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HSBC – Litton Loan Servicing – MERS – Case of the Multiple Mortgage Notes

HSBC – Litton Loan Serving – MERS:  Caught with multiple notes and conflicting “original signatures” in court.

Another case of fraud on the lender’s part.

Here’s another example of how messed up the paperwork is when it comes to our mortgages.  Most mortgages were sold off as securities in the last 10 years, and servicing rights assigned to third parties, as described in the article below.  When it comes to who owns the actual debt, unwinding the system has led to inconsistencies, and the servicers, lenders, and any potential parties of interest forging signatures and making up documents.  As these come out in the court system, judges are beginning to take notice of these inconsistencies and foreclosures are being stopped in their tracks.  The case below depicts just one example of the fraud coming out into the public’s eye.

Yes, you can do something about this.  People are winning against the lenders!

A forensic loan audit does the research on who owns your note, as well as investigates if the banks have been complying with federal law as it relates to your mortgage.

The evidence is there – banks and servicers are being caught red-handed lying, creating documents, and whatever it takes to take your home.  A Class Action Lawsuit is being formed for all homeowners.   Find out more by submitting your details.  Class Action Lawsuit Video.

Daily Finance | Why Paperwork Matters: Consider This Mortgage Mess
Posted by Foreclosure Fraud on January 20, 2011

Why Paperwork Matters: Consider This Mortgage Mess

By ABIGAIL FIELD – Daily Finance

Judge Shelley C. Chapman, of the U.S. Bankruptcy Court for the Southern District of New York, has ordered HSBC and Litton Loan Servicing (a Goldman Sachs subsidiary) to send officers with some juice — and not low-level types — to her Manhattan courtroom on Feb. 10 to explain themselves. More specifically, to explain their failure to provide adequate documentation about a mortgage they claim to own and service. Judge Chapman also ordered the Texas attorney who signed the documents to show up.

At issue is the fact that HSBC (HBC) hasn’t come close to proving it owns the loan, and the documents it has submitted look funny. It also doesn’t appear to have been acting in good faith when it comes to trying to modify the loan (also known as “loss mitigation”). So, the judge wants to talk to people who actually know things and can make decisions.

How Did HSBC Get the Note?

Here’s the story:

In 2004, Miguelito and Jacqueline Garcia bought a property in New York City’s borough of the Bronx, using a mortgage from Fremont Investment & Loan. Shortly afterward, that mortgage was apparently securitized, and HSBC became the trustee for securitized trust. HSBC hired Goldman Sachs’s (GS) Litton Loan Servicing to service the trust loans.

Last summer, the Garcias declared bankruptcy, and Litton Loans told the court the Garcias owed HSBC some $3,600 in missed principal, interest and fees. (This isn’t a foreclosure case, at least not yet.) To back up its claim, Litton gave the court the note — stamped “Duplicate Original” (starting on page 3 of the linked document) — and the accompanying mortgage (starting on page 10).

But the Garcias’ lawyer, consumer bankruptcy attorney David Shaev, pointed out in a letter to Litton that the note was made out to Fremont Investment & Loan, and the mortgage was made out to MERS — the Mortgage Electronic Registration Systems — as nominee for Fremont. Litton didn’t give the court any evidence that either document was transferred to the trust HSBC represented. In the first place, Fremont hadn’t endorsed the note to anyone, and second, HSBC hadn’t submitted an assignment of the mortgage to anyone.

Two Different Notes

Shaev didn’t get a meaningful reply from Litton, so he formally objected to HSBC’s claim. When Litton replied, it submitted a new note that was endorsed. But Litton’s filing didn’t address the fact that the first note it submitted wasn’t endorsed, while it now it offered one that was. Nor did Litton mention several other oddities, such as the initialing by the borrowers on the new note is in a different order and position on each of the first two pages. Even the signatures on page 3 of the note look different — for example, look at the “J,” “a” and “q” in Jacqueline.

