Predatory Lending/The Worst "Personal" Injury

Bruce Bierhans
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Posted by Bruce BierhansApril 06, 2008 3:19 PM
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What's worse than losing your home? Not much. Unfortunately, we are seeing many people in our office confronting this nightmare scenario.

You've all seen the statistics. Foreclosures at record levels; mortgage companies going under; trillions sucked out of the international economy. Doesn't make the homeowner confronting foreclosure feel any better, does it?

 

Our office has been involved in litigation which has successfully kept people in their homes where they were the victims ot unscrupulous brokers or lenders. It's not always easy and we must be able to show that there has been fraud in the transaction or a violation of state or federal law. So far, we have been able to obtain injunctive relief where fraud has been found, and have also counseled many people in working with their lenders to do "short sales" or "short refinances". In these scenarios, lenders will accept less that the full amount of principal to allow a sale or refinance to occur.

What has occured in the subprime catastrophe as the result of greed and deceptive behavior should not be altogether surprising. There is always someone waiting around the next corner trying to scam the public. This scam was on a massive scale with international consequences. However, we stand prepared to help people that are having their American Dream taken away from them. 

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Barbara Ann Jackson
Posted by Barbara Ann Jackson
April 07, 2008 11:47 PM

re: Debt Collection Foreclosure Fraud

REAL “Foreclosure Fraud” happens when DEBT COLLECTOR ATTORNEYS intentionally file foreclosure cases naming defunct mortgage companies, companies having no ownership of promissory notes; or the collectors charge unfair FEES which are far beyond the "Acceleration Clause," impairing borrowers’ ability to repay arrears! If homeowners sue for "Unfair Debt Collection Practices," collectors make more $$ through protracted litigations. Additionally, some collectors file in Bankruptcy Court falsified motions to "Lift Stay" pleadings for purposes of accomplishing SIMULATED AUCTIONS of seized properties. [PROOF> More ... ]

Despite the many probes into factors of the mortgage crisis, there has been almost no investigation of the most lethal mortgage mess component: DEBT COLLECTION ABUSE and JUDICIAL COLLUSION. The Feds need to seek the whereabouts of perhaps billions of dollars and massive amounts of real estate that winds up in the collector attorneys' possession -as well as examine the scores of attorney bankruptcy court frauds!

Real estate foreclosures are bonanzas of predatory and deceptive lending because these kinds of foreclosures enable PROPERTY FLIPPING, and enables Investors to be misled concerning housing market profits. FRAUDULENT FORECLOSURE causes SCORES OF PEOPLE TO LOSE OWNERSHIP OF THEIR PROPERTIES UNLAWFULLY. Even worse, some homeowners are being sued under "DEFICIENCY" judgments although the foreclosure itself is null.

WELLS FARGO and FREDDIE MAC greatly benefit from fraudulent foreclosures in States like Louisiana. For such reason, their Billion $$$ dollar losses associated with defaults on mortgages should be weighed against all the incredible needless that law firms earn from outmaneuvering -and even persecuting people who file court proceedings in opposition to FRAUDULENT foreclosures and repossessions.

Also, as an added measure to heighten judicial favor, collector attorneys propagate that defaulted property owners are costing their clients a lot of money, while the true culprit is collectors' fraud and racketeering. Exploiting distressed property owners for purposes of making money from their predicaments and then lying on them to the courts has to be the cruelest exploitation and maligning against people faced with becoming homeless!

EXAMPLE: For a purported debt of $86,000.00, through use of a non-existent mortgage company, attorneys racked up more than a QUARTER OF A MILLION DOLLARS in litigation fees. Later, that property was sold to a 3rd party for $37,000.00. Investors got nothing, nothing practical was accomplished by evicting the homeowners, and neighborhood property values declined.

In Louisiana, Freddie Mac real estate fraud is truly bad! In fact, several years ago, former Rep. Richard Baker, R-La., said that Freddie Mac's activities was like "entering ENRON territory" and there was reason to "be gravely concerned." See:
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Here's a few more links:

-Mortgage Mess, Foreclosure Fraud and Impediments to Justice
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-COMMENTS: Foreclosure on Louisiana Judge Reginald Badeaux home; U.S. Attorney Jim Letten; FREDDIE MAC, WELLS FARGO Frauds; Collusion; etc.
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-FREDDIE MAC -Peremptory, Declinatory Exceptions; Incorporated Memorandum
More ...

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