The banks, who actually control this mess, have resorted to using fabricated documents entitled “Powers of Attorney” or worse, simply claiming that a party is the “attorney in fact.” The courts are starting to wake up. In this case the NJ court questioned how the agents (MERS and DiTech) could sign anything for an entity that went out of business 4 years earlier. All lawyers know that such agencies or powers expire with the death of the grantor.
But the banks persist in this strategy because they can’t prove the simpler path of tracing the transactions up to and including the designated named foreclosing party.
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THIS ARTICLE IS NOT A LEGAL OPINION UPON…
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