Sarasota real estate foreclosures just got a little tougher, suggests recent Sarasota Herald-Tribune article.
Sarasota homes for sale need a tournaquet to stop the "price" bleeding!
Apparently, Sarasota County judges presiding over foreclosures have noticed a shocking reality among lawyers working for banks.
Lying (is) part of some foreclosure efforts!
What?
Could it really be true that (some) lawyers representing banks are lying to judges in order to expedite foreclosures? As you can imagine, this headline jumped off the page at me.
Wait, should this surprise me (or you)? Did you hear about the New York judge that threw out a foreclosure against Long Island homeowners, citing egregious behavior by the BANK. Big surprise!
For more than 3 years now, I’ve been trying to help homeowners avoid foreclosure. It’s common to see the Complaint include a Count stating the original paperwork cannot be found…that it’s lost or stolen.
Click Read More now to discover how Sarasota is holding “banks” responsible for clean files.
SARASOTA JUDGES RAISE BROW TOWARD BANKS’ FORECLOSURE ATTORNEYS
Lost, stolen or misplaced paperwork alone has given rise to foreclosure defense motions demanding mortgage debt owners produce original paperwork. Many homeowners in trouble have been able to remain in their homes for months (many months) just by responding to the Complaint and paying attention to the paperwork.
Now, distressed homeowners hear judges cite (some) attorneys for sloppy filings.
Herald-Tribune cited Circuit Judge Donna Berlin who was ready to sign off on a Motion to return a property back to the debt owner. Berlin states the foreclosure attorney confirmed “…everything was in order” (referring to all paperwork).
Berlin apparently glanced at the file, seeing the two properties were in Miami — a few hundred miles out of her jurisdiction.
Berlin states she didn’t have time to go through and read the filing…that’s not something she typically does. Okay, if that’s NOT something a judge does then who confirms accuracy?
Who is SUPPOSED to confirm accuracy?
The HOMEOWNER quickly comes to mind.
Yes, I realize homeowners are freaked out. Many have emotionally checked out or seriously are overwhelmed.
On the other hand, critics say it doesn’t matter if all paperwork is not in order or if attorneys “lie” to expedite foreclosures. In critics’ minds, it’s as simple as this: Is the homeowner paying his mortgage?
If he isn’t, he has no right to the property, so critics think and say.
How unequivocally STUPID! Alleged debt owners have an obligation to prove they own the debt. Banks engaged in bacchanal bashes during the boom years and now have no clue who owns what.
A Sarasota attorney, Richard Kessler, recently proved just how bad error-filled foreclosure paperwork really is.
Kessler and a few friends reviewed 180 foreclosure cases filed in Sarasota County. Of those 180 foreclosures, Kessler was SHOCKED to discover THREE out of FOUR filings proceeded without proper or complete documentation.
Only 1 of 12 foreclosure filings had the documents to prove the company foreclosing on the property was also the company holding the mortgage note!
WOW!
Unfortunately, Sarasota County cannot afford to help homeowners in trouble. Kessler claims he went to Sarasota County’s Judge Haworth, offering to review foreclosure cases. Haworth declined, citing budget restraints.
Instead, Haworth has recruited volunteer law students to review all the foreclosure cases. He also changed court rules to force out-of-town lawyers working for banks to meet with homeowners in trouble, encouraging lawyers to try to settle the case.
This is where the proverbial sh*t has hit the fan. It appears lenders widely ignored the Court’s order requiring lawyers to meet with homeowners to try to settle. Further, some lawyers filed paperwork claiming the homeowners declined to meet,
Ronald and Sandra Smith (according to the Herald-Tribune) had requested mediation with their mortgage debt owner HSBC. They sent financial documentation prior to the meeting.
Apparently, the attorney for the debt owner filed foreclosure papers saying the Smiths had no interest in an alternative to foreclosure.
Did the attorney for the debt owner (HSBC) lie to the Court? Was it a legitimate mistake?
Either way, if you or someone you know is facing foreclosure, facing foreclosure is a must. If you cannot afford an attorney, go to Legal Aid. That’s what the Smiths did.
Talk to an attorney who’[s familiar with foreclosure defense. If you are in the Sarasota, Tampa or Orlando areas, please call me for the name of an attorney who defends property owners against foreclosure.
