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Roy Oppenheim on HuffPost Live ‘If They Don’t Have The Right To Appear in Court’

By Oppenheim Law on Foreclosure, News & Media, Real Estate & Roy Oppenheim

Back to Lee situation, I probably would… And I’m not a California lawyer, but certainly, here in Florida, we would wanted to have considered defending that foreclosure and looking for every single possible thing that the banks did wrong in handling that loan. And you would be shocked how frequently we find things that are just wrong and because they’re wrong, they may not even have the right to be in court. And if they don’t have the right to be in the court, then they don’t have the right to foreclose.

And so, this is what I’m talking about. And until recently, the courts just refused to acknowledge the possibility that the banks did not handle their paper properly, that the paper is in fact not properly transferable, that the transfers were done through fraud, that the transfers were done through plagiarism, that the transfers were done by people signing affidavits that were illegal. The transfers were done by notaries who weren’t notaries. I mean, I can go on. The list is just unbelievable.

We’ve seen it all here, and I will say that at least in Florida, we have finally seen a situation where the judges now recognize that they may have been sold a bill of goods as judges and that they were believing the stuff that the banks were bringing to them, because it was inconceivable to them that these were venerable institutions on Wall Street. And their lawyers could possibly have pulled the wool over them, time and time and time again.