Suits challenge way foreclosures are performed in Missouri

John Kevin Kennedy was an engineer at Anheuser Busch for 30 years. Then came the sale to InBev, and the big downsizing at the brewery left Kennedy out on the street along with much of his department.

With no job, he asked his mortgage lender for a lower payment on his home in Barnhart.

What happened next set in motion a lawsuit challenging the way foreclosures are done in Missouri. By raising questions about which lender actually owns the mortgages, the suit claims certain foreclosures weren’t properly done and it asks the courts to give “hundreds, even thousands” of Missourians their foreclosed homes back.

Kennedy’s is part of a broader legal movement nationwide challenging the foreclosure process, which debtors say is slanted against them.

“We’ll put an end to this,” vowed lawyer Stanley Wallach of the Wallach Law Firm in Creve Coeur. “The capes-and-crusaders mode . . . is to put this back on a level playing field.

Kennedy says Bank of America agreed to reduce his mortgage payment to $624 from $823, and that he made the lower payments through 2009 and 2010. Such modifications are often done on a trial basis pending a permanent decision.

So, he was shocked when the sheriff arrived with a notice that the bank was starting the foreclosure process.

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4closureFraud.org