• Steve H. Hanke
    05/04/2016 - 08:00
    Authored by Steve H. Hanke of The Johns Hopkins University. Follow him on Twitter @Steve_Hanke. A few weeks ago, the Monetary Authority of Singapore (MAS) sprang a surprise. It announced that a...

"Foreclosure Mill" Order to Show Cause Why Ben Ezra & Katz Should Not be Held in Contempt of Court

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Sat, 02/12/2011 - 03:34 | 955371 ebworthen
ebworthen's picture

 

Crooks.

 

More hangings, less bullshit.

 

Fri, 02/11/2011 - 21:54 | 954894 UncleFurker
UncleFurker's picture

 

Put. The. Fuckers. In. Jail.

 

 

Sat, 02/12/2011 - 02:54 | 955346 downwiththebanks
downwiththebanks's picture

Seize. Capital.

Fri, 02/11/2011 - 20:34 | 954692 Korg
Korg's picture

Maybe not a free house but he could now quiet title, then sell the house, pocket the money or buy gold bullion...just keep the money out of the banking system and then when they try to collect the UNsecured money owed you tel em to fuck off.... wait 6 months, then declare BK chapter 7.

Then buy another house free and clear!

Sat, 02/12/2011 - 10:12 | 955567 MachoMan
MachoMan's picture

The sword of justice cuts both ways and your advise would probably not only prohibit the debtor from receiving a discharge, but also face various criminal charges...

Fri, 02/11/2011 - 20:02 | 954607 DOT
DOT's picture

Where are the Feds ? This smells of RICO violations, interstate

fraud, mail fraud, ect. Jail these Fucks !

Sat, 02/12/2011 - 00:53 | 955179 Freddie
Freddie's picture

"Where are the Feds ?"  These people are attorneys - the law does not apply to them. They get a free pass like most democrats.

Laws?  LOL!  We don't need no stinkin laws!

 

Laws are for the little people who pay taxes.

Sat, 02/12/2011 - 01:46 | 955267 snowball777
snowball777's picture

Partisan troll is partisan.

Sat, 02/12/2011 - 02:38 | 955328 jeff montanye
jeff montanye's picture

i mean really!

Fri, 02/11/2011 - 19:50 | 954574 bunkermeatheadp...
bunkermeatheadprogeny's picture

Ok, so you post an article with a copy and paste of an order, and a Batman BAM.

How about some follow up?

Did the attorneys show up on February 11 as required in the order?

Fri, 02/11/2011 - 18:26 | 954365 Misean
Misean's picture

"Court attempted to  contact Ben-Ezra &  Katz  to  address  this matter  during hearing,  but was unable  to get anyone on  the  telephone."

Did they use the prefix

011 972

first? Might help.

Fri, 02/11/2011 - 17:32 | 954181 Buck Johnson
Buck Johnson's picture

When your thrown under the bus, you get thrown under and three more buses roll over you.  Prepare to see more of this in the very near future.

Fri, 02/11/2011 - 17:18 | 954134 topcallingtroll
topcallingtroll's picture

All this does is slow the foreclosure process. That is fine. It might help the housing market a bit at the margin. Banks shouldnt commit forgery. There are other slower ways to kick deadbeats out of their homes, but grifters can keep dreaming for that free house. I suspect they will 99 percent be shit outa luck. I have found it complicates my life less to pay my mortgage on time.

Fri, 02/11/2011 - 18:53 | 954428 Amabo Kcarab
Amabo Kcarab's picture

As has been pointed out COUNTLESS times there will be no "free houses"

 

The plaintiffs case was desmissed WITH prejuduce, but the obligation to pay the amount owed still stands.  Someone will eventually get the house.  The judge did nothing more then set a precedent to sever the money owed from its security instrument, (house).

 

This has EVERYTHING to do with due process of law. 

Sat, 02/12/2011 - 02:37 | 955326 jeff montanye
jeff montanye's picture

so if the money owed is severed from the security instrument (house) how does the one owed get the house? debtors can't have their homestead seized for non payment of unsecured debts in florida, i believe.

Sat, 02/12/2011 - 12:33 | 955731 goodrich4bk
goodrich4bk's picture

The bank just loses its consensual lien.  As described below, if the actual note obligee, or its proper assignee, sues the deadbeat borrower for breach of contract, they will get a judgment.  The judgment can be enforced against the borrower's property, including the home, by writ of execution.  This creates a non-consensual judgment lien.  If the borrower files BK, there is a big difference between the treatment a consensual lienholder would receive in that BK vs. a non-consenual lienholder.

If the bank still had its consensual lien via its mortgage, the terms of that mortgage and the underlying debt cannot be modified in BK.  Rather, the borrower's only recourse is to "cure" the arrears over time, usually not more than 5 years.  Nor can the borrower "cramdown" the mortgage to the fair value of the property.

In contrast, with only a non-consenual judgment lien on his home, the borrower can reduce the amount of the lien to the fair value of the home and treat the deficiency balance as an unsecured claim, paying nothing or only cents on the dollar, depending on whether the borrower has any other assets or disposable income.  Moreover, the borrower's homestead exemption comes ahead of the bank's lien.

