Comments on: The Florida Bar: Cracking the Mortgage Assignment Shell Game

By: BOBBI SWANN

BOBBI SWANN — Thu, 30 Oct 2014 15:19:49 +0000

In reply to Jonathan.

Jonathan – the mere fact that the lender added D.L. Lennon’s name to the foreclosure and listed as the lone defendant is a violation of civil procedure. He may or may not have standing as you say b/c he may be entitled as an ‘heir’ to the property through a last will and testament. If there was a will, it should have been probated and the property would have been an asset of that probate. The Courts obviously recognized some sort of standing on the part of D.L. Lennon. Now, due to the violation of adding him as a defendant he should turn around and file for a Motion to Vacate the judgement and then sue the lender for punitive damages. It was successful in the YUBA case.

By: Jonathan

Jonathan — Sat, 25 Oct 2014 05:33:35 +0000

In reply to D.Lennon.

Technically you had no standing in your brother’s case in multiple ways. First, you did not sign the note or mortgage so had no legal defenses to the note and mortgage claims (all) in the complaint. You were not in privity of contract with the bank suing (not a party to that contract- only your brother, possibly his wife if married, and the bank)

Second, if you were defaulted (as you state) or dropped as a party then you had no right to speak at the final judgment hearing or allege ANY defenses (even if you could and had standing to do so in point 1 above).

This is simply the rules of civil procedure for all civil cases unfortunately.

By: D.Lennon

D.Lennon — Tue, 21 Oct 2014 17:07:10 +0000

Confused by……10-10-14, 2nd court appearance re. my deceased brother’s property. The first had been cancelled/continued by bank attorney. I assumed this would be as well, because the court mandated 72 hour prior to court meeting of the parties had again not happened. Despite arriving before the appointed time – I was ushered out by the bank attorney who explained that this had been her last foreclosure of the day so she had finished up early, I wouldn’t be financially responsible for anything as my name was not on the mortgage. Also, I should be able to get the property at auction in Dec. WTH?!? My brother’s sudden death in 2010 had led to my making an inquiry for another family member re. paying off the loan – the bank repeatedly ignored this, but added my name to the foreclosure. The property is adjacent to mine, so for 4 years I’ve endured physical, financial, emotional injury, as well as defamation of character – while subject to the looting and destruction of this home by those who claimed to represent the bank as well as would be squatters. All could have been avoided. Now I see in court records that I am listed as the lone defendant (Defaulting party???) Can anyone explain this?????

By: Ruth Vorse

Ruth Vorse — Sun, 19 Oct 2014 21:08:18 +0000

In reply to Ruth Vorse.

I found investor info through SEC filings – but I guess I am confused how you can do a remod on a security since it is no longer a mortgage – remod done by same bank as original mortgage – I didn’t know if I needed to be looking for another set of securities because was treated like new loan. I will be contacting an attorney – just trying to get
some research done (tracking certificates/ chain of title/ etc.) to take with me –
Thank you for your response!

By: neidermeyer

neidermeyer — Sun, 19 Oct 2014 20:42:19 +0000

In reply to Ruth Vorse.

Consult a lawyer in your state… it is vital that you make them state the “investor” ,, most loan mods DO NOT NAME the financial institution that is agreeing to the mod because it’s really just the underwriters syndicate (the investment bank that supposedly wrote your mortgage and “sold” it to a securitized trust) adjusting their passthrough to the real investor(s). FIGHT FIGHT FIGHT FIGHT FIGHT. The actual “investors” in the certificates have no actual loss as the syndicate advances payments no matter what ,, and calls it “servicer advances” ..

By: BOBBI SWANN

BOBBI SWANN — Fri, 17 Oct 2014 20:08:27 +0000

It would be different if the courts would rule in unison, but that is clearly not the case in Florida. What might be a good case for one is not necessarily the same for another defendant. Our laws are so radically misinterpreted or should I say varying interpretations that there is really no set standard of foreclosure. We all know how the judges can be swayed in most cases towards the plaintiff no matter what the law states. What we are experiencing is a total collapse of the legal system in Florida, flawed with corruption and dishonesty to even include those on the bench. I doubt if there is a handful of people (voters) out there who would resonate with such adoration for the court systems here. For me, the only joy is the upcoming election wherein all the incumbents will be thwarted out!

By: Ruth Vorse

Ruth Vorse — Fri, 17 Oct 2014 15:50:51 +0000

Does remod paperwork (new interest rate and terms plus new balance) super cede existing loan paperwork – Ocwen trying to foreclose on original note from 2005 – remod done in 2010 does not show up in property search – Watson P.A. files assignment in 2010 with back dated paperwork dated 2009 with robo signer Patricias Arango – Ocwen states this is securitized investment.
Seems like lack of standing – will not provide proof of original note.

By: Dominick Sammarone

Dominick Sammarone — Fri, 17 Oct 2014 12:48:14 +0000

The Florida bar is cracking down? That’s a laugh… The Florida bar couldn’t find the crack of their ass! The Florida bar is comprised of attorneys who couldn’t make it in private practice so they took a handout job also known as a hand job. I highly doubt anyone has the skills or qualifications of untangling the mers the Debacle. Florida bar is riddled with boobs that have a better chance of making money as a topless bar.