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New comment on your post #214 “Glossary: Mortgage Meltdown and Foreclosure”
Comment: A question on TILA and Non-judicial Foreclosure for anyone who knows the answer; Does a rescission letter that is timely and certifiably mailed to all appropriate parties (lender, assignee, servicer, trustee) prevent/nullify a pending non-judicial foreclosure sale? Would appreciate any information that may help find that answer.
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Complicated answer: technically speaking the purchase money first mortgage is exempted from TILA rescission but is still available under little FTC and common law fraud. This exemption was carved out after exhaustive lobbying by lenders.
The actual answer to your question is MAYBE. It depends upon the auctioneer’s assessment, but if you let everyone know at the auction that they are buying into a lawsuit our experience shows that generally speaking nobody bids — not even the lender.
Now if you accompany your letetr with the TILA audit and an attorney’s demand letter, you are in a stronger position.
The TILA/Mortgage audit is the key and most people don’t know how to do it even though they are advertising otherwise on fancy websites etc. We have two on our site that we are currently referring to and we are looking for others that are actually competent and not fly by night take your money and run places.
And if you are willing to file suit against the lender, there are a number of ways to prevent the sale and turn the tables on the lender. There are even strategies that are outlined in this blog that show how in certain cases the borrower walked away with the house free and clear of the mortgage and note.
Here is some verbiage that has been used, but frankly without an attorney to deal with the lender, your position is not going to be taken as seriously as it would with a competent attorney who understands the complex issues:
Dear Sir or Madam: Please accept this letter on behalf of the above-named property owner and borrower. While this letter is written in part for purposes of settlement and compromise it is already a demand letter which can and will be used as necessary. It is therefore not a confidential communication protected under the rules of settlement disclosures and correspondence.
You have previously been presented with proper notices of deceptive lending practices in the closing on the above-referenced loans. Said notices were accompanied by Proposed Resolutions under the Federal Truth in Lending Act and the Real Estate Settlement Procedures Act.
Notwithstanding the above, your agents have threatened foreclosure, sale and eviction of the homeowner/borrower, despite the facts that the borrower is not in default, the lender and trustee are ignorant of any facts to state affirmatively that the borrower is or is not in default, the lender is in default of its obligations under applicable Federal and State laws, the lender at the closing the servicing agent are not the real parties in interest (i.e., they lack standing to proceed to judicial or non-judicial sale), the trustee and lender lack authority to proceed but have intentionally and fraudulently filed papers and posted notices as though the authority was present.
WE HEREWITH DEMAND THE NAMES AND CONTACT INFORMATION ALONG WITH A DESCRIPTION OF THE SECURITY SOLD, THE ASSIGNMENT MADE, AGREEMENTS SIGNED, BETWEEN ALL OF THE MORTGAGE BROKERS, REAL ESTATE BROKERS, DEVELOPERS, APPRAISERS, MORTGAGE AGGREGATORS, INVESTMENT BANKERS, RETAIL OR OTHER SELLER OF SECURITIES AND THE INVESTORS WHO PURCHASED THE SECURITIES.
Based upon information received from the experts in this case and based upon our own factual and legal investigation there appear to be claims in addition to the claims stated in prior correspondence, which claims based upon the following summary, are in most cases not exclusive and therefore the demands stated in this letter and prior correspondence you have received, which is incorporated herein as specifically as if set forth at length hereat, should all be considered cumulative.
Usury: As a result of the artificially inflated “fair market values” utilized by LENDER et al, its agents, servants and/or employees, to induce the borrower to sign the mortgage documents and purchase the property, the effective yield now vastly exceeds the legal lending limit in the State of Florida, if the borrower pays in accordance with the mortgage and note indentures. A quick review of the usury law in Florida will reveal that while it has been relaxed somewhat to accommodate predatory lending through credit cards and payday loans, it remains somewhat stringent in connection with other loans and allows the borrower to to cancel the loan and collect damages. Hence, just for the record, in the unlikely event we do not settle this case, demand is herewith made for full satisfaction of the mortgage and note plus three times the value of the note in damages, plus attorney fees and costs of 10% of the value of the of the claim which is the principal of the note plus three times the principal of the note.
Security Violation: The subject mortgage was part of a purchase transaction in which the property was sold with promises and assurances that the value would go up, the rental value would assure a return on investment, and that the investor need not perform any work, since the maintenance and other factors would be done by third parties — the Condominium Association, the real estate broker, the management office etc. This constitutes, despite the appearance of other “uses” the sale of a security under the Securities Act of 1933 and other applicable Federal and state Securities laws. The sale of this security was improper, lacking disclosure, rights to rescind under the securities laws, and lacking in disclosure as to the true nature of the transaction and the true position of the parties, including but not limited to the fact that the “lender” was in actuality acting as a conduit, removing the essential aspect of risk-sharing in the normal lender-borrower relationship, that the risk of loss was not only real but unavoidable because of the artificially inflated values, and that the Buyer should consider the purchase to be a high-risk investment with the possibility of total loss. Since the sale of THIS security was part of larger plan to sell securities to “qualified” investors using false ratings and false assurances of insurance, together with a promised rate of return in excess of the revenue produced by the underlying efforts, the sale of THIS security was part of larger Ponzi scheme wherein securities were sold at both ends of the spectrum of the supplier of capital (the investor) and the consumer of the capital (the borrower and the seller of the property). Since compensation arising from the transaction with this borrower was not disclosed to the borrower, the transaction lacked proper disclosure and is subject to rescission, compensatory and punitive damages. Hence, just for the record, in the unlikely event we do not settle this case, demand is herewith made for full satisfaction of the mortgage and note plus three times the value of the note in damages, plus attorney fees of 10% of the value of the of the claim which is the principal of the note plus three times the principal of the note.
Common Law Fraud in the Inducement and Fraud in the execution of the closing documents including but not limited to the settlement statement, the mortgage and note. Hence, just for the record, in the unlikely event we do not settle this case, demand is herewith made for full satisfaction of the mortgage and note plus three times the value of the note in damages, plus punitive and/or exemplary damages plus attorney fees of 10% of the value of the of the claim which is the principal of the note plus three times the principal of the note.
Little FTC Act (Florida): while the transaction clearly involves interstate commerce, Florida law provides for much the same remedies as described above for unfair and deceptive lending or business practices. Hence, just for the record, in the unlikely event we do not settle this case, demand is herewith made for full satisfaction of the mortgage and note plus three times the value of the note in damages, plus punitive and/or exemplary damages plus attorney fees of 10% of the value of the of the claim which is the principal of the note plus three times the principal of the note.
TILA claims have been summarized in prior correspondence. Because the transaction is not a pure first mortgage residential transaction, the TILA exception for rescission does not apply and we therefore demand rescission in addition to the above-stated claims. Hence, just for the record, in the unlikely event we do not settle this case, demand is herewith made for full satisfaction of the mortgage and note plus three times the value of the note in damages, plus punitive and/or exemplary damages plus attorney fees of 10% of the value of the of the claim which is the principal of the note plus three times the principal of the note.
RESPA: You have failed to properly respond to the claims under the act are are currently in violation. Hence, just for the record, in the unlikely event we do not settle this case, demand is herewith made for full satisfaction of the mortgage and note plus three times the value of the note in damages, plus punitive and/or exemplary damages plus attorney fees of 10% of the value of the of the claim which is the principal of the note plus three times the principal of the note.
