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Texas AG moves to halt foreclosures
Houston Chronicle (via mysanantonio.com) ^ | 10/05/10 | Nancy Sarnoff and Purva Patel

Posted on 10/05/2010 6:32:41 AM PDT by Pearls Before Swine

Txas Attorney General Greg Abbott called for a halt on foreclosures Monday amid nationwide scrutiny over the way they are processed.

Notices to suspend foreclosures were sent to 27 loan servicers doing business in Texas, including Bank of America and JPMorgan Chase, the attorney general's office said. It did not have the full list of companies available late Monday.

The office also called for a halt on the sales of properties previously foreclosed upon, which might affect auctions scheduled today, and on evictions of people living in such properties.

(Excerpt) Read more at mysanantonio.com ...


TOPICS: Breaking News; Business/Economy; Crime/Corruption; News/Current Events
KEYWORDS: foreclosure; foreclosuregate; forgery; fraud; housing; mortgage; mortgate; realestate; title
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Here's more news on the unfolding foreclosure documentation disaster.

It looks like a lot of people are going to be living payment free until this mess is cleared up, and it may go Federal, as each state has its own real estate recording laws. This is an incredible mess.

In a related piece of news, I read that a number of title insurance companies will not write insurance for properties written on any homes purchased in foreclosure.

Legal eagles: I was wondering what happens if someone lives in a home, doesn't pay the mortgage, and also doesn't pay RE taxes. Normally if you don't pay RE taxes, the town forecloses, kicks you out, and auctions the property. Can they do that if the title isn't clear?

1 posted on 10/05/2010 6:32:44 AM PDT by Pearls Before Swine
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To: Pearls Before Swine
Economic Shock Therapy For Wall Street As Mortgage Lenders Could Start Falling Like Dominos
2 posted on 10/05/2010 6:36:05 AM PDT by blam
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To: Pearls Before Swine

Normally if you don’t pay RE taxes,...

In Texas if you are over 65 and you do not pay your property tax, Texas cannot take your property.

The tax accrues with interest until you die or sell the property.

This tidbit came out in a meeting from an appraisal representative of TX at a community meeting.


3 posted on 10/05/2010 6:37:31 AM PDT by Hang'emAll
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To: Pearls Before Swine

JPMorgan and another bank REALLY f**ked up on their paperwork. I wonder how many foreclosures have been completed by banks who don’t even own the property.


4 posted on 10/05/2010 6:42:07 AM PDT by montag813 (http://www.facebook.com/StandWithArizona)
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To: Pearls Before Swine

I know a guy here that got his house free and clear by order of the bankruptcy judge. B of A could not show it held the mortgage. The guy just handed $300K. I wonder if the IRS will tax him on it and start the process all over again.


5 posted on 10/05/2010 6:43:24 AM PDT by raybbr (Someone who invades another country is NOT an immigrant - illegal or otherwise.)
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To: montag813

There has been more than paperwork screw ups.....try outright fraud


6 posted on 10/05/2010 6:52:04 AM PDT by misterrob (Thug Life....now showing at a White House near you....)
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To: Pearls Before Swine

Of course what this will ultimately achieve is that homeowners will continue to live in the home, yet make no payments probably for years.

How much $$$ will this put into the economy? Living mortgage free will allow that homeowner to use the money for living high on the hog.

The banks will be the ones who get screwed, although - they already have been to the public trough numerous times in this and the last administration.


7 posted on 10/05/2010 6:52:40 AM PDT by adm5 (AMERICA HAS ONLY GOD AND THE SECOND AMENDMENT LEFT TO SAVE THE REPUBLIC. by: LibLieSlayer 3/18/10)
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To: Pearls Before Swine

Halting foreclosures here and there, because of faulty paperwork, is step one.

Step two is Barack Hussein buying votes with tax money by bailing out some of the foreclosed, using the pervasiveness of faulty paperwork as his excuse for his vote-buying.


8 posted on 10/05/2010 6:57:07 AM PDT by flowerplough (Thomas Sowell: Those who look only at Obama's deeds tend to become Obama's critics.)
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To: Pearls Before Swine

Can they do that if the title isn’t clear?


Good question. I think that you get a clear title once it goes through the tax foreclosure sale but again I’m not positive of that.


9 posted on 10/05/2010 7:01:05 AM PDT by deport (TEXAS -- Early Voting begins OCT. 18, 2010 (vote early and often)
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To: adm5

Moral hazard - people will be more tempted to not live up to their obligations...

and, in the future, who in their right mind would lend mortgage money to anyone who just might not EVER be collectible?


