Oh My !! Anyone Here Own a Foreclosure?

Discussion in 'The Bar' started by GSD, Oct 21, 2011.

  1. GSD

    GSD Active Member

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    I don't recall seeing this in the mainstream media a few days ago. This is HUUUUUGE!!

    This could really get ugly

    Mass. Supreme Court Rules Previous Foreclosure Invalid & Bank/Servicer, not the current owner, is the Responsible Party

    http://www.zerohedge.com/news/guest-post-houston-weve-got-problem-bevilacqua



    And for anyone without ADHD see below


    Court Case Link http://www.ma-appellatecourts.org/display_docket.php?dno=SJC-10880

    Here are the key components of the FRANCIS J. BEVILACQUA, THIRD vs. PABLO RODRIGUEZ case:


    1. In holding that Bevilacqua could not make "something from nothing" (bring an action or even have standing to bring an action, when he had a title worth nothing) the lower land court applied and upheld long-standing principles of conveyance.


    2. A foreclosure conducted by a non-mortgagee (which includes basically all of them over the last five years, including the landmark Ibanez case) is wholly void and passes no title to a subsequent transferee (purchasers of foreclosures will be especially pleased to learn of this)


    3. Where (as in Bevilacqua) a non-mortgagee records a post-foreclosure assignment, any subsequent transferee has record notice that the foreclosure is simply void.


    4. A wholly void foreclosure deed passes no title even to a supposed "bona fide purchaser"


    5. The Grantee of an invalid (wholly void) foreclosure deed does not have record title, nor does any person claiming under a wholly void deed, and the decision of the lower land court properly dismissed Bevilacqua's petition.


    6. The land court correctly reasoned that the remedy available to Bevilacqua was not against the wrongly foreclosed homeowner but rather against the wrongly foreclosing bank and/or perhaps the servicer (depending on who actually conducted the foreclosure)
     
  2. Partyxanimal

    Partyxanimal Well-Known Member

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    :jj:
     
  3. wicked smaaaht

    wicked smaaaht New Member

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    ok, that ADHD was meant for me right? I saw this on our news
     
  4. GSD

    GSD Active Member

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    No
     
  5. Markijuano

    Markijuano Well-Known Member

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    I bought a second home that's now ny primary residence as a short sell and don't feel bad one bit for the previous owner who overpaid ans couldn't afford it. Fucken babies whahh the bank tricked me. And the courts for entertaining and siding with these deadbeats.
     
  6. mattyfishrip197

    mattyfishrip197 Well-Known Member

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    agreed.....these fuckers are the same jerk offs whose shit dont stink till the repo man comes a callin for the bmw....

    and the sheriff is there watching someone put locks on the doors....then all of a sudden they are an everyday working stiff...who puts their pants on one leg at a time....crying on tv about they dont know whats gonna become of them...they dont know what to do.....fuck them...


     
    Last edited by a moderator: Jun 23, 2014
  7. Mlaw

    Mlaw Quite Contrarian Gold

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    cha ching
     
  8. Mlaw

    Mlaw Quite Contrarian Gold

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    ...and both rulings were correct.
     
    Last edited: Oct 21, 2011
  9. GSD

    GSD Active Member

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    You're probably good. On the short sale the bank is working with the resident and the buyer to agree to a deal. Less chance of the alleged rubber stamping wholesale criminal activity going on with foreclosures

    There probably are quite a few deadbeats. And also quite a few honest people that were screwed too. The latter are the ones I'd like to see get justice. Too bad the banks/services won't be going to prison. They should for how they supposedly handled many of these. The list of charges would be lengthy. I think one place I saw had documents 30 criminal offenses both misdemeanor and felony that could be brought against those responsible. If I run across it again I'll post it. I think one attorney had even laid out RICO charges for trial since he felt it was an organized criminal activity that was screwing many people
     
    Last edited by a moderator: Jun 23, 2014
  10. Markijuano

    Markijuano Well-Known Member

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    That cat looks sooo high