RICO: As stated above there were multiple parties in multiple states in a scheme spanning virtually all continents in which false, misleading and non-conforming statements were made to investors and borrowers alike, wherein LENDER et al acted in concert with other ”lenders” and investment bankers to artificially create the appearance of higher market values for property and the false appearance of trends that did not in actuality exist, but for the “free money” (secured under false pretenses) pumped into a financial system and real estate market consisting of false and deceptive high pressure sales tactics whose objectives were to get the borrower’s signature without regard for the consequences to either the borrower or the investor. Hence, just for the record, in the unlikely event we do not settle this case, demand is herewith made for full satisfaction of the mortgage and note plus three times the value of the note in damages, plus punitive and/or exemplary damages plus attorney fees of 10% of the value of the of the claim which is the principal of the note plus three times the principal of the note.
Under Federal Law, you are a provider of financial services and/or products to a borrower whom you or your agents, predecessors, or successors intentionally deceived at the closing of the loan, conspired to misrepresent the proper appraised value of the property, and have now ignored your basic responsibilities of presenting a response to the notices and correspondence already on file with you and regulatory agencies, who have been informed of your illegal and improper conduct.
Notwithstanding the above, the borrowers are now faced with the apparent prospect of losing their house, their credit rating, and have been required to seek the services of legal counsel to forestall the loss, for which services demand is herewith made under the terms of the mortgage and all applicable Federal (TILA, RESPA, RICO) and State Law..
YOUR CONDUCT, IF YOU PROCEED, CONSTITUTES CRIMINAL THEFT AND CIVIL THEFT OF THE REAL PROPERTY SUBJECT TO THE MORTGAGE, NOTE AND PROCEEDINGS YOU HAVE POSTED AND FILED. Accordingly your position, in the absence of any authority to do so under law is invalid and illegal. ON BEHALF OF THE BORROWER/HOMEOWNER DEMAND IS HEREWITH MADE THAT ALL EFFORTS AT SALE, EVICTION OR FORECLOSURE BE STOPPED IMMEDIATELY AS THE PROPERTY IS SCHEDULED FOR EVICTION/SALE WITHIN A FEW DAYS.
Any further attempts at collection will result in further action taken on behalf of the borrowers for all remedies available in law and equity in both administrative proceedings, and judicial forums possessing competent jurisdiction, which will seek damages for unfair trade trade practices, treble damages under applicable law for RICO, FTC and little FTC violations, consequential damages and refunds, attorney fees, court costs, and all other available remedies in law or equity.
PLEASE GOVERN YOURSELVES ACCORDINGLY!!!
Filed under: bubble, CDO, currency, Eviction, foreclosure, GTC | Honor, Investor, Mortgage | Tagged: common law fraud, demand letter, disclosure, foreclosure defense, mortgage audit, rescission letter, RESPA, RICO, securities fraud, stopping the foreclosure sale, TILA audit |
do not use Patrick Pulate for a forensic analysis…the guy is a joke and his work is nonsense…watch out people.
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ON JAN. 10 2014 THERE BECAME EFFECTIVE NEW LAWS REGARDING THE QWR or Qualified Written Request
http://www.scribd.com/doc/197864336/2014-TEMPLATE-FOR-NEW-QWR-UNDER-DODD-FRANK-MORTGAGE-REFORM-QUALIFIED-WRITTEN-REQUEST-TILA
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24. The testimonys allegations are …had the GSE transfers away billions from Indy Mac Bank liabilities’ “off balance sheet” under a transfer and sale held as non participating certificate investment. This implies the GSE’s were willfully acting under a fraudulent circumstance in order to remove liabilities for toxic assets off the member bank books Indy Mac Bank FSB and transfer these liabilities into equities.
25. The objective is too unencumbered these high risk poorly underwritten loan files by conveying and transferring the legal title to the Butler estate, subject all liens of record. The registrants’ issue common stock , equity held in a Special Purpose Entity or so called “SPE” using the FDIC bank lines as investors paid in capital
foreclosurealternative.wordpress.com
21. Defendants are a joint venture arrangement and parties to a purchase and sale contract identifying the mortgage lender as the “seller” and FDIC and the member bank warehouse credit line provider. The Bank is always the intermediary or interim assignee and held by insiders to the banking sector as a “contingent purchaser”. This is affirmed , under oath, why the member bank operates under the presumptive purchase and sale agreement” as the buyer “subject to” the seller failing to identify a purchaser for value, a mortgage securities investor, and thereby will allow the lender to transfer and sell the mortgage to itself as a failsafe purchaser .
22. Herein is the cause and purpose for the birth of Mers Corp. The funds used to settle the consumer household mortgage were provided by the Defedants lender warehouse bank. The bank is a tax payer insured member bank that is not allowed to act as an FDIC insured commercial securities financing and credit line provider. There is no way the United States tax payers can be held to the bail out and relief proposal under TARP for an alleged deceptive practice.
http://www.foreclosurealternative.wordpress
19. If the mortgage is affirmed sold the entities books are available and shall demonstrate a gain or loss on the sale. If alleged to have not sold the mortgage remains as a booked asset and therefore remains with the originating lender held on its financial statements.
20. The funds used to settle the consumer household mortgage were provided by the Defedants lender warehouse bank and FDIC commercial securities financing and credit line provider. The FDIC member banks offer lenders the financing needed to wire good funds into the settlement agent at time of the mortgage loans closing.
foreclosurealternative.wordpress.com
[…] Demand Letter and Rescission […]
My emergency motion to stay at the 9th circuit granted.
http://www.scribd.com/doc/94367666/Davies-v-Deutsche-Bank-Emergency-Stay-Granted-05202012-Scott-c-clarkson-bap-9th-emergency-motion-motions-for-relief-from-stay
I used this letter bar batam for a Massachusetts case, of course it was not adhered to. Till the attys from these pools get that the real meat and potatoes in this will be with the property owners we will continue this stupid cycle. Go to the top of the food chain, I’ve chewed my way up, once you find your real predators , challenge them and if you can sue them. Once you find your true party’s of interest that’s when there should be a communication to settle. Gesh, ……
CALIFORNIA MERCED COUNTY NEED ATTORNEY NOW!!!!. I AM FACING A VISIT (“PRE-FORECLOSURE INSPECTION) FROM WELLS FARGO AND ATTORNEY ON MONDAY 10-03-2011 THEY HAVE OBTAINED A JUDGMENT IN THE JUDICIAL FORECLOSURE. [THEY RECORDED A NOD IN FEBRUARY OF 2010 ]. NO SALE DATE OR TRUSTEE TRANSFER WAS EVER RECORDED. CIVIL[ SUMMONS ON MARCH 3, 2011 BREECH OF WRITTEN CONTRACT]. OBTAINED JUDGMENT TO REFORM DEED OF TRUST (“DRAFTING ERROR”) THE WORDING ON EXHIBIT A FROM AN [AN UNDIVIDED ONE-QUARTER (1/4) INTEREST IN AND TO THE FOLLOWING DESCRIPTION OF PROPERTY TO REFLECT THE VERBAL THREE-QUARTER (3/4) OF MY OWNERSHIP] WAS CHANGED TO 1 NOTE UNDER DEED OF TRUST CLAIMING ALL OF THE PROPERTY OF MINE AND 3RD PARTY OWNERS(DEFENDANTS)WITHOUT ANY QUIT CLAIMS. I FAILED TO FILE AN ANSWER AND GAVE DEFAULT JUDGMENT BECAUSE I WAS TOLD THAT THEY CANNOT FORECLOSE.. I HAVE A GRANT DEED WITH THE 1/4 INTEREST VERBIAGE IN MY POSSESSION TO PROVE IT WAS FORGERY AND NOT DRAFTING ERROR. I ALSO OWN A SEPARATE GRANT DEED THAT WAS RECORDED ON FULL VALUE OF THE SUBJECT PROPERTY.