10 posted on 10/05/2010 7:03:03 AM PDT by MrB (The difference between a (de)humanist and a Satanist is that the latter knows who he's working for.)
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To: Pearls Before Swine

Halt foreclosures, Jail the lenders, Zeroize all debts, Cut taxes, Stop government spending, Issue a gold-based currency.


11 posted on 10/05/2010 7:18:32 AM PDT by Rapscallion (Obama - Arrogant, blaming, incompetent, anti-American, Muslim,racist, and Marxist....Is that enough?)
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To: Pearls Before Swine

I really wanted a home on the lake but I knew I couldn’t afford it. Now I’m kicking myself for being stupid enough to act responsibly, I could be fishing now.


12 posted on 10/05/2010 7:18:36 AM PDT by Oshkalaboomboom
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To: Pearls Before Swine

Halt foreclosures, Jail the lenders, Zeroize all debts, Cut taxes, Stop government spending, Issue a gold-based currency.


13 posted on 10/05/2010 7:21:21 AM PDT by Rapscallion (Obama - Arrogant, blaming, incompetent, anti-American, Muslim,racist, and Marxist....Is that enough?)
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To: Rapscallion
Halt foreclosures, Jail the lenders, Zeroize all debts...

You can't be serious. Foreclosures need to be straightened out, and nobody loves lenders.... but zero all debts? What about personal responsibility?

14 posted on 10/05/2010 7:30:31 AM PDT by Pearls Before Swine
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To: raybbr
got his house free and clear by order of the bankruptcy judge

I wouldn't say that he was handed 300 large. He got a place to live, but he won't be able to convert that to cash.

Not when there's a possibility that the true mortgage holder may swoop down at any time in the future.

15 posted on 10/05/2010 7:30:42 AM PDT by Notary Sojac ("Goldman Sachs" is to "US economy" as "lamprey" is to "lake trout")
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To: Oshkalaboomboom

Or bank one could sell your mortgage to bank 2, and you end up like this guy:

SAN ANTONIO — A man is in danger of losing his home, after his house was mistakenly valued at more than 10 times its worth.
Roque De Leon says he paid $30,000 in mortgage payments since he bought the home back in 2002. Now, the bank is foreclosing on the house.

“His house is about to be auctioned off tomorrow at the courthouse,” explained De Leon’s friend, Jorge Ramirez.

The west side home is on W. Laurel Street near Culebra. “This house, in this neighborhood… it’s very obvious, it’s not worth $350,000,” commented Ramirez.

According to the Bexar Appraisal District, De Leon’s home is worth less than $30,000.

“The bank made a mistake,” De Leon said, between tears. According to De Leon, after Washington Mutual sold his mortgage to Chase Bank in 2008, his $35,000 loan turned into a $350,000 nightmare. “Chase started rejecting my $350/month payments, and demanded $2,000 per month,” explained De Leon.

“I don’t know if I would call it computer error or language barrier,” said Ramirez, who is trying to help his friend sort out the mess. “He’s afraid he’s going to lose his house, and if we don’t do anything about it, he’ll be out in the street,” said Ramirez.

De Leon’s lawyer is advising him to file for bankruptcy, in order to stop the bank’s collection efforts. “Because of the mistake that [the bank] made, they’re going to ruin his credit,” commented Ramirez. “He won’t be able to buy anything.”

News 4 WOAI made several calls to Chase Bank. Monday, they got back to us with this statement:

“We have corrected the insurance coverage and apologized to the customer. The sale [of the home] has been postponed so we can explore all options with the customer.”


16 posted on 10/05/2010 7:32:06 AM PDT by sockmonkey (LCP: Little Cute Pistol)
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To: MrB
who in their right mind would lend mortgage money??

There are plenty of regional/local banks and credit unions that made mortgage loans to creditworthy buyers with down payments, and held the loans themselves. By and large they are doing ok.

It's the international investment banks that bought big bowls of mortgage souffles that are in trouble.

Or rather, it's us taxpayers who in trouble, since it's the big banks who have the Bush/Paulson/Obama/Geithner blackmail photos stashed away.

17 posted on 10/05/2010 7:37:08 AM PDT by Notary Sojac ("Goldman Sachs" is to "US economy" as "lamprey" is to "lake trout")
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To: Pearls Before Swine

This is a disaster for the RE market. Unless a way can be found to clear the defaulted debt, the market won’t rebound because of the foreclosure overhang.


