Editor’s Note: Anyone who underestimates the importance of Judge Long’s decision in Massachusetts and the combined effect with the Kansas and Arkansas Supreme Court decisions does so at their peril. Lawyers wake up! You are not just missing an opportunity, you are missing an important piece of due diligence that makes you vulnerable to claims from clients seeking advice.
“Borrowers have a right to know who owns their mortgage, and they have a right to make sure that the entity that is foreclosing has a legal right to foreclose,’’ Cohen said. “For too long these lenders have been ignoring the foreclosure laws.’’
The Boston Globe
Ruling upheld on sale of property
Ownership status of foreclosures clouded
By Jenifer B. McKim
Globe Staff / October 15, 2009
The ownership status of hundreds, and possibly thousands, of foreclosed properties in Massachusetts became muddier yesterday after a state Land Court judge reaffirmed his March decision that invalidated the sales of two Springfield homes because of improper paperwork.
In a 27-page ruling, Justice Keith C. Long described a convoluted process in which mortgages for the two homes were transferred multiple times without being properly recorded, as required by state foreclosure law. He said any problems the banks now face to clean up title questions – which could include redoing the foreclosures altogether – are “entirely of their own making.’’
“The issues in this case are not merely problems with paperwork or a matter of dotting i’s and crossing t’s,’’ Long wrote. “Instead, they lie at the heart of the protections given to homeowners and borrowers by the Massachusetts Legislature.’’
The ruling drew praise and criticism from attorneys, individuals, and housing advocates who had been anxiously awaiting word from the court.
Before the March decision, many lenders believed they could complete foreclosure transactions and later file formal proof they held the mortgages. Since then, however, some lenders have stopped selling foreclosed properties out of fear the sales later could be voided, and many title companies have refused to insure homes with ownership issues. That has affected the ability of communities and nonprofits to buy foreclosed homes in some of the state’s hardest hit areas. It has also made it more difficult for individual buyers and sellers of foreclosed properties to close deals.
The attorneys who filed the lawsuit that prompted Long’s original ruling said they are considering an appeal of yesterday’s decision. “He has thrown the entire nature of foreclosure work and thousands of titles back up in the air and doesn’t seem to care,’’ said Lawrence Scofield, an attorney with Ablitt Law Offices in Woburn, which represented the lenders in three consolidated cases ruled on by Long.
The Springfield lawsuit was filed by foreclosing lenders who said they wanted to remove a “cloud’’ from the titles of three properties created because of where they chose to publish foreclosure auction notices. But Long focused on a secondary issue – whether the foreclosures complied with the law because they did not officially name the mortgage holders.
During the housing boom, millions of mortgages were bundled into bonds and sold to investors, a process that often resulted in a twisted paper trail. Long’s decision detailed how mortgages for two of the Springfield homes changed hands as many as three times without any of the information appearing on the public record. The final owners – US Bank National Association and Wells Fargo Bank – did not record that they owned the mortgages until 14 months after the sales, he said.
Those in favor of the ruling said it will help those fighting foreclosures to find a way to remain in their homes and permit some who have already moved on to regain their homes. Long’s decision also bolsters a growing national movement among housing advocates, and some courts, to push lenders to produce accurate documentation before completing a foreclosure.
Nadine Cohen, managing attorney in the consumer rights unit at Greater Boston Legal Services, said the issues brought up in the case support the need for a state law to mandate that foreclosures of owner-occupied homes be overseen by a judge.
“Borrowers have a right to know who owns their mortgage, and they have a right to make sure that the entity that is foreclosing has a legal right to foreclose,’’ Cohen said. “For too long these lenders have been ignoring the foreclosure laws.’’
Boston attorney Paul Collier, who represented one of the defendants in the Springfield case, Antonio Ibanez, said his client never expected to win back the property he purchased for $115,000 and later lost to foreclosure. He said Ibanez overpaid for the home, which he could not afford. He said Ibanez will likely wait until the appeal process is completed before deciding whether to take any action.
