and that means a good defense to many of you embroiled in Foreclosures since if a bank sold a mortgage to Fannie Mae and Fannie Mae is in receivership, that means the servicing agent must get the permission of the receiver to file and prosecute a foreclosure, which is never done, at least to my knowledge.
So, don’t be shy and explore this option with your foreclosure attorney if you are in foreclosure.
FOR IMMEDIATE RELEASE
January 22, 2015
Elkhart County Indiana: A WARD’S LAMENT
A ‘ward’ is a person or entity who has, like Fannie Mae and Freddie Mac, been placed under conservatorship/guardianship, and in a clash of two opposing wardships an Indiana resident under guardianship has sued Fannie Mae who is under conservatorship of the Federal Housing Finance Agency.
On January 20, 2015, Indiana resident Tim Lahrman filed a federal lawsuit in the U.S. District Court for the Northern District of Indiana against the State of Indiana and two Elkhart County Indiana courts for disability discrimination under Title II of the Americans’ With Disabilities Act 1990, and under Count II of the lawsuit Lahrman named Fannie Mae and others for violations of the Fair Housing Act and for engaging in an overt and agreed upon scheme of predatory and discriminatory housing practices designed toward “equity stripping” Lahrman and his companion as American homeowners.
Filed under case no. 3:15-cv-026, the very fact that one ward under guardianship has sued another ward under conservatorship is in and of itself a certain legal rarity but now add to this the fact that Fannie Mae is the defendant and this case has got to qualify as one worthy of keeping an eye on. According to Lahrman, “[A]side of the value of our individual wardship estates, there is simply no rational basis for distinguishing between my wardship from the wardship of Fannie Mae, and if Fannie Mae and its agents can come to the local court to try and take my home, I surely have the same right to come to court to defend my home from the predatory and discriminatory housing practices that are stripping my companion and I of our equity and the continued enjoyment of our fair housing opportunity.” According to Lahrman he has reached out to US Senator Elizabeth Warren who has been critical of the way in which American homeowners’ have been treated by the FHFA conservatorship of Fannie Mae and Freddie Mac, and at the time of this report Lahrman is waiting to hear back from the Senator’s Office in Washington D.C.
Lahrman, who is a nearly thirty year disability rights advocate and among the nation’s leading advocates for reform and accountability in conservatorship/guardianship practices across the country, says he forewarned and alerted both the FHFA conservator and the FHFA Office of Inspector General that Fannie Mae was going to be sued if they did not “put a leash on their dog” GMAC Mortgage LLC and as it is the laments of Lahrman fell on deaf ears at the FHFA and in due course Lahrman filed suit wherein and among other claims, Lahrman alleges that Fannie Mae and its contract mortgage servicers are in fact a nuisance to both Lahrman and the public at large. According to Lahrman, “I lost one corporation, millions of dollars and my two sons to a guardianship years ago, and I’ll be damned if I am going to lose my home to this conservatorship of Fannie Mae who is playing fast and loose with the local courts.” Lahrman, who is likewise a twenty-plus year paralegal says he is working with his local county officials and encouraging them to join the Fair Housing Act lawsuit because Elkhart County Indiana – RV capital of the world – was among the “Hardest Hit” regions in the county during the housing and economic collapse which precipitated the conservatorship of Fannie Mae and Freddie Mac.
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