Foreclosure Defense Florida

BOMBSHELL- “Lost Note” Counts in Foreclosure is a Practice That The Mortgagee, “DOES NOT SUPPORT”

All across this country, millions of lawsuits are filed and included in the initial lawsuit is the claim that the promissory note sought to be enforced has been “lost”.   Several important things to consider:

1. More often than not, the note is not lost at all.   As Judge Hawthorne noted in a recent seminar, “A hard to find note is not the same as a lost note.” (How many times is that count plead, but the count if finally dropped when the note is found?)

2. Many times, the notes sought to be re-established through statutory procedures is not a “negotiable instrument” as defined by the UCC and thus they are not subject to the technical requirements for re-establishment.   (Far too often credit card agreements, open lines of credit and other documents that are not even close to promissory notes are improperly entered as lost notes, but they flat out are not.   Important facts that are missed by foreclosure defenders and missed or ignored by judges.)

3. The failure to account for the original note is a fatal flaw in foreclosure that should not be ignored. (It will show up later.)

So now here’s the bombshell.   This procedure is used all over the country…the count is plead literally millions of times all across the US.   And now comes inside information that this is not even a practice that is supported by the corporate monster on whose behalf this is done….as indicated in this email, third parties who are not the actual real parties in interest in litigation are driving a practice that is not supported by the real party upon whose behalf the attorneys are allegedly working…

Attorneys for mortgage companies usually are under very tight time pressures from investors third party default services to act quickly. Instead of actually producing the note, many attorneys rely on the practice of filing a ” lost note” affidavit. This is a practice that MERS does not support. When MERS forecloses, we require that the promissory note be in our possession endorsed in blank, making MERS the note-holder with the right to enforce it.

According to the website, ForeclosureFraud.com these bombshell revelations came straight out of Merscorp, Inc. Fairfax, Virginia.

Fairfax, Virginia, United States
Merscorp, Inc (66.239.151.2)

This is what they had to say…

Author : MERSCORP (IP: 66.239.151.2 , 66.239.151.2.ptr.us.xo.net)
E-mail : communications@mersinc.org
URL    : https://www.mersinc.org

Comment:
In the foreclosure process, MERSCORP Inc. (MERS) has been and continues to be an outspoken advocate for all parties, producing all the required evidence, including the note. If that means taking more time to gather the necessary documents before rushing in and filing a pleading, MERS strongly recommends doing so.

It often takes time to produce the note. Attorneys for mortgage companies usually are under very tight time pressures from investors to act quickly. Instead of actually producing the note, many attorneys rely on the practice of filing a ” lost note” affidavit. This is a practice that MERS does not support. When MERS forecloses, we require that the promissory note be in our possession endorsed in blank, making MERS the note-holder with the right to enforce it.

HOW IN GOD’S NAME HAS SO MUCH LAW,

SO MANY FACTS,SO MUCH FRAUD

BEEN TOTALLY IGNORED JUST TO SERVE THE INTERESTS OF PARTIES WHO

CREATED SUCH A COLOSSAL DISASTER?

Why are judges all across this country just ignoring all of this?

Why do they feel so compelled to hold their noses, look the other way and push, push, push this whole corrupt process through?

Why are so many consumers still going unrepresented?

Why is not the entire judicial system in an uproar over what’s happening to the integrity of the courts?

4 Comments

  • BANK BUTT SMOOCHERS (AKA @SS KISSERS) NEED TO GET VOTED OUT… PERIOD, END OF STORY!

    https://www.politico.com/news/stories/0410/36290.html

  • Jennifer says:

    Why are judges all across this country just ignoring all of this?
    My opinion, is they don’t know –it’s bigger than they even know.

    Why do they feel so compelled to hold their noses, look the other way and push, push, push this whole corrupt process through?
    My opinion is , You know how when you are so overwhelmed, you just want it off your desk so it will go away because you just don’t know what to do and you’ve got pressure coming from your higher ups with their rules and the system….????

    Why are so many consumers still going unrepresented?

    My opinion…mainly fear, lack of knowledge and of course the fact it costs money to be represented, with no guarantee….

    Why is not the entire judicial system in an uproar over what’s happening to the integrity of the courts?

    My opinion, it’s always different until it happens to you…..

  • Alina says:

    I can tell you why so people are unrepresented. I have worked as a paralegal for last 20 years. So when I was served with the foreclosure lawsuit, I instantly knew that it would be best to have an attorney. I contacted several real estate attorneys I knew beleiving they would be well versed in TILA, RESPA, land trusts, etc. I sat down with them and explained in detail what was going on my case. I explained that I had rescinded the loan six months before. Also, explained to them that the note does not name MERS.

    Their reaction stunned me. I was told that since I had not paid the mortgage for the past 6 months, it would be better if I filed for bankruptcy. I was told to talk to the servicer and work out a deed in lieu or a short sale.

    Given their reaction, I decided to go it alone. At that time, there were no attorneys in Orlando who understood the real defenses to these foreclosure actions.

    I am presently defending the state foreclosure as well as prosecuting a federal action to enforce the rescission. It has been more than 2 years. I won my first round of 12(b) motions to dismiss. Waiting on the judge to rule on their latest 12(b) motions.

    It has been only recently that attorneys have come forward in the State of Florida. However, the number of attorneys are only a handful. Homeowners need more.

    • Debra says:

      Where can I find more information on how I may be able to keep my home? I was served with foreclosure papers in April of 2009, filed bankruptcy last month and am now receiving letters from a Miami attorney representing Bank of America with an option for a deed in lieu of foreclosure. I have reason to believe that the originating loan papers are missing from BOA’s files.

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