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We have a real Judge!

10/15/2009 2:10 PM

We have a real Judge

"The foreclosure sales (in question are) invalid because they failed to meet the requirements of (Massachusetts law)," Land Court Judge Keith Long wrote yesterday in reaffirming a decision he originally reached in March.

At issue is "lost" (or improperly endorsed) paperwork when mortgages are sold from party to party, as typically happens many times during a securitization process.

I have often argued that a lot of "lost" paperwork is in fact intentionally destroyed, as this is one of the few ways to cover up blatant fraud in the origination of mortgages - brokers putting the same application through with a half-dozen ever-higher "claimed" incomes, for example, until they get an approval. The original paperwork that is executed by the borrower, if it bears hand-written numbers that don't match the signature, could be a strong indicator of fraud committed by those brokers (and willingly ignored by securitizers.)

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#1

Re: We have a real Judge!

10/15/2009 2:53 PM

Sounds like a good ruling to me that just might have larger implications elsewhere. The one question that comes to my non-legal mind, what does a home purchaser buy when he/she pays for title insurance? I thought that this nebulous fee in conjunction with attorneys being present guaranteed a proper title search and filing. If the title insurance company did an incomplete job, they and not the purchaser was libel for any and all subsequent expenses. So if some of the title paper work was misplaced, the mortgage to the bank and any undiscovered liens on the property (not the ownership of the home) would be covered by the title company. Title insurance protects both the new owner and the bank from any title documentation screw ups.

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#2

Re: We have a real Judge!

10/15/2009 3:47 PM

Lawyers that truly understand this method of "securitization" are few & far between...really, people need more help (not forgiving those who couldn't afford the property in the first place), but others out of a job face the same nightmares.

These banks, investment houses, brokers bundled & traded securities like they had no rules or ethics - they created the toxic assets we are paying for today ByGod...may the guilty ones lose their cash & belongings, and rot in Hades...

I can't remember the phrase used to describe this type of defense against foreclosure, but it is gaining ground...just not enough resources out there to pull the trigger and execute the strategy...

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