All Posts Tagged With: "Boyko"
Foreclosures: No Mortgage Payments For Years
We keep hearing reports that mortgage foreclosures and delinquencies are down and here’s why: Lenders are plainly not foreclosing once a borrower has missed three monthly payments. So why have foreclosures stalled? The answer is that the process of recording mortgage notes is so screwed up that it’s stopped foreclosure activity worth hundreds of billions [...]
31Aug2011 | Peter G. Miller | 0 comments | Continued
The Real Foreclosure Crisis: Who Owns The Mortgages?
For all the headlines given to foreclosure affidavits and robo-signing virtually no one has mentioned the real point, the idea that the affidavits themselves may not prove loan ownership regardless of how they were signed. For several years foreclosure defense attorneys have been telling anyone who would listen that the entire foreclosure process is flawed [...]
11Oct2010 | Peter G. Miller | 9 comments | Continued
No Mortgage Note, No Foreclosure
A basic rule of law is that a lender cannot foreclose without physical possession of the note. No note, no foreclosure. To get around this, note-less lenders are telling courts that they want to use a copy or the note and not the original to justify the foreclosure. If the court will accept a copy [...]
3Aug2009 | Peter G. Miller | 0 comments | Continued
Judge To Lenders: Show Me The Note
With mortgage practices under fire on Capitol Hill and across the country, a federal court decision in Cleveland is now proving more important each day: Homeowners can’t be foreclosed unless mortgage owners actually go to court and prove they have the right to call the loan. At first this may seem unimportant. After all, when [...]
18Feb2009 | Peter G. Miller | 5 comments | Continued
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