Monday, December 18, 2006
Foreclosure Abuse Thru Premature Trash-Outs
University of Cincinnati Law Review: Banks, Break-Ins, and Bad Actors in Mortgage ForeclosureLawyers & Theft Of Escrow/Trust Account Money
The New York Lawyers’ Fund: 38 Years of Client Protection (The misappropriation of a law client’s money by an attorney in the practice of law, while an aberration, is properly a debt owed by the legal profession)Law Client Protection Funds (A Bibliography of Reported Cases and Selected Materials)
CBC News: Lawyers misappropriated millions from clients' funds but few faced criminal charges (Disciplinary actions include suspension, disbarment for professional misconduct)
CBC News: Betrayal of Trust (A CBC investigation reveals how lawyers across Canada have misappropriated and mishandled clients money, to the tune of tens of millions of dollars, or sometimes even charging vulnerable people top dollar for shoddy services)
University of Pennsylvania Law Review: "If You Can't Trust Your Lawyer ....?"
The New York Times: When Lawyers Steal the Escrow
The New York Times: Thieving Lawyers Draining Client Security Funds
The Associated Press: N.Y. fund for cheated clients wants thieving lawyers disbarred
The Missouri Bar: Righting Wrongs (Compensating Clients Financially Harmed By Their Attorneys' Actions)
Abuse Of The Guardianship System To Fleece The Elderly. Infirm & Disabled Of Their Money, Property
Forbes: Guardianship In The U.S.: Protection Or Exploitation?The Wall Street Journal: Abuse Plagues System of Legal Guardians for Adults (Allegations of financial exploitation and abuse are rife, despite waves of overhaul efforts) (Non-WSJ subscriber? Try here, then click appropriate link)
Land Contract/Contract For Deed/Rent-To-Own Rackets
The New York Times: The Housing Trap (In the wake of the housing crisis, low-income families have turned to seller financing to buy homes but these deals can be a money trap)The New York Times: Market for Fixer-Uppers Traps Low-Income Buyers
The New York Times: Housing That Ruins Your Finances and Your Health (ie. Rent-To-Own, Contract For Deed, Land Contract Ripoffs)
National Consumer Law Center: Toxic Transactions: How Land Installment Contracts Once Again Threaten Communities of Color
Chicago Reader: The Infamous Practice of Contract Selling Is Back in Chicago (Wall Street-backed firms are duping would-be homebuyers, 50 years after Martin Luther King Jr. and west-side activists fought against housing discrimination)
The Costs of Being Poor
The Costs of Being Poor (Two new books explore how difficult the housing market and criminal justice system make it to climb out of poverty)Fair Housing: Assistance Animals
Accommodating Requests for Service Animals and Emotional Support AnimalsLead Contamination In Homes & Rental Apartments
Philly.com: In booming Philadelphia neighborhoods, lead-poisoned soil is resurfacingThinkProgress: The hidden toxic threat in America’s backyards
ThinkProgress: An Indiana City Is Poised To Become The Next Flint
The New York Times: Seller-Financed Deals Are Putting Poor People in Lead-Tainted Homes
The New York Times: Their Soil Toxic, 1,100 Indiana Residents Scramble to Find New Homes
The Washington Post: How companies make millions off lead-poisoned, poor blacks
Maryland Attorney General: Attorney General Frosh Files Suit Against Access Funding for Exploiting Lead Paint and Other Injured Marylanders
Lawsuit: State of Maryland v. Access Funding, LLC, et al.
