livinglies.wordpress.com | November 3, 2016
By Neil Garfield
The plain fact is that if homes were fraudulently foreclosed based upon void fabricated instruments, the foreclosure itself is void. That is what is true under current law. But states like Massachusetts have passed legislation that most homeowners neither know about nor understand. Their rights to possession and title to property that is still legally owned by them (if current law was applied) are again being foreclosed legislatively. This completes the bank scheme in which the TBTF banks received a windfall "profit" in the trillions that really was a double blind fraudulent scheme. Both investors and homeowners alike are the victims while the TBTF banks are the victors.
THIS ARTICLE IS NOT A LEGAL OPINION UPON WHICH YOU CAN RELY IN ANY INDIVIDUAL CASE. HIRE A LAWYER.
By Allan Denchfield
MGL Chapter 141 of the Acts of 2015 (formerly Senate Bill 2015), December 31, 2016 is the deadline by which some 74,000 Massachusetts homeowners - who were illegally foreclosed upon - can lose (or must act to preserve or safeguard) their rights to litigate their illegal or wrongful foreclosures.
The act of legislatively re-foreclosure is a legislative admission that title is not right in their state. In order to even offer such a bill, the legislature would need a finding of fact that there was some problem with title in their state. That finding means that property owners were not treated fairly or legally. This "remedial" measure benefits only the banks and not the investors or the homeowners both of whom were defrauded. It institutionalizes the practice of allowing intermediaries to steal the identity of both the investors and the homeowners.
Similar provisions exist in other states where title is literally foreclosed as an issue regardless of the illegality or criminality involved in their bogus wrongful foreclosures. Florida for example gives a homeowner one year to contest title based upon a fraudulent foreclosure. After that the homeowner can sue for damages in courts that still view the homeowner as deadbeats trying to gain a windfall --- when in fact they are only trying to stop the banks and servicers from achieving a windfall based upon totally false claims of authority and ownership --- to the detriment of not only the homeowners, but also the unwitting "investors" whose money was diverted from the trust they thought was their investment.
This is what I predicted back in 2007. Using the Murphy act in Florida from around 80 years ago, and extrapolating the presumptions behind the act, it is obvious that some sort of rest is necessary in order for anyone to have clear title. For me, the reset ought to be handing back the property that was stolen --- which would produce a boom in the economy. But the banks "own the place" as famously stated by Senator Dick Durbin.
There IS a certain logic to it --- but giving the banks a legislative pardon for their illegal acts that are known in detail is bad precedent. The logic is that many former homeowners supposedly don't care. That is a presumed fact not in evidence --- if the so called "prior" homeowners (who in fact still legally own the property) actually knew that they still had title and were not relying upon a judgment that void for lack of jurisdiction under circumstances where the statute of limitations does not apply, I am pretty sure they would step up to claim their property in many instances.
The other part of the "logic" is that so many transactions have occurred AFTER the fraudulent foreclosures that millions more people would be displaced, lose money and other wise be upset if the real property owner was really allowed to take possession of the property. This is partially true and partially untrue. The legislative remedy should be that the benefit of the subsequent transactions shoudl be shared with the original property owner. THAT would balance things out --- and share the risks across the board as I stated many times in 2007-2008.
These statutes are remedial only for the banks who are the perpetrators. They are not remedial at all as to the current and future victims of bank fraud from the top down.
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