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Opinion: California Supreme Court Decision Forces Homeowners to Seek Help from U.S Supreme Court

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RISMedia, May 28 2011—Recently, the California Supreme Court denied a petition for review from a homeowner who is fighting to keep his property from being taken from him and his family through foreclosure. The Court chose not to review a 4th Appellate District Court decision that upheld the right of the Mortgage Electronic Registration Systems to the deed of trust on the home, giving MERS the right to foreclose. The decision, in effect, denied homeowners due process. The following statement can be attributed to Ehud Gersten, Esq., the attorney who petitioned the court.

“The California Court of Appeal, and now the California Supreme Court by failing to provide review, have stated that they are upholding existing laws regarding how one forecloses in California, but they may have opened the door to allow large commercial and Wall Street banks, MERS and scam artists to take away the homes of Californians without leaving homeowners any right to question those actions in a court of law.

“For years now, it appears that several major banks, lenders, and servicing companies, all operating nationwide, have defrauded, lied, manipulated and cheated the American homeowner of both their homes, their money, and their tax dollars. With each passing day, especially in the last few months, more evidence has emerged of the extent to which this fraud has been perpetrated on the American public, most specifically the American homeowner.

“Around the country, Courts in various jurisdictions such as Massachusetts, Florida, Arkansas, Missouri, New York, Arizona, Texas and Nebraska have taken a stand to protect the rights of homeowners. Yet with the recent decisions by the highest courts in California—a state that has long been a trailblazer in defending and promoting the rights of Californians, on important progressive issues—from civil rights to the environment– the Courts appear to have failed when it comes to defending homeowners from the possibility of fraudulent foreclosures.

“California homeowners deserve to know that the Courts are there to protect them, to make sure that the laws are applied to protect them against exactly the type of fraudulent activities that we are now discovering are so rampant both in our state and nationwide. Now we will take this cause to the US Supreme Court in hopes that they will correct this error in order to protect the property and due process rights of the citizens of California and to uphold the language and spirit of California foreclosure laws.”

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