Foreclosures: Cab Owner Seeks Redrees From Foreclosures

December 5th, 2007 | Tags: Foreclosures

Kwaku Atta Poku is a cab owner from Ghana. Foreclosure gobbled up his house although he claims never to have fallen behind. His lawyer, Borison, tired to convince Maryland Court of Appeals judges that they could allow him to legally make up his losses without hampering the real estate rules of the state.

Borison’s contention was that Poku had been placed in a Kafkaesque situation wherein there is an intentional distortion of truth by authoritative but unknown bureaucrats. As per the law of the state a foreclosure process can be completed in 15 days but to stall it would require 30 days! If this is not a contradiction then what is? The ramifications of the case are grave for if the verdict is in favour of Poku then the foreclosure rules of Maryland would be basically changed.

Washington Mutual had taken possession of Poku’s town house and resold it about two years ago. MacFayden arguing for Washington Mutual said that a ruling in favour of Poku would reverse a foreclosure that was legal and tell on the rights of an owner to sell any property with a foreclosure history behind it.

The Judge posed the query to Borison that what he was to do when the fact is that the property was sold. Borison agreed on that point – the house had gone. But what about making up to Poku the financial losses? The prospect is dim because that would raise the issue of the legality of the previous foreclosure.

Poku is straightforward in his claims. He went to Washington Mutual for refinancing and paid a cheque for it clearing the first mortgage. Washington Mutual denies having received the cheque saying they have lost many important documents. Thus Poku could not prove that they had received it.

Judge Cathell queried that if it is admitted that a wrong had been done – how could one correct it? How can a sale be ratified and not ratified? There is a strong suspicion that the money has been embezzled. Poku could have demanded justice earlier but he tried but failed to get a licensed lawyer before the foreclosure and subsequent sale had been speedily dispensed with.

The case brings to the forefront the technicalities of justice versus the human side of any case. The company is trying to come to a settlement with Poku.

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