18 posted on 10/05/2010 7:55:12 AM PDT by achilles2000 ("I'll agree to save the whales as long as we can deport the liberals")
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To: achilles2000
This is a disaster for the RE market. Unless a way can be found to clear the defaulted debt, the market won’t rebound because of the foreclosure overhang.

I agree, although I heard one opinion that this would temporarily boost prices, because it would remove foreclosure inventory, or at least slow its entry, from the market. A different interpretation of supply--available supply versus impending supply.

19 posted on 10/05/2010 8:02:32 AM PDT by Pearls Before Swine
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To: Pearls Before Swine

Maryland is poised to do the same thing

The people who will be living payment free will end up owning those homes with debt forgiveness and maybe even cash in their pockets- in lieu of class action “damages”

my prediction

meanwhile good point- who WILL pay the property taxes and homeowner’s association bills etc? Once a deadbeat....errr...poor hapless victim of evil banks... gets a free house, will he/she EVER pay another bill or assessment due on that property? Just TRY to evic’ me sucka.

Apparently honest stooges will get jacked to pull the load.

All Hail obama! mmm mm mm


20 posted on 10/05/2010 8:02:57 AM PDT by silverleaf (The lesser of two evils is still evil.)
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To: Pearls Before Swine

Oh yeah, prices will be boosted! This whole mess and the emerging mass of “blighted titles” should give buyers a LOT of confidence in the titles to the properties they want to by...

Especially when people who “bought” foreclsures in the past several years find out - they don’t really own them and may even owe damages to the former owner that won’t be covered by defunct title insurance policies they were forced to buy

So the title insurers should rapidly go out of business and the lenders would be insane to lend without title insurance

whoopee! Cloward Piven on a roll

sarc

Buyers- run away, run away very fast


21 posted on 10/05/2010 8:09:59 AM PDT by silverleaf (The lesser of two evils is still evil.)
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To: MrB
[Moral hazard - people will be more tempted to not live up to their obligations]

Uhuh. And now they can just smoke "medical" dope in California, Colorado, etc - and avoid thinking about it.

The process of subversion continues... while predators hidden in the tall grass sniff the air and patiently wait.
22 posted on 10/05/2010 8:10:34 AM PDT by LomanBill (Animals! The DemocRats blew up the windmill with an Acorn!)
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To: Pearls Before Swine

I was looking at this from a longer term perspective.


23 posted on 10/05/2010 8:12:20 AM PDT by achilles2000 ("I'll agree to save the whales as long as we can deport the liberals")
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To: silverleaf

Like I said... it was another opinion.. not mine. BTW, I heard that title insurers are refusing to insure the titles from foreclosure sales while this mess unfolds.


24 posted on 10/05/2010 8:12:50 AM PDT by Pearls Before Swine
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To: Notary Sojac
[who have the Bush/Paulson/Obama/Geithner blackmail photos stashed away.]
 
B i n g o

25 posted on 10/05/2010 8:16:20 AM PDT by LomanBill (Animals! The DemocRats blew up the windmill with an Acorn!)
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To: Pearls Before Swine

Here is the thread with a totally different title from yesterday. Lots of comments for everyone to view.


Texas Attorney General’s office called for a halt on all foreclosures today
http://www.freerepublic.com/focus/f-news/2601572/posts


26 posted on 10/05/2010 8:17:24 AM PDT by Arrowhead1952 (Remember in November. Clean the house on Nov. 2. / Progressive is a PC word for liberal democrat.)
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To: Pearls Before Swine

Foreclosures of tax liens might be the best way to clear title to some of these properties. In Texas (and I suspect in all states), tax liens are superior to mortgage liens. Therefore, foreclosure of a tax lien eliminates all mortgage liens (even if the tax came due long after the mortgage was filed of record). It does not matter who is living in the property sold at a tax sale (people in the armed forces might be an exception, at least during a deployment), the foreclosure of the tax lien cuts off all other liens and all ownership claims. Some states may allow a certain time after a tax sale during which owners or lienholders may redeem the property; but I am almost certain that Texas does not have a redemption period.


27 posted on 10/05/2010 8:18:19 AM PDT by olrtex
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To: olrtex

So, the best strategy might be to stay in the house, pay neither mortgage nor taxes, and bid on the home at the tax sale, thus clearing title to yourself. Noooo, that can’t work, can it? There oughta be a law....


