It appears that not even Christmas time will stop the banks from going after homeowners and trying to take their property. These Scrooge-like entities with the heart as big as the Grinch’s, “an empty hole,” are pursuing properties and entertaining the judges with their flawed cases. Frustrated by the lack of evidence to prove the right to foreclose upon properties, judges are turning to creative demonstrations to validate the findings for their rulings.
In a court case in Royal Palm Beach, Florida, Judge Robert Gross references George Bailey from the beloved Christmas film, “It’s a Wonderful Life.” George makes loans to his neighbors and puts the notes and mortgages in a safe in the back room. There is no selling, bartering, or selling of the notes. It’s clear who owns the deeds to the properties. Not so these days.
Judge Gross comments, “Those days are long gone,” with banks not holding the proper deeds nor having the proper signatures on the proper documents. In a rush of bad loans, banks became sloppy with their handling of the mortgage documents and no income verifications, enabling more homeowners to have a fighting chance to stay in their homes.
In another creative judgment, Judge Melanie May of the 4th District Court of Appeals drew a map to demonstrate the missing information needed by the banks to prove their right to own the property.
These creative rulings should by no means make light of a very serious situation. Homeowners across the country are in jeopardy of losing their homes to foreclosure. And the holidays are not slowing things down.
At the Estavillo Law Group, PC, we have helped individuals in Alameda, San Francisco, Sonoma, Santa Clara, Santa Cruz, Sacramento, Stanislaus, San Joaquin, Monterey, Orange, Los Angeles, San Mateo, Napa, Solano and San Diego Counties stay in their homes. We have a winning record against the banks for property owners whose homes are facing foreclosure. Whether the property is a primary residence, commercial building, or income-producing property, we hold a winning record.
If you or someone you know is facing a foreclosure, please contact our office for a free phone consultation. Jason will speak with you personally to assess your situation and answer your questions in a confidential and respectful manner.
Visit our Foreclosure News blog if you would like more information on how we recently stopped the foreclosure process of four properties.