DON'T DO IT WITHOUT A LAWYER!!
FORECLOSURE FACT OR FICTION
Objective -- To Finish the Circle on Foreclosure Mediation and Foreclosure Generally in Oregon
In 2009, the National Consumer Law Center rendered a comprehensive 44 page report recommending mediation as a partial solution to the nation’s foreclosure problem. The Oregon version of that program has a glaring omission. As does another important new Oregon website. The regular homeowner has three strong defenses to a bank’s foreclosure schemes that are completely left out of all Oregon foreclosure websites; all based on the issue of STANDING:
- MERS -- Everybody now knows that the financial institutions use of a private bulletin board instead of proper filing of documents in the County Recording Office doesn’t work.
- BLUE INK -- “True and Correct” copies can no longer be the gold standard as Natache’s case so painfully demonstrates. There is no substitute for an in camera demonstration that companies such as Countrywide actually have the real origination documents. They don’t.
- HUMPTY DUMPTY -- Everybody is looking the wrong way. The U.S. Supreme Court in Carpenter v. Longan, 16 Wall. 271, 83 U.S. 271, 274, 21 L.Ed. 313 (1872) tells us that once the banks break the egg it can’t be put back together again. The consumer gets a free home.
- A careful examination of ALL of the Old and New Websites from Oregon’s Department of Justice, Consumer Protection and Department of Housing and Community Services regarding mediation in foreclosure discloses they fail to tell consumers about 1-3 above.
- A careful examination of ALL of the Oregon State Bar and Legal Aid publications along with their websites fail to tell consumers about 1-3 above.
- A careful examination of all newspaper reports on the issue of foreclosure in Oregon fail to mention 2-3 above. Sometimes they talk about MERS. Reporters are playing catch-up.
- A careful examination of all of the judicial decisions in Oregon fail to demonstrate legal understanding of 2-3 above except Natache’s decision in 2010 by U.S. District Court Judge Garr King.
THE ISSUE IS STANDING
Procedures -- There are two things necessary to complete the foreclosure mediation circle for Oregon consumers.
- Legal Aid help in Oregon is missing in nonaction. If you look at the National Consumer Law Center’s recommendations they emphasize the importance of knowledgeable legal help in foreclosure mediation. Oregon’s FAMP fails to mention that. LASO admits they help less than 20% of the poor in Oregon. Portland’s eviction court is a good place for them to start.
- Pro Bono Legal Help is everywhere in Oregon. And there is not one connected dot between those that need legal help in foreclosures and those bright shiny pro bono lawyer faces. Moreover, there are very few Oregon lawyers that really understand foreclosure issues in Oregon, the May CLE notwithstanding.
WHY ARE BANKS LOOKING AT JUDICIAL FORECLOSURE INSTEAD OF NONJUDICIAL FORECLOSURE?
- After all, didn’t banks want to do nonjudicial foreclosure to avoid the expense of a full-scale litigation. Is this just a bank ruse to avoid the MERS rulings since those rulings appear to NOT apply to judicial foreclosure proceedings?
- Here is where the FAMP wheels are going to fall off. ALL CONSUMERS NEED AN ATTORNEY TO FILE A QUIET TITLE ACTION IN FEDERAL COURT
- FIRST!! Then mediate. There are 360 foreclosure cases pending in U.S District Court of Oregon. What a great place to mine for mediations.
WHY U.S. District Court first? Because whichever Court FIRST acquires jurisdiction over the property -- KEEPS it. Thus, instead of playing defense, the consumer should be on the offense. To require the bank to prove up the original BLUE INK closing documents which most of them don’ t have. The banks are playing so many games, the consumers need legal help.
Banks want the jurisdiction to be in State Court because, unfortunately, they want to game the judicial system and the many State judges who do not well know the laws of MERS, the importance of the BLUE INK copies nor the law of STANDING. I have the video.
LAUREN PAULSON bulletinsfromaloha.org
503 470 9709
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