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Archive for the month “January, 2013”

INDYMAC GETS THE SHAFT IN FEDERAL COURT

FDIC vs. Construction Lenders Jury Verdict: IndyMac Bankers Liable for $169 Million

By Steve Nelson, J.D.:  December 10, 2012

Jurors awarded this $169M verdict (PDF) against three former IndyMac Bank executives for originating dubious construction and development loans. It happened last Friday in Los Angeles at the US District Court for the Central District of California.

$169M Verdict Against Former Indyac Bank Executives

In their original complaint, the FDIC alleged:

  • That the former bank executives were too permissive in underwriting and originating a host of development and construction loans
  • Their permissiveness was negligent
  • And their permissiveness breached the fiduciary duty of care each executive owed to the bank before it failed

The jurors agreed with the FDIC on the 21 loans that went to trial. The result: a verdict for the FDIC on every count—and, in one combination or another, against each former executive respectively—totaling about $169M in damages.

From Attorney John R from Washington DC —– SETTLEMENTS ARE A FALSE HOPE FOR THE HOMEOWNER

We follow this weblog and Garfield’s Living Lies regularly for the latest in current trends and information We are writing this to disclose a troubling trend of political deception about the real state of the housing crisis.

As of 1-15-2013 the state of these so called “attorney general” or “Government settlements” is absolutely ineffective and impotent to stop the banks from continuing their tactics. These “settlements” are not benefiting the homeowner. Most only fatten the pockets of attorneys, the states and counties, but offer literally “scraps” to the homeowners. This is particularly true of the settlement crafted out by the California Attorney General Harris and many others similar.

Our firm’s opinion is that the ONLY, repeat ONLY way to stop foreclosures and evictions and turn the tables is to sue the bank for a restraining order and for millions in damages in court. Most cannot afford our firm in the East Coast area. We highly recommend that desperate homeowners get some form of legal assistance from knowledgeable sources.

Believe it when you read that the DC politicians are a bunch of beholden deceivers. Now Congress and the White House want to bail out the “bailed out” and will do nothing new or inventive to help the homeowner and their kids and families. It is downright pathetic. The courts are your only last resort, and from our research, the trend is changing to favor the homeowners more than ever now.

If you can’t afford a big firm in your area that “get’s it” then try Consumer Rights Defenders who have specialized attorneys, paralegals and expert loan and securitization auditors on staff who can help you sue and get more than these politicians who brag, but offer little in real relief. Consumer Rights Defenders has helped us litigate for our clients and offers the exact same strategies for the in pro se [unrepresented] as we have for years. When you need an attorney for court appearances, they help you get one, as well.

Sincerely,
John R. Washington D.C. Attorney, J.D., MBA.

Call us today at 818.453.3585 for immediately assistance, nationwide. We have offices in California, Texas, Maryland, Virginia and Washington, D.C. and soon in New York, New Jersey, Penn, Mass. and Georgia/So. Carolina to help homeowners just like you. Ask for Steve or Sara.
Our success rate for Foreclosure stopping Restraining Orders is now over 90% nationwide.

TheConfirmationFiles

Owners of wrongfully repossessed houses could now get up to $125,000 as ten major US banks agree to settle federal complaints. This will end a foreclosure review process begun by a 2011 enforcement action.

Under the new agreement, those people who had their homes seized and then sold would get the biggest pay offs, while banks who failed to modify people’s loans in light of a change of income would get off more lightly. The settled compensation is anywhere between $1000 and $125,000.

The initial 2011 enforcement review was ordered because banks and mortgage companies had bypassed steps in the foreclosure process and had mishandled people’s paperwork.

The banks involved include the Bank of America, Wells Fargo, JP Morgan Chase, Citigroup, MetLife Bank, PNC Financial Services and Sovereign.

Monday’s settlement was announced by the Office for the Comptroller of the Currency (OCC) and the Federal Reserve and covers up to…

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Violate HUD and a TRO will be given by the court.

Recent California case you can find on Neil Garfield’s site Living Lies in which we cite an appellate decision pro-homeowner:  If the bank fails to comply with HUD guidelines [contact and work out payment issues with borrower] a TRO is appropriate enjoining foreclosure.

We are starting our 8th year saving homes and helping borrowers fight the courtroom battles. Call us today for free consultation at 818.453.3585. See us on Garfield’s Living Lies Blog as well.

Steve Nelson, J.D.  and Sara Stephens, J. D.

Executive Directors-Litigation Department

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