Mortgage Foreclosures, Missing Promissory Notes, And The Uniform Commercial Code
A situation in which a homeowner is unable to make full principal and interest payments on his/her mortgage , which allows the lender to seize the property, evict the homeowner and sell the home, as stipulated in the mortgage contract. Fraudsters are using a documents-checking process known as a mortgage securitization audit as a means of scamming foreclosure-threatened homeowners… Even when the process is legitimately carried out, the Federal Trade Commission suggests it’s worthless.
In order to prevail on appeal, MERS must demonstrate that the trial court abused its discretion when it found, based on the testimony, evidence, and pleadings before the court at the time when it considered the motion to set aside default judgment, that MERS lacked a meritorious defense to the foreclosure proceeding or had an interest that could be impaired.
Answer to foreclosure due from homeowner within 21 days; hearing on the receiver within 25 days; motion for summary judgment within 20-30 days; hearing on the motion for summary judgment within 30-60 days; ruling on the motion for summary judgment within 60-90 days; trial on the merits; execution for sheriff’s sale within 30 days after trial; sheriff’s sale 6 weeks after execution; redemption period of 1 year (generally), unless deficiency is waived (then 90 days); receipt of sheriff’s deed.
D. The mortgagor and mortgagee shall file a jointly executed document with the county recorder in the county where the real property is located stating that the mortgagor and mortgagee have elected to follow the alternative voluntary foreclosure procedures pursuant to this section.
In this case defended by StafneTrumbull law firm in Washington State, the homeowner won his ability to sue BoA for damages for a wrongful freclosure which is another major victory against the unethical and illegal foreclosures industry that has left millions of Americans homeless.