Comments on: NEWS FLASH | IBANEZ – BANKS LOSE PIVOTAL FORECLOSURE CASE IN MASSACH– USETTS HIGH COURT

By: Dawn

Dawn — Tue, 11 Jan 2011 05:15:24 +0000

I educated my County Recorder about MERS and securitized mortgages……………he filed a complaint with the Attorney General and the rest is history combined with the above cases http://www.salemdeeds.com/

By: alec ross

alec ross — Sat, 08 Jan 2011 23:58:09 +0000

I forgot to add that Massachusetts law apparently is that the mortgae note does NOT automatically follow
the note, and that the transferor must also sign an assignment of mortgage, in order to transfer the
mortgage lien rights to the transferee. That is not a requirement in Florida. If you assign the note
the mortgage lien automatically goes with it even if you don’t sign a document called assignment
of mortgage.

By: alec ross

alec ross — Sat, 08 Jan 2011 23:51:28 +0000

The court’s ruling won’t work in Florida. The appeals courts in Florida have held that the mortgage follows the note (or whoever has possession of it), with no need for an assignment of mortgage document being signed,
and that endorsements in blank (where the name of the assignee not printed on the note) is okay.

As for what will happen in Massachusetts, that court simply said a foreclosure can’t be filed unless the claimed holder has the note (or rights to it) at the time suit is filed. This is called “standing”. So….., while
the original foreclosure can be setaside, the bank can start all over again if it gets possession of the
original note BEFORE it does the foreclosure. This is same rule in Florida. The bank has to own or have
possession of the note before it files the foreclosure suit.

By: Sal Pignataro

Sal Pignataro — Sat, 08 Jan 2011 21:28:00 +0000

In reply to AverageCitizen.

We would so love to have your assistance.

We are considering suing Aurora Loans for how they handled our modification – it was all designed to stall us until they could foreclose. I even sent them a letter requesting they show me PROOF they have rights to our property – they just sent us a letter saying “they will get back to us”.

By: OhioFighter

OhioFighter — Sat, 08 Jan 2011 16:35:28 +0000

In reply to AverageCitizen. I am currently trying to fight HSBC in Ohio. What advice do you have?

By: Marilyn Abdilla

Marilyn Abdilla — Sat, 08 Jan 2011 10:31:56 +0000

So far 2011 has been good…It just may be the domino’s are starting the great domino fall. Crime and lies sooner or later trip you..when you least expect it. I wonder if they still think they are so big they can’t fail. I would love to see them fall flat on their face…as millions of people stomp on them. I wonder if that is why OB put a Chase exec. in a top position? Another banker in Washington. I think OB is about the only one in the government who never was ‘ involved’ with the big cheeses of banking…or is he ?? Who really cares..they are all bed partners… rotten from the core up. But let’s keep the fight up…the end of the tunnel is getting closer. I can almost see some light.

By: bert

bert — Sat, 08 Jan 2011 05:23:04 +0000

1 Woe to them that devise iniquity, and work evil upon their beds! when the morning is light, they practise it, because it is in the power of their hand.
2 And they covet fields, and take them by violence; and houses, and take them away: so they oppress a man and his house, even a man and his heritage.
3 Therefore thus saith the LORD; Behold, against this family do I devise an evil, from which ye shall not remove your necks; neither shall ye go haughtily: for this time is evil.

BANKS BEWARE** THE ONLY KINGDOM SHALL STAND IS THE KINGDOM OF GOD. MICAH 2 V 1-3

By: yvonne

yvonne — Fri, 07 Jan 2011 22:00:53 +0000

In reply to DAN DAN. Good for you Dan, we are the money, without us there is no money!!!

By: yvonne

yvonne — Fri, 07 Jan 2011 21:59:09 +0000

In reply to l vent.

Correction, I dont think they screwed up….they outdid themselves…their greed and plot to continue this facade backfired on them…they had every intentions to continue to use these unregistered notes to defraud more investors…

By: AverageCitizen

AverageCitizen — Fri, 07 Jan 2011 21:47:00 +0000

We also sued (Deutsche Bank) in Ohio and won – result FORECLOSURE DISMISSED .

Feel free to contact me if you need more information on how to fight these fraudsters.