Sociable

Tuesday, April 5, 2011

Judge awards house back to homeowner due to faulty foreclosure docs

This the meat quote from article, it's just chaos in the judicial system.
"This case should have never been filed," said Lando, who referred to the firm's work on the case as "shoddy" and "grossly incompetent." She called Ben-Ezra a "robot" who filed whatever the banks sent him, and held him in contempt of court. She then gave the homeowner the home - free and clear - and barred the lender from refiling the foreclosure.
I don't know if this ruling form May 6th was overturned by another judge or appealed by the lender.Here's more analysis.
Alan White, a law professor at Valparaiso University in Indiana, who has studied the foreclosure issue nationwide, said judges had few reasons to doubt banks in the beginning of the foreclosure avalanche.
"They had a lot of credibility," White said. "Now, when a bank says it owns a mortgage, judges are skeptical."
White said a smattering of "maverick" judges began poking holes in foreclosures years ago before the media and lawmakers seized on problems in the fall. The judicial momentum has built since then.
"The combined impact will clearly be to change practices and to reduce the amount of corner-cutting the banks and their lawyers are engaged in," White said. "It could mean foreclosures get slower. It could also encourage banks to pursue alternatives to foreclosure."
The professors agree it's difficult for judges to pick out problems in foreclosure cases that are undefended. Homeowner advocate is not their role.
I don't understand awarding house free and clear to homeowner that didn't pay their mortgage.  Yes, the bank needs to produce the docs, but people shouldn't be given free rides.
Read it all

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