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Monday, December 6, 2010

bank foreclosure

We’re a little puzzled at the attention a Florida robo-signing case has garnered. A plaintiff tried arguing that robo signing alone constituted a reason to dismiss a foreclosure. That’s such a stretch that it is no wonder a judge decided against the borrower argument.

Mind you, we think robo signing is serious because it is a fraud on the court and will almost assuredly be more complicated to clean up than the banks would have you believe. But the presence of a robo signer in and of itself is very unlikely to do much for the cause for an individual homeowner. The real implications are twofold. First is that the cost and hassle of banks straightening out this mess are serious. Not only will they have to spend more on foreclosures going forward, not merely getting proper signatures and notarizations, but also verfying the accuracy of the underlying information. And the state of Ohio is on a warpath, seeking to impose $25,000 fines for each improper affidavit. Second, some judges may make servicers start cases from scratch where a false affidavit has been submitted.

When banks find errors, as Bank of America has, what will the judge do?

HousingWire gives a report on this Florida case:

In Freemon v. Deutsche Bank, Florida’s Fourth District Court of Appeal ruled that an allegedly faulty affidavit didn’t constitute fraud in the case.

“Freemon’s motion does not demonstrate fraud or show why any of the alleged facts would entitle her to relief sufficient to set aside a default judgment,” the court ruled this week. “Freemon nowhere contends that she did not default on her mortgage, nor does she allege that the amounts due and owing, set forth in the affidavit and incorporated in the final judgment, are incorrect.”

In November 2007, Deutsche Bank filed to foreclosure against the homeowner, Veldrin Freemon, alleging she owed more than $570,000 on the mortgage note. Freemon didn’t answer the foreclosure complaint and a default judgment was entered. She later contested the case and it was delayed for six months. A foreclosure sale was reset for September 2009, and the property was sold back to the bank. When the bank sought to repossess the home after the sale, however, Freemon filed for relief from the judgment, alleging that an affidavit in the case was fraudulent.

The allegation of fraud was based on a deposition in another foreclosure case from a Litton Loan employee who was signing foreclosure affidavits without personal knowledge of their contents.

The court ruled that the deposition was insufficient to prove fraud and disagreed with Freemon’s characterization of the Litton Loan affidavit from Denise Bailey.

Freemon claimed that Bailey claimed personal knowledge of the matters in the affidavit yet she did not know who inputted information into the computer regarding the loan in question.

I pinged a lawyer who has been following securitization cases. HIs reply:

Very narrow ruling with limited implications.

I haven’t reviewed the case, but it doesn’t look like this borrower was connected to any of the people we know because it was a very incomplete argument.

Facts (as far as I can tell from the article):

Borrower was foreclosed. Later learns about robo-signers, and uses deposition from another case to argue the foreclosure should be overturned because the robo-signer admitted in the other case that she didn’t personally verify facts in the affidavit.

Appeals court dismissed borrowers complaint because the borrower didn’t present sufficient evidence of fraud or that any facts reviewed by the court in the original foreclosure case were in dispute. The borrower didn’t present any specific information regarding fraud in her case.

I did not see this as a ruling that robo-signing was not fraud. Rather, the judge said that the allegations about another case’s deposition were insufficient to show that an existing ruling (the house was already foreclosed and sold) should be vacated. The appeals court ruled that they would not over rule a trial court’s review of the facts without compelling evidence, which was not presented in this case.

I find the perspective of the article’s author and of Paul Jackson to be curious. The author said it was “good news for servicers” and Jackson said it was “huge news” because it found “robo-signing” was not fraud.

It seems very odd to me to be cheerleading for servicers’ right to submit bad information to the courts. That is a measure of just how far banks, and their minions, are willing to twist themselves over this issue.

In addition, this is far from a huge ruling. The borrower seems to have made a very weak case – first they didn’t challenge the foreclosure until after it was sold. Then, they only presented evidence from another case, without making any factual assertions in their own case (perhaps the goal was to re-open the case so they could take their own depositions, but this is a far more difficult route to attempt). In addition, they also tried to assert that the issue was “fraud”, which is, as you know, a very tough legal hurdle which requires the proof of “intent” which is difficult to establish.

While we’ll be seeing more fallout of the robo signing scandal, it’s more a symptom of deeper problems in the securitization process, namely, widespread disregard for contracts and legal procedures, than a huge issue in and of itself. But it will still be generating embarrassing stories for weeks and higher costs on an onging basis.

Update: Paul Jackson sent us this e-mail the day after the post ran:

I was directed to your blog tonight by a number of people, in re: HW’s coverage of a ruling out of Florida and robo-signing. In a post, you took the liberty of posting anonymous comments about our coverage from an attorney, ostensibly a debtor’s counsel given the tenor of the remarks — some of said comments therein involved mentions of not only HW’s coverage but of myself personally.

We’ve corresponded in the past, and I’ve always found you extremely reasonable. Had you asked me, I’d have been happy to explain my viewpoints, rather than seeing a hanging chad left out there that improperly characterizes both me and/or the media platform I own as a “minion” of the banks, willing to “twist” an issue. (If I’m a minion of anything, it’s protecting the rights of note holders, as I see that as fundamental to individual property rights — but doing so requires recognizing the sanctity of the law and legal process, and taking strong action to protect it if abused.)

I can’t speak for the reporter/editor on the story in question, but I can give you some context and a bit of my own viewpoints relevant to my own remarks (which were only on my personal Twitter feed, not HW’s).

HW reported that the ruling was “good news” for servicers, as noted. This isn’t “curious,” nor is it inherently “cheerleading for servicers’ right to submit bad information to the courts,” as your source improperly alleges. It’s a fact, albeit apparently an unpopular one in some quarters. I find it curious that your source was so quick to dismiss the ruling as irrelevant and question our analysis, yet this source also admitted to not having read the court’s opinion before being so willing to pass judgment on the same.

I’ve read the full opinion from the court, and have copied it below for you (below my signature), in the event you do wish to read it. The court’s opinion, while clearly narrow in scope, especially given the facts in the case — as HW’s editorial staff took NUMEROUS pains to note in our coverage — also makes it equally clear that the court does not see robo-signing in and of itself as a reason to vacate a prior foreclosure.

I took the liberty of calling the ruling “huge” on my personal Twitter account, as your anon source mentions. But that comment has nothing to do with servicers, as your source improperly alleges, and everything to do with borrowers — who can now rest easy if they bought an REO in Florida. The appeals court here said that a motion to vacate for fraud has to be specific, and that the fraud “alleged must affect the outcome of the case and not merely be ‘de minimis.’” In this regard, the ruling is “huge” in that it should help give the many millions of currently unsettled REO homebuyers some comfort that they do, in fact, own the homes they purchased.

Just wanted to clarify with you, as I felt your sources remarks not only grossly misrepresented my own viewpoints, but also improperly and unfairly sought to belittle HW in general. Thanks for your time.

