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So, who did the deed? Milwaukee woman says she never sold her old house

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Coming off foreclosure and bankruptcy, Neva Swims did not plan on her friend, Gathan Anderson, to engineer the sale of her property for $1,000 to a defunct non-profit group.
Wochit

Facing foreclosure and bankruptcy, Neva Swims had a simple plan for the house she owned on N. 45th St. — she was just going to walk away and let the bank take it without a fight.

She did not plan on Gathan Anderson, a friend and disgraced ex-real estate broker, trying to engineer the sale of her property for $1,000 to Inner City Development Project Inc., a largely inactive nonprofit group.

Later that day, a deed filed in the courthouse indicates the house was sold again for $8,000 to a second entity — Saving Street Souls Inc. Records show both deeds were drafted and signed by Anderson, who listed himself as the agent for both groups.

But Inner City Development didn’t own the property.

Neither did Swims.

And the bank that did knew nothing about it.

It was another tale of people gaming the system by selling or renting properties they have no interest in.

MORE: Dream rental turns into house of horror for woman conned by bogus landlord

Swims, 50, had spent thousands of dollars improving the house and raised two children there over nearly two decades.She continued to rent the house out for a time after moving to a new place, but abandoned it when facing the foreclosure. 

JPMorgan Chase filed the foreclosure action in March 2016, but did not take title to the house until April 17 of this year — four days before a deed purporting to show Swims sold it herself was signed. 

“That’s not my damn signature,” Swims told Milwaukee Journal Sentinel reporters after they showed her a copy of a deed in which somebody signed her name.

Indeed, the hand-printed version of her name below the signature was misspelled as Swimms, with two m’s.

“I ain’t signed nothing,” Swims said during a half-hourinterview at her current home on the city’s northwest side. 

Though she lost the house in a foreclosure and sheriff’s sale days before the paperwork was filed, Swims was clearly infuriated that the house was priced at such a deep discount. 

“Are you serious?” Swims exclaimed when told the deed claims she was paid $1,000 for the property — a payment she said she never received. “The door is worth almost $1,000 on the front. Oh my God, he was trying to play me.”

The deeds stating the property was sold twice are known as a quit claim deeds.

In a quit claim transaction, the seller agrees to sell any interest he may or may not have in a property. A warranty deed, on the other hand, guarantees a buyer is receiving a clean title to a property. 

Theoretically, a person can use a quit claim deed to sell their nonexistent interest in the Brooklyn Bridge.  

Chase Bank remains the owner of the property that it purchased with the approval of Milwaukee County Circuit Court. The bank’s deed was filed with the Register of Deeds on April 24 — just 32 minutes before the deed claiming Swims had sold the house to Inner City Development was filed.

Swims paid about $43,000 for the four-bedroom house in 1997 and it is currently assessed at $51,200, according to city and county records. Swims estimated that a landlord could charge a monthly rent of about $1,000.

Past problems

Swims’ former house is one of at least three properties that records indicate were bought or sold by Inner City Development using quit claim deeds in deals Anderson engineered, a Journal Sentinel investigation found.

Anderson,44, gave up his real estate broker’s license under pressure from regulators in 2014, and is under investigation by Milwaukee police. He was arrested on suspicion of fraud in late September and spent two days in jail, but charges have not been filed. The investigation is continuing and sources say it involves numerous property sales.

MORE: Disgraced ex-real estate broker Gathan Anderson arrested on suspicion of theft by fraud

Last month, Robert Yorker, a 66-year-old retired factory worker sued Anderson and Inner City Development charging that a house he owned had twice been sold for $7,000 by the group. Anderson signed the deeds as the agent for Inner City Development.

MORE: Company linked to disgraced former real estate broker accused of fake home sales

Even the City of Milwaukee appears to have had a property it owns “sold” without its knowledge, city and county records show. 

That property, in the 2100 block of S. Fifth Place, was seized by the city in a tax foreclosure in June 2016. One year later, on June 12, 2017, Inner City Development Project sold it to Reggie Nash for $4,000, according to a quit claim deed filed with the county.

Nash feels betrayed.

He was buying the house for his ex-wife and the couple’s two children. Nash said he went to Anderson because Anderson claimed to run a nonprofit that bought and sold properties that had been foreclosed on by the city.

It wasn’t until after Nash paid the $4,000 and got the keys to the house that he called the city because he saw the property was still being listed for sale by the city.

“That’s when he found out everything that we know now,” said Claudia Nash, his ex-wife. ”We have no house and (we’re) out $4,000.”

Officials in the treasurer’s office and the Department of City Development said they were unaware that somebody with no interest in the house was trying to sell it.

“It’s interesting how they could do that without having ownership,” Deputy City Treasurer Jim Klajbor said when told of the supposed sale by the Journal Sentinel. ”With a quit claim deed it’s always buyer beware.”

