Posted on August 6, 2011 by Neil Garfield
EDITOR’S COMMENT: Up until now, there has been an impenetrable trap-door for homeowners who were the victim of a fraudulent foreclosure — especially in States like Arizona and California where sales of property are held without judicial review. The pretender lenders are simply forming companies that substitute trustees and other parties — essentially appointing themselves as judge, jury and executioner.Then when it’s all over, and the bogus auction results in the issuance of a deed in foreclosure, the homeowner is faced with an eviction lawsuit in which the rules say he can’t challenge title — even if he has evidence of forgery and fabrication of documents. Now, The highest court of Massachusetts, has said that is a loophole it is closing. The Judge MUST hear the challenge if the allegation is that the party seeking eviction is alleged to have acquired title illegally.
The state’s highest court has ruled that people fighting eviction from homes they lost to foreclosure can challenge the validity of a property seizure in housing court after the fact, a decision advocates for homeowners’ rights are calling a major victory.
The Massachusetts Supreme Judicial Court’s unanimous ruling, released today, involved KC Bailey, a Mattapan man whose home was taken back by the lender through foreclosure. In 2009, Bailey contested his eviction during a housing court proceeding, saying the foreclosure process itself was flawed.
In court, Bailey claimed he only learned of the 2007 foreclosure when he found an eviction notice taped to a fence surrounding his property. He refused to leave the house on the grounds he was not given proper notice of the sale.
Bank of New York, which wanted to evict Bailey, argued that the housing court didn’t have the authority to consider a challenge to a foreclosure that had already been finalized, and the judge agreed. Bailey appealed and the Supreme Judicial Court decided to take the case. As a result of its ruling, the case now goes back to housing court.
Filed under: bubble, CDO, CORRUPTION, currency, Eviction, foreclosure, GTC | Honor, Investor,Mortgage, securities fraud Tagged: | bankruptcy, borrower, countrywide, disclosure,foreclosure, foreclosure defense, foreclosure offense, foreclosures, fraud, LOAN MODIFICATION, modification, quiet title, rescission, RESPA, securitization, TILA audit, trustee,WEISBAND
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