If your house is in foreclosure do not move out. Very important!

[UCmeNdc]

This discussion thread was locked as off-topic by Lone_Star_Dem (a host of the Latest Breaking News forum).

If your house is up for foreclosure make the people who say that you owe them money, prove legally with the right paperwork in order, that you actually legally owe them money. Do not move out until you have a lawyer examine the paperwork for signatures and correct dates etc. More than likely you do not owe these people money since they do not own the loan they say they own. In other words they are fraudulently making a claim to your property. Do not move out!

Audit Uncovers Extensive Flaws in Foreclosures

http://www.nytimes.com/2012/02/16/business/california-audit-finds-broad-irregularities-in-foreclosures.html?_r=1


Anecdotal evidence indicating foreclosure abuse has been plentiful since the mortgage boom turned to bust in 2008. But the detailed and comprehensive nature of the San Francisco findings suggest how pervasive foreclosure irregularities may be across the nation.

[grahamhgreen]

1. Kick

[COLGATE4]

2. The first thing you should say to the bank

is "Produce the note". Unless and until they can do it, stay put.

[zipplewrath]

3. Probably good advice

Good basic advice, unless of course you have somewhere solid to move TO.

You can fight these foreclosures, and you might win for some extended period of time. Alternately though you may never get clear title to the home. You probably owe SOMEONE money, and sooner or later they may end up coming to call. Furthermore, you may never be able to sell the house because no one will touch it if they don't believe THEY can get clear title to it. You can try though. When you look at what is happening in and around Detroit, there might be reason to hang around.

[Lone_Star_Dem]

4. Sorry, not LBN

Post the latest news from mainstream news websites and blogs. Important news of national interest only. No analysis or opinion pieces. No duplicates. News stories must have been published within the last 12 hours. Use the published title of the story as the title of the discussion thread.

This article does not have the original published title, and is from yesterday.

Feel free to repost elsewhere.

[Autumn Colors]

5. Unfortunately, judges in CT are looking the other way

I've talked to two lawyers, one of whom was recommended by the attorney representing DU-er "ms.smiler" in her case that is going to court next May in another state. The first told me not to even bother going that route because the judges here don't want to hear any of "these produce-the-note cases". The recommended lawyer chose his words very carefully (in order to not drive away potential new monthly income that could drag out for months to years, I'm guessing) and said that one of his ongoing cases was DISMISSED by the judge after the bank ignored the demand for documents. They are appealing, but all he would say was that he thought it might be possible to win. I told him the maximum amount I could afford to pay monthly and he said that wasn't even in the ballpark. He wasn't willing to do anything on contingency.

So, if one can't pay the mortgage because of lack of income, how does one find the money to pay a lawyer to take said banks to court? Sounds easy on paper or a message board. In the real world, not so much. People are going into foreclosure because of lack of money, which means there's no money above trying to buy food, gas, car insurance, etc. to pay for any lawyer. Doesn't matter if the case is open/shut. If a lawyer won't do anything on contingency, there's no way to even pursue this.

Luckily for ms.smiler, she lives in a state where there are many of these cases going on and it looks like the courts may be ruling in the homeowners' favor. I've been told by two different lawyers (one outright and one implied) that it's an uphill battle in CT where the judges seem to be letting the banks fix their errors long after the deadline.

I know for a fact that any assignments that show up in the land records here will be fraudulent because I checked and the bank who originated my loan more than four years ago is still listed as the servicer. My mortgage was sold to Countrywide after I had made only one payment to the originator and then ended up at Bank of America. That's two assignments that should have been filed with the town clerk more than a few years ago. They never were. Any documents filed now have to have been forged because Countrywide no longer exists as an entity, so how can they be filing new documents when they no longer exist?

Very, very depressing.