Kevin Sullivan, an assistant city attorney, said the so-called sale has no effect on the city’s ownership of the property. 

Sullivan, Klajbor and City Treasurer Spencer Coggs each said they are not aware of anybody ever using a quit claim deed to try to sell a city property without the city’s knowledge.

“I’m aware anecdotally that there are people in the city doing this sort of thing” with privately owned properties, Sullivan said, adding that doing so ”is obviously fraud.”

Paperwork shows problems

At the heart of these deals involving Anderson is Inner City Development Project, which in its filings claims to be based at 2803 N. Teutonia Ave.

That’s the location of Coffee Makes You Black, a popular eatery.

Bradley Thurman, an owner of the restaurant and the building, said it has been several years since Inner City has been active or had permission to use his building’s address. 

“They don’t use that address anymore … it’s been a couple of years since they had changed the address,” said Thurman.

He noted his brother, Eugene Thurman, had been a driving force in Inner City Development until his death in 2013. 

Thurman said he did not realize that as recently as last year the group listed his building address on documents filed with the state Department of Financial Institutions, or that the group’s name was appearing on real estate deals.

“What it sounds like to me is there was a rogue operation by one or two people when they got into real estate and that’s probably what it amounted to,” said Thurman, who was a board member of the once-active Inner City Development operation. 

Founded in the 1960s, Inner City Development was a key player in the local war on poverty and a driving force on social justice and civil rights. Its causes included housing, inmate rights and helping treatment of drug addicts. 

By the 2000s, it had become less active, missing filing dates with corporate regulators and eventually losing its tax-exempt status in2015when the IRS stripped it of its standing as a charitable group for failing to file required financial documents.

State records show the group hasn’t filed income tax returns in at least four years.

The contact person for Inner City Development is listed in the group’s most recent annual report as Amun Bordain. He hung up when contacted by the Journal Sentinel and did not respond to emails.

Anderson was a board member in 2010, according to the group’s filings with the state. He rejoined the board in 2016, the records show.

Thurman recalled a dispute between Anderson and other board members that resulted in his leaving the board. Thurman said he did not recall the details. 

Anderson did not return calls or respond to a note left at his Milwaukee home.

Ministry left in the lurch

In the case of Swims’ house, Inner City Development tried to sell the property to Saving Street Souls, a ministry created by Henry Redd, the founder of Redd’s Snapper seafood restaurants in Milwaukee. 

Redd, 67, said the mission of his group is to provide a variety of services, including housing for veterans, the homeless and recently released convicts.

“I was a victim,” Redd said. 

Redd said he gave Anderson two guaranteed checks, one for $3,000 and the second for $5,000, to buy the house, which he planned to use to provide housing to veterans.

But after seeing somebody living in the house he thought he had bought, Redd said he demanded his money back. 

He was able to stop payment on the $3,000 check. He said the remaining moneywas repaid, in small increments, when he threatened to call authorities or go to court. He said he received the last payment on Oct. 11. 

“They say the lessons you learn that cost you the most, that are the most painful, you learn the most from,” said Redd. “I got burned because of my ignorance.”

The sales to Inner City Development and Saving Street Souls were done without the knowledge of Chase Bank, the lender that foreclosed on the property.

“We don’t see these schemes often, but when we do they generally fall apart,” Chase spokeswoman Christine Holevas said in an email.

In August, a Milwaukee County circuit judge issued an order  directing the sheriff to assist the bank in evicting any tenants from the property.

Swims said she recently saw some of her old 45th St. neighbors and they told her “there’s people moving in and out and in and out.”

News of the property sales caught Swims by surprise, but she said she was familiar with the workings of a quit claim deed.

Her guide: Gathan Anderson. 

“He tried to get me to do a quit (claim) deed,” Swims said. “I said, ‘No, I’m not going to do that.’”

The conversation came up when she told Anderson, a friend of 16 years, about her financial woes and her desire to stop being a landlord. Swims filed for bankruptcy in 2016.

“I was telling him what I was going through with the house,” she said. ”He brought the paper in.

“He wanted me to just sign it and he’d fill out everything.”

She refused.

Read the investigation

To read past stories in the Journal Sentinel’s Landlord Games investigation, go to jsonline.com/landlordgames.

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Article source: http://www.jsonline.com/story/news/investigations/2017/10/20/former-real-estate-broker-accused-selling-milwaukee-homes-without-owners-permission-milwaukee-woman/772183001/

‘Goonies’ gang charged with racketeering, weapons, drug sales

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For a group known to never say die, a few blue tarps and signs are quick to stop them dead in their tracks. The owner of the iconic Astoria, Oregon home, featured in the classic 80s film ‘The Goonies’ has decided to close the property to fans.
VPC

WHITE PLAINS, N.Y. — Eight members of the Mount Vernon-based gang known as the “Goonies” were indicted and charged with racketeering, narcotics and firearms offenses, according to the U.S. Attorney’s office

“The eight members and associates of a violent Mount Vernon street gang charged today engaged in attempted murder, drug dealing and firearms offenses,” Joon H. Kim, the Acting United States Attorney for the Southern District of New York, said in a prepared statement. “One of our most important missions, as federal prosecutors, is to investigate and prosecute street gangs that threaten our communities through violence and narcotics trafficking, as the Goonies allegedly did in Mount Vernon.”

