Toxic Title Anyone?
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NY Post | 2 Banks, 1 House – SI Foreclosure Shows Paperwork Nightmare
A house divided cannot stand. A house foreclosure case divided by two banks probably doesn’t have standing — in court — either.
Two banks, Home123 Corporation and US Bank, both lay claim to owning a house in Staten Island, according to a foreclosure filing. The original lender, Home123, is the mortgage holder on the county’s tax rolls, but US Bank and its servicer, Ocwen Loan Servicing, have filed the court papers, saying they have the right to the action.
US Bank claims that they purchased the mortgage from Home123. But, the bank admits, “due to unforseen circumstances, the original Assignment of Mortgage and Endorsement Note were lost before they could be recorded.”
That doesn’t sit well with Joseph Sant, the lawyer representing the homeowner, who did not wish to be named.
“US Bank is foreclosing on a home without proof that it owns the mortgage. That should not surprise anyone after the revelations of widespread robo-signing and document falsification in foreclosures,” Sant says.
“What does surprise me is that the bank admits that it lacks key evidence needed to foreclose, yet is trying to bulldoze through the legal process anyways,” Sant adds.
A US Bank spokesman said the bank, acting as a trustee, did not bring the action. He said the bank is named so there is a plaintiff to send paperwork to.
Read more: http://www.nypost.com/p/news/business/banks_house_oMnXCm9lhY86EATINgQsgP#ixzz1ByTvaFpx
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We definitely have to support the House Bill coming out of the State of Virginia to which Dena Roudybush has done a fantastic job fighting the big banks and mortgage services to which she used to work for. Now Miss Roudybush, a practicing Attorney in State of Virginia and Maryland is now fighting for the citizens. Check out the site at: themortgagecrisisupdate.com
Virginia House Bill HB1506
Anyone know what Miranda Rights are? The warning that must be read people being arrested. Perhaps its time to force legislation for a “Foreclosure rights” notification in writing before a note holder can foreclose.
You got to be kiddin’! I own the mortgage and note on the “BROOKLYN BRIDGE” but I lost the assignment of mortgage and endorsement note before I could record them. TRUST ME. I wii foreclose on the borrower. How can I lose? All I have to do is kick back some small change.
Get in line..I owned that bridge long before you did ..I bought it from Bugs Bunny!