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Ensure homeowners the “American Dream” of home ownership
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To prevent homeowners from losing their property, equity, vision and hard work to unforeseen financial problems
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To inform, educate and facilitate a viable and reasonable alternative to foreclosure by the homeowner
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It is not our intention to interfere, burden, harass, avoid, or delay the Court, the Plaintiff or the legal system as a whole
There is no doubt every decision made by a financial institution in the foreclosure process is driven by money. And the legal work which flows from winning the financial institution’s favor is highly lucrative. There is nothing improper or wrong with financial institutions or law firms making a profit — to the contrary, they should be rewarded for sound business and legal practices.
However, unchallenged by underfinanced opponents, the institutions worry less about jurisdictional requirements and more about maximizing returns. Unlike the focus of financial institutions, the Courts must act as gatekeepers, assuring that only those who meet diversity and standing requirements are allowed to pass through.
Counsel for the institutions are not without legal argument to support their position, but their arguments fall woefully short of justifying their premature filings, and utterly fail to satisfy their standing and jurisdictional burdens. The institutions seem to adopt the attitude that since they have been doing this for so long, unchallenged, this practice equates with legal compliance. Finally put to the test, their weak legal arguments compel the Court to stop them at the gate.
The financial institutions rush to foreclose, obtain a judgment and then sit on the deed, avoiding responsibility for maintaining the property while reaping the financial benefits. The financial institutions know the law charges the one with title (still the homeowner) with maintaining the property