The indictments name Markel Overton (also known as “Kellz”), Thomas Blanton (also known as “LT”), Marquis Collier (also known as “Keise”), Kadeem Dinham (also known as “Polo”), Donnie Dixon (also known as “Scooter”), Raheem Jones (also known as “Rah Trigger”), Jamaal Sinclair (also known as “Diggz”) and Noel Smith (also known as “Georgie”).

More: Man seeking YouTube fame accused of jumping White House fence dressed as Pokémon’s Pikachu

More: CIA dog loses interest in CIA explosives training, gets dropped from program

Members of the gang wore clothing emblazoned with the word “Goonies” or “GS” in order to identify each other, according to the indictment.

Goonies, a 1985 Steven Spielberg action film about kids seeking a hidden treasure to stop foreclosure of their home, featured actors Corey Feldman, Sean Astin and Martha Plimpton, among others. 

Officials say the Goonies gang operated in Mount Vernon over the last decade, committing or threatening acts of violence, including attempted murder and robbery, and possessing and selling drugs, including crack cocaine. 

“We are pleased that this is now coming to an end,” said Westchester County District Attorney Anthony A. Scarpino Jr.

Members of the gang face life in prison if convicted. 

The indictment comes a week after Jamel “Flynt” Upson, a main enforcer of the Goonies’ rival Boss Playa Family gang pleaded guilty to racketeering conspiracy in a series of shootings. Upson was indicted last year along with seven fellow gang members, at least five of whom have already pleaded guilty and been sent to prison.

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Mary Ellen Trainor, best-known for playing the mother in ‘The Goonies’ and a police psychiatrist in the ‘Lethal Weapon’ franchise, died at the age of 62.
USA TODAY

 

Article source: https://www.usatoday.com/story/news/nation-now/2017/10/19/goonies-gang-charged-racketeering-weapons-drug-sales/782558001/

How Enterprise Helped Relieve the Foreclosure Crisis

Today, with time and distance between then and now, we see a much different picture. Earlier this year, in their August Mortgage Monitor report, Black Knight Financial Services reported that foreclosure inventory hit a 10-year low.

Article source: https://www.huffingtonpost.com/entry/how-enterprise-helped-relieve-the-foreclosure-crisis_us_59ea6fd2e4b092f9f2419207

InCharge Debt Solutions Offers to Help Consumers Simplify Loan Payments

“We want to help the next generation of potential American homebuyers meet their future goals,” Etta Money.

InCharge Debt Solutions, a 501(c)(3) non-profit company, announced today that it is offering clients access to technology that helps them make loan payments on time and improve their financial health. Freddie Mac is providing a limited number of low- and moderate-income earners with access to EarnUp’s financial technology, which aims to reduce the likelihood of delinquency while improving savings opportunities.

“We’re pleased to offer this innovative solution to our clients,” said Etta Money, president and chief executive officer, with InCharge Debt Solutions. “We want to help the next generation of potential American homebuyers meet their future goals.”

Clients can manage all their loans in one place using EarnUp and receive personalized recommendations on how to pay down their debts. The technology also automatically withdraws money from the clients’ accounts on payday, breaking down expenses into bite-sized payments, which ensures that each person stays current on their loans and avoids late fees.

InCharge Debt Solutions is part of Freddie Mac’s network of 14 Borrower Help Centers and the national Freddie Mac Borrower Help Network. These housing counseling agencies support Freddie Mac’s commitment to preparing prospective home buyers for long-term sustainable homeownership and helping struggling borrowers, including those with Freddie Mac-owned mortgages, avoid foreclosure.

“The increasing rate of consumer debt and the low homeownership rate lead us to believe average Americans can use help managing their debts,” said Danny Gardner, vice president of affordable lending and access to credit in Freddie Mac’s Single-Family Business. “Offering free access to EarnUp’s technology is one of the many ways we’re building on our broader community mission, which includes our efforts to stabilize communities, responsibly expand credit and educate borrowers.”

“Our experience shows that people are more likely to stay current on their loan payments if we make it quick and easy for them to do so,” said Matthew Cooper, co-founder and CEO of EarnUp. “EarnUp is proud to be working with InCharge Debt Solutions and Freddie Mac to provide technology solutions that can help consumers improve not only their credit scores but also their overall financial health.”

