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Ginger Luznar, who hung gigantic signs in her yard a month ago protesting her foreclosure, is not giving up the fight for her home. The Pembroke Pines woman and her family are at the apex of fraud, she says, blaming banking errors as well as dicey law firms for the murk of homeownership gone awry she’s been navigating for three years.
Next weekend, on April 22, she says she will rehang huge signs in front of her home. She also plans to display an enormous shark on her roof, signifying Deutsche Bank (“They’re predators,” she says), and a robot signifying the Ben-Ezra & Katz law firm (currently under state investigation). “It’s going to look like people who decorate for Christmas, [and it will] cover every square inch of my yard,” Luznar says.
Luznar’s father-in-law is Jimbo Luznar, the 84-year-old owner of Virginia Key landmark Jimbo’s Place.
At his annual birthday celebration last weekend, Ginger set up a tent
adorned with more signs (including one about her bank with an
accompanying photo of Hitler) to inform partygoers about her plight.
She will rehang these in her yard next weekend, alongside dozens of
others.
Luznar, who started a website detailing her case,
says she made all of her payments in accordance with the modification
agreement she negotiated in 2008. She says the bank lost track of her
payments and subsequently foreclosed on her home three times only to
dismiss the proceedings each time. Now, her home is in foreclosure a
fourth time. Luznar says she never received a notice before being told
in March 2010 that she must leave her Pembroke Pines property. In an
emergency hearing, a judge ordered that she could stay in her home until
the situation is sorted out.
The media relations director of Deutch Bank emailed a statement about their involvement in cases like that of the Lunzars (pasted below). (In plain English: Deutsche Bank is the institution backing the mortgage, but the loan servicer — American Home Mortgage Servicing Inc., in the Lunzars’ case — is responsible for processing foreclosures.)
Deutsche Bank National Trust Company acts as trustee for
securitization trusts and, in some cases, as custodian for the mortgage
documents. The trust company itself has no beneficial ownership stake or
interest in the underlying mortgage loans of a securitization. As trustee, the
trust company holds legal title to these loans for the benefit of mortgage
securities investors in the securitization trusts. Pursuant to the contracts for
the different securitization trusts, loan servicing companies, and not the
trustee, are responsible for foreclosure activity, maintenance of foreclosed
properties and resale of foreclosed properties. Loan servicing companies must
fully comply with all federal, state, and local laws and regulations applicable
to these activities.Pursuant to the
aforementioned contracts for securitization trusts, loan servicers, and not the
trustee, are responsible for foreclosure-related legal proceedings. The
attorneys and law firms who oversee foreclosure proceedings on behalf of the
trusts are engaged by loan servicers rather than the trustee. Loan servicers
are obligated to adhere to all legal requirements, and Deutsche Bank, as
trustee, has consistently informed servicers that they are required to execute
these actions in a proper and timely manner.
Below are signs that she hung at Jimbo’s 84th birthday party last weekend and that she says she will post in front of her home next weekend.
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