Wells Fargo v. Sandra A. Ford is a NJ case that started as a pro se defense to a foreclosure. It ends with Wells Fargo getting spanked by the NJ court of Appeals in what will be a published decision.. At appeal the defendant was represented by Legal Services of NJ, which is similar to Legal Action of WI.
My great interest in foreclose defense cases is twofold.
First I see some of these cases holding the potential of unraveling the entire real estate market by creating hundreds of thousands of “free” homes across the nation. I fear this will cause a second and more dramatic drop in housing prices as once the mortgages are wiped people can sell for practically nothing and make a profit.
Secondly, on a personal level, absent this new legal trend I feel that we are nearing the time to buy again in the two markets I’m interested in (Milwaukee and Miami) I am very concerned that these cases could proceed to a point that properties previously foreclosed upon could revert to the original owner if cases are allowed to be reopened on the basis of fraud on Court by the banks and/or MERS. Wisconsin
§806.07(1)(c) or 806.07(1)(g) would appear to allow cases to be reopened if there were to be a major Wisconsin, Florida or Federal ruling on this in the future. (Florida is one of the states that has a high number of foreclosure cases being lost by the banks)
While title insurance would should cover the cost of the property, would you be able to recover the cost of repairs and improvements?