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  1. TirelessDefendant says:

    Thanks for sharing this. All of us who are on the winning side should take our strongest arguments and share them (privately) with others who are still fighting. Time to tell the banks to stick to the original purpose for which we the people created them.

  2. Tom Heinrich says:

    We have two issues…One, who owns the house, and Two, who owns the mortgage

    Now, most people can’t take title to a house without obtaining a mortgage. and In order to GET a mortgage, you have to agree to 1) pay the mortgage off, and 2) keep the property repaired and in good shape PLUS pay the taxes and insurance to protect the owner of the mortgage, whoever that may be o you you fail to do any of those things.. YOU GIVE THE RIGHT TO FORCE A SALE OF THE PROPERTY TO PAY OFF THE MORTGAGE. If you keep your promises, you can sell or pretty much do whatever you want with it that isn’t illegal.

    That concept isn’t that difficult.

    But when someone DOESN’T keep their contractual promise, don’t think you can distract a judge with confusing them on who is entitled to force the sale…its pretty immaterial. Who is entitled to the proceeds really doesn’t involve you, that’s between others to fight over. If you or a court sells it, if it sells for more that what is owed will come to YOU, if it doesn’t cover what is owed, you could wind up no longer having title to the property…you MIGHT find yourself STILL OWING THE DIFFERENCE, hopefully that won’t happen.

    There are only TWO PEOPLE I know personally who actually wound up doing really well.

    One is a good friend of mine who WON his foreclosure case, and although the mortgage still is recorded against the property and ‘of record’, the company who tried to foreclose on them HAS TO PAY THEIR annual insurance AND real estate taxes, …..and he gets to stay in his gorgeous two story home right off the ocean without paying ANYTHING other than the utilities !!!.

    The other person is myself . I had both a first and a second ( a Line of Credit ), both of which were approximately identical in amounts still owing. My first promised to roll my low initial “teaser-rate” three year ARM into a fixed rate for the remaining 27 years at no cost to me, and after telling me not to make the January 2008, February 2008 or March 2008 payments or they would cancel their offer, and promised they were setting my next payment to be April 1, 2008 – the filed a foreclosure against me just prior to April 1, 2008..

    I sued everybody. The foreclosure case the first filed was ordered to be modified to a fixed rate, and the second, which then went to federal court, and with the help of the Justice Department, the bank was ordered to forego all interest and forgive the balance of $82,000 and pay $20,500 to cover the federal income tax on the canceled $82,000 debt, leaving me with about half of my property for free…half is better than none.

    Both my friend and I did extensive investigation and legal work.

    That’s what it is going to take YOU if you expect to defeat something and collect damages.
    to read
    Remember the law is CONSTANTLY changing and the whim of a judge can never be absolutely predicted….

    In Florida, where we both are, the Bartram decision basically said the SOL stands, but ANY default that hasn’t been past the SOL, the right to foreclose stands. HOWEVER, you need to carefully read the recent 4DCA opinion in Sandefur v RC.

    My friend used five different attorneys including two former deputy Florida Attorney General, to win his case, but because he won, his five figure attorneys fees were fully paid for by HEBC, who tried to foreclose on him.

    I did all my own legal work, but I have been in the mortgage industry since 1965 and read Appellate decisions for a hobby, and I was going against Wells Fargo and BofA who both have done so much wrong they made it easy for me…. but it was painstaking ( you can pull up my case in the Broward Case Search)…pay attention to the Order signed by the head judge Jack Tutor !!!
    (I was given the green light to separately sue Wells Fargo !!!)

    If you have ANY scoop of misconduct by Wells Fargo or their alias American Servicing Company (ASC) now moved around to under their Wells Fargo Home Mortgage, or HSBC or “ACE SECURITIES”, please let me know…we could very well be of help to each other

    Tom Heinrich

    • RE Broker (Sharon) says:

      Payments could have been kept up easily for most people if the banks had not gambled away our economy. Read, “The Big Short” and “Fool’s Gold” and “All the Devils are Here” all available on audiobook to understand.

      • RE Broker (Sharon) says:

        also, “House of Cards” and “Too Big to Fail” as well of course of ” Chain of Title” all available on audiobook. Listen to it in the car.

  3. Kent says:

    I wouldn’t hold my breath

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