Camden County, New Jersey - With all the foreclosures that have been happening around the nation, this story shows how the Courts have been siding with the banks, turning a blind eye to predatory lending practices, and depriving homeowners of their property.
Currently in front of the District court is a case of first impression. The parties involved are a title company who provided settlement services, law firm who represented the lending bank in the state foreclosure action, Superior Court of New Jersey, a judge and two judiciary employees. The case currently under No. 1:11-cv-05110 alleges that the Superior Court of New Jersey had full knowledge that the borrower was a victim of predatory lending practices but still foreclosed.
Exhibits attached to the federal complaint show that an expert witness evaluated the mortgage loan and found several violations of the Truth in Lending Act, Real Estate Settlement Procedural Act, Regulation Z, and Home Ownership Equity Protection Act. In a nut shell the borrower was never sent any of the federally required disclosure documents prior to, during and after the closing of the mortgage. The borrower signed a 1003 Universal Residential Loan Application for a thirty year fixed rate mortgage but instead was given a five year balloon note mortgage.
Exhibits of the transcripts of the motion for summary judgment in the state courts were attached to the complaint. The transcripts show that the state court judge witnesses all that was previously stated, but on top of that the court attempted to coerce the borrower on several occasions to drop his counterclaim against the bank and work out a deal to get the mortgage he originally applied for. Since the borrower would not, the state court foreclosed.