28 posted on 10/05/2010 8:22:24 AM PDT by Pearls Before Swine
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To: achilles2000
the market won’t rebound

The housing market needs to "rebound" to where it was in 2004-06 just about as much as a recovering PCP addict needs a good, strong hit.

We are just barely getting back to where home prices are in line with incomes. Need to stay there.

29 posted on 10/05/2010 8:22:47 AM PDT by Notary Sojac ("Goldman Sachs" is to "US economy" as "lamprey" is to "lake trout")
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To: Notary Sojac

I wasn’t saying that price levels need to return to a particular level, but the market won’t clear and return to truly market-based pricing until the defaulted loans are cleared. The uncertainty created for the market by the homes held in limbo prevents true market pricing.


30 posted on 10/05/2010 8:31:31 AM PDT by achilles2000 ("I'll agree to save the whales as long as we can deport the liberals")
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To: Pearls Before Swine

Without Title Insurance there wont be any “sales” at least using conventional lenders


31 posted on 10/05/2010 8:38:06 AM PDT by silverleaf (The lesser of two evils is still evil.)
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To: Hang'emAll
In Texas if you are over 65 and you do not pay your property tax, Texas cannot take your property.

The tax accrues with interest until you die or sell the property.

Let me throw a straw-man comment here- If I stopped paying property taxes at age 65, and lived for 40 more years, my property could be in arrears so far that nobody would be able to afford to pay the back taxes.

32 posted on 10/05/2010 9:09:54 AM PDT by Sarajevo (You're jealous because the voices only talk to me.)
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To: call meVeronica

*Ping


33 posted on 10/05/2010 9:22:58 AM PDT by TXDuke
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To: Pearls Before Swine

Right now we have a contract to buy a property that was foreclosed on a while ago by Fannie Mae. We have an earnest check in escrow with a title company and a close date of Oct 15. We do have title insurance, but what does this mean for us? Will our deal be canceled?


34 posted on 10/05/2010 9:26:24 AM PDT by TXDuke
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To: TXDuke

You should be fine...you will close on time it appears...talk to the title company...


35 posted on 10/05/2010 9:30:11 AM PDT by RVN Airplane Driver ("To be born into freedom is an accident; to die in freedom is an obligation..)
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To: sockmonkey

I have a problem believing that story.

When I purchased my home, I had a written agreement with the bank on the purchase price and interest.

Even if the bank that purchased his loan mistakenly put the purchase price at $350,000 instead of $35,000, all the home owner would need to do is produce his written agreement.

And his so-called attorney advising him to file for bankruptcy is absolutely stupid.

His attorney should have just filed suit and taken the bank to court with the written agreement that the home owner had from the previous bank if Chase refused to abide by that agreement.

Something about this story doesn’t smell right.


36 posted on 10/05/2010 9:37:06 AM PDT by Bigh4u2 (Denial is the first requirement to be a liberal)
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To: misterrob

This strikes me as obamunism on steroids. I wonder why Abbot is playing along.


37 posted on 10/05/2010 11:51:42 AM PDT by ichabod1 (Hail Mary Full of Grace, The Lord Is With Thee...)
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To: Pearls Before Swine; Rapscallion

Declare a year of Jubilee! All debts forgiven~!


38 posted on 10/05/2010 11:55:43 AM PDT by ichabod1 (Hail Mary Full of Grace, The Lord Is With Thee...)
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To: Pearls Before Swine

“it may go Federal, as each state has its own real estate recording laws. This is an incredible mess. “

Don’t you just love it how people take every excuse they can to centerline power in Washington D.C whether their authorized to do it or not.

The Federal Government never had any legitimate business in the mortgage industry, indeed its their involvement in this industry that caused this financial crash in the first place.

Yes this may be a mess but it is NOT a “national mess” requiring a centralized solution. The only thing Washington needs to do is get it self out of the mortgage business.

KILL Fanny and Freddy and all associated Federal regulations and FED “investments” in theses industry’s.
Kill the FHA.
http://www.hud.gov/offices/hsg/fhahistory.cfm
The Federal Government has no legitimate business financing or regulating with public money private business adventures whether they be for big corporations or individuals.

None of theses things are anywhere authorized in the Federal Constitution and thus they SHOULD NOT BE DONE BY THE FEDERAL GOVERNMENT!

The Federal Government should buy what they need to operate in their legitimate field of defense against out of state threats from the market and GET OUT. It is NOT the job of the Federal government to pick winners and losers, or decide how people should interact in the market.

Not every problem has a government solution, and MOST problem which do have government solutions do not have legitimate Federal government solutions.

