Neighbor Buys Woman’s Home At Foreclosure Auction To Expand Their Garden
Robert Gold, Cape Cod Times
The best intentions and the vocal support of the local Occupy movement couldn’t stop Sandy Schaefer-Ung’s home from being auctioned on Wednesday – but the South Orleans woman still holds out hope that a lawsuit will let her keep her home.
On Wednesday afternoon, Schaefer-Ung sat in her front yard with freshly made sandwiches for her crowd of supporters.
A group of about 20 people marched in her driveway, opposing the scheduled auction of her foreclosed home.
“Banks got bailed out, we got sold out,” chanted the group, which included several Occupy Cape Cod and Occupy Falmouth members.
“I’m so proud of them,” Schaefer-Ung said, watching the group moments before the scheduled auction.
This was the third time the auction was scheduled since June at the 38 Tar Kiln Road property, with both other events postponed.
Schaefer-Ung’s lawyer, Jamie Ranney of Nantucket, filed a lawsuit in Land Court earlier in the day, arguing that U.S. Bank couldn’t prove it was the proper mortgagee.
In the filing, Schaefer-Ung “denies that U.S. Bank or any other respondent possesses or can establish a lawful and valid chain of title to any mortgage, note, or any other interests in the premises that may have been originally granted” by her.
Ranney said the promissory note he received was a photocopy which, he said, the line saying “pay to the order of” is blank.
According to a recent decision by the Massachusetts Supreme Judicial Court, the lender trying to foreclose must hold both the mortgage and promissory note, which is proof of the debt.
In this case, Homeward Residential manages the loan, which was assigned to U.S. Bank through Mortgage Electronic Registration Systems.