SAN DIEGO ATTORNEY SEEKS REVIEW OF CALIFORNIA HOMEOWNERS RIGHTS CASE FROM U.S. SUPREME COURT
| PRESS RELEASE
For Immediate Release August 18, 2011 |
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SAN DIEGO ATTORNEY SEEKS REVIEW OF CALIFORNIA HOMEOWNERS RIGHTS CASE FROM U.S. SUPREME COURT |
| SAN DIEGO, CA (August 18, 2011)– San Diego based Foreclosure Attorney Ehud Gersten today filed a formal petition with the U.S. Supreme Court seeking an expedited review of “Gomes vs. Countrywide,” a decision that gave Mortgage Electronic Registration Systems (MERS) the right to Foreclose on San Diego homeowner Jose Gomes without allowing Gomes to question if Countrywide actually held the note on his house.
“This will be the first case in the country to petition the nation’s highest court regarding the foreclosure fraud that has taken place, though its emphasis will be specifically on California law,” said said Ehud Gersten, Attorney for Jose Gomes. “The larger picture is the practices and procedures of the largest banks in the country and MERS, the system the banks set up nationally to track the millions of mortgage loans.”
In February, he 4th Appellate District Court of California upheld the rights of MERS to the deed of trust, giving MERS the right to foreclose. The decision, in effect, denies vulnerable homeowners the right to question the foreclosure process.
The troubling ruling was out of step with the national trend. Around the country, Courts in various jurisdictions such as Massachusetts, Florida, Arkansas, Missouri, New York, Arizona, Texas and Nebraska have taken stands to protect the rights of homeowners.
“A home is the biggest purchase most Americans will ever make,” Gersten continued. “It’s an important piece of the American Dream and with foreclosure fraud rampant across the country right now, California homeowners deserve to know that the courts will protect them from ill-reputable and negligent banks engaged in sloppy or downright illegal foreclosure proceedings. We always said we would go to the nation’s highest court for justice if we had to and that’s where we are.”
Record of the filing can be viewed here. ### About Gersten Foreclosure Law |
