WSJ Concedes | Banks Hit Hurdle to Foreclosures

 

Banks Hit Hurdle to Foreclosures

Banks trying to foreclose on homeowners are hitting another roadblock, as some delinquent borrowers are successfully arguing that their mortgage companies can’t prove they own the loans and therefore don’t have the right to foreclose.

These “show me the paper” cases have been winding through the courts for several years. But in recent months, some judges have been siding with borrowers and stopping foreclosures after concluding that banks’ paperwork problems are more serious than previously thought and raise broader ethical questions.

This year, cases in California, North Carolina, Alabama, Florida, Maine, New York, New Jersey, Texas, Massachusetts and others have raised questions about whether banks properly demonstrated ownership.

Check out the rest here…

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4closurerFraud.org

Comments
15 Responses to “WSJ Concedes | Banks Hit Hurdle to Foreclosures”
  1. QNY81 says:

    The banks should have to prove damages, which is an element in a breach of contract complaint. They will not be able to because they create money out of thin air. Also, the servicer is a third party, which is governed under the Fair Debt Collection Practices Act. They must provide the creditor’s name in order to validate the debt within 30 days of your request. Use the laws to bring the banks to their knees.

  2. Fraud and ownership of note are done in many different ways. Nothing is told to the borrower sitting at the closing table. Many borrowers may not even know that their loans were not from the bank sitting across the table signing papers. Many loans were already sold before the closing to another ‘creditor ‘…..yet the pretender lender puts the banks name on the note and mortgage as payee/lender and the title co records the mortgage in county records…that is fraud. When the loan is sold before the closing… the money is wired to the ‘ place ‘ of closing…such as a title company. That money is put into escrow under the title co. name. ( The Privacy Act prevents the borrower from knowing who actually did the funding. ) In order to get the complete set of records, subpoena the title company cause you never got all the documents to the actual closing. The title co. recorded the mortgage in county records and requested for the mortgage to be returned to TITLE CO.>>>NOT THE BANK…THAT PROVES THE TITLE CO WAS IN ON THE FRAUD. The bank never lent any money…the pretender lender was the strawman sitting at the closing table paid a fee or commission by the actual lender. So from the very beginning the bank never owned the note or the mortgage….the investor(s) did. The bank may have been only the servicer of the loan. Yet borrowers thought everything was ok..it looked ok..that is what the bank planned and wanted knowing full well that loan would default and they would be named on the note and mortgage…Most investors collect many times on a loan that defaults and don’t want to come to the surface. More money was made from ‘ insurance ‘……So with this void of the investor not coming forth the bank again with fraud files a foreclosure and uses the note and mortgage as proof of ownership. NOW..another thing….borrowers are not told…there are two sets of documents…one set for the borrower and a complete different set for the investor….this is what tripped the bank foreclosing on my daughters mortgage. First set of summons documents showed a large X in the note below the signature. At the 1st hearing the judge dismissed and told the plaintiff to resummitt the proper documents…nothing was said about the note with a big x. The second set of documents showed the note had no big X but had the stamp ‘ without recourse ‘ and a faint stamp of the ‘investor’….that is the second questioned area….1st was the mortgage returned to title co not the bank and the second was the stamp….we called the title co asking for a complete set of documents but were told we had to subpoena them because of the privacy act….this told us someone else was the owner. BEWARE…Look over your documents real good…it’s all there…just keep digging…with our proof the lawyer we had did not see or catch anything and claimed to us there was no fraud…FIRED….Now we are on the right track again. Remember DISCOVERY….use it ….but again..all this was done before and at the closing….Sounds confusing but it’s there….

  3. Readdocs says:

    Read an article today written by a lawyer who does foreclosures, his bias was it’s just a big mess,
    now a scandal or fraud. Just some mistakes here and there. He used a lost note scenario where a
    borrower was going into foreclosure when his lawyer showed in court the entity doing the foreclosure did not have the note, that it was lost. The lawyer said it took him 4 months to find the note, and continued the foreclosure. Of course there was no attempt to prove the note was the original through testing.
    His bias was all foreclosures are dead beats.

