[etcb]

I am not sure this question centers on the right of the owner of the mortgage to collect but rather the responsibility of the entity claiming to own the mortgage to prove that fact. When you foreclose, you have to prove not only that the borrower did not make payment but that you are the rightful owner. Anyone can claim to own anything but proof is required when you use the courts to enforce your claim.

[101voodoo]

Cannot argue with what you say. But hard can it be to trace the mortgage? If an investor buys a package of securities including mortgages then all the mortgages in the package would be owned by them.

Is this what the Judge disputed? Or was the ruling simply based on pity for the mortgagee and animosity for the “big bad investor”?

This country his HISTORY if people do not learn to be, in fcat FORCED to be accountable for their actions and stupidity. How about reading the damn document before signing it? How about hiring an attorney?

Caveat Emptor all the way.

[Chunga85]

The reluctance of lenders to come forward and identify themselves as the party that has been damaged by the alleged default raises the question: Have they been made whole (multiple times) by financial wizardry and stuffed the bill to the taxpayer? It's the rule rather than the exception that parties bringing foreclosures into court will refuse to respond to Debt Validation or Qualified Written Requests, Motions to Compel, etc. If a defendant get's too close to striking a nerve these foreclosing parties basically plead the Fifth and seek a Protective Order in an effort to avoid a deposition. Also worth consideration is the common practice by lenders who fail to record assignments properly and skip out on paying for legally required doc stamps (pursuant to FL Statute 201.08)

In the CASE cited here the plaintiff failed to pay the county $13,150.50 in doc stamp fees. This resulted in the court granting a Motion to Dismiss in favor of the defendants.

[biff]

Sometimes when they divy up the MBS’s up amoungst investors they end up cutting mortgages into pieces. How about owning only 10% of the house you are trying to foreclose on? Gotta have the paperwork. It took six months for the mortgage company to find my deed and contract after being passed around the country for all those years.

[American Bulldog777]

Well you seem to GET IT, Thank Goodness.

If you profess to foreclose on me you had better be able to PROVE IT UP...K.I.S.S.