Is this the break that millions of people have been hoping for?
Evidence continues to mount that major banks flouted their own foreclosure procedures — and possibly the law — when repossessing homes from owners who fell behind on payments.
And that begs the question: Can owners who were wrongfully evicted take their home back? ...
Experts say that very few homeowners will ever get their houses back. The possible exception: The handful of people who were wrongfully swept up by the mortgage tsunami, despite the fact that they were current on their payments.
But getting a judge to unwind a foreclosure is tough.
"The law imposes a very heavy burden on those seeking to attack final court judgments," says Robert Lawless, a professor at the University of Illinois College of Law.
If a court does rule a foreclosure invalid, either because the lender didn't have the paperwork in order or because the mortgage was not actually in default, a home's title will revert to the original owner, even if the property has since been purchased by a third party. ...
But one thing is clear: If the original homeowner doesn't have the cash to catch up on the mortgage, the lender will restart the foreclosure process and, with the paperwork in order this time, repossess the house.
Thursday, October 21, 2010
Will foreclosed homeowners get their homes back?
Regarding the recent foreclosure scandal CNN Money says, "Forget it. You're not getting your house back."