Tuesday, November 2, 2010

Lawmaker Questions Power to Foreclose .

http://online.wsj.com/article/SB10001424052748704865104575588791583567372.html?mod=WSJ_hp_LEFTWhatsNewsCollection

The Banks only have as much power, as you allow them to believe they have.
And you allow them to live by feeding them, or allowing them to feed off of you.
It's time to cut the ties that bind


"There are too many people getting foreclosed on not properly," said Mr. Marshall, who represents two counties near Washington, adding that he is drafting a Virginia law that would require lenders to pay county fees before being allowed to proceed with foreclosures. "The disdain with which the conditions of law have been treated by those who want to make money too fast is very troubling to me."

In a state-court lawsuit filed in Georgia last week seeking class-action status, lawyer David Ates says MERS isn't a secured creditor, meaning it lacks the power to foreclose on behalf of lenders, mortgage servicers or other parties.

Mr. Ates said he is seeking to have all Georgia foreclosures by the company "be declared invalid and the title be returned to the debtor."

Also last week, the District of Columbia's attorney general, Peter Nickles, issued a statement saying no D.C. homeowner can be foreclosed upon unless the security interest of the note holder has been physically recorded with the district's Recorder of Deeds, a condition that electronic assignments through MERS don't meet.

MERS spokeswoman Karmela Lejarde said the company doesn't keep track of how many users have stopped using the electronic filing system. MERS declined to say how many lawsuits have been filed against the company since foreclosure troubles erupted in mid-September.