News facts:

  • Twenty-two percent of adults say their monthly income varies occasionally, and 10 percent say their income often varies quite a bit from month to month, according to a May 2017 report by the Board of Governors of the Federal Reserve System. Fifteen percent of adults have multiple jobs, and 10 percent are self-employed, according to the same report.
  • Aggregate household debt increased in the first quarter of 2017 for the 11th consecutive quarter, finally surpassing the third-quarter 2008 peak of $12.68 trillion, according to the New York Fed’s Quarterly Report On Household Debt And Credit.
  • The U.S. homeownership rate was 63.7 percent in the second quarter 2017, compared to 62.9 percent in the second quarter 2016, according to the Census Bureau. American homeownership peaked at 68.9 percent in 2005.
  • Founded in March 2014, EarnUp enables payments to 5,000+ banks and loan servicing platforms via its proprietary secure network.
  • Ninety percent of EarnUp’s customers are low- and moderate-income earners, according to an internal study conducted by EarnUp.
  • Eighty-six percent of consumers are automating payments for the first time when they sign up with EarnUp.

InCharge Debt Solutions provides credit counseling, and housing counseling services to consumers and service members in need of financial literacy education, money management guidance, and help finding the right debt solution for their specific situation.

  • Credit Counseling: Certified credit counselors give free, confidential counseling (online or by phone) and offer an alternative to debt consolidation through debt management programs and free budgeting assistance. Call 800-565-8953.
  • Housing Counseling Services: Our Certified Housing Counselors can assist consumers with free foreclosure prevention counseling, mortgage scam assistance, pre-purchase counseling and first-time homebuyer education. Call 800-565-8953.
  • Online Counseling: Free, comprehensive web counseling provides budget building tool, analysis and available solutions from your computer. Visit http://www.InCharge.org.

About InCharge® Debt Solutions

Founded in 1997, InCharge® Debt Solutions is a leading 501(c)(3) non-profit, community-service organization offering confidential and professional credit counseling, housing counseling, debt management, bankruptcy education and general financial education to individuals seeking options to manage credit card debt and consolidate debt payment. The company, accredited by the Council on Accreditation (COA) and a member of the National Foundation for Credit Counseling (NFCC), interacted with over 1.6 million consumers in 2016.

EarnUp is a consumer-first platform that intelligently automates loan payments and identifies earning opportunities for the 200 million indebted Americans. EarnUp puts a few dollars aside for loans when consumers can afford it — then makes timely payments to help consumers save and get out of debt faster. Based in San Francisco, EarnUp is backed by prominent Venture Capital firms Blumberg Capital, Kapor Capital, Camp One Ventures, and Fenway Summer Ventures plus other leading angels and entrepreneurs. EarnUp is a winner of the prestigious Financial Solutions Lab in partnership with JPMorgan Chase Co. (NYSE: JPM) and the Center for Financial Services Innovation. For more information, visit http://www.earnup.com, email press(at)earnup(dot)com, and follow on Twitter @EarnUp.

Freddie Mac makes home possible for millions of families and individuals by providing mortgage capital to lenders. Since our creation by Congress in 1970, we’ve made housing more accessible and affordable for homebuyers and renters in communities nationwide. We are building a better housing finance system for homebuyers, renters, lenders and taxpayers. Learn more at FreddieMac.com, Twitter @FreddieMac and Freddie Mac’s blog.

# # #

Article source: http://www.prweb.com/releases/2017/10/prweb14823438.htm

Foreclosure executed by Grigsby – The Auburn Villager : Legals

MORTGAGE FORECLOSURE SALE

 

Default having been made in the payment of the indebtedness secured by that certain mortgage executed by Madonna H. Grigsby, and Jason D. Grigsby, wife and husband, originally in favor of Mortgage Electronic Registration Systems, Inc., as nominee for Countrywide Bank, FSB, on the 14th day of August, 2007, said mortgage recorded in the Office of the Judge of Probate of Lee County, Alabama, in Book 3494 Page 89; the undersigned The Bank of New York Mellon fka The Bank of New York, as Trustee (CWALT 2007-25), as Mortgagee/Transferee, under and by virtue of the power of sale contained in said mortgage, will sell at public outcry to the highest bidder for cash, in front of the main entrance of the Courthouse at Opelika, Lee County, Alabama, on November 30, 2017, during the legal hours of sale, all of its right, title, and interest in and to the following described real estate, situated in Lee County, Alabama, to-wit:

 

Lot 6, Buck Ridge Subdivision according to and as shown by that certain map or plat thereof of record in Town Plat Book 17 at Page 124 in the Office of the Judge of Probate of Lee County, Alabama.

