The Judicial Integrity of the United States Court is “Priceless” – 27 More Foreclosures Dismissed

November 16th, 2007 • Related • Filed Under

By Aaron Krowne & Moe Bedard

In a decision piggy-backing on Judge Boyko’s recent Deutsche Bank ruling (announced on this site Tuesday), Judge Rose has thrown out another batch of foreclosures, making the following summary remarks:

“This court is well aware that entities who hold valid notes are entitled to receive timely payments in accordance with the notes. And, if they do not receive timely payments, the entities have the right to seek foreclosure on the accompanying mortgages.

However, with regard the enforcement of standing and other jurisdictional requirements pertaining to foreclosure actions, this court is in full agreement with Judge Christopher A Boyko for the Northern District of Ohio who recently stressed, ‘That the judicial integrity of the United States District Court is ‘Priceless.’”

The ruling is another HUGE victory for consumer advocate attorneys and homeowners in general.

A pdf file of the full ruling is available here.

Jacksonville Legal Aid attorney April Charney remarked to us regarding the two Ohio decisions:

As to the real ramification of the Ohio decision, aside from slowing the foreclosure trains, is that the fact that there were no “original” assignments rendering the sales of the mortgages to the trusts, in violation of the true sale obligations imposed by securities law. ”

For more comments by April and us on this foundational issue of these rulings, see our next post. There we also address some criticisms and critiques we’ve received since our original coverage.

  • Share/Bookmark

There Are 4 Responses So Far. »

  1. Pingback by True Sale, False Securitizations on 16 November 2007:

    [...] RSS ← The Judicial Integrity of the United States Court is “Priceless” – 27 More Foreclosures Dismis… [...]

  2. Pingback by The Judicial Integrity of the United States Court is “Priceless” – 27 More Foreclosur - WHAT BANK SHOULD I USE ? on 18 November 2007:

    [...] Integrity of the United States Court is “Priceless” – 27 More Foreclosur Original article: The Judicial Integrity of the United States Court is “Priceless” – 27 More Foreclosures Dismis… As to the real ramification of the Ohio decision, aside from slowing the foreclosure trains, is [...]

  3. Pingback by Goldnotes - A Resource Investor’s Blog » London Irvine Report November 19, 2007 on 20 November 2007:

    [...] http://iamfacingforeclosure.com/blog/2007/11/16/the-judicial-integrity-of-the-united-states-court-is... [...]

  4. Pingback by Foreclosure Warfare - "It is troubling that the plaintiff has filed this case before it had any interest in it" | Loan Modification & Loan Workout News on 13 December 2007:

    [...] The Judicial Integrity of the United States Court is “Priceless” – 27 More Foreclosures Dismis… - In a decision piggy-backing on Judge Boyko’s recent Deutsche Bank ruling (announced on this site Tuesday), Judge Rose has thrown out another batch of foreclosures, making the following summary remarks: “This court is well aware that entities who hold valid notes are entitled to receive timely payments in accordance with the notes. And, if they do not receive timely payments, the entities have the right to seek foreclosure on the accompanying mortgages. [...]

Post a Response

You must be logged in to post a comment.

IAFF offers a free monthly newsletter with:
1. The latest government updates about programs
2. New tips to help sell your house quickly
3. Ways to help you fix your situation

Enter your email address:

Delivered by FeedBurner


Close | Or, if you'd like to sell your house fast, we can help with that as well.