CHICAGO-(AEAE)-"We know that the foreclosure system is permeated with disarray and fraud," ACLU Lawyer Schwartztol said. Two October opinions from the 4th District Court of Appeal reversed trial judges, insisting affirmative defenses must be considered and a copy of the mortgage note must be produced by the lender. The appellate opinions permitted access to documents and testimony needed to refine homeowner’s defenses. Bank of America, Deutsche Bank and U.S. Bank were sued Oct. 28 in Miami federal court by three law firms representing homeowners seeking class certification. They accuse the banks of abuse of process and are demanding the return of property titles on wrongfully foreclosed homes. Most judges don’t believe institutions like JPMorgan Chase and Wells Fargo commit fraud or use underhanded practices. "At this point, I think the judiciary is now realizing the truth," Peter Ticktin said. "There are viable defenses to mortgage foreclosure. Some judges took a little bit longer, but they seem to be catching on." The 50 state attorneys general have stepped in to exercise their roles as consumer advocates and investigate foreclosure processing in response to claims of doctored and backdated documents. Continue reading click the link below. In Foreclosure Cases, Do Borrowers Get Due Process?
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