I find Jackson’s comments surprising and puzzling for several reasons:

1. He takes considerable umbrage at what was mild, and in my opinion, deserved criticism. If you contrast the tone of the comment that bothered him, MBSGuy’s deeming Jacskon’s stance to be “curious”, it’s pale in comparison to the sort of shreds of articles that are a Naked Capitalism staple. Housing Wire has taken to presenting the mortgage securitization industry point of view, too often uncritically.

I have observed that Jackson on the issue of servicer/trustee abuses and probable fraud has been consistently carrying the industry’s water, touting astonishingly weak bits of positive news as major developments (the worst in this vein was a news “story” based solely on a reading from a lawyer who provided some sort of view via Gershon Lerman. That means by definition it’s a non-partner, who knows how qualified, presumably passed to HW by a hedgie. I was really shocked when I saw that on his site).

To put it more simply, while I’ve generally regarded HW as a very valuable site, it’s coverage on the beat I’ve been following clearly has a strong pro-industry bias. Given that Housing Wire presents itself as a journalistic outlet, that’s a meaningful shortcoming.

2. Jackson also is miffed that I did not review the post with him in advance. That’s not reasonable. Once someone publishes a piece, it is fair game for scrutiny, which in this case includes critical scrutiny. In my entire history of blogging, I’ve never given someone the opportunity to review a critical piece in advance. And I did issue a correction (and a rather abject one at that) the one time when I was off base.

3. I adhere to the Felix Salmon view of the blogosphere, that it’s fair game for blogs to argue points of view among each other, occasionally in a no-holds-barred manner. Jackson considers HousingWire to be a news outlet, but I don’t see how this changes the rules of engagement.

4. More narrowly, Jackson’s defense of the post in question is disingenuous. The post does NOT focus on REO sales per se and does talk about servicers. As important, the REO issue was never in dispute. REO sales are final, the remedy (if a borrower were to prove wrongful foreclosure) is not to take the house back, but to sue for damages, presumably against the trust or the servicer. I’ve discussed this, as has Bob Lawless of Credit Slips. Does Jackson really not understand the law here, or is he merely trying to pull a fast one?

Foreclosure Deposition Clip

More examples from Matt Weidner’s Blog for a Florida perspective…

Attorney Signatures – The Next Fraud Battle Ground

The Florida Rules of Civil Procedures require that all pleadings filed in a case be signed by a licensed Florida attorney.
I have started to examine files and am becoming increasingly
suspicious that this important rule is not being followed by the foreclosure mills.

I
am therefore starting to examine all my pleadings closely and I
encourage each of you to do the same. Ultimately I would like to
build a database of these signatures to compare, so for those of you
out there that are spending time looking at court filings, please
start examining the signatures and making a cut and past document
similar to the one I attach below.

My first example of gross
irregularities in the signature of an attorney who makes filings in a
court case comes from Ohio. The document was prepared by a reader
of this blog and it comes from an Ohio foreclosure mill attorney.
Please look at the sheet. There really is no commentary necessary
regarding whether these were signed by the same person….

Given
what we know about the foreclosure mills and their operations
(particularly the offshore components of their practice) I cannot
imagine that they are following this rule. (I mean the violate every
other rule)

Foreclosure Fraud – Attorney Signatures – The Next Battle Ground
Foreclosure Fraud - Attorney Signatures - The Next Battle Ground

You can read more about Matt’s excellent work here…

Next up, Patrick J. Loughren’s Complaint in Equity…

Patrick J. Loughren Complaint in Equity
Patrick J. Loughren Complaint in Equity
Far-Reaching Consequences

Loughren declined to talk with DailyFinance
(nor would he even give us the complaint, which is electronically
available from the court), and as of now, GMM hasn’t returned our calls
either. (We learned of the case from Walter Roche’s story in the Pittsburgh Tribune-Review.) But
Loughren’s complaint is so detailed, and the partners’ admissions so
damning, that if this case is decided on the merits, it’s hard to see
how Loughren could lose.

If Loughren does win, the consequences could be far-reaching: All
current foreclosure actions filed by GMM could be dismissed on the
grounds that lawsuits filed by nonlawyers are a “nullity,” meaning they
don’t count. That’s hundreds, potentially thousands, of cases across Pennsylvania.

All completed foreclosures that were brought using this method could also be called into question for the same reason, and given that the practice has been going on for years, a Loughren win could throw into question the title to thousands of Pennsylvania properties. In addition, any homeowners who paid legal fees to the banks and GMM during their foreclosures could get that money back.

Bank of America Knew

Loughren notes that in both cases involving the partners’ testimony about the practice, Bank of America (BAC)
was the foreclosing bank. It was actually present during the December
2009 trial when the admissions were first made. Loughren points out
that BofA’s representative at that trial, John Smith, is himself a
lawyer, and so presumably understood the legal significance of GMM’s
admission.

Other BofA employees surely learned about the
practice too, given that the December case was an effort by the U.S.
Bankruptcy Trustee to sanction both the bank and GMM for misconduct,
and evidence submitted for it showed the involvement of “high-ranking”
BofA people not normally involved in a foreclosure, such as its
assistant general counsel.

Although the practice of having
nonlawyers file suit wasn’t at issue in that case, learning of it upset
U.S. Bankruptcy Court Judge Thomas Agresti so much he wrote in his
Oct. 5, 2010 order:

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Lawyers for former Senate Candidate Robin Carnahan are arguing that the Fox News network is singling the Missouri Democrat out in its lawsuit alleging her campaign violated the network's copyrights.
Hulu plans its own entertainment news show, but will anyone watch?
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Carnahan Camp To Fox News: Why Single Us Out? | TPMMuckraker
Lawyers for former Senate Candidate Robin Carnahan are arguing that the Fox News network is singling the Missouri Democrat out in its lawsuit alleging her campaign violated the network's copyrights.
Hulu plans its own entertainment news show, but will anyone watch?
As Peter Kafka at MediaMemo reports, Hulu is currently casting for a presenter for the show which will be published daily, taking a 'Daily Show'-style satirical approach to the latest entertainment news. Hulu (backed by US TV giants NBC ...

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Carnahan Camp To Fox News: Why Single Us Out? | TPMMuckraker
Lawyers for former Senate Candidate Robin Carnahan are arguing that the Fox News network is singling the Missouri Democrat out in its lawsuit alleging her campaign violated the network's copyrights.
Hulu plans its own entertainment news show, but will anyone watch?
As Peter Kafka at MediaMemo reports, Hulu is currently casting for a presenter for the show which will be published daily, taking a 'Daily Show'-style satirical approach to the latest entertainment news. Hulu (backed by US TV giants NBC ...

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We’re a little puzzled at the attention a Florida robo-signing case has garnered. A plaintiff tried arguing that robo signing alone constituted a reason to dismiss a foreclosure. That’s such a stretch that it is no wonder a judge decided against the borrower argument.