  4. Pamela says:

    The banks have thier knickers in a knot because home owners are fighting for thier rights.I really think this has gone past the point of this is my home.I know for myself it is not so much about the house itself ot’s about the principal of the thing.The real question is how long will the American people buy into being a bunch of bend over buddies and when will they decide enough is enough.Most of us have kids and grand kids that are watching this situation very carefully to see what we are all going to do.This is not just for us it’s for countless generations coming up behind us.We need to make this count for everybody or this is the world not only we will be stuck living in but we will be foisting this on the people coming up behind us.It’s past time to take our country back by whatever means that are necessary.

  5. Robert Smith says:

    I am concerned that the Florida courts unlike other States are favoring the banks when it comes to foreclosures. It is my understanding that “The material issues of fact” the banks lawyers are not being asked to prove documents are original. My point is no mater how good a defense the ultimate response from the Judge is owners do not deserver free house, and will be in favor of the bank!? This has been the case with Country Wide/ bank of America.
    To date has any law firm been successful in winning any of the foreclosure cases in Florida. Out of all the case, past and pending what percentage favor the bank over the homeowner.What can firms do to ensure we get a fair hearing in Court, not just smoking mirrors but a real motion to bring these toxic loans and banks to justice. I am concerned with the accountability of the judicial system in Florida.

    • Equity Free says:

      Robert its in all 50 states “I am concerned that the Florida courts unlike other States are favoring the banks ” . The banks are submitting the same fraudulent docs , Lost Notes, Assignment of Mortgages to every court in the country ,and yet they have most people buying into their ” its only a small error ” BS Its a few decent lawyers and citizens that have this huge economy killing scam moving into the light ever so slowly .. The out right fraud that caused the crash by banks only made the survivors stronger, today they are paying 1 million a day to keep the status quo . Yes there are a few wins for home owners that can be counted on 1 hand , but there are thousands of law suits pending , and a still falling economy that will only change direction when they fix the mortgages . Money is power – Stand up & return the Power to the People . Keep on rocking the boat !

  6. Jason Werner says:

    Let’s see here, they are owned by Dow Jones, which is truly in bed with the criminal banks. Interesting now how even their own media is scratching their heads about the FDIC-member banks’ ponzi schemes.

  7. John says:

    Sell someone a car, take their money or sign a payment agreement ( note) and not give them a clear title. Go to court and see if the judge will excuse You for just sloppy bookkeeping or sloppy work.
    Not a chance I guarantee you’ll have to produce the original note or else.

  8. John says:

    Its the same as with a car. No one argues that if you can’t produce the title to a car you want to sell proving its yours, you don’t have legal ownership or the right to sell it.
    Who would buy a car if you couldn’t get clear, no question, title stating the person you are paying money to is the legal owner transferring an original, recorded, title to you?
    The point is the same, the law is the same, the only difference is the amount of money involved between title (note) of a house and car.
    Why this is made so complicated is the banks or lenders trying their hardest to confuse the issue.
    It is really quite simple. Don’t let them draw you into a complicated case or laws hoping to confuse a jury. Keep it simple, use examples of buying anything else, and everyone will understand.

  9. pamelag says:

    my understanding is the NOTE is a negotiable instrument and the banks need it to prove indebtedness?? so no note, no proof? true or false?

  10. “Laurence E. Platt, a banking-industry lawyer at K&L Gates in Washington, concedes that banks may have been sloppy. But he says “the real assault on the legal system” are efforts by judges and local officials to strip lenders of their rightful ownership and make foreclosures impossible”

    • TheHutMaster says:

      The REAL assult is from the scumbag bankers. “Strip Lenders of THEIR rightfull ownereship”? There is NO OWNERSHIP due to the CRIMINAL FRAUD tat we the tax payer bailed out. Then the scumbag banksters turn around and foreclose for full value…. I think not.

      I declare June 1, 2011 National Take Out a Bankster Day!

      “Fight The Good Fight”

    • l vent says:

      I found that remark despicable by that bank industry lawyer piece of shit.

      SCREW THE BANKSTERS AND FANNIE AND FREDDIE, THEY GOT BAILED OUT AND MADE HUNDREDS OF TRILLIONS OF DOLLARS OFF OF THEIR EVIL PONZI SCHEME OF FINANCIAL DESTRUCTION ON THE MORTGAGE DERIVATIVES FRAUD ALONE..

