Not a lawyer, so maybe a stupid question.
Does this automatically propagate to other states, or do we have to fight the battle state by state?
Does this automatically propagate to other states, or do we have to fight the battle state by state?
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The states have variances in their real estate recording laws. An underlying law is that all documents relative to recording events to real property have to be over a signature of the note owner or the beneficiary-designated trustee. The Statute of Frauds is the legal principle requiring signatures for certain legal documents, and likely varies as to the actual document types named among the states. I haven’t seen a case yet where this statutes was used to beat the ‘agent of an agent of a nominee (MERS)’ that is found in so many cases, and the instructions affecting title from the actual beneficiary were presented over a signature, in violation of the statute of frauds (CA is my example)
State by state. All states have their own laws governing these matters.
Some cases are tried in federal court and have binding rulings on all states but in 99% of the cases that look like they will be won by the homeowner, the crooked debt collectors will offer to settle out of court in favor of the homeowner on condition that the settlement be kept confidential. This is done to hide the ‘wins’ so that people won’t know what methods are used to defeat the crooks.
Also, as many judges are effectively held hostage to statutes written to favor ‘lenders’, a homeowner with a competent attorney firm will demand a jury trial because juries can bring verdicts apart from statutes even though a judge or debt collector will go to hell and back telling them they must regard the statutes.
Courts and their lawyer communities have at the core of their business models a game of messing around with statutes. Juries can bypass all that game playing.
Another tactic used by crooked debt collectors is to have their attorneys motion to dismiss a lawsuit or a motion for summary judgment, why? Because they want to avoid a homeowner getting into discovery and finding out that yes, indeed, the debt collectors are crooks, frauds. If the homeowner survives a motion to dismiss or motion for summary judgment and starts finding out the truth about fraud on title, IT’S SETTLEMENT TIME WITH CONFIDENTIALITY AS A PRIME CONDITION!
This is how the game is played.