“The solution now being considered is for municipalities to simply take ownership of the mortgages through eminent domain. This would allow them to clear title and start fresh, along with some other lucrative dividends.”
This makes much more sense and would allow the lost state pension and trust funds to be replenished.
Meanwhile, if the current administration were smart – they’d call a moratorium to foreclosures, evictions and deficiencies and investigate the massive amounts of bank frauds against the homeowners and enable the municipalities to get organized.
Two landmark developments on August 16th give momentum to the growing interest of cities and counties in addressing the mortgage crisis using eminent domain:
(1) The Washington State Supreme Court held in Bain v. MERS, et al., that an electronic database called Mortgage Electronic Registration Systems (MERS) is not a “beneficiary” entitled to foreclose under a deed of trust; and
(2) San Bernardino County, California, passed a resolution to consider plans to use eminent domain to address the glut of underwater borrowers by purchasing and refinancing their loans.
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