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"Massachusett's High Court Invalidates Foreclosure Sales"

By
Mortgage and Lending with Christensen Financial Mortgage 385907

So says (writes) Sheri Qualters for the National Law Review.

"Court gives banks "beat down" over foreclosures"

So says (writes) Les Christie for CNNMoney.com

To quote Vince Lombardi,

"what the h---'s goin on out there?"

Here it is from Christie's article;

" the banks failed to make the required showing that they were the holders of the mortgages at the time of foreclosue,"

That's what Justice Ralph Gants wrote for the Massachusett's Supreme Court.

Supreme Court...that's the biggie in Mass, right?

Woooooooooo

what does this mean? well it's probably too early to access the big picture, but for sure there's a

Real BIG MESS

I'm really a simple guy, so let's see if I have this straight, feel free to chip in here;

The previous owners of the home, those who were foreclosed on, are now the current owners of the home, and the current owners of the home, are now the previous owners of the home, or actually according to the court they never really owned the home, right?

According to Christie this is the first high court ruling that banks can't foreclose on homes unless they can prove that they currently hold the mortgage. And

that may not be that easy, since in some cases they can't.

let the games begin

Here's some interesting info from Sheri (Qualters) article

"for the plantiffs to obtain the judicial declaration of clear title that they seek, they had to prove their authority to foreclose under the power of sale and show their compliance with the requirements on which this authority rests."...Justice Gants

HUH?

Compliance?

Is he saying, that they didn't do it right?

All I can say is there's more to come, and for now in my opinion this is

One BIG MESS!

 

Joetta Fort
The DiGiorgio Group - Arvada, CO
Independent Broker, Homes Denver to Boulder

Wow - I didn't hear about this one. Interesting times we live in. Gotta keep an ear to the ground on this one.

Jan 10, 2011 01:19 AM
Jay Beckingham
Christensen Financial Mortgage - Port St Lucie, FL
Seniors ROCK!

Joetta,

i believe it occurred on friday and it involved 2 specific foreclosures (cases). i've got to believe this will expand in scope. we'll see.

thanks

jay

Jan 10, 2011 01:23 AM
Jon Budish
Resident Realty - Fort Collins, CO

If this expands nationwide, and more lawyers smell blood in the water, It might force banks to discontinue lending until it gets resolved.  Just what we don't need!

Jan 10, 2011 01:30 AM
Trent Cluley
Jasper, GA

Nice summation Jay . . .  "One BIG MESS".

I expect to see more rulings like this, particularly as more MERS and robo-signing cases work their way through the system. The variations in state laws, the particulars of each case, and the positions taken by different courts is likely to create different outcomes on different loans in different states, thereby adding to the confusion, but in a nutshell, you said it . . . One BIG MESS.

Jan 10, 2011 01:32 AM
Jay Beckingham
Christensen Financial Mortgage - Port St Lucie, FL
Seniors ROCK!

Jon,

they've already caught the scent.

i don't think lending will halt, but you'll probably see continued overdocumentation, more modifications, and possibly different players.

one's problems are often another's opportunities.

Trent,

i expect more rulings like this also. next up? NY? (you know they wanted to be first)

thanks

jay

Jan 10, 2011 01:45 AM
Nick Dailey
RE/MAX Affiliates - Union, KY
RE/MAX: Northern Kentucky Real Estate - NKY MLS - Short Sale

I saw that.  Open the floodgates, because here it comes!!!

Jan 10, 2011 01:52 AM
Jay Beckingham
Christensen Financial Mortgage - Port St Lucie, FL
Seniors ROCK!

Nick,

i agree the potential is there, truly only time will tell. we've had a plethora of foreclosures here in florida so i'm anxious to see the immediate effect.

thanks

jay

Jan 10, 2011 11:45 PM