If the entity foreclosing against you is breaking your state's laws, you may have grounds for a dismissal
" prejudice. (Notwithout!!!)
DO NOT FORGET to ask for "with prejudice".
It means they can't come back and bother you ever again.
Please discuss this with your attorney:
If you have already been foreclosed against, and the foreclosing entity was notregistered with your Secretary of State to do business in your state, and if they were not registered to do mortgage servicing withthe Banking Commissioner in your state,
file a MOTION TO VACATE BASED ON LOSS OF SUBJECT MATTER JURISDICTIONOVER THE CASE.
Subject matter jurisdiction is not subject to a statute of limitations, and can be invoked at any time.
"Daniel P. Stipano statesNational Banks Are Subject to State LawsWhen Foreclosing Mortgage LoansThey Did Not Originate"
this letter is actually known as
.It took me 6 years to discover it. Same issue decided in
We all need to stress these points of law, until the courts hear us and listen and obey their own lawsFebruary 7, 2011 11:02 PM
Kelly L. Hansen said...
Rod!I just have to tell you how good you comment made me feel. Now I know I'm not a complete and totalidiot. I knew that letter was of great importance. These damn banks keep saying they don't have toconform to state laws, yet they foreclose against mortgages in States where they aren't licenced orregistered on mortgage loans they don't originate, and usually aren't even registered on at the Register of Deeds Office...and then they attempt to invoke the state's statutes in their lawsuits if it helps them to doso!February 14, 2011 11:30 AMSunny said:Could someone please explain what the OCC Letter means and it's relevance? I am not able to understandthe legal jargon. Thank you very kindly in advance for your support.SunnyFebruary 15, 2011 11:49 AM
Cat West said...
The OCC is the Office of the Comptroller of CurrencyThey are the branch of our treasury department that is supposed to be watching these banks to make surethey follow the law. Clearly, they aren't doing enough for the homeowners who have become victims of thecrimes we hear about on this blog.