Have Banks Wrongly Evicted Millions?

More bad paperwork (Lucy Nicholson/REUTERS)

Michael and Pamela Negrea, of Cleveland suburb Eastlake, Ohio, have never missed a mortgage payment. Yet their mortgage company, GMAC, has tried to foreclose on their house, not once, but three times. And GMAC is still trying to haul the couple out of their house.

It’s one of the incredible stories in the past few weeks that have come out of Foreclosure-gate that just makes you shake your head in disbelief. The question, though, that is rapidly emerging is this: Are stories like the Negreas the anecdotes that prove banks regularly kick people wrongly out of their homes, or are these just the exceptions in a clearly bungled process that still generally ends up evicting the correct folk?

The reporters at the Cleveland Plain Dealer, who uncovered the Negrea’s story, seem to think that it is the former:

Indeed, the possibility that bank employees illegally “robo-signed” thousands of foreclosures without even reading the information shows the production-line mentality not just of foreclosures, but of the entire mortgage process. It’s as simple as this: Many banks during the last decade or so have approved, closed, bought, sold and traded mortgages like baseball cards at a pace so dizzying that they couldn’t keep up with their customers, payments or foreclosures.

Now, it’s possible that thousands or even millions could have lost their homes in error.

So have “millions” of people lost their house “in error?” Will you come home one day to a foreclosure note and changed locks? Probably not. Bank executives including JP Morgan’s Jamie Dimon have said that no one has been kicked out of their house that shouldn’t have. That may still be technically true. Even the Negreas are still in their house. But it seems increasingly clear that the banks have put a lot of people in foreclosure process that didn’t deserve to be. And while that may have not cost them their house, it fighting to keep their house has certainly cost them time, money and pain.

I’m still not sure that category would get include thousands, let alone millions. That depends on your definition of “in error.” It is quite possible that there have been millions of loan documents lost. So in all of those cases where the bank tries to foreclose there are going to have been some errors made. But even the lawyers who have been fighting to help people keep their homes say that most of their clients are delinquent on their mortgage. In the case that started the current foreclosure mess, the homeowner hadn’t payed her mortgage for more than two years. And like the Negreas that homeowner is still in her house.

That’s not to say Foreclosure-gate is not a huge scandal where banks have acted wildly improper. Saying that banks have kicked millions out of there houses in error, though, probably not too proper either.

More on the amazing story of the Negreas here.

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  • http://stephenpoo.wordpress.com stephenpoo

    Wonder how they can sell them even if they do foreclose, who would issue title insurance on these homes?

  • ps56penn62pr64

    So have “millions” of people lost their house “in error?” Definitely — NO!

    They lost their homes to a massive fraud. Except for coins, our government does not issue the nation’s money. A privately owned, for-profit monetary system creates America’s money as the principal of loans. The fundamental loans are to the government in exchange for government bonds, these bonds forming the basic reserve deposits for a fractional reserve lending scheme that expands the amount of money as circulating in the economy by lending and re-lending the same money. It is a form of legalized counterfeiting without the need for printing the money.

    Since almost all money is created as the principal of loans by the fractional reserve scheme, since repaying the loans requires all of the money the scheme created, and since loans have interest requirements as part of the loan contract; the loan contracts are impossible to fulfill. Simply put, if all of the loans are repaid, there is no money left in the economy to pay the required interest; if the interest is paid from the principal, there is insufficient money to repay the loans. In either case, the conditions necessary to fulfill the loan contracts do not exist, these are impossible contracts and therefore are unenforceable.

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  • stopthirdpartydebtcollectors

    this is no different then what third party debt collectors are doing to people who have defaulted on credit cards which the third party collectors have bought for pennies on the dollar after the banks have written them off!

    and intimidate the helpless victim for collection, with highly inflated balances, insane interest rates, an ridicules
    lawyers fees added in.

    Then dragging these helpless financially destitute individuals
    into court, WITH OUT “PROOF” THAT THEY NOW OWN THE DEBT!
    IE COPIES OF THE ORIGINAL CONTRACTS, DEEDS OF ASSIGNMENT from the original creditor to them,

    And BAMBOOZLE them in to Paying an illegal debt. contract, where they have no proof to back up their claims!!

    And the Courts and judges CO_SIGN this illegal Activity!!

