Rick Sharga, senior vice president with RealtyTrac, a national foreclosure website, said lenders likely can simply restart the foreclosure process if they need to correct faulty paperwork. But he said the prove-you-own-the-mortgage-note issue could become serious.
“If you can’t prove that I owe you money, that’s a problem,” he said. “It could throw the whole mortgage industry into chaos.”
The lawsuits represent a tug-of-war that pits home-owners who fell behind on mortgages against lenders who insist any mistakes are mere technicalities.
John Fleming, general counsel for the Texas Mortgage Bankers Association, said that in almost all cases, he expects lenders or servicers will be able to cure any gap in mortgage assignments. “At the end of the day, if a homeowner or investor has not complied with the terms of the mortgage, they will face foreclosure,” Fleming said.
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Real estate investor sues lender to halt foreclosure
A San Antonio real estate investor who helps homeowners avoid foreclosure, recently found himself in the same predicament as his clients.
Rather than simply fight to stop the foreclosure on his investment home, Ezequiel Martinez filed suit against his lender saying the mortgage should be voided because of phony loan documents and because he doesn’t think the bank can prove it owns the mortgage note.
“We’re not trying to get a free house,” he said. “We’re trying to save the house from foreclosure fraud.”
Finding that Martinez “will probably prevail” at trial, state District Judge Karen Pozza on Aug. 26 issued an order prohibiting the house’s foreclosure until the case either is settled or goes to trial in March.
Martinez’s case is one of thousands across the country where homeowners are challenging the validity of foreclosure postings.
Full article here…
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S.O.S. Please help me to locate a lawyer to defend my home in Texas.
My email: carlosdehesa24@hotmail.com
This is a great idea if you can find the attorney who is willing to do this for you….I have been trying to find an attorney who will go after these crooks criminally forme for many months….All I get is this is the standard cover up story or the bullcrap that……this what they did!!!! Screamed at me……..
I have had a few attorneys tell me, they destroyed all of the notes, but I can’t help you as well…Well, if they don’t have the original notes and mortgages and they have destroyed the evidence of chain of title to them…and this has been a known fact for a long time, then how are they fraudclosing on homeowners? This makes the Judges look really, really bad as well as the U.S GOVERNMENT….criminal in fact…..
I vent….they are running the courts according to what is demanded by the NWO…They have their own Constitution and rules that must be followed…the law is under their laws…I would say like there are 2 different divisions of people here….we and them…we lost our justice in court…they took it away from us…otherwise the courts would be run as a court of justice..and it isn’t…it is run as a court of the NWO…or whatever they call themselves…and lawyers the same…black is white and white is black…..I know people are not getting it yet…like in denial or something…we say criminal..they say non-criminal…they are good..we are bad…everything is the opposite of the way it use to be…YES, that in our opinion is wrong. what they have pulled……but in their beliefs it is right..it is good. I take it all these people who are involved in this sick thinking..have been deeply brainwashed…..something..it does not even make any sense….It is like the connectors, the thin ‘wire ‘ that connects one section of the brain to another…is not connecting right….the signals are in reverse….it looks more like a mental disease……with this reversed thinking I feel that is why so many of us keep saying the courts /judges are wrong but to them the judges they are right….People are not use to this and can’t see what and why this is happening….and also..I don’t think alot of people search the NWO…Hitler….Black pope…Federal Reserve. World Bank..IMF…Rome……people don’t have the knowledge of it all…and until they do get some knowledge they will not understand any of it. Like I said..it is like a mental disease mixed with criminal thinking….like how could this band of people hate so many people in the world and so many countries….. and want to kill, starve everyone, make them slaves…stop and think about it….it is beyoond even thinkable…..God must have the answer…he will not let us down…when it’s time he will show us the way….he has so far ……..I don’t like bringing God in to this but that is all we have to show us the way…he is the only one we can trust……..
Accord.
Instead of lender side criminal prosecutions where warranted the homeowner has to fund defenses civilly – if can find an attorney if possible – or go pro se with unlikely prospects, and usually loses by becoming exhausted and even ridiculed – so unfortunately.
The GAP….. in morgtage assignments is FRAUD.