This is why these cases are just.  To obtain the benefits of a consensual lien, a bank ought to follow the law.  When it doesn't, the borrower doesn't receive a windfall.  Rather, the bank is merely left to the same remedies for breach of contract as, say, a credit card company.  

Sat, 02/12/2011 - 10:14 | 955565 MachoMan
MachoMan's picture

File a suit for breach of contract...  given it is a gutlock case, then you can garnish their wages, take their inheritance, cling to any payments from trusts, get a writ of possession for their belongings...  cars...  boats...  outhouses...  jewelry...  once the judgment is entered, they'll have a few weeks to file a statement of their assets...  lying on this statement is a surefire way to be in contempt.

The big issue is whether the state allows a deficiency...  why would a debtor want an underwater house back? lol.  (the banks dont want it either).  The question is who has to eat the difference between the present market value and the amount owed against it.  Even if homesteads are exempt, a debt collector can make your life hell and ensure that you literally have no way of paying for food in an inflationary environment...  the debtors would be fools not to give the house away to the bank.  Hell, they can come back and purchase the damn thing for pennies on the dollar if they want...  or have someone else buy it and rent it.

In short, so what if they can't have their house seized...  they'll get everything else seized...  their employers (if they have any) will be notified of their delinquencies...  their family members...  probably even the public at large when things get auctioned (if not already via previous notice associated with the lawsuit)...  more than one way to skin a cat.

Fri, 02/11/2011 - 17:30 | 954175 snowball777
snowball777's picture

We're gonna laugh when you get served with your eviction notice and have to fight these bastards too.

What makes you think they give a shit if you've paid your note this month?

Fri, 02/11/2011 - 17:58 | 954272 flacorps
flacorps's picture

in the great depression they would call the note just to get the performing loan liquidated. what makes you think that won't happen again?

Fri, 02/11/2011 - 17:11 | 954106 flacorps
flacorps's picture

A search on myfloridacounty.com will show numerous cases where Fannie Mae's ownership of properties is obscured by its having been put into a Ben Ezra trust (don't forget to use "ben erza" as a search term ... court clerks can't type worth beans.

What do you want to be that when a property is in a trust, it doesn't get carried in the "REO" category on the owner's balance sheet, but rather goes into a more innocuous category that it would take a forensic accountant to unravel.

Fri, 02/11/2011 - 17:10 | 954099 Northeaster
Northeaster's picture

Haven't seen any mass Disbarments either. This whole thing is rotten to the core.

Sat, 02/12/2011 - 09:57 | 955554 MachoMan
MachoMan's picture

About the only way to get disbarred around here is to steal from clients...  Clearly, these attorneys were diligently representing clients...  In the end, that's what it's all about...  However, there are a myriad of other options available to ethics boards, e.g. suspension, fines, etc.

Fri, 02/11/2011 - 17:10 | 954098 NotApplicable
NotApplicable's picture

So, no contempt?

Fri, 02/11/2011 - 16:51 | 954026 shortus cynicus
shortus cynicus's picture

...to  explain  to  this  Court why  they  should not  be held  in contempt of Court...

Hmm, probably becouse it's "standard industry practice".

By the way, the same should apply to Bernie Maddoff - why was he prosecuted for executing "standard industry practice", big banks do the same, tresury do it, SEC had nothing against it, so where is a problem?

Fri, 02/11/2011 - 16:43 | 954000 par068
par068's picture

Yes, we have lawyers lined up that are more than willing to jump through a hoop 

just to get a job.

Sat, 02/12/2011 - 00:21 | 955138 weinerdog43
weinerdog43's picture

And you are doing exactly what?

Before you complain about the lawyers fighting to beat the banks, perhaps you could point out your efforts to do the same.

Fri, 02/11/2011 - 15:44 | 953799 lexalexander
lexalexander's picture

Well, that's nice and all, but until people start getting indicted and tried and convicted and sentenced and imprisoned for fraud, this shit will keep right on happening.

 

It's the 21st century, which means it's long past time to stop coddling criminals.

Fri, 02/11/2011 - 22:20 | 954940 Bringin It
Bringin It's picture

...indicted, tried, convicted, sentenced and imprisoned for fraud

Agreed.  This is what we wnat to see.

Fri, 02/11/2011 - 17:29 | 954166 snowball777
snowball777's picture

Getting no biz from Fannie and Freddie is almost worse for these leeches (at least in their eyes).

Fri, 02/11/2011 - 16:43 | 953999 unwashedmass
unwashedmass's picture

 

I AGREE. scolding this guy and sending him home does NOTHING.

we need indictments and prison sentences.

until then, hey...so how bout we try to seize that house down the street --- its really nice and i hear they did some fantastic renovations?

Fri, 02/11/2011 - 19:29 | 954514 Fish Gone Bad
Fish Gone Bad's picture

Indictments and prison sentences?  How about a good old fashion caning.

Fri, 02/11/2011 - 23:33 | 955078 jeff montanye
jeff montanye's picture

hot tar and chicken feathers.

Sat, 02/12/2011 - 04:24 | 955401 OldPhart
OldPhart's picture

Rope and Oak.

Fri, 02/11/2011 - 15:25 | 953699 Fred Hayek
Fred Hayek's picture

I don't care who appointed judge Maxine Cohen Lando. I love her.

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