Dear Matt,
How can we settle with parties who do not have the right to foreclose in the first place? I am not being facetious and I am not a “free house” advocate either. Still, unless the foreclosing entity is willing to hold the homeowner harmless on payments made to the wrong entity, how do we craft a settlement? Servicers are requiring global waivers just to do a modification or a settlement. Please advise.
A recent solution I came up with is to refuse to waive the homeowners’ rights to refund of all payments made to the holder of a rubber stamped endorsement in blank and never concede standing. This worked in one bankruptcy case. Otherwise, we have to try to state court cases on the issue of standing. See BAC Home Loan Servicing, f/k/a Countrywide Home Loan Servicing v. Williams, won by pro se litigants (he is a legal studies student) Wisconsin Court of Appeals District IV Case No. 2010 AP 2334 available under court of appeals decision at https://www.wicourts.gov/other/appeals/caopin.jsp?docket_number=2010AP002334&range=None&begin_date=&end_date=&fpb_beg_date=&fpb_end_date=&trial_judge_last=&party_name=&trial_county=&ca_district=&disp_code=&cite_type=&cite_page=&cite_volume=&pdcNo=&sortBy=date&submit=Search
With whom are the homeowners supposed to settle?
(Keep up the great work.)
ONE MORE THING: The Williams case is an unpublished opinion, so its use is restricted. The Courts of Appeals do this in all Wisconsin foreclosure cases to avoid making precedent. Still, the case can be used under the terms of Wis. Stats. sec. 809.23(1)(b)5.
Dear Matt,
How can we settle with parties who do not have the right to foreclose in the first place? I am not being facetious and I am not a “free house” advocate either. Still, unless the foreclosing entity is willing to hold the homeowner harmless on payments made to the wrong entity, how do we craft a settlement? Servicers are requiring global waivers just to do a modification or a settlement. Please advise.
A recent solution I came up with is to refuse to waive the homeowners’ rights to refund of all payments made to the holder of a rubber stamped endorsement in blank and never concede standing. This worked in one bankruptcy case. Otherwise, we have to try to state court cases on the issue of standing. See BAC Home Loan Servicing, f/k/a Countrywide Home Loan Servicing v. Williams, won by pro se litigants (he is a legal studies student) Wisconsin Court of Appeals District IV Case No. 2010 AP 2334 available under court of appeals decision at
https://www.wicourts.gov/other/appeals/caopin.jsp?docket_number=2010AP002334&range=None&begin_date=&end_date=&fpb_beg_date=&fpb_end_date=&trial_judge_last=&party_name=&trial_county=&ca_district=&disp_code=&cite_type=&cite_page=&cite_volume=&pdcNo=&sortBy=date&submit=Search
With whom are the homeowners supposed to settle?
(Keep up the great work.)
ONE MORE THING: The Williams case is an unpublished opinion, so its use is restricted. The Courts of Appeals do this in all Wisconsin foreclosure cases to avoid making precedent. Still, the case can be used under the terms of Wis. Stats. sec. 809.23(1)(b)5.