Wednesday, January 12, 2011

Judges berating bank lawyers over foreclosure

t's not been a good year so far for plaintiffs seeking to foreclose. Last week, a the highest court in Massachusetts ruled against U.S. Bancorp and Wells Fargo & Co. in affirming a lower court judge's ruling invalidating two mortgage foreclosure sales because the banks did not prove that they actually owned the mortgages at the time of foreclosure.

As Jacksonville attorney James Kowalksi said, "Wells Fargo had every opportunity to walk the judge through all the complicated steps to show ownership. And they couldn't do it."

Monday, the New York Times looked at how judges in that state are becoming more critical and vocal toward the attorneys representing banks in foreclosures.

"In numerous opinions," the Times wrote, "judges have accused lawyers of processing shoddy or even fabricated paperwork in foreclosure actions when representing the banks."

A judge on the state supreme court called one filing, "incredible, outrageous, ludicrous and disingenuous."

You can read the story here.

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