I had an attorney tell me the notes never made it to the trusts and they destroyed all of the notes but these loans are securitized…. Oh yeah right! If they destroyed the notes and they never delivered the notes to the trusts then they were never securitized…..that is why there are no assignments and that is the ORIGINATION FRAUD…..The proof they never lent us any money and committed massive fraud with our signatures…….There is no legal fix for this as the MBA of Texas suggests…..unless they backdate the assignments and that is fraud…….affadavits that swear to the truth in the documentations are not proof of anything….just a mind game…..like when the Plaintiff joins the defendant in a fraudclosure,,,,,because the truth is all they really are is a debtor….trying to collect a fraudulently induced debt they are not even owed..they never lent us any money…THEY COLLECTED TAX PAYER MONEY FROM THE U.S. TREASURY WITH AN ELECTRONIC COPY OF OUR SIGNATURE WHICH THEY — USED AS COLLATERAL TO GENERATE THE PAID DEED FOR US AND A SELLABLE COMMODITY FOR THEM, TREASURIES TO SELL TO WALL STREET FOR WALL STREET TO SELL AN INTEREST IN,(GOLDMAN SACHS WAS OVERLEVERAGED 333:1) RATED AAA, AND BONDS TO HOLD AS COLLATERAL WHICH ENDED UP BACKED BY ZERO BECA– USE OF OVERLEVERAGING BY 72-1 AND SELL AN INTEREST IN THOSE BONDS AS WELL, TO THEIR INVESTORS,WHO ARE THE IMF AND FRIENDS… PLUS THE MORTGAGE LOAN PAYMENTS FROM US WHICH CREATED THE MONEY FLOW TO THEIR INVESTORS…..THIS IS MASSIVE FRAUD..140 TRILLION DOLLARS WORTH…….. …Because of this, their standing is no more than that of a non-record claimant…like it says in the fraudclosure complaint or when you call them….THIS IS AN ATTEMPT TO COLLECT A DEBT…BUT THEY ARE ATTEMPTING TO COLLECT A DEBT THAT THEY OWE TO THEIR INVESTORS…..THEIR INVESTORS NEVER LENT US ANY MONEY EITHER….THEIR INVESTMENT WAS NO MORE THAN A GAMBLE…….AND WHAT THEY INVESTED IN WAS THE MONEY FLOW, THE FRAUDULENTLY INDUCED MORTGAGE, NOT IN OUR HOMES OR BUSINESSES..IT IS THE TRUSTEE FOR THE TRUST THEY SHOULD BE GOING AFTER, WHOEVER SOLD THEM THESE OVERLEVERAGED INVESTMENTS, NOT HOMEOWNERS….BUT I SAW A YOU TUBE VIDEO WHERE A MORTGAGE SERVICER SPOKE OUT AND SAID, IT IS THE INVESTORS THAT ARE PUSHING FOR THE FRAUDCLOSURES….. THAT IS ALSO ILLEGAL…THE TRUSTEE FOR THE TRUST IS WHO THEY SHOULD SUE AND WHO MUST BRING THE FRAUDCLOSURE BUT THEY ARE HIDING BEHIND THE SCENES..BECA– USE THE GSE’S, AND THE BANKS CANNOT LEGALLY CANNOT BE THE TRUSTEE…THAT WOULD MEAN THEY DELIVERED THE NOTES TO THEMSELVES…….MERS CLEARLY STATED ON THEIR WEBSITE THAT FANNIE MAE IS AN INVESTOR IN MY LOAN…..SO LET ME GET THIS STRAIGHT, THE GSE’S WERE LOAN GUARANTOR WHO BACKED THE FRAUDULENTLY INDUCED LOANS WITH TAX PAYER MONEY, NEVER LENT ANY MONEY….THEY WERE ALSO INVESTORS AND THE TRUSTEE FOR THE TRUST AS WELL AS THE TRUST? ..SO THEY DID NOT SECURITIZE THE LOANS BY DELIVERING THE NOTES TO THE TRUSTS BECA– USE THEY WERE DOING SHADY ILLEGAL THINGS BY MULTIPLE PLEDGING NOTES AND SET UP A BUNCH OF BOGUS TRUSTS AT THE SEC TO MAKE IT ALL LOOK LEGIT…… AND HAD TO DESTROY THE NOTES..TO COVER UP THE CRIMES…… THEY WERE REQUIRED TO DELIVER THE LOAN FILE TO A TRUST IN ORDER TO BUY, SELL AND TRADE OFF OF THEM ON WALL STREET..THAT IS SECURITIZATION..BUT, THEY NEVER DID THIS… ACCORDING TO THE PSA…AND NEW YORK TRUST LAWS……. THE IMF IS THEIR BIGGEST INVESTOR.. HOLY ILLEGAL AND UNCONSTITUTIONAL CONFLICT OF INTEREST.THIS IS WHY THESE TRANSACTIONS WERE ALL DONE ELECTRONICALLY…LIKE ENRON ON STEROIDS…AND THEY DID NOT PHYSICALLY DELIVER LOAN FILES…ALL OF THE TITLE COMPANIES AND BANKS AND MORTGAGE LOAN ORIGINATORS WERE IN ON THIS CYBERSHAM……THIS IS WHY THEY INSIDER TRADED AND CRASHED THE STOCK MARKET TO STEAL OUR WEALTH TO COVER FOR ALL OF THIS FRAUD……….THIS IS WHY WE HAVE THE DEED WITH NOT LIEN ATTACHED…THE ONLY SECURITY IS OUR PAID OFF HOMES….THAT WE PAID FOR WITH OUR TAX PAYER DOLLARS..THE PAID DEED PROVES THIS…THAT IS THE TITLE TO THE HO– USE, NO MATTER WHAT THEY LIE AND TELL YOU…..YOU WOULD NOT HAVE THAT DEED, STAMPED PAID IF YOUR HOME WAS NOT PAID FOR..BY YOU..MY RECORDER OF DEEDS OFFICE TOLD ME THIS IS TRUE……bottom line, their standing is no different than any other unsecured creditor…and therefore, these fraudulently induced mortgage debts should be fully extinguishable in a bankruptcy…..Taking someones home for an unsecured debt is illegal and is fraud…and the judges should not be doing this….they are aiding and abetting this crime…..and therefore are just as guilty..The latest Keiser Report talks more about the latest installment in this Global Ponzi Scheme…..Swindle and Heist:
http://www.youtube.com/user/MaxKeiserTV
What does this senior vice president mean by cure the paper work? Commit fraud and forgery on the
court by using falsified and fake documents? That’s not new nor original.
The investor should look at hiring one of those law firms who now go aggressively after lawyers
who commit fraud with intent.
bingooooooooooooooooooooooooo
Looks like we pretty much have them properly whipped, the banks seemed to have cut the same branch they were sitting on, then the homeowners came by with chain saws to chop up said branch for firewood. The banks will have to let go of the real estate and the people will simply grab it up, the banks may also pit us in some war, or some sort of strife which will work to divert our attention while they ploy a comeback.
…..bullcrap….bullcrap…..more bullcrap…..will it ever end?