NY Judge Gets It

This link to Livinglies by Neil Garfield is a must read.  It needs no further commentary from me.

Editor’s Note: For those who are dubious about the legal positions and theories suggested in this blog, this case will be at least somewhat instructive. It is not just a technicality. It is reality. Nobody on the lender’s side can actually trace your note and mortgage to the real party in interest or anyone with actual personal knowledge of the assignments or the effect of those assignments.

This goes directly to the the issue of denying that payment was not made and the affirmative defense that the entire mortgage was prepaid by a third party who does not have any security rights in the property, was not disclosed to the borrower, and who possesses other assignments and cross guarantees through which payments were made, part of which was attributable to the revenue that was assigned.

Read the Full Ruling…click here

Published in: on November 7, 2009 at 4:01 PM Leave a Comment

The Game: Taking Away People’s Homes

We have experienced the greates transfer of wealth in the history of this nation and perhaps the world.  the biggest game of Monopoly ever except the banks get to keep “the get out of jail card free” for the entire game.

We were like kids in a candy store who were told “you can have whatever you want”.  We did!  As the old but relatively recent Chase Credit Card ads said, “i want it all and I want it now”.  The ad was for you to use your credit card to buy something you really didn’t need and really could not afford.

So too with homes.  The banks lured us into believing we could buy homes we could not afford.  They created – let me say again – THEY CREATED – the programs making it possible for us to qualify.  They approved – let me say again – they apporved our loans and funded them.  I, as a mortgage broker wondered why they were doing this.  I know and “they” knew that many of these loans would go bad.  (Note:  We never made loans beyond what people could really afford).

In court encounters, Goldman and other Wall Street firms have faced the impact of their own wheeling and dealing. Many of the families being put on the street never would’ve gotten their big mortgages if investment banks hadn’t provided a seemingly insatiable secondary market for millions of loans to marginally qualified buyers. ….(from McClatchy in article linked below)

What I didn’t know is that they had a grander plan.  Not only were they making billions selling our mortgage notes to unwary investors around the globe – using fraudulent AAA ratings – but as it turns out and is being proven, they are making more billions by “stealing” our homes. 

The banks crashed the economy and brought us to the brink of a Greater Depression all the while raking in as much cash as they could (transferring wealth).  Now, that there is little or no cash available the only other thing that is left is assets – mainly homes and other real estate. 

This was a plan executed with the full knowledge of our government who deregulated and turned the other way even when there was regulation.

Then the banks that made billions claimed they were broke.  No one ever asked them what happened to all those billions they made.  But of course, they all have overseas operations and I bet those bank accounts are pretty fat. 

As we all know, there is no real effort on the part of any bank to modify or work out a loan.  Their only purpose is to foreclose using any means – legal or illegal – to do so.

Here is just one more example of what is going on.  In an article published n McClatchy titled, “Goldman takes on new role: taking away people’s homes” evidence is presented to subtantiate teh title.

The couple alleges that Goldman declined for three years to confirm their suspicions that it had bought their mortgages from a subprime lender,

When a mortgage is sold the homewoner – borrower – must be notified.  Goldman obviously violated this requirement.

…even after they wrote to Goldman’s then-Chief Executive Henry Paulson — later U.S. Treasury secretary — in 2003.

What did then CEO Paulson know about the plan that he so readily and shadily executed as Treasury Secretary?

Unable to identify a lender, the couple could neither capitalize on a mortgage hardship provision that would allow them to defer some payments, nor on a state law enabling them to offset their debt against separate, investment-related claims against Goldman.

It seems to me their rights were violated as our rights are being violated today in most foreclosures.

Read the full story…click here

Today, banks are saying they are buying mortgage notes but never seem to say from whom and provide a paper trail – chain of title.

Let me tell you a quick story of a friend who is in foreclosure.  The Plaintiff is Chase Home Loans, LLC, self acknowledged to be “the servicing company”.

In their initial complaint (foreclosure filing) they included a copy of the mortgage obviously obtained from public records and a copy of the mortgage note.  In their initial filing with the court, they included a “Lost Note Affidavit” asking the court to allow them to re establish the note they claimed to have had possession and ownership of.  They claimed the note was “lost, stolen or destroyed”. (As one judge in NY said to a banks attorney’s, “was it lost, was it stolen or was it destroyed?  You should know which one it was as it could not be all of them”)

Then when the Defendant, Pro Se,  filed his Motion To Dismiss for lack of standing, Chase Home Loans, LLC filed a Motion that included another copy of the mortgage note but this time the copy had an endorsement in blank on it.  They claimed that having the note with a blank endorsement in effect gave them the right to foreclosure.