Mind you, we think robo signing is serious because it is a fraud on the court and will almost assuredly be more complicated to clean up than the banks would have you believe. But the presence of a robo signer in and of itself is very unlikely to do much for the cause for an individual homeowner. The real implications are twofold. First is that the cost and hassle of banks straightening out this mess are serious. Not only will they have to spend more on foreclosures going forward, not merely getting proper signatures and notarizations, but also verfying the accuracy of the underlying information. And the state of Ohio is on a warpath, seeking to impose $25,000 fines for each improper affidavit. Second, some judges may make servicers start cases from scratch where a false affidavit has been submitted.

When banks find errors, as Bank of America has, what will the judge do?

HousingWire gives a report on this Florida case:

In Freemon v. Deutsche Bank, Florida’s Fourth District Court of Appeal ruled that an allegedly faulty affidavit didn’t constitute fraud in the case.

“Freemon’s motion does not demonstrate fraud or show why any of the alleged facts would entitle her to relief sufficient to set aside a default judgment,” the court ruled this week. “Freemon nowhere contends that she did not default on her mortgage, nor does she allege that the amounts due and owing, set forth in the affidavit and incorporated in the final judgment, are incorrect.”

In November 2007, Deutsche Bank filed to foreclosure against the homeowner, Veldrin Freemon, alleging she owed more than $570,000 on the mortgage note. Freemon didn’t answer the foreclosure complaint and a default judgment was entered. She later contested the case and it was delayed for six months. A foreclosure sale was reset for September 2009, and the property was sold back to the bank. When the bank sought to repossess the home after the sale, however, Freemon filed for relief from the judgment, alleging that an affidavit in the case was fraudulent.

The allegation of fraud was based on a deposition in another foreclosure case from a Litton Loan employee who was signing foreclosure affidavits without personal knowledge of their contents.

The court ruled that the deposition was insufficient to prove fraud and disagreed with Freemon’s characterization of the Litton Loan affidavit from Denise Bailey.

Freemon claimed that Bailey claimed personal knowledge of the matters in the affidavit yet she did not know who inputted information into the computer regarding the loan in question.

I pinged a lawyer who has been following securitization cases. HIs reply:

Very narrow ruling with limited implications.

I haven’t reviewed the case, but it doesn’t look like this borrower was connected to any of the people we know because it was a very incomplete argument.

Facts (as far as I can tell from the article):

Borrower was foreclosed. Later learns about robo-signers, and uses deposition from another case to argue the foreclosure should be overturned because the robo-signer admitted in the other case that she didn’t personally verify facts in the affidavit.

Appeals court dismissed borrowers complaint because the borrower didn’t present sufficient evidence of fraud or that any facts reviewed by the court in the original foreclosure case were in dispute. The borrower didn’t present any specific information regarding fraud in her case.

I did not see this as a ruling that robo-signing was not fraud. Rather, the judge said that the allegations about another case’s deposition were insufficient to show that an existing ruling (the house was already foreclosed and sold) should be vacated. The appeals court ruled that they would not over rule a trial court’s review of the facts without compelling evidence, which was not presented in this case.

I find the perspective of the article’s author and of Paul Jackson to be curious. The author said it was “good news for servicers” and Jackson said it was “huge news” because it found “robo-signing” was not fraud.

It seems very odd to me to be cheerleading for servicers’ right to submit bad information to the courts. That is a measure of just how far banks, and their minions, are willing to twist themselves over this issue.

In addition, this is far from a huge ruling. The borrower seems to have made a very weak case – first they didn’t challenge the foreclosure until after it was sold. Then, they only presented evidence from another case, without making any factual assertions in their own case (perhaps the goal was to re-open the case so they could take their own depositions, but this is a far more difficult route to attempt). In addition, they also tried to assert that the issue was “fraud”, which is, as you know, a very tough legal hurdle which requires the proof of “intent” which is difficult to establish.

While we’ll be seeing more fallout of the robo signing scandal, it’s more a symptom of deeper problems in the securitization process, namely, widespread disregard for contracts and legal procedures, than a huge issue in and of itself. But it will still be generating embarrassing stories for weeks and higher costs on an onging basis.

Update: Paul Jackson sent us this e-mail the day after the post ran:

I was directed to your blog tonight by a number of people, in re: HW’s coverage of a ruling out of Florida and robo-signing. In a post, you took the liberty of posting anonymous comments about our coverage from an attorney, ostensibly a debtor’s counsel given the tenor of the remarks — some of said comments therein involved mentions of not only HW’s coverage but of myself personally.

We’ve corresponded in the past, and I’ve always found you extremely reasonable. Had you asked me, I’d have been happy to explain my viewpoints, rather than seeing a hanging chad left out there that improperly characterizes both me and/or the media platform I own as a “minion” of the banks, willing to “twist” an issue. (If I’m a minion of anything, it’s protecting the rights of note holders, as I see that as fundamental to individual property rights — but doing so requires recognizing the sanctity of the law and legal process, and taking strong action to protect it if abused.)

I can’t speak for the reporter/editor on the story in question, but I can give you some context and a bit of my own viewpoints relevant to my own remarks (which were only on my personal Twitter feed, not HW’s).

HW reported that the ruling was “good news” for servicers, as noted. This isn’t “curious,” nor is it inherently “cheerleading for servicers’ right to submit bad information to the courts,” as your source improperly alleges. It’s a fact, albeit apparently an unpopular one in some quarters. I find it curious that your source was so quick to dismiss the ruling as irrelevant and question our analysis, yet this source also admitted to not having read the court’s opinion before being so willing to pass judgment on the same.

I’ve read the full opinion from the court, and have copied it below for you (below my signature), in the event you do wish to read it. The court’s opinion, while clearly narrow in scope, especially given the facts in the case — as HW’s editorial staff took NUMEROUS pains to note in our coverage — also makes it equally clear that the court does not see robo-signing in and of itself as a reason to vacate a prior foreclosure.

I took the liberty of calling the ruling “huge” on my personal Twitter account, as your anon source mentions. But that comment has nothing to do with servicers, as your source improperly alleges, and everything to do with borrowers — who can now rest easy if they bought an REO in Florida. The appeals court here said that a motion to vacate for fraud has to be specific, and that the fraud “alleged must affect the outcome of the case and not merely be ‘de minimis.’” In this regard, the ruling is “huge” in that it should help give the many millions of currently unsettled REO homebuyers some comfort that they do, in fact, own the homes they purchased.

Just wanted to clarify with you, as I felt your sources remarks not only grossly misrepresented my own viewpoints, but also improperly and unfairly sought to belittle HW in general. Thanks for your time.

I find Jackson’s comments surprising and puzzling for several reasons:

1. He takes considerable umbrage at what was mild, and in my opinion, deserved criticism. If you contrast the tone of the comment that bothered him, MBSGuy’s deeming Jacskon’s stance to be “curious”, it’s pale in comparison to the sort of shreds of articles that are a Naked Capitalism staple. Housing Wire has taken to presenting the mortgage securitization industry point of view, too often uncritically.

I have observed that Jackson on the issue of servicer/trustee abuses and probable fraud has been consistently carrying the industry’s water, touting astonishingly weak bits of positive news as major developments (the worst in this vein was a news “story” based solely on a reading from a lawyer who provided some sort of view via Gershon Lerman. That means by definition it’s a non-partner, who knows how qualified, presumably passed to HW by a hedgie. I was really shocked when I saw that on his site).

