As we reported here on April 26th, the Michigan Court of Appeals handed down a ruling that pretty much shuts down non-judicial foreclosures by MERS in Michigan. As we indicated at the time, this is probably the most sweeping mortgage foreclosure case since Ibanez and has even further reaching consequences than any of the other MERS decisions handed down this year. (See Residential Funding LLC v. Saurman, Case No. 290248 ).
As we had hoped at the time, this means things are a-changin’ in Michigan. Since appellate court rulings set precedent in their respective states, lower courts are now required to take their cues from this case when hearing foreclosure suits before them. Now it is just a matter of getting suits filed on behalf of wronged homeowners.
Taking the lead in this regard is Justin Grove of the Dailey Law Firm, P.C. in Royal Oak, Michigan. In addition to filing a class action lawsuit against Bank of America, Justin has now filed more than 15 actions to quiet title. While these suits will take time, and there are no guarantees, the precedent now set by the Michigan Court of Appeals has given these homeowners a shot at leveling the playing field against the rampant and prolific number of fraudulent foreclosures perpetrated by the big mortgage banks in this state.
Just as important, is that the Dailey Law Firm is getting the word out about the fraud and corruption. They’re bending more than a few ears, too. With a weekly radio program airing in two markets, Detroit and Chicago, they are educating homeowners in a vast portion of the Midwest on two of the biggest mega-watt radio stations, WJR and WLS.
In the past couple of years, almost as many scam law firms have sprung up taking advantage of homeowners, as there are fraudulent mortgage companies. Unfortunately, an unsuspecting homeowner, desperate for help, may not recognize a scam when they see one. A page everyone should bookmark and keep for reference for helping to spot a scam is READ THIS FIRST — DON’T GET SCAMMED! This is also permanently linked on our Links page here on FedUpUSA.
However, let me assure you that Justin Grove and the Dailey Law Firm, P.C. are no scam. They’ve not only done their homework, but as the Founder and Director of FedUpUSA, I’m going to personally vouch for their integrity. Much of their work in this area to date has essentially been pro bono. Filing suits on behalf of homeowners in foreclosure in a non-judicial state with absolutely no case precedent for defense, is a heck of a long shot. Yet, they did it anyway. Why? Because fraud is a crime, but it is not a crime to default on a debt.
As we’ve said before, this isn’t about anyone getting a free home; this is about the rule of law. Those rules have been thrown three sheets to the wind in the past 4 years. Property law has been violated by the banks; rules of accounting have been violated and circumvented (much with the blessing of Congress making special ‘exceptions’); and tax law has been completely thrown out the window, which has resulted in horrific losses of revenue for municipalities. All of this is FRAUD. Yet, no one has gone to jail. Sure, there’ve been fines handed out here and there, but no one has been prosecuted — but many people have lost their homes, and a good portion of those have been the lenders utilizing the aforementioned methods of fraud.
So where does it end? That’s the question we here at FedUpUSA have been asking since April of 2008. Perhaps it ends when good people no longer remain silent and good attorneys are willing to stand up and say, ‘You know, there’s no point in my having a job, no point to my profession, unless the rule of law can actually be restored and followed.’ Justin Grove is one of those lawyers.
So, if you’re facing foreclosure, if you’re worried about the chain of title to your home, if you know MERS is part of that chain of title, tune in to The Law Show With Brian Dailey. Get educated, and if you’re in Michigan and MERS has initiated foreclosure proceedings on your home, then call the Dailey Law firm.: (248) 744-5005 or (866) 66-Lawyer (866-665-2993)
FedUpUSA will be featuring permanent links to The Law Show in our side bar and the Dailey Law Firm, P.C. contact information can be found on our Links page.
Live Video Stream DETROIT Sunday 11:00 AM Eastern:
Live Video Stream CHICAGO Saturday 10:00 AM Central:
And in case you missed it, Justin Grove talked foreclosures and the recent Michigan Appeals Court ruling on their May 8, 2011 show. Give a listen.
Justin Grove, Esq.