I GUESS THE BEST QUESTION WOULD BE ..: CAN I SIMPLY RE-RECORD THE FULL VALUE GRANT DEED AS A SEPARATE PROPERTY AND STATE THE LENDER NOW OWNS STOCK IN THE CORPORATION OR SOME OTHER INTEREST OTHER THAN THE REAL PROPERTY? OR CAN I JUST SAY THAT MY SON HAS FULL OWNERSHIP AND HAS SINCE THE RECORDING OF THE FULL VALUE GRANT DEED SINCE THERE WAS NO SS# OR SIGNATURE INVOLVED OR ANY REASON TO PROVE IT IS MINE? THE ONLY THING IS THAT MY SON IS A SEVENTEEN YEAR OLD MINOR.
I KNOW THEY BROKE MANY LAWS WHEN THEY WROTE THE CONTRACT ON MY COMMERCIAL PROPERTY USING HMW AND JK ENTERPRISES AND MY BUSINESS NAME AS AN INVESTMENT COMPANY BUT I AM LOST AS TO GO ABOUT THIS.
NO ONE WILL TOUCH THIS SINCE IT IS NOT RESIDENTIAL.
PLEASE HELP ME AND GET RICH WITH ME, BY STOPPING WELLS FARGO IN THEIR TRACKS. EMSAAIL ME @…..deadbreed1212@gmail.com …………
true… you know what they say…Human emotion is a big enemy of the average investor and trader. There are periods where traders don’t need to trade
I do believe all of the ideas you have offered to your post. They’re very convincing and can definitely work. Still, the posts are too quick for beginners. Could you please extend them a little from next time? Thank you for the post.
I was jobless for 2 years and contacted GMAC for a remodify.
GMAC/ Ally went back and forth with my for 1.5 years on my remodify paperwork and I had to use up my 401K and everything I had to survive through this.
Finally after that they deny me saying I do not have enough income for remodify.
I obtained a roommate renter who was only paying 600 a month and mortgage was 1250.
I added the renters amount to my income part and indicated that it was a roommate renting.
They requested a copy of renters paystub and I provided this info thinkign they were verify this is a legitimate person as I had to send the lease agreement too.
The bad part was they used the renters entire income on the paystubb as part of my income
and then they came back with a remodify that was more then my original payments which was like 1375.
This is soo wrong so now my house is up for short sale and GMAC/Ally processor is sitting on the short sale
paper work and not signing off on it so that my house will go into foreclosure.
I can’t even afford a lawyer because they broke me so bad over all this.
What do I do? this is horrifying modelsup@yahoo.com
[…] Foreclosure Defense: Rescission Letter, Demand Letter http://livinglies.wordpress.com/2008/05/29/218/ […]
could you recommend a good lawer that does defend foreclosure/ predatory lending in the monmouth county,nj area. 848-207-0557
Once an eviction notice has been attached to a homeowners door after a foreclosure, does the opportunity to file a suit for a “Wrongful Foreclosure” have a chance at extending the time for the homeowner or having the case actually heard before dismissal? Does a “Motion to Dismiss the Eviction have to be filed first?
to “Kim”,
“Jan van Eck” is, I assure you, very male. “he,” not “she.”
The name is Dutch; “Jan” is a very common Northern European name, incidentally. You find it in: Belgium, Denmark, Norway, Poland, Hungary, and so forth.
I try to avoid getting buried in individual requests; not that I am unsympathetic to the plights, sometimes desperate plights, of individuals who come to this website (the only website I write on routinely) but because there are not enough hours in the day to go around. SO: if you want to reach me, then you go through an intermediary. Send a memo to LLVE4753@aol.com and we will look at the request.
Since the picture is so fluid and so much new information is pouring in on the outrageous acts committed by various players in the foreclosure rackets, the suits being filed and the plaintiffs remain quite fluid. Current targets are (in no particular order): Wells Fargo, Deutsche Bank, Credit Suisse, Ocwen FSB et al, certain servicers including Select Portfolio Services, and entities that actually are interwoven with the above. Sue the bums.
I WOULD LIKE TO GET ADDITIONAL INFORMATION REGARDING THE COMMENTS MADE BY JAN VAN ECK, specifically regarding a class action suit she was working on. I have never done this before and am unsure how to proceed but NEED to discuss this matter with her.
Hi Gene:
First, most audits are useless. A mortgage/deed of trust is a contract nothing more nothing less. What does a former mortgage broker, real estate agent or loan processor know about contract law, tort law or evidence law-NOTHING! It’s like having a butcher doing an autopsy. Sure the butcher has knives and knows what organs look like, but their not qualified to give an opinion of how the person died.
Most loan audits are “useless” software audits, and done by individuals not qualified in the above stated disciplines.
Second one would NEVER send the results to the bank.
Post your alleged violations, you don’t want a false sense of security, if you really don’t have anything. Notwithstanding there may still be a way to save you.
I have had and audit done on my mortage and the auditers found 3 violations. The mortage company was sent a copy of the audit and they have ignored it. The mortgage comapny is Citi mortgage co. They have issued a foreclousre notice for the house to be sold on the 23 of June. I need a lawyer to sue them. The demand letter that was sent with the audit was to give everything I have paid in back., They have totally ignored the letter. What to do? Thanks for a reply.
to Lynda:
Notwithstanding the treatment you have received, and having “lost” in foreclosure, that does not mean that you cannot file suit against Wells Fargo for money damages. I am organizing a mega-suit against Wells Fargo, based on their conduct in association with others who perpetrated mortgage fraud. If you wish to be co-plaintiff, possibly becoming a class action suit, then let me know and we can look a the particular circumstances of your case.
To readers generally: if a “player” such as Wells Fargo, either on their own accord or in concert with others, participates in a series of acts (such as fraudulent notarizations and so forth) that result in your losing your house, then simply because they “prevailed” in the foreclosure matter, either judicially or non-judicially, that does not imply that they do not have exposure for money damages. The do. All you have to do is convince the jury of that. And these days, that will not be all that difficult.
Bury these bums in lawsuits.
Marie McDonnell God bless you..i wish there was someone out there when i was going through my Hell..wish there were more like you.
Cindy i read your story and trust me wellsfargo does what they want..i went through something just like you with them and i tried to get help but due to the way they did things 6 days to get out. If someone would of helped me it would never have happened..cause i had proof..but no voice. Good-luck to you
Lenders are protected under the “Mortgage Lending Protection Act” If you see their license has been pulled or N/A in your state, they are still protected. You must file a complaint with the ‘Department of Corporations”
Your modification was never going to work. By your loan origination or by your modification request it was already predetermined you were going to lose. Lender paid default mortgage insurance was already put in place. If your problem has been with the loan origination You must file a complaint with the Department of Real estate. They cashed in when you walked in and they’re cashing in on your way out.
to Carol:
File suit against the mortgage lender you were dealing with. Your Counts for claim include: unjust enrichment, breach of the covenant of good faith and fair dealing, deceit, and unfair trade practices under the Statute of your State. If the mortgage lender is not even registered to do business in your State (and some are not), and is not a National Association (you will see the initials “NA” after their name), then their “sale” is void for lack of Standing. (The “trustee” presumably did the actual sale, but for the benefit of a party that has no ability to engage the forces of the judicial system). And in your suit, you can also demand injunctive relief.