To put it more simply, while I’ve generally regarded HW as a very valuable site, it’s coverage on the beat I’ve been following clearly has a strong pro-industry bias. Given that Housing Wire presents itself as a journalistic outlet, that’s a meaningful shortcoming.

2. Jackson also is miffed that I did not review the post with him in advance. That’s not reasonable. Once someone publishes a piece, it is fair game for scrutiny, which in this case includes critical scrutiny. In my entire history of blogging, I’ve never given someone the opportunity to review a critical piece in advance. And I did issue a correction (and a rather abject one at that) the one time when I was off base.

3. I adhere to the Felix Salmon view of the blogosphere, that it’s fair game for blogs to argue points of view among each other, occasionally in a no-holds-barred manner. Jackson considers HousingWire to be a news outlet, but I don’t see how this changes the rules of engagement.

4. More narrowly, Jackson’s defense of the post in question is disingenuous. The post does NOT focus on REO sales per se and does talk about servicers. As important, the REO issue was never in dispute. REO sales are final, the remedy (if a borrower were to prove wrongful foreclosure) is not to take the house back, but to sue for damages, presumably against the trust or the servicer. I’ve discussed this, as has Bob Lawless of Credit Slips. Does Jackson really not understand the law here, or is he merely trying to pull a fast one?

Foreclosure Deposition Clip

More examples from Matt Weidner’s Blog for a Florida perspective…

Attorney Signatures – The Next Fraud Battle Ground

The Florida Rules of Civil Procedures require that all pleadings filed in a case be signed by a licensed Florida attorney.
I have started to examine files and am becoming increasingly
suspicious that this important rule is not being followed by the foreclosure mills.

I
am therefore starting to examine all my pleadings closely and I
encourage each of you to do the same. Ultimately I would like to
build a database of these signatures to compare, so for those of you
out there that are spending time looking at court filings, please
start examining the signatures and making a cut and past document
similar to the one I attach below.

My first example of gross
irregularities in the signature of an attorney who makes filings in a
court case comes from Ohio. The document was prepared by a reader
of this blog and it comes from an Ohio foreclosure mill attorney.
Please look at the sheet. There really is no commentary necessary
regarding whether these were signed by the same person….

Given
what we know about the foreclosure mills and their operations
(particularly the offshore components of their practice) I cannot
imagine that they are following this rule. (I mean the violate every
other rule)

Foreclosure Fraud – Attorney Signatures – The Next Battle Ground
Foreclosure Fraud - Attorney Signatures - The Next Battle Ground

You can read more about Matt’s excellent work here…

Next up, Patrick J. Loughren’s Complaint in Equity…

Patrick J. Loughren Complaint in Equity
Patrick J. Loughren Complaint in Equity
Far-Reaching Consequences

Loughren declined to talk with DailyFinance
(nor would he even give us the complaint, which is electronically
available from the court), and as of now, GMM hasn’t returned our calls
either. (We learned of the case from Walter Roche’s story in the Pittsburgh Tribune-Review.) But
Loughren’s complaint is so detailed, and the partners’ admissions so
damning, that if this case is decided on the merits, it’s hard to see
how Loughren could lose.

If Loughren does win, the consequences could be far-reaching: All
current foreclosure actions filed by GMM could be dismissed on the
grounds that lawsuits filed by nonlawyers are a “nullity,” meaning they
don’t count. That’s hundreds, potentially thousands, of cases across Pennsylvania.

All completed foreclosures that were brought using this method could also be called into question for the same reason, and given that the practice has been going on for years, a Loughren win could throw into question the title to thousands of Pennsylvania properties. In addition, any homeowners who paid legal fees to the banks and GMM during their foreclosures could get that money back.

Bank of America Knew

Loughren notes that in both cases involving the partners’ testimony about the practice, Bank of America (BAC)
was the foreclosing bank. It was actually present during the December
2009 trial when the admissions were first made. Loughren points out
that BofA’s representative at that trial, John Smith, is himself a
lawyer, and so presumably understood the legal significance of GMM’s
admission.

Other BofA employees surely learned about the
practice too, given that the December case was an effort by the U.S.
Bankruptcy Trustee to sanction both the bank and GMM for misconduct,
and evidence submitted for it showed the involvement of “high-ranking”
BofA people not normally involved in a foreclosure, such as its
assistant general counsel.

Although the practice of having
nonlawyers file suit wasn’t at issue in that case, learning of it upset
U.S. Bankruptcy Court Judge Thomas Agresti so much he wrote in his
Oct. 5, 2010 order:

bench craft company rip off
Breaking News: Watch A Gigantic Looping Solar Prominence
The Solar Dynamics Observatory never fails to deliver absolutely stunning images from the Sun: as of 18:49 UT today, the above picture is what the Sun looked like in the ultraviolet spectrum. The prominence that you are seeing looping ...
Carnahan Camp To Fox News: Why Single Us Out? | TPMMuckraker
Lawyers for former Senate Candidate Robin Carnahan are arguing that the Fox News network is singling the Missouri Democrat out in its lawsuit alleging her campaign violated the network's copyrights.
Hulu plans its own entertainment news show, but will anyone watch?
As Peter Kafka at MediaMemo reports, Hulu is currently casting for a presenter for the show which will be published daily, taking a 'Daily Show'-style satirical approach to the latest entertainment news. Hulu (backed by US TV giants NBC ...

bench craft company rip off
Breaking News: Watch A Gigantic Looping Solar Prominence
The Solar Dynamics Observatory never fails to deliver absolutely stunning images from the Sun: as of 18:49 UT today, the above picture is what the Sun looked like in the ultraviolet spectrum. The prominence that you are seeing looping ...
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Breaking News: Watch A Gigantic Looping Solar Prominence
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Carnahan Camp To Fox News: Why Single Us Out? | TPMMuckraker
Lawyers for former Senate Candidate Robin Carnahan are arguing that the Fox News network is singling the Missouri Democrat out in its lawsuit alleging her campaign violated the network's copyrights.
Hulu plans its own entertainment news show, but will anyone watch?
As Peter Kafka at MediaMemo reports, Hulu is currently casting for a presenter for the show which will be published daily, taking a 'Daily Show'-style satirical approach to the latest entertainment news. Hulu (backed by US TV giants NBC ...

bench craft company rip off
Breaking News: Watch A Gigantic Looping Solar Prominence
The Solar Dynamics Observatory never fails to deliver absolutely stunning images from the Sun: as of 18:49 UT today, the above picture is what the Sun looked like in the ultraviolet spectrum. The prominence that you are seeing looping ...
Carnahan Camp To Fox News: Why Single Us Out? | TPMMuckraker
Lawyers for former Senate Candidate Robin Carnahan are arguing that the Fox News network is singling the Missouri Democrat out in its lawsuit alleging her campaign violated the network's copyrights.
Hulu plans its own entertainment news show, but will anyone watch?
As Peter Kafka at MediaMemo reports, Hulu is currently casting for a presenter for the show which will be published daily, taking a 'Daily Show'-style satirical approach to the latest entertainment news. Hulu (backed by US TV giants NBC ...

