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There’s a New Sheriff in Town | Christopher Conley, Sheriff of Carroll County NH Announces Criminal Foreclosure Fraud Task Force
There’s a New Sheriff in Town | Christopher Conley, High Sheriff of Carroll County NH Announces Criminal Foreclosure Fraud Task Force
Christopher Conley, High Sheriff of Carroll County NH, holds a press conference at the County complex on 7/2/12. He announces that he is forming a task force to investigate mortgage fraud. Fraud is occurring across the United States. Properties being foreclosed on that are owned outright. Financial institutions that stake claim to a property without a deed. The Sheriff states: "In each case there is no accountability be the financial institution, no one to present a reply, no decision maker to speak with. If you are a property owner and are experiencing any of the above. Contact the Sheriff at CarrollCountysheriff@carrollcountynh.net, Carroll County Sheriff's Office, Attn: Deputy Brian King, PO Box 190, Ossipee, NH 03864, 539-2285 x317
For more see http://www.governmentoversite.com/
Full press release below...
www.4closureFraud.org
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Not to be a dick, but if the foreclosing party is different than the original mortgagee, then you've got a good chance ;) Also, as a general measure, I'd say non-judicial foreclosures are more likely to be fraudulent (although the difference in likelihood is probably smaller than most people think).
The biggest thing that the sheriff needs is a local judiciary that won't take shit from anyone. The problem with fraudulent judicial foreclosures is that courts have already washed their hands with them... granted, fraud on the court can be a reason for setting the judgment aside, but courts don't want to go back and rehash old cases (these are public employees mind you). The courts need to start exercising the contempt power and filling their coffers with money from foreclosing parties. The sheriff needs the courts to back him when the foreclosing parties flip him the bird... "the court already found that we had standing to foreclose, so fuck off"... he'll need the court to have an open mind and be willing to hold the banks' feet to the fire when they won't provide documentation...
Also, before you even get into the standing issue, I'd make for damn sure that proper service was had in each case... my guess is you've either got failure to follow some aspect of your direct service laws (e.g. mail not signed for by the debtor, etc.) or you've got a failure of constructive service (e.g. a warning order that is facially insufficient, e.g. an affidavit for a warning order that doesn't properly describe what steps were taken to ascertain the location of the debtor). Service is a biggie... and, since the service rules are in derogation of common law, strict compliance is generally necessary. You can get into an issue of void vs. voidable foreclosure decrees, but cross that bridge when you get there (it will be their burden to argue it anyway). Many foreclosures are going to be by default... [if you see service by a process server, then chances are you need to just look elsewhere, because the process server isn't going to back up on his service... however, service by mail or by warning order (especially warning order) are going to be a lot easier to pursue].
The thing is, that you've got foreclosure mills doing the SAME THING over and over again... so, if one filing is deficient by the firm, then there's a really good chance many others are deficient. If you find one that is deficient (whether standing or service), then you need to look for that same issue for everything filed by that bank and/or that foreclosure mill/attorney.
If you can shame enough attorneys/foreclosure mills, then you won't even have to police anything... they'll quit foreclosing.
Your local court clerk should help in the search given all of the recording fees skirted by the banks... Might need to cut them in on the scratch recovered though.
If it were me doing it, I'd do the following:
1. Get a copy of your local court rules regarding the process and procedure for warning orders;
2. Scrutinize each foreclosure where service was made by warning order;
3. If you find a warning order that was not issued properly, then search case law to ensure that transgression hasn't been OK'd by your appellate courts (probably not)...
Probably going to catch a lot of folks with this one... I know there are a lot of issues with this in my jurisdiction...
If it was non-judicial, then make a request for their service docs (in addition to their standing/assignment docs)... (these are often conducted by secretaries mind you).
MAYBE IF I WRITE IN CAPS AND PUT THIS IN BOLD SOME ONE OF THESE SMARTCOMMENTERS WILL MENTION IT TO MORE KNOWLEDGEABLE PEOPLE AND SOMEONE WILL GET BACK TO YOU. GOOD LUCK, CHUBBAR. YOU FIGHT THE GOOD FIGHT FOR MANY.
Tom Terrific!!!
Wow, an honest cop who wants to serve and protect. Imagine that. Yeah let's hope he stays safe for sure. The squid had many long reaching tentacles.
This honorable County Sheriff may have just solved his county's housing crisis because I'm sure there will be many people who will want to live anywhere in the USA where the rule of law still applies, and law enforcement enforces it, so that any available homes in the county will soon be bought by good, hard-working decent citizens. Tax revenues will rise as a result. Carroll County, NH will propsper as a result.
I think this Sheriff has just done his county an enormously great service. Godspeed and good luck to him, his task force, and the volunteers.
I wish I lived in Carroll County, NH!!!!
god bless christopher conley!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!! and please dear lord keep him safe!!!!!!!!!
+1
Anyone who thinks banks are not so bad or people not paying are deadbeats - think again. There are cases when you are paid up on commercial mtgs, never a late payment, where you have plenty equity and they will try to throw you in default to steal your property. The Obama Admin and FASB are throwing good commercial mortgages into default for no reason or to force the banks to get a lot of loans off the books.
The shit banks will try to pull is incredible. And no one regulates them to stop them from ripping off people who are paid up. If you are being harassed or ripped off by them - good luck. State regulators will do nothing.
Sorry, can't do that one, I'm afraid. The banks have previously staked a claim to 'doing God's work' and, as such, it falls upon the Almighty to reluctantly disassociate Himself from the proceedings for reasons relating to conflict of interest.
If further clarification is required, please direct all enquiries to Mr. B Elzebub, Hades Associates, 666 Inferno Plaza, corner of Dimon & Blankfein, Hell.
All government really is local... But it's going to be interesting to see how hard the FedGov presses this.