Collier said there probably won’t be a flood of former homeowners fighting to get back their properties as a result of Long’s decision, but there could be enough to create problems for new owners, lenders, title companies, auctioneers, and others involved in the sale of foreclosed properties. “You are going to see a ton of payouts here,’’ he said.
Boston City Housing chief Evelyn Friedman said that although the decision protects homeowners trying to ward off foreclosures, it also is delaying the city’s efforts to clean up areas plagued by abandoned homes. Already, the judge’s March ruling stymied the city’s effort to buy 20 bank-owned properties.
“The unfortunate part is that many people already have been foreclosed upon and now their properties can’t be resold,’’ Friedman said. “That holds up quite a bit of our work in revitalizing the neighborhoods that have been most devastated.’’
Because of the ruling, Developer John O’Riordan said he worries he might now lose an investment property in Jamaica Plain he bought from a bank last year for $480,000 and renovated for $200,000. Now he can’t sell the units because of title issues and has run out of money.
“The real estate situation in Massachusetts is on its knees and this does not help the cause at all,’’ O’Riordan said.
© Copyright 2009 Globe Newspaper Company.
© 2009 NY Times Co.
Filed under: bubble, CDO, currency, Eviction, foreclosure, GTC | Honor, Investor, Mortgage | Tagged: bailout, bankruptcy, borrower, disclosure, foreclosure defense, foreclosure offense, fraud, Lender Liability, Mortgage, rescission, securitization, trustee |
There we go, ALBIT LAW IS A FORCLOUSER MILL. Judge Long is getting rave reviews here in MASS.
live in mass had countrywide holding my mortgagae they raised my loan amount from 2300 a month to 4600 w.t.f. then they failed then bank of america takes over they conduct bizz the same as county wide non responsive they told me because i was unemp[loyed they would not even look at modifing my loan now im in forclosure im in need of some useful information on the new obama laws im ready fgor afight to the bitter end please if you have some use full info please blog i have 3 children and married 19 yrs
Knneth!
I just read the “Order” issued by the court, it has standard verbiage and I think the “Continuum” might comment with interesting insights.
Your entire file is over 100 pages. But just what the judge said may open some doors. You know which other highlights might be of interest.
I think best to be brief to the point. I will post the Judge’s Order when you acknowledge.
To: KNNETH S. TAYLOR
I have looked up your filings and will read. You probably know more than I about these matters. So I have no real “pointers”.
However, if you acknowledge, I can see about posting your files so all can view that wish too. Perhaps another Pro Se here will give some insights.
I did find references to attorneys for Ohio who MIGHT “get it” by doing a livinglies Google “site” search.
site:http://livinglies.wordpress.com/ ohio +lawyer -fdg
http://www.google.com/search?hl=en&client=firefox-a&rls=org.mozilla%3Aen-US%3Aofficial&hs=OC3&q=site%3Ahttp%3A%2F%2Flivinglies.wordpress.com%2F+ohio+%2Blawyer++-fdg&btnG=Search&aq=f&oq=&aqi=
i have gotten a judge in Summit County Court of Common PLeas in Akron Ohio to Vacate his order ruling in favor of summary Judgememt for Deuthsche National Bank Trust , I am a prose defendant in foreclosure , i still need help as judge is allowing them to refile fake , and fruadulent affidavitts the affiants are gone the companies option one are closed . they said the affiants are Assistant Secretaries and Attorneys -in- fact also , the judge had granted the judgement with unsigned , and unotarized , statements from affiants this may be the worse case of injustice ever realized in a free society you have to read this case to beleive these crooks and thieves the case # is CV-2007 11- 83 64 call me as this has to be the most impossible thing a judge could do these are crimes by this court call me you just will not belive this 1216- 403-8350 this is an emergency every person in America should know about this one
SCAM-MERS (all rights reserved by charlie A.) LOL!