Commentaries on Banksters & Their Handiwork
The Yale Law Journal: In Defense of "Free Houses"Rolling Stone: Why the Banks Should Be Broken Up - by Matt Taibbi
Use of Arbitration Clauses In Nursing Home Contracts To Strip Families Of Their Rights
The New York Times: Pivotal Nursing Home Suit Raises a Simple Question: Who Signed the Contract?NJ.com: Read the Fine Print: Pre-dispute Arbitration Language in Long-Term Care Contracts Strips Families of Their Rights
Section 8 Housing Voucher Trap
New Republic: The Section 8 Voucher Trap (For Yonkers families, the search for affordable housing is long and weary)Property Snatching Scams By Prosecutors & Police
Institute for Justice: Policing for Profit (The Abuse of Civil Asset Forfeiture - 2nd Edition) (go here for press release)Home-Snatching Scams In New York City
The New York Times: Real Estate Shell Companies Scheme to Defraud Owners Out of Their Homes (Relying on the secrecy of limited liability companies, white-collar thieves are targeting pockets of New York City for fraudulent deed transfers, leaving the victims groping for redress)Who Can You Trust? The Foreclosure Rescue Scam Crisis in New York
Zombie Debt Buyer Abuse Of Consumers/Court System
ABA Journal: Debt-buying industry and lax court review are burying defendants in defaultsBeware The Fine Print: Consumers Forced To Sign Away Their Rights To Use Court System
The NY Times: Arbitration Everywhere, Stacking the Deck of Justice (Part 1 in series examining how clauses buried in tens of millions of contracts have deprived Americans of one of their most fundamental constitutional rights: their day in court)The NY Times: In Arbitration, a ‘Privatization of the Justice System’ (Part 2)
The NY Times: In Religious Arbitration, Scripture Is the Rule of Law (Part 3)
The NY Times: Arbitrating Disputes, Denying Justice (Editorial)
Corruption/Bullying On The Bench
The Guardian: Corrupt justice: what happens when judges' bias taints a case?Debt Collection Suits Squeezing Black Neighborhoods
ProPublica: The Color of Debt: How Collection Suits Squeeze Black Neighborhoods (First-of-its-kind analysis shows that the suits are far more common in black communities than white ones)ProPublica White Paper: Racial Disparity in Debt Collection Lawsuits: A Study of Three Metro Areas
More On Crappy Foreclosure Titles After Masschusetts High Court Rulings
Houston, we've got a problem - BevilacquaUnmasking The Loan Modification Rackets
Have I Got a Deal for You! An Undercover Investigation of Mortgage Loan Modification ScamsForeclosure Mills' Abysmal Record In Complying With New NYS Foreclosure Requirements
Justice Deceived: How Large Foreclosure Firms Subvert State Regulations Protecting HomeownersMFY Legal Services Report On Questionable Practices By Process Servers In Debt Collection Cases
Justice Disserved: A Preliminary Analysis of the Exceptionally Low Appearance Rate by Defendants in Lawsuits Filed in the Civil Court of the City of New YorkStemming Sewer Service In New York City
Public Interest Lawyers Are Key in Passage of Landmark Legislation to Stem “Sewer Service” in New York CityRobosigners Return
Mortgage Mess Redux: Robo-Signers Return (A Reuters investigation finds that many banks are still employing the controversial foreclosure practices that sparked a major outcry last year)Void vs. Voidable
Beyond a Definition: Understanding the Nature of Void and Voidable ContractsSelected Posts
Commentary On The Crappy Title Mess Created By Fraudulent Foreclosures
Daily Finance: Why the Foreclosure Mess Settlement Proposal Can't Fix the DamageNaked Capitalism: On the Clouded Title Mess and the Difficulties of Cleaning It Up
Loyola Consumer Law Journal: Toward a More Equitable Balance: Homeowner and Purchaser Tensions in Non-Judicial Foreclosure States
Albany Law School Research Paper: Property Title Trouble in Non-Judicial Foreclosure States: The Ibanez Time Bomb?
Articles On MERS Authority To Act In Foreclosure Actions
Mortgage Electronic Registration Systems, Inc.: A Survey of Cases Discussing MERS’ Authority to ActTwo Faces: Demystifying the Mortgage Electronic Registration System's Land Title Theory
The Murky Mess of MERS: The Complications of Collecting on Promissory Notes When MERS is Around
Foreclosure, Subprime Mortgage Lending, and the Mortgage Electronic Registration System
Criminal Prosecutions Of Foreclosure Rescue Scams
Criminal Prosecutions Of Sale Leaseback Peddlers In Equity Stripping Foreclosure Rescue DealsFTC Report On Dealing With Bill Collectors & Zombie Debt Buyers
Repairing A Broken System: Protecting Consumers in Debt Collection Litigation and ArbitrationPromissory Note Primer
What Is A Note & Why Is It So Important?Video: Foreclosure Fraud Crisis Explained
Fraud Factories: Rep. Alan Grayson Explains the Foreclosure Fraud CrisisGet Up To Speed On Spotting & Preventing Foreclosure Rescue Scams
Foreclosure Rescue Scams Reading ListNational Law Center on Homelessness & Poverty
Staying Home: The Rights of Renters Living in Foreclosed PropertiesVideo "Tutorial" Demonstrates Use Of Dubious Affidavits, Assignments, Notary Acknowledgements By Lender, Law Firm In Foreclosure Actions
5-Part You Tube Video Bank Foreclosure FraudWalking Away From An Underwater Mortgage?