So don’t you dare attempt to clean up this mess, you the Federal Government have created this mess with all your previous attempts to clean up previous messes which you had also created.


39 posted on 10/05/2010 11:57:12 AM PDT by Monorprise
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To: Notary Sojac
I wouldn't say that he was handed 300 large. He got a place to live, but he won't be able to convert that to cash. Not when there's a possibility that the true mortgage holder may swoop down at any time in the future.

According to him he gets the title. His lawyer filed for the title with the town and the house will be his. Haven't talked to him in a while but that's the last I heard.

40 posted on 10/05/2010 12:34:12 PM PDT by raybbr (Someone who invades another country is NOT an immigrant - illegal or otherwise.)
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To: raybbr
According to him he gets the title.

That's as may be, but anyone who buys the house from him is going to see this event in a title search and if they have any common sense will discount the price offered big time.

41 posted on 10/05/2010 1:11:54 PM PDT by Notary Sojac ("Goldman Sachs" is to "US economy" as "lamprey" is to "lake trout")
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To: Pearls Before Swine; blam; stephenjohnbanker; M. Espinola
To learn how Wall Street banks and mortgage companies steal peoples' homes you need to learn about "mortgage servicing fraud." This is basically recording false payment records to create a false payment history showing multiple late payments. Some lenders also record fake documents with the county recorders office.
42 posted on 10/05/2010 2:08:16 PM PDT by ex-Texan (Ecclesiastes 5:10 - 20)
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To: MrB

“money to anyone who just might not EVER be collectible?”

Not a bad thing. Then more people won’t get loans they cannot repay.


43 posted on 10/05/2010 3:13:27 PM PDT by Niuhuru (The Internet is the digital AIDS; adapting and successfully destroying the MSM host.)
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To: ichabod1

Well God was certainly OK with it. Take it up with Him.


44 posted on 10/05/2010 5:32:14 PM PDT by Soothesayer9
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To: Rapscallion

They could stop the inflation with Silver at 100 per ounce and Gold at 2000. Set the dollar at those rates and issue metal backed currency. If the Feds have any.


45 posted on 10/06/2010 1:58:48 AM PDT by screaminsunshine (counter revolutionary)
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To: Pearls Before Swine
You can't be serious. Foreclosures need to be straightened out, and nobody loves lenders.... but zero all debts? What about personal responsibility?

I am serious.

Personal responsibility???? Whose? The Banks'? The Government's? Mine? (Not yours of course)

46 posted on 10/06/2010 7:22:23 AM PDT by Rapscallion (Obama - Arrogant, blaming, incompetent, anti-American, Muslim,racist, and Marxist....Is that enough?)
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To: Rapscallion

The bottom line to all of this is probably 60% of people are living in way too much house. I remember when the average house was 2-3 bedrooms, 1-2 baths, and a 1-car garage. And nobody thought twice about it.


47 posted on 10/06/2010 9:05:25 AM PDT by mikhailovich
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To: adm5; All

this started in the 1990’s with defective paperwork.

Banks are just SERVICING loans for wall street mortgage default swap trusts. B of A bought SERVICING RIGHTS but not ownership of the promissory notes.

They have no right/standing to settle or sue.

All loans which which had their promissory notes sold are part of this mess.

Even if you pay the servicing agent there is ZERO guarantee some other trust will claim to own your promissory note, which they lost, was distroyed, and no longer exists, with no provable chain of custody.


48 posted on 10/06/2010 6:47:18 PM PDT by longtermmemmory (VOTE! http://www.senate.gov and http://www.house.gov)
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To: mikhailovich

and 60 years ago they built better quality.

all that is irrelevant. It is not for you or me to decide the need of others based on their ability.

If a mortgage default swap trust can prove exclusive ownership with the proper papers then they can forclose. Until then the claim is unenforcable.


49 posted on 10/06/2010 6:52:30 PM PDT by longtermmemmory (VOTE! http://www.senate.gov and http://www.house.gov)
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To: Pearls Before Swine

The debt is uncollectable. There is no plaintiff.

Remember the banks wanted the promissory note to sell and resell on the national / international markets. Proving ownership of the obligation is impossible.

Producing the original note is impossible. (in many cases it was intentionally destroyed ala a ripped up check)

Personal reposibility includes not being stupid by paying money for nothing.


50 posted on 10/07/2010 8:50:09 AM PDT by longtermmemmory (VOTE! http://www.senate.gov and http://www.house.gov)
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