      THE AMERICAN PEOPLE ARE SICK AND TIRED OF GETTING THE SHORT END OF THE STICK WHILE THEY ALL PARTY ON AND DEFICATE ALL OVER THE AMERICAN PEOPLES PROPERTY RIGHTS, CONSTITUTIONAL RIGHTS AND DREAMS..

      Our homes are PAID FOR because of the FANNIE/FREDDIE/BANKSTER/WALL STREET PONZI SCHEME.

      THEY MADE HUNDREDS OF TRILLIONS OFF OF THAT SCHEME AND — USED THE AMERICAN PEOPLE AS COLLATERAL TO PULL OFF THEIR HUNDREDS OF TRILLIONS OF DOLLARS SCHEME
      .
      FANNIE/FREDDIE/THE BANKS AND WALL STREET ARE THE ONLY ” ASSAULT” ON NOT ONLY OUR LEGAL SYSTEM, BUT OUR ENTIRE SYSTEM.
      THESE FOREIGN MULTINATIONALS THREATEN OUR NATIONAL SOVEREIGNTY BY SELLING OUR COUNTRIES DEBT OFF TO THE FOREIGN INTEREST AFTER SETTING THE AMERICAN PEOPLE UP TO FAIL.

      NOT ONLY THE BAD LOANS BUT THE BUNDLING OF THE GOOD LOANS WITH THE BAD CREATED A DANGEROUS AND UNSUSTAINABLE ECONOMIC SITUTAION IN AMERICA AND IT IS GETTING WORSE BY THE DAY.

      IT WAS INTENTED TO CA– USE PERMANENT HARM TO AMERICA AND FORCE US TO BE COMPLETELY TAKEN OVER BY THE FOREIGN MULTINATIONALS. THEY HAVE HIJACKED AMERICA.

      GO TO THE EDGAR SEC WEBSITE AND SEE HOW MANY FOREIGN COUNRIES ARE INVESTED IN AMERICA.
      THESE COUNTRIES, MANY OF THEM I NEVER HEARD OF, AND THE UNITED STATES ISN’T EVEN LISTED AS AN INVESTING NATION, IT IS CALLED THE UNITED STATES OUTLYING ISLANDS!!!!!!!!!!!!!!!!!! WTF!!!!!!!!!!!!!!

      THE SEC IS THROWING IT RIGHT IN OUR FACES, IN PLAIN SIGHT. .

      THESE FOREIGNERS, POSING AS AMERICAN INSTITUTIONS, SOLD OUR DEBT OFF TO OUR ENEMIES AND OUR GOVERNMENT ALLOWED THIS!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!

      BEING TOO BIG TO FAIL AND NOT BEING HELD ACCOUNTABLE FOR RAMPANT FRAUD AND CRIMINAL ACTIVITY IS WHAT IS INCREDIBLY DANGEROUS FOR AMERICA
      .
      THIS WHOLE PONZI SCHEME SHOULD BE KNOW AS THE BIGGEST ATTEMPT IN HISTORY TO SELL OFF THE NATIONAL SOVEREIGNTY OF AMERICA BY THE FOREIGN MULTINATIONALS DISGUISED AS AMERICAN INSTITUTIONS, AND OUR GOVERNMENT LET THEM BECA– USE THEY ARE CORRUPTED AND ALLOWED THEM TO INFILTRATE OUR AMERICA!!!!!!!!!!

      THIS IS A NATIONAL DISGRACE!!!!!!!!!!!!!!!!!!

      THIS IS UNCONSTITUTIONAL.AND ILLEGAL, THIS IS A TYRANNY!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!

      RESCIND THOSE MORTGAGES!!!!!!!!!!!!!!!!!!!!!! OUR HOMES ARE PAID FOR!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!
      THE AMERICAN PEOPLE CANNOT ALLOW THIS FOREIGN MULTINATIONAL TAKEOVER OF AMERICA RIGHT UNDER OUR NOSES!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!

      STAND UP FOR YOUR RIGHTS AMERICA, UNDER THE U.S. CONSTITUTION AND THE U.S. BILL OF RIGHTS BEFORE THEY STEAL YOUR HOME AND GIVE IT AWAY TO THE FOREIGNERS WHO DO NOT OWN YOUR HOMES!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!.

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