See full article from DailyFinance: http://srph.it/fYURAC

Top Lawsuits Against Major Home Lenders

Sue your lender

Below is a list of the top federal litigations from 2007-2010.

As you can see banks and financial institutes are popular target for lawsuits.

Don’t be affraid to take action against you lender.  Most loans from 2000 on have major violations in them.

First Step could be a Forensic Loan Audit.  Discover the details of your lender compliance with federal laws.

or you can go straight to a class action lawsuit.



Party 2010 2009 2008 2007
Ally Financial/GMAC 768 826 430 236
Apple Computer 7 13 14 12
Bank of America 3,285 2,569 1,196 775
Bridgestone 134 1,188 697 172
British Petroleum 52 5 14 6
Citigroup 447 607 682 346
Ford Motor 470 1,562 2,571 780
General Electric 9,359 12,356 20,498 3,887
General Motors 299 1,817 2,524 2,331
Goldman Sachs 180 115 105 79
Goodyear 4,989 14,393 13,330 2,661
JPMorgan 1,150 1,149 471 275
Morgan Stanley 261 405 273 236
Toyota Motor 1,873 154 185 158
US Bancorp 59 74 19 25
Wal-Mart 1,672 1,765 1,452 1,538
Wells Fargo 3,092 2,428 1,413 969

California Foreclosures – 2010 into 2011

California is one of 5 states which half of the country’s foreclosure activity tooke place in 2010.  These five foreclosure states are: California, Florida, Arizona, Illinois and Michigan. One in 45 households received a foreclosure notice last year.   All together almost 1.5 million households receiving a foreclosure notice and more is expected in 2011 with the Pay Option Arm Mortgage Resets to occur.

Pay Option Arm Mortgage Resets will be a big problem for homeowners in 2011, since many loans will re-cast and mortgage payments will jump, making many of the ARM Mortgages unaffordable.  California was a leading state for the Pay Option Arm Mortgages – Mortage Reset Central. 

With the origination of the Option arm mortgages lender fraud was rampant.  Most of these loan have serious violations in them, including RESPA and TILA violations that homeowners can use to their advantage when dealing with the lenders and servicers.  With a forensic loan audit, the homeowner may use this to negotiate with the bank, or use as evidence in a class action lawsuit against the lender.  Our clients find the forensic loan audit a great investment to fight back against the foreclosure.

Banks repossess 1 million U.S. homes in 2010
By Associated Press
Banks repossessed more than 1 million homes in 2010, marked the highest annual tally of properties lost to foreclosure on records dating back to 2005, RealtyTrac said.  And this year is expected to be even bleaker. “2011 is going to be the peak,” said Rick Sharga, a senior vice president at foreclosure tracker RealtyTrac Inc. Lenders are poised to take back more homes this year than any other since the U.S. housing meltdown began in 2006. About 5 million borrowers are at least two months behind on their mortgages and more will miss payments as they struggle with job losses and loans worth more than their home’s value, industry analysts forecast. For December, 257,747 U.S. homes received at least one foreclosure-related notice. That was the lowest monthly total in 30 months. The number of notices fell 1.8 percent from November and 26.3 percent from December 2009, RealtyTrac said.

For 2010, one in 45 U.S. households received a foreclosure filing last year, or a record high of 2.9 million homes. That’s up 1.67 percent from 2009. The pace slowed in the final two months of 2010 as banks reviewed their foreclosure processes after allegations surfaced in September that evictions were handled improperly. Under increased scrutiny by the government, lenders temporarily halted taking actions against borrowers severely behind on their payments. However, most banks have since resumed their eviction processes, and the first quarter will likely show a rebound in foreclosure activity, Sharga said.

Foreclosures are expected to remain elevated through the year as homeowners contend with stubbornly high unemployment, tougher credit standards for refinancing and falling home values. Sharga said he expects prices to dip another 5 percent nationally before finally bottoming out. The decline will push more borrowers underwater on their mortgages. Already, about one in five homeowners with a mortgage owe more than their home is worth.

