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A monumental ruling by a Judge in Massachusetts this week, will now change how banks foreclose on properties. Banks will now need to prove they own the mortgage, before they can foreclose on it.
On July 5, 2007, U.S. Bank foreclosed on the mortgage of Antonio Ibanez, and bought his house in Springfield, Mass., at auction. The same day, Wells Fargo foreclosed on Mark and Tammy LaRace.
Selling a house the bank cannot prove it owns makes the sale "void," was the decision by Massachusetts Supreme Court Judge Ralph D. Gants. That means the banks in the case, U.S. Bancorp and Wells Fargo, had no legal right to foreclose on the two homeowners who brought the case. http://cdn.americanbanker.com/media/pdfs/IbanezSJCOpinion.pdf
What came out in court records was neither bank had the documents to prove that it owned either loan, giving the banks power to foreclose. Instead, the bank submitted hundreds of pages of documents showing how the mortgages passed from the original mortgage broker all the way down to the bank investors who eventually came to own them. Passing mortgages from one owner to the next showing the general intent of everyone involved, is now proving not to be enough for banks to prove ownership, which has been the continuous argument of banks up to this date.
"The issues addressed by the court revolved around the process of servicing the loan on behalf of the securitization trust, which was performed in this case by the servicer, American Home Mortgage," US Bancorp said.
While this ruling involved two major banks, it may be inevitable that some financial institutions will go under as a result...time will tell.
Disclaimer: ActiveRain Corp. does not necessarily endorse the real estate agents, loan officers and brokers listed on this site. These real estate profiles, blogs and blog entries are provided here as a courtesy to our visitors to help them make an informed decision when buying or selling a house. ActiveRain Corp. takes no responsibility for the content in these profiles, that are written by the members of this community.