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.
Monday, January 18, 2016
Portland-Area County Commissioners To Drop $160 Million Lawsuit, Agree To Comply w/ MERS' 'Gag Order' In Exchange For $9.6 Million Settlement To Resolve Allegations That Bankster Played Central Role In Racket That Bypassed Public Recording Requirements For Mortgage Assignments
In Portland, Oregon, the Portland Tribune reports:
Multnomah County commissioners have approved a $9.6 million settlement of a lawsuit alleging fraud against a national mortgage registry company.
Mortgage Electronic Registration Systems Inc. was used by banks to bypass public recording requirements and fees, and critics have accused it of fueling practices that led to the 2010 national foreclosure crisis. Other lawsuits against the company have been filed around the country, with mixed results.
Of the total settlement, the county will receive $6.1 million. The remainder will go to three outside law firms the county hired to pursue the case.
In return for the money, county commissioners will be restricted on what they can say outside of public meetings. According to a script negotiated by the outside lawyers, they can say only that the case was settled and they are happy with the outcome.
Several commissioners took the opportunity to raise concerns about the "gag order" and decry the corporate behavior that led to the crisis.
"People lost their jobs, people lost their health care and people lost their homes because of this," said Commissioner Judy Shiprack. The effects are "still rippling though the lives of the people that I represent."
The county originally filed the case as a $38 million lawsuit, but last May filed an expanded lawsuit seeking damages of $160 million. The case moved from state court to federal court, then to mediation.
Initially the county only disclosed the primary settlement with MERS for $9 million in response to a records request. A subsequent request produced about a dozen related settlements with banks named in the case, bringing the total received by the county to $9.573 million.
The commissioners have made no final decision on how the county's share of the settlement will be spent. In late 2012, media reports said that former county Chair Jeff Cogen said the money would be used to help county homeowners who were subjected to non-judicial foreclosures involving MERS.
But [last week], current chair Deborah Kafoury said she hopes "we use these dollars to help with the very real and very personal affordable housing crisis in Mulntonah county."
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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