Ask for damages in the specific amount of three times the value of the Original Note, whatever that number is. Since this is a classic Unfair trade Practice, any local “consumer law” firm will take on your case on contingency, since under the unfair-trade practices Statutes the legal fees are charged to the other side, and they collect all their fees from the lender (if they are successful, of course).
If you have a good paper trail of what you sent and to whom, you have a decent case. remember, ask for a jury trial. All you need sitting on the jury are six people who have been jerked around by lenders. These days, that is just about everybody.
My house has gone into Foreclosure. Talked with the Mortgage company and they gave me a number of a company to call. I contacted this company and made a appointment with a representative for Jan 19, 2010 and gave all the information that was needed to have the Mortgage company for a Loan Modification Review. All this info was given to this representative of this company that the Mortgage company told me to call. Well on Feb 3, 2010 I talked with the Representative and again on or around Feb 12, 2010. The Representative told me that my Loan Modification Review was for March 25, 2010 and to call them back before this date. From March 8 thru March 9, 2010, I have tried to contact this Representative with no response. I found out on March 29, 2010, that my house had been sold. I was notified to vacate the premises in 10 days from the receipt of the letter from the Mortgage companies Lawyers. I received their letter on March 26, 2010, but did not open the letter till the morning of March 27, 2010.
Now due to the Representative dropping the ball, I have no home and in the process of sending a Rescission letter. I have had very little help with the Mortgage company, only a couple of the dozen of people I have spoken with. I did not know you could send a Rescission letter until I pushed hard enough for some answer.
So why is this so called “Help with your Mortgage” that is suppose to be out there not helping anyone at all.
Now my Mortgage company told me on March 29, 2010 that my house was sold on the Court House steps of the county I reside in. And I can purchase my house back for what they paid for it “plus” 12 percent interest. I have a one year redemption period to purchase this property back. But due to the lack of funds to get an attorney, is it really worth trying to fight for it? Well, I just had to let you know what happen to me and pray this does not happen to anyone else. Don’t let anyone else carry the ball in the game, take it yourself.
Thanks,
Carol
I had my house foreclosed on. I was sent to a company by my mortage company, (act as leison) between me and the mortgage company. Well the company that I contacted and made a appointment with, received all my information for a Loan Modification Review. I set up this appt. with the company on January 13, 2010 and went in on Jan 19, 2010 and discussed with a representative of this company I was told to talk with, and gave them all the information for them to send the Loan Modification info to my Mortage carrier. Talked with the Rep with my info on Feb 3,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,
To Geri Gardley:
My personal suggestion is that you now proceed to file suit against the “lender” and whoever else was in the transaction whereby they took your home, including the servicer and probably the title company, file a “lis pendens” on the property which will bring in the title company that insured the title of the new owners (if there are some), also the new owners, and demand both money damages and the property back, voiding the foreclosure and setting aside the judgment and/or the “taking.” This gets very tricky and if you are not skilled then you need to find someone who can do this, either a litigation attorney or a consumer-law group.
If you have an “unfair trade practices act” in your State (and you most likely do), then it probably provides for treble damages and attorneys’ fees, so the consumer-law firms will take your case on contingency and collect their fees at the other end from the defendant lenders. You can see how these Statutes look by looking up the CUTPA, the Conn. Unfair Tade Practices Act, which has been used as a model for other states. Then find the Statute in your State that does the same thing.
NOTE: if for tactical reasons you want to stay out of Federal Court and in State Court, then be sure not to specify a damages amount over $75,000 in the Complaint or in any correspondence for at least 12 months, or they can “remove” the case to Federal Court. If you want to be in Federal Court then make it a “Federal Question” case by pleading a Federal Count, e.g. RESPA, or FDCPA 15 USC 1692, or similar. The Court you want to be in is a tactical issue and has more to do with the mental set of the judges who are sitting there than much else. Find out the leanings in your Courts and the Circuit Court to determine where you want to be.
Note also that some Federal Judges are becoming fond of the “Rooker-Feldman Doctrine,” wherein they refuse to effectively re-visit the Judgments of the State Courts. they do this so that they donot have to take on the case; effectively, work-shedding. Unfortunately where R-F is invoked, you have an uphill battle with the next level up, the Circuit Court, to convince them otherwise. It can be done, but is a toughie.
Common-law claims like fraud are likely best left to State Courts if you now that the state court judges in your judicial district are sympathetic to such claims. Some judges “don’t get it” and “don’t want to hear it” and that again is a real problem. So ask around before you file.
As this site so effectively notes, look carefully through all the documents. I have the lovely case where the Note was “sold” by an “allonge” in blank to bearer, and submitted to the Court by affidavit by an unidentified person (yep, the name of the affiant was not on the affidavit – I am not making this up), and the affidavit was averred and notarized on Dec 01, alleging facts in the affidavit of Dec 02 and 04, which dates were filled in in “pen” on blanks in the affidavit.. Yep, I am not making this up. Amazing. Of course, that is a full-frontal assault on the integrity of the Court.
Don’t be surprised by anything the lender lawyers do. They routinely engage in fraud.
The FTC is about to make it illegal for anyone to help homeowners do loan modifications because there has been so much abuse. Did you ever consider that your website is, at least in part, to blame for this. As an attorney of 30+ years in practice, it took me years to learn the ins and outs of this business, so laymen can not be expected to grasp the subject matter overnight. Every homeowner that has come to my office for help, after trying to do it themselves, created more of a mess than they fixed, Some did such a bad job of it that there was no fixing that could be done. In short, its really like the old adage about taking out your own appendix; you better have a damn steady hand. Geof Giles
I have a question. I did a forbarance agreement with my Mortgage Company to stop forclosure. They took my money and sold my home . How do I get my Money back.
Help any one
this is very urgent, I must have answer in latest 2 days, as I agreed to postpone lis pendens, I was not aware exactly what that meant, because my lawyer already signed postponing lis pendense, and then called me several days later to confirm, if I want to, otherwise the existing mortgage will foreclose the house .I live in Canada and I don’t know whether I was informed enough to give an ok for the new financing of mortgage for my husband’s property, in which only I do live at the present time.? I gave an ok for my lawyer attorney to postpone the Lis pendens, thats what he was asked by the mortgage company to do and he called me a couple of days later to ask me if I want it to be postponed until divorce settlement is finalized. I have no idea and access and knowledge of my husband’s financial affairs, he does what he wants and crooked too. Am I better off to stay in house before foreclosure and being kicked out, I am old and sick and we have not settled for the divorce yet, as I asked for clear title to the house, but my ex took out mortgage onto his name and his company, I am not on the title I just have matrimonial rights. So can I stay in the house and he pays the mortgage that he is lending from the mortgage company?
What if I don’t give ok for postponing Lis pendens?
THANKS SO MUCH AS I AM CHANGING MINDS AND UNDER DURESS AND PRESSURE
THANK YOU SO MUCH, I THOUGHT I KNEW EXACTLY WHAT THAT MEANT. PENDING DIVORCE, LIS PENDENS, NEGOTIATION BEFORE FORECLOSURE
MARIKA
I purchased house from Joe and I made mortgage payments for 3 years yestoday someone came said my front yard severed several years this is not your lot cut my property 50% my mortgage was 280,000 which I was making payment now I stoped to make payments because property worth half of original mortgage appraisal said $ 150,000 now mortgage company served claim against purchaser befor me because they are on record not me I am on title they are on mortgae what is my position what I should do ?
