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Holmes & Galt

in foreclosure, legal standing, MERS, Securitization

Home Loan Analysis Reporting (HLAR) Has Become the Crisis That Banks Cannot Easily Overcome

Across the Nation MERS and the Lenders have taken a beating trying to foreclose Loans.

 

A problem loan – when revealed – may prevent the bank from wrongfully foreclosing.

 

Holmes & Galt provides a full array of HLAR reports for Attorneys, the Business to Business community and borrowers of both commercial and residential loans.

Getting the research done, and being “in the know” has allowed many attorneys to prevent borrowers from losing their homes or commercial properties. See the case law section of this site to see how many times the Banks have lost in court!

It is no secret that knowledge can bring about different outcomes — often far more favorable than one had considered. When a HLAR is done, much information comes to light. Learning what happened with a loan, who may or may not own it today, and if the process that the lender has been taking it through is “fractured” in any way can often be the knowledge that one needs to develop real solutions.

H&G strives to present the most thorough and comprehensive reports possible. Their analysts are well respected and appreciated because the quality and detail that goes into every report allows for attorneys, professionals, and borrowers to have verifiable facts based in proof, which are, above all else understandable to the average reader.

Holmes & Galt provides:

  • Audit Reports with affidavit from the Analyst
  • An ever-growing case law appendix for all states
  • Delivery within ten to fifteen days in most cases
  • Rush Orders (three to nine days).
  • Ongoing Customer Service
  • Private Labeling
  • Customization

 

The full list of HLAR Reports that are available can be viewed on the Services for Attorneys page.

If you are a borrower, not certain what would be the best report for you, there is a general guideline available on the Borrowers Services & Pricing page.

If you are looking for a provider of reports for your company, please visit the Business to Business page.

Account Managers can be reached by calling 800-372-0294

We welcome the opportunity to service you.

 
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Lenders In California Must Hold the Note & Deed

in MERS

California Bankruptcy Court Ruled That MERS Had No  Standing 

 

In Re Vargas - The Bankruptcy Court found many errors with regard to the proceedings instituted by MERS to get relief from stay so it could take the home away from Mr. Vargas, an 83 year old World War II veteran.  MERS was found to have submitted fraudulent documents.  Additionally, the Court held that MERS did not have legal standing to foreclose upon Mr. Vargas because it did not hold the note and deed.

 
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Mortgage Documents Cannot Be Separated

in legal standing, MERS

Oregon Judge Rules that the Note & Security Instrument Cannot be Separated

 

James v. Recontrust, et al.  -   The note and its security instrument cannot be passed to separate parties – MERS lacks legal standing.

 
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Connecticut Appellate Court Says Must Have Note & Mortgage

in legal standing, Securitization

Two Strong Connecticut Rulings

 Securitization separates the Note and Mortgage.

Appellate Ruling states that  the Connecticut Legislature never meant for a holder of a mortgage to be able to foreclose without also having had the assignment of the note.

In the Memorable and precedent setting Lasalle case:  Only the rightful owner of the note has the right to enforce the mortgage.

 

 

 
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Servicers Are Not the Real Party of Interest

in foreclose, foreclosure, legal standing

 

An Assignment of the Deed of Trust is Not Sufficient to Foreclose

 

In Re Jacobson - Servicer is not “real party in interest” and cannot bring motion for relief from stay.  Only the holder of the note and deed of trust has legal standing to foreclose.  Merely having assignment of the deed of trust is not sufficient to establish legal standing.

 
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Texas Appellate Court Upholds Quiet Title

in MERS, Quiet Title

MERS Loses to Texas Borrower

 

In MERS v. Groves the Texas Trial Court Awarded Quiet Title to Borrower by Default Judgement

Borrower claimed that MERS involvement in her deed of trust invalidated said deed.

Appellate Court Upheld the Trial Court Ruling

 
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Lender Must Hold Note & Mortgage

in foreclosure, legal standing, Securitization

New York Judge Ruled The Lender Must Hold Both the Note and the Mortgage

It’s a matter of proving legal standing.

U.S. Bank National Association, etc., v. Dellarmo – This Judge determined “In a mortgage foreclosure action, a plaintiff has standing where it is both the holder or assignee of the subject mortgage and the holder or assignee of the underlying note at the time the action is commenced”

 
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No Legal Standing to Foreclose

in legal standing, MERS, Securitization

Judge Views MERS Win in Nebraska as Evidence that MERS  Cannot Foreclose

 

In South Carolina, the Court held that MERS does not have standing to foreclose.  The Court reached this decision based upon representations made by MERS in the case of Mortgage Electronic Registration Systems, Inc. v. Nebraska Department of Banking and Finance wherein MERS argued that they have no independent right to collect on any debt because they do not extend credit,  and none of the mortgage debtors owe MERS money.

 
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Deutsche Bank Loses – Homeowner Wins in Honolulu

in foreclose, foreclosure, legal standing, Securitization

Deutsche Bank Can’t Foreclose

 

Deutsche Bank stacked up yet another loss in their attempts to claim a home through foreclosure.

“One of the most important decisions for Borrowers Rights in the history of Hawaii has been made with this decision,” remarked Honolulu attorney Gary Dubin.

The Honorable Judge J. Michael Seabright of the Hawaii United States District Court, today GRANTED the homeowners’ Motion to Dismiss the case filed against them in federal district court by Plaintiff Deutsche Bank National Trust Company, as Trustee Morgan Stanley ABS Capital I Inc. Trust 2007-NC1 Mortgage Pass-Through Certificates, Series 2007-NC1.

This is a very important case because the judge ruled that Deutsche Bank had no legal standing to foreclose because they had never been assigned the mortgage. This assignment issue has become more and more the crux of foreclosure cases across the nation.

The issue with most securitized loans today has as one of its focal points the question of proper assignments of the mortgage or deed of trust to the proper entities involved in the selling and purchasing of the note. If this process is not done correctly, then the note holder can find themselves with no legal standing, which is what occurred in the Hawaii case.

 
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