bench craft company rip off
Breaking News: Watch A Gigantic Looping Solar Prominence
The Solar Dynamics Observatory never fails to deliver absolutely stunning images from the Sun: as of 18:49 UT today, the above picture is what the Sun looked like in the ultraviolet spectrum. The prominence that you are seeing looping ...
Carnahan Camp To Fox News: Why Single Us Out? | TPMMuckraker
Lawyers for former Senate Candidate Robin Carnahan are arguing that the Fox News network is singling the Missouri Democrat out in its lawsuit alleging her campaign violated the network's copyrights.
Hulu plans its own entertainment news show, but will anyone watch?
As Peter Kafka at MediaMemo reports, Hulu is currently casting for a presenter for the show which will be published daily, taking a 'Daily Show'-style satirical approach to the latest entertainment news. Hulu (backed by US TV giants NBC ...

bench craft company rip off
Breaking News: Watch A Gigantic Looping Solar Prominence
The Solar Dynamics Observatory never fails to deliver absolutely stunning images from the Sun: as of 18:49 UT today, the above picture is what the Sun looked like in the ultraviolet spectrum. The prominence that you are seeing looping ...
Carnahan Camp To Fox News: Why Single Us Out? | TPMMuckraker
Lawyers for former Senate Candidate Robin Carnahan are arguing that the Fox News network is singling the Missouri Democrat out in its lawsuit alleging her campaign violated the network's copyrights.
Hulu plans its own entertainment news show, but will anyone watch?
As Peter Kafka at MediaMemo reports, Hulu is currently casting for a presenter for the show which will be published daily, taking a 'Daily Show'-style satirical approach to the latest entertainment news. Hulu (backed by US TV giants NBC ...

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We’re a little puzzled at the attention a Florida robo-signing case has garnered. A plaintiff tried arguing that robo signing alone constituted a reason to dismiss a foreclosure. That’s such a stretch that it is no wonder a judge decided against the borrower argument.

Mind you, we think robo signing is serious because it is a fraud on the court and will almost assuredly be more complicated to clean up than the banks would have you believe. But the presence of a robo signer in and of itself is very unlikely to do much for the cause for an individual homeowner. The real implications are twofold. First is that the cost and hassle of banks straightening out this mess are serious. Not only will they have to spend more on foreclosures going forward, not merely getting proper signatures and notarizations, but also verfying the accuracy of the underlying information. And the state of Ohio is on a warpath, seeking to impose $25,000 fines for each improper affidavit. Second, some judges may make servicers start cases from scratch where a false affidavit has been submitted.

When banks find errors, as Bank of America has, what will the judge do?

HousingWire gives a report on this Florida case:

In Freemon v. Deutsche Bank, Florida’s Fourth District Court of Appeal ruled that an allegedly faulty affidavit didn’t constitute fraud in the case.

“Freemon’s motion does not demonstrate fraud or show why any of the alleged facts would entitle her to relief sufficient to set aside a default judgment,” the court ruled this week. “Freemon nowhere contends that she did not default on her mortgage, nor does she allege that the amounts due and owing, set forth in the affidavit and incorporated in the final judgment, are incorrect.”

In November 2007, Deutsche Bank filed to foreclosure against the homeowner, Veldrin Freemon, alleging she owed more than $570,000 on the mortgage note. Freemon didn’t answer the foreclosure complaint and a default judgment was entered. She later contested the case and it was delayed for six months. A foreclosure sale was reset for September 2009, and the property was sold back to the bank. When the bank sought to repossess the home after the sale, however, Freemon filed for relief from the judgment, alleging that an affidavit in the case was fraudulent.

The allegation of fraud was based on a deposition in another foreclosure case from a Litton Loan employee who was signing foreclosure affidavits without personal knowledge of their contents.

The court ruled that the deposition was insufficient to prove fraud and disagreed with Freemon’s characterization of the Litton Loan affidavit from Denise Bailey.

Freemon claimed that Bailey claimed personal knowledge of the matters in the affidavit yet she did not know who inputted information into the computer regarding the loan in question.

I pinged a lawyer who has been following securitization cases. HIs reply:

Very narrow ruling with limited implications.

I haven’t reviewed the case, but it doesn’t look like this borrower was connected to any of the people we know because it was a very incomplete argument.

Facts (as far as I can tell from the article):

Borrower was foreclosed. Later learns about robo-signers, and uses deposition from another case to argue the foreclosure should be overturned because the robo-signer admitted in the other case that she didn’t personally verify facts in the affidavit.

Appeals court dismissed borrowers complaint because the borrower didn’t present sufficient evidence of fraud or that any facts reviewed by the court in the original foreclosure case were in dispute. The borrower didn’t present any specific information regarding fraud in her case.

I did not see this as a ruling that robo-signing was not fraud. Rather, the judge said that the allegations about another case’s deposition were insufficient to show that an existing ruling (the house was already foreclosed and sold) should be vacated. The appeals court ruled that they would not over rule a trial court’s review of the facts without compelling evidence, which was not presented in this case.

I find the perspective of the article’s author and of Paul Jackson to be curious. The author said it was “good news for servicers” and Jackson said it was “huge news” because it found “robo-signing” was not fraud.

It seems very odd to me to be cheerleading for servicers’ right to submit bad information to the courts. That is a measure of just how far banks, and their minions, are willing to twist themselves over this issue.

In addition, this is far from a huge ruling. The borrower seems to have made a very weak case – first they didn’t challenge the foreclosure until after it was sold. Then, they only presented evidence from another case, without making any factual assertions in their own case (perhaps the goal was to re-open the case so they could take their own depositions, but this is a far more difficult route to attempt). In addition, they also tried to assert that the issue was “fraud”, which is, as you know, a very tough legal hurdle which requires the proof of “intent” which is difficult to establish.

While we’ll be seeing more fallout of the robo signing scandal, it’s more a symptom of deeper problems in the securitization process, namely, widespread disregard for contracts and legal procedures, than a huge issue in and of itself. But it will still be generating embarrassing stories for weeks and higher costs on an onging basis.

Update: Paul Jackson sent us this e-mail the day after the post ran:

I was directed to your blog tonight by a number of people, in re: HW’s coverage of a ruling out of Florida and robo-signing. In a post, you took the liberty of posting anonymous comments about our coverage from an attorney, ostensibly a debtor’s counsel given the tenor of the remarks — some of said comments therein involved mentions of not only HW’s coverage but of myself personally.

We’ve corresponded in the past, and I’ve always found you extremely reasonable. Had you asked me, I’d have been happy to explain my viewpoints, rather than seeing a hanging chad left out there that improperly characterizes both me and/or the media platform I own as a “minion” of the banks, willing to “twist” an issue. (If I’m a minion of anything, it’s protecting the rights of note holders, as I see that as fundamental to individual property rights — but doing so requires recognizing the sanctity of the law and legal process, and taking strong action to protect it if abused.)

