202278637
SANCHEZ, MARIA DE JESUS (AKA MARIA J SANCHEZ) vs. M&T BANK
DEC 5, 2022 | REPUBLISHED BY LIT: DEC 7, 2022
Dec. 30, 2022 JAN 18, APR 20, 2023
The TRO has expired as no hearing was held and there’s no sign of return of service. This case is quietly percolatin’ as LIT hovers and hovers, and hovers some more…we’ll be checkin’ in regularly.
Whilst Sanchez has resided in the home for a decade prior to the homeowner’s death, the argument presented, without evidence, makes the filing a story, not a legal argument with supporting evidence.
It doesn’t take much to add a death certificate, confirmation of her disability and other supporting evidence of her attempts to negotiate with the mortgage servicer to accept her payments, including her source(s) of income to do so and/or loan application.
Without these documents, courts would call the filing “conclusory and without foundation”, if presented by a non-prisoner.
In this case, however, there is an admission after the death of her mother (the homeowner) five years ago, she is “now selling the home”. That raises all the red flags we’ve been writing about on LIT.
With all the mortgage fraud LIT has uncovered, it’s time it became a rule that the courts must have confirmation by affidavit from the lawyer(s) as to who is pickin’ up the tab for their services in foreclosure and real estate cases and if there is an investor involved in the anticipated purchase of the home.
Here, the court, after a zoom meeting, granted the TRO with a bond of $100.
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