reply to post by DimensionalDetective
Things may be coming to the surface faster now, but it is far too late for the average person, who has already not just lost their homes, but in many
cases lots of additional payments to the bank, made in good faith, that never would have been made had they not been duped, by bank and government.
I have a number of friends who have been dealing with these matters, and it's utterly shocking what such a fraud can do to people's lives. One
case, I've mentioned before, a suicide. No, the bank will never be held accountable for that. The particular case was one of a final "straw"
involving hopeless health issues, cancelled health insurance, loss of job, and yes, a bank who strung the poor family along. "Papa" finally lost
it, and blew his brains out.
What's worse is that there is literally NO HELP out there for the victims. The AG of this state, or that, sure, they seem to be helping, and some
years from now might achieve a settlement. Too little, too late.
You would think that with such a massive fraud going on, there would be attorney's swarming in for the kill. Why not?
I spoke to an attorney friend on Friday, who told me he knew of several very good lawyers who were well versed in these areas of practice. Only one
problem: All of them worked for BANKS, and normally signed agreements not to represent anyone who might cause conflicts of interest. BUT, there
might always be a young, inexperienced attorney out there who was hungry enough to take on a challenge...
Which is why we see a several-year-long record now of judges acting very irresponsibly.
Let me give an example, if you or I had sold a property, and agreed to accept payments, we would have the transaction drawn-up, and would be left
holding a piece of paper that showed exactly what was agreed to.
IF the person we lent the money to stopped making the agreed-upon payments, we could sue them, and ask a judge for remedy, perhaps to enforce the
contract, have the other party pay damages, even foreclose on the house, etc.
The judge will then first ask YOU, the victim here (presumably) something rather reasonable: "May I please examine the contract, which is the
evidence that these people owe you a debt at all."
No problem, you hand over your paper. You were in fact ready for this, you even had guessed that the other party might demand such a thing anyway,
but the judge is a sharpie, and figured he might as well get down to it.
Your claim on the other party is reviewed, hopefully upheld, and as a bonus, you retain your faith in the legal system.
NOW, what happens "if" a bank is involved? Then what?
You are now the one who is about to lose your home. Perhaps you have missed a payment or two, or perhaps you have always made every payment on time.
Either way, this is a dispute after all. You request that the bank please kindly show the court that it is entitled to collect the money (and perhaps
not some other entity), you might show your cleared checks that you paid them with, etc.
In this case, you have made a reasonable request, to see the Note that the bank holds, to confirm their claim against you.
But the bank says, "Your honor, we lost the Note..."
You smile, but only for a wee moment. And then you hear the hammer slam down...
The judge has ruled against YOU!!
"Get out you deadbeat! Pay the bank, or lose the home that you can't possibly afford! Now, get out of my sight!"
Well, the last bit is a bit exaggerated, for emphasis, but something similar has happened thousands of times now. You can read about it in the blogs
of people who have gone through it.
There are cases where the judge has "tried" to get the bank to act responsibly. One case had the judge approve a request the Note from a bank, and
the bank countered saying they would ONLY produce a "copy", refusing to produce the original. When the opposing counsel then requested that a
representative of the defendant be at least allowed to go and view the actual document, the bank still refused! Judge: "Uh, well, OK. Sorry Mr.
Defendant, you heard the bank. No can do...loser!"
America's banks are in a crisis, homeowners are in a crisis, the government is now looking like they facilitated bank fraud, and the entire legal
system has shown itself to be a ridiculous farce.
How long can this joke go on? Media?? Rather on the silent side. Which explains the horrid lack of awareness on the issue.