SC chief justice again halts foreclosures, orders parties to try to settle outside court
COLUMBIA, S.C. — For the second time in two years, South Carolina’s chief justice on Tuesday ordered a stop to all pending foreclosures until the parties involved can complete an intervention process — a move with the potential to affect thousands of people struggling to hold onto their homes.
The injunction, which applies both to foreclosures still pending on May 9, as well as any filed after that date, is intended to give homeowners a chance to mitigate their losses, modify their loans and potentially alleviate the already strained court system processing the cases, Chief Justice Jean Toal wrote in the order.
Read the rest of the report here…
Full text of the ADMINISTRATIVE ORDER here…
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This is Just BS … that is just going to escalate the number of cases … why not make the lender, servicer or whom ever have proof by way of original documents and post a bond to that fact before allowing anyone to file a foreclosure … And please oh please don’t just continue to let anyone file an assignment of mortgage without proof… never been able to understand how the ROD only makes copies of the Mortgage not the NOTE and all they want is somebody to say that they do hereby assign all it’s right title , interest in the note and mortgage to Blah Blah with an acknowledgement , when the ROD office has no idea about the note and the last time I checked… THE MORTGAGE FOLLOWS THE NOTE>>> SEPERATION FROM THE OBLIGATION IS A NULLITY!!!!
plaintiffs file a pendency, summons and complaint…” we are the owner and holder of the note and mortgage” that’s it , they attach nothing their word is taken as writtin. Maybe I should send a letter with evidence that the plaintiffs committed a fraud upon the court , and that all the Plaintiffs are doing is trying to cover up the Fraud in the certificate series and mudddy the waters. in a case that I’m speaking of is of my very own. I have WRITTEN proof from all parties involved of FRAUD and yes I’m in SC.
Her words were: For foreclosure actions already pending as of May 9, the lender or servicer must file with the court and serve upon the borrower a notice of the borrower’s right to foreclosure intervention.
How about the lender or servicer prove ownership and why would the lender or servicer negotiate anything when they are not the party filing suit for foreclosure … successor trustee to a trustee when the trust does NOT exist!!!!!
In my fraudclosure complaint there is copy of a fake looking allonge attached to the copy of the note. The allonge states without recourse to the Mortgage Servicer from the failed bank that re-fied my loan and they are saying that occured at the closing. This transfer to the servicer was never recorded at the ROD. Does anyone know if there is supposed to be an assignment with an allonge? Or is the allonge the assignment? There was never an assignment made to them on title or at the ROD. The only assignment is to MERS and was never recorded anywhere that ownership changed over to the servicer anywhere accept in the fraudclosure complaint.
This will continue corrupting more and more the paper history of properties until the titles become so clouded
they can never be cleared up. leaving properties fallow and unlivable due to not being about to ascertain who really owns them. Can you imagine millions of homes that can never be sold, or lived in because of the mess
being made of each ones paper trail? Of course the people involved in this could care less as long as they can continue to fill up their pockets with more and more money.
What a travesty.
This so called CHIEF JUSTICE sure sounds like a commie to me. Whose country does he they think this is anyway? THIS IS AN OUTRAGE,IT LOOKS AND SOUNDS LIKE A FASCIST TYRANNY!!! All of these bastards are suposed to be working to uphold THE U.S. CONSTITUTIONAL RIGHTS OF WE THE PEOPLE.. If they can’t do their job because of an apparent UNCONSTITUTIONAL CONFLICT OF INTEREST, THEN THEY SHOULD ALL RESIGN.
Another words lets give the poor little banks another crack at legalizing the corrupt paperwork of the big bad deadbeat homeowners.What a friggen farce.Exactly how many chances do these suckers get anyway?Or are we just going to allow this to continue?
A judge dismisses foreclosure? Yeah, and Pakistan had no clue that a certain somebody was in their backyard.
Jason, Looks like he halted the fraudclosures to feed us to the financial terrorists that robbed us. Can the PRETENDER LENDERS show legal proof that they are owed any money from the homeowners? That is the question that would end the FRAUDCLOSURES and protect the homeowners from these FOREIGN financial terrorists. The U.S. GOVERNMENT has a long standing policy that they wont negotiate with foreign terrorists but they expect the American people to? That is utter hypocracy.
ONLY IF THE PRETENDER LENDER CAN SHOW PROOF, OTHERWISE WE THE PEOPLE WILL SUE THE DIRTY BASTARDS. THEY DO NOT OWN SHIT. THEY MADE 100 TRILLION DOLLARS+++ OFF OF THEIR PONZI SCHEME. LETS NOT RESORT TO COMMIE TACTICS HERE IN AMERICA. WE THE PEOPLE SHOULD NOT BE FORCED TO NEGOTIATE WITH THE FINANCIAL TERRORIST WHO ROBBED US. REALLY THAT IS THE GSE’s. FANNIE/FREDDIE.
But did the judge set precedent for homeowners not being able to sue for fraud? Earlier post here sounds sensible. Everything could go further to seed? Heaven forfend.