You have to love Judge Arthur Schack who isn't afraid to rejects any foreclosure filing that crosses his desk if title documents are found to be out of order or the proof of lender ownership is unclear -we need more Judges to do the same.
Thanks to Lisa @ Foreclosure Hamlet and Michael over at 4closureFraud.org for forwarding this info over;
For three years we've chronicled the foreclosure madness taking place in our nation's civil and bankruptcy courts. (Examples here, here and here.)
Recently, the mess has attracted the attention of criminal prosecutors who are searching for fraud by banks and their representatives. Now one judge in Florida has ruled there was "fraud" by a bank in a foreclosure case, raising questions about how banks -- and so-called foreclosure "mill" law firms that work for banks -- are attempting to claim homes from borrowers in default.
Here's the WSJ story: Judge bashes bank in foreclosure case.
Judges are increasingly running into situations like this or this, in which banks are claiming ownership of properties they actually don't own. The Florida case, U.S. Bank v Ernest Harpster, was dismissed last month by Judge Lynn Tepper of Pasco County after she found that an "assignment of mortgage" filed in the case, which was meant to show how U.S. Bank obtained ownership of the mortgage, was false.
The document (seen at the bottom of this PDF) was dated 2007 but the judge found it was created in 2008.Thus the bank couldn't show it owned the property before the foreclosure suit was filed, the judge found... continue reading at 4ClosureFraud.org
We need more fed up Judges who are ready, willing and able to come down hard on anyone caught using "fabricated" documents, to commit "home robbery".
See Produce the Note video.
One of the reasons a foreclosure is not always a good deal is the fact that distressed home buyers often have more debt than just their home mortgage There are often many other liens and loans against the property, and sometimes these get worked into the selling price of the home. The bank, after all, wants to make sure it is not losing too much money when it finally sells the property.
I lost my house because wells fargo bank fraudulently sold my house. Even after paying my payment, they told they will work with me, without giving any notice, they sold my house. They don't even have the note of my loan. I wish my case was taken by the judge who will favor homeowner like me.