Spotlight On the News with Chuck Stokes – Ken Gross appears to discuss Short Sales and What to Do if You're Underwater in Michigan

Houses Under Water – Solutions for Michiganders – Ken Gross Interviewed by Chuck Stokes – On Spotlight on the News 6/25 Channel 7

Catch TV Broadcast – Ken Gross on Detroit Wants to Know – The Housing Crisis – MERS Foreclosure and Michigan's Expiring Mediation Law

In depth discussion of the MERS Class Action in Michigan as a result of the recent Michigan Court of Appeals decision and the need for Michigan to take action to extend the Foreclosure Mediation Law that is expiring July 5, 2011

Podcast of May 28st Show – Word of the Day – "Uneasy" – Why you should not use a National Tax Service

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IMPORTANT NEWS FOR PERSONS WHOSE HOME HAS BEEN FORECLOSED IN MICHIGAN

Dear Friend, I hope you’re doing well. I’m writing to let you know of a recent Court of Appeals decision decided last month that ruled that foreclosures by advertisement where the foreclosing party is identified as Mortgage Electronic Registration System (also known as “MERS”) rather than in the name of the lender are invalid. As a result of this decision, THAV GROSS has  teamed with two other law firms and filed Class Action lawsuits seeking damages against the lenders that have improperly foreclosed.

We are notifying you of this important decision – in case you know of friends or family members who have been through foreclosure. Assuming the Court of Appeals decision is not reversed or limited by the Supreme Court, we believe that people who have been wrongly foreclosed have a claim that is worth pursuing in the litigation. This litigation does not require the expenditure of any funds by the Class Members for legal fees.  At present, we are looking for Class Representatives to participate in the litigation.

How to Determine if the Foreclosure is Invalid

The key to whether you have a valid claim is determined by looking at the foreclosure notice and Sheriff’s Deed that was generated in the foreclosure process. If you have these documents at home, you need to pull them out. If not, you should go to the Register Deeds Office for the county where the home was and request a complete copy of the Sheriff’s Deed with attachments. Some counties will provide this information via online for a fee.

Invalid Foreclosures

If the foreclosure notice mentions MERS, as the mortgagee, and there is no indication that MERS assigned the mortgage back to the lender then in it is most likely that the foreclosure is invalid.  You can further look at the Sheriff’s Deed. If the “party of the second part” in the heading is listed as MERS and not the name of the lender, then, again, it is likely the foreclosure was invalid.

Foreclosures that Do Not Apply as to this Issue

If, however, MERS is not listed as the mortgagee or there is reference that MERS assigned the mortgage to the lender in the foreclosure note, then the situation does not apply. Similarly, if the “party of the second part” in the heading on the Sheriff’s Deed is the lender, then the situation does not apply.

What Should You Do

If you have the papers, you can email them to me and we’ll look at them to determine if the foreclosure falls within the claim. If you send it via email, be sure to let me know when you purchased the home and the name of the lender. We will contact you after reviewing the documents. Alternatively, you can call our office. Please ask for my assistant, Elizabeth Keating, and she will assist you in the process.

For more information – visit our Website at www.financialcrisistalkcenter.com. The site will continue to post announcement as the process moves forward.

Please forward this email to friend and encourage them to do the same.  Many  good people have been dealt an unfair set of cards in the course of the economic meltdown Michigan has faced the last few years. This may be a chance, for some, to level the playing field.

Sincerely,

Ken GrossTweet

THAV GROSS – Seeks MERS Class Action Members from Western Side of Michigan

“The Class Action is gaining momentum day by day. We are looking to reach victims of foreclosure throughout Michigan and in particular in the Western side of the State,” said Ken Gross, managing shareholder at THAV GROSS. Anyone who knows of a friend or family member who suffered through a foreclosure in the last 6 years is requested to contact Thav Gross at its offices via email or calling direct at 888-235-4357. “Anyone who has been foreclosed by advertisement should investigate whether their claim falls within the class,” said Gross. “They owe it to themselves and their family.”

THAV GROSS – issues statment of purpose behind MERS Michigan Class Action Foreclosure Lawsuit

This lawsuit is about leveling the playing field. The financial institutions caused the housing bubble to be created by pursuing profit motives with no regard to realistic underwriting criteria. When the bubble burst and they were one week from collapsing (going out of business) and causing a World Wide end to financial markets – we, the taxpayers, bailed them out. The government then directed them to pursue policies designed to modify mortgages and avoid foreclosure. Instead, the industry gave lip skink to the requirements – ignoring the directives and choosing to cause millions of homeowners to be played like fish in the process of attempting to modify their mortgages, only to be told at the last minute, “Your paperwork was incomplete, or you didn’t respond timely.” Then bang – the house is sold at the foreclosure sale 2 to 4 weeks later. Motives – it’s easy. The banks, in our perverse world – are better off foreclosing because Fannie Mae and Freddie Mac – have to buy back the mortgages and end up covering the loss – not them. That cost was already at $148 Billion in November, 2010 and is estimated to exceed $280 billion. Guess who is paying for it? The banks, instead of appreciating the fact that we allowed them to stay in business, have simply continued to push the costs of their failure business practices to the taxpayers. Ms. Boser is the Class Representative of those Michiganders – who are the victims of the banks wrongful conduct. If successful, the banks, not the taxpayers, will be forced to absorb the losses they caused and some (but not all) of the people harmed will benefit. Ms. Boser’s and all future class representatives’ actions deserve our best wishes and applause.

Homeowners — At Last .. There is Some Good News ….

IF YOUR HOUSE WAS FORECLOSED – YOU MAYBE ABLE TO STAY IN YOUR HOME AND PURSUE CLAIMS UNDER A RECENT MICHIGAN COURT OF APPEALS DECISION

A decision issued by the Mich. Court of Appeals on April 21, 2011, Residential Funding Co, LLC v Saurman, invalidated the foreclosure by advertisement sales in those cases because MERS was not the owner of the mortgage debt. This means that many foreclosure sales by MERS, if not all, may be invalid. MERS stands for Mortgage Electronic Registration System.Tweet

At present, if your home was foreclosed, you are probably functioning under the assumption that you have 6 months from the date of the foreclosure sale to either redeem the property or vacate. If you do not vacate, typically, the lender institutes eviction proceedings in the District Court where you reside to force you out. THIS NEW CASE (UNLESS IT IS REVERSED OR A NEW LAW IS PASSED) MAY GIVE YOU A DEFENSE TO THE EVICTION PROCEEDING THAT YOU SHOULD BE AWARE OF. If successful, the foreclosure may be voided and the lender would have to start the entire process over if it wishes to foreclose and recover the property.

You need to determine if this new decision applies to you. If it does, we can provide cost effective assistance to help you stay in your home. More important, many people missed opportunities to modify their mortgage and stay in their home by not have proper representation when facing foreclosure. If we are able to assist you in setting aside the foreclosure, more opportunities to retain the home can be explored.  You must act immediately, before it is too late. The time to act is now and the stakes are very great. Please call us today to schedule an immediate free consultation. Call Toll Free at 1-888-235-4357 (HELP).  We look forward to meeting and helping you.Tweet

4/21/2011 – Blockbuster decision by Mich Court of Appeals – Foreclosures where MERS is the mortgagee are invalid

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VIDEO – URGENT – Save this Dog & Michigan from Being Homeless – Help Avoid Foreclosure

Click Here – to Learn About the Need to Save Michigan’s Law that is Expiring 7-5-2011

Ken Gross on Fox 2 News with Robin Schwartz on the latest announcement of help for homeowners …