BNET had been running under beta status since 2005.
Former CNET properties are now part of CBS Interactive.
But the borrower clearly does have standing to raise the issue if the borrower is claiming return of all money paid and claiming that the foreclosure action is part of a fraudulent scheme to the detriment of the real creditor and the detriment of the borrower, both of whom under Federal Law are required to pursue options for modification or settlement.
And the legal presumptions only apply to paper that is truly negotiable and where there is no evidence of trustworthiness or lack of credibility.
The testimony about standard mortgage industry practice only arguably established that such records are generated and kept in the ordinary course of mortgage loan servicing.” “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. § 2A:50-56.1(a) and (c), the Defendants are time-barred under New Jersey state law from enforcing either the note or the accelerated mortgage. § 502(b)(1) as unenforceable against the Debtor or against Debtor’s property under applicable state law. §§ 506(a)(1) and (d).In light of Defendants’ acceleration of the maturity date of the underlying debt as of June 1, 2007, and because neither Debtor nor Defendants took any action under either the mortgage instruments, or the Fair Foreclosure Act, to de-accelerate the maturity date, Defendants’ right to file a foreclosure complaint expired 6 years after the June 1, 2007 acceleration date under N.
Both the attempt at creating legal presumptions regarding the note and mortgage and the attempt to use the business records of an “enforcer” posing as a “servicer” should be rejected. Given that Defendants’ putative secured claim is unenforceable under 11 U.
The recent transfers from Chase and other entities to SPS are not really transfers of servicing rights.
The “loan” is clearly already declared to be in default — making the claim of negotiable paper (and the presumptions) moot.
The issue is proof and mores specifically the willingness of the court to let you prove your case.
This comes down to pleading, discovery, motions to compel that spell out your narrative for the case and investigation through forensic auditors and private investigators.Unfunded REMIC Trusts represent a potential attack against the party initiating foreclosure that can be fatal to their claim if properly presented.As a general observation these attacks are met with claims of presumptions when dealing with negotiable paper, and the claim that the borrower has no standing to raise the issue.Any discrepancies or differences created in the translation are not binding and have no legal effect for compliance or enforcement purposes.