The banks and their law firms are playing fast and loose, and sometimes they’re committing outright fraud with the title and ownership of tens of thousands of properties all across the country. The title to real property in this country will be soiled for decades.
One of the key pleading defects that is found in 99% of all foreclosure cases filed is the failure to plead capacity or the failure to identify exactly what the entity is that is filing the lawsuit and appearing in the courtroom. The failure to so identify the party properly has vast and wide reaching consequences from a title and ownership perspective that will make it difficult to sort these questions out for years to come.
Read a story from The Miami Herald that illustrates one of the consequences of this systemic failure.