Posts Tagged ‘LLC’

BOMBSHELL- New Subpoenas Issued by Florida Attorney General to Lender Processing Services and Docx, LLC

The developments continue to roll out.  To those that wonder just how big this crisis is…look carefully at the subpoenas that have just been released.  No one can yet comprehend just how deep this goes….

Docx-supoenas

Subpoena DT to Docx, L.L.C

subpoenaLPS

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MERS Smackdown- Two Important New Foreclosure Cases

Both from Missouri (who knew that solid midwestern state was on the cutting edge of such an important issues?) both opinions rejecting foreclosure relief based on questionable assignments and questionable authority of agents issuing assignments. (Might be fraud, might be document creation, might be “just” creating evidence for a case) Read both here:

boxbankuptcy

bellestribankruptcy

These opinions, and the Futtrell Oral Argument video previously posted remind us of the need to continue to make it clear that a mortgage foreclosure is really an action on two contracts: 1) the mortgage and 2) the note.  Very different rules apply to each document.  The foreclosure mills and their clients want to ignore these distinctions and judges sometimes aren’t catching them, (MERS hereby assigns all its interest in The Note) but they are fundamental, key areas of the law that cannot be ignored.

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Florida Attorney General Actively Pursues Loan Modification/Foreclosure Fraud Companies

The Florida Attorney General’s Office is actively pursuing companies that engage in foreclosure prevention and loan modification activities in violation of Florida’s new Foreclosure Fraud Rescue Prevention Act.  The list below is a short list of some of the companies currently under investigation.  To file complaints against these companies or to determine whether a company or individual you may be considering working with is legitimate, contact the Florida Attorney General’s Office here.

Some advice for consumers regarding mortgage modification and foreclosure rescue:

  • Homeowners should NEVER pay any up-front fees and should avoid any high-pressure sales tactics. Fees may only be collected AFTER services are completed.
  • Homeowners should first try talking to their lenders or a lawyer before contracting with any third-party company for rescue or modification services.
  • If a homeowner believes he or she has been taken advantage of by a disreputable company, he or she should call the Florida Attorney General’s fraud hotline at 1-866-9-NO-SCAM or file a complaint online at myfloridalegal.com. The complaint will be reviewed by the Attorney General’s Mortgage Fraud Task Force.
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