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St. Cloud MN Foreclosure case could have a further national impact

By
Real Estate Agent with RE/MAX Results St Cloud Mn real estate

It is getting very interestingThere is a foreclosure in Saint Cloud MN that has been going on for 3 years. It could now potentially have an impact on the entire country, just like the Massachusetts case that voided 2 foreclosures earlier this year.

On January 15, 2011 the Star Tribune printed a story called Tiny law project looking for big case ; the case of the Saint Cloud MN homeowners foreclosure battle. The homeowners assert the bank lacks the legal standing to foreclose, and their attorney alleges that the bank (US Bank) fabricated paperwork they could not find, in order to prove their position. US Bank claims they have no responsibility to prove the process was done correctly, as they are a Trustee for the securitization.

The homeowners attorney is currently seeking class action status, which could make the impact of this much larger than just one case, and could include many more plaintiffs. The good news is the attorney is a part of a small non profit organization and whatever court decision comes down will likely be to the benefit of the clients.

To their credit the St. Cloud, MN homeowners do not expect a free ride. What they want is a workable modification of their mortgage, and to know they are paying the right party (their mortgage changed hands 4 times).

The Massachusetts Supreme Court rulingwill have an effect, it has been blogged about by several of my fellow ActiveRainers (I have included several links below). These cases also bring a lot of questions to mind, as is fairly represented in the post Massachusetts Supreme Judicial Court Ruling today regarding Foreclosed Properties by MaryBeth Mills Muldowney a MA Realtor.

Delays in the foreclosure process are already evident, and if the courts vacate the banks position entirely, we (taxpayers) could end up picking up the tab. Again.

 

MASSACHUSETTS SUPREME JUDICIAL COURT RULES AGAINST WELLS FARGO AND US BANKORP FORECLOSURES. . . . . THE PLOT THICKENS.  by Lenn Harley

Massachusetts Supreme Judicial Court Affirms Ibanez by Jessica L. Albino

Massachusetts court throws out two foreclosures where assignments were not recorded by Dan Rosenberger

Foreclosure Apocalypse Now? What Every REO & Foreclosure Realtor Needs To Know About The Massachusetts Ibanez Decision by Richard Vetstein

 

 

Posted by

Steve Baklaich RE/MAX Results  www.stcloudareahomesforsale.com 

Cell:320-260-3290 Saint Cloud Minnesota Real EstateQR code to Google Places Page

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If you are relocating to central Minnesota check out all the wonderful reasons to love St Cloud. It is a wonderful area full of things to do and lots of great houses. I would welcome the opportunity to help you find your perfect place here. Visit my St Cloud real estate website for more information about buying or selling a home, or property in the central Minnesota real estate market.

 

Karen Bernetti
Southington, CT

Steve - you've been TAGGED - 'ME ME' BHAG 2011 - Go here to find out what to do next

Jan 19, 2011 07:11 PM
1~Judi Barrett
Integrity Real Estate Services 116 SE AVE N, Idabel, OK 74745 - Idabel, OK
BS Ed, Integrity Real Estate Services -IDABEL OK

Steve, I was reading about the quiet title lawsuits against lenders in Utah.  If you haven't read about what's going on there, it is pretty interesting.  I didn't want to spam your post with a link so if interested, just google utah foreclosures quiet title. 

It's going to be a while before we get to the end of all of this mess.

Jan 20, 2011 12:48 PM
Steve Baklaich
RE/MAX Results St Cloud Mn real estate - Saint Cloud, MN
Treating Buyers & Sellers to Full Service Always.

Hi Karen: Well I guess I'm It. Thanks.

Hi Judi: Thanks for the information. I guess where there are lawyers and foreclosures this is bound to happen. It is good to keep up to date on what's going on.

Jan 20, 2011 03:03 PM
Laura Filip
Laura Filip Broker , Opening doors for All Seasons of Life - Whitesboro, TX
What can we do for you today?

Steve Baklaich Thank you for sharing please follow me on ActiveRain 

Minnesota a beautiful place to call home alot of wonderful memories from up north. Stay warm and enjoy your day.

Nov 10, 2014 08:01 AM
Steve Baklaich
RE/MAX Results St Cloud Mn real estate - Saint Cloud, MN
Treating Buyers & Sellers to Full Service Always.

Thanks Laura.  I hit the follow button.

 

Nov 10, 2014 09:17 AM