BUT WAIT A MINUTE HERE! They said they did not have the note because it was “lost, stolen or destroyed”.  So where did this one come from and how did it get the endorsement on it that the copy filed with the court originally DID NOT HAVE?  Could this possibly be Fraud on the Court?

Now it gets even better.  The Defendant received a letter from Chase Home Loan, LLC (as did another person I know) saying that Chase Home Loan, LLC purchased their mortgage note and now was the owner and holder and had the standing to foreclosure.

Hold on just a minute there Mr. Chase.  You initially said that you had and owned the note but couldn’t find it.  Then you produced the note with a blank endorsement on it saying it was like a bearer bond so you now had th rights to it.  Now you say you just bought it! 

Why would you buy something you already owned and had evidently mysteriously found?  The other question is why would you buy a mortgage note that was in foreclosure on a property you know is not worth what is owed on it?  And lastly, who did you buy it from and can you produce a bill of sale or some documentation that must exist for a purchase of a note?

If this doesn’t smell and look like fraud then George Washington’s white horse was not really white.

Let’s paraphrase all this:

You had the note but lost the note then the note was stolen and was also destroyed.

You found the note – a different copy of the note so you must have found the note that was destroyed.

Then you bought the note when you had the note that was lost, stolen or destroyed.

Now you have the note which you had before with new endorsement stamps on it that got there by the theives that stole it from you to begin with who just steal the notes to stamp the notes that were lost or stolen.

Too add insult to injury in Chase the servicing company as Plaintiff’s last filing – an affidavit of fees – they again admit in this document that they are “the servicing company”But if you bought the note would you not then state you were also the owner?

Banks are stealing our properties.  In another post we will discuss how the banks are taking the properties at the auction sales, paying no money for them getting the properties back with zero dollars.  Remember, that the bank that made you the loan DID SELL THE LOAN as a security to investors.  They got paid back for the money you borrowed – IN FULL plus.

Let me know if you are facing foreclosure against Chase Home Loans, LLC.

Editors Note:  This is not meant to be legal advice or opinion.  You should seek the advice and opinion of a licensed attorney. 

Published in: on November 3, 2009 at 11:58 PM Comments (1)

L. Fitzgerald, Pro Se…continued

L. Fitzgerald again added a comment to my previous post about him.  Again, I feel it worth while to re print it as a Post.  While some of his accusations may be somewhat harsh and accusatory, he is living through what many others in this country are experiencing – an  illegal foreclosure.

As I have always said, “Tow Wrongs Don’t Make a Right” and “The Law is the Law For Everyone”.

The foreclosure mill law firm he is talking about may just be oerating outside of the law, the Florida Statures and the Florida Rules of Civil Procedure.  Unfortunately, many judges in our system allow these abuses.  Some like Judge Shack in New York and Judge Boyko in Ohio do not.  They and several others just like them are serving justice not serving the banks.

Now, In His Own Words…L. Fitzgerald”

Living in Florida …and being foreclosed on by the infamous ” Florida Default Law Group ” . I am sure there are thousands of homeowners who have been victims of the ” FDLG “.

This Foreclosure Mill is a very active user of Note’s and assignments fabrications, …misleading motions , misrepresentations of evidence , false affidavits ….
In my opinion they are a white collar criminal organization ..working for the Wall Street Banksters ..no better than a Sopranos Mafia operation.

I am happy to announce : that the Florida Attorney General Economic Crimes Div. is investigating them .

Call the direct line . (954) 712-4625 , and request your on line affidavit form , and file your compliant .
Help the A.G. put these crooks & thieves behind Bars.
See a copy of the A.G. letter :

Re: Florida Default Law Group
To Whom It May Concern:
The Office of the Attorney General for the State of Florida is actively investigating Florida Default Law Group, pursuant to Florida’s Deceptive and Unfair Trade Practices Act for compliance with Fla. Stat. 501.1377 concerning mortgage rescue and mortgage loan modification. If you have a complaint regarding Florida Default Law Group, we request that you please complete the enclosed affidavit complaint form.

While our office cannot determine at this time where our investigation will ultimately lead, the information which you provide will assist us in determining the most appropriate course of action.

Sincerely,

Economic Crimes Division
Office of the Attorney General
110 S.E. Sixth Street
Ft. Lauderdale, Florida 33301

(954) 712-4625 direct line

L

Banks and the law firms they employ feel that they are above the law.  Their attitude to the court is “We are the Bank and as such you must believe what we say.  We don’t have to prove anything because we are the “bank”.”