 

Property street address for informational purposes:  2703 Old Columbus Rd, Opelika, AL  36804-8527

 

THIS PROPERTY WILL BE SOLD ON AN “AS IS, WHERE IS” BASIS, SUBJECT TO ANY EASEMENTS, ENCUMBRANCES, AND EXCEPTIONS REFLECTED IN THE MORTGAGE AND THOSE CONTAINED IN THE RECORDS OF THE OFFICE OF THE JUDGE OF PROBATE OF THE COUNTY WHERE THE ABOVE-DESCRIBED PROPERTY IS SITUATED.  THIS PROPERTY WILL BE SOLD WITHOUT WARRANTY OR RECOURSE, EXPRESSED OR IMPLIED AS TO TITLE, USE AND/OR ENJOYMENT AND WILL BE SOLD SUBJECT TO THE RIGHT OF REDEMPTION OF ALL PARTIES ENTITLED THERETO.

 

Alabama law gives some persons who have an interest in property the right to redeem the property under certain circumstances.  Programs may also exist that help persons avoid or delay the foreclosure process. An attorney should be consulted to help you understand these rights and programs as a part of the foreclosure process.

 

This sale is made for the purpose of paying the indebtedness secured by said mortgage, as well as the expenses of foreclosure.

 

The successful bidder must tender a non-refundable deposit of Five Thousand Dollars ($5,000.00) in certified funds made payable to Sirote Permutt, P.C. at the time and place of the sale. The balance of the purchase price must be paid in certified funds by noon the next business day at the Law Office of Sirote Permutt, P.C. at the address indicated below. Sirote Permutt, P.C. reserves the right to award the bid to the next highest bidder should the highest bidder fail to timely tender the total amount due.

 

The Mortgagee/Transferee reserves the right to bid for and purchase the real estate and to credit its purchase price against the expenses of sale and the indebtedness secured by the real estate.

 

This sale is subject to postponement or cancellation.

The Bank of New York Mellon fka The Bank of New York, as Trustee (CWALT 2007-25),

Mortgagee/Transferee

 

Pam King

SIROTE PERMUTT, P.C.

P. O. Box 55727

Birmingham, AL  35255-5727

Attorney for Mortgagee/Transferee

www.sirote.com/foreclosures

420316

 

The Villager

October 19, October 26, November 2, 2017

Article source: http://www.auburnvillager.com/legals/foreclosure-executed-by-grigsby/article_eb477846-b4de-11e7-b037-37180717926b.html

Feds, states crack down on student loan fraud

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The Public Service Loan Forgiveness Program began in 2007 for college grads who pay their student loans on time for 10 years and work in public service jobs.
Wochit

Student loan debt has ballooned in the past few years. The Federal Reserve reported recently that Americans owe more than $1.45 trillion in student loans, making it the second-largest segment of U.S. debt (second only to mortgages).

While many students are financing their college education through a mixture of scholarships, grants, loans, personal savings and help from their families, there can be a lot of confusion about the student loan process.

Related: Senior surprise: Student loans dragging down retirement

College education: Is going into debt worth it?

That confusion can make borrowers prone to being victimized by predatory companies, who make false promises of relief and assistance. That’s why federal and state regulators and private watchdog organizations are taking a team approach to battle a variety of frauds and scams directed at students and their families.

The Federal Trade Commission recently announced “Operation Game of Loans,” which included 36 separate actions, including seven FTC cases and other cases brought by chief law enforcement officers in 11 states and the District of Columbia. In total, the FTC reports, the scams collected about $95 million in illegal fees from consumers.

“Winter is coming for debt relief scams that prey on hardworking Americans struggling to pay back their student loans,” said Maureen K. Ohlhausen, FTC acting chairman. “The FTC is proud to work with state partners to protect consumers from these scams, help them learn how to spot a scam, and let them know where to go for legitimate help.”

Federal actions included cases brought against five companies, including California-based A-1DocPrep Inc., Alliance Document Preparation and Student Debt Relief Group; as well as Florida-based American Student Loan Consolidators and Student Debt Doctor. The companies have been charged with a variety of offenses.

For example, the FTC charged A1DocPrep with contacting consumers while claiming to represent the U.S. Department of Education, while “targeting distressed homeowners” and making false claims they could prevent foreclosure.

Others are charged with making false promises of loan forgiveness; charging illegal upfront fees to assist with reducing student loan balances; and collecting Social Security numbers and other sensitive information to be used to “hijack consumers’ accounts while cutting them off from their loan servicers or the U.S. Department of Education.”

In addition, the FTC announced they had sued two Florida-based operations that allegedly targeted borrowers with fraudulent or ineffective services, while collecting millions in fees.

While Mississippi was not among the states listed in the recent announcement, it’s likely that Mississippians have been victimized by these scams. To help consumers avoid becoming a victim of fraud, the FTC advises us to beware of promises that a company or organization can promise fast loan forgiveness, which often comes from a telemarketer, email or direct-mail piece that claims to be affiliated with the U.S. Government. Scammers can duplicate an official seal, so don’t be fooled.

