More Illegal Foreclosures

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More Illegal Foreclosures

December 25, 2010 by nootkabear

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Posted in legal | 2 Comments

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on December 26, 2010 at 6:28 AM | Reply lawgrace

LAWYERS WHO FILE FORECLOSURES SHOULD BE INVESTIGATED http://chn.ge/eU2zAm

Scores of homeowners do not contest foreclosures because:
1. They don’t have knowledge of the law in order to recognize which aspects of foreclosure are legally challengeable or even fraudulent.
2. Even those who identify wrongdoing, lack funds to pay for attorneys to represent them.
3. Homeowners are told to come to foreclosure auctions with money that they do not have, so they stay away from foreclosure auctions.

These homeowners are oblivious about sometimes “straw buyers” and sometimes lawyers in charge of foreclosures, obtaining illegal ownership of people’s homes, and pay literally nothing through “credit bids;” and that those recorded deeds from such auctions are Null! For these very reasons, there needs to be a probe of lawyers who file foreclosures.

Also, the average lay person doesn’t know about legal requirements of “standing” that prevents their homes from being repossessed via non-existent lenders, or via lenders who have no ownership of promissory notes.

Yet, courts are supposed to enforce “standing” and compliance with established laws! Illegal, defective, fraudulent foreclosure causes useless deeds for property sales; title insurance denials –and more.

Further, after certain foreclosure auctions (via simulation) result in fraudulent –NOT lender acquisitions, by lawyers or straw buyers, the common scenario becomes property flipping, neighborhood blight, rodents, and so on!

*Sample of fraudulent foreclosure acts:

-Deliberately use defunct lenders, lenders without “standing” for false civil and bankruptcy foreclosure proceedings
-Create and conceal malpractice foreclosure delays and engineer billable litigation
-Orchestrate sham foreclosure auctions; property never acquired by lenders, but ‘straw buyers’
-Commit actionable wrongs (unfair debt collection, fraud, various torts) that create lawsuits
– Foreclosures naming defunct lenders, illegally recorded property deeds, flipping, blighted communities
-Unconscionably create false deficiency judgments against property owners after straw buyers acquire homes for pennies on the dollar
-Intentionally false Bankruptcy court “Motion to Lift” and “Proof of Claim” on behalf of non-existent lenders which conceals fact of a “non-secured” mortgage debt
-Involved in fraudulent collection of property damage insurance, as well as mortgage-default insurance
– Fraudulent foreclosures abet loss of property taxes to city revenue, and invites rodents, vagrants
– Thousands of families made unlawfully homeless from null foreclosure proceedings

Foreclosure lawyers are officers of the court. Lawyers are required to know applicable laws and civil procedure. This knowledge is not required of mortgage lenders, nor loan servicers.

*more @ Request for Congressional Foreclosure Panel to Examine Foreclosure Lawyers
http://www.change.org/petitions/view/request_for_congressional_foreclosure_panel_to_examine_foreclosure_lawyers#

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- on December 26, 2010 at 10:01 AM | Reply nootkabear
  
  Yes, I appreciate your response, and yes, you are quite right on all points.
  
  The case with Bank of New York Mellon, is especially tragic in my eyes. This poor lady has paid a lot of money toward a house ($600,000.00 of the $750,000.00), and they foreclose only days before there was to be closing on refinance.
  
  One thing that really bothers me on this particular case is, there was an individual who was “helping” her in the State Court action. Although the opposing party had brought up several times, that first there should be a case filed in Superior Court to set-aside the ruling, and that would stop the dispossessory, the person “helping” her, did nothing to alert the lady that there HAD to be a Superior Court action filed.
  
  When people find someone that is supposed to be “helping” them, they need to be very careful. So many promises of stoping foreclosures through so many different processes… How does one know who to trust?
  
  I sincerely hope that the lady gets to keep her house. With the price of appeals nowadays in Georgia (document copying went from $1.50 to $10.00 sheet) most people cannot afford to appeal. That is giving notice to the State and Superior Court Judges that refuse to abide by the law, a “go ahead and break the law some more”, “the individual can’t afford to appeal it”.
  
  It is such a shame…
  
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