Your House May Be Taken Away By A Ham Sandwich
Richard F. Kessler, Esq.
In-house Counsel and Special Consultant to BP Investigative Agency (BPIA)
Recently some courts have so watered down the requirements to enforce foreclosure that today even a ham sandwich can take your home. With a new wave of foreclosures just around the corner after the New Year, more and more courts have come to realize that enforcement of the legal rights of mortgage debtors will render many mortgages unenforceable. These judges act as if compliance with foreclosure laws could lead to the collapse of the banking system.
In a surge of conservative judicial activism, unlike anything ever seen before, judges who strictly construe the right of eminent domain (the right for the government to take your property) have assisted banks in seizing homes when the homeowner failed to make payments absent any showing that the bank was entitled to receive the payments allegedly in default. The court grants the bank foreclosure even if the defaulted payments were due and owing to someone else. Under this theory, if my neighbor fails to make car payments to the dealer who financed the vehicle, a judge will allow me to seize the car.
continue below for 11 defenses a homeowner should consider, what is going wrong in some of our courts, and how to fix this mess…
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