuenta escrow o de plica, también se ocupa de administrarla. Si su hipoteca está administrada por una compañía que no está relacionada con su prestador original — y la entidad de préstamo original que le otorgó el préstamo deja de operar — continúe pagándole sus cuotas al administrador de su hipoteca en las fechas establecidas.

Si el administrador de su hipoteca se declara en bancarrota o deja de operar: Es muy probable que un administrador de hipotecas que se declare en bancarrota le venda sus activos y transfiera la administración de su préstamo a otra institución financiera bajo la supervisión de una corte de quiebras. También es probable que un administrador de hipotecas que simplemente cierre y cese sus operaciones, le transfiera la administración de su préstamo a otra compañía.