Foreclosure Defense Florida

Standing/Owner/Holder Status- Another Chapter in Fraudclosuregate

Increasingly the appellate courts are applying the kind of careful judicial thought and wisdom that careful intellectual analysis provides.   This is a New Jersey decision, but the analysis applies all across America.

Ford-foreclosure

Ford Decision

One Comment

  • flex says:

    My Fellow Americans,
    This is exactly an example of what is going on in our country today. The pretender Lender or Servicer continues using people (robo-signers) to prepare falsified documentation to show the Judge they are the Note Holder in due course, when in reality they do not have anything to show. They do not have The Original Note, The Assignment of the Note, or even the Recording of the Transfer of the Note to The Trustee in trust. Therefore, they do not have Standing in Court. We are facing this problem every single day with millions of Unlawful Foreclosures all over the country and yet the Government or the Judicial System does not care to do anything about it.
    Especially in the Non-Judicial States like California, this is happening because many people do not know what to do. They simply take it face value. They feel so shame that they can not live by their expected responsibilities of paying their mortgage of their homes. People do not have any knowledge of the loan documents and what the banks had done for the last decade through Securitization of their Notes through Wall St. The don’t even know what MERS is in their Deed of Trust. They were only told that their mortgages were going to be sold and that they will receive in the mail the address where to send their payments.
    The lenders failed to disclose many material facts to the homeowners. For example, who is the New Note Holder? (Investor), how much they sold the Note to the private investors? and When did they transfer the Assignment of the Note and Recording of the Note to The Trustee in trust? The lenders broke many laws in TILA, RESPA, Fair Business Practice Act, and many consumer laws. The lender also broke many laws to the U.S. Government. If they engaged in selling Notes in the secondary market through Securitization, as we know through now the new GSE (Fannie Mae and Freddie Mac) government agencies, they have to have a license through The SEC and the notes needed to be transferred to The Trustee with the recorded Assignment of the Note within 90 days to avoid paying taxes. This falls into The REMIC and the RICO Act.
    Many lenders did not do the transfer and the recording of the notes to the trustee. This is why they claim the notes were lost or stolen in their affidavits and file for a summary judgment to expedite the case and speedy foreclosures. They are taking advantage of no well educated Judges in this subject and the chaos of what is going on in the economy. This is why millions of homes had been taken by the banks and the servicers with the rush of getting as many homes for the last four years and will continue to do for as long as we and the judges let them. As of today, the banks and servicers already have taken more than 3 million homes in foreclosure. Last year alone, they broke a record of 1,050,500 homes gone in foreclosure.
    One of the main reasons the pretender lenders and servicers take people’s homes in foreclosure is because millions of people do not contest the foreclosure in the courts. Another main reason is because people do not have money to pay an attorney for legal representation. What is worse, they do not have any idea where to begin the process, even if they want to do it themselves. Since they do not know their rights, they do not have any. The public is not very well educated on how the Lending Industry works, How the Federal Reserve and the Government works. The last two generations from 1930 to 1970 and from 1970 to 2010 every 40 years have been left in the dark. They don’t have a clue of what it means to apply for a loan, to buy a home with respectable and honest financial institutions. The government lost sight of the regulations of banks due to a free market and capitalism enterprise. The minute the government started accepting money from corporate lobbyist to create laws in their favor without a vote or a public hearing; this is when the government was sold out to Corporate America. It doesn’t take a Genius to find out who is running the country. Look at last week, Obama just nominated the CEO of GE for a post in the US Government.
    Look at most of the people of Obama’s’ cabinet after his inauguration. The majority are from Goldman Sachs.
    The government does not implement an education system where everyone learn from early ages what it means to be an educated citizen with the basic knowledge of living a real life in America. Many High School students don’t even know how to balance a check book. They don’t know their rights in The Constitution. And what is worse, they don’t know who the Federal Reserve is and how the banking system works in this country.
    We are building a society of zombies with new technologies of iphone, iPods, apple computers, video games, and the internet where millions of Americans spend most of their lives in front of a monitor, then the rest of their evenings after an exhausted working day in front of their new Hi-Definition TV’s watching American Idol, Dancing with the Stars, Oprah, and late at night David Letterman.
    The media plays a big role in this society because people spend most of their time in front of their TV. No wonder many kids are losing their eye sight in early ages and the obesity in America is more than 80%.
    The solution of this whole ordeal is America needs to wake up and act by filing class action law suits against the banks for all the undisclosed material facts in their loan documents, for all the unlawful foreclosures, and for all the perjury their attorneys are committing in court. The judges need to continue what they are doing. They need to get it and get more educated in this subject of property law and never allow any pretender lender or servicer take people’s homes just for the asking.
    America does something! Don’t just sit there and pretend you are fine because this is not happening to you.
    If you think you own your home, I got bad news for you. If the servicer that you are sending your payment every month does not have the assignment of the note and the note was not registered and transferred to the trustee, guess what is happening to your money? Better yet, guess what will happen when you think you paid your loan and your own your home free and clear? Somebody please let me know what happened when you ask the servicer for the recoveyance deed of your title. You can response in this site under my name. I will love to reply to you after you let me know your experiences. I give you a tip. Please go to your county record where your property is located and ask the clerk for a copy of the custody of your title, or the chain of title. Please let me know what you find out. If I don’t hear from you or anybody that means everything is fine and dandy, right?
    Do you want another tip? Before you go to bed tonight and have sweet dreams, please take a look at your loan documents. If you find a bar code at the bottom of your Deed of Trust and a MIN number at the top on the right hand corner, this simply means you have MERS in your loan and more likely your note was securitized.
    As always, God Bless You! and God Bless America!

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