“Consumers should never pay an upfront fee for help,” continues the agency, “and should not share their FSA ID — a username and password used to log in to U.S. Department of Education websites — with anyone.”

Borrowers can find out about — and apply for — deferment, forebearance or discharge programs for free directly from the U.S. Department of Education or their loan servicer.

For more information about repaying your student loans, visit https://studentaid.ed.gov/sa/repay-loans.

Contact Bill Moak at moakconsumer@gmail.com.

Article source: http://www.clarionledger.com/story/news/2017/10/20/feds-states-crack-down-student-loan-fraud/773872001/

Foreclosures remain well below peak

Despite the strength of the central Ohio housing market, Columbus-area foreclosure lawsuits rose during the third quarter compared to a year ago, according to Attom Data Solutions.

During the quarter, 556 foreclosure suits were filed in the 10-county central Ohio region, 23 percent more than the 452 filed a year earlier. 

Both figures, however, are exceptionally low. The 452 suits filed last year were the fewest filed in any quarter since 2007. The 556 filed this year are the second-lowest for a quarter.

The overall foreclosure trend remains well down from its peak in the first quarter of 2010, when 3,129 foreclosure suits were filed in central Ohio.

Nationally, foreclosure activity, including sheriff sales and bank repossessions, fell to an 11-year low during the 3rd quarter.

 

 

Article source: http://www.dispatch.com/entertainmentlife/20171019/foreclosures-remain-well-below-peak

BofA Judge Still Resists Erasing ‘Heartless’ Foreclosure Ruling …

A judge who imposed a $45 million penalty on Bank of America Corp. over a foreclosure on a California couple still isn’t ready to forget the case he described as a “Kafkaesque nightmare.”

U.S. Bankruptcy Judge Christopher Klein voiced exasperation Wednesday as the bank sought for the third time to win his approval of a confidential settlement that would nix the monetary penalty and also erase the 107-page ruling he issued in March detailing the bank’s “callous” and “cruel” treatment of the Sundquist family after they sought a mortgage modification.

Klein asked the bank’s attorney at a hearing in Sacramento: “Are you representing, ‘Oh, judge, we just get to erase the record whenever we want?” The judge said it looked to him like the bank was “holding the Sundquists hostage” by making the settlement contingent on the ruling being dismissed.

Jonathan Hacker, a lawyer for the bank, told the judge the concern is that the ruling could be used in other cases against the bank. Hacker agreed to consult with his client and let the judge know by day’s end about whether the bank will still honor the settlement if the judge refuses to dismiss the case entirely, including his March ruling.

‘Hero’ Judge Urged by Couple to Nix $45 Million BofA Penalty

The secrecy surrounding the terms of the settlement and the proposed erasure of the judge’s ruling have been a concern for a group of nonprofit consumer advocacy groups and five University of California law schools that were slated to receive $40 million in the award the judge issued in March.

Roger Heller, a lawyer for the non-profits, urged Klein not to strike the case from the law books, which would mean that other attorneys wouldn’t be able to cite it as a precedent.

“The opinion itself should certainly not be vacated or depublished or removed from the world,” Heller said.

Klein at one point quoted the late U.S. Supreme Court justice, Antonin Scalia, who said that ”public interest” sometimes outweighs a desire by adversaries to have a case vacated.

The couple, Erik and Renee Sundquist, stood to collect $5 million in punitive damages, plus about $1 million for their losses, including for emotional distress and their costs of suing Bank of America.

The Sundquists said in their Aug. 15 request to have the judgment thrown out and their lawsuit dismissed that it’s the only viable path for them to a meaningful recovery.

“It allows us to put an end to this nightmare that has permeated every aspect of our lives and that of our sons’ lives for so long,” Erik Sundquist said in a court filing. “I cannot even begin to articulate how important it is to me as a husband and a father to end this phase of our life and go forward.”

One of the couple’s attorneys told the judge at a previous hearing the proposed settlement provides “substantially more” than the $6 million the family would get from the court’s ruling.

In his March opinion, Klein faulted Bank of America for “institutional obstinance and dishonesty” and said its actions smacked of “cynical disregard for the law.”

“In the calculus of reprehensibility, Bank of America’s intentional conduct adds up to reckless and callous disregard for the rights of others,” Klein wrote.

The judge also said the the size of the punitive damages award against Bank of America was meant to “not be laughed off in the boardroom.”

The case is Sundquist v. Bank of America Corp., 14-02278, U.S. Bankruptcy Court, Eastern District of California (Sacramento).

