2013-10-13 — ml-implode.com
``Stewart, Sawyer and Oathout... three Maine homeowners... three separate foreclosure cases... each dismissed with prejudice, meaning none of the servicers trying to foreclose gets another chance at foreclosure. And Maine's foremost foreclosure defense attorney, Tom Cox, gets the credit for ALL three wins.
According to Cox...
"It is our present belief, not yet definitively tested in the Maine Supreme Court, that when a foreclosure case is dismissed with prejudice or when a foreclosure plaintiff loses at trial, no new foreclosure action is allowed and no independent suit on the note is allowed."
ON THIS MANDELMAN MATTERS PODCAST... Tom talks about three examples of "free house" cases. In addition to the Stewart case, there's US Bank v. Sawyer, and Aurora Loan Services v. Oathout.
"The lingering problem, however, is that the mortgage deed remains of record encumbering the title to the property. Again, the Maine Supreme Court has not yet addressed this precise problem, but we believe that we can get rid of the now unenforceable mortgage by bringing a quiet title action," Tom says.
Again, according to Cox...
"I have never gotten, or come close to getting, a free house except in cases like these where we are encountering bad faith loan servicing antics by the servicers. We are educating our judges and they are getting tired of the servicers' games.
In all three of these cases, the homeowners kept excellent records of their dealings with the servicers and of the servicers' abuses."''
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