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Americans Against Foreclosure welcome you. Disclaimer: This website is for informational purposes only. All material is protected by their respective owners. AAF NEWS NETWORK © 2015



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ANNOUNCEMENT: Mr. Eric Mesi has accepted the position of President of Americans Against Foreclosures (AAF) and will Lobby in Congress representing millions of homeowners who have lost their homes in unlawful foreclosures across the United States. Eric Mesi can be contacted on his Facebook Page: https://www.facebook.com/etmesi

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WARNING:This website is for homeowners across the United States that are losing or have lost their homes in unlawful foreclosures.

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MARCH ON WASHINGTON, DC

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AAF will write Attorney Generals and the FBI around the USA to request the arrest of all the authors of the criminal acts of Counterfeiting, Fraud, Robo-signing, Forgery, Racketeering, etc. upon the American People by creating and recording these documents on public land records.

In fact one of the largest companies that provided home foreclosure services to lenders across the nation, DocX, has been indicted on forgery charges by a Missouri grand jury — one of the few criminal actions to follow reports of widespread improprieties against homeowners. * Source: http://www.nytimes.com/2012/02/07/business/docx-faces-foreclosure-fraud-charges-in-missouri.html

If you were promised a home loan modification by your Bank and they strung you along for years only to end up foreclosing on your home anyway, we want to hear about it now. Just email our legal team at: aafhelpus@groups.facebook.com or americanforeclosures@yahoo.com and follow us now on Facebook: https://www.facebook.com/groups/126549077390069 or our group: https://www.facebook.com/groups/aafhelpus/ and on Twitter: https://twitter.com/#!/AAFNOW

Need a logo or T-Shirt? Contact Martin ( https://www.facebook.com/martin.marks.908 )

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CASE STUDIES

CALIFORNIA

California Civil Code Section 2932.5 : Where a power to sell real property is given to a mortgagee, or other encumbrancer, in an instrument intended to secure the payment of money, the power is part of the security and vests in any person who by assignment becomes entitled to payment of the money secured by the instrument. The power of sale may be exercised by the assignee if the assignment is duly acknowledged and recorded. ( http://law.onecle.com/california/civil/2932.5.html )

ALABAMA PATTERSON v. GMAC MORTGAGE, LLC

Alabama Court of Civil Appeals.

Decided January 20, 2012.

On appeal, the Patterson's assert, among other things, that the trial court erred in determining that the foreclosure was valid. While the Patterson's’ appeal was pending, this court delivered its decision in Sturdivant v. BAC Home Loans, LP, [Ms. 2100245, Dec. 16, 2011] ___ So. 3d ___ (Ala. Civ. App. 2011).

In Sturdivant, BANK OF AMERICA - BAC Home Loans, LP (“BAC”), initiated foreclosure proceedings on the mortgage encumbering Bessie T. Sturtevant's house before the mortgage had been assigned to BAC.

BAC then held a foreclosure sale at which it purchased Sturtevant's house, and the auctioneer executed a foreclosure deed purporting to convey title to Sturtevant's house to BAC.

BAC was assigned the mortgage the same day as the foreclosure sale.

Thereafter, BAC brought an ejectment action against Sturdivant, claiming that it owned title to her house by virtue of the foreclosure deed. After the trial court entered a summary judgment in favor of BAC, Sturdivant appealed to the supreme court, which transferred her appeal to this court.

We held that BAC lacked authority to foreclose the mortgage because it had not been assigned the mortgage before it initiated foreclosure proceedings and that, therefore, the foreclosure and the foreclosure deed were invalid.

We further held that, because the foreclosure and the foreclosure deed were invalid, BAC did not acquire legal title to Sturtevant's house through the foreclosure deed and thus BAC did not own an interest in the house when it commenced its ejectment action.

We further held that, because BAC did not own any interest in Sturtevant's house when it commenced its ejectment action, BAC did not have standing to bring that action and, consequently, the trial court never acquired subject-matter jurisdiction over the ejectment action.

Because BAC did not have standing to bring its ejectment action and the trial court never acquired jurisdiction over the ejectment action, we held that the judgment of the trial court was void, and we vacated that judgment.

Moreover, because a void judgment will not support an appeal, we dismissed the appeal.

In the case now before us, GMAC Mortgage, like BAC in Sturdivant, had not been assigned the mortgage before it initiated foreclosure proceedings.

Consequently, under our holding in Sturdivant, GMAC Mortgage lacked authority to foreclose the mortgage when it initiated the foreclosure proceedings, and, therefore, the foreclosure and the foreclosure deed upon which GMAC based it ejectment claim are invalid. Moreover, under our holding in Sturdivant, because GMAC Mortgage did not own any interest in the house, it lacked standing to bring its ejectment action against the Patterson's.

Because GMAC Mortgage lacked standing to bring the ejectment action, the trial court never acquired subject-matter jurisdiction over the ejectment action.

Accordingly, the judgment of the trial court is void and is hereby vacated. Moreover, because a void judgment will not support an appeal, we dismiss this appeal. Id.

JUDGMENT VACATED; APPEAL DISMISSED.

Pittman, Thomas, and Moore, JJ., concur.
Thompson, P.J., concurs in the result, with writing.
Bryan, J., dissents, with writing.
THOMPSON, Presiding Judge, concurring in the result.



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