This search is the example described in the video. Two separate foreclosure cases have gone wrong because they foreclosure mills used incorrect legal descriptions. Unraveling the mess will take years and litigation, but it could be resolved if the foreclosure mills and title companies would recognize the problems and work cooperatively to solve them. One of the most troubling aspects of this whole mess is the lack of cooperation we advocates get from the attorneys working for the mills. Most of the attorneys are just too overwhelmed to engage in thoughtful or meaningful discussions on any case.
We’ve all got to remember that working together to resolve our client’s conflicts is an obligation and professional responsibility imposed on us by our Oath of Admission to the Florida Bar.
Judges, attorneys, mediators and advocates should all be asking ourselves:
Could the foreclosure crisis have been averted if ethical and responsible attorneys were more involved in the closing and title processes when loans closed?
How can courts who are burdened with this crisis force the parties involved to come up with more pragmatic and real world solutions to the problems? (This means not granting foreclosures on homesteads, but forcing Plaintiff’s attorneys to force their clients to accept real world best-case deals with the existing homeowners.)
Specific Language in this search that shows yet another problem with the search:
Mortgage to Mortgage Electronic Registration Systems, Inc., as nominee for Amnet Mortgage, Inc., DBA American Mortgage Network ofFlorida, mortgagee(s), recorded under O.R. Book 14877, Page 1301, as assigned to Indymac Federal Bank, FSB, flk/a Indymac Bank, FSB, assignee, by assignment recorded September 21,2009, under O.R. Book 19475, Page 1596, Public Records of Hillsborough County, Florida. (Note: Legal description on Assignment of Mortgage is incorrect)
and yet another example of mixed and confused legal descriptions that cause major title problems
The point to be made from all this is that the ethical, responsible and concerned legal professionals who are fighting these battles need to convince our judges that we’re trading short term “solutions” for long term, critical problems. We need to educate judges that summary procedures are a long term danger. We all must work together to prevent the larger crash that is coming.