Oh, one more post about how the banks criminal enterprises and lack of oversight/negligence/fraud helped other criminals rip off people’s life savings:
http://abclocal.go.com/kgo/story?section=news/iteam&id=7067415
The banks AND title companies are going to be held accountable soon enough. Once word gets out and attorneys realize they can make more fees on a contingency basis and can get 3 times the loss incurred when its for fraud. My case involves almost $2mm loss. I have associates with another $1mm in losses, that = $3m x treble damages, then thats $9mm in damages the banks and title companies will be paying me back in a couple of years.
Heres’ my story of banks, title co and escrow companies lies and fraud:
http://www.blogofsandiego.com/#09/23/09
If any attorney wants to represent me, then post your contact details here and I will be in touch.
Short Sales — if your still looking for an attorney for southern California we have a list of pratitioners we have worked with as an Expert Witness. These lawyers are as good and we can offer you.A list of cases decided for defendants are available. Who ever you use they should be versed as follows:
*Auditor attestation reports, * specific Material Violations (Servicing),* attack Delayed Repsonses, Lenders that dissappears, * No Servicer contact,, * Stay of a Sheriffs Writ , * Offers in comprmise; * broken promises for Short Sales . Modifcations. .
Attorneys must be willing to use an “insiders” knowledge or mortgage backed securities specilist with some capital markets and servicing experience…SEC guidelines or GAAP / FASB. Its hopeless otherwise where seeking to prevail. Their wilingness to argue the damaging and incriminating information available is KEY to a defense.
expert.witness@live.com
Tel. 213-627-2324
CRANK UP YOUR SPEAKERS… THIS ROCKS!!!
I find it funny… I’m a card carrying Independent.
However, I’d vote for RON PAUL in a new york MILLION =~)
LYRICS:
“Only Liars But We’re The Best”
“Only Good For The Latest Trends”
“Only Good Cause You Can Have All Those Famous Friends”
“Besides We’ve Got Such Good Fashion Sense”
[youtube=http://www.youtube.com/watch?v=xX5NAc_j-6M&hl=en&fs=1&]
* Charlie A. – LMAO (Laughing My @ss Off)!!!
SCAM-MERS
* Stanley O’Neal, the former president and CEO of Merrill Lynch, led his firm into the risky territory of subprime mortgage bonds that eventually led to its demise. O’Neal was named by CNBC one of the “Worst American CEOs of All Time,” but when he was replaced by John Thain in 2007, he took with him $161.5 million worth of stock in severance. In 2008, he was appointed to the board of the aluminum company Alcoa but reportedly still has enough downtime to play golf several times per week.
* Kerry Killinger, former CEO of Washington Mutual was Named “Banker Of The Year” by American Banker in 2001, there’s been little word of Killinger’s endeavors since he led Washington Mutual to the largest bank failure in U.S. history. Killinger’s $100 million golden parachute, however, is still fresh in the mind’s of many WaMu’s native pacific northwest. Killinger was WaMu’s CEO from 1990 until 2008, when he was forced out as the bank buckled under shaky loans and growing debts.
* Frank Raines, former CEO of Fannie Mae from 1999 to 2004, left amid accusations that he manipulated the books to rationalize exorbitant bonuses for himself and other senior managers. In 2006 the government filed suit against Raines and two of his top associates in an attempt to recoup $115 million in undeserved compensation and $100 million in fees, but the three men quietly settled for $31.8 million. Fannie Mae committed to footing the bill for any shareholder suits filed against Raines, who is now retired, and when the government took over the company in September 2008, it continued to pay his legal fees. To date, U.S. taxpayers have kicked in at least $2.43 million for Raines’s defense fund.
* Former Treasury Secretary – and Goldman Sachs chief — Hank Paulson was at the helm when the global financial system teetered in 2008, and under his leadership the government intervened to save Wall Street from outright collapse. Since leaving government service, Paulson has become a distinguished visiting scholar at Johns Hopkins University’s Paul Nitze School of Advanced International Studies as well as a fellow at the university’s Bernard Schwartz Forum on Constructive Capitalism.
