Who Can Go After Banks for the Foreclosure Crisis?

Unknown's avatarLivinglies's Weblog

Foreclosures States FILE – In this March 24, 2009 file photo, a sign lies on the ground in front of a foreclosed home in Homestead, Fla. Officials in 49 states have launched a joint investigation into allegations that mortgage companies mishandled documents and broke laws in foreclosing on hundreds of thousands of homeowners. (AP Photo/J Pat Carter, File)

Editors Note: When Banks defraud American cities out of county recording fees and saddle them with the maintenance of foreclosed real estate that the banks have abandoned or neglected- cities lose revenue.  The cities are then unable to care for the homeless families that were displaced by the banks and may neglect to provide basic municipal services like public water, sanitation or maintain the infrastructure.

The city of Detroit is a perfect example of how a bankrupt city was unable to properly carry out its assigned responsibilities to its citizens due to financial deficiencies…

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4th DCA Florida: Exploding the Merger Myth

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Achieving standing via merger also requires that the surviving entity prove that it “acquired all of [the absorbed entity’s] assets, including [the] note and mortgage, by virtue of the merger.”Fiorito v. JP Morgan Chase Bank, Nat’l Ass’n, 174 So. 3d 519, 521 (Fla. 4th DCA 2015).

see http://4closurefraud.org/2016/06/07/fl-4th-dca-segall-v-wachovia-bank-na-reversed-wachovia-failed-to-prove-standing-to-foreclose/

Finally the courts are turning back to the simple rules of law that always applied until the era of false claims of securitization. Hopefully this decision will be persuasive authority in all jurisdictions. As stated in other cases, the banks can’t continue to operate using multiple choice assertions. Either their entity is real or it isn’t. Either they acquired the loan or they didn’t — and the fact that there was a merger does NOTHING for them in asserting transfer of the loan. They must show that the subject loan was in fact acquired by the surviving entity in the merger…

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