Monday is Last Day to File for Review and Damages Under Settlement Agreement

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For assistance with presenting a case for wrongful foreclosure, please call 520-405-1688, customer service, who will put you in touch with an attorney in the states of Florida, California, Ohio, and Nevada. (NOTE: Chapter 11 may be easier than you think).

I have written extensively about the OCC review process, the consent decrees and the settlement wherein you can file for a review of a wrongful foreclosure. Whether this includes foreclosures that are in litigation is doubtful. But if you have already been foreclosed and the “lender” used improper means to do it, the review process is something supposedly designed to give you monetary damages up to $125,000.

I stopped writing about it because the results have been largely unproductive. The good news is that the agreement does NOT preclude you from filing a common law or statutory wrongful foreclosure claim and associated claims like slander of title and quiet title.

The review process, like the judges sitting on the bench basically looks at the claim with a view that the foreclosure would have and should have been completed anyway, even if papers were forged, fabricated and so forth. THAT is because the assumption is still out there that the debt is real, the default is real, the note is valid and the mortgage was valid. Our strategy of Deny and Discover addresses exactly that point.

If you want to preserve your rights under the review process then you need to file by Monday. My suggestion is that lawyers assist clients with preparing the demand for review and specify that the client was not and never was in a financial transaction with the foreclosing entity nor any parties from whom they allege to have received an assignment. Thus the debt. default, note and mortgage were all faked.

It probably ought to be framed pretty much as an objection to claim, in which you make no affirmative allegations but simply deny that the homeowner ever received money from any of those entities. If you make the allegation that you DID receive money from someone else you are creating a burden of proof for the homeowner that cannot be easily met without discovery. The demand in the review should be to produce the wire transfer receipt, wire transfer instructions, cancelled check or any other actual proof of the movement of money in the name of the supposed “lender” or “assignor” or endorser.

The foreclosing entity is going to respond with some version of the property would have been foreclosed anyway, they did act improperly and they offer a couple of thousand dollars for their “error.” If you don’t intend to take them on, then you certainly should file for review because there is a relatively high probability of getting a few thousand dollars — but nothing like $125,000 unless you are successful at showing that there was no right to foreclose because of standing or lack of perfecting the mortgage lien.

Accepting the money doesn’t waive your rights and could pay for a retainer of a lawyer to start wrongful foreclosure proceedings seeking either monetary damages, getting title back in the name of the homeowner or other remedies. But people are getting tired of this entire mess and I don’t blame them for just walking away. At some point it is a personal more than a financial decision.

Yet it irks me that that these bankers sucked something like 1/3 of the world’s wealth out of the system and brought about calamitous results both here and abroad. It bothers me that there is no prosecution, receivership and restitution. So I would like to see more people pursue their rights judicially and administratively.

Tags: damages, FORECLOSURE REVIEW, mortgage review, OCC REVIEW, review process, settlement
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