Dozens of Cases Rolling in from Bankruptcy and Civil Courts Reversing Foreclosures, Evictions
Posted on April 17, 2009 by livinglies
The whole thing is unraveling just we predicted 18 months ago. The largest transfer of wealth in world history is starting. The question is who is going to be behind the curve and who is going to be ahead of it?
We are getting daily reports of many cases in which cases that have gone as far as a writ of possession being completely reversed, putting the homeowner not only in possession of the house, but free from the threat of foreclosure. In many cases we are seeing quiet title actions being granted. They won’t be publicized until after the time for appeal has run. It would seem that the foreclosing parties are not likely to appeal because the result, if negative, will apply not only to the case they appealed but to all their cases, past, present and future. The cases differ in procedural and substantive facts, so don’t be thinking that there is a single magic wand to waive over all the cases at one time. The Federal government programs won’t provide any relief for the majority of people injured by the predatory and fraudulent financial, securities and lending practices sponsored by the Wall Street barbarians.Read more...
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Attorney General Announces Mortgage Fraud Cases in Colorado 11/18/2008
Suthers focuses on deceptive advertising, option ARMs, foreclosure consultants
DENVER) – Colorado Attorney General John Suthers today announced numerous actions his office has taken to crackdown on deceptive mortgage brokers and foreclosure rescue firms. These actions are part of the Attorney General’s ongoing effort to help protect Colorado borrowers from deceptive lending practices and to shield borrowers facing foreclosure from fraudulent activity.
The Attorney General’s Office began investigating numerous mortgage brokers and foreclosure rescue firms in late 2006 and early 2007, as the foreclosure crises reached its tipping point. Several of those investigations have recently concluded, the results of which are summarized read the rest of the report click here
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General Explanation of Status
PLEASE NOTE: Colorado's foreclosure laws may change from time to time by legislation adopted by the Colorado General Assembly and signed by the Governor. Please refer to Colorado Revised Statutes, Title 38, Article 37 and 38 for the most recent laws and their effective dates. Foreclosure laws have changed several times over the last few years.
Every foreclosure case can go through many phases or legal steps during its processing from beginning to end. That's what the "status" line is for and it generally shows which phase or step a foreclosure case is in at the current time. You must take into consideration that the Public Trustee's office is currently processing foreclosure cases under different sets of laws, deadlines and requirements. The following is a general description of what each "status" means: Read more...
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'Produce the Note' buys time for homeowners facing foreclosure
John Romero
February 18, 2009
DENVER - You've heard it before, in real estate. It's location, location, location.
That applies even when it's time to foreclose on a home. More and more lawyers now want to know something that seems simple: where, exactly, is the loan that went bad.
"It's not clear where the notes are located, it's not clear where they physically there are," lawyer Jose Vasquez told us.
Many banks simply file an affidavit, saying they have a right to foreclose.
But Vasquez, a lawyer for Colorado Legal Services, is asking lenders to actually show him the paperwork.
Its part of a nationwide trend called "produce the note."
"For homeowners in this situation, it could produce some valuable time, it could produce some ability to get some type of leverage in dealing with those lenders," Vasquez told us.
(The idea is featured on the internet based "Consumer Warning Network" where lawyers explain that homeowners in trouble can ask the bank for a copy of their mortgage. If they don't get it in 30 days, they can file a notice with the court asking a judge to force the bank to cough it up.
In some cases, it's stopped foreclosure.
But many judges in Colorado have taken away homes even without seeing the actual mortgage.
Vasquez hopes that's changing.
"The courts are not used to seeing this defense raised in Colorado. I think there's an education process that needs to take place." he said.
A spokesman for the American Securitization Forum, which represents banks and investors, called this merely a stalling tactic. They say many loans exist electronically, which is fine for most judges. But, as we learned today, not all.
To get a form to file your own produce the note request go to:
http://www.consumerwarningnetwork.com/2008/06/19/produce-the-note-how-to/
Go to Foreclosure help and see how we can help you right away!
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