* Joe Cassano, AIG’s “Man Who Crashed The World” resigned as the head of the financial products division at AIG in February 2008 after his unit’s derivatives unit blew up and caused billions of dollars in losses. Cassano, who during his tenure earned more than $300 million, fled to London, where he reportedly takes daily bicycle rides around his ‘hood. But federal prosecutors want to bring him back to New York — in September 2009 the government announced that it will soon impanel a grand jury to consider indicting him for securities fraud.
* Richard Fuld, the former CEO of Lehman Brothers, the storied
investment house whose collapse set off the financial crisis, is
starting a consulting firm Matrix Advisors and has done some work for Alvarez and Marsal, the restructuring firm helping to unwind Lehman. Last week, he told a Reuters reporter who tracked him down to his country home in Ketchum, Idaho, “I’ve been pummeled, I’ve been dumped on, and it’s all going to happen again. I can handle it. You know what, let them line up.”
* Angelo Mozilo, the former chief executive of the largest subprime lender in the country – Countrywide Financial – has been laying low at his California home and meeting with lawyers since he was charged by the SEC in June with insider trading and securities fraud. Among other things, the SEC alleges that he used words like “toxic” and “poison” to refer to Countrywide’s mortgage books. His lawyers contend that the SEC’s suit misquotes evidence and ignores company disclosures.
* Sandy Weill, the former chairman and CEO of Citigroup (pictured, with his daughter Jessica Bibliowicz) who assembled and shaped the mega-bank, was among those who pressed for the repeal of the Glass-Steagall Act and ushered in the era of deregulation in the 1990s. Shortly after Citigroup was propped up with $45 billion in taxpayer dollars, Weil used a corporate jet to take his family to a Mexican resort for New Year’s Eve (a privilege he has since forgone). He is said to be incensed that current Citigroup CEO Vikram Pandit has declined to confer with him.
* Christopher Cox, the former chairman of the Securities and Exchange Commission, who has been blamed for the agency’s lax enforcement and failure to catch Bernie Madoff, now works as a corporate partner in the Orange County office of Bingham McCutcheon law firm. Cox has defended his leadership, claiming that he provided a “steady hand” at the SEC during a moment of crisis.
* Alan Schwartz presided over Bear Stearns for a scant two months before the bank’s demise in March 2008. The former CEO is now the executive chairman of Guggenheim Partners, where he recently hired his old Bear colleague Kenneth Savio to fashion an equity-trading desk at the financial firm.
* John Thain, who was tapped to run Merrill Lynch in December 2007, was forced out by Bank of America’s CEO Ken Lewis in January 2009 shortly after BofA’s takeover of the investment bank. Thain drew fire when he reportedly attempted to accelerate bonus payments to Merrill employees — including $10 million for himself — even as the firm faltered. And he got more bad press when it was learned that he spent $1.2 million to redecorate his office suite (purchases included a $35,000 commode). Thain has not yet landed a new gig, but today he says that if he could do things over, he’d “furnish [the Merrill offices] in Ikea.”
Read more at: http://www.huffingtonpost.com/2009/09/22/financial-crisis-financie_n_294569.html
To all those in GA, please be aware that RON HOUCHINS , although listed on this blog is NOT a licensed attorney or a member of the state bar in GA.
I had a different experience with Mr. Houchins than “bt” did. Back in May of 2009, I spoke to him briefly on the phone, while cordial, he seemed uninterested in helping with me and my fiancee. Her basically recommended that we file for bankruptcy which we did not want to do. A couple weeks later I called him asking for his help to get together a TRO, I also sent him an email, again asking for his help, telling him we were aware of his fees and were willing to pay them. He responded to neither attempt to contact him.
Thankfully, his lack of communication spurred me to write the Emergency TRO myself, which ultimately stopped the foreclose attempt, on the day before the house was set for sale on the courthouse steps.
