Orphan: foreclosure defense

This is starting to get interesting. Having achieved the creation of special courts to whittle down a backlog of foreclosures, called the “rocket docket” due to the propensity of many of its judges to operate on an accelerated timetable that too often led to a refusal to hear borrower objections and evidence, servicers are now withdrawing foreclosure cases in Southwest Florida en masse.

It is not yet clear whether these cases are being abandoned or whether the banks will refile once they find a way to argue their action is valid. However, reading between the lines, one has to question whether they will succeed. From the Fort Myers News-Press:

Banks in recent weeks have been dropping hundreds of their Southwest Florida foreclosure lawsuits instead of facing defendants at trial, according to local attorneys and court records….

Some foreclosures at large law firms were never actually read by the attorneys who filed them here and elsewhere, and some of the mortgages that ended up in mortgage-backed securities sold to investors were never legally transferred by the banks, defense attorneys have alleged.

“We think they’re going to come back and refile,” Lee County Clerk of Court Charlie Green said.

That’s an expensive proposition, he said, noting foreclosure suits carry a hefty filing fee: about $1,900 for a $250,000 house, for example…

But eight voluntary dismissals were filed Tuesday alone by seven different banks including Bank of America, one of the largest filers of foreclosures in this area. Bank of America did not reply to a request for comment Tuesday.

At one court hearing alone, attorney Kevin Jursinski said, one of his associates watched as “50 in a row” were withdrawn.

“Can they re-litigate?” Fort Myers-based attorney Carmen Dellutri asked. “I don’t think so.”

To be blunt, whether these cases resurface will in large measure depend on the servicer or foreclosure mill’s willingness to create bogus documents. I’ve seen this happen even in my limited direct contact with foreclosure cases. The bank’s law firm presented an allonge an attachment to the borrower’s note to allow space for additional signatures which magically showed that the note had indeed gone through all the parties as stipulated in the pooling & servicing agreement for that deal. Per the Uniform Commercial Code, an allonge is supposed to be so firmly attached to the original note as to be inseparable, yet the bank’s team claimed to have miraculously found it. In addition, it bore signs of being a forgery (pixtillated signatures on a “wet ink” document; signatures reproportioned to fit signature lines).

But the use of this sort of forgery raises the bar to consumer challenges. They are fairly easy to creates, and to challenge them, a homeowner would need to hire a document expert to challenge its validity. And despite the growing skepticism among judges of documentation submitted by banks, to side with a borrower on the grounds of document forgery might be a bridge some judges are not willing to cross.

Either way, this development signals that banks are coming to recognize that the pushback in the court system against poor securitization practices is only going to become more concerted.

Obama is history!

Obama was always a one term show!

any political strategist knows few black candidates win statewide re-elections, no black candidates wins re-election win he or she pisses off their liberal base.

Obama was always a Clarence Thomas Clone, Obama knew that a black conservatives never would win the White House, so he done a Reagan, “ACTED” like he was a Democrat. (Reagan acted like he was a President, History will say Reagan started the decline of the USA)

The MSM final act with OBAMA is to make sure no real Democrats primary this clown! (the games have already begun, listen closely, Obama always beats Palin, does Obama beat Romney? NO!!!)

the target of the intelligent left should be the 23 democrat senators up for re-election in 2012! Why? it is very simple, these Senators want to win re-election, (the intelligent left must get ahead of the KABUKI game, Obama is old news, attack the 23 Dems up for re-election in 2012! and you may force them to dump OBAMA)

The left must tie OBAMA around the necks of all these Senators up for re-election! Obama is already TOXIC, make him NUCLEAR WASTE and the Dem Senators will force a primary of OBAMA!

Listed below is the OBAMA necklace that all Dems Senator must wear in 2012

1st Obama endorses the Bush agenda of spying on and killing americans

2nd Obama attacks Unions (the F! the UAW moment screams republican)

3rd Obama double downs on Bush Wars, (now they are Obama wars)

4th Obama attacks Teacher Unions (teacher unions now hate OBAMA)

5th Obama does not attack the Banks? he bails them out? (sorta like what the GOP does)

6th Obama passes the Bob Dole Health Care Bill (Bob Dole is a republican)

7th Obama kills the Public Option

8Th Obama kills Drug Importation

9Th Obama APPOINTS an insurance executive to manage his health care Bill

10th Obama does not APPOINT Dawn Johnsen

11th Obama hand picks the cat food commission to destroy Social Security

12th Obama supports Blanche Lincoln, a candidate who hates Unions, and has no chance of winning

13 Guantanomo still open for business

14.Patriot Act renewed

15. renditions continue

16. Bernanke reappointed

17. Americans targeted for assassination

18 Obama is all for sending more USA jobs off shore

19 Obama is for tax cuts for the RICH!

20. Obama and the TSA porno Scandal

21 Obama freezes federal wages for 2 years

22. OBAMA TARP Funds for Legal Services for Foreclosure Victims Blocked By Treasury

23. Obama lowers estate tax for the rich

24. Obama tax bill of 2010 GUTS Social Security

25. Obama wants WikiLeaks Assange charged with espionage.

26 Obama Fake Net Neutrality Caves to AT&T,Comcast

Coming in 2012

Gas prices above $4.00 close to $5.00 a gallon (this will end OBAMA)

Mass un-employment!

99ers living on main street (Homeless at an all time high)

social security cuts

the MSM will scream how Obama is un-beatable, if you believe that garbage, go visit Santa Clause in the North Pole and telling him hello from all of us! :)

bench craft company reviews bench craft company reviews

Monday, January 24, 2011

foreclosure defense

No comments:

Post a Comment