This week the Massachusetts Supreme Court handed down a very important case. US Bank v. Ibanez stands for the proposition that we plaintiffs lawyers who have been looking at these cases have thought all along: That the assignment of a mortgage is only as good as the paper trail that precedes it.
Ibanez is going to give the foreclosure industry fits, because it is likely to be cited and used in other states. I know I'm going to use it. It cites the "utter carelessness" by the mortgage industry which brought us to this point.
It also stands for the proposition that Robo-Signers or not, the banks do have to comply with common sense and American law to be able to foreclose. Of all the foreclosures I have dealt with since 2005 instituted by a big bank, that has only happened once, and in that case, the mortgage for some reason was held by the bank and never assigned. However, they were still using the wrong name on documents and we still stopped the foreclosure for long enough to be able to get that sorted out.
IT IS TIME TO BRING THESE CASES TO COURT! LET US KNOW ABOUT YOURS TODAY!
A blog to keep you aware of your rights with your home. Contact us at 877-945-3952.
Sunday, January 9, 2011
Saturday, January 8, 2011
The Size and Scope of the Foreclosure Fraud
When you went and borrowed money to buy your home, you likely sat at a title company for the better part of an hour and signed your name. Again and again. Name affidavits. Lead paint disclosures. Warnings indicating that YOU better not be committing mortgage fraud.
Funny. It now appears to me that in many cases, in all those documents , created by very smart people, they left out some incredibly important things:
1. The ability of anyone other than the original lender to foreclose by sale;
2. The ability of a mortgage lender to call a foreclosure sale;
3. A system that they wanted that eliminated the need to record assignments, like everyone had done for more than a hundred years.
In other words, they forgot that if something happened to the loan, somebody was going to eventually have to deal with it. And they left themselves open to ... well, ... this.
I believe that any mortgage that was originated and then immediately sold has a better than 50-50 chance of being completely invalid. That's how bad our smart guys did at their paperwork. They didn't do it, then they hired a bunch of hacks and fakers to sign as if they had.
It's getting bad out there folks. If you need to hear more, or if you think you might have a case, PLEASE let me know. We want to help more people.
Funny. It now appears to me that in many cases, in all those documents , created by very smart people, they left out some incredibly important things:
1. The ability of anyone other than the original lender to foreclose by sale;
2. The ability of a mortgage lender to call a foreclosure sale;
3. A system that they wanted that eliminated the need to record assignments, like everyone had done for more than a hundred years.
In other words, they forgot that if something happened to the loan, somebody was going to eventually have to deal with it. And they left themselves open to ... well, ... this.
I believe that any mortgage that was originated and then immediately sold has a better than 50-50 chance of being completely invalid. That's how bad our smart guys did at their paperwork. They didn't do it, then they hired a bunch of hacks and fakers to sign as if they had.
It's getting bad out there folks. If you need to hear more, or if you think you might have a case, PLEASE let me know. We want to help more people.
My Story
My name is Dale Wiley. I've practiced law for a dozen years, and although I am based in Missouri, I have had involvement in cases all over the nation, from Georgia to California.
My firm had our first run-in with the mortgage epidemic in 2005, when a widowed woman with three children hired us to help keep her from foreclosure. We discovered in that case that the Successor Trustee (who is supposed to have duties to the borrower and the lender) was also acting as the attorney for the lender. This appeared to be a clear-cut violation of all the rules and cases on trustees, and we sued to have the removed. After stopping the foreclosure sale, the judge agreed with us, and the trustee was removed. Our client had enough time to rebound, and her home was safe.
Since then, we have dealt with numerous mortgage situations, with great results. We have done everything from delay foreclosures to discovering that the property in question was being foreclosed under the wrong name!
We have two main emphases:
1. KEEPING FORECLOSURES FROM HAPPENING
2. HOLDING FALSE FORECLOSERS ACCOUNTABLE.
If you or someone you know falls into one of these categories, please let us know. Contact us at (417) 723-0051 or fill out the form and someone will contact you immediately.
This is too important not to act. Help us make things right.
My firm had our first run-in with the mortgage epidemic in 2005, when a widowed woman with three children hired us to help keep her from foreclosure. We discovered in that case that the Successor Trustee (who is supposed to have duties to the borrower and the lender) was also acting as the attorney for the lender. This appeared to be a clear-cut violation of all the rules and cases on trustees, and we sued to have the removed. After stopping the foreclosure sale, the judge agreed with us, and the trustee was removed. Our client had enough time to rebound, and her home was safe.
Since then, we have dealt with numerous mortgage situations, with great results. We have done everything from delay foreclosures to discovering that the property in question was being foreclosed under the wrong name!
We have two main emphases:
1. KEEPING FORECLOSURES FROM HAPPENING
2. HOLDING FALSE FORECLOSERS ACCOUNTABLE.
If you or someone you know falls into one of these categories, please let us know. Contact us at (417) 723-0051 or fill out the form and someone will contact you immediately.
This is too important not to act. Help us make things right.
Fraudulent Foreclosures?
The information rushing in about the foreclosure nightmare that has followed the housing bubble is just amazing. I am floored every day with the new information which goes to show how completely the banks disregarded the rights of homeowners and a thousand years of established Anglo-American real estate law.
Here are some articles detailing huge issues in foreclosure fraud:
Florida Attorney General
US Bank and Wells Fargo lose Massachusetts case
Bank of America, Chase, GMAC Implicated In Fraud
The MERS Mess
MERS 101
Robo-Signers
Here are some articles detailing huge issues in foreclosure fraud:
Florida Attorney General
US Bank and Wells Fargo lose Massachusetts case
Bank of America, Chase, GMAC Implicated In Fraud
The MERS Mess
MERS 101
Robo-Signers
Subscribe to:
Posts (Atom)