I am not saying the Mr. Houchins can not help anyone, I’m just telling everyone to be aware that one person’s experience with an foreclosure defense business can be different than another person’s. I don’t say “attorney” because Mr. Houchins is not able to practice law in GA.
Glad to see you’re pulling for the right team Drew!
I guess you think that I am for these ghouls. Nothing can be farther from the truth. I am showing everyone information on these clowns. They are driven by the almighty dollar. someone asked if they had his email they would “let him have it.” I did one better I gave you his home phone so enjoy!! I heard he loves 3am weak up calls. nothing more than what can be found on the internet in a 30 second search. As to the ABC piece they are looking for a story on people in foreclosure. I know some of you here would like a national platform.
TW:
and the rest of you:
Judgement Day is coming for the SCAM-MERS, get it?
by the way i am so impressed by the scum bag Scofield’s education record. Wow! how impressive.
It’s not just banks… Federal Credit Unions securitize just as many loans – this includes USAA (the military’s bank), Pentagon Federal Credit Union, Navy Federal Credit Union, etc.
MERS IS ON THEIR LOANS TOO!
Oh yeah, forgot to mention they’re an AMC too. Don’t know what and Appraisal Management Company is…. how about an Automated Valuation Model or AVM. Bank Appraiser, does anyone know what a Bank Review Appraiser REALLY does? Don’t worry, you’re not alone.
In addition to being one of the largest TITLE MILLS, they’re also an AMC. Check out my blog if you are unfamiliar with these terms. Appraisal fraud equals USURY!
Functions are segregated so you have an a la carte menu of services (a neat way to get around the new rules designed to protect homeowners HVCC & IVPI, et al)
Sleep well Directors & Managers… you know who you are!!!
* Drew
The fact that this guy SHOULD KNOW BETTER is a testament to how blind, stupid or corrupt he is… which one is it?
* Charlie A
It broke my heart to see all this f***ed up stuff being slammed through the TITLE MILL at a rate of 5 to 10 THOUSAND FILES PER DAY.
* TO ALL – what we don’t know much about (but will begin to learn about in the very near future) is that these clowns own their own title & appraisal shops and are jamming these things through as fast as they can… with little regard to what is fair, proper, accurate or lawful.
IT DISGUSTS ME & I’M GLAD I DON’T WORK FOR FISERV ANY MORE – THEY ARE CROOKS!
Dear Drew,
Does the fact that someone goes around and signs up for every club is high school does not make that person a qualified expert, other than the clubbing kind.
So you tell me Drew, the fact that this paid WHOR* believes that our Constitution is worth less than toilet paper does not make him an authority.
The fact that all the people move through the halls of power pushing their way around by wining an dining government officials for the sake of the few crooks that gain from this mess does not make him better than you or I .
The fact of the matter is that the more cases move through the courts based on constitutional issues and the fraud against the middle class of this country, the more the American people will realize how they were duped.
The only sad part is the fact that now we start to see those who we have elected as our government officials for what they really are “SOLD OUT PROSTITUTES”, those dead brained people have accepted, voted and signed off on non-judicial proceedings for foreclosure making it almost impossible for the common person to seek justice and the due process.
I just cannot understand how it is easy for them to raise taxes to pay for whatever they feel is important, but allow a SCAM as MERS to permeate the real estate process and the registration of mortgages in the land records depriving all our communities from valuable taxes that could have been serving to pay for teachers, libraries, roads, hospitals, etc.
Once again, it is up to all of us, shame on those who defend the thieves of the AMERICAN DREAM.
to: TW
AMEN AND AGREED 100%!!!!!
Justice will agree with you also real soon my friend, it doesn’t surprise me at all you being fired for bringing up to the BIG bad wolfe (title co.) the fact that fraud was being committed. I am dying for the day when the title cos. will start being sued by the homeowners once they (we) realized the extent to which they were participants on the biggest scam that our country has been subject to; title co’s. are also nothing but a bunch of scum bags that knowingly participated in the whole evil plan.