The pain likely will be the most acute in states that have already been hit hard. That includes former housing boom states Nevada, Arizona, Florida and California, along with states that are suffering most from the economic downturn, including Michigan and Illinois.

Nevada posted the highest foreclosure rate in 2010 for the fourth straight year, despite a 5 percent decline in activity from the year before. One in every 11 households received a foreclosure filing last year in the state. In December, foreclosure activity increased 18 percent from November with a 71 percent spike in bank repossessions. Arizona and California also showed sharp December increases in the number of homes banks took back, at 52 percent and 47 percent, respectively. Arizona, along with Florida, finished the year at No. 2 and No. 3 for the highest foreclosure rates. One in every 17 Arizona households got a foreclosure filing last year, while one in 18 received a notice in Florida. California, Utah, Georgia, Michigan, Idaho, Illinois and Colorado rounded out the top ten states with the highest foreclosure rates. More than half of the country’s foreclosure activity came out of five states in 2010: California, Florida, Arizona, Illinois and Michigan. Together, these states recorded almost 1.5 million households receiving a filing, despite year-over-year decreases in California, Florida and Arizona.

RealtyTrac tracks notices for defaults, scheduled home auctions and home repossessions — warnings that can lead up to a home eventually being lost to foreclosure.

New California Laws Impacting Real Estate

Senate Bill 931. No Short Sale Deficiencies – A seller’s first trust deed lender cannot obtain a deficiency judgment against the seller after a short sale. Providing written consent to a short sale shall obligate the first trust deed lender to accept the sales proceeds as full payment and discharge of the remaining amount owed on the loan. This applies to first trust deeds secured by one-to-four residential units, but it does not limit the lender from seeking damages for fraud or waste by the borrower.

Assembly Bill 1809 and California Civil Code section 2079.10. Energy Audit in Home Inspection Report – A home inspection and inspection report may, upon a client’s request, include an audit of the energy efficiency of a home, according to the standards of the Home Energy Rating Systems (HERS). REALTORs® are encouraged to provide new HERS booklet to residential buyers, and delivery of this booklet will be adequate to inform the buyer about statewide HERS program.

Assembly Bill 1684. Restriction on Adverse Possession Claim – A claim for adverse possession requires, among other things, certified records of the county tax collector showing that all state, county, or municipal taxes have been timely paid for the five-year period the property has been occupied and claimed. Existing law merely requires proof that taxes have been paid for the five-year period, not certified proof of timely payments.

Senate Bill 1137. Enforcement of Mortgage Loan Originator Requirements – Anyone acting as a mortgage loan originator (MLO) without an MLO license endorsement will be guilty of a crime punishable by six months imprisonment plus a $20,000 fine. And a broker cannot employ or compensate a real estate licensee for MLO activities unless that licensee has a license endorsement. This law has also given the Department of Real Estate (DRE) the authority to deny or revoke a MLO license endorsement or take other action. This amends the MLO requirements for finance lenders and residential mortgage lenders under the Department of Corporation.

Senate Bill 1149. Post-Foreclosure Protection for Tenants – A notice to terminate a residential tenant who remains after a foreclosure sale must generally include a statutory notice of the tenant’s rights. This requirement applies to an immediate successor-in-interest for one year after a foreclosure sale. The tenant’s rights must be on a separate cover sheet or, for a 90-day termination, incorporated into the notice to terminate. Another provision of this bill protects a residential tenant’s credit by generally prohibiting the court clerk from revealing unlawful detainer court records unless the plaintiff prevails at trial.

