Global Literary Marketplace Foreclosure Fraud Defense by Grace Adams

4. October 2011

MASS JOINDER Complaint for Wrongful Foreclosure, Fraud, Negligence, Quiet Title, and Unfair Business Practices Against Banks

Join me and other homeowners filing a mass joinder lawsuit against Banks, in the Federal District Court.  If you are a victim of mortgage fraud and you have been injured by a bank, given the run-around, and/or denied your rights to apply for a HAMP Loan modification, have beeen illegally foreclosed upon, or are in the process of being foreclosed upon by a bank that has no standing?  Send me a brief statement of your complaint, plus your name, and your mortgage lenders name to Grace Adams graccointern@msn.com.  

There are no attorney fees involved to join the lawsuit.  I am not an attorney.  But, I can help you prepare your Complaint to stop a lender from illegally foreclosing on you…  And, should you decide you need to file bankruptcy to stop other creditors from harassing you, I can prepare your bankruptcy documents. Call Grace at (248) 651-6775.      

Mass Joinder Defined 

 Joinder in civil law falls under two categories: joinder of claims, and joinder of parties. Joinder of claims is addressed in U.S. law by the Federal Rules of Civil Procedure No. 18

(a). That Rule allows claimants to consolidate all claims that they have against an
individual who is already a party to the case.

Claimants may bring new claims even if these new claims are not related to the claims already stated. Note that joinder of claims is never compulsory (i.e., joinder is always permissive), and that joinder of claims requires that the court’s subject matter jurisdiction requirements regarding the new claims be met for each new claim.

So what does this all mean to you and me?  Simply put there are two key tenets to a Mass Joinder Lawsuit.

  1. Individual settlements. Unlike a Class Action suit where the plaintiffs all share one judgment after the attorneys take their fee.  In a Mass Joinder since each plaintiffs’ individual loan is unique, and therefore the bank may have violated different laws during it’s handling of said loans, each home owner may have unique demands and gain the benefit of having everyone’s complaints being added as weight to their individual case. Examples of those demands are:  (Principle Reduction, Full Lien Strip, and Monetary Compensation)
  2. From the standpoint of protecting yourself from foreclosure, this action can assist in preventing a foreclosure from going into a sale of the property. The legal term is know as a “compulsory counterclaim” which simply means that if one party sues another (i.e. a bank sue a borrower to recover the property in the mortgage, and then the borrower sue the bank, i.e., Mass Joinder Lawsuit, neither party can execute a legal action against the other until the case is either settled or won by either party.

——————

Thousands of Americans are challenging validity of their mortgage note as well as the security behind that note!

Rational:  There are over 9 allegations (violations of law and statues) that have been established.  Below are the top three.

MERS: To Foreclose on real property, banks must be able to establish the chain of title entitling it to relief.  But MERS is a mere “nominee”- an entity appointed by the true owner simply for the purpose of holding property in order to facilitate transactions, recent court rulings stress that this defect is not just procedural but a substantive failure, on this is fatal to the banks legal ability to foreclose.

Proof of Funds (Patriot Act Violation): The banks have to show proof of the actual funding on EACH specific note transaction.  Banks have attempted to provide evidence of a securitization pool as proof of funds but the courts have ruled this as inadequate evidence.  There are two major challenges for the banks.

  1) The sheer impossibility of banks being able to unwind mortgage pools down to individual investors tied to individual property. 

  2)  Banks unwillingness to disclose the participating entities within the investment pools.

Proof of Note Security: When the banks securitized, packaged, sold, and resold mortgages, they created a web system where it is often impossible to determine who actually owns the mortgage notes and therefore who has the authority to foreclose.  For instance: There have been instances where two banks were trying to foreclose on the same home, and at least one case of a bank trying to foreclose on a house where the homeowner never even took out a mortgage with anyone in the first place!

Possible outcomes: A reduction in principle balance to at LEAST 80% or less of the homes current market value.  Full Lien strip, cash settlement, Amnesty.

Who the current plaintiffs are:  Current home owners who have never missed a payment.  People who were foreclosed upon.  Current home owners who are facing illegal foreclosure.


