Daily Archives: April 23, 2014

Link

MERS Can’t Kill Pa. Deed Recorders’ Class Action

MERS Can’t Kill Pa. Deed Recorders’ Class Action

Law360, Philadelphia (April 22, 2014, 7:02 PM ET) — A Pennsylvania federal judge on Monday upheld the constitutionality of a statute requiring the registration of deeds, in a ruling that keeps alive a class action brought by Pennsylvania counties alleging that Mortgage Electronic Registration Systems Inc. violated the law.

U.S. District Judge J. Curtis Joyner ruled in favor of the counties’ deed recorders, rejecting MERS’ claims that the state law that obligates it to record all mortgage assignments with county deed offices and to pay the attendant recording fees was too vague. 

Link

Family’s foreclosure fight could bring changes in law

Family’s foreclosure fight could bring changes in law

BUFFALO, N.Y. (WIVB) – Bob Rabatoy’s family is fighting in court to keep their home.

“It ain’t the beautiful-est house in the world, but it’s ours,” he says.

His fight could lead to changes in city foreclosure practices.

If you don’t pay your property taxes, your local government can foreclose on it and auction off your property to pay the back taxes, often amounting to thousands of dollars. That happens everywhere.

But in the City of Buffalo, you can lose your home – as the Rabatoys did – over garbage user fees, which in most cases, are only a few hundred dollars.

The case has turned into a call for foreclosure reform in Buffalo, after the city auctioned the family’s home out from under them over $442 in unpaid garbage user fees. Bob and his wife Lillian are now facing the threat of eviction.

“It is going to be very tough,” Bob said. “Where are you going to find a place in the middle of the month?””

The Rabatoys are now in court to keep the New Jersey man who bought the house on Esser Avenue from taking it. A judge has issued an order allowing the family to stay in their Riverside home.

Buffalo attorney Michael Risman is representing the Rabatoys, and their daughter Dawn Gonzales, who owns the Esser Avenue home, with her husband Jose.