    Article source: https://www.bloomberg.com/news/articles/2017-10-18/bofa-judge-still-resists-erasing-heartless-foreclosure-ruling

Foreclosure executed by Freeman – The Auburn Villager : Legals

MORTGAGE FORECLOSURE SALE

 

Default having been made in the payment of the indebtedness secured by that certain mortgage executed by Rufus D. Freeman, a single man, originally in favor of Real Estate Financing, Inc. , on the 28th day of June, 1989, said mortgage recorded in the Office of the Judge of Probate of Lee County, Alabama, in Book 1496 Page 339 and re-recorded in Book 1500 Page 001; having been assumed by Alyce L. Brinker via Warranty Deed with Assumption executed on September 27, 1990 and recorded in Book 1537, Page 312; the undersigned MidFirst Bank, as Mortgagee/Transferee, under and by virtue of the power of sale contained in said mortgage, will sell at public outcry to the highest bidder for cash, in front of the main entrance of the Courthouse at Opelika, Lee County, Alabama, on October 12, 2017, during the legal hours of sale, all of its right, title, and interest in and to the following described real estate, situated in Lee County, Alabama, to-wit:

 

Lot 6, Block E, Section Two, Crouch’s Subdivision of Canterbury Hills, lying in Section 7, Township 17 North, Range 30 East, Lee County, Alabama, according to a plat of survey prepared by F. Wayne Allen, R.L.S., Ala, Reg. No. 9534, dated June 15, 1989. A plat of said subdivision is filled for record in the Office of the Judge of probate of Lee County, Alabama in Plat Book 9 at Pages 35-36.

 

Property street address for informational purposes:  97 Lee Rd 0494, Phenix City, AL 36867

 

THIS PROPERTY WILL BE SOLD ON AN “AS IS, WHERE IS” BASIS, SUBJECT TO ANY EASEMENTS, ENCUMBRANCES, AND EXCEPTIONS REFLECTED IN THE MORTGAGE AND THOSE CONTAINED IN THE RECORDS OF THE OFFICE OF THE JUDGE OF PROBATE OF THE COUNTY WHERE THE ABOVE-DESCRIBED PROPERTY IS SITUATED.  THIS PROPERTY WILL BE SOLD WITHOUT WARRANTY OR RECOURSE, EXPRESSED OR IMPLIED AS TO TITLE, USE AND/OR ENJOYMENT AND WILL BE SOLD SUBJECT TO THE RIGHT OF REDEMPTION OF ALL PARTIES ENTITLED THERETO.

 

Alabama law gives some persons who have an interest in property the right to redeem the property under certain circumstances.  Programs may also exist that help persons avoid or delay the foreclosure process. An attorney should be consulted to help you understand these rights and programs as a part of the foreclosure process.

 

This sale is made for the purpose of paying the indebtedness secured by said mortgage, as well as the expenses of foreclosure.

 

The successful bidder must tender a non-refundable deposit of Five Thousand Dollars ($5,000.00) in certified funds made payable to Sirote Permutt, P.C. at the time and place of the sale. The balance of the purchase price must be paid in certified funds by noon the next business day at the Law Office of Sirote Permutt, P.C. at the address indicated below. Sirote Permutt, P.C. reserves the right to award the bid to the next highest bidder should the highest bidder fail to timely tender the total amount due.

 

The Mortgagee/Transferee reserves the right to bid for and purchase the real estate and to credit its purchase price against the expenses of sale and the indebtedness secured by the real estate.

 

This sale is subject to postponement or cancellation.

MidFirst Bank, Mortgagee/Transferee

 

The above mortgage foreclosure sale has been postponed until 11/30/2017 during the legal hours of sale in front of the main entrance of the courthouse in the City of Opelika, Lee County, Alabama.

Rebecca Redmond

SIROTE PERMUTT, P.C.

P. O. Box 55727

Birmingham, AL  35255-5727

Attorney for Mortgagee/Transferee

www.sirote.com/foreclosures

417717

 

The Villager

August 10, 2017, August 17, 2017, August 24, 2017 and October 19, 2017

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COMBINED NOTICE – PUBLICATION CRS §38-38-103 FORECLOSURE SALE NO. 17-0301

PUBLIC NOTICE

COMBINED NOTICE – PUBLICATION

CRS §38-38-103 FORECLOSURE SALE NO. 17-0301

To Whom It May Concern: This Notice is given with regard to the following described Deed of Trust:

On August 16, 2017, the undersigned Public Trustee caused the Notice of Election and Demand relating to the Deed of Trust described below to be recorded in the County of Chaffee records.

Original Grantor(s): Kenneth D Macnicol

Original Beneficiary(ies): Mortgage Electronic Registration Systems, Inc. as nominee for America’s Wholesale Lender

Current Holder of Evidence of Debt: M T Bank

Date of Deed of Trust: June 29, 2006

County of Recording: Chaffee

Recording Date of Deed of Trust: July 05, 2006

Recording Information (Reception No. and/or Book/Page No.): 359610

Original Principal Amount: $325,000.00

Outstanding Principal Balance: $274,765.85

Pursuant to CRS §38-38-101(4)(i), you are hereby notified that the covenants of the deed of trust have been violated as follows: failure to pay principal and interest when due together with all other payments provided for in the evidence of debt secured by the deed of trust and other violations thereof.

