What can you ask for in court that they're least likely to have...
February 24, 2012 9:37 PM Subscribe
For a foreclosure to be legal and proper, what documents must be present and authentic from each and any parties?
A friend of mine is having a foreclosure nightmare in Oregon (Portland to be exact). Her family has acted in good faith, cobbling together the money required one month late only to find that the house is being foreclosed upon. Modification papers have been 'misplaced', there have been two weeks periods incommunicado before they are asked to restart, and it looks like (to an untrained, outside observer) that the bank (BofA) is not acting in good faith.
The mortgage was apparently not originally with BofA, but rather changed hands a number of times before ending up with BofA. Given the lack of good faith negotiating on the part of the bank, I've urged my friend and her family to get a little... shall we say bloodthirsty about the whole process.
One part of this is finding out if any documents or papers have been 'misplaced', forged, or incorrectly used/filled out/filed. Is there a list somewhere that details the required documents for a successful foreclosure?
A friend of mine is having a foreclosure nightmare in Oregon (Portland to be exact). Her family has acted in good faith, cobbling together the money required one month late only to find that the house is being foreclosed upon. Modification papers have been 'misplaced', there have been two weeks periods incommunicado before they are asked to restart, and it looks like (to an untrained, outside observer) that the bank (BofA) is not acting in good faith.
The mortgage was apparently not originally with BofA, but rather changed hands a number of times before ending up with BofA. Given the lack of good faith negotiating on the part of the bank, I've urged my friend and her family to get a little... shall we say bloodthirsty about the whole process.
One part of this is finding out if any documents or papers have been 'misplaced', forged, or incorrectly used/filled out/filed. Is there a list somewhere that details the required documents for a successful foreclosure?
IANYL and all that, but this is not something a non-lawyer can reasonably hope to prevail in, even if there are clearly un-dotted i's and uncrossed t's in the bank's paperwork.
Your friend should contact a lawyer. I believe several of them are working these cases.
However, there's a limit to how far one's good-faith efforts should carry one. Don't get me wrong: I think someone should rip off BofA's head and shit down its neck, but if you haven't paid your mortgage, then you don't deserve to get your house for free just because BofA should be put up against the wall, shot with silver bullets, then planted in a lime-filled grave with a fucking stake in its shriveled heart.
posted by spacewrench at 10:05 PM on February 24, 2012
Your friend should contact a lawyer. I believe several of them are working these cases.
However, there's a limit to how far one's good-faith efforts should carry one. Don't get me wrong: I think someone should rip off BofA's head and shit down its neck, but if you haven't paid your mortgage, then you don't deserve to get your house for free just because BofA should be put up against the wall, shot with silver bullets, then planted in a lime-filled grave with a fucking stake in its shriveled heart.
posted by spacewrench at 10:05 PM on February 24, 2012
I'm very sorry that your friend is going through something like that. I agree that a lawyer is the best option.
That said, a google search turned up this FAQ, with the following question & answer:
What documents are needed for foreclosure?
Anyone involved in a foreclosure must provide the trustee with a note and deed of trust, any modifications or extensions of agreements made and any additional notes. All of the documents given to the trustee must be original. If any original documents are lost, an instrument bond will need to be provided. The trustee must also be provided with some essential information such as the unpaid balance, the reason for the default, information on advances, the date to which the interest is paid, the last known residence and the address of the property.
Let me be clear: I personally would not trust generic advice from a FAQ on the internet. I would get a lawyer, because a lawyer would be able to advise me as to what documents I actually need, based on the facts of my case.
posted by insectosaurus at 10:09 PM on February 24, 2012
That said, a google search turned up this FAQ, with the following question & answer:
What documents are needed for foreclosure?
Anyone involved in a foreclosure must provide the trustee with a note and deed of trust, any modifications or extensions of agreements made and any additional notes. All of the documents given to the trustee must be original. If any original documents are lost, an instrument bond will need to be provided. The trustee must also be provided with some essential information such as the unpaid balance, the reason for the default, information on advances, the date to which the interest is paid, the last known residence and the address of the property.
Let me be clear: I personally would not trust generic advice from a FAQ on the internet. I would get a lawyer, because a lawyer would be able to advise me as to what documents I actually need, based on the facts of my case.
posted by insectosaurus at 10:09 PM on February 24, 2012
Go to the "resources" page for City Life / Vida Urbana - www.clvu.org - and take a look. I'm almost positive the document you're looking for is on that page.
I don't know what kind of anti-foreclosure groups are active in Oregon, but if there are any (google 'bank tenants association) it's worth getting in touch, as they can often provide free legal aid. This kind of shit - lost papers, multiple owners, no documentation provided, etc etc - happens all the time, and it's very likely that she can fight (or at least delay) the foreclosure.
Whatever she does, advise her NOT to move. I don't know what the laws are like in Oregon, but here in Massachusetts you can only be evicted by a judge, and BOA would have to take her to court. Get a lawyer, do some research (ACCE in California is another good group to look at, and might be able to recommend some local resources) and don't move out preemptively.
Feel free to memail me if you want more information on any of this
posted by puckish at 4:16 AM on February 25, 2012
I don't know what kind of anti-foreclosure groups are active in Oregon, but if there are any (google 'bank tenants association) it's worth getting in touch, as they can often provide free legal aid. This kind of shit - lost papers, multiple owners, no documentation provided, etc etc - happens all the time, and it's very likely that she can fight (or at least delay) the foreclosure.
Whatever she does, advise her NOT to move. I don't know what the laws are like in Oregon, but here in Massachusetts you can only be evicted by a judge, and BOA would have to take her to court. Get a lawyer, do some research (ACCE in California is another good group to look at, and might be able to recommend some local resources) and don't move out preemptively.
Feel free to memail me if you want more information on any of this
posted by puckish at 4:16 AM on February 25, 2012
I don't think your friend should hire a lawyer yet- there are all sorts of free options. There are a lot of people going through this- if you look on Propublica there is a whole exposé on the mortgage crisis. I have been trying to modify my mortgage as well and all sorts of sketchy stuff has gone on. After trying to deal by myself I am working with an local non-profit organization in Boston- I am sure there is a similar organization in Portland. The service is totally free and they deal with everything for me and also document everything. If your friend accesses the hope for homeowners webpage, there will be a list of nonprofits that can help. My other advice that worked for me is to call their Senator's office- that really put some fire under my banks bottom, and now I am dealing with the executive office and there has been positive movement.
posted by momochan at 5:53 AM on February 25, 2012 [1 favorite]
posted by momochan at 5:53 AM on February 25, 2012 [1 favorite]
The most important document which the bank needs to support their foreclosure action is the original mortgage note, properly endorsed to show that the bank bringing the foreclosure action is actually the legitimate, legal owner of the note. Due to sloppy, slimey shenanigans prevalent in the mortgage industry in recent years, banks are not always able to do this. This web site has some good info.
posted by Corvid at 4:51 PM on February 25, 2012
posted by Corvid at 4:51 PM on February 25, 2012
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Get a lawyer. That is all.
posted by Happydaz at 9:54 PM on February 24, 2012