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Foreclosure stalling question

Discussion in 'Foreclosure, Repossession, Auctions, Short Sales' started by jetliner2, May 9, 2012.

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  1. jetliner2

    jetliner2 Law Topic Starter New Member

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    I'm sure most here are aware of homeowners being able to halt foreclosures due to the banks not having the original paperwork in order, missing documents, etc.

    My question is, if a foreclosure is started, and the homeowner is able to halt it due to one of the above problems, then what course of action can the lender take after that? If the case was thrown out or withdrawn due to lack of evidence (bad paperwork) then how can they come back and try again with the same paperwork?
     
  2. Michael Wechsler

    Michael Wechsler Administrator Staff Member

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    Are you trying to make a double jeopardy claim? I'm not sure why the cases were dismissed and it could be without prejudice, e.g. the plaintiff can refile when it has the proper evidence. You'll need to explain more. It is obviously not right that a homeowner will simply be able to walk away with a home because a filed case requires more documentation.
     
  3. jetliner2

    jetliner2 Law Topic Starter New Member

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    Do a google search for mortgage original paperwork. In fact, start with this: http://www.msnbc.msn.com/id/29242063/ns/business-real_estate/t/new-foreclosure-defense-prove-i-owe-you/#.T63JPOaaJV0

    I don't think the homeowners are going to keep their homes over this. It just buys time. But I've read of cases where as some people are going on 2 years after asking the bank for the original paperwork, and they still have not heard from the bank.

    So, knowing that the homeowner cannot drag on forever, but the bank having withdrew their suit due to lack of paperwork, how would the bank then proceed to refile a suit?
     
  4. jetliner2

    jetliner2 Law Topic Starter New Member

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    Here's how this "defense" is working. This is not an example of asking for the paperwork, but it still illustrates the way this works.

    http://www.digtriad.com/news/watercooler/article/178031/176/Florida-Homeowner-Forecloses-On-Bank-Of-America

    This couple had paid cash for their home, and never had a mortgage with Band of America, yet BOA still brought foreclosure proceedings against them. Now in this case, they won a judgment against BOA and actually went with the sheriff and started seizing property and cash at the bank, until the manager came along with a cashiers check for what was owed.

    But, that's kind of the core of the asking for the original paper work tactic. Prove that you are in fact the bank that currently owns m mortgage.
     

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