Furthermore now they are still actively participating once more to insure homes that have been illegally foreclosed on. TW, we need to spread the word about these other thieves and have people start making claims against them, and see how they roll out to claim that they now are being victimized by us, the deadbeat, can not afford their home, got themselves into a mortgage they can’t pay homeowners.
their attitudes are completely pathetic!!!!! are financially raping us now they want to blame it on us.
GREED is the fuel that generated this out of control incendiary wave of foreclosures and people being, these bastards made/make millions and millions of dollars at the expense of the unaware homeowners.
they along with the rest of the “evil greedy machine” shall all burn in hell real soon, and you and I shall witness and document their fall so that we can show our children how to fight the insiders that for years have been working on their plan to financially rape us and our country!!!
To victory America!!!!!
One the folks on the “attorneys that get it list” Ron Houchins is one of the best. He has helped me with all kinds of lawsuit issues and foreclosure defense. He is a must use with pleadings and filings. He can be found under Georgia on Attorney that gets it list or ron.financialfreedom@live.com
*Drew
I too worked in the title insurance industry as a title examiner for Lawyers Title (Land America) and more recently for a HUGE TITLE (THEFT) MILL that is owned by BofA, JP, et al.
I can assure you first hand that a majority of these people need their jobs to support their families. Do you think the employees & management of such companies like FISERV, FirstAM,Stewart, etc either know or care that assignments are fraudulent, that deeds coming out of Securities and Pass through certificates series XXX are kosher, that MERS being insured as mortgagee on a T.I. policy is okay – HECK NO – they need their job and need the money to pay their bills and feed their families.
The people who think MERS is a great substitution for a recorded “assignment” & “discharge” in public record are sorely mistaken. When you start rigging the system to manipulate and hide what is really going on you are nothing more than a con artist who takes advantage of unsuspecting borrowers (and investors) and commits fraud.
You think tanking the US economy is an admirable thing to do, you think American families like sleeping under bridges with their kids or having to set up in their car or minivan, do you think the seniors in our country like having their retirement nest egg obliterated? WAKE UP BRO… YOU’RE ROOTING FOR THE WRONG TEAM!!!
How do I know, I brought one of these fraudulent document to the attention of management at one of those large title mill owned by large banks… do you think they cared to listen to what I had to say? The next day I was FIRED!
So please… troll somewhere else or better yet, do something more productive with your time, like figure out how it’s okay to earn money off of a transaction that is not listed on a HUD statement or Truth In Lending statement and get back with me.
Here are SOME of the REAL American heroes that this mess is bringing up to the surface in the sea of lies and deception we are swimming in today: more to be added to the list real soon: in not particular order:
1.- Neil Garfield and Brad Keiser
2.- April Charney
3.- Judge Boyco
4.- Judge Burford
5.- Judge Arthur Schack
6.- Judge Keith Long
Thanks to all these people that understand the actual problem we are having and that are also doing something about to protect the people of this great land.
to: DREW
and your point is????!!!!
http://abcnews.go.com/Nightline/family-facing-foreclosure/story?id=8847102
How come the Title Companies are willing to insure the title, in California? That is the answer I get from the Short sale people. It kind of stumped me.
