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New York judges dismiss foreclosures over faulty paperwork

New York judges are dismissing 20% to 50% of foreclosure cases due to faulty or fraudulent bank paperwork

massachusetts supreme court foreclosure decision Long Island Judge Jeffrey Spinner concluded that a mortgage company’s paperwork in a foreclosure case was so flawed and its behavior in negotiations with the borrower so “repugnant” that he erased the family’s $292,500 debt and gave the house back for free.

The judgment in favor of the homeowner, Diane Yano-Horoski (which, not surprisingly, is being appealed) has alarmed the nation’s biggest lenders, who say it could establish a dramatic new legal precedent and roil the nation’s foreclosure system.

Well, I certainly hope it does set a new legal precedent against all the PRETENDER LENDERS!

In the meantime, the homeowner gets to live in the home without making any payments until the matter is legally settled.

Why NY judges are siding with homeowners

While the level of tolerance for document mistakes varies from judge to judge, the group as a whole has a reputation for ruling against mortgage companies when paperwork issues or other problems arise. At least one bank, J.P. Morgan Chase, requires document processors to separate foreclosures cases from these three counties from those in the rest of the country. A high-ranking executive of the company is specially assigned to sign off on the area’s foreclosure filings.

Judge Dana Winslow of Nassau County says he’s thought a lot about why judges in his area are more apt to question filings. He said it comes down to one thing: Lack of trust for Wall Street. In this region, judges have seen a lot of inaccurate filings from the financial sector.

Trust “of the lending institutions and Wall Street has eroded in some areas of the country more than others,” Winslow said.

Craig D. Robins, a foreclosure defense attorney who authors the Long Island Bankruptcy blog, said of the Yano-Horoski case: “I think we’re going to see more decisions like this across the country. Many judges are finding their court calendars clogged with cases that have all these flaws in them that never should have been brought in the first place or should never have been brought without more due diligence.”

How to use the law and the courts to fight your lender in your state

The dismissal of New York foreclosure cases gives evidence of blatant wrongdoing by PRETENDER LENDERS. Don’t let your ‘pretender lender’ get away with jerking you around for loan modification approval or wrongful foreclosure. Fight back.

You must sue your lender to prove to the court they do not have legal standing as the real party of interest. They are not the true and beneficial holder in due course.

You must present evidence in the form of a securitization audit. With your evidence in hand, you can motion the court to take mandatory judicial notice of the Massachusetts Supreme Court ruling in US Bank v Ibenez.

Tell the judge, that in this ruling, it was decided that there must be a perfection of chain of title and that blank assignments are not acceptable. The securitization audit you are presenting to the court proves no such perfection of chain of title exists. You want the court to dismiss the foreclosure sale (if this is pending) and you want the court to wipeout your mortgage.

You can sue the court ‘pro se’ without an attorney or you can, of course, hire an attorney that ‘gets what’s going on’ (not all do). There are multiple sources of low-cost legal help you can use as explained in my free report. I would also recommend a low-cost coaching resource that gives you step-by-step instructions on how to fight back using the laws and the courts.

This proven and effective resource has been established by a homeowner who was in the same position as you are facing now. He learned how to fight back against his PRETENDER LENDER and won.

He decided to share his knowledge and put together a Foreclosure Defense Coaching Course that walks you through, step-by-step, the legal process I outlined above, along with the forms you need to start the process.

For more information on the coaching program (including a short video on stopping foreclosure) from the author and expert himself click the button below.

CLICK HERE: Foreclosure Defense Coaching Program

P.S. Vince is not a lawyer, he is a homeowner just like you. So he and his course cannot give you legal advise, only legal education.

You are still advised to use an attorney to answer any legal questions and provide legal advice. These legal resources are explained in my free report and listed in the section Tools To Fight Your Lender.
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Source: http://www.washingtonpost.com/wp-dyn/content/article/2010/11/08/AR2010110806583.html

Technorati Tags: NY foreclosure dismissal, new york foreclosure dismissal, new york foreclosure dismissed, Diane Yano-Horoski, Judge Jeffrey Spinner

Related posts:

  1. Supreme Court of Massachusetts upholds decision to dismiss foreclosures where banks fail to prove ownership of mortgages
  2. NY judge dismisses foreclosure case because MERS cannot give lender authority
  3. FL homeowner forecloses on Bank of America
  4. Utah couple fights foreclosure and wins
  5. Bank of America faces fines or regulator actions from faulty foreclosure documents

Tags: Diane Yano-Horoski, Judge Jeffrey Spinner, new york foreclosure dismissal, new york foreclosure dismissed, NY foreclosure dismissal

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