Some folks out there (and even more troubling) some judges out there just don’t seem to care that some of the lenders who are filing foreclosure lawsuits and trying to take people’s homes do not have the legal right or any right whatsoever to foreclose on the home. I’ve been in hearings and presented evidence where the documents filed by the Plaintiff show quite clearly that someone other than the company they claim owns the debt is entitled to collect and enforce the debt.
Amazingly, some judges will just say, “Sorry the Plaintiff claims they own the note and even if the documents they have submitted state that someone else owns the debt and the right to enforce it, I’m going to allow them to proceed with this case.” It’s bad, bad law and it will continue to cause us all major problems for years to come. For a very quick and simple explanation of the problem and the unfortunate consequences for one borrower, click on the link to a CNN report below…
An Easy to Understand CNN News Report on The “Lost Note Strategy” That I Often Use.
Few things will change until appellate courts begin getting these cases and correct this behavior.
Would you like to waive a case in front of the judges that put an exclamation point on your argument? In this case the foreclosing plaintiff misrepresented their right of action for nearly three (3) years while the judge continuously threatened the pro se litigant that he would eventually lose and have to pay higher attorneys’ fees. Then the battle-worn plaintiff files an affidavit admitting that 2 1/2 years prior to bringing the action they had sold the loan to another company and had no right, title or interest in the promissory note subject of the foreclosure action. Summary judgment for the defendant. Affirmed by the District Court. Let me know if you would like that case.
This IS important to judges. Some more than others.
BTW, Matt, I reached out to you by email but never got a response. You probably did not get the message. Please contact me at your convenience.