On January 4, 2012 , Gersten Law Group filed another case with the United States Supreme Court. The case, Riley vs. America’s Wholesale Lender et al., is the Second case that Gersten Law has filed with the country’s Supreme Court. The first case was the Gomes case, and was the first known mortgage litigation case to reach the US Supreme Court.
The Riley case asks a very simple question:
California courts do not permit a borrower tochallenge the authority of the entity foreclosing on her loan once non-judicial foreclosure begins. Does the California courts’ refusal to allow a borrower to sue for declaratory relief to challenge the foreclosing entity’s authority before foreclosure begins thus constitute a violation of the borrower’s right to due process of law?
You can check out the docket listing here http://www.supremecourt.gov/Search.aspx?FileName=/docketfiles/11-875.htm
And here is the petition filed with the Court
Cert Petition with US Supreme Court (Riley)
Housing Wire Ran This Story Today
Check it out HERE
Gomes vs. Countrywide, the case where I represent Jose Gomes, has now officially been filed with the United States Supreme Court!
Let’s see what the Supreme Court does with it and hopefuly they will right the wrong that has been done to Mr. Gomes, and to so many other homeowners in California and around the country.
I have attached the Petition that was filed with the Supreme Court should anyone be interested in reading it
Petition for Certiorari with US Supreme Court – PDF document
Most people would probably think that after being caught red handed for robosigning, participating banks and servicing companies would stop their fraudulent practices. Well, I guess these banks and servicing companies don’t really care. A new expose from Reuters shows that they continue to foreclose on people’s homes around the country, using fraud practices on homeowners’ mortgages.
Check out this report, and see how the big foreclosure fraud apparently continues….
The California Progress asked me to submit an article about the recent Gomes case, why we’re planning on taking the case to the US Supreme Court, and what the future for foreclosure laws and homeowner rights in California may hold.
Click here to read my article in California Progress Report
Great decision from the Central District of California! this was decided June 24, 2011
Sacchi vs. MERS
If you’re interested in the recent historical details of the case against MERS — Who is the defendant in my pending Supreme Court case– Here’s a great PDF article from Cardoza Law THE CASE AGAINST ALLOWING MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INC. (MERS) TO INITIATE FORECLOSURE PROCEEDINGS — that explains it really well
“Debtors in a wrongful foreclosure suit are in a real Catch-22,” says Ehud Gersten of San Diego, who is petitioning for state Supreme Court review of the Gomes decision. “The defendants simply file a demurrer, the case never reaches discovery, and the debtor has no way of tracking the chain of title assignments.”
If you’re facing wrongful foreclosure, you do have options.
Listen to my interview free in which I’ll tell you exactly what you need to do if you’re thinking to yourself “I Want to Stay In My Home”.
Statement
For Immediate Release May 25, 2011
Contact: Allyson Wilson press@gerstenforeclosurelaw.com
CALIFORNIA SUPREME COURT DECISION FORCES HOMEOWNERS TO SEEK HELP FROM U.S. SUPREME COURT
SAN DIEGO, CA (May 25, 2011) –This week the California Supreme Court denied a petition for review from a homeowner who is fighting to keep his property from being taken from him and his family through foreclosure. The Court chose not to review a 4th Appellate District Court decision that upheld the right of the Mortgage Electronic Registration Systems to the deed of trust on the home, giving MERS the right to foreclose. The decision, in effect, denied homeowners due process. The following statement can be attributed to Ehud Gersten, Esq., the attorney who petitioned the court.
“The California Court of Appeal, and now the California Supreme Court by failing to provide review, have stated that they are upholding existing laws regarding how one forecloses in California, but they may have opened the door to allow large commercial and Wall Street banks, MERS and scam artists, to take away the homes of Californians without leaving homeowners any right to question those actions in a court of law.
“For years now, it appears that several major banks, lenders, and servicing companies, all operating nationwide, have defrauded, lied, manipulated and cheated the American homeowner of both their homes, their money, and their tax dollars. With each passing day, especially in the last few months, more evidence has emerged of the extent to which this fraud has been perpetrated on the American public, most specifically the American homeowner.
“Around the country, Courts in various jurisdictions such as Massachusetts, Florida, Arkansas, Missouri, New York, Arizona, Texas and Nebraska have taken a stand to protect the rights of homeowners. Yet with the recent decisions by the highest courts in California—a state that has long been a trailblazer in defending and promoting the rights of Californians, on important progressive issues—from civil rights to the environment– the Courts appear to have failed when it comes to defending homeowners from the possibility of fraudulent foreclosures.
“California homeowners deserve to know that The Courts are there to protect them, to make sure that the laws are applied to protect them against exactly the type of fraudulent activities that we are now discovering are so rampant both in our state and nationwide. Now we will take this cause to the US Supreme Court in hopes that they will correct this error in order to protect the property and due process rights of the citizens of California and to uphold the language and spirit of California foreclosure laws.”
