FIRST STANDING-RELATED VICTORY IN VIRGINIA: Aurora’s claim to title thrown out for lack of standing!

FIRST STANDING-RELATED VICTORY IN VIRGINIA: Aurora’s claim to title thrown out for lack of standing!

Prince William County, Virginia

Yeah, I know… You are thinking, What standing? Isn’t Virginia a nonjudicial foreclosure state?

Well, the twist in this case was a self-created cloud on the title that Aurora sought to remove prior to its contemplated foreclosure. Aurora sought this by affirmatively coming to court as a plaintiff.  The homeowner had previously recorded a release of the subject lien based on her reading of TILA and on some “advice” over the internet.

Even though there may have been some colorable basis in the law for the homeowner’s position (TILA provides that upon consumer’s rescission, the security interest becomes void and creditor must take steps to effectuate rescission or bring a declaratory judgment action), I had at least two Virginia judges (one federal and one state) tell me that the homeowner’s conduct of recording a release here borders on criminal fraud warranting referral to the state prosecutor.

But be that as it may, Aurora sought to have the homeowner’s recordings removed from the chain of title and, to do that, it had to show…. standing.  It had to show that it itself had any interest in the property before it could ask for any “relief” with respect to the property.

Aurora’s claim to the property was based on a promissory note not payable to it, but endorsed in blank and supposedly acquired by it after the loan’s origination.  We challenged Aurora’s position and held Aurora to its burden to plead and prove its case to the full extent of the law.

You won’t believe what happened next…

You can find out here…

~

4closureFraud.org

Comments
3 Responses to “FIRST STANDING-RELATED VICTORY IN VIRGINIA: Aurora’s claim to title thrown out for lack of standing!”
  1. anon says:

    Hmmm….Kennerty Appalachian State alum and Stumpf, St. Cloud State, alum. Who’s smarter?
    Answer: It’s equal. The party’s over. Let’s give it a day.

  2. anon says:

    These CEO’s with as much as 23 million in salary (JOHN STUMPF) or bonuses are vomitous. Yes, it causes everyone to vomit.

    Wells Fargo, Bank of America, Citi, Chase should surrender title to anyone who was defrauded or led a property owner to believe they would receive a modification.

    It’s the best thing to do for America.

  3. anon says:

    Judges need to give titles to home owners. Banks have made their money in fake fees and major league bonuses.
    It’s much better than the alternative. It’s also a positive solution.

    They have not respected property rights.

Leave a Reply