Did you catch attorneys Matt Weidner (FL) and Michael Pines (CA) on Dylan Ratigan yesterday? Good stuff.
Matt often has a refreshing counter-part to the bank spin that tries to claim that all homeowners are “deadbeats” and should pay any thief in the street (claiming to be a bank “servicer” for somebody) thousands upon thousands in blind reliance on the assertions of these oh so trustworthy servicers that “we are who you pay, we’ll pass it on to someone, just trust us”). This occurs despite numerous ignored requests that the servicer simply provide documentation that it is authorized to collect for the current owner (the true creditor) and the identity of that owner. Thus, in servicer parlance, these deadbeats who will not pay a thief deserve any frauds that the servicer (or the mill that it employs to do the thug work) shovels their way.
Here’s what Matt has to say today, full article on his site:
Look back at how long I’ve been screaming about “Capacity”. CAPACITY, CAPACITY, CAPACITY. No one has any idea who many of the entities are that brought suits to foreclose over the last several years, especially when they were plaintiffs of the alphabet soup variation, “the XSIS 2206- Alt Trust”. What is that? Where is that? Who is that? Those are all questions judges should have been asking for years…especially before they granted that alphabet soup zombie trust the right to throw their neighbor out into the street. Instead, the oft repeated judicial phrase was, “You haven’t paid your mortgage so I’m granting Summary Judgment.” Far worse in my mind than a homeowner not paying a $1,000/month mortgage is a judge granting a $200,000 judgment to a zombie alphabet soup plaintiff. Who owns those homes that you granted foreclosure to now your honor? Who was that judgment assigned to after the fact? Who or what took title to that property? Why did no one care to think about all of this?
We screamed CAPACITY! We screamed STANDING! We screamed FRAUD!
Like Alice in Wonderland or the Twilight Zone, some judges claimed they couldn’t see anything. Now it turns out that in many cases not only did they not have CAPACITY, not only did they not have STANDING, not only were the committing FRAUD. They also had NOTHING, NADA, ZILCH.
The minions of this profound evil will turn this around on the judges that I hold such profound respect for. They will shrug their shoulders and say, “We were just the proponents of our client’s case, it was the judge’s job to review the files and make sure we were not committing fraud.” What about that retired couple that got thrown out into the street two years ago but their home still stands vacant? What about that latino couple with a poor grasp of the language and our legal system, the husband defeated and destroyed because he could not keep the home he had bought for his family? The single mom that did her best but just couldn’t keep her head above water?
. . .
We must all start with the perspective that our economy, our neighborhoods, our homeowner’s and condo associations are far better off with homeowners in those homes. We must understand there is a powerful American ethic that homeowners want to pay a mortgage, they want to be bought into the system. I’ve done hundreds of homeowner refinances and purchases. When a homeowner signs those documents, there is fear, but there is pride. Pride that I have a mortgage. A sense of purpose that now I’m going to work and pay this mortgage for this home I own. That was all tossed out the window in this brief flicker of time that was the securitization frenzy.