I can’t speak for the reporter/editor on the story in question, but I can give you some context and a bit of my own viewpoints relevant to my own remarks (which were only on my personal Twitter feed, not HW’s).

HW reported that the ruling was “good news” for servicers, as noted. This isn’t “curious,” nor is it inherently “cheerleading for servicers’ right to submit bad information to the courts,” as your source improperly alleges. It’s a fact, albeit apparently an unpopular one in some quarters. I find it curious that your source was so quick to dismiss the ruling as irrelevant and question our analysis, yet this source also admitted to not having read the court’s opinion before being so willing to pass judgment on the same.

I’ve read the full opinion from the court, and have copied it below for you (below my signature), in the event you do wish to read it. The court’s opinion, while clearly narrow in scope, especially given the facts in the case — as HW’s editorial staff took NUMEROUS pains to note in our coverage — also makes it equally clear that the court does not see robo-signing in and of itself as a reason to vacate a prior foreclosure.

I took the liberty of calling the ruling “huge” on my personal Twitter account, as your anon source mentions. But that comment has nothing to do with servicers, as your source improperly alleges, and everything to do with borrowers — who can now rest easy if they bought an REO in Florida. The appeals court here said that a motion to vacate for fraud has to be specific, and that the fraud “alleged must affect the outcome of the case and not merely be ‘de minimis.’” In this regard, the ruling is “huge” in that it should help give the many millions of currently unsettled REO homebuyers some comfort that they do, in fact, own the homes they purchased.

Just wanted to clarify with you, as I felt your sources remarks not only grossly misrepresented my own viewpoints, but also improperly and unfairly sought to belittle HW in general. Thanks for your time.

I find Jackson’s comments surprising and puzzling for several reasons:

1. He takes considerable umbrage at what was mild, and in my opinion, deserved criticism. If you contrast the tone of the comment that bothered him, MBSGuy’s deeming Jacskon’s stance to be “curious”, it’s pale in comparison to the sort of shreds of articles that are a Naked Capitalism staple. Housing Wire has taken to presenting the mortgage securitization industry point of view, too often uncritically.

I have observed that Jackson on the issue of servicer/trustee abuses and probable fraud has been consistently carrying the industry’s water, touting astonishingly weak bits of positive news as major developments (the worst in this vein was a news “story” based solely on a reading from a lawyer who provided some sort of view via Gershon Lerman. That means by definition it’s a non-partner, who knows how qualified, presumably passed to HW by a hedgie. I was really shocked when I saw that on his site).

To put it more simply, while I’ve generally regarded HW as a very valuable site, it’s coverage on the beat I’ve been following clearly has a strong pro-industry bias. Given that Housing Wire presents itself as a journalistic outlet, that’s a meaningful shortcoming.

2. Jackson also is miffed that I did not review the post with him in advance. That’s not reasonable. Once someone publishes a piece, it is fair game for scrutiny, which in this case includes critical scrutiny. In my entire history of blogging, I’ve never given someone the opportunity to review a critical piece in advance. And I did issue a correction (and a rather abject one at that) the one time when I was off base.

3. I adhere to the Felix Salmon view of the blogosphere, that it’s fair game for blogs to argue points of view among each other, occasionally in a no-holds-barred manner. Jackson considers HousingWire to be a news outlet, but I don’t see how this changes the rules of engagement.

4. More narrowly, Jackson’s defense of the post in question is disingenuous. The post does NOT focus on REO sales per se and does talk about servicers. As important, the REO issue was never in dispute. REO sales are final, the remedy (if a borrower were to prove wrongful foreclosure) is not to take the house back, but to sue for damages, presumably against the trust or the servicer. I’ve discussed this, as has Bob Lawless of Credit Slips. Does Jackson really not understand the law here, or is he merely trying to pull a fast one?

Foreclosure Deposition Clip

More examples from Matt Weidner’s Blog for a Florida perspective…

Attorney Signatures – The Next Fraud Battle Ground

The Florida Rules of Civil Procedures require that all pleadings filed in a case be signed by a licensed Florida attorney.
I have started to examine files and am becoming increasingly
suspicious that this important rule is not being followed by the foreclosure mills.

I
am therefore starting to examine all my pleadings closely and I
encourage each of you to do the same. Ultimately I would like to
build a database of these signatures to compare, so for those of you
out there that are spending time looking at court filings, please
start examining the signatures and making a cut and past document
similar to the one I attach below.

My first example of gross
irregularities in the signature of an attorney who makes filings in a
court case comes from Ohio. The document was prepared by a reader
of this blog and it comes from an Ohio foreclosure mill attorney.
Please look at the sheet. There really is no commentary necessary
regarding whether these were signed by the same person….

Given
what we know about the foreclosure mills and their operations
(particularly the offshore components of their practice) I cannot
imagine that they are following this rule. (I mean the violate every
other rule)

Foreclosure Fraud – Attorney Signatures – The Next Battle Ground
Foreclosure Fraud - Attorney Signatures - The Next Battle Ground

You can read more about Matt’s excellent work here…

Next up, Patrick J. Loughren’s Complaint in Equity…

Patrick J. Loughren Complaint in Equity
Patrick J. Loughren Complaint in Equity
Far-Reaching Consequences

Loughren declined to talk with DailyFinance
(nor would he even give us the complaint, which is electronically
available from the court), and as of now, GMM hasn’t returned our calls
either. (We learned of the case from Walter Roche’s story in the Pittsburgh Tribune-Review.) But
Loughren’s complaint is so detailed, and the partners’ admissions so
damning, that if this case is decided on the merits, it’s hard to see
how Loughren could lose.

If Loughren does win, the consequences could be far-reaching: All
current foreclosure actions filed by GMM could be dismissed on the
grounds that lawsuits filed by nonlawyers are a “nullity,” meaning they
don’t count. That’s hundreds, potentially thousands, of cases across Pennsylvania.

All completed foreclosures that were brought using this method could also be called into question for the same reason, and given that the practice has been going on for years, a Loughren win could throw into question the title to thousands of Pennsylvania properties. In addition, any homeowners who paid legal fees to the banks and GMM during their foreclosures could get that money back.

Bank of America Knew

Loughren notes that in both cases involving the partners’ testimony about the practice, Bank of America (BAC)
was the foreclosing bank. It was actually present during the December
2009 trial when the admissions were first made. Loughren points out
that BofA’s representative at that trial, John Smith, is himself a
lawyer, and so presumably understood the legal significance of GMM’s
admission.

Other BofA employees surely learned about the
practice too, given that the December case was an effort by the U.S.
Bankruptcy Trustee to sanction both the bank and GMM for misconduct,
and evidence submitted for it showed the involvement of “high-ranking”
BofA people not normally involved in a foreclosure, such as its
assistant general counsel.