Marie McDonnell….what is your contact info?
gbafinancial@yahoo.com
916-289-8355
Hello,
Not sure about the recession letter. I performed a mortgage audit. I think it goes 20 days to acknowledge and 60 days to resolve. It’s been three months for me. So my auditor filed complaints to the FTC, Office of Thrift, Us Dept. Of Housing, and Office of the Comptroller. Immediately I got the N.O.D. Court house has no idea what I’m talking about when I asked how to file. They said get a lawyer. So all I can say is Monday I’m going to start calling lawyers that “Get it.” Love to do the Pro Se, but trying to find the steps is impossible and I’m running out of time.
Hi,
I sent a letter of recission to my mortgage company ( Countrywide) along with all the other names on the deed of trust ( 8 in all). All letters went certified and all were receiced and signed for. It is now past the 20 days since the last letter was received. I have had no correspondence from any of them. What should my next step be?
Thanks
I took out a loan in October 2005. It was presented to me as a fixed rate mortgage with a payment of $2687.00 per month for 30 years. When we arrived for signing at the loan brokers office we were told that the loan program we were applying for was being phased out and we would need to “back date” the loan papers and rescission papers to get the loan funded. Only after the loan closed did I discover that the broker had included a $10,000 Yield Spread Premium for himself and it was not fixed but was a Pay Option ARM. Unfortunatly I suffered a major health set back . Before the three year period for a demand for rescission was up I sent in a QWR and a demand for rescission (certifed). I was subsequently told by C/W that they did’nt agree and “file closed” I have absolute proof the docs were backdated as the Title Officer did’nt send over the docs to the brokers office until after they were supposedly signed. When the Attorney General of California signed the agreements to modify C/W Pay Option ARMS with C/W we put this on the back burner as we expected that C/W would modify these loans and reduce principal balances as was stipulated. They did’nt. Our four year statute of limitations for fraud runs out October 2009. Can anyone reccommend a proper course of action from here. I’m now totally disabled and possibly terminal and I don’t want to leave my wife and family with this mess
Ok This is a good one…. I admittedly told the Treasury dept that i owed my debt ( A foreclosed home though FHA) but……. HOW CAN I PAY THIS its over 100,000.00
here goes…. 2 years ago (7 yrs after the foreclosure) I did my taxes had a nice refund of close to 5,000 .00 most of which was earned income credit. The Treasury took it without informing me. So silly me tried to find out what had happened to my refund. it took 3 months for them to tell me why it was taken.
I am a 45 yr old single mom, i work part time and am a cancer patient.
Under the rules of the federal register concerning the T.O.P (Treasury offset program ) I have a righr to have my debt waived as I am below the poverty level .
with the help of my local congressmans office i filed the application for waiver of debt. i live on about 500.00 a month.
The Treasury wrote my congressman telling him (i received no letter) “it would be inappropriate to remove my debt” ??????????? explain how this is possible because I cannot understand. I also do not understand how EIC which is for people like me with children and low income can be taken?
My congressman has since written to the Treasury asking for an explaination and as of yet (since Oct of 2008) there has been no reply from the Treasury.
Hi. Mr. Neil,
I have sent you many email and wrote something also but never get a response,probably you are too busy.
To day I got following documents recorded in the County Lands Record.
1. Certificate and Affidavit Of Satisfaction with the Affidavit of non compliance.
2. A letter from the lender in which they have accepted in writing that they are service r and they provided the name of investor.
2. Qualified written Request.
3. Rescission and Demand Letter( loan has already been rescinded due to non compliance of lender.
4. A letter from the notary (an employee of Title company) who was not present when the settlement papers were signed.
5. All certified return receipts which shows they have received the letters but did not responded .
ALL OF THE ABOVE PAPERS(Total 87 pages) WERE RECORDED.
Please advise further.
Thanks and Be Safe
I have been fighting my foreclosure with JP morgan Chase since October2008 and I have just sent proof of their error and now they suddenly and urgently want to reinstate the loan. I am in Texas and I want to do this right! Do they know that they are guilty? Do I have certain rights? Please help or advise… Phone# 940-229-2117
These were posted on 03/06/2009.
Hi, Neil
I have posted 02 questions for you. Please reply me.
Thanks and Be Safe
Marie,please call me as i have 6 loans that i’m
almost sure are prime for recission.I have
questions and will share in any recovery.
I want you/or ??? to audit them. Thank You,Bill S.
I am in California
Hi, Neil
Please explain the ” RE CONVEYANCE THROUGH POWER OF ATTORNEY” If possible please make one sample for Virginia.
Thanks and Be Safe
I filed chapter 13 and declared my mortgage as an unsecured debt. I am also sending the lenders attorneys and trustees the ‘prove the note’ letter.
My mother who had a power of attorney we drafted and had notarized but during the closing process the lender told her it was insufficient and told her to sign my name, and she did. Nonr of the signed doc’s state: signing for. In addition this closing took place at the mortgage brokers office and the notary accepted my identification with my Mother’s signature. I want to use this to help me, but I do not want to cause my Mother harm. I gave her a power of attorney, but it was not used. Why I do not know. What can I do now? In review of the doc’s the lender’s list of documents there is no power of attorney checked off.
Neil,
I have been trying to get this question answered without success. Do you have any information that would help.
In 2005 I rescinded a loan with Citibank. The rescission was within the three day period following the closing. Citibank funded the loan in error. I tried to give them back thier money. They instead filed a mortgage on my property and attempted to collect on payments, interest and late charges for a loan that did not exist. Since I had gone to another lender for the money that I needed I found myself with two loans. But alas! The new lender threatened to foreclose because when they went to record thier mortgage they found Citibank in first place. This forced me to sue Citibank to effect the rescission. After many months they rescinded the loan countersued and filed a lis pendens with notice of equitable mortgage.
This litigation is ongoing but the lis pendens and Notice of Lien has left me with the inability to sell or refinance my home. They have effectively stolen my equity when the value was at it’s historic peak.
Their imposition of lien and lis pendens must be an additional violation of the TILA but I cannot find any caselaw.
I still have thier money, BUT MOST OF IT IS BEING HELD IN ESCROW awaiting the result of this case.
I beleive that by attempting to enforce an invalid lein they are in violation of the law and fiduciary duty. Does anyone know of a previous case.
Thanks, Art Wood pwood269@aol.com
Niel,Sir please advise in this matter
In foreclosure defense filed chapte7 BK. Attorney for lender filed motion to lift the stay and set for hearing on 02/04/2009 .I filed objection to motion.I addition I sent the QWR to lender,attorney and trustee.Sent Rescission &Demand letter to lender.Lender received on 02/05/2009 and took no action.
1. On preliminary hearing the lender’s attorney requested court for 30 days continuance and hearing was set for 03/04/2009.
2. On 03/04/2009 both parties were present and when called by the judge the lender’s attorney requested for 30days more for continuance.At this I objected and said that these are not real party in interest and doing the fraud upon court.Color of lender’s attorney stated changing repeatedly.I requested the judge to throw their case,because these people are wasting court time.I also said the lender and attorney are doing fraud they filed the motion and now repeatedly asking for continuance WHY?
I spoke for 10 minutes finally judge gave them continuance and hearing date was set for 04/01/2009.I have prepared the motion to compel and requested the court for sanctions to lender and its council under rule11.Rescission imposed already due to non compliance by the lender and now they do not have any interest on property and note and loans have become un-secured.Please advise what should I do.
My BK discharge date is 03/30/09 one day before the preliminary hearing.I did not understand the lender tactic for requesting for repeatedly continuance, Please advise.