The banks caused this situation, put this country into an economic tailspin and millions of Americans into foreclosure.  Instead of trying to work with people, they are stealing their homes for even greater profits down the road.

Remember the words of the one that created the Central Banking System – we call The Federal Reserve,

“Let me control the money of a nation and I care not who makes its laws” – Meyer Rothschild.

While he is long gone, his heirs continue his plan.  Rothschild established JP Morgan in the banking business as well as several other people and the companies they led and are still in business and power today.

Thank you Mr. Fitzgerald for sharing your story with us.

Published in: on October 30, 2009 at 7:14 PM Comments (2)

L. Fitzgerald, A Pro Se Defendant…in his own words

L. Fitzgerald is fighting his foreclosure on his own.  He left this most recent comment here and I thought it important enough to reprint it as a post.  He has some very good advice and some very good information.

The best advice, of course is to consult an attorney who knows how to defend against unlawful foreclosures.  As he says, it is a growing profession.  Most famous of these attorneys is April Charney, a legal aid attorney in Jacksonville, FL.  She sees the injustice and is doing something about it.  she not only holds seminars for individuals, she also holds seminars for attorneys teaching them in great detail how to defend people in foreclsour

There is also Neil Garfield, publisher of livinglies.wordpress.com.  He has a weatlh of information there.

But as he says below, many of you cannot afford an attorney.  You are not alone as most people cannot.  Do as he and I both have said, do the research and fight it on your own – Pro Se.

Read Fitzgerald’s comments here.

In his own words:

Thank you for your comment Rubinoff .

I have more stuff to share with the public.

At this moment I am in Litigation with a Greedy Corrupt Bankster forthe last 20 months .

If you are served with a Foreclosure summons ..you have 20 days to answer to the court ..The best person to help you is a foreclosure attorney .

But if your broke and can’t hire one at least check the Internet ..and click ..How do I answer a Summons ..there are many sites where you can find advice and guidelines on what you can answer. Of course having a good attorney is the best advice.

I did not have the money to hire an attorney back in Feb.’08.. So I’ve made many mistakes while I was Pro Se.
I’ve studied foreclosure Florida Law as much as I can ,and I’ve learn a few things.

My experiences here are not legal advice . I am just telling you what happened to me ..

The first item on your Summons Complaint check list ..should be ..Is the Plaintiff the same lender who I sat down with and signed the loan documents with ??

If its a different banker …that’s a huge red flag ..you have to check your Public Property Record . See if your original loan has any assignments ..its like transferring your loan to other Banks or to the current Plaintiff’s.
If there’s no assignment ..that’s a good sign that you may have a good defense to deny that you recognize this new Banker foreclosing you as a true owner .How can they claim to be the true owners ?

That’s just the beginning. The most important issue is answering that Summons . In the summons the “enemy” will have their claims in paragraphs numbered starting at number #1. If you do not have a lawyer or can’t afford one ..your answer should deny every claim your enemy states. I mean every paragraph…deny everything..the amount due.. .Deny Deny Deny .That will classify your answer as a contested case . This will force your Plaintiff to open his books,documents to Discovery and the burden of proof is on their back ..not yours…

Perfect remedy.. would be to find an attorney ” who gets it”.
” Who gets it” is a term to separate two groups of attorneys out there.

One group of lawyers love the banksters and will work against you. They will tell you that the end is near and that you won’t win. That your case is weak ,and you own the loan…so you are guilty anyway…I know this type of lawyer personally .

The other group are harder to find, but are growing each day more and more. These lawyers are aware of the lying, cheating, and stealing tactics of the Banksters and will defend you 100 % .

Remember answer your summons before 20 days . If you fail to do this.. you are giving your home away in a silver platter to the Bankster.

Another very important tool… that you should have is to request an on line….

[ at your "County Clerk of Courts" in your County ] …

……E. C. F. membership.. ” Electronic Court File” Its free . I opened mine by identifying myself as a Pro Se defendant. What this enables you to do is ..you can open your case file on line and see ..all the motions, affidavits, and all the documents that have been filed in your case..

By having an ECF account you’ll be notified, and warned by an email when any new document is filed in your case..

My experience has been that these cheating Banksters will file documents behind your back and sneak in documents without giving you notice. . They will schedule important hearings , and not notify you. [ that happened to me ]

They’ll win the judgment if you fail to show up at the Final Summary judgment meeting…. By default.