LAWRENCE SCOFIELD
757 HIGHLAND AVE
NEEDHAM HEIGHTS, MA 02494 (781) 455-8561
LAWRENCE J SCOFIELD
900 MAIN ST
WINCHESTER, MA 01890
(781) 756-0510
Lawrence F. Scofield, Esq. – Mr. Scofield joined the firm in June, 2008 after a long and distinguished career in the title insurance industry with several national underwriters. He holds Bachelor’s and Master’s degrees from Boston College as well as a Juris Doctor from Suffolk University Law School. He is a member of the Bar of Massachusetts and the United States Supreme Court. Mr. Scofield is a member of the American College of Real Estate Lawyers, the Abstract Club, the Real Estate Bar Association of Massachusetts and the Massachusetts Bar Association. Mr. Scofield has served the American Land Title Association for many years as a member of the Forms Committee (11 years), the Special Tidelands Committee (9 years), the Judiciary Committee (4 years) and the Indian Land Claims Committee (30 years). Mr. Scofield has been a frequent writer and speaker on numerous real estate and title insurance topics. He has lectured on behalf of the American College of Real Estate Lawyers, the American Land Title Association, the Massachusetts Continuing Legal Education Association, the Massachusetts Mortgage Banker’s Association, the New Hampshire Bar Association, the New England Land Title Association, the Ohio State Bar Association and the National Association of Industrial and Office Parks. Mr. Scofield has many years of experience in commercial and residential real estate transactions, complex condominium issues, zoning issues, title insurance underwriting and claims.
http://www.acdlaw.com/index.html
the homeowners they ( Boston city ) want to help are the NEW homeowners with $ to that great American milking-machine back to work in that area & resume sucking the life out of some fresh meat ready & willing to bleed.
Do i sound bitter?wtf… i’m feeling a little POSTAL to.
to: Spiritual2009:
AGREED!!!
“that” is not a reporter, but the devil in disguise! steering the interview to tell all the “sad” stories for the city, for the poor ole investor whose about to loose his money, who gives it rat’s ass about the city and the investor?? if that (*&^%^& was a REAL reporter, a section of a homeowner’s interview telling how he and his family feel about the whole deal would’ve been great.
But instead the “reporter” (another scum bag) concentrates on the wrong end of the diabolic plan carried out by the “evil greedy machine” called Wall Street, the media has not and should never be trusted to carry out our sentiments about this disgraceful situation that our beautiful country finds itself in. It is our patriotic duty to defend the real principle in the roots of our country, as it is to protect our very own butts.
No one can and should be trusted on “defending/protecting us from this despicable time in the history of our nation. We must take it upon ourselves to do so. Through ALL legal means possible. We must stop the “economic serial rape” NOW.
To victory America!!!!!
Look at this decision.
High court upholds mortgage lenders’ registry
by Elizabeth Stawicki, Minnesota Public Radio
August 13, 2009
St. Paul, Minn. — The Minnesota Supreme Court has ruled 6-1 that the Mortgage Electronic Registration System, or MERS, did not violate Minnesota law by failing to disclose which lenders actually owned a homeowner’s mortgage.
MERS was created by the nation’s largest mortgage lenders to streamline the foreclosure process.
Five Hennepin County homeowners filed a lawsuit in January 2008, alleging that MERS violates Minnesota law by foreclosing without following two requirements — to identify all assignees of the mortgage in county land records, and list those assignees in the published foreclosure notice.
Minnesota Legal Aid attorneys, acting on behalf of the plaintiffs, argued that homeowners facing eviction in foreclosures administered by MERS often didn’t know which lending institution held their mortgage, which prevented them from negotiating a deal.
MERS argued that it should be able to foreclose in its own name without identifying the successive owners of the loan which are tracked on its private system. The Supreme Court agreed.
Writing for the court majority, Justice Paul Anderson said as the mortgage banking industry has changed, certain problems have become evident, especially in the secondary mortgage market. But resolving those problems was beyond the court’s authority.
Writing in dissent, Justice Alan Page said by allowing the identities of promissory noteholders to remain hidden, the court essentially eliminates a homeowner’s ability to assert a wide range of defenses to foreclosure.
Amber Hawkins, one of the plaintiffs’ attorneys, said she’s disappointed in the court ruling.
“As a result of the court’s decision, an agent with no responsibility or authority related to the loan can foreclose upon a homeowner through an expedited, non-judicial process without identifying who it is working for,” said Hawkins.
