“The problem, at least according to First District Judge Benjamin Simpson’s Tuesday ruling, is that electronic filing of MERS didn’t register the lien transfer in the Kootenai County records department. Since documenting ownership at the county level is required by state law, RCS wasn’t the legal owner of the mortgage and couldn’t foreclose.”
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Premature foreclosure
Judge rules lending company didn’t follow proper steps to obtain couple’s home
COEUR d’ALENE – For Cynthia Griffin, the court victory is a small step in what has been a long fight.
Nevertheless, for the first time in months, the stress of not knowing if she and husband Matthew Griffin will lose their home is gone.
“It’s a real relief right now,” she said. “It makes me feel better that I don’t have something like that looming over my head. But it’s not a solution.”
That burden was erased thanks to a First District judge ruling this week that the lending company which claimed it owned the mortgage on the home didn’t follow the proper steps to obtain it, so didn’t have the legal right to foreclose on the Coeur d’Alene couple’s East Summit Drive house.
A small, but important step for the husband and wife.
But the Griffins’ attorneys, Jeff Crandall and Regina McCrea, think the order could affect thousands of Idaho homeowners who have already foreclosed or are in the process of doing so.
They said the same steps that Texas-based Residential Credit Services Inc. skipped when it acquired the mortgage from the former lender and now bankrupted American Home Mortgage are being done by other lenders across the state.
“It could be a fairly significant issue,” Crandall said. “It does call into question foreclosures that are pending and those that have already been completed.”
The suit stems from MERS, or the Mortgage Electronic Registration Systems, Inc.
Check out the rest here…
If I can get a copy of the ruling I will put it up…
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Apparently all these case wins are still missing the core of the issue. Even thought the lien was NOT recorded against title, in bad faith the trustee still failed to disclose the origin of the funds the alleged lender provided to the alleged borrower. The case also failed to mention the lender received Payment in full on the note, 91 days after the note was signed. See FASB report 140
ALL Lenders always use a 1099 OID form to collect on each note and then they collect on the note a second time using an IRS form 1099A. Lets start litigating the core of the issue – The Bank loaned NO ASSETS of their own. NO ONE HAS THE RIGHT TO FORECLOSE.
i need an attorney who can litigate my lender. i believe nobody wants to sue the banks for fraud foreclosure.
if anyone can suggest a good real estate litigation attorney, please let me know. thank you
smylyface02
Also that it wasn’t robo signed in Pinnella”s county Florida in stead of the state that both they and the property reside in!!
Where can I get one of those signs.
In Florida, I see case dismissed, and then 90 days later the Mills foreclose again.
I think the Bansters think that since the case is dismissed, the Homeowner will not have the mony to retain a Lawter for the second forthcoming suit.
“Fight The Good Fight”
They should also see if there was an “Assignment of Mortgage” by MERS and make sure that the docs weren’t robo-signed (like mine were) and that the Notary’s Signature was Fraudulant (as mine was).