There has to be more to this than just ‘lost’ documents, there are legal ways to replace ‘lost’ documents. I have to believe that maybe they don't want to produce the originals and what that reason could be I have no idea, but it must be devastating to the lenders or why would they try so hard not to produce them?
Here’s why: The Banks (lenders) don’t want the investors who bought the mortgages to find out that the notes weren’t endorsed to the investors and the mortgage for the note was not assigned sooo..the investors bought a bunch of papers which were secured by nothing, zip, zero!
The banks would rather foreclosure on the property (if they can get away with it) with forged “papers” then fight the investors who are beginning to realize what happened and have started to sue to get their money back.
Bank of America is holding “$14 billion” dollars just in case the investors who are suing them win. And that’s only ONE group of investors. Some analysts say that if every investor sues BofA and wins - BofA will be no more because the amount owned would be in excess of $1.3 trillion. And that’s just ONE of the TBTF banks.
Yup, they've been sold more than once on the secondary market under different descriptions. Each instance was backed by CDS and other "credit enhancements".
This only becomes evident on a contested default or institutional putback but is prevalent...
I can’t say I am surprised that neither of you choose to answer my question about the ramped forgery, perjury and Fraud on the Court presently being committed by all the big lenders.
As I said the foreclosure laws have not varied that much in all the years they have been on the books. These laws not only protect the rights of lenders and those being foreclosed upon, but all property owners. There must be a strict and orderly procedures for transferring property or the whole system becomes meaningless.
What boggles the mind is that those who should know that system and its procedures the best are these big lenders and their lawyers and yet here they are unable to produce basic legally required documents and paperwork. And what’s their answer to not having it? It is forging, back dating, the swearing under oath the veracity of documents being well and true and all the time they were produced in some back room by some minimum wage fluky off the street and you want to let them ‘skate’?
When did the failure to honor a civil agreement become more serious than the committing of multiple felonies in multiple cases?
Our country has under gone a number of financial crises and survived them, but the present undermining of the legal system by the lenders massive perpetration of Fraud on the Court is something the country may not recover from. Once the the you undermine the rule of law a Republic ends.
I really like it when people make statements well they shouldn’t be able to hide behind legalities if the are behind on the mortgage they should just get out and honor they agreement, but let me ask you this when was the last time you know of that a bank or for that matter any large corporation broke the law and then just came out and readily admitted it and took their punishment? NEVER every time they get caught they take advantage of every legal right they have the drag out case after case wearing down their opposition until they can get them to settle while never admitting to their wrong doing. How many times have they committed grievous errors and then dragged out settlements until the damage party ended up with nothing because the legal fees ate up the settlement? And yet you want to deny some poor guy trying to keep a roof over his families head the same rights?
I love it when people point to the morality of the person that fell behind but over look the lack of business ethics in many of out leading institutions.
Let me say if you are behind and the lender goes to court and follows the rule of law then out the door you go! At the same time I want to see that every time one of these lenders, they lawyers or the agents commit these felonies that the lawyer, servicing agent, notary and the lenders employee who signed off on them carted off to jail just like you or I would be if we tried and got caught committing the same crimes.
The real problem is the lenders for what ever reason can not produce the proper paperwork with out committing fraud and no matter how good your case is if you can’t prove it without breaking the law you loose.