There are millions of vacant and abandoned homes all across this country. When they throw people out into the streets, the power is often turned off, the home left vacant and when it does…after a very short period of time…especially in Florida, the mold kicks in and the home becomes a tear down.
I am aware that potential sales are being denied not because the borrower does not want to purchase, and not because they cannot get a loan, but because they cannot get a clean home inspection/warranty due to mold and water intrusion issues.
Kinda makes you ask that basic question….”What’s the point of all this foreclosing?”
I sat in court yesterday and watched lenders trying to cancel sales….but courts are not permitting them to do this…..that’s right, even if a Plaintiff wants to cancel a sale, the court will not permit them to do so……
Why is this country so hell bent on throwing Americans out into the street….it ain’t like there are new, better, bill paying Americans out there lined up and ready to move into these homes….
Read/Listen to the story below:
I am working a case where the plaintiff just
filed a motion to cancel the sale. Are you saying
the court will deny their Motion? Why?
The defendant filed an emergency motion to cancel the sale and it was denied. Now the plaintiff wants to vacate the judgment, cancel the
sale and the Lis Pendens and have the Court return the Note. What is going on here?
Sad and sorry state of affaires. But when homes are left vacant in Florida, this is the result.
No winners.
What are your thoughts on this articles?
https://www.npr.org/blogs/money/2011/07/14/137826631/fewer-foreclosures-now-more-foreclosures-later
This country has gone NUTS! A home used to be a person’s castle, something of great value, not only of economic importance, but a measure of success, well-being, and community. Now the banks and the courts have devalued our homes into little more than wooden boxes and undermined our economy and way of life. Now the ownership of our homes is in question, people are subject to corrupt legal process, folks fear of being kicked out by the sheriff, the list goes on, and on….
FYI, bulldozing has been going on for some time. In Victorville, California a developer bulldozed new homes in 2009:
“The bank that repossessed the property said that clearing the rubble instead of putting more money into the homes that hadn’t been completed was the cheapest fix.
Victorville residents like Brooke Bollinger have watched for weeks as a 16-unit neighborhood was flattened. Four completed model homes, along with a dozen homes still under construction, have been bulldozed in the last three weeks.
“They were beautiful homes, they were luxury, they were huge,” Bollinger said.
The developer hoped to sell the homes for more than $300,000 each. Building permits were issued in September of 2007, but as median home prices started to tank months later, there were no buyers.
“I was carpenter most of my life, and we used to build houses, not tear them down,” said Jeff Cittel, a Victorville resident.
“I think it’s terrible, man, all the homeless running around without a place to live, and there they are knocking these brand new houses down.”
https://abclocal.go.com/kabc/story?section=news/local/inland_empire&id=6797624
https://www.totalnoid.com/2009/05/05/wow-new-model-homes-bulldozed-in-california/
https://housingdoom.com/2009/04/28/unwanted-new-homes-bulldozed/
https://ti.org/antiplanner/?p=1254
Because people have been possessed by evil spirits to destroy one another.
The Judge granted plaintiff’s motion to cancel
sale, vacate judgment, cancel LP and return documents.
What was interesting is that “rocket docket”
Judge denied defendant’s motion but then later
“real” Judge granted plaintiff’s motion to do the
same thing. (Which is what should have been done.)
You have to file a counter-claim. See UCC 3-305 Claim in recoupment. And UCC3-306 – Claim of possessionary and property right in the note and it’s proceeds. It’s all about the money. They are claiming the money(note). When they foreclose, the lender sends you a 1099-A, which is abandonment of your claim in recoupment of FUNDS from the proceeds of the sale of the security, not the house. They take the house as a bonus. You have to come in as the creditor with rights to the funds. When you file the counterclaim, you come in as the creditor. Debtors have no rights., only creditors do. That is why you have to make them prove they have rights (interest) as the creditor. But they are not, they are usually just the servicer. Also, title 16, 16 cfr, 433.2, they leave this out of the contracts and should be in – “buyer/seller (of the money) take it SUBJECT TO all defenses and claims that buyer could assert against any transferee or buyer or anybody who sells the note.” There is no holder in due course, because a holder in due course takes it free of all claims and defenses. They don’t take it free, but because they left out the clause in Title 16, they are getting away with it. Fraudulent contracts, misrepresentation – gives right to rescind or revoke the negotiation. Also, note/mortgage is a security because it’s term is over 9 months, which automatically makes it a security, under UCC-8.
A security is non-negotiable. If it is non-negotiable then it is governed by contract law. As a Grantor (borrower), you can use contract law, law of trusts. If note/mortgage/contract does not say it is irrevocable, then it can be revoked -misrepresentation, making borrower undisclosed 3rd party to the servicing and pooling agreement – non-disclosure.
There may also be a connection to the Treasury in these claims as most loans are government backed. Government is broke, or so they say. Do courts have a directive to foreclose per government order? Something to look into. OCC filed cease and desist on all the lenders, so why are they foreclosing?
No one wants to look at the fact that the promissory note was never intended to be a promise, but was always intended to be a draft, under UCC 3-104 which states: An instrument is a “note” if it is a promise and a “draft” if it is an order. If you look at the definition of an instrument and liable parties under alteration under UCC 3-407, the instrument is a security, which is deposited as a draft, endorsed “pay to the order of” just like a check. So the buyer donates the instrument, which is the value in the transaction, and the banks bring nothing to the table. The banks don’t really care and don’t have any skin in the game, tossing the instrument around like a hot potato to avoid the capital transfer taxes, their only interest being to collect the fees and pass the liabilities onto someone else. The courts don’t want to look at the fact that the Constructive Trust created at the closing table , is created by the borrower, who is the grantor, settler, donor, and interested party. The borrower has all of his skin in the game with everything to lose. The banks have nothing to lose and everything to gain. They not only steal the security at closing, print digital numbers on computers out of thin air to pay the sellers, leverage the security up to 30 times it’s face value, but they then turn around an sell the security without passing it to the Pool, turn it in to AIG for the insurance, or some TARP program, and then they get the friggin house too!
It’s about time we realize that, under Contract Law and Trust Law, the banks did not provide full disclosure, did not have a meeting of the minds with the buyer, did not provide consideration, and did not put their wet ink signatures on any contract! It’s not even a contract, it’s an implied trust! The borrower then turns around and gives the house to the bank at closing in a Constructive Trust, and the bank uses the borrowers power of attorney as warrant to defer the capital transfer tax!
Oh, the irony of it all. When are the attorneys going to wake up and realize that they need to look outside of public policy and their “good old boy” network Bar Associations and see that the whole country is going down while they play their little games between their Bar Association buddies on the bench, handing everything to the banks without following their own UCC laws?
And they call us deadbeat homeowners. Without us working middle class Americans this country is NOTHING.
The worst part of all of this is that time period between default and eviction is directly proportional to the value of the home. People with larger homes and a larger mortages have more time in their homes before foreclosure whether they’ve ever made a mortgage payment. So the people being pushed into the streets are the least likely to have the means to afford rent or other accommodations.
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