I often receive links to cases that either corroborate what I have been saying or challenge my conclusions. Many of those links are opinions from trial courts, and most of those are from Federal DIstrict judges (mainly because most, but not all, state court judges do not issue opinions justifying their rulings.
Even in best-case scenarios, the opinion of a trial judge is not binding as a precedent on anyone. But reading such decisions does inform us about the assumptions, presumptions, and biases confronted by homeowners.
One such decision comes from Pennsylvania Federal Court. U.S. Bank N.A. v Gerber. U.S. Bank v. Gerber, 380 F. Supp. 3d 429 (M.D. Pa. 2018). Some people like the way that the District Court Judge says that the lawyers who supposedly represent U.S. Bank N.A. are missing the mark. And the decision does raise some interesting points about strategy and tactics for homeowners.
This particular decision says that the argument employed in thousands of cases “misses the mark.” The Judge is referring to the erroneous argument that since homeowners were not a party to the chain of transactions that were supposedly memorialized by assignments of mortgage and endorsements, they (the homeowners) have no standing to challenge them even if they are false.
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I agree that this one conclusion by this trial judge is an important rejection of one of the most common “defenses” raised by lawyers for the banks. But it does not create a precedent such that any other court needs to follow it. You can show it to another judge as a persuasive authority but it has no precedential authority — i.e., a requirement that the next judge must follow the reasoning or conclusions of the trial judge who issued it.
(1) the documents upon which the foreclosure mills place reliance are false — i.e., they memorialize transactions that never occurred, meaning that the final designated claimant never came to own the alleged loan account, never suffered any economic loss, and never had a record of ownership of any loan account; and(2) the investment banks have used their outsized influence to change both pleading and proof requirements in foreclosure litigation, resulting in the courts changing the laws governing such transactions in ways that are inconsistent with the intent and content of laws passed by Congress and the laws of any State legislature.*Of course that in and of itself is unconstitutional because only legislatures can make laws. And only courts can enforce them.
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*FORECLOSURE DEFENSE IS NOT SIMPLE. THERE IS NO GUARANTEE OF A FAVORABLE RESULT. THE COMMENTS ON THIS BLOG AND ELSEWHERE ARE BASED ON THE ABILITY OF A HOMEOWNER TO WIN THE CASE NOT MERELY SETTLE IT. OTHER LAWYERS HAVE STRATEGIES DIRECTED AT SETTLEMENT OR MODIFICATION. THE FORECLOSURE MILLS WILL DO EVERYTHING POSSIBLE TO WEAR YOU DOWN AND UNDERMINE YOUR CONFIDENCE. ALL EVIDENCE SHOWS THAT NO MEANINGFUL SETTLEMENT OCCURS UNTIL THE 11TH HOUR OF LITIGATION.
But challenging the “servicers” and other claimants before they seek enforcement can delay action by them for as much as 12 years or more. In addition, although currently rare, it can also result in your homestead being free and clear of any mortgage lien that you contested. (No Guarantee).
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Filed under: foreclosure |
All is protection in courts of old government processes to stimulate spending which is major element of the GDP. They allowed private securitization without any checks or balances in place. Then they concealed the collapse by ineffective settlements that did nothing for the people. Neil is correct the two most important issues are 1) there was never any financial balance sheet accounting 2) there is never any authority.
However, cases like this case set precedent – particularly if one is in the Third Circuit. Attorneys see these cases and will not take defense cases because precedent will be put forth and they know it.
Now that the problems of the crisis are finally hitting the economy and markets (government has manipulated interest rates since the crisis – a band aid approach) – the fallout could be very severe – affecting many more people who did nothing in the past to stand up for the victims. As the deeds of the government will unfold further – judicial bias will do more harm to the economy. These bad decisions will ultimately be reversed – as bad decision usually are.
Courts in the Third Circuit such as PA are particularly bad. I say government deeds because they allowed banks to do fraud without any checks and balances, and then the government handled all poorly. We can all only hope that the judges, as their own pockets are affected, take lessons in financial fraud and the economy itself, and that bias is no longer reflected in judicial decisions. Attorneys who get a jump on defense will then be in the driver’s seat.
Exactly what I said in unlawful detainer court and Commissioner did a double take. My loan was not in a trust but somehow Chase treated it as such and needed to say it was a other types of loans when it wasn’t! Chase assigned to non bank just to get rid of me. At the hearing non bank rep immediately said purported loan was an FHA loan and when I said it wasn’t the commissioner allowed the case to go forward.
The end result wasn’t good but still preserved right to lawsuit and title claim which non bank fought against.
Through the administrative process have multiple note versions, loan histories and worse fraudulent documents that non bank lawyers were allowed to say were NOT FACTS at least on eviction ruling although commissioners rationale was I lived on the property too long for free while basically agreeing with issues I brought up.
If homeowners go through the administrative process before going to court and fake lender responds with fraudulent documents should be half the battle.
Exactly what I said in unlawful detainer court and Commissioner did a double take. My loan was not in a trust but somehow Chase treated it as such and needed to say it was a other types of loans when it wasn’t! Chase assigned to non bank just to get rid of me. At the hearing non bank rep immediately said purported loan was an FHA loan and when I said it wasn’t the commissioner allowed the case to go forward.
The end result wasn’t good but still preserved right to lawsuit and title claim which non bank fought against.
Through the administrative process have multiple note versions, loan histories and worse fraudulent documents that non bank lawyers were allowed to say were NOT FACTS at least on eviction ruling although commissioners rationale was I lived on the property too long for free while basically agreeing with issues I brought up.
If homeowners go through the administrative process before going to court and fake lender responds with fraudulent documents should be half the battle.