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| Authored by: Anonymous on Sunday, January 06 2013 @ 05:14 AM EST |
In one Utah case, the home owner got the foreclosure motion vacated,on the
grounds that Bank of America did not have legal title to foreclose upon. One
side-effect of that judge's decision, is that BoA lost the right to foreclose on
any property in the state, for several weeks.
Another firm found the better tactic was to have the loan declared legally null
and void. They did this by notifying everybody that was listed in the county
offices as having a claim on the property, or having had a claim on the
property, of the hearing to declare the loan null and void. Because the mortgage
companies typically did not register their claim in the county recorder's
office, they had no legal standing to appeal the hearing, nor legal standing to
foreclose upon the property.
The mortgage company's "secure" mortgage on a property, was, legally
speaking, an unsecured promissory note that could not legally be converted into
a judgment that results in a foreclosure of any real property. Such is the
result of trying to save a few dollars, by not recording the mortgage in the
county recorder's office.[ Reply to This | Parent | # ]
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| Authored by: rsteinmetz70112 on Saturday, January 12 2013 @ 12:26 AM EST |
I would suggest that in the millions and millions of mortgages actually mounting
into the trillions of actual transactions, some few errors are unavoidable. A
few such injustices will be amply compensated the American judicial system. On
the other hand claims are not proof, and there are plenty of claims but proof is
not apparent.
---
Rsteinmetz - IANAL therefore my opinions are illegal.
"I could be wrong now, but I don't think so."
Randy Newman - The Title Theme from Monk
[ Reply to This | Parent | # ]
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