Charles, if only we had more legal help on a nationwide scale. There are few attorneys knowledgeable enough or that have research and funding to handle if they are even motivated to do it. The suit in Memphis against Wells had a team of attorneys and the city/county funding behind them. It paid off for people, municipalities and of course the lawyers handling. The banking industry knows they have the upper hand. This is why it will take a class action against MERS like Biden’s. If he wins it will set precedent. Each state, like Biden’s is working individually but they are tackling a giant that knows if MERS loses legal standing, they are in for a wild ride. Usually what happens when the initial motions to dismiss are rejected and things look “bad” for the bank or the Court does not dismiss, the bank will opt out by settling, opting for no admission of wrongdoing as part of the settlement. The Memphis Wells settlement will encourage other cities, states to proceed. The settlement was helpful to the overall cause against predatory lending. Stay informed in your area.

The Memphis Wells Fargo settlement was targeted for this area and Tennessee but there may be a similar action in your state that you are unaware of or may have already occurred. I find that much of this happens without the public being fully aware of what is available past or present. Anyone reading this and may be in a similar situation, it pays to check and educate yourself on available resources..
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You may have limitations on the time frame in which you could file a lawsuit so it is important to contact someone for advice very soon. If you have a legal services in your community ask them for help explaining your situation that you were forced out as a disabled person. You might contact attorneys who typically handle bankruptcies to see if they handle or know of an attorney who handles suits of this type. Check with the law schools, if one is near, for referral info. There may already be a suit filed as there was in my area that tackled Wells Fargo for predatory loans and targeted the same type action as you suffered. Wells just settled with Memphis, Shelby County for millions of dollars, which will be used to help people like you. You might write letters to your Attorney General, the OCC, even contact attorneys who do pro bono work. If you are legally disabled it might have been illegal to evict you but you have to seek information now before a statute of limitations expires. It is possible to file suits pro se, but a complicated road to travel but not impossible. The Courts are a little more lenient to pro se filers but timing is critical. You need to learn your rights and see what might be available for you. Your story breaks my heart because I have seen it played out locally in Memphis as people were forced from long time homes in the same way you were. Good luck.

Thank you! No letter was received – no notice whatsoever.

I’m ordering copies from the registrar’s office in the meantime but this has come at a complete shock.

They typically send a letter before they begin the sale process advising you that they can foreclose without additional notice. A friend had this happen and they set the sale. There is a law in TN and I thought it was federal that they are required to give you notice of sale. You have to read everything. In a letter he received the sale date was buried on the second page and was actually listed on a Saturday, an error. They attempted the sale the day prior but his attorney filed suit with a TRO to prevent a sale. Will keep posted on what happens next but a complaint against the lender, originating lender and service attorney was filed.

It is designed to facilitate and conceal multi-pledging of loans. Everything else is a distraction.

I got some news today. I found that Chase has filed a Sheriff’s Deed on my property without even going through the proper foreclosure process as required in Michigan.

No notice of foreclosure published in the paper. Nothing at all in our local paper (there is only one in the entire county). They are also required to post this on the door of the home….nothing.

They tried to foreclose over a year ago….but cancelled it and tried pushing us into a modification (to cover up very obvious fraud in the foreclosure). Nothing thereafter – not a thing except they’ve been trying to show the property was abandoned (HAH!) and we sent return receipts of proof that it was not…every single month.

I was looking at our county data and there it was: 5/2012 Chase filed a Sheriff’s Deed. What a shocker. Totally illegal process of theft.

Any law firms out there or homeowners seeing this similar sneaky, illegal technique? I’d love to hear from you. Thanks as always!

Beth

Key tip off that MERS know it is beat when it says that name one borrower that was not in default? Well if there is not Lender that can provide a paper trail of ownership, which is every loan that has ever been in a mortgage pool where the Note were signed blank, that means there was no Lender to call the Note due because there was absolutely no debt.

I think the major lenders fund, support and defend MERS collectively and that is why and how they stay in the kitchen with all the heat. The banks are stuck with MERS though because they are on almost every note in recent years. If SOMEHOW MERS could be taken down as perpetrating an illegal action contrary to property registration law the industry would be in trouble. You know they are already at work supporting MERS to ensure that does not happen. Some Courts have granted legal standing because a default exists. Some bankruptcy courts have not been as forgiving with MERS. Personal opinion but I believe If MERS goes down, we could see some relief because it would make every foreclosure action suspect, wouldn’t it? MERS should be unable to initiate action as trustee when they really have no skin in the game if note has transferred without proof of chain of title. Does the note not have to follow transfer? We need legal exploration.. As it stands, MERS has been allowed to operate independently of chain of title. How do title companies insure title in cases where they have no interest?