Here’s a nasty foreclosure mess from Washington State. Judge George Bowden of the Snohomish County Superior Court explains his ruling in Bradburn v. ReconTrust:
What a CAN OF WORMS!. But it shows that even though the owner of beneficial interest in the note (the "oobi"), and the oobi’s agents and associates, screwed up ROYALLY in assigning and foreclosing the note, that does not absolve the mortgagor of the obligation to suffer the consequences of breaching the note. The judge seems to make the point that we must ask "WHOM did the shenanigans INJURE and WHAT DAMAGES did it cause?" The mortgagor might hate the shenanigans, but he still owes the debt and common sense (and the contract) dictate that he must forfeit the house. Maybe he has the money to litigate for the next several years over it, but he’ll still lose the house.
The Mortgagor has only one real chance to save the house:
GET THE MORTGAGE EXAMINED and sue over the underlying causes of action.
Call me if you need help with that.
|Bob Hurt Blog 1 2 3 f t
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