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Mortgage lenders Bank of America, J.P. Morgan and GMAC Mortgage unit have taken action to suspend or review foreclosure paperwork include New Jersey.

By Frank Marciano, Esq.

In an effort to mortgage out America?s future at ever increasing speeds, the Banks and mortgage companies apparently forgot to do their homework.  Missing signatures, missing documents even totally missing files are preventing lenders from proving their cases in a Court of Law.  For all the bad things that can be said about the judicial system it is pretty gratifying to see the Courts of America not buckling under the pressure of these huge institutions as they try to crush America homeowners.  It a lot like the Baseball players that get in trouble with steroids while the Baseball Club owners who benefited from the increase business and value that the steroid players made for them just seem above it all.  But in the Courts where justice is Blind, the big Lenders have to prove their case like any other litigant.  This is truly and exciting time in the world of Real Estate, What happens when a bank cant prove in a court of law that they own a mortgage and then cant foreclose.  Can the homeowner just walk away, Its all new due to the digitization of the mortgage process.  All I can say is that in all my years of practice I have never seen such disarray in the mortgage process. Of course it hurts new loan applicants since the Lenders are now crossing their T?s and dotting their I?s three or four time before they release a loan from underwriting but is great to see that the Banks cannot just bully are court system into taking over the homes of hardworking Americans.  Stay Tuned Hoboken for what is sure to be an interesting year!!

Full post as published by Hoboken Law Blog on October 04, 2010 (boomark / email).