Underwater and Not Walking Away: Shame, Fear and the Social Management of the Housing Crisis10-Year Report Addressing Myriad Of Access-To-Justice Challenges Facing Low-Income New Yorkers
Expanding Access To Justice In New York StateNational Consumer Law Center Reports
Why Servicers Foreclose, When They Should Modify, and Other Puzzles of Servicer BehaviorDESPERATE HOMEOWNERS: Loan Mod Scammers Step In When Loan Servicers Refuse To Provide Help
FORECLOSING A DREAM: State Laws Deprive Homeowners of Basic Protections
DREAMS FORECLOSED: The Rampant Theft of Americans' Homes Through Equity-stripping Foreclosure 'Rescue' Scams
CONSUMER PROTECTION IN THE STATES: A 50-State Report on Unfair and Deceptive Acts and Practices Statutes
Foreclosure "Rocket Dockets" - The "Rubber Stamp" Method Of Foreclosure Adjudication
CBS News Video: Pay Up Or Move OutCNN Video: As Foreclosures Mount, Florida Court Turns To 'Rocket Docket'
The Wall Street Journal: A Florida Court's 'Rocket Docket' Blasts Through Foreclosure Cases (2 Questions, 15 Seconds, 45 Days to Get Out; 'What's to Talk About?' Says a Judge)
"Produce The Note" Strategy When Dealing With Missing Promissory Notes In Foreclosure Actions
ABC Video: Fighting Against Foreclosure (Some homeowners have found a new tactic to keep the banks at bay)CNN Video: Produce The Note!
CNBC Video: Foreclosure Loophole
Consumer Warning Network On Missing Promissory Notes & Servicing Secrets In Foreclosure Actions
Video: Fight Foreclosure: Make ‘Em Produce The Note!Video - Text: Fight Foreclosure: Produce The Note "How-To"
Text: Fight Foreclosure: Produce The Note "How-To" In Non-Judicial States
Video: Mortgage Servicers' Secret
Federal Trade Commission On Avoiding Foreclosure Rescue Scams
Video: Real People, Real Stories: Avoid Foreclosure Rescue ScamsSpanish version
Freddie Mac On Foreclosure Rescue
Video: Freddie Mac Dramatizes An Equity Stripping Scam (English)Video: Freddie Mac Dramatizes An Equity Stripping Scam (Spanish)
Educational Videos On Recognizing Mortgage Foreclosure Scams
Video: Foreclosure scams prey on homeowners (Reuters News Service)Video: Basics of Mortgage Foreclosure Scams (Illinois Legal Aid)
Foreclosure Rescue/Deed Theft: News On Video
Video News Reports On Foreclosure RescueVideo News Reports On Deed Theft
Foreclosure Scams Employing Abuse Of Federal Bankruptcy Court System
Final Report Of The Bankruptcy Foreclosure Scam Task ForceReports From The Center For Responsible Lending
IndyMac: What Went Wrong?: How an “Alt-A” Leader Fueled its Growth with Unsound and Abusive Mortgage LendingUnfair and Unsafe: How Countrywide’s irresponsible practices have harmed borrowers and shareholders
Countrywide in the Courts: A sampling of consumer lawsuits brought against Countrywide
Steered Wrong: Brokers, Borrowers, and Subprime Loans
Continued Decay and Shaky Repairs: The State of Subprime Loans Today
Real Estate Settlement Procedures Act
HUD Settlement Agreements With Alleged ViolatorsStatute
General Information (for Consumers & Industry)
Study: 98% Of Loan Mods Reviewed Resulted In No Reduction In Principal Balance; No Monthly Payment Reduction In Nearly 50%
Rewriting Contracts, Wholesale: Data on Voluntary Mortgage Modifications from 2007 and 2008 Remittance ReportsDefaulting on the Dream: States Respond to America’s Foreclosure Crisis - The Pew Charitable Trusts Report
Full Report (51 Pages)Press Release (with State by State Fact Sheets)
