FED UP Judges INVALIDATING Mortgages Over FRAUDULENT Paperwork

[Segami]

:applause: :applause: :applause: :applause: :applause: :applause: :applause:


:patriot:


" Let's face it, people hate bankers. There are a lot of reasons to hate them these days, given that unbridled greed and a total lack of concern for anything other enriching themselves is in large part why we are in the mess we are right now. This is why you are likely to see more of what we are seeing in New York State right now.


In some counties in New York judges are not putting up with the shoddy and frankly fraudulent work in foreclosure cases. We have heard about the major banks delaying foreclosures for a while as they "Checked the paperwork process" then declaring that everything was copasetic and going back to full steam ahead in foreclosing on properties. However there really was no chance that they could fix a massive system filled with massive problems in the three weeks that they held foreclosures in abeyance.


The reality is that it is the job of the courts to scrutinize the paperwork of the banks in any foreclosure case, just as it is the banks responsibility to file the correct paper work with a clear chain of standing if they want to repossess property from the current owners. In Nassau, Suffolk and King's county if you bring shoddy or fraudulent paperwork before the judges you are likely to get a nasty surprise.


According the Washington Post, last year a Long Island judge decided that he had enough. He found that the mortgage companies paperwork was so flawed and their behavior so repugnant (the judges word not mine) that he voided the mortgage and gave the house to the family. The judge found that based on the paper work which was presented the mortgage company could not prove that it had standing to foreclose. The chain of evidence as to who the loan was sold to was so broken and unclear the judge felt justified in granting ownership the family.


Of course this case is being appealed but it may also be the start of a trend. From the WaPo article:




It is not the only case that has big banks worried. Spinner and some of colleagues in the New York City area estimate they are dismissing 20 to 50 percent of foreclosure cases on the basis of sloppy or fraudulent paperwork filed by lenders.


Their decisions illustrate the central role lower court judges will have in resolving the country's foreclosure debacle. The mess came to light after lawsuits and media reports showed lenders were routinely filing shoddy or fraudulent papers to seize the homes of borrowers who had missed payments.



cont'


<http://squarestate.net/diary/1012/fed-up-judges-invalidating-mortgages-over-fraudulent-paperwork>

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[tabatha]

1. Yeah, for !the private sector ! (sarcasm)

The most frightening words in the English language:

"I am from the unregulated private sector here to sell you something".

[gratuitous]

2. Damn activist judges

Requiring that the banksters actually prove they hold the mortgage before they're allowed to throw people out of their homes. What is this country coming to?

Fixing this horrific clusterfuck and cleaning up titles is going to be just slightly messier than Hercules cleaning up the Augean Stables. And there ain't no river to divert through this colossal muck-up, either. It's going to take years and cost millions, if not billions, of dollars to undo the damage visited on us by the Holy Invisible Hand of the Free and Unregulated Market.

Quick quiz for the banksters: How many finger am I holding up?

[Segami]

4. Banksters see that as a trick question.

What has happened to our country that we seem cosy and reluctant to allow law breaking, fraudulent Bankers, traders and politicians a golden handshake ' free pass ' YET, seem to find the crime-fighting resources to send GOV. AGENTS into Florida barber shops all because those barbers were (allegedly) cutting hair WITHOUT a license. Can you imagine allowing such criminal barber activity to prosper? It would send our whole financial system into a tailspin deep recession....really!:sarcasm:


When is this administration going to wakeup and begin arresting the banking grifters responsible for duping our system?



" As many as 14 armed Orange County deputies, including narcotics agents, stormed Strictly Skillz barbershop during business hours on a Saturday in August, handcuffing barbers in front of customers during a busy back-to-school weekend.

It was just one of a series of unprecedented raid-style inspections the Orange County Sheriff's Office recently conducted with a state regulating agency, targeting several predominantly black- and Hispanic-owned barbershops in the Pine Hills area.

In "sweeps" on Aug. 21 and Sept. 17 targeting at least nine shops, deputies arrested 37 people — the majority charged with "barbering without a license," a misdemeanor that state records show only three other people have been jailed in Florida in the past 10 years.



<http://articles.orlandosentinel.com/2010-11-07/news/os-illegal-barbering-arrests-20101107_1_barbers-deputies-raids>

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[gratuitous]

5. I can't say what the appropriate action would be

But as to the unlicensed barber shops, they're able to undercut the places that are paying their license fees and playing by the rules. There are also public health considerations in terms of cleanliness and sanitary disposal of clippings. A police raid seems a bit over the top, and I'd be willing to guess that a white-owned shop wouldn't enjoy the same sort of attention from local law enforcement. However, the licensing of barbershops and salons didn't just spring up out of whole cloth; the system is in place for a reason, and shops operating outside the regulatory scheme cheat the legitimate shops and owners, as well as the general public. Yes, it can be onerous to carry insurance and maintain training and licensing, but those are the costs of doing business. And if it was your ear that got the top half inch taken off by a distracted barber, you'd probably like to be compensated.

[Segami]

6. I'm all for ' playing by the rules ' and paying my dues like everyone else.

Even though your arguments are valid, don't you think that RIPPING OFF the taxpayer's treasury should, at the very least, generate the SAME law enforcement attention against such criminals within the banking system responsible for FLEECING our pockets? NO, its not the same as having ' half an inch of your ear taken off ', no its not like that but many families have been thrown out onto the streets while many had to leave their retirement and go back into the workplace, regardless of their state of health. Playing by the rules should be applicable to ALL but that is NOT the REAL world I'm living in. Its wishful thinking at best.

[TexasObserver]

3. As they should.

[elleng]

7. GEE, Tex, you sound just like ME!!!

DITTO! It is, after all, their JOBs!

[TexasObserver]

8. Once it is established that the Business Records are not dependable ...

Once that is established, the court should require that the documentation supporting the intended foreclosure is absolutely correct.

We have an evidentiary presumption at law in favor of business records, if there is a proper affidavit supporting such, but any showing that the business records are not reliable justifies the court's refusing to allow the business records as appropriate evidence, without further showings that such are valid.

[elleng]

9. Atty, too? Reason you sound like me!

[TexasObserver]

10. Yep. For a long time.

I try to use these events to help non attorney posters understand what is going on, without giving anyone specific advice. My hope is posters facing foreclosure will contact an attorney and say "shouldn't we challenge the reliability of their business records and supporting affidavit?"

The truth is many of those who sign affidavits for foreclosures don't have any personal knowledge and are lying when they say the business records are reliable.