Senate Bill 782. Tenant Protection for Domestic Violence Victims – A residential landlord cannot terminate or fail to renew a tenancy based on domestic violence against the tenant or tenant’s household members as specified. This law applies if the person restrained from contact with the tenant by court order or named in a police report is not also a tenant of the same dwelling unit. If the protected tenant subsequently allows the person restrained to visit the property, or the landlord reasonably believes the person restrained poses a physical threat to others or to quiet possession by other tenants, the landlord may serve a three-day notice to correct or quit.

Assembly Bill 2325. Expanding the foreclosure consultant law to include someone who performs a forensic audit of a residential mortgage loan.

Assembly Bill 1373. Requiring any mailed solicitation that offers to provide a copy of an owner’s grant deed or other title records for a fee to include a prominent statutory disclosure that the copy service is not associated with any governmental agency and that the homeowner can obtain such records from the county recorder.

Assembly Bill 1800. Increasing the criminal punishment for renting out a residential dwelling without the owner’s consent from six months imprisonment plus a $1,000 fine, to one year imprisonment, plus a $2,500 fine.

To view the official text and other new laws, please go to www.leginfo.ca.gov.

Southern California Home Sales Down – Prices Remain Steady

Southern California home sales are down, but San Diego real estate prices remain steady. San Diego Real Estate

Low San Diego real estate sales are attributable to the weak economy, tigher lending standards, lender loan fraud fears, and the ongoing foreclosures.  Foreclosure resales – homes that were foreclosed upon in the past year accounted for 35.1 percent of the resale market in November.  Fears of homeowners sueing their lender for faulty foreclosure process or an illegal foreclosure (servicer foreclosing not the actual lender) has kept resales of foreclosed homes slow. 

But homeowners still need to sell, due to job relocation, change in economic condition, or if they are too underwater (requiring a short sale).  Homes are still selling.  With the right agent and the right price, the home can be sold very quickly.  Get started today.  San Diego real estate market is surviving.

DQNew: Southland Home Sales Dip; Prices Change Little
December 15, 2010

La Jolla, CA—Southern California home sales fell in November to the second-lowest level for that month in 18 years, reflecting the weak economic recovery, a dormant new-home market and tight credit conditions. The median price paid for a home rose above a year earlier for the 12th consecutive month, though November’s gain was the tiniest yet, a real estate information service reported.

A total of 16,208 new and resale houses and condos sold in Los Angeles, Riverside, San Diego, Ventura, San Bernardino and Orange counties last month. That was down 3.2 percent from 16,744 sales in October, and down 15.5 percent from 19,181 in November 2009, according to MDA DataQuick of San Diego.

A drop in sales from October to November is normal for the season, with the decline averaging 8.1 percent since 1988, when DataQuick’s statistics begin. November’s sales were the lowest for that month since 2007, when 13,173 sold, and the second-lowest since 1992, when 15,446 sold. Last month’s sales fell 26.5 percent below the average November sales tally of 22,047.

In the new-home market, sales were the slowest for a November since at least 1988. In many growth areas the math for builders just doesn’t work: The cost to construct is higher than what buyers can afford or are willing to pay. Often builders can’t compete with the pricing of nearby resale homes, especially foreclosures and short sales.

“The great waiting game of 2010 continues. This is the year when the economy sputtered and a lot of potential home buyers opted to sit tight, especially once the government incentives dried up. Fundamentally home sales remain weak because the job market has been slow to mend and credit policies remain unusually tight,” said John Walsh, MDA DataQuick president. “But with sales this low, for this long, you know there are a lot of people just waiting to jump into the market once they feel the time is right. For many the key signal will be a greater sense of job security. For others the cue could be evidence that home prices have bottomed for good, or that ultra-low mortgage rates are slipping away,” he said. The median price paid for a Southland home was $287,000 in November. That was up 1.4 percent from $283,000 in October, and up 0.7 percent from $285,000 in November 2009. The 0.7 percent annual gain was the lowest since the median began rising year-over-year each month since last December.

