Chase Bank Mortgage Foreclosure Cases to Follow

Stodgy Bankers?

CHASE Bank Recent Court Cases Regarding Mortgage Foreclosures

Bakenie v. JPMorgan Chase, Case No. SACV12-0060 JVS

U.S. District Court, Central District of California (Santa Ana) 1/13/2012
Joseph Arthur Roberts, Newport Beach, CA, attorney for Ernest Bakenie

Plaintiff alleges that J P Morgan Chase is engaged in the business practice of deceiving bankruptcy judges, creditors, debtors, and attorneys as to Chase's status as a secured creditor in thousands of bankruptcy cases filed nationwide.

Through fabricated assignments, endorsements and affidavits that purport to transfer Deeds of Trust, notes and the rights to money due under thousands of non-negotiable promissory notes, Chase is playing "hide-and-seek" with debtors and judges.

Where are the wet signed notes and deeds that are stored in numerous locations? How many were tossed in the trash?

The complaint seeks an order vacating all Bankruptcy orders, claims and awards granted based on Chase's misrepresentations and deceptive business practices. A case to follow, anxious to learn the outcome? Is Jamie Dimon unfairly gaming the courts?

Naranjo v. SBMC Mortgage, 2012 U.S. Dist. LEXIS 103735, Case No. 11-cv-2229-L(WVG)  July 2012

M. James Lorenz, District Judge, U.S. District Court, Southern District of California
Penelope Bergman, Deborah Gutierrez, Los Angeles, CA, attorneys for Carmen Naranjo

"The allegation in this case is the assignment of the loan into the WAMU Trust was not completed by May 30, 2006 as required by the Trust Agreement. This allegation gives rise to a plausible inference that the subsequent assignment, substitution, and notice of default and election to sell may also be improper. Defendants wholly fail to address that issue. This reason alone is sufficient to deny Defendants' motion with respect to this issue."

Settled on June 21, 2013.

Other legal mortgage issues continue to haunt the banks:

Banks took short cuts to foreclose on owner occupants in cases still pending in California.

 Notice of default did not include a declaration required by Cal. Civil Code §2923.5

 MERS cases still churning in the court system

Time lines increased for lenders to make work outs

Values have increased perhaps getting some homeowners back into the black
Will Orange County's recovery be enough to stop foreclosures? The numbers of notice of defaults in Orange County, California have greatly reduced. This is due to values climbing.

What is APR?

WHAT IS APR?

The annual percentage rate (APR) is an interest rate reflecting the cost of a mortgage as a first   yearly rate.  This rate is likely to be higher than the stated note rate or advertised rate on    the mortgage because it takes into account points and other credit costs.  The APR allows   homebuyers to compare different types of mortgages based on the annual cost for each    loan.  The APR is designed to measure the “true cost of a loan.”  It creates a level playing   field for lenders and prevents lenders from advertising a low rate and hiding fees. Most lenders advertise rates with one point origination buried into the rate.

Your monthly payments are strictly a    function of the interest rate and the length of the loan.

Because different lenders calculate APRs differently, a loan with a lower APR is not exactly a better rate.  The best way to compare loans is to ask lenders to provide you with a good-faith estimate of their costs on the same type of program (e.g. 30-year fixed) at the same interest rate, on the same day around the same time. Rates change sometimes several times a day.  Then disregard the fees that are independent of the loan such as homeowners insurance, title fees, escrow fees, attorney fees, etc.  Then add up all the loan fees.  The lender that has lower loan fees has a cheaper loan than the lender with higher loan fees.

The following fees are generally included in the APR:
- Points – both discount points and origination points

I generally discourage borrowers from paying any more than a half a point. If you plan on staying in the property for at least five few years, paying a half a discount point to    lower the loan’s interest rate can be a good way to lower your required monthly loan payment.  If you  only plan to stay in the property for a year or two, your monthly savings is not be enough to recoup the cost of the discount points that you pay in cash or finance up-front
- Pre-paid interest.  The interest paid from the date the loan closes to the end of the month.