    Because its a cash cow for the courts, and the sheriffs who get a piece of the pie!!

    email us for more information on how to stop this injustice
    stopthirdpartydebtcollectors@yahoo.com

  • lawgrace

    It is NOT always “the banks” who wait “years” or a long time before completing foreclosures. In many instances, the reasons for foreclosure delays lie with FORECLOSURE MILL LAWYERS.

    Some lawyers deliberately prolong foreclosure while concealing MALPRACTICE against their lender-clients, and while committing UNFAIR DEBT COLLECTION PRACTICES and fraud against homeowners. Sometimes lenders (who are NOT required to know laws / statutes), are oblivious that foreclosure lawyers’ mistakes, errors, frauds on the court and upon opposing parties actually provided reasons, defenses, and opportunities for opposing sides to have grounds for debating key facts and issues in courtrooms –hoping to reach negotiation, as to avoid homelessness. Meanwhile, the mill lawyers rack up billable hours and fees for litigation those lawyers manufactured –sometimes erroneously, sometimes intentionally.

    Illustrations: A property owner who seeks reorganizing his / her debts through Chapter 13 Bankruptcy is not to be blamed for contesting a FALSE “proof of claim” or a FALSE “Motion to Lift Automatic Stay” filed into the record by lenders’ lawyer. (Besides, problems arise with multiple ‘proof of claims’ by different lenders.) Or, when mortgage lender’s lawyer commits injurious frauds, fails to “effect service” or fails at any SUBSTANTIVE Civil Procedure requirement, the blame is on the lender’s lawyer –NOT the homeowner who REFUSES TO COOPERATE WITH UNLAWFUL EVICTION FROM THE SHELTER OVER HIS OR HER FAMILY’S HEAD.

    SPECIFICALLY, countless foreclosure lawyers owe $$$$$$$$$$$ to their mortgage clients for fatally botching foreclosure proceedings –and countless foreclosure attorneys have been derelict about informing lender-clients, WHAT SAITH the APPLICABLE LAWS.

    Mortgage lending fraud is SYSTEMIC and ALARMING in light of deliberate, underhanded foreclosures by unscrupulous FORECLOSURE MILLS! Dishonest lawyers (or their affiliates) gain ownership of properties after purported “simulated” auctions via “straw buyers”; and “flip” to Freddie Mac. Some lawyers file pleadings (summary judgments, etc) when Freddie Mac is NOT party to cases, and bill $$$$ as Freddie’s representatives. Via false Bankruptcy Court pleadings, foreclosure frauds impede homeowners’ restructuring debts and discovery of true owners of mortgage notes. Also, false pleadings NOT ONLY HELP illegal property repossessions, any other creditors whom debtors owe becomes deprived wrongfully of entitled shares of proceeds from purported auctions; and it causes WRONGFUL HOMELESSNESS and ILLEGITIMATE “deficiency judgments.” Lenders, Investors, and property owners are losers from foreclosure frauds!

    =================================================================
    OPEN LETTER TO PRESIDENT OBAMA on Foreclosure Crisis (concerning Wells Fargo)
    http://www.pr-inside.com/open-letter-to-president-obama-on-foreclosure-crisis-r1505916.html

    Lehman Brothers, Wells Fargo Foreclosure and Insurance Claims
    http://www.lawgrace.org/2008/09/14/lehman-brothers%E2%80%99-mortgage-troubles-nationally-evidence-of-foreclosure-fraud-deception-and-conspiracy-with-wells-fargo-deceptive-judicial-filings/

    Important FACTS about FORECLOSURE and MORTGAGE FRAUD
    http://www.lawgrace.org/2010/09/30/important-facts-about-foreclosure-and-mortgage-fraud/

  • http://spotbanks.wordpress.com spotbanks

    That’s horrible!

    People were evicted in error?

    http://www.spotbanks.com

  • tedford47

    maybe “hundreds” is more like it. It seems the journalist is seeking the eyecatching headline even if it’s completely misleading. … kind of like the National Enquirer.

  • lawgrace
  • lawgrace

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  • sassielassie

    This is a great question; fortunately, I was able to get current on my home before it went into complete foreclosure (thanks to a local bank that worked with me and helped get step back from the brink: https://www.statebanks.com/personal/mortgage/).

    Anyway, I’m in ND, and the way I understand it, is that nobody will issue title insurance, and that is the next “bad thing” coming down the pike on these homes, slowing the real estate situation even more than it already is.

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