Article Courtesy of The Palm
By Kimberley Miller
Published November 28, 2014
A 90-year-old man facing
foreclosure on a Boynton Beach home he no longer owns is off the hook
after his mortgage servicer decided to pursue another party in the case.
Abraham Maisner, who owned a 3,200-square-foot home in Valencia Lakes,
went into foreclosure in 2012 after failing to make payments since May
2010. Maisner sold the home in September for $405,000, more than enough
to pay off the principal balance given to his attorneys by the lender.
But the payoff balance was off about $42,000 and Maisner was left
holding the bag once it was realized the payoff amount was just a
preliminary statement, not the full payout. Even the new homeowners were
named in the foreclosure lawsuit.
The Palm Beach Post wrote about the predicament
After a hearing on Friday, mortgage servicer Rushmore Loan Management
Services told The Post it will stop pursuing Maisner, now in a
retirement home, for the money.
“Given Mr. Maisner was not responsible for the error, the owner of the
loan has decided not to pursue a recovery from him or the new homeowner,
but will instead work to achieve a resolution with the professionals
involved in the sale,” a statement from Rushmore said.
90-year-old sells Boynton home, bank continues foreclosure
Article Courtesy of The Palm Beach Post
By Kimberley Miller
Published November 20, 2014
A 90-year-old man is facing foreclosure on a Boynton Beach home
he no longer owns after his lender gave him the wrong mortgage
According to court documents, Abraham Maisner, who owned a
3,200-square-foot home in Valencia Lakes, went into foreclosure
in 2012 after failing to make payments since May 2010. He had
bought the home with his wife, Barbara Maisner, who died in 2011
at 76 years old.
In August, a law firm representing Maisner asked for the payoff
amount on the mortgage. A conditional payoff amount was given of
$317,211, but it didn’t include $42,092 in interest that had
been accruing for four years.
Maisner sold the home for $405,000 in September to Pennsylvania
residents Lynne Gold Bikin and David Smith. A warranty deed was
filed in official records reflecting the sale.
Maisner sent $317,211 to pay off the loan.
But no satisfaction of mortgage was ever filed on Maisner’s loan
and the plaintiff in the case says Maisner’s attorney should
have known the payoff amount didn’t include the $42,092 in
The bank also says the law firm was supposed to get the payoff
amount in writinimagesg, which it didn’t.
“Despite not obtaining written confirmation, the law firm
tendered payment in the amount of $317,211 to the plaintiff,
which was not sufficient to satisfy the mortgage,” an October
court filing says.
According to the bank, Maisner got $53,213 from the sale of his
home, and can pay off the interest. Wells Fargo Bank filed the
foreclosure action in 2012, but then transferred the loan to US
Bank in March.
As with many foreclosures, even finding out who the true
plaintiff is is no easy task.
US Bank is listed as the plaintiff, but it says it is the
trustee of the loan, not the servicer, and therefore can’t
answer questions about the foreclosure. US Bank does not hire or
direct the servicer, which is Rushmore Loan Management,
according to a US Bank spokesman.
Rushmore Loan Management said, “We unfortunately have privacy
policies that limit what information I can give you regarding an
individual’s loan detail. I can affirm to you the case you were
referring to is not focused on Mr. Maisner and there are several
different individuals and parties involved.”
Wells Fargo said Wednesday it has had no involvement with
Maisner’s loan since it transferred it in March. A message left
for the plaintiff’s attorney Roy Diaz, was not returned
Maisner, now living in the retirement community of Edgewater
Pointe Estates in Boca Raton, is being represented by Coral
Springs-based attorney Mara Alyson pro bono. Alyson was
unavailable for comment Wednesday.
The attorney representing the new homeowners did not return a
A hearing is being held today in Palm Beach County on a motion
from the bank for summary judgment.