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Civil Remedies Residential Real Estate Criminal Law

Read Civil Remedies updates, alerts, news, and legal analysis from leading lawyers and law firms:

Sixth Circuit Files Win for Bankruptcy Debtors Harassed During Automatic Stay

by Butler Snow LLP on

Creditors of bankruptcy debtors beware: a recent opinion from the Sixth Circuit Court of Appeals makes clear that creditors cannot circumvent the ban on collection efforts following the petition for bankruptcy by trying to...more

Shadow Regulation: A Call For Judicial Oversight To DPA’s Or NPA’s

by Burr & Forman on

On August 21, 2014, the United States Department of Justice announced a record 16.65 billion dollar agreement to resolve civil claims alleged against Bank of America for improperly concealing the risks of mortgage-related...more

Ninth Circuit Holds That Loan Purchasers Are Victims Under the MVRA

The US Court of Appeals for the Ninth Circuit recently affirmed a restitution order in favor of both the originator and purchaser of two fraudulently obtained mortgages under the Mandatory Victim Restitution Act (MVRA). ...more

Citigroup To Pay $7 Billion To Settle Mortgage Claims

To settle charges related to the packaging, marketing, sale, and issuance of residential mortgage-backed securities (RMBS), Citigroup will pay a total of $7 billion, including a record $4 billion fine to the Department of...more

Weighing The Price Of Crime — Apportioning Restitution Based On Relative Fault

by Perkins Coie on

Criminal justice practitioners understand that ‘‘joint and several liability’’ stands for the common proposition that each co-conspirator should be equally responsible for all provable losses the conspiracy caused. Put...more

Steering Consumers to Expensive Mortgage Loans

by Jonathan Foxx on

The CFPB announced that it had filed a complaint yesterday in a federal district court against Utah-based Castle & Cooke Mortgage, LLC (“C & C”) and two of its officers for illegally giving bonuses to loan officers who...more

Anti-Money Laundering Program: Testing

by Jonathan Foxx on

I learned recently some rather extraordinary news: my firm is currently the only mortgage risk management firm in the country offering testing of a Residential Mortgage Lenders and Originator’s (RMLO’s) Anti-Money Laundering...more

New York Attorney General Eric Schneiderman To Sue Wells Fargo & Bank Of America For Violating National Mortgage Settlement

by Barry Fagan on

New York Attorney General Eric Schneiderman To Sue Wells Fargo & Bank Of America For Violating National Mortgage Settlement...more

YOU CAN’T TRUST OUR NATIONAL BANKS MORTGAGE PAPER TRAIL

FRAUD, NOT MISTAKES AND ERRORS, HAVE PERMEATED THE FORECLOSURE PROCESS IN AMERICA

by Barry Fagan on

FRAUD, NOT MISTAKES AND ERRORS, HAVE PERMEATED THE FORECLOSURE PROCESS IN AMERICA When judges begin ordering the accounting and financial books and records of the alleged owner of a borrower’s note to be produced, not...more

The Enforcement Powers of the Consumer Financial Protection Bureau

by Jonathan Foxx on

For several months, the Consumer Financial Protection Bureau (“CFPB” or “Bureau”) has implemented a spate of enforcement actions against banks and non-banks. My interest in this article is neither to re-litigate those cases...more

What’s at the Bottom of the ‘Robosigning’ Scandal?

by Ifrah PLLC on

The problematic practice of robosigning – whereby banks and other lenders improperly foreclosed on properties through formulaically processing foreclosure documents – has been much in the news over the past couple of years....more

CONGRESS OF THE UNITED STATES- COMMITTEE ON OVERSIGHT & GOVERNMENT REFORM

Senator Elizabeth Warren (D-MA) and Rep. Elijah E. Cummings (D-MD) March 25, 2013 letter to Federal Reserve Chairman Ben Bernanke...

by Barry Fagan on

Senator Elizabeth Warren and Representative Elijah Cummings to Meet with Fed and OCC on Foreclosure Abuses Washington, D.C. March 25, 2013 Senator Elizabeth Warren (D-MA) and Rep. Elijah E. Cummings (D-MD) sent a...more

CONGRESS OF THE UNITED STATES- COMMITTEE ON OVERSIGHT & GOVERNMENT REFORM

Reps. Darrell E. Issa and Elijah E. Cummings, joint letter to Federal Reserve Chairman Ben Bernanke and Comptroller of the...

by Barry Fagan on

House Oversight Committee Requests Briefing on Potential Independent Foreclosure Review Process Settlement Washington, DC (Jan. 5, 2013) The Chairman and Ranking Member of the House Committee on Oversight and...more