They will sell your property behind your back if you’re not looking. Never trust these Crooks. They are out for blood , and you have to fight back by being informed .

Even with a lawyer ..don’t depend 100 % on them..Do your own research on line and learn as much as possible so you’ll know the legal terms ,and defenses .

I am not a lawyer ,and the stuff I am writing here are my personal experience’s I have suffered in my 19 months in litigation with a cheating, lying,and corrupt Bankster
law firm .[ Florida Default Law Group ]

One of the most corrupt Foreclosure Mill , thats full of young lawyer who are learning early in their career .. how to be Lying,Cheating,dishonest and a disgrace to their profession .

They should be dis-barred and throwed in the Big House for being such a fraudulent,and criminal organization..

I feel today more than ever … we all have to become better educated in Finance, and Law.

We are on our own… out here .

The Government and the Justice system are not watching your back ..

Take Care out there .

LF.

 

 

Published in: on October 28, 2009 at 8:01 PM Leave a Comment

Forged initials and signatures

Forged initials and signatures on loan closing documents, forging a wife’s name on mortgage loan documents where the husband is the only borrower, dummying up phony “original” promissory notes with forged borrower signatures, and the like are now commonplace in our cases. This most recent event, however, defies explanation and shows how low a servicing company and its attorney will sink.
Banks are committing fraud left and right as are the attorneys who represent them in foreclosure acitions.  Just another good reason you should fight and defend your foreclosure.  Banks should not have and do not have any special privilege when it comes to the law.  The law is the law for everyone and forgery and doctoring legal documents are illegal everywhere – and always has been.

Can you imagine if you forged a a legal document, added someone’s signature or used available technology to make a signature look like an original?  You would be arrested, charged and convicted.  So should the banks and the attorneys who knowingly participate in this activity.

This is simply UN AMERICAN.  We, the people shoud not become sheeple and allow these “bankster” to get away with their crimes.

The article referred to was written by an attorney that represents the people against these banksters and unlawful law firms.  I do not know him personally but I have referred two of my friends to him as a result of his web site – FORECLOSURE DEFENSE NATIONWIDE- and both referrals are extrememly happy with what he has been able to do.  He had an auction sale of property reversed in North Carolina (a non judicial foreclosure state) and had the banksters attorneys voluntarily cancell a hearing for Summary Judgment in Florida.
Read Jeff Barnes, Esq.’s full article…click here

More and more is surfacing about the illegal activity banks and thier attorneys are committing.  ABC News is currently working on a story to further expose this crime.

It was these same bankster banks that got us all in the situation we are in.  Yes, they were loaning money to virtually anyone and yes, they knew that some could never afford the loans they gave them.  It was their job and obligation to “underwrite” – verify people’s ability to repay.  It was their job and obligation to deny and not fund the loan if they knew an applicant could not afford it.  But, they made the loans because there were billions of dollars at stake when they sold the loan to Wall Street who in turn sold the securitized pool of loans to unwary investors around the world causing the global financial crisis.

Now, after making all the billions, claiming they were broke and receiving taxpayer billions to continue their criminal activities, they now want to take everyone’s homes away from them. 

I SAY FIGHT BACK. The basic premise in most foreclosure cases is that the bank trying to foreclosure on you DOES NOT HAVE THE LEGAL RIGHT TO DO SO and obviously are forging and altering documents they present to the Court 

Most foreclosures today are due to loss of jobs and incomes – a direct effect of the greedy actions taken by the banks.  It is said that the true measure of unemployment and under employment is over 20%.  Most in foreclosure I would venture to say are in that catagory.  If you are reading this blog you probably are.

Let me say this very clearly.  Banks are criminals and are acting illegally with the aid of our judicial system.  A handful of judges deny foreclosures as they see the violations but too many don’t rule against the laws they are sworn to uphold.  These judges should be held accountable as well.  This is still America and the courts are still courts of equity.  Or are they?

Published in: on October 24, 2009 at 5:22 PM Comments (1)

Consumer Fear of Foreclosure

Overcoming Fear of Foreclosure Critical for Many People to Keep Their Homes

RISMEDIA, October 10, 2009—Foreclosure numbers continue to rise and many homeowners are at an increased risk of losing their home. While foreclosure can be prevented, many homeowners remain confused or afraid to confront their mortgage problems and take action to help save their home. “Fear often prevents many consumers from seeking help,” said Michelle Jones, senior vice president of counseling for Consumer Credit Counseling Service (CCCS) of Greater Atlanta, Inc. “Overcoming these fears can mean the difference between staying in your home and losing it.”

