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Foreclosure to Home Free, as 5-Year Clock Expires

29 点作者 jaynos大约 10 年前

6 条评论

MrZongle2大约 10 年前
Not too long ago, the fact that I&#x27;ve paid my mortgage every month for over a decade (even during times of unemployment) would have been considered a sign of responsibility and financial security.<p>But reading this, I can&#x27;t help but think that doing so simply makes me look like a chump.
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carsongross大约 10 年前
Just another hammer-blow to the underlying element that makes any society work: trust. Given that we nuked contract law when GM bond holders got shafted in &#x27;08, any reaction is simply the twitching of a dead corpse.<p>With high trust social environments, almost any government and financial system can work. In low trust social environments, none do.
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bruceb大约 10 年前
&quot;Instead of making her roughly $1,300 monthly mortgage payment, she pays her lawyer $500 a month to represent her in court.&quot;<p>I see the winner in this situation.
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zaroth大约 10 年前
Very hard to feel bad for the banks in this, since it&#x27;s only the epic scale of foreclosures that allowed anything like this to happen, and the scale of foreclosures is a direct result of non-existent underwriting.<p>However, the problem is, it&#x27;s not the banks footing the bill, it&#x27;s the taxpayers. As usual, the less you pay, the more you get, and now apparently that includes the wholesale American Dream of home ownership.<p>What I don&#x27;t understand from a legal perspective, is how statue of limitation can possibly apply. The time limit would have to be filing of the case, not conclusion right? I know there were issues with robo-signing and all that, but did the loan servicers really drop the ball so badly? (Edit: The answer is in the actual case PDF I found and linked to below -- the original foreclosure was dimissed without prejudice because the bank couldn&#x27;t produce the necessary documents, namely an original copy of the mortgage.)<p>Mortgage servicing is outsourced by the government in fairly lucrative contracts. The bank you get the loan from is almost never (credit unions are the obvious exception) the company that collects your payments each month. I would have guessed it&#x27;s up to the loan servicer to handle the foreclosure... the article simply doesn&#x27;t have enough details behind the catchy headline.<p>Also so good to know they won&#x27;t even have to pay tax on the income... &lt;&#x2F;s&gt; <a href="http:&#x2F;&#x2F;www.irs.gov&#x2F;Individuals&#x2F;The-Mortgage-Forgiveness-Debt-Relief-Act-and-Debt-Cancellation-" rel="nofollow">http:&#x2F;&#x2F;www.irs.gov&#x2F;Individuals&#x2F;The-Mortgage-Forgiveness-Debt...</a><p>And here&#x27;s the actual case... so much for &quot;NOT FOR PUBLICATION&quot;: <a href="http:&#x2F;&#x2F;noonanandlieberman.com&#x2F;media&#x2F;pdfs&#x2F;washington-11-6-2104.pdf" rel="nofollow">http:&#x2F;&#x2F;noonanandlieberman.com&#x2F;media&#x2F;pdfs&#x2F;washington-11-6-210...</a><p>Secion I. Introduction:<p><pre><code> “No one gets a free house.” This Court and others have uttered that admonition since the early days of the mortgage crisis, where homeowners have sought relief under a myriad of state and federal consumer protection statutes and the Bankruptcy Code. Yet, with a proper measure of disquiet and chagrin, the Court now must retreat from this position, as Gordon A. Washington (“the Debtor”) has presented a convincing argument for entitlement to such relief. So, with figurative hand holding the nose, the Court, for the reasons set forth below, will grant Debtor’s motion for summary judgment. </code></pre> Edit 2: The lawyers for the bank seem like complete neanderthals?! The statue of limitations is 6 years from the date of maturity, which was accelerated, so debtor claims it&#x27;s been 6 years since the accelerated date. But the statue specifically says the bank can <i>extend</i> the date of maturity by written instrument. So... write a note de-accelerating the acceleration by 1 year, and re-file the foreclosure.<p>It&#x27;s also not even clear the statue in question was effective in this case. The judge assumes that based on a prior statue which did say it was to be effective for all foreclosures filed after that date, but the law in question says no such thing.<p>And a final closing remark, as I just got to the last sentence in the PDF:<p><pre><code> &quot;The Court will proceed to gargle in an effort to remove the lingering bad taste.&quot;</code></pre>
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happytrails大约 10 年前
I&#x27;m sure this an an exception to the rule. The housing market in Southern California is crazy overpriced based upon current wages.
bradleyjg大约 10 年前
Homeowners, the most blessèd of all debtors. It&#x27;s not enough that the government massively subsidies the interest rate and allows interest to be deductible. No, the government also has to sponsor all sorts of modification programs to shield borrowers from the horror of thier supposed-to-be one way bet going wrong. Heaven forbid someone pay a mortgage on a house that&#x27;s underwater, why that&#x27;d be like expecting a college dropout to pay back his student loans!
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