A Watershed Moment in Foreclosure Battle:
Judge McConnell Hailed as Savior to Thousands of Downtrodden Homeowners
Babcock
Law | November 8, 2013
Federal
Court Judge
John J. McConnell issued
a decision in the Cosajay
v. MERS case this
week. This case provides the plaintiffs with an opportunity to
over-turn thousands of home foreclosure cases and will be viewed as a
watershed moment in foreclosure law. Judge McConnell's decision in the
case puts to bed once and for all the contention that homeowners have
no right to challenge fraudulent assignments appearing in their chain
of title.
In
the 11 page decision, he wrote, in part:
“The Court DENIES Defendants’ Motion to Dismiss (ECF No. 5) and
finds that Ms. Cosajay has standing to bring this lawsuit against
Defendants … the Court finds that Rhode Island law provides that
same dual ideas basis for deviating from the general contract rule …
Therefore, the Court finds that Rhode Island law provides that same
protection to mortgagors in the same situations in which the first
circuit found the Culhane and Woods plaintiffs under Massachusetts
law.”
This
ruling will impact not only every foreclosure case filed in Rhode
Island Supreme Court, but also every foreclosure case across the
country. “By far, this is the biggest decision concerning home
foreclosure by a judge in the country in recent years.” said Attorney
Babcock. “Judge McConnell took one swoop of his pen and changed
the outcome of thousands of home foreclosure cases”
Over
the last five years the issue of whether or not a plaintiff
(homeowner) can sue a defendant (a lender) has been challenged at
every step of the ongoing home foreclosure battle. This ruling by
McConnell will bring a new perspective to every home foreclosure case
ruling thus far in the Rhode Island Courts, and reinvigorates
homeowners resolve to continue fighting the bank and mortgage
servicers. “As a result of the visionary decision by Judge
McConnell, today is a new day in home foreclosure law.”
Click here to
read an outline of the details of the decision in Cosajay v. MERS
USDCT Rhode Island written by Attorney John Ennis.
Cosajay
v. MERS
Source:
Babcock
Law
Remember,
MERS disclosure describes MERS as being the bank's agent. This is
FALSE! MERSCORP is
actually it's agent. These disclosure statements are never filed along
with the mortgage in the public records.
Disclosure Statement About MERS
Also see:
The History
& Death of MERS
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