Published in: on October 13, 2009 at 9:29 PM Comments (4)

Kansas Supreme Court Ruling Favors Homeowners in Foreclosre

The Web of Debt blog published by Attorney Ellen Hodgson Brown, on September 19th, published an article, LANDMARK DECISION PROMISES MASSIVE RELIEF FOR HOMEOWNERS AND TROUBLE FOR BANKS.

A landmark ruling in a recent Kansas Supreme Court case may have given millions of distressed homeowners the legal wedge they need to avoid foreclosure.

Hoorah, another major court rules in favor of justice and against illegal actions taken by the banks making a mockery of our court system.  “Two wrongs don’t make a right”.  You have heard me say that time and time again.  Yes, we may owe the money but delinquency in no way should allow blatant violation of the law especially by a bank or a bank owned corporation disguised as the federally insured bank that made you your loan.

In Landmark National Bank v. Kesler, 2009 Kan. LEXIS 834, the Kansas Supreme Court (emphasis added) held that a nominee company called MERS has no right or standing to bring an action for foreclosure. MERS is an acronym for Mortgage Electronic Registration Systems, a private company that registers mortgages electronically and tracks changes in ownership.

The significance of the holding is that if MERS has no standing to foreclose, then nobody has standing to foreclose – on 60 million mortgages. That is the number of American mortgages currently reported to be held by MERS. Over half of all new U.S. residential mortgage loans are registered with MERS and recorded in its name.

This is significant and while a Kansas ruling applies to Kansas it can set precedence in other states as well.

Ms. Brown says it well when she says, “Eliminating the “Straw Man” Shielding Lenders and Investors from Liability” is just what has happened.  You see, MERS was set up by the banks to further create a smoke screen for their sale of mortgages.  As Ms. Brown explains in the article;

The development of “electronic” mortgages managed by MERS went hand in hand with the “securitization” of mortgage loans – chopping them into pieces and selling them off to investors.
California attorney Timothy McCandless describes the problem like this:

“[MERS] has reduced transparency in the mortgage market in two ways. First, consumers and their counsel can no longer turn to the public recording systems to learn the identity of the holder of their note. Today, county recording systems are increasingly full of one meaningless name, MERS, repeated over and over again. But more importantly, all across the country, MERS now brings foreclosure proceedings in its own name – even though it is not the financial party in interest. This is problematic because MERS is not prepared for or equipped to provide responses to consumers’ discovery requests with respect to predatory lending claims and defenses. In effect, the securitization conduit attempts to use a faceless and seemingly innocent proxy with no knowledge of predatory origination or servicing behavior to do the dirty work of seizing the consumer’s home. . . . So imposing is this opaque corporate wall, that in a “vast” number of foreclosures, MERS actually succeeds in foreclosing without producing the original note – the legal sine qua non of foreclosure – much less documentation that could support predatory lending defenses.”

But now here comes the real issue, “The real parties in interest” – the legal, rightful parties who have the legal right to foreclose on someone.

 The real parties in interest concealed behind MERS have been made so faceless, however, that there is now no party with standing to foreclose. The Kansas Supreme Court stated that MERS’ relationship “is more akin to that of a straw man than to a party possessing all the rights given a buyer.” The court opined:

“Straw” buyers – buyers who just put up their credit and purchased a home for someone else was and still is illegal.  “Straw” purchases are illegal and many have been prosecuted and sentenced to jail as a result.  Should not the same happen when an entity is created to be a “Straw” owner of a secured note?  Hiding and shielding the truth is illegal.  The Kansas Supreme Court has seen the truth and ruled in favor of the truth and justice.  They are not intimidated by the banks who have been lying, cheating and stealing.

This next quote is important and as such I will highlight in bold certain words or passages.

MERS as straw man lacks standing to foreclose, but so does original lender, although it was a signatory to the deal. The lender lacks standing because title had to pass to the secured parties for the arrangement to legally qualify as a “security.” The lender has been paid in full and has no further legal interest in the claim.  Only the securities holders have skin in the game; but they have no standing to foreclose, because they were not signatories to the original agreement. They cannot satisfy the basic requirement of contract law that a plaintiff suing on a written contract must produce a signed contract proving he is entitled to relief.

The “basic requirement of contract law” meaning that even a first year law student is knowlegeable of the basics therefore so to must be the banks and their high paid attorneys along with the foreclosure mill attorneys representing them in what they know to be fraudulent lasw suits for foreclosure.  Yes, FRAUDULENT, they are committing “Fraud on the Courts”.

