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
Author: timothymccandless
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View all posts by timothymccandless
Works Rights Compliance Alliance 
So what are going to do next, because this ruling will open the door for anyone to forclose just by making up any documents.
What you think Tim about this ruling, provide the Note defense by the borrower will no longer be used ????
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
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?
Shouldnt all judges recuse themselves from these cases as their pensions are vested by these banks?