Finally …Consumers Are Granted “DUE PROCESS”
If you have ever had to endure a Civil Lawsuit then I am sure you can attest to the fact that consumers very seldom experience “Due Process” like a corporate litigant does. Well here’s an exception that everyone should applaud considering it pertains to “Foreclosures” and will hopefully also pertain to a Consumer getting due process in Consumer Debt related litigation as well.
Due Process Ruling #1
In January 2011 the highest court in Massachusetts ruled that Wells Fargo and US Bank erred when they seized 2 troubled consumers homes without being able to produce a copy of the original note. This supreme court ruling puts the nation’s Banks on notice that the Courts will not grant a forclosure order if it is based on improper or incomplete paperwork.
In other words, the “produce the note” due process strategy not only works, it is the law. At least in Massachusetts. Hopefully this supreme court decision will spill over into other states, since the foreclosure process in Massachusetts is similar to other states that permit non-judicial foreclosure. Besides, taking property without competent evidence kind of flies in the face of the Due Process Clause don’t you agree?
Due Process X 2
The Massachusetts court also ruled the banks cannot go back and get retroactive assignment documents if they don’t file them with their pleadings proving that they own the debt.
Another due process victory don’t you agree?
So banks and debt buyers that keep shoddy paperwork may be SOL for the mortgages and consumer debt they attempt to get the courts to believe they hold. Banks and or debt buyers need to be able to prove a proper chain of title, and if there is a gap in the chain then their case will be thrown out. Now that is DUE PROCESS and it comes into the hands of regular consumers like you and me!
Banks refer to their document short comings which include forged signatures and robo signed legal documents as simple ”paperwork glitches” and expect the Courts to treat them as such and rule in their favor. Banks consider that to be due process. This court decision clearly shows that Courts that allow that behavior are clearly preventing consumers of receiving due process.
The Banks had the gall to ask the Court to make its ruling “prospective”, meaning that it would only affect new foreclosures filed after the ruling. The Court refused to do so meaning that thousands of previously filed foreclosure cases could be reopened and brought under scrutiny. That is what I consider to be a banner due process ruling!
