The Myth of the Free House

Mar 22, 2016 | Foreclosure, Real Court Stories, Stuff you may not know

About a month or so ago, news came down about a California Appeals Court decision where the court recognized that a mortgage company/bank suing for foreclosure could not produce the note and had used robo-signing on documents.

The court lambasted the bank and awarded considerable damages to the former homeowners – the house had been foreclosed on years earlier and sold.

The decision set off a barrage of Internet invective and off the wall speculation – i.e., use this case as a template, end up with a free house.

There’s a lot wrong with this. First, maybe foremost, the decision in this case is based solely on on the facts of the case. It’s not your Starbucks card, it’s not transferable. Second, this decision represents years of litigation and immense legal fees.

Then there’s the free house. You know, scare off the mortgage company, make them so flummoxed by the legal brilliance you’ve taken from your careful reading of the California decision and stop them in their tracks.

Perfect, right? Well, perfect only in the sense that you and your family and your descendants want to live in the house forever. Because ,that’s what you’re signing up for.

I’ve heard of someone in Central Connecticut who has, indeed, pulled this off. Has so intimidated the mortgage company and mortgage company lawyers that they defaulted on his case and walked away.

He got his house. In name only. What he doesn’t have and never will have is a clear title. He does not pay a mortgage, he does pay property taxes. He cannot do any of the things people with clear title can do – sell, refinance, nothing.

The free house isn’t really free. It’s a ticking time bomb and it’s an anchor … unless they are willing to walk away from it. Then it’s the neighbors’ problem.

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I’ll talk to anyone who is currently behind on their mortgage, thinks they may not be able to afford their mortgage in the coming months, or is already in foreclosure. The earlier we talk, the more options you have.

… Sarah Poriss.

Sarah Poriss, Attorney at Law, LLC is the largest woman-owned foreclosure defense law firm in Connecticut, providing homeowners with quality legal counsel in foreclosure mediation and foreclosure defense.

Working at Consumer Law Group in Rocky Hill, Connecticut for four years, Sarah specialized in representing consumers facing financial crises like debt collection harassment and identity theft. Upon opening her own office, she expanded her focus to defending consumers sued by credit card companies and representing homeowners in foreclosure.

Sarah has elevated her practice by exclusively representing clients with money issues. She played a crucial role in drafting foreclosure mediation rules as a member of Connecticut’s Bench-Bar Foreclosure Committee for seven years.

Additionally, she contributed to the Bench-Bar Small Claims Committee to enhance clarity in small claims proceedings and ensure debt collectors provide substantial evidence to win cases.

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