Thanks.
How do you save a home in NH?
Does anyone know if you can buy a book which details how to proceed on these in NH and MA. I am very interested in purchasing them
Bob and John,
Thanks for the opinion and guidance. I am in the same boat with you, John.
But, I have been reading up the Saxon Mortgage (a debt servicer), and we are up against a challenge.
The company is notorious for giving people trouble, below is a link that is living proof:
http://www.websitetoolbox.com/tool/post/ssgoldstar/vpost?id=570914&trail=490
Like Bob, I have been reading everything that I can find to protect my home. But I admit, that I have not gotten into the legal aspect, because I am not sure where to find the sources.
I did find my loan documents, and to my surprise, I even found the letter that states that a portion of my loan was sold to Freddie or Fannie.
I even called and emailed the Texas State of Secretary to find more information about to whom, and where , I should send my letter.
Luckily, I got the address of the CEO, their Statuary agent’s address, and even a Fedex label from someone inside the company to mail in sensitive documents.
I just have to get together with a lawyer to put together a strategy. It is a lot of work, but in the end it is worth it.
Are web logs (specfically,examples of difficulties) valid in a court?
Neil, i sent my paperwork in to the fax number but have not heard back. Would like to talk to someone on your volunteer staff to see what to do before I am screwed. Thanks
Before I comment further on my situation, if anyone is looking for a great (not good) attorney in MI that ‘gets it’ let me know. After a year of dealing with many many attorneys whose answer is to file bankruptcy, I finally just spoke to one in Detroit that seems to know her stuff. What better place to practices than in Detroit.
As for mine, it has been an ongoing issue since early last year and the redemption period here in MI expired. However, because our loans involved cross collateralization of two homes, it was not a mere default issue. Even though its the same lender, we were taken to two different district courts on essentially the same matter. In both cases we filed an answer to the complaint, affirmative defenses and a demand for jury trial. In both cases, we were given one week to present issues of material fact supporting our demand for trial, and one case was postponed for that week, the other for 3 weeks. Just to note, we were told that we could not be denied a jury trial if we requested it and paid court fees. Well, obviously that’s not the case. In any event, these are the major issues of material fact that we (thought we) had presented in the first court appearance – wrongful foreclosure (based on major issues of material fact), breach of contract as to cross collateralization, violatiion of T.I.L.A. by engaging in unfair lending practices, lack of joinder (unnamed and undiclosed parties may have claim-in this case our lender, WAMU, was bought by Chase last September and Chase just recently took over their mtg book of business, terms of mortgage are unconsionable, i.e. speaks to the doctrine of ‘unclean hands’, and violation of MI foreclosure laws governing the sale, adjournment, notice posting and publication of said foreclosure. I know this is lengthy, but we don’t know what else we can state. The judge is looking for triable issues v non-triable issues. We are doing this pro per and feel that today, as Mary states, was a small victory, but we need some counsel. I am also willing to share what I know about MI foreclosure laws if someone else feels they have been taken advantage of for lack of knowledge. One thing I think we can all agree on, lenders and their attorneys will misrepresent the facts to support their action – like their attorney did today by completely leaving out the fact that there were two houses involved in the action. I could go on and on, but this is lengthy I know. Anyone with ideas on triable issues or major issues of material fact that I haven’t stated here, PLEASE CONTACT ME in the next few . . .via ‘e’ @roserice@cavtel.net or at (248) 886-8876. Thanks to all of you for making me feel that I’m alone and that some of us will stand up to these lenders!
Be leery of companies that hold themselves out to do mortgage audits who or are not legal professionals. We called a company MFI-Miami with a telephone # in the Washington, DC area, (go figure) who had no idea what they were talking about. They told us that a mis- calculation of the finance charge on the TILA was fraud. Caveat emptor!
WE ARE ABOUT TO BE EVICTED IN VA BY COUNTRYWIDE. WE ARE STILL IN THE HOME. CAN ANYONE OFFER LEGAL ADVICE TO MY OPTIONS. MOST PEOPLE SAY WE ARE FINISHED BUT I DISAGREE. THERE HAS TO BE MORE WE CAN DO TO GET OUR HOME BACK.
We have been having trouble finding someone to audit our mortgage or a “lawyer who gets it” in Utah.We would appreciate hearing from anyone who has a referal from the Salt Lake City area.
When you are in forclousure and the plantiff is different than the listed holder of the note, what is the best way to file for Rescission
I never received the notice of default (Nevada) a notice of breach and default along with another document; notice of recession of delararion of default were both fated, and filed the exact same time. What does this mean and what is my remedy?
Yes sir I did submitted the intake forms via fax with an additional page on which I explained the entire situation.I have submitted my mortgage paper for the audit and that law firm will start on Monday when they will receive it.I will need the assistance of the volunteer staff.I need their contact no or e-mail so that I can share/send them the information/papers etc.
Thanks and Be Safe
Raja
Well I apologize, I am “semi-retired” as they say(my daughter Chelsea says I am the worst and that I suck at “retiring”) and never imagined when I started this blogsite I would get over 30,000 visits in a week as we have in the last week let alone hundreds of email inquirys daily and posts like yours on thel blog. Did you Request a Preliminary Document Review yet? We have volunteer staff that assists and also staff that cannot afford to work for nothing….and are trying to help as many people as possible.
Sir,I posted 03 questions and faxed the intake
forms and still waiting the response what to do next.Yes sir,on 02/4/2009 my hearing was for relief by the lender attorney.In court they requested judge for more time ( Continuation )and now the hearing will be on 03/04/2009.What it indicate.
Please guide me on this ‘lender’s attorney filed motion for relief and now requesting the court for 30 days.
Neil can you please explain to me what it shows.
John,
Follow the link and read further I am not sure but if you agree to a Loan Modification you may not be able Rescind since the lender is giving you a break and they may assign a new contract and if the are smart fix violations on the current contract.
Keep in mind not all the information posted by individuals on this site is accurate. You should copy and paste codes to laws sighted on this sight and Google for additional explanations and see if it is even a law that applies to your needs.
I am a home owner and at times go on this site for reference to my concerns….. I have questions Too…..I may at time run into roadblocks with some postings but I don’t stop there… I have spent one month all of January researching Truth In Lending Act. State and Local Laws that govern under the same criteria and I have to say I am taking in so much Info that I am beginning to get into the whole Law Idea. I have read many illustrations that have helped me find violations on my contract. At times I go to bed at 4am and get back up at 7am and start reading.
Most of the info I am inserting now is information I have found to have some validity.
What is a recession letter?
Notice simply says: “I WISH TO CANCEL,” followed by a signature and date. You should consider with in your letter writing your personal info and the account number.
__________________________________________________________________________________________
Month / Day, 2009
Contact Name
Address
City, State Zip
OBJECTIVE: NOTICE OF RESCISSION
Dear (Lender ),
This is to notify you that I hereby cancel the Loan transaction #_______________ consummated on (DATE) at the lender / broker office Located at____________________________. This notice is being mailed to you on (DATE), which falls within the three day or three year right of rescission period provided for under Federal Law. Truth in Lending Act (“TILA”), 15 U.S.C. §§ 1601 et seq., and the Home Ownership and Equity Protection Act of 1994 (“HOEPA”), 15 U.S.C. § 1639, the Federal Trade Commission Act, 15 U.S.C. § 41, et seq., which broadly prohibits unfair or deceptive acts or practices in or affecting commerce, and under the protection of (Regulation Z § 226.23(b)(1)(i-v). which is as so a part of TILA.
