Fl 2d DCA: Courts Cannot Fill In the Blanks — US Bank Lacks Standing — False Presumptions Are Falling Apart

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This is not legal advice on your case. Consult a lawyer who is licensed in the jurisdiction in which the transaction and /or property is located.

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 see DOC072215
Can’t help saying I told you so. The banks, servicers, trustees et al can’t come into court claiming a right to collect or foreclose when they can’t prove the transactions by which they say they came into possession of the loan documents. It has long been the successful strategy of banks to hoodwink judges into treating them as Holders in Due Course — even when HDC status is expressly denied by the foreclosing party. For them it is simple: they have the note in their possession and that is all anyone needs to know. WRONG.

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2 thoughts on “Fl 2d DCA: Courts Cannot Fill In the Blanks — US Bank Lacks Standing — False Presumptions Are Falling Apart

  1. Several years ago, my bank LOST my mortgage payment which I had a receipt from them showing that it was paid in person well before the due date. This is a home I have owned since 1985. Within 2 weeks, after I had stopped payment on the first check and written another one, I was receiving phone calls and foreclosure notices. I went to an attorney who told me I should have come to him BEFORE I fixed THEIR mistake and it would have been a good lawsuit. Oh well. Lesson learned. It’s never happened again, but I was SO MAD. They wrote me a stupid letter claiming it was their error and my account was in good standing but it was a scary situation.

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    • I’m sorry to hear of u’r unnerving experience with the bank. What’s even scarier is who really owns u’r home when the mortgage gets bundled with other financial instruments (REITS) and sold to Wall St. The lender goes bankrupt, gov’t consolidates the mess, who’s really collecting u’r payments and is the house fully yours if mortgage origination have been repackaged a dozen times and they “lose” the original (contract) paperwork. Banks are still cleaning up the aftermath of 2008. Yes, always keep a good lawyer handy!

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