If you missed Oppenheim Law’s November foreclosure defense workshop: Toxic Foreclosures and Bank Fraud, you can view the replay on the Oppenheim Law TV Channel or sign up for the December 8th special edition foreclosure defense workshop hosted by Roy Oppenheim.
Below are some questions and answers from the workshop:
How does a lawyer get the judge to do the right thing in following their responsibilities of a judge?
If a judge makes a bad decision, a judge can be appealed. If the judge is not following law or makes a bad decision, they can be appealed and the decision can be reversed
What typically happens when the bank trying to foreclose does not own the mortgage? Does it get dismissed until the proper mortgage holder is located?
It should get dismissed as a matter of law. However, judges love to give banks a lot of chances to get it right, so the judges will usually allow the case to continue to the summary judgment stage. At that point, if the bank still can’t produce an assignment then the summary judgement will be denied. This is not good law, but rather the judge made lore that has no precedence other than for appellate courts to tell the lower courts to knock it off. That happens frequently these days, but not often enough.
Around 11 million Americans owe more on their mortgages than their homes are worth. Some economists suggest that the government should encourage banks to write down the principal of some underwater mortgages.
How can you guarantee that you are free from any deficiency judgment with a severely underwater mortgage?