THE LIEN FORECLOSED MAY NOT BE A FIRST LIEN.

EXHIBIT A

A tract of land located in the Southwest Quarter of the Southwest Quarter (SW1/4SW1/4) of Section 10, Township 49 North, Range 8 East of the New Mexico Principal Meridian, in the Town of Poncha Springs, Chaffee County, Colorado, being more particularly described as follows:

Commencing at the Southwest corner (stone) of said Section 10; thence North 50 degrees 12′ East 1181.1 feet; thence South 73 degrees 17′ East 0.62 feet to the Easterly boundary of Chaffee County Road No. 115 (also known as Hot Springs Road), as said easterly road boundary is fenced, being the point of beginning of the tract herein described; thence proceeding around said tract South 73 degrees 17′ East 264.78 feet; thence South 10 degrees 18′ East 30.0 feet; thence East 154 feet; thence North 540.0 feet; thence North 88 degrees 39′ West 205.9 feet; thence North 53 degrees 26′ West 130.64 feet to the Easterly right-of-way boundary of U.S. Highway No. 285; thence South 01 degrees 30′ West along said easterly right-of-way 84.95 feet to the end of a curve on said easterly highway right-of-way, said curve having a radius of 1,005.0 feet and a chord which bears South 13 degrees 31’12″ West 418.59 feet; thence along the arc of said curve 421.68 feet to the said Easterly boundary of Chaffee County Road No. 115 (Hot Springs Road), as said easterly boundary is fenced; thence south 05 degrees 01’08″ West along said easterly county road boundary 25.19 feet to the point of beginning.

Also known by street and number as: 6115 Highway 285, Poncha Springs, CO 81242.

THE PROPERTY DESCRIBED HEREIN IS ALL OF THE PROPERTY CURRENTLY ENCUMBERED BY THE LIEN OF THE DEED OF TRUST.

NOTICE OF SALE

The current holder of the Evidence of Debt secured by the Deed of Trust, described herein, has filed Notice of Election and Demand for sale as provided by law and in said Deed of Trust.

THEREFORE, Notice Is Hereby Given that I will at public auction, at 10:00 AM on Wednesday, 12/13/2017, at Office of Public Trustee, 104 Crestone Avenue, Room 105, Salida, CO 81201, sell to the highest and best bidder for cash, the said real property and all interest of the said Grantor(s), Grantor(s)’ heirs and assigns therein, for the purpose of paying the indebtedness provided in said Evidence of Debt secured by the Deed of Trust, plus attorney’s fees, the expenses of sale and other items allowed by law, and will issue to the purchaser a Certificate of Purchase, all as provided by law.

First Publication 10/19/2017

Last Publication 11/16/2017

Name of the Publication Mountain Mail

IF THE SALE DATE IS CONTINUED TO A LATER DATE, THE DEADLINE TO FILE A NOTICE OF INTENT TO CURE BY THOSE PARTIES ENTITLED TO CURE MAY ALSO BE EXTENDED.

IF THE BORROWER BELIEVES THAT A LENDER OR SERVICER HAS VIOLATED THE REQUIREMENTS FOR A SINGLE POINT OF CONTACT IN SECTION 38-38-103.1 OR THE PROHIBITION ON DUAL TRACKING IN SECTION 38-38-103.2, THE BORROWER MAY FILE A COMPLAINT WITH THE COLORADO ATTORNEY GENERAL, THE FEDERAL CONSUMER FINANCIAL PROTECTION BUREAU (CFPB), OR BOTH. THE FILING OF A COMPLAINT WILL NOT STOP THE FORECLOSURE PROCESS.

Colorado Attorney General

1300 Broadway, 10th Floor

Denver, Colorado 80203

(800) 222-4444

www.coloradoattorneygeneral.gov

Federal Consumer Financial Protection Bureau

P.O. Box 4503

Iowa City, Iowa 52244

(855) 411-2372

www.consumerfinance.gov

DATE: 08/16/2017

DeeDee Copper, Public Trustee in and for the County of Chaffee, State of Colorado

By:/s/ DeeDee Copper

Public Trustee

The name, address, business telephone number and bar registration number of the attorney(s) representing the legal holder of the indebtedness is:

Karen J. Radakovich #11649

Frascona Joiner Goodman and Greenstein PC 4750 Table Mesa Drive, Boulder, CO 80305-5500 (303) 494-3000

Attorney File # FJGG 7192-10230

The Attorney above is acting as a debt collector and is attempting to collect a debt. Any information provided may be used for that purpose.

Article source: http://www.themountainmail.com/legals/article_86848916-b4c6-11e7-aab3-230074611332.html