Replies

NEGATIVE , You can’t “FIX” outright fraud with NEW FRAUDULENT POSTDATED DOCUMENTS!!!

Horse-puckies.

It would be fraud if some bank created documents to indicate a debt where none was entered into, but despite your sophistry, THERE IS A DEBT HERE.

The couple who bought the house, of their own free will took out a mortgage for the purchase of the house. That is a fact not under dispute. They ceased to make timely payments. That is another fact not under dispute.

The rational response is for the court to appoint a trustee for the lender (at whatever point the "true" lender is sorted out), foreclose, throw the deadbeats out, and sort out who the "legitimate" owner of the note is at leisure. To do otherwise creates a windfall to the occupiers of the house.

"You can’t “FIX” outright fraud with NEW FRAUDULENT POSTDATED DOCUMENTS!!

WRONG! You can 'fix' it with forged, post date, perjuryed documents or passing retroactive laws that over turn hundreds of years of settled law and there are plenty of 'conservatives' right here on FR that not only would allow it, but encourage it!

Granted if you have failed to pay your mortgage you should be ready to except the consequences, but let me ask you this when was the last time you saw any business readily admit that they had done wrong even when caught 'res-handed'? When was the last time you watched and did not see a corporation avail themselves of every legal right and defense allowed them in an a effort to limit their exposure?

Do companies in general own up to their errors or do they drag it out things until the other-side agrees to settle? How often have we watched them drag out even criminal proceedings until they can get someone to settle for some slap on the wrist fine and no jail and not even an admission of wrong.

An excellent example of this was what happened with Countrywide.

Right now many of these same lenders are reneging on billions of dollars in commercial property loans, does anyone think for one minute that any of these lenders will just step right up and pay what they owe or will they drag out the process in court making use of every legal right that they are entitled to? And when they do will you be calling them 'Dead Beats' and want them jailed when they fail to readily admit their wrong and pay up?

Morally yes people who haven’t and aren’t paying should own up, but just as the banks they have a right to present a legal defense, they have a right to demand that every ‘i’ is dotted, that every ‘t' is crossed and that the letter of the law is observed just like the banks do and to deny the same rights to one while denying them to the other is wrong.

Our legal system isn’t prefect, but its better than anything else. And if history has taught us anything when you start denying some people their rights and protections under the law in an effort to punish them, soon everyone loses those same rights and protections.

there was no fraud against the homeowner - the bank that held the note,and was expecting payments, did not get the title rights transferred to it by the letter of the law. That bank tried to foreclose when the payments stopped coming.

There is an entity (not the people living in the house) that will transfer correct title to the note holder, as soon as they straighten out the paperwork.

If the bank cant get the title and the right to foreclose - then they sell the note back to the title holder - and they foreclose. the delinquent homeowner will end up out of the property.