I am requesting copies of all Documents since consummation of the loan to further insure a Validation of Debt, and a Ledger for accounting and legal records. Upon receipt of the documents and answers, a full exam and audit will be conducted that may lead to a further document request and answers to questions. Dispute of Debt letter will be sent to FTC, HUD, all relevant state and federal regulators, and other consumer advocates if any further evasive actions are detected or this matter is not settled.
It is my hope that you can answer my concerns, in the documents sent so that you can validate my debt to the penny and correct any abuses or schemes uncovered and documented.
With the receipt of this notice and demand, I am asking that you execute and deliver a retraction of any Notice of Default, and that you freeze any foreclosure or any credit reported to corresponding credit agencies until this matter is resolved. Also for the lender to offer in return any money, including that which may have been passed to a third party and to take any action necessary to reflect the termination of the security interest; or show cause why said demand should not be enforced in a court of record in the State of_________________.
Further, please treat this letter as a Qualified Written Request under the Real Estate Settlement Procedures Act, codified as Title 12 § 2605 (e)(1)(B) (e), and Reg. X § 3500.21(f)2 of the United States Code as well as a request under Truth In Lending Act (TILA) 15 U.S.C. § 1601, et seq. and Regulation Z, of which all provide substantial penalties and fines for non-compliance or failure to answer my questions provided in this letter within (20) days of its receipt! As such, if you fail to satisfy the demand within the allotted time after having been duly served with this notice and demand, then I will take lawful action in a court of records (in personam and in rem). I need to have full and immediate disclosure to all documents and information pertinent to my home loan. The documents requested and answers to my questions are needed by me and my experts to insure that my loan was originated in lawful compliance with all federal and state law regulations.
Please do not contact me by telephone. In Order to avoid any misunderstanding, all communication shall henceforth be on the record, i.e. in writing and duly served. Please serve all communications and process directly to the mailing address provided.
Notice is sent with a certified receipt signature request Certified Mail # 7000 xxxx 000x xxxx 0XX4 on (date), 2009, along with _____ other notices sent to different departments with in the lending institution.
Thanks in advance for your prompt collaboration.
Sincerely,
YOUR NAME
Your loan documents should have a copy of your 3 day right to cancel in it. If the loan officer did not give you a copy 2 copies per borrower along with your loan docs you are with in your right to cancel with in the first three years since the consummation of your loan. Each borrower, must receive two notices of right to cancel which clearly and conspicuously disclose: (1) the retention or acquisition of a security interest in the consumer’s principal dwelling; (2) the consumer’s right to rescind the transaction; (3) how to exercise the right to rescind with a form for that purpose, designating the address of the creditor’s place of business; (4) the effects of rescission; and (5) the date the rescission period expires (Regulation Z § 226.23(b)(1)(i-v)). In an effort to assist creditors, Regulation Z even includes a model form showing exactly what must be disclosed. 12 C.F.R. § 226 App. H.
One other thing you may want to keep in mind is that even if the lender has a signed copy of your original 3 day notice to rescind TILA states that a written acknowledgment “does no more than create a rebuttable presumption of delivery.” 15 U.S.C. § 1635(c) Notwithstanding any rule of evidence, written acknowledgment of receipt of any disclosures required under this subchapter by a person to whom information, forms and a statement is required to be given pursuant to this section does no more than create a rebuttable presumption of delivery thereof.
SIMPLE ENGLISH
In spite of any rule of evidence, written acknowledgment of receipt of any disclosures required under this subchapter by a person to whom information, forms and a statement is required to be given in accordance with something to this section does no more than create a denial of the truth a belief based on the fact that something is considered to be extremely reasonable or likely of delivery thereof.
FTC Act protects borrowers from unscrupulous or dishonest lending practices
The FTC enforces a number of laws specifically governing lending practices, including the Truth in Lending Act (“TILA”), 15 U.S.C. §§ 1601 et seq., and the Home Ownership and Equity Protection Act of 1994 (“HOEPA”), 15 U.S.C. § 1639, which is part of TILA. The Commission also enforces the Federal Trade Commission Act, 15 U.S.C. § 41, et seq., which broadly prohibits unfair or deceptive acts or practices in or affecting commerce.
“When an obligor exercises his right to cancel…, any security interest given by the obligor… becomes void upon such rescission”. Also, it is clear from the statutory language that the court’s modification authority extends only to the procedures specified by section 1625(b).
The voiding of the security interest is not a procedure, in the sense of a step to be followed or an action to be taken.
The statute makes no distinction between the right to rescind in three day or extended in three years for federal TILA, as neither cases nor statute give courts equitable discretion to alter TILA’s substantive provisions.
Since the rescission process was intended to be self-enforcing, failure to comply with the rescission obligations subjects to potential liability.
Non-compliance is a violation of the act which gives rise to a claim for actual and statutory damages under 15 USC 1640. TIL rescission does not only cancel a security interest in the property but it also cancels any liability for to pay finance and other charges, including accrued interest, points, broker fees, closing costs and that the lender must refund all finance charges and fees paid.
FORECLOSURES: TILA RIGHT OF RESCISSION and CONSEQUENCES
http://livinglies.wordpress.com/2008/05/07/foreclosures-tila-right-of-rescission-and-consequences/
Have fun reading,
Bob
What happens if the lender anwers back a letter stating they will not honor the rescision letter because their records indicate that the APR, Finance Charge, finance amount and other material fact are in compliance with TILA, even though I did clearly uncovered a $300.00 closing agent document preparation fee which is not included in the finance charge figure?
Thanks,
Great site, and great comments. Does anyone have any warnings or stories about Saxon Mortgage?
I am working on modifying my loan. They are asking for a financial statement and other intimate information. But. as original lenders, shouldn’t they have that any way?
What is a recession letter?
zgirl,
I am not a lawyer and this is not legal advice. I would never trust anyone else to do anything. I would file a response.
I don’t know what I would file – but I would look into it.
Thanks,
Dan Edstrom
dmedstrom@hotmail.com
I filed the motion to dismiss in August. in Jan the platiff tried to ask the court to re establish the note, then they filed an “original note” with no notary stamps. all docs have to have notary stamps especially the note since it has to be filed with the clerk. No title company would do a closing without notarizing all docs, just to cover their butts. I have my hearing for motion to dismiss in March. should I file an answer pointing out the flaws of their documentation, or should I just hope the judge catches it?
Yes sir,on 02/4/2009 my hearing was for relief by the lender attorney.In court they requested judge for more time and now the hearing will be on 03/04/2009.What it indicate.
Autumn: There is no authoritative source of this information. Everybody makes claims. Be careful, check references and check with an attorney before you take any steps you might later regret.
Sir,I posted 03 questions and faxed the intake forms and still waiting the response what to do next.
Hello Neil & anyone who may know,
I have been speaking with some attorneys involved with mortgage litigation. They mentioned about 75 firms in the US who have approx 5,000 cases in or finished with mortgage litigation on behalf of the homeowners. One recommended checking out this blog for answers on how those cases are going or have turned out. I am wondering if you might know of a resource where I can find that out.
I appreciate any info you have ! Thanks so much!
Autumn Montoya
a_montoya@cox.net
Las Vegas, NV
I just came back from BK court.The opposing attorney requested judge for continuation and requested for time for 30 days and now the hearing will be on 03/04/2009.I do not understand that they move the motion for relief and now requesting for time.Please advise.
