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How can counts justify foreclosures without proof?

Published December 04. 2010 09:00AM

Dear Editor:

This is my feedback regarding the services provided by Attorney General Tom Corbett's foreclosure investigation article printed in the TIMES NEWS during the second week of October 2010. It is my opinion that this was nothing more than an election publicity stunt to focus a fake good light upon Tom Corbett.

As I am sure you are aware there are thousands of foreclosures cases ongoing in the State of Pennsylvania and quite a large number ongoing right here in Carbon County. I am also sure you are aware that in order for a law suit to occur there must be an injured party and in foreclosure cases it is the banks who claim to be the injured party.

Under the Federal Rules of Civil Procedure, Rule 17, only the real party in interest can claim an injury. In Pennsylvania courts it appears things are slightly different however there still must be proof of an injury by the real party in interest.

The standard mortgage used in Pennsylvania contains the term NOTE approximately 50 plus times making reference to the promissory note signed at the time of sale of the property. This standard mortgage agreement also contains a phase as follows; "the debt is evidenced by the Note." The Mortgage posted upon the Carbon County public records fails to show the Plaintiff Banks as the lenders at the time of their Foreclosure Complaint filings.

From my understanding of the English language and the law as a lay person it appears to me that without the Note no bank or lender can make claim that it is the real party in interest. Without the real Note being produced how can a bank make a claim of being the Lender and further, how can the Courts justify all these mortgage foreclosures without proof (a current production of the original Note) of there even being a loan?

With all the different stories of banks selling these Promissory Notes and the various issues of robo-signers of Court papers claiming all the papers to be in order how can our Courts justify any foreclosure without documented proof? Further with all the bailout moneys provided to the Banks how does anyone know if these Banks have not been compensated for their losses? Without seeing a comprehensive financial report from the Foreclosure Judgements?

I believe all mortgages in the State of Pennsylvania contain the following or similar wording, "the debt is evidenced by the Note" shown in some manner and therefore even true lender without producing the Note to evidence their claim? If the Bank does not have the Note to validate their claim how can there be a valid judgment of foreclosure?

Do we have real justice in our county courts by expediting these foreclosure cases without the production of verified available documented proof?


Patrick Lynch

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