Judge Stops Bank's Foreclosure Action

On March 6, 2009 a Florida Jurist, Judge Donna Berlin slammed the foreclosure door on Washington Mutual Bank in a mortgage foreclosure case.

Judge Berlin issued an order Canceling Foreclosure Sale and Enjoining Plaintiff from Applying for Sale Date. In this case, it seems that the homeowner was working with WAMU trying to get a loan modification for her mortgage. Unfortunately, WAMU was moving the foreclosure process forward through the court system.

Because the homeowner was talking with WAMU’s home retention dept. it appears that she didn’t take the appropriate actions in the Court to defend herself because of the ongoing loan modification negotiations. But why would she? She was convinced that “her bank” would work with her.

Just a month before on February 6, 2009, the Judge entered an order on February 6, 2009 setting aside a final judgment of foreclosure because of excusable neglect.

Despite that the foreclosure judgment was set aside, it appears that the company representing WAMU went ahead and asked to set a sale date and received a sale date of March 30, 2009. Bear in mind that there is no final judgment at this point.

Judge Berlin gets it! The Judge stopped WAMU from applying for another sale date until they receive a final judgment from the Court.

Over and over again we hear of stories where the bank has played “games” with homeowners who are either in the middle of a loan modification or in the middle of a “short sale” negotiation.

This recession is causing enough problems in this economy without the banks taking back houses every chance they get. When are the banks going to realize that most homeowners WANT to stay in their homes? WAMU boycott the recession with us by helping homeowners stay in their homes!

Homeowners let this story serve as an example of what you shouldn’t do! Do not assume that your mortgage company is working 100% on your behalf. Be mindful that the clock continues to tick on the foreclosure process. If you have a question on the foreclosure process in the state you live in, call your neighborhood housing agency, your local realtor or an Attorney.

And remember to help us Boycott the Recession by helping other homeowners stay in their homes.

Talk to you soon!

You can join us in boycotting this recession by going to www.BoycottTheRecession.org