Sample Complaints

 http://www.msfraud.org/law/lounge/Standing.html 

http://4closurefraud.org/2011/05/11/mers-complaint-marlya-depauw-and-sharon-terrance-lafrance-v-mortgage-electronic-registration-systems-inc/

http://www.chuibar.com/fr/wrongful%20foreclosure%20complaint%20michigan.html   

http://www.startribune.com/business/52478547.html?page=1&c=y

 Filing A Wrongful Foreclosure In Michigan

Wrongful foreclosure is where a bank or mortgage loan servicing agent forecloses on a property without a legal right to do so. In this situation, banks often wrongfully seize the home and possessions which basically amounts to an illegal home invasion. In Michigan, when a wrongful foreclosure occurs, the wronged homeowner has the recourse to challenge the foreclosure in court and request economic damages.

Types of Wrongful Foreclosure

Wrongful foreclosures can occur under the following situations:

  • When the homeowner has no loan with the foreclosing bank;
  • When there has been a violation of the Truth and Lending Act
  • When a lender has used predatory or unconscionable lending practices
  • When the homeowner is up to date on all mortgage payments
  • When the foreclosing occurs without statutory due course
  • When there has been a servicing error
  • When the bank forecloses on a house sold in a short sale
  • When the bank does not offer or approve a statutorily required loan modification
  • When the homeowner is up to date on payments under a valid loan modification agreement

Michigan Foreclosure Legalities

Michigan allows both judicial and non-judicial foreclosures. A non-judicial foreclosure usually takes the form of foreclosure by advertisement. A recent law (Section 3204) now requires lenders to foreclose by advertisement with more restrictions. A lender can no longer foreclose if:

(a) Notice has not been mailed to the mortgagor.

(b) After a notice is mailed to the mortgagor, the time for a housing counselor to notify the designated contact person of a request by the mortgagor has not expired.

(c) Within 14 days after a notice is mailed to the mortgagor, the mortgagor has requested a meeting with the designated contact person and 90 days have not passed after the notice was mailed.

(e) The mortgagor and mortgagee have agreed to modify the mortgage loan and the mortgagor is not in default under the modified agreement.

If these statutory requirements are not met, a foreclosure cannot go forward. If a lender still forecloses in violation of these requirements, the foreclosure is not within statutory due course and the homeowner may contest the foreclosure.

Remedies and Damages in Wrongful Foreclosure Actions

The remedies available to a homeowner who successfully challenges a foreclosure vary depending on details of the wrongful foreclosure lawsuit and the laws of the state in which the lawsuit was filed.

  • Truth-in-Lending Act Violation. TILA requires banks and lenders to conspicuously and clearly disclose the actual costs of mortgage loans. A violation under the act provides remedies of rescission of the contract; actual and statutory damages as well as attorney’s fees and court costs.
  • Breach of contract. In this case, the homeowner must prove actual breach in a contract or a forbearance/loan modification agreement. A successful plaintiff may recover monetary damages.
  • Servicing errors. Where errors have been made to a homeowner’s account by the lender or loan servicing company, the homeowner may sue based on wrongful foreclosure and the lender must recalculate the reinstatement amount.
  • Unconscionability. Where the loan is one that is so unfair on it face that it “shocks the conscience” the loan may be cancelled entirely.

Top Foreclosure Legal Assistance websites 

http://timothymccandless.wordpress.com/#comment-334

4ClosureFraud Web: http://4closurefraud.org

 

 FORECLOSURE ASSISTANCE
ORGANIZATIONS

In The News….

Intentional Fraud By Design‏

Trouble for MERS Keeps Mountinghttp://usawatchdog.com/trouble-for-mers-keeps-mounting/
http://www.ritholtz.com/blog/2011/09/counties-suing-banks-over-mers/http://www.ritholtz.com/blog/2011/03/county-state-litigation-vs-mers/
http://blogs.dallasobserver.com/unfairpark/2011/09/craig_watkins_makes_good_on_th.php
Borrows Strike Back: Bank of America Settlement Faces Growing Challenges A lawsuit claims that a $8.5 billion deal with Bank of America would actually speed up foreclosures

http://dealbook.nytimes.com/2011/08/30/homeowners-seek-to-block-bank-of-america-settlement/ 

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