In a decision dated February 4, 2008 the Court of Appeals went against a foreclosure scam victim. In Torkild v. Johnston, the homeowner had made a number of procedural mistakes and the court sided with the so called “investor.” The victims case appears not to have been presented very well at all, so the outcome was not surprising. What was most interesting about this case is that the Court of Appeals decided not to have it published, so it is of no value as precedent at all and will not be an obstacle in a later, better presented case. This decision suggests that the court may be sympathetic to these fraud victims and be waiting for a better case for it to publish an opinion.
Foreclosure Scam Reaches the Court of Appeals