The median’s low point for the current real estate cycle was $247,000 in April 2009, while the high point was $505,000 in mid 2007. The peak-to-trough drop was due to a decline in home values as well as a shift in sales toward low-cost homes, especially inland foreclosures. Foreclosure resales – homes foreclosed on in the past year – accounted for 35.1 percent of the resale market last month, up from 34.7 percent in October but down from 39.0 percent a year ago. Foreclosure resales hit a low this year of 32.8 percent in June and, with the exception of a dip in September, have trended slightly higher ever since. The peak was in February 2009 at 56.7 percent, DataQuick reported.

Government-insured FHA loans, a popular low-down-payment choice among first-time buyers, accounted for 36.2 percent of all mortgages used to purchase homes in November, up from 35.8 percent in October but down slightly from 36.5 percent in November 2009. Two years ago FHA loans made up 34.3 percent of the purchase loan market, while three years ago it was just 2.6 percent.

Last month 20.7 percent of all sales were for $500,000 or more, about even with 20.8 percent in October and up from 19.8 percent a year earlier. The low point for $500,000-plus sales was in February last year, when 13.6 percent of sales crossed that threshold. Over the past decade, a monthly average of 26.8 percent of homes sold for $500,000 or more. Viewed differently, Southland zip codes in the top one-third of the housing market, based on historical prices, accounted for 35.6 percent of total sales last month. That was up from 34.7 percent in October and 34.1 percent a year ago. Over the last decade, however, those higher-end areas contributed a monthly average of 37.2 percent of regional sales. Their contribution to overall sales hit a low of 26.2 percent in January 2009.

High-end sales still suffer from tight credit policies. Adjustable-rate mortgages (ARMs) and so-called jumbo home loans have been relatively difficult to get ever since the credit crunch hit more than three years ago. Last month ARMs represented 5.6 percent of Southland purchase loans, up from 5.4 percent in October and 4.3 percent a year ago. However, over the past decade, a monthly average of 38.2 percent of purchase loans were ARMs. Jumbo loans, mortgages above the old conforming limit of $417,000, accounted for 17.8 percent of last month’s purchase lending, the same as in October and up from 15.1 percent a year earlier. But back in 2007, in the months leading up to the credit crisis that began in August that year, jumbos accounted for 40 percent of the market.

Absentee buyers – mostly investors and some second-home purchasers – bought 23.1 percent of the homes sold in November, paying a median $204,000. Over the last decade, absentee buyers purchased a monthly average of 16.0 percent of all homes, while the peak level was 23.2 percent this February. Buyers who appeared to have paid all cash – meaning there was no indication that a corresponding purchase loan was recorded – accounted for 28.0 percent of November sales, paying a median $205,000. In February this year, cash sales peaked at 30.1 percent. The 22-year monthly average for Southland homes purchased with cash is 14.3 percent.

The “flipping” of homes has generally trended higher over the past year. Last month the percentage of Southland homes bought and re-sold within a six-month period was 3.6 percent, down from 3.7 percent in October but up from 3.0 percent a year earlier. Last month’s flipping rates varied from as little as 3.4 percent in Orange and Ventura counties to as much as 4.2 percent in San Bernardino County.  MDA DataQuick, a subsidiary of Vancouver-based MacDonald Dettwiler and Associates, monitors real estate activity nationwide and provides information to consumers, educational institutions, public agencies, lending institutions, title companies and industry analysts.  The typical monthly mortgage payment that Southland buyers committed themselves to paying was $1,136 last month, up from $1,111 in October but down from $1,207 in November 2009. Adjusted for inflation, current payments are 49.3 percent below typical payments in the spring of 1989, the peak of the prior real estate cycle. They are 58.5 percent below the current cycle’s peak in July 2007.

Indicators of market distress continue to move in different directions. Foreclosure activity remains high by historical standards but is lower than peak levels reached over the last two years. Financing with multiple mortgages is very low, and down payment sizes are stable, MDA DataQuick reported.  To get away from it all – go cross country skiing.