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The courts have turned the corner. Decisions like this are coming out across the country from the trial and appellate benches as Judges and Justices are expressing their frustration and anger over the false submissions by banks pursuing foreclosures. Here the court had the option of remanding for further proceeding, allowing the Plaintiff in foreclosure to refile its claim. But instead, the Appellate court decided that the Defendant Borrowers should simply win the case.
There are other issues that are potentially present here as this case goes forward. Title is not cleared and there are other tactics that can be tried by other claimants who are relying upon the false documentation produced at “closings.” But one thing is clear — the Judges are starting to pay attention and they are highly frustrated by the shell game of changing servicers, trustees and even Plaintiffs without amendment explaining the change. Several Judges have ruled for borrowers and expressed deep questions of credibility regarding a “foreclosure” case where the only witness is someone who knows nothing and is the corporate representative of an entity that never had any relationship with the loan documents or the collection process and obviously no connection with the original loan “closing.”
Judges are asking: “why are they choosing to hire people to testify who have no basis of knowledge of any facts relevant to the case? If that is their strategy, what are they trying to hide?”
Filed under: foreclosure |