******************************************
I would note that the underlying lender information has always been available on the MERS website when I went to look it up. Haven’t done it in a while. Has that changed?
Steele
All the comments on this article are great and correct etc. One more glaring issue is how the reporter for the Globe leads the people she interviews in the wrong direction, just by asking leading questions from someone else who does not know what the real issues are. Our culture is do dependent on main stream media even when they make a lame attempt to get to the truth, it gets run over.
Need help in FL, ID, AZ, CA, NJ or NY with foreclosure or have a loan with Wells Fargo? Call Robert at 860-599-5557 for information.
This guy wants to foreclose without having legal authority?
SCREW HIM, can some one in the Boston AREA sue his rear end?
Yes , the decission has made the fraud impossible to be carried out, the foreclosure pomoter should be brought into malpractice and ethics proceedings
somebody needs to sit down with that clown Evelyn Friedman and explain to her how exactly she can help the homeowner at “her” community, about those abandoned homes that she is talking about: i have a suggestion for that idiot: how about helping the former homeowners moving back into their homes? how come she can not think of this? well it’s simple, she does not care nor does she understands. here is in her own words: “the unfortunate part is that many people have already been foreclosed upon and now their properties can’t be resold”. Is she stupid or something? she is admitting by her very own words that those are the homeowner’s home, and that now they can’t be resold, oh how sad for the city, they can’t buy foreclosed homes that were illegally taken away from the rightful owners just so that the city can “revitalized” the neighborhoods. and how about that “investor” Jhon O’Riordan? oh poor investor, he is going to loose his investment of 680K!! trying loosing the home you are living in O’Riordan and then come back and tell me how you feel!! look at his comment: “the real estate situation in Massachusetts is on it’s knees and it does not help the case at all” allow me to translate that comment to you: that should read instead: the real estate situation is on it’s knees because the bunch of thieves in our country that call themselves “lender” are nothing but a bunch of scum bags, and it doesn’t help ME at all, cause now i about to loose my money, who cares about the illegally foreclosed on homeowners, all i care is about my money. me me me me me, that’s what these, pretender lenders/thieves are all about, well their time is coming, and they better hold on to their “cojones” they themselves may be on their knees here pretty soon. To victory America!!!!
Talking about that bastard Lender’s attorney Lawrence Scofield who said: “He has thrown the entire nature of foreclosure and thousands of titles back up in the air and doesn’t seem to care” , want a crying shameless bastard he is!!! unless he is referring to his very own clients, because if he is he is right!! that’s what the “angelical” pretender lenders have done to us, it’s all their doing! we did not do that, the bastards thieves did! his clients, if we were to put a dollar more in his pocket than the pretender lenders i am sure that he would change his attitude in a second and turn against the very thieves he is trying to “defend”. I am dying to find his e-mail to let him know what i think about him, what a scum bag!!
Pheww, i am glad that’s off my chest.
In regards to the city’s “effort” to buy homes in hard hit areas, these are other bunch of idiots that are nothing but bags full of crap! helping the community???? REALLY???? why don’t they instead of buying homes put that money into hiring a bunch of qualified attorneys to fight for the homeowner’s rights??? oh wait, i know why, because there is no benefit and no money in it for them!! that’s why!. All of a sudden every part of the government wants to “help” the homeowner, HOW? by buying the homes they already lost so that they can make a profit!? please, get the (*&^%% out of here! i am sick and tired of hearing all this “humanitarian” efforts by cities across our country trying to “help” home owners, how can they help the homeowner when they are not there anymore, and please do not tell me,”well, that way they save the value of the neighborhood”. ask the homeowner that lost their home if they care about the neighborhood, the cities are doing that with the clear purpose of profit, nothing more. to profit on the foreclosed home that once belonged to an american family. Yup! dog eat dog? , no, dog eat American family!!!
We must stand up to this ball of crap rolling into our cities, we must use all legal venues to satisfy our thirst for justice!! and must start now.
To victory America!!!!
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