Welcome to The Home Equity Theft Reporter, a blog dedicated to informing the consumer public and the legal profession about Home Equity Theft issues. This blog will consist of information describing the various forms of Home Equity Theft and links to news reports & other informational sources from throughout the country about the victims of Home Equity Theft and what government authorities and others are doing about it.
Friday, May 17, 2013
NYS Intermediate Appeals Court: OK To Screw Big-Time Bond Insurer In Collateralized Crappy Mortgage Transaction; Victim Was Too Commercially Sophisticated, It Should Have Known Better Than To Get Into A Deal Like That!
The Wall Street Journal reports:
Goldman Sachs Group Inc. obtained a victory in New York state appeals court in a case involving a complex mortgage security, moving the firm further from a crisis-era cloud.
The New York state appeals court tossed out a lawsuit on Tuesday by bond insurer ACA Financial Guaranty Corp., which got burned in a complex security deal along with investors while hedge fund Paulson & Co. scored big profits.
ACA had maintained that Goldman fraudulently induced it to insure the collateralized-debt- obligation deal known as Abacus 2007-AC1.
A CDO is a pool of loans, such as subprime mortgages, sold in slices to investors. Goldman arranged it just as the housing market was collapsing in 2007 in the months leading up to the financial crisis.
The New York State Supreme Court’s Appellate Division, in a 3-2 decision, dismissed ACA’s fraud claims against Goldman, saying as a “highly sophisticated commercial entity,” ACA should have realized something was amiss.
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“It’s a good day for Goldman, but the other shoe may still drop,” said John Coffee, a professor at Columbia Law School in New York. With a 3-2 decision on a high-profile case, the matter “is likely to go up to the court of Appeals,” Mr. Coffee added.
For more, see Judge Says Insurer Should Have Known Better on Debt Deal (Goldman Sachs scored a victory in a New York state appeals court Tuesday, winning the dismissal of a lawsuit filed against it by a bond insurer over a financial product that went sour during the financial crisis).
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)
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)
Beware 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)
Foreclosure Mills' Abysmal Record In Complying With New NYS Foreclosure Requirements
Justice Deceived: How Large Foreclosure Firms Subvert State Regulations Protecting Homeowners
MFY 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 York
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)
CNN 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)
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