Ben Carter's Open Letter to Kentucky Judges on Foreclosure

Here.  An excerpt:

Kentucky, thank God, is a state that requires banks to seek judicial approval before taking a homeowner’s house. Some states don’t. I’m writing today to encourage you to apply much stricter scrutiny–both legal and equitable–on foreclosure proceedings than has traditionally been applied. I’m writing to ask you to incorporate alternative dispute resolution in your foreclosure cases that will ensure that the parties have explored in good faith every alternative to foreclosure before granting judgment in favor of foreclosing Plaintiffs. I’m writing to ask you to ensure that the foreclosures inflicted upon the community are only those that are absolutely necessary.

Comments

[Daniel J. Mazaheri, Esquire]

Your point is well taken especially if the case of James and Judy DeHart is considered (savejimmyshome.com). The DeHarts were current with their payments, the bank did NOT foreclose on their home, yet their home was sold at Sheriff Sale. Mistake? Hardly! Daniel J. Mazaheri, Esq., the DeHart's attorney called Milstead & Associates several times giving proof of payments made and proof no foreclosure existed. Wachovia/HomEq was also contacted regarding the facts and status of the DeHarts mortgage. Neither Wachovia nor Milstead cared about the facts. They DEMANDED twenty-two mortgage payments or they'd sell the home. To make matters worse, nine months earlier the DeHarts won their case in the Eastern District of PA Bankruptcy Court, Judge Fehling, and the DeHart's mortgage was, on the record, reduced and a certified check fully reinstating the mortgage was given to Wachovia's attorney. Neither Wachovia nor Milstead dispute that the DeHarts were current with the payments but Milstead denies responsibility because he says Wachovia made him do it. Attorneys for Milstead stated, "He was only doing what the bank told him to do." Nice attorney, huh? Go to wetruth.com and give me your stories and I'll publish them and with my First Amendment Rights go directly after each bank and creditor's attorney. Join the fight.