Welcome to The Home Equity Theft Reporter, a blog dedicated to informing the consumer public and the legal profession about Home Equity Theft issues. This blog will consist of information describing the various forms of Home Equity Theft and links to news reports & other informational sources from throughout the country about the victims of Home Equity Theft and what government authorities and others are doing about it.
Friday, July 26, 2013
Florida Homeowner Facing Foreclosure Scores Big Win; Appeals Court Throws Out Case On Technicality, Expiring Statute Of Limitations Prevents Bankster From Refiling
In Jupiter, Florida, WPEC-TV Channel 12 reports:
Too many people in our area know the pain of losing their home to foreclosure, but a Jupiter woman is sharing with CBS 12 her story of beating foreclosure.
Susan St. Claire faced losing her town home in The Estuary at Jupiter Dunes. She says several lawyers told her to start packing.
But St. Claire's new attorney, Mark Johnson, realized the bank suing St. Claire had filed a motion to substitute the suing party. The 4th District Court of Appeal had ruled the suing party had to really have the mortgage.
St. Claire's foreclosure was old enough, explained attorney Johnson, the statute of limitations had expired for filing a new foreclosure suit against St. Claire.
"As long as they're alive, they can stay in (the home)," said Johnson. "But they can't sell it... because there's a lien on it."
Not the ideal way to live, admits St. Claire, but at least she has a roof over her head in a desirable location.
"It's a miracle," exclaimed St. Claire. "I keep telling you, it's a miracle. I do believe, I do believe."
Johnson says St. Claire's case is not typical, though. And going forward, he says, even fewer people will be able to beat foreclosure like St. Claire because the banks have adapted to the new court rulings.
CBC News: Betrayal of Trust (A CBC investigation reveals how lawyers across Canada have misappropriated and mishandled clients money, to the tune of tens of millions of dollars, or sometimes even charging vulnerable people top dollar for shoddy services)
Land Contract/Contract For Deed/Rent-To-Own Rackets
The New York Times: The Housing Trap (In the wake of the housing crisis, low-income families have turned to seller financing to buy homes but these deals can be a money trap)
Beware The Fine Print: Consumers Forced To Sign Away Their Rights To Use Court System
The NY Times: Arbitration Everywhere, Stacking the Deck of Justice(Part 1 in series examining how clauses buried in tens of millions of contracts have deprived Americans of one of their most fundamental constitutional rights: their day in court)
Foreclosure Mills' Abysmal Record In Complying With New NYS Foreclosure Requirements
Justice Deceived: How Large Foreclosure Firms Subvert State Regulations Protecting Homeowners
MFY Legal Services Report On Questionable Practices By Process Servers In Debt Collection Cases
Justice Disserved: A Preliminary Analysis of the Exceptionally
Low Appearance Rate by Defendants in Lawsuits Filed in the Civil Court of the City of New York
Mortgage Mess Redux: Robo-Signers Return (A Reuters investigation finds that many banks are still employing the controversial foreclosure practices that sparked a major outcry last year)
CNN Video: As Foreclosures Mount, Florida Court Turns To 'Rocket Docket'
The Wall Street Journal: A Florida Court's 'Rocket Docket' Blasts Through Foreclosure Cases (2 Questions, 15 Seconds, 45 Days to Get Out; 'What's to Talk About?' Says a Judge)
"Produce The Note" Strategy When Dealing With Missing Promissory Notes In Foreclosure Actions
ABC Video: Fighting Against Foreclosure (Some homeowners have found a new tactic to keep the banks at bay)
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