One of the first issues I began fighting in the foreclosure fight was the failure of the Plaintiff to establish its capacity to sue the homeowner. The text below is from a post I wrote months ago on this very subject. In the months and weeks to come we’re all going to be learning and be far more concerned about the very real issue of Capacity. As we all struggle to unravel this monstrous mess, breaking down capacity will be a key focus in the problem. We’re all going to be searching around to determine who to sue and where to sue them, but because the courts failed to enforce the most basic pleading requirement….i.e. specifically identify who the parties to the lawsuit are, this is going to be most difficult.
Read the post below, understand it’s been up for more than six months and consider what I was saying then in the context of all these new revelations!
One of the persistent and most pervasive problems in the whole foreclosure crisis is the inability of any party to get reliable or credible information about what is owed on a mortgage, who that phantom amount is owed to and what negotiated amount a lender, servicer or other party involved in the transaction might accept to modify or short sale the underlying loan.
SOMEONE LET A BIG FAT STINKY CAT OUT OF THE BAG!
Another fascinating and very concerning issue that just developed this week is the publication on the MERS website of information that identifies who the servicer on a loan is and who the investor in that loan is. I’ve reviewed many of the cases in my office it I’m very concerned and perplexed by the fact that neither the servicer or investor matches up to the information I’m seeing in my cases. (SEE BLOG POST EARLIER THIS WEEK TO TRACK YOUR MORTGAGE IN THE MERS SYSTEM.)
When you combine all this information with the depositions of Robo signers that are posted on this website and others, you’ll understand that in a large number of cases, the only connection between the plaintiff foreclosing and the mortgage being foreclosed is a sloppy and hastily executed Assignment and Affidavit signed by an officer that has no corporate authority and has no personal knowledge of the information contained on those documents.
ASSIGN THE BID HERE, SUBSTITUTE THAT PARTY PLAINTIFF HERE, TRANSFER THAT PROPERTY HERE
Going back months now, I’ve been asking the question”¦”Judge, do you have any idea who you’re granting summary judgment to?” This is part of my ” capacity” argument that I’ve made often”¦.the issue I’m bringing to the forefront is foreclosure cases are filed in one party’s name, then in far too many cases, the name of the plaintiff changes somewhere in the course of the litigation. The practices of ex parte orders substituting party plaintiff, clerks assigning the bids after the judgment is entered and other improper methods of transferring the interests in litigation cases that collectively total BILLIONS OF DOLLARS IS GROSSLY IMPROPER.
THIS WHOLE SYSTEM IS A FARCE. A BROKEN DOWN, FRAUDULENT, SHAKY, DISHONEST AND TERRIFYINGLY CORRUPT SYSTEM.
The press and the general public is starting to pick up on these major systemic issues that judges, attorneys and other insiders have known about for some time”¦when the whole system collapses we’ve all got a real mess on our hands”¦.stay tuned.