Bevilacqua v. Rodriguez Upheld | Buyer Can’t Sue After Bad Foreclosure Sale (Opinion)

Buyer Can’t Sue After Bad Foreclosure Sale

A Massachusetts man who bought property in a faulty foreclosure sale isn’t the true owner and so doesn’t have the right to sue over it, the state’s high court ruled.

The Supreme Judicial Court, which in January found that banks can’t foreclose on a house if they don’t own the mortgage, went one step further in a closely watched case and said a sale after that foreclosure doesn’t transfer the property. Therefore, the buyer couldn’t bring his court action against a previous owner, the court ruled.

The high court upheld a lower-court decision that said Francis J. Bevilacqua III, the buyer of residential property in Haverhill, Massachusetts, never owned it because U.S. Bancorp foreclosed before it got the mortgage. Today’s ruling could have implications in the foreclosure crisis, in which banks are accused of clouding home titles through sloppy transferring of mortgages.

“By alleging that U.S. Bank was not the assignee of the mortgage at the time of the purported foreclosure, Bevilacqua is necessarily asserting that the power of sale was not complied with, that the purported sale was invalid, and that his grantor’s title was defective,” the court wrote. “In light of its defective title, the intention of U.S. Bank to transfer the property to Bevilacqua is irrelevant and he cannot have become the owner of the property pursuant to the quitclaim deed.”

More from Bloomberg here…

Full opinion below…



Bevilacqua v. Rodriguez Upheld

6 Responses to “Bevilacqua v. Rodriguez Upheld | Buyer Can’t Sue After Bad Foreclosure Sale (Opinion)”
  1. marilyn lane says:

    I have been searching for who is the Registrar of Deed for New York City.
    He or she seems to operate anonomously
    All I can find is reference to the County Clerk.
    Does anyone know his or her name Thanks.

  2. marilyn lane says:

    After Astoria Federal S & L admitted in New York Supreme Court that they didn’t own my two condos when the Bank’s previous corrupt attorneys
    auctioned them off to straw buyers,and it is Indemnify Indemnify Indemnify – Frank P Malone of Fidelity National Title and and his partner in crime David K Fiveson of Coronet Title did not want to indemnify their clients and instead paid a bribe to Judge Alice Schlesinger for her to rule against the US Supreme Court case of Elliot v Piersol and allow the title company clients to remain in possession of my two condos with their forged deeds.

    When are the New York Courts going to get it right?

  3. StuckinSoPa says:

    No sympathy for the buyer here, if he was an investor snatching up foreclosures. A homeowner doing the same thing, a little, but not much more. Never, never, EVER trust a bank.

    Buy ANYTHING bought, sold, or built in the last ten years, you might as well play Russian roulette with an AUTOMATIC!

    (One of my Darwin Awards favorites. Every shots a winner)

  4. Jim Bethea says:

    The banks know that they do not have lawful documentation for any of their forced foreclosures but are allowed to continued their illegal foreclosure activities with the support of elected officials, large debt collection law firms and corrupt judges.

    Just as I had predicted, their illegal foreclosures had placed “clouds” against the title as to the fact of who the lawful owner of these properties are??

    I will be glad to see the millions of victims of these illegal foreclosures filing individual “Complaints for Fraud” against these banks in a “one-on-one” scenerio and then followed by the downline buyers sueing these same banks for selling properties under fraudulently misrepresented ownership ~~

    This could be implemented much quicker if we did not have a large group of worthless law enforcement running our court systems ~

    Eric Holder wants to give all banks immunity instead of revoking their licenses and putting the ones at the top that knowingly and purpusely committed this fraud upon the consumers. No one mentions that fact that the Federal Reserve’s Chairman Greenspam originally promoted this Trojan Horse called the “subprime” with the help of the new Mr Pizza Man Cain ~~~ All of these axxholes should be roomates with Bernie Madoff who’s crimes were minor compared to these other crooks …..

  5. CaitlinO says:

    While a victory for anyone concerned about title issues in the wake of the great bankster led mortgage demolition of the last decade, there is also plenty to be sad about in this decision. It highlights just how much damage (how much of it irreparable?) has been done to our very old, very efficient system of land transfer and recordation.

    I think the most depressing line was buried near the end of the Bloomberg article:

    “Justice Francis X. Spina, who wrote the opinion, said it had been more than a century since the court had addressed the question of standing in try-title cases. ”

    Our system functioned so well that there was no need to try cases like this for more than a hundred years, and now? How many millions of homes are there whose title is so tangled up that they might never be sellable?

    • leapfrog says:

      Very good points, Caitlin. As you stated, our system functioned well, until the banksters came up with the MERS scheme, not even seeking permission from anyone to use it – they just forged ahead and blew up titles to 62+ million properties and yet have not been held accountable for this systemic willful destruction of land records by any of the so-called regulatory agencies; except our intrepid and wonderful county recorder heroes, fighting for the “little guy”. God bless the county recorder heroes.

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