Don’t expect banks or lawyers working for the banks to serve your interests. These attorneys could care less about the pain you’re experiencing.
Sarasota and Florida foreclosures will increase as job losses continue. Shadow inventory, deteriorating properties rotting away in many Sarasota neighborhoods & short sale nightmares keep realtors and judges scratching their heads. Scroll down to leave a comment if you have a suggestion, concern or comment about Sarasota’s Courts’ crackdown on foreclosure attorneys.
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Mr. Payne,
I am a single mom and am so in need of direction. I was behind in my mortgage – just around the 90 day point. I have been behind some time, but not hitting the 90 period. I called my lender on Feb. 22 and gave them a check over the phone. I said that it was a different bank account, that of my ex husband. They took the bank info correctly, but did authorized the check against my name, instead of my ex. I immediately notified them of their error, however, they kept saying everything was fine. I demanded them to realize it was not fine because we could see that the money was taken out of our bank and then redposited due to this error. The 2nd time they deposited to an old bank account, I received an NSF – they said that I told them to put his check through this account. Totally a lie – I have proof in email and phone calls. To make a long story short, I only would deal with the manager and two fridays ago, he put the check through. Last night I received a letter. They said the check bounced (due to their processing error.) They want $6500 and won’t even accept a check now. I just started back to work. I want my house. I have never lied to these people. I was out of work for quite a while and things were tough. What really shocked me is that I am the one to be upset and they screwed up my payments, now I am in forclosure and basically, I was just told by the HAMP person…that he hears it all the time how clients give bad bank info just to get away with not paying or to delay. I was very insulted as I have never done that and have never been treated by a bank that way. He also threatened me by saying that I have made him mad and the underwriter really mad because we went to management over this and HE will decide the fate of my loan. Basically, he will not approve me. He told me not to call him back!!!!! I have a ton of emails proving that they made errors with my checks and it clearly documents that I did all in my power to get these people to process my check accurately and quickly. Obviously, I cannot really afford a lawyer, but do you know what other options I have. They are messing with my account, making judgements that are false that I did this on purpose and I am in disbelief. I haven’t slept in nights. The manager of the bank knows me and I have never given him a bad check. The proof shows where the money was always in the account, that they used the wrong account and tons of emails from me telling them they kept messing up. Can you please give me info as to where I can go for help. If you heard how the loan mod guy spoke to me, you would not even believe it. It was as if he was speaking to an ex girlfriend with hatred in his voice. I work for a large accounting firm – I can’t believe he gets away with this.
Lana, I’m sorry to hear about your horrible experience with a bank. I wish I could say your experience is unusual and easily resolved. Unfortunately, I hear this kind of horror (in what seems daily) from people treated similarly.
Well, if this JERK is mad now, just wait. I don’t care how stressed out this guy is; he has NO right to treat you that way. First, you need to get this unauthorized bank debit fixed. I recommend the following:
1. You must contact the bank’s EXECUTIVE office immediately – in writing. Call the bank’s Public Relations’ office, ask them for the names of and contact information for the bank’s executives. You also should be able to get this information with a Google search. Write to as many of their execs as you can – get their emails if you can figure out what nomenclature the bank uses. By that, I mean, “How has the bank set up its email, i.e. first name.last name(at)bankname(dot)com.
2. If you are in Florida, please contact me. I know of good attorneys who offer a free 30-60 minute consultation. If you can’t afford a lawyer’s help, Legal Aid will help you. I wish all it would take is a phone call or a letter to fix this. Truth is, that probably won’t help. It’s sad but true that any letters sent by attorneys get noticed faster (and more effectively) than any letter you or I could send. If you are outside of Florida, I’m afraid you really MUST get an attorney involved.
3. Obviously, you need help with saving your home through loan mod. Let me know which bank and hopefully I can direct you to someone (at the bank) who WILL help you. I know this will sound hard to believe but I have met and worked with people at various banks who REALLY care about people and who really want to help. They can’t promise they can help, but they will NOT be rude. That kind of behavior cannot go unpunished, regardless of how stressed out a person is.
Please call or email me at mike(at)sarasotahomesforsalenow(dot)com. I’ll help you if I can.
Mike
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