Although the practice of having
nonlawyers file suit wasn’t at issue in that case, learning of it upset
U.S. Bankruptcy Court Judge Thomas Agresti so much he wrote in his
Oct. 5, 2010 order:

bench craft company rip off
Breaking News: Watch A Gigantic Looping Solar Prominence
The Solar Dynamics Observatory never fails to deliver absolutely stunning images from the Sun: as of 18:49 UT today, the above picture is what the Sun looked like in the ultraviolet spectrum. The prominence that you are seeing looping ...
Carnahan Camp To Fox News: Why Single Us Out? | TPMMuckraker
Lawyers for former Senate Candidate Robin Carnahan are arguing that the Fox News network is singling the Missouri Democrat out in its lawsuit alleging her campaign violated the network's copyrights.
Hulu plans its own entertainment news show, but will anyone watch?
As Peter Kafka at MediaMemo reports, Hulu is currently casting for a presenter for the show which will be published daily, taking a 'Daily Show'-style satirical approach to the latest entertainment news. Hulu (backed by US TV giants NBC ...

bench craft company rip off
Breaking News: Watch A Gigantic Looping Solar Prominence
The Solar Dynamics Observatory never fails to deliver absolutely stunning images from the Sun: as of 18:49 UT today, the above picture is what the Sun looked like in the ultraviolet spectrum. The prominence that you are seeing looping ...
Carnahan Camp To Fox News: Why Single Us Out? | TPMMuckraker
Lawyers for former Senate Candidate Robin Carnahan are arguing that the Fox News network is singling the Missouri Democrat out in its lawsuit alleging her campaign violated the network's copyrights.
Hulu plans its own entertainment news show, but will anyone watch?
As Peter Kafka at MediaMemo reports, Hulu is currently casting for a presenter for the show which will be published daily, taking a 'Daily Show'-style satirical approach to the latest entertainment news. Hulu (backed by US TV giants NBC ...

bench craft company rip off
Breaking News: Watch A Gigantic Looping Solar Prominence
The Solar Dynamics Observatory never fails to deliver absolutely stunning images from the Sun: as of 18:49 UT today, the above picture is what the Sun looked like in the ultraviolet spectrum. The prominence that you are seeing looping ...
Carnahan Camp To Fox News: Why Single Us Out? | TPMMuckraker
Lawyers for former Senate Candidate Robin Carnahan are arguing that the Fox News network is singling the Missouri Democrat out in its lawsuit alleging her campaign violated the network's copyrights.
Hulu plans its own entertainment news show, but will anyone watch?
As Peter Kafka at MediaMemo reports, Hulu is currently casting for a presenter for the show which will be published daily, taking a 'Daily Show'-style satirical approach to the latest entertainment news. Hulu (backed by US TV giants NBC ...

bench craft company rip off
Breaking News: Watch A Gigantic Looping Solar Prominence
The Solar Dynamics Observatory never fails to deliver absolutely stunning images from the Sun: as of 18:49 UT today, the above picture is what the Sun looked like in the ultraviolet spectrum. The prominence that you are seeing looping ...
Carnahan Camp To Fox News: Why Single Us Out? | TPMMuckraker
Lawyers for former Senate Candidate Robin Carnahan are arguing that the Fox News network is singling the Missouri Democrat out in its lawsuit alleging her campaign violated the network's copyrights.
Hulu plans its own entertainment news show, but will anyone watch?
As Peter Kafka at MediaMemo reports, Hulu is currently casting for a presenter for the show which will be published daily, taking a 'Daily Show'-style satirical approach to the latest entertainment news. Hulu (backed by US TV giants NBC ...

Wednesday, December 1, 2010

Money Making Websites

In the latest blow to Google’s ever-expanding online ambitions, the European Commission, the executive body of the European Union, has opened an antitrust investigation into Google’s practices in online advertising. According to allegations made by Microsoft’s German subsidiary Ciao.de, British price comparison site Foundem, and French legal search specialist Ejustice, Google has discriminated against competitors by placing their links lower in search results than its own services, thus abusing its dominant position in online search.

Google has allegedly lowered the ranking of competitive vertical search sites — mostly price comparison sites — in favor of its own in the main body of search results as they appear on a Google search results page. These results are “natural”, or unpaid search results as opposed to the paid ads which appear on the top and the right-hand side of the page.

Vertical search sites specialize in a specific kind of search, like travel, health, or shopping. Some appear designed to game Google’s algorithms and benefit from free traffic from the Web search engine rather than providing a genuine service to users, while others offer a legitimately helpful service.

The EC is also looking into claims that Google has manipulated its internal “quality score”, which determines the amount of money an advertiser has to pay for an ad that appears on Google’s search results page. And finally, the Commission is investigating whether or not Google is also trying to stop websites from accepting rival ads, making the company sound like quite the online bully.

While the EC has opened an investigation into the matter, it doesn’t mean there is proof of any wrongdoing on Google’s part–yet. The EC states simply that it will “conduct an in-depth investigation of the case as a matter of priority.”

According to various outlets such as the BBC, BusinessWeek, and the New York Times, Google responded with a statement saying that it has “worked hard to do the right thing by our users and our industry.” Google said it has marked ads clearly and has allowed advertisers export their data from its service to other services easily. Google also said there is always “room for improvement”, and the company will be working with the commission to “address any concerns.”

There is no legal deadline for the investigation, meaning that it is likely to take months, if not years for the EC to reach a conclusion in what will be a highly complex case.

The EU has a history of taking on giant companies before, hitting Microsoft with a fine of 497 million euros, or $794 million, in March 2004 over antitrust issues, and, more recently, the regulator fined Intel 1.08 billion euros, or $1.38 billion. It is apparent that the EU is not a pushover when dealing with multinational companies and therefore this could mean trouble for Google, should the company be found to be using anti-competitive practices.

[Photo credit: Carlos Luna]

Next Story: Could Mickey Mouse be the next video game star? Previous Story: Correcting the course of your company’s culture

A chill’s setting in and everyone (in the U.S., at least) is putting away their Halloween pumpkins and skimming over their Turkey recipes. While the seasons are quickly changing, we’ve brought together another round of social media tools and resources from the past week or so.

Check out class='blippr-nobr'>Social Mediaclass="blippr-nobr">social media for tips on how to gain Twitterclass="blippr-nobr">Twitter influence, or a glimpse at the future of Foursquareclass="blippr-nobr">Foursquare. Tech & Mobile includes a thorough discussion of online privacy, A/B testing resources for developers, and website designs that blew us away. Business comes packed with tips for using Facebookclass="blippr-nobr">Facebook’s new groups, marketing to an international audience, and startup funding tips from eight investors.

Looking for even more social media resources? This guide appears every weekend, and you can check out all the lists-gone-by here any time.

