Homeowner’s challenge of foreclosure fails |

From: Charles Cox [mailto:charles@bayliving.com]
Sent: Friday, December 16, 2011 9:41 AM
To: Charles Cox
Subject: Homeowner’s challenge of foreclosure fails |

Homeowner’s challenge of foreclosure fails

· Winston & Strawn LLP

· USA

·

· December 5 2011

On December 1st, the Eighth Circuit addressed a "show-me-the-note" challenge to a home foreclosure. Plaintiff challenged the validity of the foreclosure of his home because Chase initiated foreclosure based on the assignment of the mortgage. Affirming the entry of summary judgment dismissing the claim, the Court held that Minnesota law does not require Chase to possess the promissory note at the time it commences foreclosure by advertisement, and even if Minnesota law imposed such a requirement, the undisputed facts establish Chase possessed the note. (Ruling Attached)

Stein.120111.pdf

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Author: timothymccandless

I have spent most of my professional life helping people who were being taken advantage of by systems they did not fully understand. As an attorney, I represented consumers against predatory lending practices and worked in elder law protecting seniors from fraud. My family lost $239,145 to identity theft, which became the foundation for my seniorgard.onlime and deepened my commitment to financial education. Since 2008, I have maintained a blog at timothymccandless.wordpress.com providing free financial education. Not behind a paywall. Free, because financial literacy should not cost money. I trade with real money using the exact strategy described in this book. My current positions: Pfizer at $16,480 deployed generating $77,900 per year net. Verizon at $29,260 deployed generating $51,000 per year net. Combined: 293% annualized pace. These are my only active positions. Not cherry-picked.

5 thoughts on “Homeowner’s challenge of foreclosure fails |”

  1. So what are going to do next, because this ruling will open the door for anyone to forclose just by making up any documents.

    Reply

  3. 3:55 PM

    Dec 17, 2011

    Dear Peter

    Just when you produced a winning Minnesota case. It looks like your regular source for anti MERS comes up with the Minnesota Pro MERS law.
    Questions.. If the Minnesota pro Mers law is so solid on this topic, how did the Anti MERS
    case which you came up with a couple of days ago win.
    He must have covered the MERS LAW in his brief. One way would be to serve the Attorney General after pleading the law was unconstitutional. If this was done, then the recent case should not have come out the way it did. It is a question which prudent students of this matter are concerned with. Are you beginning to see the need to search out this information? In Minnesota cases?

    Comment No 2.
    Yesterday I did a study of MLE Minnesota Continuing Legal Education Seminars. In a attempt to find anything on how to defeat a(ny) mortgage foreclosure. Very interesting. Place is located on first flor of the Courts International Building x of 280 &94. NW corner. The way it works is about like this. Lawyers and others put together one day seminars suggested by anyone. Then lawyers conform with the stae law and take 45 hours of CLE each three years. Cost about $240 per day.

    The staff of the basic courses are regulars. They stick at it for years. There is one course called Lien foreclosures. This course covers all sos offc including mortgage fc. Each so often it is updated. There are not numerous such courses. Only the one. Point is. In the book which is sold as part of the course and then given to all of the law libraries. There is not a single word about how to defend a foreclosure. There are general references to the fact this may occur and suggestions of what may go wrong. But the entire matter is as if the banks sent ome lawyers to see to it that all lawyers who study the topic learn how to fc. Learning as little as possible about how to defend fc.

    Had a nice chat with Holly, the nice lady who sort of runs at least the PR. She appeared to be 100%^ ignorant on any/all aspects of MERS. I asked if they were still giving the one called: Lying Cheating and Stealing. Answer Yes. I suggested a new one titled: Nominations are now open. Local Chapter. Bernard Madoff Society.

    I am now going to forward the second case to you. Without comment.

    All of which is to again urge you to get real about proviiing real assistance to the formulation of the Minnesota Anti MERS Sample case book.

    Very truly

    /s/ David Felland
    David Felland

    Fellandde@hotmail.com

    Reply

  4. More evidence that the homeowner is like a sheep in a pen. The lawyers are waiting at the gate to corral their victims into the slaughterhouse.

    Maybe if we step back, those of us who are anti-foreclosure are like PETA. No respect and very little support….

    Because it sure is hard to find professionals to work on cases defending against foreclosure. We are going to look back at this time when banks, countries and business were getting bailed out, but there is little or no help for the common homeowner in USA.

    There is new money for farmers for “emergency aid” to help with paying bills due to crop failures! What about help to homeowners due to the economy failure?

    Reply

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