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.
Tuesday, November 10, 2015
Nearly 400 Homeowners In One Neighborhood Face Foreclosure Over One Old Lien Allegedly Totalling Over $60 Million Covering Entire Subdivision; Seek Help From Their Title Insurers
In Georgetown, Texas, KVUE-TV reports:
Hundreds of homeowners in the Crystal Knoll Terrace area of Georgetown are worried they could be forced out of their homes. JB Mortgage Company is suing the homeowners, claiming they don't own the land because there's still a lien to be paid.
"It's not a pleasant situation to have your granddaughter come up and ask you, 'Papa are we going to have to move?'" said Mike Grant, who has lived there for 10 years.
Valerie Jamie has lived here for about 14 years, and said she's already starting to pack just in case. "We're not very happy, my kids are very upset, worried that we're going to lose the home they grew up in, I told them no no don't worry about it, we'll figure it out," said Jamie.
Over the past two weeks Grant, Jaime, and nearly 400 of their neighbors have been served with lawsuit papers. Marc Pollack, a lawyer representing JB Mortgage, said they've filed a declaratory action, meaning they want the judge to decide if there is still a lien on the property.
According to the lawsuit, Georgetown ISD filed a foreclosure suit on the property, but since the government-owned asset management company Resolution Trust Corporation (RTC) didn't officially approve, JB Mortgage claims the transaction was null and void.
In the lawsuit, JB Mortgage claims the homeowners owe the initial loan of $5.2 million dollars, plus the 10 percent compounding interest, making the total more than $60 million dollars.
"We've all done what was required of us, we've been through the title companies, we've been through the mortgage companies, we've paid our payments on time, we've paid our title insurance, and here we are in doubt every day," said Grant.
"We've owned the houses, we've been the ones paying the taxes for 20 years, so if it was initially a tax lien, you haven't paid the taxes for 20 years, we have," said Jamie.
Now the homeowners are contacting their title companies, and hope the insurance will pay the debt.
The lawsuit states title insurance companies issued statements during that time, and that if a foreclosure took place on a property in which the FDIC or RTC had interest, then consent must be in the file for the policy to be issued without exceptions.
While many of the homeowners have title insurance, there are some people who own their home free and clear. The lawyer for JB Mortgage said in those cases they will try to work with those homeowners individually to get it resolved.
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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