The case and the briefs that are attached here represent all that is wrong with foreclosure and the courts all across this state. The case set pending since 2009. The notes and mortgages at issue were completely fouled up from the very beginning, when the loan was taken out in 2006. The bank/servicer knew the documents and their entire loan was much, much more than just really, really messed up years previously, but the bank and multiple sets of attorneys failed to do the first thing. They did not take discovery. No depositions, no interrogatories, no admissions. Not the first thing. And yet they waltz into court asking the judge to fill in all their blanks for them. In any normal courtroom this would be a non-starter, but this is only foreclosure after all.
This is all obviously teed up for a great appeal…unless the court does what even with my pessimism I think the court will do….stay tuned.
