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Courts consider foreclosure issues

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Indiana Lawyer Rehearing

To address recent news regarding foreclosures – including a handful of national banks putting holds on foreclosure proceedings regarding their lenders – participants in the foreclosure prevention efforts of the Indiana Supreme Court, including judges in pilot programs around the state for settlement conferences, held a conference call Oct. 19 to address these issues.

During the call, the participants addressed two main issues, according to Elizabeth Daulton, project manager of the Mortgage Foreclosure Trial Court Assistance Project, which is overseen by the Indiana Supreme Court Division of State Court Administration.

The first concern is the “robo-signing,” where it was reported in the media in the last few weeks that some banks had someone who wasn’t the correct person sign off on foreclosure paperwork without giving it enough attention to make sure it was done properly.

“However, this is just the tip of the iceberg,” Daulton said via e-mail Oct. 21. “A second problem is the fact that many plaintiff lenders have filed suit and proceeded to judgment without sufficient documentation establishing that they are a holder in due course of the underlying debt. Judy Fox, who serves as a facilitator in St. Joseph County (and also leads a legal clinic at Notre Dame Law School) says that her clinic doesn’t handle that many foreclosure cases, but a staggering number of them involve insufficient documentation – so she believes the problem is widespread.”

She added that lenders that had “robo-signed” paperwork have been “re-certifying” pending foreclosure cases, “but this only involves checking the accuracy of the amounts owed (and checking the computer system for errors). Recertifying does not involve investigation of the note’s ownership or tracking back the various assignments, many of which are undated,” she said.

While no definite cause of action was decided during the call, a number of ideas have been shared, and there will be a follow-up call Oct. 28, the same day Indiana Continuing Legal Education Forum will host a daylong CLE about mortgage foreclosures as a follow-up to CLE seminars that took place over the summer of 2009.

Daulton said new guidelines would be decided on in the coming weeks that “should apply to all pending cases, as well as post-judgment, pre-sheriff’s sale cases. After the sheriff’s sale has taken place, there may not be much recourse for the borrower (though this is something else we’re looking into),” she said.
 

Rehearing "New approach to foreclosure prevention successful" IL Sept. 15-28, 2010

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  1. If real money was spent on this study, what a shame. And if some air-head professor tries to use this to advance a career, pity the poor student. I am approaching a time that i (and others around me) should be vigilant. I don't think I'm anywhere near there yet, but seeing the subject I was looking forward to something I might use to look for some benchmarks. When finally finding my way to the hidden questionnaire all I could say to myself was...what a joke. Those are open and obvious signs of any impaired lawyer (or non-lawyer, for that matter), And if one needs a checklist to discern those tell-tale signs of impairment at any age, one shouldn't be practicing law. Another reason I don't regret dropping my ABA membership some number of years ago.

  2. The case should have been spiked. Give the kid a break. He can serve and maybe die for Uncle Sam and can't have a drink? Wow. And they won't even let him defend himself. What a gross lack of prosecutorial oversight and judgment. WOW

  3. I work with some older lawyers in the 70s, 80s, and they are sharp as tacks compared to the foggy minded, undisciplined, inexperienced, listless & aimless "youths" being churned out by the diploma mill law schools by the tens of thousands. A client is generally lucky to land a lawyer who has decided to stay in practice a long time. Young people shouldn't kid themselves. Experience is golden especially in something like law. When you start out as a new lawyer you are about as powerful as a babe in the cradle. Whereas the silver halo of age usually crowns someone who can strike like thunder.

  4. YES I WENT THROUGH THIS BEFORE IN A DIFFERENT SITUATION WITH MY YOUNGEST SON PEOPLE NEED TO LEAVE US ALONE WITH DCS IF WE ARE NOT HURTING OR NEGLECT OUR CHILDREN WHY ARE THEY EVEN CALLED OUT AND THE PEOPLE MAKING FALSE REPORTS NEED TO GO TO JAIL AND HAVE A CLASS D FELONY ON THERE RECORD TO SEE HOW IT FEELS. I WENT THREW ALOT WHEN HE WAS TAKEN WHAT ELSE DOES THESE SCHOOL WANT ME TO SERVE 25 YEARS TO LIFE ON LIES THERE TELLING OR EVEN LE SAME THING LIED TO THE COUNTY PROSECUTOR JUST SO I WOULD GET ARRESTED AND GET TIME HE THOUGHT AND IT TURNED OUT I DID WHAT I HAD TO DO NOT PROUD OF WHAT HAPPEN AND SHOULD KNOW ABOUT SEEKING MEDICAL ATTENTION FOR MY CHILD I AM DISABLED AND SICK OF GETTING TREATED BADLY HOW WOULD THEY LIKE IT IF I CALLED APS ON THEM FOR A CHANGE THEN THEY CAN COME AND ARREST THEM RIGHT OUT OF THE SCHOOL. NOW WE ARE HOMELESS AND THE CHILDREN ARE STAYING WITH A RELATIVE AND GUARDIAN AND THE SCHOOL WON'T LET THEM GO TO SCHOOL THERE BUT WANT THEM TO GO TO SCHOOL WHERE BULLYING IS ALLOWED REAL SMART THINKING ON A SCHOOL STAFF.

  5. Family court judges never fail to surprise me with their irrational thinking. First of all any man who abuses his wife is not fit to be a parent. A man who can't control his anger should not be allowed around his child unsupervised period. Just because he's never been convicted of abusing his child doesn't mean he won't and maybe he hasn't but a man that has such poor judgement and control is not fit to parent without oversight - only a moron would think otherwise. Secondly, why should the mother have to pay? He's the one who made the poor decisions to abuse and he should be the one to pay the price - monetarily and otherwise. Yes it's sad that the little girl may be deprived of her father, but really what kind of father is he - the one that abuses her mother the one that can't even step up and do what's necessary on his own instead the abused mother is to pay for him???? What is this Judge thinking? Another example of how this world rewards bad behavior and punishes those who do right. Way to go Judge - NOT.

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