Foreclosure Notes 5/9/13 – 5/14/13

California Homeowner Bill of Rights blocks BofA foreclosure (Housing Wire)

A California man successfully halted a foreclosure sale on his property using… the Homeowner Bill of Rights to obtain a court injunction against… Bank of America… the injunction alone may cost BofA/Recontrust upwards of $60,000 when calculating in attorneys fees and expenses…

The new case in question – Singh v. Bank of America – was filed by a borrower who accused BofA… of violating HBOR’s ban on dual-tracking.

And the foreclosure follies march on (Daily Kos)

I think the bigger story is that a landmark case against the nation’s banks for being as crooked as f–k, as careless as f–k, as incompetent as f–k and not incidentally as unrepentant as f–k was deemed a problem solved when the banks agreed to give the sum of three or four thousand dollars to each American family the banks had wrongfully evicted from their own goddamn homes. That’s not a settlement – it wasn’t at the time, and still isn’t. In certain Wall Street-backed neighborhoods you might find higher dollar figures on the “REWARD–LOST DOG” signs. Four thousand dollars for being booted from her own home by a crooked bank?

Foreclosure defense movement stalls evictions (Workers World)

Coldwater, Mich., a town of 10,000 in the western half of the state, is no place one would expect to see a protest demonstration. These days, however, foreclosure defense activists go where they are needed. They have come May 3 to Coldwater from around the state to keep Matthew Murray and Beverley Murray and their two daughters in their home.

Spanish region at odds with EU over efforts to alleviate evictions crisis (The Irish Times)

In April, the Socialist-led government of Andalusia, one of the regions worst hit by the recession with a jobless rate of 37 per cent, issued a decree that sought to ease the pressure on those struggling to make payments. The decree allows certain homes in the region to be expropriated from banks for three years, to protect poor families from eviction. It also establishes fines for banks that fail to put empty homes on the rental market…

In response, the European Commission has warned the Spanish government that such measures are not compatible with the country’s commitments related to EU funding.

Mortgage Catch Pushes Widows Into Foreclosure (New York Times)

Geraldine Bates lost her husband to kidney failure last year. Now, she has fallen behind on her mortgage payments and is terrified that she will lose her home in Jacksonville, Fla.

Ms. Bates, 70, is caught in a foreclosure trap that is ensnaring widows across America: she cannot get help lowering her payments until her name is added to the mortgage note, but the lender says she must be current on payments before that can happen.

US Bank walks away from foreclosure on Aurora woman (Denver Post)

US Bank on Friday backed down from its efforts to foreclose on an Aurora woman whose federal court battle against it has taken on the constitutionality of Colorado’s foreclosure laws…

Brumfiel tried to challenge that US Bank didn’t prove it had the right to foreclose on her house because it had not shown how it acquired the rights to her loan and or that it had been assigned the deed of trust to the loan. Brumfiel eventually waived her right to the hearing and signed a stipulation that she was likely to lose, mostly because Colorado law allows foreclosure lawyers to sign a statement saying – without having to prove – that their client, typically a bank or other lender, properly has the note and deed of trust. It is that law Brumfiel is challenging in federal court, saying it violates her 14th Amendment right to due process.

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