Missing links in the chain of ownership lead to some foreclosure postings being challenged

Ezequiel Martinez, a San Antonio real estate investor who helps homeowners avoid foreclosure, recently found himself in the same predicament as his clients.

Rather than simply fight to stop the foreclosure on his Live Oak investment home, Martinez filed suit against his lender, saying the mortgage should be voided because of phony loan documents and because he doesn’t think the bank can prove it owns the mortgage note.

If Martinez wins the case, he just might be done making mortgage payments on the house at 7502 Forest Fern.

“We’re not trying to get a free house,” he explained. “We’re trying to save the house from foreclosure fraud.”

Finding that Martinez “will probably prevail” at trial, state District Judge Karen Pozza on Aug. 26 prohibited the foreclosure until the case either is settled or goes to trial in March.

Martinez’s case is one of thousands across the country where homeowners are challenging the validity of foreclosure postings.

Read more: http://www.mysanantonio.com/news/local_news/article/Fighting-foreclosure-and-hoping-for-a-free-house-2176320.php#ixzz1aRfKbUw1