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Foreclosure: Cases being refiled?


I'm looking for signs, today, that foreclosure cases that had been halted are starting up again. And if these cases come back to life, is it an easy, no-problem, just refile them here, process?

Yesterday, The New York Times' Gretchen Morgenson reported here that the U.S. Trustee overseeing some bankruptcy cases is raising questions about the validity of the foreclosure claims.

The major lenders and servicers in September and October pulled back on hundreds of thousands of cases nationwide after the revelations that "robo-signers" had been preparing documents without verifying them or even reading them in foreclosure lawsuits in Florida and other states.

The lenders and servicers vowed said they'd review their processes and come back to the courts when they cleared up the paperwork problems.

Some of the big ones have said their review is complete.

But what's happening now? Anybody know?


Categories: Foreclosure Crisis (84)
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Comments

More on Foreclosure: Judge Admits Apathy
Just had to pass on this quick note on the foreclosure story. Another piece on Florida's woes has come out, and in this one, a circuit court judge named Lee Haworth essentially admits that judges do not look at the paperwork of the foreclosure cases they process. In other words, he is admitting that he accepts the arguments of the plaintiffs (i.e. the banks) reflexively and that the burden is on the homeowner to defend himself.

"The judges will accept, as they do in every case, pleadings that are represented by counsel as legitimate," said Haworth. "It's the defendant's case. ... If they don't want to hire an attorney, that's their business."

http://www.rollingstone.com/politics/matt-taibbi/blogs/TaibbiData_May2010/237480/83512


Ore. AG sues Calif. loan modification company

SALEM, Ore. (AP) -- The Oregon attorney general has sued American Team Mortgage, claiming the California loan modification company charged more than $80,000 in illegal fees to Oregon homeowners

http://www.kgw.com/news/local/Ore-AG-sues-Calif-loan-modification-company-110860789.html

...look into IBM LBPS...


My home's sale was stopped on October 5, supposedly because for the last four months, my file was "in review" at Bank of America and "awaitin approval for the Hamp". When I received a NEW sale date of January 19, 2011, I was shocked (signed with a judge's name STAMPED on it, LOL), and when I called Bank Robbers of America, they told me that "someone miscoded my file and the reviewer put it back into the foreclosure department. There's nothing we can do because the investor (FreddieMac) says it is too old and they want to proceed with a foreclosure sale".

How absolutely inept this company and these heartless, ignorant people are!

By the way, for the rest of you 'judges' out there, I am NOT a deadbeat, but since you 'judges' have already decided that ALL people in foreclosure are the same, I won't try to explain it...may you never be in my shoes, or maybe you should be????


You MUST CONTEST FORECLOSURE. Demand they produce your original note.
Todays news: Future foreclosures involving MERS may be deemed illegal. However, foreclosures that have taken place and went UNCONTESTED will stand.
CONTEST YOUR FORECLOSURES. http://www.ForeclosureguardianLLC.com


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About the author
You've got the job of managing your money. No one in school taught you how. But you and I, we can teach each other, how to handle it, how to save for retirement, how to make money last, how to educate the kids, how to make a budget work. The conversations I have with my readers are fun. Money's important, but discussing it does not have to be boring.

Harriet Johnson Brackey Harriet Johnson Brackey, the personal finance columnist for the Sun Sentinel, is an award-winning business reporter. Her columns for 2008 were named "The Best in the Business," a national award chosen by her colleagues at the Society of American Business Editors and Writers.

Brackey has worked at Business Week magazine and at USA TODAY, where she was a founder and part of the original staff of the Money section at the country's first national newspaper. After nearly 11 years there - spent covering the 1980s bull market, the insider trading scandals, the 1987 crash - Brackey left Washington, D.C., and came to The Miami Herald. She spent the next decade writing a column about personal finance that chronicled the stock market's Internet boom and bust, as well as the popular Money Makeover features.

Brackey also has done commentaries for Marketplace Money, which airs on National Public Radio and The Nightly Business Report which is broadcast on more than 250 PBS television stations nationwide. She also has been a radio guest on WLRN’s Miami Herald News.
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