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Wonderful Ruling Out Of Florida On Foreclosures - You Won't Believe This....

By M. Stan Herring

As you may know, foreclosure litigation is much more frequent in Florida than here because Florida is a "judicial" state (all foreclosures have to go through court) and here in Alabama we are a "non judicial" state (foreclosures are private and don't involve the court). I want you to read a blog post - link below - that discusses the sloppiness of foreclosures by the banks.

Here's a bit of background. . . .when we have opposed bogus debt buyer lawsuits, the lawyers say "But Judge we must truly own the debt or we would not have brought the suit!" We point out that not only can they not prove they own it but sometimes multiple debt buyers try and collect the same debt . . . and they all argue they own it . . . at the same time!

In foreclosures, it is even worse. These banks can't figure out if they own the note or not. They just like to say "Well, the borrower didn't pay so don't worry, Judge, that we can't prove we own the note."

We've had multiple lawfirms in the same case (where we sue to stop a foreclosure) because the bank has hired two different competing firms to file different answers to our lawsuit. They can't even figure out which lawfirm is supposed to represent them. Different banks (or Trusts) will claim to own the loan . . . at the same time. That's impossible folks....

Read this blog post from Florida - it has a transcript and is mind boggling. The Judge talks about the problems with foreclosures in Florida and gives a startling example.

Two different banks sued on the same note. . . different cases . . . But each had an affidavit "proving" each bank owned the debt.

The affidavits were identical . . . except they said two different banks owned the note.

That's horrible.

That's bogus and gives you insight into what is happening in the world of foreclosures.

But guess what - the person who wrote and swore to the first affidavit - that Bank "A" owned it . . . and the person who swore in the second affidavit that Bank "B" owned it . . .

Yep, the same person!

At the same foreclosure law firm.

Ridiculous.

[Much thanks to Michael Alex Wasylik who handled this case so well!]

So, if anyone ever says to you "Do you really think these banks - who took billions of our tax payer dollars - would ever lie to you? Would ever commit fraud?"

Uhhh.... yes.

If you want to read about some options to stop foreclosures in Alabama then read our article about bogus and legitimate defenses to foreclosures.

Amazing stuff, isn't it?

John Watts

PS - If you would like more information on foreclosures, please check out our articles The Three Stages Of Foreclosure In Alabama and Wrongful Foreclosures In Alabama.

If you have further questions or concerns, feel free to contact us through our website or by calling 205-879-2447.

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Full post as published by Alabama Consumer Blog on April 12, 2010 (boomark / email).