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Published on Mar 12, 2011
Millions of homeowners who have lost their homes through foreclosure now have a way to recover their homes (if still owned or controlled by the bank) and damages for wrongful foreclosure. Homeowners need to move or file action to vacate the judgment of foreclosure based on newly-discovered evidence by them, consisting of (i) no original note; (ii) deliberate destruction of note by MERS; (iii) bank's use of fraudulent affidavits and failure to comply with other state-law requirements; (iv) bank's deceptive, fraudulent dual-track loan modification program designed to put homeowners into default to enable the bank to foreclose; and (v) breach of contract by bank and breach of implied covenant of good faith and fair dealing by bank. See proposed agreement dated 3/3/11 between 50-state Attorneys General and the 5 main banks for additional details of what the banks have been doing. The agreement is available at carlperson.com/agreement.pdf