ABC NEWS Nightline On Mortgage Servicing Company Ripoffs
VideoProgram Transcript
Download Article Examining Mortgage Servicing Companies' Frequent Non-Compliance With Law In Consumer Bankruptcy Cases
Misbehavior and Mistake in Bankruptcy Mortgage Claimsby Katherine M. Porter
University of Iowa - College of Law
Massachusetts Attorney General Report on Predatory Lending
The American Dream Shattered: The Dream of Homeownership and the Reality of Predatory LendingNYS Commission Of Investigation On Subprime Mortgage Lending
A PERFECT STORM: Easy Money and the Mortgage Meltdown (The Subprime Mortgage Crisis in New York State)National Community Reinvestment Coalition Study On Mortgage Lending & Race
Income Is No Shield Against Racial Differences in LendingReverse Mortgages: Niche Product or Mainstream Solution? Report on the 2006 AARP National Survey of Reverse Mortgages Mortgage Shoppers
Report SummaryFull Report (228 Pages)
U.S. Conference Of Mayors: Vacant & Abandoned Properties And The Foreclosure Crisis
Report: Vacant and Abandoned Properties: Survey and Best Practices (42 Pages - 0.5 MB)Press Release: English Spanish
$60 Million and Counting: The Cost of Vacant and Abandoned Properties to Eight Ohio Cities
Executive Summary (14 Pages)Full Report (without city sections) (20.2 MB)
Full Report (20.2 MB)
PBS' Bill Moyers Journal On Destruction Of Cleveland, Ohio's Slavic Village Due To Unregulated Proliferation Of Subprime Loans
VideoTranscript
Informational Resources To Promote, Support Vacant Property Revitalization Efforts
National Vacant Properties CampaignGet NACA Class Action Litigation Guidelines
Class Action Litigation GuidelinesSearch For U.S. Attorneys & State Attorneys General
U.S. Attorneys (All States)
State AGs (All States & U.S. Possessions)
Search For Non Profit Law Firms
LSC-Funded Non-Profit Law Firms
LawHelp.org
Search For Consumer Protection Attorneys
National Association of Consumer Advocates - All States
National Association of Consumer Bankruptcy Attorneys - All States
Consumer Bankruptcy Attorneys - Max Gardner's Bankruptcy Boot Camp Graduates - All States
National Consumer Bankruptcy Litigation Center
Free Foreclosure Prevention & Intervention Solutions
Veterans Administration Foreclosure Hotline
NeighborWorks National Toll Free Hotline (1-888-995-HOPE) OR www.995hope.org
NeighborWorks-Avoid Foreclosure
New York City Foreclosure Hotline
Alabama Foreclosure Hotline
Arizona Foreclosure Help Line
Connecticut Foreclosure Hotline
Colorado Foreclosure Hotline
Florida "FLASH" Hotline
Iowa Foreclosure Hotline
Kentucky Foreclosure Hotline
Massachusetts Foreclosure Hotline
Missouri Foreclosure Hotline
New Hampshire Foreclsure Hotline
North Carolina Foreclosure Hotline
Ohio AG Foreclosure Hotline
Ohio "Save The Dream" Hotline
South Dakota Foreclosure Hotline
Wisconsin Foreclosure Hotline
Search For Low Cost Or Free Home Repair
Rebuilding Together
Other Sources
Search Online For:
AARP on Reverse Mortgages
Bankruptcy Basics @ uscourts.gov
Bankruptcy Boot Camp - Training For Consumer Bankruptcy Attorneys
Advanced Consumer Rights Litigation Boot Camp
Directory Of Lawyers' Funds For Client Protection (All States)
USA Client Protection Funds Map
Canada Client Protection Funds Map
Real Estate Investment Guru Review
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Rest In PeaceErskin Radford
(1954-2008)
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