Posts Tagged ‘Deutsche Bank mortgage fraud’
CAPACITY IS A FORECLOSURE CASE KILLER!- OCC LETTER: TRUSTS NOT EXEMPT FROM STATE LAWS
Author: Matthew D. Weidner, Esq.
There is a growing body of evidence that stands for the proposition that the banks and shadowy trust companies sweeping across our nation to take homes are not in fact exempt from state banking and business regulation. I have posted the Cuomo and Watters Supreme Court cases, but below is a very interesting letter from the Office of Comptroller and Currency which makes an even more compelling presentation of the facts.
Quite simply, we must continue to challenge the shadowy, unidentified anonymous entities that are filing suits and taking homes from Americans…..this letter should become a regular part of your research and pleading.
The impact of this cannot be understated. If the trusts are indeed required to register, they will be subjected to scrutiny that they probably cannot withstand. At a minimum the issue should prevent summary judgment…the larger consequences are potentially very wide reaching. I have previously cited the sections of the Florida Banking Code and trust registration statutes that require the payment of fees to the state and formal registration. The question is why are our state officials ignoring revenue and regulatory action on these trusts?
OCC Letter of Guidance here.
DEUTSCHE BANK—NOT PREEMPTED–LETTER FROM SENIOR COUNSEL OF THE OFFICE OF THE COMPTROLLER OF THE CURRENCY-…
Massive Fraud Nets a Petty Slap on The Wrist
Author: Matthew D. Weidner, Esq.
As most of you know, Goldman Sachs engaged in massive fraud when it packaged many of the mortgages that are now being foreclosed on and sold them to entities like Deutsche Bank. Homeowners are continuing victims of this fraud and their consequences and penalties continue, but the chief players in the fraud, Goldman Sachs walks away from the game with a petty fine. Read the Wall Street Journal article here. Suffice it to say, the rules really are different when you commit high level, mind-boggling crimes.
Next, consider the impact that senior judges, making $350/day are going to have on foreclosure cases. These judges will be executing millions of dollars in judgments yet I fear they lack the resources and staff to properly supervise the files they are asked to plow through. Read a recent story here. I am deeply troubled by the feeling that our judicial branch is bowing to pressures from the legislative branch and I’m concerned by my perception that many of our elected judges feel like they have a duty to plow through these foreclosure cases…rather than examine the cases from a proper Court of Equity perspective.
