Recently the Federal electeds passed 3808 to facilitate the foreclosure process. While vetoed by the President, were it to have passed we could expect a wave of notarized fraud that would have inundated the foreclosure process. Banks would use the notaries of the state furthest away from foreclosed property to make it virtually impossible to investigate and question a document’s validity. We have to work locally to protect our citizens from fraud. The federal government works for the banksters and Wall Street.
A properly run open court process can go a long way in bringing some much needed trust by transparency to government. What incentive does the banks’ attorneys have to engage in fraud if they have the prospect of losing their standing with the Board of Bar Overseers? Isn’t the proper function of government to protect the people? Why not start in Massachusetts?
(I can’t help but remember that before the government got involved in real estate, the Boston Globe might have a foreclosure tombstone maybe every six months. Now the legal pages are full of them.)
Rights to one’s property are so sacred in our system they are enshrined in the Constitution. I assumed that a property holder would have the fundamental right to challenge such action in court.
The non-judicial process of foreclosure is used when a power of sale clause exists in a mortgage. A “power of sale” clause is the clause in a deed of trust or mortgage, in which the borrower pre-authorizes the sale of property to pay off the balance on a loan in the event of the their default. In mortgages where a power of sale exists, the power given to the lender to sell the property may be executed by the lender.
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p>The borrower has no right of redemption.
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p>What do you think your chances are that you can get a mortgage without a “power of sale” clause”?
than the homeowner, to contest in court the legality of the foreclosure.
If it is easier to foreclose than negotiate a refinance, lenders will obviously pick the course of least resistance.
The record foreclosures Massachusetts is experiencing is a drain on the entire economy and effects everyone.