Thursday, July 15, 2010

Granite State Couple Jams Attempted Foreclosure Sale Of Home; Obtain Last Minute Injunction After Raising Questions As To Ownership Of Promissory Note

In Sandwich, New Hampshire, WMUR-TV Channel 9 reports:
  • A couple in Sandwich who nearly lost their home to foreclosure is gaining traction in their fight against what they said is fraudulent action by the companies trying to take their home. In March, a last-minute court order forced a foreclosure auctioneer to drive away on auction day without selling the home of Porter and Angie Moore.

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  • The Moores said one problem with the foreclosure proceedings is that it's unclear who owns their bank note. The confusion has made it difficult to appeal, and they had almost given up before they met Mike Dillon [of GetDShirtz.com]. Dillon, of Manchester, said he's no expert in foreclosures, but he's an angry homeowner in the middle of a 10-year battle to keep a bank from foreclosing on his home. He heard the Moores' story and gave them some advice on how to fight back. "I was able to share some information with Porter as far as what was going on with his case, just based on his paperwork, on his assignment of mortgage filed at the Registry of Deeds," Dillon said.

  • The Moores said they started by following the instructions on the foreclosure letter that states, "If you believe this debt is unwarranted, then you must send a letter requesting verification of debt." "We got a reply a month or so later that we had been transferred to another mortgage company," Porter Moore said.

  • Their next stop was the Registry of Deeds, where they received piles of documents -- enough to convince a judge that the agency trying to foreclose may not have the authority to do so. "Go to the Registry of Deeds and start digging," Porter Moore said. "It's an enormous amount of work. It's a monumental task. Go to the Registry of Deeds and dig."

  • The Moores now have a permanent injunction on their mortgage, meaning no foreclosure action can happen until they get their day in court. They said it appears the judge is acknowledging that because the mortgage paperwork is separated from the loan itself, it's not clear who has the right to collect payment.

For the story, see Couple Fighting Foreclosure Gets Day In Court (Manchester Homeowner Helps Couple Navigate Paperwork).

For an earlier story, see Sandwich Family Struggles To Stay In Home (Injunction Delays Auction After Family Loses Control Of Loan).