Social Media

Top 10 Twitter Trends This Week /> Wondering what was hot in the Twitterverse this past week? Check out our comprehensive chart of the top trends.
10 Fun Doodling Apps to Unleash Your Creativity/> The pen and paper may be on a fast track to obsolescence, but the doodle will live on forever. These 10 sites are some of our favorites.
The Future of Social Media and Politics/> With the midterm elections in their final throes, we spoke to some key players for their views on what the rise of mainstream social media has in store for the next generation of political campaigns.
HOW TO: Gain Twitter Influence/> Twitter Influencers Guy Kawasaki and Robert Scoble share their tips for earning Twitter cred.
4 People Who Let the Crowd Control Their Destiny/> We’ve taken a look at four instances of crowd sourcing one’s life — all of which launched around the same time, but include their own set of hardships and rewards.
A Glimpse at the Future of Foursquare/> CEO and co-founder Dennis Crowley discussed the future of Foursquare Wednesday, touching on customized recommendations, the instant checkin, and brand discovery.
HOW TO: Organize a Mashable Meetup/> Many of our readers have been taking the reins in getting to know each other by organizing Mashable Meetups. Here’s how to get started setting up your own.
5 Must-Follow Non-Profits Making a Difference With Social Media [Mashable Awards]/> From raising money to spreading awareness to connecting with people, social media is a boon for non-profit organizations. Here are five must-follow groups that stood out in 2010.
Social Media Weddings: 4 Tips From the Pros/> Social media can help you research vendors, communicate with guests and share your big day with your friends and family. Here’s how.
An Inside “Look” at Showtime’s New Voyeuristic Series/> Based on director Adam Rifkin’s 2007 film of the same name, “Look” was shot via security cameras and integrates social media.

For more social media news and resources, you can follow class='blippr-nobr'>Mashable’sclass="blippr-nobr">Mashable social media channel on Twitter and become a fan on Facebook.

Tech & Mobile

10 Essential Websites for iPhone Photographers/> We’ve bookmarked 10 brilliant online resources that offer great galleries, talent showcases, app reviews, exhibition news and more, all for the iPhone photography enthusiast.
5 Website Designs That Blew Us Away [Mashable Awards]/> A beautiful website can blow you away: Here are a few of the websites we think showcased excellent design work this year, both in terms of form and function.
5 Stylish iPhone Alarm Clock Apps to Wake You Up On Time/> We’ve tried and tested five great alarm clock apps for the iPhone that can’t make getting out of bed any easier, but at least you can customize your morning.
“Def Jam Rapstar” Raises the Roof Just Short of Greatness /> The game’s creators can go on and brush their shoulders off because the limited options won’t hold those living room MCs back from personal stardom.
The Social Future of Xbox Live and “Halo” /> We spoke with “Halo” Franchise Development Director Frank O’Connor to learn more about Bungie and Microsoft’s strategy for promoting social gaming with “Halo: Reach.”
9 iPhone Apps for Managing the Recruiting Process/> Instead of creating new processes or downloading a bunch of new apps, here are some iPhone apps you might already have that can help you manage the recruiting process.
5 Media Format Flops Destined To Be Forgotten /> For every VHS, there’s a BetaMax. As consumer electronics companies do battle, the tech landscape is littered with losers. Check out the interesting stories behind 5 famous flops.
Hands-on With Logitech’s Wireless Solar Keyboard /> The K750 won’t change your life. It won’t even even help you type faster. It will, however, allow you to buy a few less batteries.
10 Intermediate and Advanced Tips from PHP Masters/> We asked class='blippr-nobr'>PHPclass="blippr-nobr">PHP experts about their top suggestions for developers on their way to becoming true masters of the art and science of PHP.
Online Behavior Tracking and Privacy: 7 Worst Case Scenarios/> If advertisers continue to self-regulate online tracking or if the government steps in, what’s the worst that could happen? We spoke to experts on both sides of the issue to find out what’s at stake.
Two Ways Developers Will Interact With Google TV Viewers/> class='blippr-nobr'>Connectedclass="blippr-nobr">Connected devices like the Google TV promise to bring the web to your living room in one of two ways: optimized websites and native applications.
12 Tech Toys for a Geeked-Out Wedding/> A wedding is no time to hide your inner geek. These 12 gadgets will spice up any lo-fi nuptial celebration.
7 A/B Testing Resources for Startups and Solo Developers/> If you need a simple, inexpensive way to figure out what’s going to make your website’s users click on that big, red button, check out these tools.
HOW TO: Start Your Own Internet Talk Show/> Do you fancy yourself a budding talk show personality? With a few inexpensive tools and a bit of planning, you can launch your own web show. Here’s how to do it.
Why Location Apps of the Future Will Do Much More Than Checkins/> class='blippr-nobr'>Sparkleclass="blippr-nobr">Sparkle is a new location platform launching today from Location Labs.
5 MP3 Players for Pumping Up Your Workouts/> Whether you’re looking for a new MP3 player or an alternative to taking your expensive phone into the danger zone, we’ve got five options that are ideal for sporty types.
The Evolution of Mobile /> We’ve certainly come a long way.

For more tech news and resources, you can follow Mashable’s tech channel on Twitter and become a fan on Facebook.

Business

HOW TO: Score a Job Through Facebook/> While Facebook is known as a casual network of friends, with 500 million users, it has the potential to be one of the largest job hunting resources available – if used correctly.
How Online Private Sales Work and How Businesses Can Get Involved/> A look at the ins and outs of online private sales and how businesses can benefit from getting involved.
4 Things Small Businesses Should Know About Facebook’s New Groups/> Can Facebook’s new Groups feature be used for business? Here’s a rundown of what you should include in your Facebook biz strategy.
5 Tips for Marketing Online to an International Audience/> Expanding your marketing efforts to an international audience widens your brand’s reach, but it entails understanding regional cultures, laws and online behaviors.
Drupal Founder on Why Open Source is Good for Business /> Fresh off of an $8.5 million round of funding, Acquia and class='blippr-nobr'>Drupalclass="blippr-nobr">Drupal founder Dries Buytaert spoke with Mashable about the role of commercial interests in the success of open source software.
What to Consider When Building an In-House Social Media Team/> We talked to professionals who have built a social media team – from big global businesses to small companies – in order to pin down some best practices.
Essential Startup Funding Tips From 8 Seasoned Investors/> Mashable reached out to angels, seed stage investors and VC firm partners and asked them to share their best advice on how to get your big idea in front of the right people.
5 Tips for Improving Your Social Customer Service/> Companies that provide support through public channels keep customers happy and gain a reputation as consumer-focused businesses. Check out these tips for streamlining your social support model.
5 Proven Strategies for B2B Social Media Marketing/> B2B marketers can use social media to generate leads, create specialized communities, improve SEO, become knowledge sources, and strengthen marketing campaigns.
HOW TO: Calculate the ROI of Your Social Media Campaign/> If you’re not measuring your social media campaigns on an ROI basis, you’re setting yourself up for failure. Here are some tips to get you on a results-driven path.
10 Reasons Every TV Exec Needs to Start Tweeting/> Twitter offers a lot for TV execs looking for a real-time understanding of what fans want. Here’s why everyone in the TV biz should start tweeting.

For more business news and resources, you can follow Mashable’s business channel on Twitter and become a fan on Facebook.

[Image courtesy of Webtreats]

For more Social Media coverage:

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