STATE OF MICHIGAN ATTORNEY GENERAL BILL SCHUETTE FILES CRIMINAL CHARGES AGAINST FORMER MORTGAGE PROCESSOR PRESIDENT FOR ROLE IN...

by Barry Fagan on

STATE OF MICHIGAN ATTORNEY GENERAL BILL SCHUETTE FILES CRIMINAL CHARGES AGAINST FORMER MORTGAGE PROCESSOR PRESIDENT FOR ROLE IN FRAUDULENT...more

THE PEOPLE OF THE STATE OF MICHIGAN vs. LORRAINE OREILLY BROWN

FELONY COMPLAINT AGAINST LORRAINE OREILLY BROWN RE: DOCX & ROBO-SIGNING

by Barry Fagan on

Lorraine Brown established and orchestrated a widespread scheme of robo-signing and was associated with an enterprise, to wit DOCX. ...more

CFPB and FTC: Warning Letters - Misleading Advertisements

by Jonathan Foxx on

The Consumer Financial Protection Bureau (CFPB), in coordination with the Federal Trade Commission (FTC), has issued warning letters to twelve mortgage lenders and mortgage brokers advising them to remove or revise misleading...more

United States Department of Justice Press Release Re: Former Executive at Florida-Based Lender Processing Services Inc. Admits...

by Barry Fagan on

FOR IMMEDIATE RELEASE http://www.justice.gov/opa/pr/2012/November/12-crm-1400.html Tuesday, November 20, 2012 Former Executive at Florida-Based Lender Processing Services Inc. Admits Role in Mortgage-Related Document...more

CFPB: Compliance Management System

by Jonathan Foxx on

On October 31, 2012, the CFPB issued its first issue of Supervisory Highlights: Fall 2012, a newsletter to the public and the financial services industry about its examination program, including the concerns that it finds...more

FinCEN: SAR Narrative, PowerPoint, and Mortgage Loan Fraud

by Jonathan Foxx on

On September 18, 2012 FinCEN held an Informational Webinar regarding the new FinCEN Suspicious Activity Report (SAR). The corresponding, full PowerPoint presentation of the recorded version of this Webinar is available...more

United States of America vs. Bank of America et al

United States of America vs. Bank of America et al Re: Complaint for Mortgage Fraud

by Barry Fagan on

Manhattan U.S. Attorney Sues Bank Of America For Over $1 Billion For Multi-Year Mortgage Fraud Against Government Sponsored Entities Fannie Mae And Freddie Mac FOR IMMEDIATE RELEASE Wednesday, October 24, 2012 After...more

ROBERT LOCKETT vs. BANK OF AMERICA, N.A.

Robert Lockett Los Angeles County Registrar Recorders Complaint for Notary Public Fraud With Expert Opinion Declaration

by Barry Fagan on

Homeowner Complaint Summary: I am a victim of fraud and I am attaching pdf files which includes an Assignment of a Deed of Trust that was recorded with the Los Angeles Register Recorders office on August 29, 2011 under...more

ROBERT LOCKETT vs. BANK OF AMERICA, N.A.

Robert Lockett Los Angeles County Registrar Recorders Complaint for Document Fraud With Expert Opinion Declaration

by Barry Fagan on

Homeowner Complaint Summary: I am a victim of fraud and I am attaching pdf files which includes an Assignment of a Deed of Trust that was recorded with the Los Angeles Register Recorders office on August 29, 2011 under...more

CALIFORNIA ATTORNEY GENERAL COMPLAINT CALIFORNIA SENATE BILL NO. 1474 RE: CONVENING GRAND JURY FOR MORTGAGE FRAUD

by Barry Fagan on

CALIFORNIA ATTORNEY GENERAL COMPLAINT CALIFORNIA SENATE BILL NO. 1474 RE: CONVENING GRAND JURY FOR MORTGAGE FRAUD Barry S Fagan 20475 Roca Chica Dr. Malibu, California 90265 Complaint Against: Wells Fargo Bank,...more

Mortgage Fraud and SARs

by Jonathan Foxx on

On August 16, 2012, the Financial Crimes Enforcement Network (FinCEN) issued an Advisory to highlight activity related to mortgage loan fraud, especially as it pertains to Residential Mortgage Lenders and Originators (RMLOs)....more

Shorts on Long Term Care - August 2012: Heck No, I Won’t Go

by Poyner Spruill LLP on

My office phone rings and it’s one of my favorite clients. We just finished working on an appeal of a resident discharge and were expecting the Division of Medical Assistance hearing officer decision any day. I felt pretty...more

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