A lawyer offers some hope for those facing foreclosure

Hmm...I may take back some of the more glaring desipisal of the legal profession:

http://www.nypost.com/seven/02222009/business/the_loan_ranger_156356.htm

In essence, Charney has forced scores of plaintiffs in foreclosure actions in Jacksonville to admit they don't have legal ownership of the securitized mortgage they are trying to foreclose upon - stopping the home takeover battle in its tracks.

The strategy has spread virally around the country and now thousands of foreclosure lawsuits are sitting idly - in legal limbo.

"I have one case from 2004 where the bank has not returned to court and where my client now has deposited more money into a trust account than the house is worth," Charney noted.

Charney has held seminars in Ohio, Oregon, South Carolina and throughout Florida to educate lawyers on how to implement the courtroom defense.

At least one Brooklyn judge, Arthur M. Schack, is already using the strategy himself in the courtroom. He told a reporter recently that he denies more foreclosures than he approves. Last summer, 13 of the 14 foreclosure actions that came before him were denied.

"I want to see the servicing agent's power of attorney, I want to see all the paperwork before I approve it," he said. "If the paperwork is garbage, I deny it. If you're going to take away someone's home, it should be done properly.

For myself, this is Law School 101 type stuff, holder in due course/present for payment type things.

It also shows that some of our more fundamental Civil Rights are still intact, only one must assert them, unless asserted they are of no value.