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cfortunato, Attorney
Category: Bankruptcy Law
Satisfied Customers: 8023
Experience:  Bankruptcy professor.
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I am fighting foreclosure in civil court and am told that the

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I am fighting foreclosure in civil court and am told that the Plaintiff does not have to PROVE anything as far as standing to foreclose judicially. Even though the transfer was undeniably fraudulent. They only have to present the note. I'm wondering if it is any different in bankruptcy court. The note was sold as a security, so it should not even exist, so why wouldn't the other side have to prove standing and a valid chain of title?
Submitted: 2 years ago.
Category: Bankruptcy Law
Expert:  Fran-mod replied 2 years ago.
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Expert:  cfortunato replied 2 years ago.
Hi - my name is XXXXX XXXXX I'm a Bankruptcy attorney here to assist you.

Bankruptcy court will not consider whether or not a mortgage was fraudulently transferred and therefore invalid - unless the result will be more equity for your creditors.
In other words, if determining that your mortgage is invalid will result in more home equity for you for the Bankruptcy estate, then the Bankruptcy trustee can handle the claim that the mortgage is not valid.
However, the method of determining whether or not the mortgage is invalid would be the same in either court.
I think this is what you wanted to know. If not, please let me know. Thank you.
Customer: replied 2 years ago.

Ummm... . no I don't think that's quite it. The mortgage IS invalid. It was robosigned by a non existent (MERS) secretary, and robo notarized with the "secretary's" name not even written in. That in itself should void it, but It was also sold as a security....and securities can't be bought back once they are a stock. At the time of sale the note is derecognized, and should not even EXIST. For the stock and the note to exist at the same time is securities fraud. And once a stock is sold to investors, it can't be switched out and made into a note again.


In any case, the Plaintiff is suing for foreclosure with this null and void note which he intends to produce, and the judge has forwarned me that that is all he will need to foreclose, and the MERS arguments won't be heard because they won't apply to his rights as a holder of the note. (Which again should be null.) Just thinking a bankruptcy court should take more of an interest in siding with the note being invalid, especially since as you mentioned it will be more equity for my creditors.


If the Plaintiff wins his SJ, am I still able to take it up as fraud in bankruptcy, or do I have to file an appeal and then go to bankruptcy?

Expert:  cfortunato replied 2 years ago.
If the plaintiff wins the case, you can file a Bankruptcy right away. If the Bankruptcy trustee thinks it worthwhile, the trustee will file the appeal in civil court.
cfortunato, Attorney
Category: Bankruptcy Law
Satisfied Customers: 8023
Experience: Bankruptcy professor.
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