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15 Fla. L. Weekly Supp. 453a



Mortgages -- Foreclosure -- Complaint dismissed for failure to state cause of action -- Only document presented by plaintiff in support of claim that it owns and holds note and mortgage was mortgage payable to another party -- Purported assignment filed in response to motion to dismiss, which did not contain name of assignee or recording information for mortgage, only clouds ownership issue



DEUTSCHE BANK NATIONAL TRUST COMPANY, TRUSTEE FOR… Continue

Congresswoman Marcy Kaptur has become something of a crusader for homeowners’ rights in the wake of the housing crisis, as well as a major critic of US banks. Moyers played a clip of her giving a speech this past January in which she urged homeowners to ignore eviction notices and become “squatters in [their] own homes” if they need to:



“So why should any American citizen be kicked out of their homes in this cold weather? … Don’t leave your home. Because you know what? When those… Continue

Although many articles on the web encourage homeowners to defend a foreclosure case on their own, the most that can probably be hoped is that they can delay the sheriff sale or eviction for a period of months. Getting actual justice in the case is probably not to be expected, however, as government judges are more likely to give preference to the banks that are paying the filing fees in the lawsuit.



Take the following story in the Wall Street Journal from Fort Myers, Florida, where… Continue

Remember the Obama Administration’s “Making Home Affordable Plan”? The one that promised to help millions of financially strapped Americans who faced foreclosure on their homes by giving incentives to lenders to renegotiate their loans? And remember all the bailout money that the banks got in return for promises that they would do their part in getting everybody back on track? Well, guess what’s not working? And guess why it’s not working?



Although the plan was touted as providing… Continue