It appears that there could be at least 60 million “Fatally Flawed Mortgages” in the country.  In other words, there are 60 million homeowners who if sued for foreclosure have a good basis on which to defend themselves.  Again, the Kansas ruling has no affect in other states but if contested using the facts of this case, other courts may – and should – rule the same way

The laws are the laws for everyone regardless of who they are or think they are.  Banks are breaking the law daily.  Attorneys who are representing banks in foreclosures- commonly referred to as “foreclosure mill attorneys” – are also breaking the law and violating their “oath” as officers of the law by knowingly and willfully bringing fraudulent foreclosure cases into our courts.

You don’t here these stories in main stream media because the banks spend too much money advertising.  You don’t hear reports like this coming from our government because our government -our elected representatives – are all complicit in this fraud against the American people. 

To correct the wrongs being made against the American people as a whole, destroying our economy along with our Constitution, we must each stand up for what is right.

“Two Wrongs Don’t Make A Right”
READ THE FULL ARTICLE…click here

Published in: on September 28, 2009 at 4:01 PM Leave a Comment

Sarasota Herald Tribue Says Fight Your Foreclosure

When faced with foreclosure, don’t give up

By ANNE L. WEINTRAUB Guest Columnist

Anne L. Weintraub is a partner with Sarasota’s Syprett, Meshad, Resnick, Lieb, Dumbaugh, Jones, Krotec & Westheimer, P.A.

A local newspaper is urging people to fight their foreclosure actions.

Unfortunately, many borrowers ignore the foreclosure papers and do not contact an attorney for help because they cannot afford one or because they are misinformed. As a result, banks too often win their cases with no resistance from the homeowner. This is unnecessary because many times the bank cannot even prove it has a right to sue the homeowner, as it cannot prove ownership of the mortgage in the foreclosure lawsuit. But that fact goes unchecked if a homeowner simply gives up.

Yes, you NEED TO FIGHT BACK.  As I have always said, “two wrongs don’t make a right”.  The laws of the land are the laws for everyone, Even if you are in default on your mortgage the law says that only the “Right Party In Standing” has the legal right and ability to sue you for foreclosure.  As this article in the Herald Tribune points out more often then not the party suing you for foreclosure DOES NOT HAVE THE LEGAL RIGHT TO DO SO.

Most homeowners also believe that hiring an attorney is not affordable. But if the borrower qualifies, there is free legal help through many of the nonprofit agencies located in our community. Please visit scgov. net/homehelp for a list of these agencies and their phone numbers. Homeowners facing foreclosure can investigate their rights on the same Web site.

As Ms. Weintraub points out in her article, fighting back is a win win for everyone.  Stemming the tide of massive foreclosures will help the economy rebound.  It will maintain the integrity of neighborhoods.

The cause of this crisis are the very same banks that are trying to take your home.  The economy crashed because of them.  You may have lost your job because the economy craxhed – because of them.  The value of your home declined – because of them, them of course, being the banks.

Don’t give up without a fight.  Make the law work the way it was meant to work.  Don’t let these foreclosure mill attorneys working for these criminal banks take your home by violating the law and your rights under the law.
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Published in: on September 21, 2009 at 2:14 PM Comments (1)

FYI…FLORIDA STREAMLINES THE FORECLOSURE PROSESS

Florida Streamlines the Foreclosure Courtroom

“As Florida continues to hold its front-row seat in the national foreclosure crisis, attorneys working to help homeowners are constantly face new challeges,” said Sylvia Alayon, vice president of operations at the CMAC.

Published in: on at 1:40 PM Leave a Comment

Massachusettes Foreclosure Laws Upheld…The People Win

This post in the Boston.com, Boston Real Estate Now section speaks for itself.  I would like to see this article passed on by many to the many with the hopes that other Judges will see the light.

If a foreclosure is being done illegally, then it should not be done regardless of the debt that is owed.  The right party with the right interest in the mortgage can and should take the action, not just anyone they hired to keep their books.

In addition, those loans owned by investors in a security might want to know about what is happening to their investment before it is written off, foreclosed on by someone else who will take title to the property for FREE.

Perhaps the investors, if notified and made to participate in the action would rather modify the loan then foreclose on it.  Maybe, just maybe, they would want to recover something rather then NOTHING.

 
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Thousands of foreclosures are invalid: Ibanez decision


Read The Full Story…click here

Published in: on September 2, 2009 at 11:29 PM Leave a Comment