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Foreclosure Trial: Judge, What we Have Here is a VOID Mortgage

By March 19, 2015October 8th, 2026No Comments

You see, The Plaintiff Cannot Foreclose on it, but he let them anyway!

foreclosure trial

No matter how long foreclosures proceed, no matter how many strange developments I see first hand….things just keep getting more and more bizarre.  There is one very clear and basic point about foreclosures that’s (kinda) hard to avoid.

And that is a party must actually own the property that’s being foreclosed if their interest is being foreclosed.

Well, in the following trial, that little point became a bit of a problem for the plaintiff.  A problem that is until they just decided to ignore the problem.

The transcript

12 THE COURT: So who is going to tell me
13 this is a void document? That’s my question.
14 Other than you.
15 MR. WEIDNER: There’s a place over at
16 Lakeland.
17 THE COURT: And how is Lakeland ever going
18 to see this case? They’re not going to appeal
19 it. You can’t appeal it because you’ve been
20 dropped as a party so you have no interest.
21 MR. WEIDNER: I’m suggesting that dropping
22 is the — is improper. We’re objecting to that
23 based on our interest in the litigation, based
24 on our interest in the property. The mortgage
25 is void. The judgment is void.

Bank America v Lymburner_12-10-14_Judge Baird_Condensed

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