“the fact is the homeowner will be foreclosed on, because someone holds the note and the homeowner didn’t pay his mortgage”
~ Kathleen Passidomo
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Foreclosure bill fight sharpens
Senate Judiciary Committee puts contentious legislation to streamline foreclosures on fast track
The bill tromps on the homeowner’s right of due process and gives a pass to lenders who may have filed fraudulent paperwork or lack the documentation to prove they own the note and have a right to foreclose, claimed Woody Ryan of Naples, a homeowner in foreclosure who testified Monday before the committee.
He objects to the bill’s provision of finality of judgment, which means that once a home is foreclosed upon and sold in a short sale to a new owner, that new owner holds clear title to the property even if it turns out that the home was foreclosed upon fraudulently by the lender. The original homeowner can’t get his home back, but he can sue the lender for damages.
“You go round and round and wind up with nothing in the end but a legal bill,” said Ryan, a member of the Mortgage Justice Group.
“The Constitution has to do with the right to property, the right to ownership,” he said. “It gives you something to defend. It gives you something to hold onto for your family.”
Full report here…
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Florida is quite well known to be crooked.
But is New York following behind?
A panel moved a case to another court after Judge Arthur Schack tossed it because the bank would not cooperate.
Panel Reinstates Foreclosure Action, Assigns to New Judge
http://www.newyorklawjournal.com/PubArticleNY.jsp?id=1202542731507&Panel_Reinstates_Foreclosure_Action_Assigns_to_New_Judge&slreturn=1
That is the best advice from litigant.
Get a lawyer that understand this process and what is happening. All lawyers do not understand and since the banks have been proven right so many times in the past, most lawyers assume you are wrong and the financial institution is right.
Not so any more.
Sue, don’t just complain. Demand your rights and make them prove if they can their case against you or shut up and leave you and your home alone.
Any law that is unconstitutional can be overturned by any judge. All we need is one judge who is squared with the constitution to declare the law unconstitutional and it is moot. Any due process guaranteed by the constitution cannot be overturned by a legislature. Done. Let the law suits against this legislation begin.