Month: November 2018

People around the world are experiencing the worst global economic recession. This is particularly a very difficult time for those who have mortgaged their assets. Number of people facing foreclosure is growing at such an alarming rate that a foolproof rescue plan must be worked out to save such people from collapsing economically. The strategy that I am going to discuss may prove to be a ray of hope for such people who are in serious trouble due to their mortgaged assets and are facing the risk of foreclosure. Much has been written about this technique earlier but now seems to be the most appropriate time to remind people of this technique, so that they may save themselves from facing this disastrous situation. According to the AP’s estimate, last year, the total number of people that were subjected to foreclosure was around 2.3 million. This is indeed an astronomical figure.

Past decade has seen a great business activity in real estate sale and purchase. Huge investments were made in real estate business. Mortgages were excessively sold and purchased without paying any attention to the credibility of the business deals. They were given in security to the investors without establishing the authenticity of their ownership documents. This reckless business activity in real estate business led to many legal complications. Many such cases were noticed, where the original document signed by the homeowner was almost impossible to trace. It was either lost, destroyed or was lying at such a place that it was near to impossible to retrieve it. Producing those documents, in the court, that are either difficult-to-trace or are extinct may, at least, pose some delay in foreclosure. Though this cannot totally avert this difficult situation, however, this may help the homeowner buy some time and may force the lender to renegotiate the mortgage.

Lovelace is a 50 year old divorced mother. She owns a $200,000 in Zephyrhills, near Tampa. This is the only asset she has left. This house too has been mortgaged to the bank. This house is so dear to her that she is not willing to quit it, no matter what. She vows to hang onto that house even if takes all her life to fight a legal battle with the bank. She says that the bank must prove that it really owns her mortgaged house before taking possession of her house.

Such cases have also been noticed, that we had written about earlier in 2018, where the banks are not able to prove in the court that they actually owned the mortgages and thus the judges had to inevitably halt the foreclosure proceedings.

According to AP, some legislators are in favor of such delaying tactics. Democratic Rep. Merky Kopter of Ohio is one of those who are very much in favor of this delaying strategy. Last month, while delivering her speech on House floor, during debate on federal bank bailout, she strongly supported such delaying tactics. She said that you should not leave your mortgaged house until unless the bank proved, in the court, that it really owned your house. You would be surprised to learn that it would be pretty hard for the bank to prove the ownership of your mortgaged house, in the court, because finding the original documents of ownership is really a hard nut to crack.

In our opinion, this is absolutely fair. The bank definitely is not just going to take your word that they owe you several hundred thousand dollars.