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Articles Tagged with Foreclosure

As detailed below, there were never any issues with this loan until a new servicer took over. At no point in time was this client unable to pay her mortgage payments. But for the bank and its debt collector/servicer, this case should never have been filed.

Our client has lived in her condominium for over 20 years. She’s had a full-time job with the same company for over 23 years, making approximately $63,000 per year. Her mortgage payment is $662.56 per month. Underwriting standards dictate that housing debt is generally affordable so long as it does not exceed 28% of a person’s income. Our client’s housing debt is 10% of her income. For many years, until the incidents leading up to this case, our client’s mortgage payments were auto debited from her checking account without issue. She had no issue affording this loan, ever.

And, she has always paid her taxes and her association dues, which includes insurance. There were no escrows.

After years of litigation and a hard-fought trial, the team worked tirelessly to prepare this memorandum: 2018-10-15 Reply to P’s Amended Memo of Law on Standing
Ten days later the Judge ruled – Case Dismissed! 2018-10-25 Signed Order on D’s Mtn for Involuntary Dismissal
Another trial, another win!

A well written concise article in the Washington Post points out how lawyers, yes even “trial lawyers” are playing a major role in helping to straighten out a major financial crisis that would have only been worse if left uncovered. Fraudulent assignments, sworn affidavits signed without the personal knowledge claimed therein, no service of complaints resulting in foreclosures without notice to the homeowner and many other examples are leaving a wake of disrupted and unclear chains of title all over our country. The result is, until this is straightened out, it’ll be very hard for anyone to buy a post foreclosure home and have clarity that they actually own the home, “free and clear” or with “good and marketable title.”

Eventually, most likely through some new legislation allowing new ways to help clear up and undo the mess banks created during the boom by not documenting all the transfers along the way and since the boom by trying to later recreate a clear chain but doing so fraudulently.

Take a look at this recent article in the Washington Post, which illustrates my point.

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