We lump our underwriting, processing, doc prep, DU or LP, flood, wire and others into a flat number of $1590.00. This makes it easier for a Borrower to compare the exact costs.
- Loan-processing fee
- Underwriting fee
- Document-preparation fee
- Private mortgage-insurance
- Tax service, flood certificate, wire transfers, email documents, all kinds of and a.. add a junk.

The following fees are sometimes included in the APR:
- Loan-application fee

The following fees are normally not included in the APR:
- Title or abstract fee
- Escrow fee
- Attorney fee
- Notary fee
- Document preparation (charged by the escrow or attorney agent)
- Home-inspection fees
- Recording fee
- Transfer taxes
- Credit report
- Appraisal fee

Please give me a bargain rate, a really cheap deal that I can trust

INTERESTING FACT: the APR on our 5 and 7 Year LIBOR loans the APR is lower than the actual rate.     Call me and ask why???  (949) 637-8190  Caroline Gerardo 

NMLS # 324982

7/22/13

S&P 500		1696.01
1y Treasury		0.09%
10y Treasury		2.48%
30y Treasury		3.55%
30y FXD		4.37%
30y FXD Jumbo		4.57%
Prime Rate		3.25%
6m LIBOR		0.397%
Bird houses because yes, APR is a bit boring have a great day

Mortgage Loans For Your Picket Fence House

Impatiens - love them because the snails in Orange County California Don't Eat Them

 Scroll down for my picket fence picks of the week.

 

Mortgage Loans: We Have Them All

80 15% No MI ~

Foreign National: Canadian, Australian, United Kingdom, etc. investment properties

Interest Only ~

Niche

FHA Fixed and Adjustable loans: 30 or 15 Year Fixed Rates and 1 Year 3 Year and 5 Year ARM’s

96.5% Purchase or 97.75% refinance

FHA 203k and 203k Streamline

FHA Police Officer, Firefighter and Teacher Next Door

VA Fixed and Adjustable Rates

VA interest rate reduction refinancing ( IRRRL ) LOANS

FHA Flipped Homes

Jumbo Super Jumbo

HOMEPATH – Fannie Mae purchased property no MI 97% loan

USDA RURAL HOUSING LOANS TO 100%

HARP unlimited LTV

Manufactured Homes

Purchase Close in 11- 15 Days

CAROLINE GERARDO ( C. G. Barbeau)

Cell: (949) 637-8190  7:00 AM – 7:00 PM 7 Days

Mortgage Banker          Fax: (949) 250-3938

20341 SW BIRCH STREET NEWPORT BEACH CA 92660  NMLS# 324982

Eye candy to reward you for stopping by:  Some images I took of entry gates, picket fences and curbside appeal

 

To Reward you some entry gates an picket fences I like this on with climbing rose is "ausbush" an Austin old heritage climber. They have added a hand painted address number and silly mailbox to make this feel warm. Corona Del Mar

 

 This iron gate has roses, geraniums and trumpet vines rambling around the posts. San Juan Capistrano

 Formal balanced composition- Big Corona Del Mar

Needs a little softening for me - north Laguna Beach

 Funky and fun red brick and bird houses and picket fence gate painted red for a punch of surprise

 

Happily Ever After Begins here...love this picket fence - Dana Point bluffs

Splashes of red and bright makes this black and white house cheerful. This picket fence also has trellis lattice to neatly train the roses over the entryway. This keeps the curbside appeal of the stark painted simple home feeling tidy.

 

For me this is ultimate curbside appeal- image this perennial garden. The soft mounds of daisies, lavender, herbs smell glorious and the winding gravel driveway might be in the south of France - Arles but no it's a  Laguna Beach cottage. This is so homey oh la la curbside appeal.

 

Bougainvillea and morning glory wave a welcoming hand at this entry

 Top of the World Laguna Beach

Herbs at the bottom, pots of herbs braced to the railing with burlap curtain for privacy. A country entryway that also has curbside appeal