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Thursday, January 29, 2009

Pro Se Defendant Prevails

In the ever increasing foreclosure crisis, the lack of willingness on the part of the servicing companies to trully modify loans to the benefit of all, one man in Miami fought back.

The full story can be seen be read here at The home you save could be your own.

In short, Luis Molina did his homework, reseached this issue of "lack of standing", got up in front of the judge and pled his case. A novice who readily admits he was nervous. He was going up against seasoned attorneys, but attorneys that were knowingly representing a client they, in my mind, knew had not standing. I am not a lawyer but have studied this in detail for almost two years now and as one attorney put it, "this is law 101".

As I attempt to uncover the truth, the fraud and the many misconceptions of this crisis, I find that those who were mainly responsible through fraud and deceit are continueing to profit through more fraud, deceit and illegal actions.

The law is the law for "everyone" and judges around the country are beginning to recognize the situation for what it is and denying foreclosures. Many of us are in a catch 22 situation but the continued preying on the weak for further gain and profit just cannot and should not be tolerated.

Future posts I am working on will show how the banks are even taking back properties at the sale illegally, putting them in their REO (real estate owned) departments, selling them making even more money in the process - all with no investment of cash. You see "they have already been paid in full" for the homes they are taking back.

My story in full can be read on my other site, TheForeclsoureDetonatorFORUM. A site designed to inform and encourage people to "fight" their foreclosures.

Fighting a foreclosure and defending against ones that are being done illegally - which most are - helps to preserve not only the economy but the integrity of our judicial system as well.

What is happening can be and is considered "fraud upon the courts" by many judges. One judges comments -

"I deny more foreclosures than I approve," said Justice Arthur Schack of Kings County, N.Y., Supreme Court, in Brooklyn. "I want to see the servicing agent's power of attorney, I want to see all the paperwork before I approve it. If the paperwork is garbage, I deny it. If you're going to take away someone's home, it should be done properly."

This quote from where you can read the entire story. I urge you to take the time to do so.

He even went further with an attorney representing the wrongful plaintiff (lender).

In a blistering opinion in June, Schack, the Brooklyn judge, threatened Mary McLoughlin, an attorney at Rosicki, Rosicki & Associates of Carle Place, N.Y., with sanctions for filing a foreclosure on behalf of Wells Fargo. After doing his own research in the Automated City Register Computer System, a New York homeowner database, Schack discovered that Wells Fargo never owned the mortgage.

Schack denied the foreclosure and further set a hearing for Aug. 1 to afford her a chance to explain why she should not be sanctioned for "frivolous conduct." Wells Fargo Bank v. Reyes, No. 5516/08 (Kings Co., N.Y., Sup. Ct.). McLoughlin did not return calls for comment.

Read my entire post with links to the story and related stories in TheForeclosureDetonatorFORUM and for more information on defending and fighting foreclosure go to TheForeclosureDetonator web site.

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