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Tue Jan 24, 2012, 01:14 PM

ALABAMA Appelate Court Deals Death Blow to Thousands of Foreclosures

a friend forwarded this to me ... good stuff ....

http://livinglies.wordpress.com/2012/01/24/alabama-appelate-court-deals-death-blow-to-thousands-of-foreclosures/

In the case now before us, GMAC Mortgage, like BAC in Sturdivant, had not been assigned the mortgage before it initiated foreclosure proceedings. Consequently, under our holding in Sturdivant, GMAC Mortgage lacked authority to foreclose the mortgage when it initiated the foreclosure proceedings, and, therefore, the foreclosure and the foreclosure deed upon which GMAC based it ejectment claim are invalid. Moreover, under our holding in Sturdivant, because GMAC Mortgage did not own any interest in the house, it lacked standing to bring its ejectment action against the Pattersons. Because GMAC Mortgage lacked standing to bring the ejectment action, the trial court never acquired subject-matter jurisdiction over the ejectment action. Accordingly, the judgment of the trial court is void and is hereby vacated. Moreover, because a void judgment will not support an appeal. we dismiss this appeal.

excellent stuff ...

7 replies, 1464 views

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Arrow 7 replies Author Time Post
Reply ALABAMA Appelate Court Deals Death Blow to Thousands of Foreclosures (Original post)
littlewolf Jan 2012 OP
FreakinDJ Jan 2012 #1
Fawke Em Jan 2012 #2
ms.smiler Jan 2012 #3
qb Jan 2012 #4
ms.smiler Jan 2012 #6
qb Jan 2012 #7
annabanana Jan 2012 #5

Response to littlewolf (Original post)

Tue Jan 24, 2012, 01:16 PM

1. GEE WIZZ - from a RED State no less

As if Obama letting Wall St. Banks "Off the Hook" with a fine equal to less then 1/5 of the Executive pay these Corporate Whores paid out last years is going to accomplish any thing less then "Sinking the ENTIRE Democratic Party" in the next several election cycles is ....

Pure 100% Apology Speculation

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Response to FreakinDJ (Reply #1)

Tue Jan 24, 2012, 01:17 PM

2. And a very poor one.

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Response to littlewolf (Original post)

Tue Jan 24, 2012, 01:55 PM

3. Itís strange but this is usually how foreclosures are handled.

First, the fraudulent foreclosure action is filed and then at some point afterward, the fraudulent Assignment of Mortgage is filed in our public land records. Those documents are often backdated. Those Assignments are the banksters attempt to recreate the mortgage loans in favor of themselves. There are usually numerous problems with those fraudulent documents.

Scammers are the laziest people in the world. They put no time or effort into this fraud. Spend some time reviewing your local land records and youíll see what I mean. Any court that takes an honest look at these foreclosures will realize that homes are being stolen from homeowners.

The securitized mortgage scam may have been extremely profitable for the banksters, but it has clouded the Titles of millions of properties.

I filed a Quiet Title action on my property to clear the Title and to hold the banksters accountable. Homeowners who refinanced also have Title problems because of MERS and mortgage securitization.

We donít have a foreclosure crisis in this country; we actually have a mortgage/Title crisis.

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Response to littlewolf (Original post)

Tue Jan 24, 2012, 02:21 PM

4. It couldn't have happened to a slimier company.

I tried to do a short sale with GMAC Mortgage and they blew me off, preferring to do a foreclosure and let the property sit for 2 years.

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Response to qb (Reply #4)

Tue Jan 24, 2012, 06:56 PM

6. qb, do you realize that you were most likely wrongfully foreclosed and that legally, you would still

own the home?

Were there MERS documents filed on that property and in your foreclosure suit? I'm very sorry you were foreclosed, but are you aware that damages for wrongful foreclosure are about 3 times and upwards of the value of the home?

I filed a Quiet Title action this past May and the trial is presently scheduled for this May. It feels remarkably satisfying to take on the banksters.

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Response to ms.smiler (Reply #6)

Tue Jan 24, 2012, 07:14 PM

7. Thanks. We signed papers transferring ownership 2 years ago & I don't think MERS was involved.

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Response to littlewolf (Original post)

Tue Jan 24, 2012, 04:48 PM

5. k&r. . .. .n/t

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