I borrowed money from Citibank. At closing the terms were not what I was promised. I rescinded the loan the next business day. I then borrowed the money from another lender only to find that Citi funded the loan in error. I called them and they apologized and promised to reverse the transaction. Instead they recorded a mortgage on my home and tried to collect payments on the rescinded loan. I begged them to release the lien and offered to return thier money. No, instead they called everyday threatening my credit if I didn’t make a payment. Then my lender threatened to foreclose because they were not in first place on the mortgage. I sued Citi pro se and they finally released the lien after six months. But alas! They went back door an filed a lis pendens. That has to be another violation of the TILA. I still have their money but have been unable to sell or refinance my house because of the lis pendens and my home has lost at least 100.000.00 in value since then. I need some case law to assert that the lis pendesn is another violation of Federal Law.
Any suggestions? pwood269@aol.com
I have already faxed in take forms (total o4pages) and by now it must be received by you.
Thanks a lot.My motion hearing is on 02/04/09.I have already sent (1) Rescission and demand letter to lender via certified return receipt(2) 20 pages Qualified written request,complaint,dispute of debt,and validation of debt letter,TILA request as per 12USC section 2605(e) via certified return receipt.I will send the intake form with all relevant documents.I have sent a 16 pages complaint to state Attorney General in Dec 2008 highlighting all the violation.I have also submitted the complaint to the OTS and Fair Housing.
My loan was closed in 04/2006.Please call me on 540-687-0004 for further information or give me your phone no so that I can tell you some hidden facts.
STEVE: GO TO IN TROUBLE NOW AND DOWNLOAD THE INTAKE FORM. FAX IT IN, GET THE PRELIMINARY REVIEW AND THEN YOU’LL BE REFERRED TO THE APPROPRIATE PROFESSIONAL. (NO GUARANTEES)
raja: The wrong loan number could be anything from a clerical error to something much more serious. You could even have received and signed someone else’s loan papers. It could be indicative of some very strong defensive strategies available to you (recording something in county records before they correct their error). Check with a local licensed real estate attorney and pull up a title report. go to “in trouble Now on this blog and download the intake form. fax it in and get a preliminary review.
Can some one tell me that if the loan Number is written wrong on all settlement papers and promissory note what legal benefits I can get.I am facing these BIG THIEVES in the BK court on 02/04/09.Please reply me as early as possible.
Thanks and Be Safe
I love the stuff I just read and the great work you are all doing. If someone out there knows where to get and what to expect to pay (range) for a TIL aduit in centeral California (San Joaquin) I would greatly appreciate an E-mail thanks to everyone
Can anyone point me to an attorney in Seattle, WA area. Greatly appriciated.
Dear Jorge,
Just make sure that before you do sign any document, or send any letter have them reviewed by a qualified consumer rights and real estate finance attorney, well versed in TILA and RESPA, HOEPA, etc., they are hard to find but there are some available. Do a Mortgage analysis and audit. Make sure you do understand what is going on and what are all the necessary steps. Educate yourself on all aspects of who the legal system works in your county and state, and who local rules work in your federal district. Insist on your lawyer attending Mr. Garfield’s seminar.
All details are important and documenting your case is crucial. Every collection call, every letter, every call you make. take notes, times, dates, names, be organized, be determined, do not allow yourself to be beaten down by the circumstances and/ or any one who differs from your goal or vision.
As Mr. Garfield in his seminar say, win at the beginning or lose at the end. Remember this is an information war, your battle just got started, you are now gathering the necessary intelligence to start engaging the enemy. Your enemy so far has had a great run in the media, in the court system and in your mind. Make sure your local media is aware of the fraud and the lies you and many millions of others were a victim of.
You must be relentless as a badger.
Jorge,
You can do a rescission anytime. I believe that Neil recommends doing it before foreclosure and even if you are current on your payments. Get an audit as this will provide you with the information you need to base your rescission on. That is a good place to start. Rescission alone probably won’t help you though. Once you have the audit done, you can do more research or retain the services from somebody who “gets it”. I am not a lawyer and this is not legal advice, just my opinion. You should consult with a knowledgeable attorney who can determine what is going on in your particular instance .
Thanks,
Dan Edstrom
dmedstrom@hotmail.com
For homeowners in TX, remember that there is also a process called non-judicial foreclosure. This is made possible by a document referred to as the Deed of Trust (called Trust Deed in some states). The trustee (or substitute trustee) designated by that document may proceed to foreclose on the property after 21 days notice and proper posting. I raise this issue because the homeowner under such circumstances may have to take the offensive posture, because there is no court action unless the homeowner brings one. Naturally, this sets up the homeowner and not defendant. Consequently, the homeowner will be bringing the relevant actions–TILA, RESPA–as the case may be. This also has the strategic effect of getting the attention of the legal department or outside counsel who are more inclined to really take a look at the paperwork involved rather than going on the word of some lowly-paid account clerk. It also puts the noteholder in the position of having to spend some real money on the case, which is quite a bit more expensive than a non-judicial approach. Another strategic effect is to force the noteholder, who is now the defendant, to the negotiating table either as a matter of economics or because the court itself will strongly suggest alternative resolution, such as mediation. Finally, if you are in TX, also have your attorney carefully comb the provisions of the deed of trust, to see if the trustee has violated any rules governing the process, whether the threatened foreclosure is judicial or non-judicial. TX also has some statutes which are common to most states called the Deceptive Trade Practices Act (DTPA) which can be creatively used to provide additional remedies. It also has tie-in feature linking its application to other state statutes such as the Texas Finance Code. The point to remember is that you want to maximize your damages (if that is what you are seeking) against an erring lender/noteholder and access cumulative remedies, not just the TILA and RESPA. Be prepared for a good fight, a rewarding experience and an educational process. The few cases I have handled regarding wrongful foreclosure and the subsequent attempted eviction have yielded great personal and professional satisfaction, not to mention the gratefulness of a client well-served. This kind of result reminds me of why I became an attorney in the first place. Go get ’em!
Johnny I have resent you another email ths morning with my telephoe number.
In search of: Answers
I have been reading for several hours now any and all articles that have to do with TILA and rescission of security. I think I understand the application of the law, but have a confusion. Can the right of rescission be applied to a mortgage that is not in foreclosure, or a homeowner that is not in bankruptcy? I want to use the law to force my bank to restructure my loans. I was recently laid off from a good paying job and fell behind almost 2 months, the bank almost within 30 days reported me to the credit bureaus, then they reported me late a second time before I was late a second time. I called a “lifeline Program” they offered for homeowners in distress, but they would not work with me because I was unemployed. Beginning of the third month, I found employment. I called the bank again to restructure my very underwater loan and they asked me to fill out a financial statement to use in helping me. Once they realized my new job paid better then my last they restructured my payment plan to benefit them and will not restructure my loans, because they say I can afford it. Now I am playing catch up with the new payments for 5 months at a total of 20K dollars, still underwater, and they ruined my credit score so I can’t refinance, now or in the future. Some “Lifeline”. I want to take control away from them and believe an audit of my loans for TILA violations and rescission is the way to go. Am I on the right track or not?
Hi Seidu,
I can not find your email address. Can you email me at bee20706@yahoo.com
I forgot to say this. They tried to have an eviction hearing with us not being notified or any information. Of course being Countrywide the judge ruled against us with no jurisdiction.
Good Luck to all..
in response to my first filing that was filed in August Wells Fargo sent over paper work for a loan modification, repayment plan, short sale, or deed in Lieu. They totally ignored the fact that I pointed out that they hand no grounds since they dont have a mortgage with us, AND they also stated that they “lost” the mortgage note. they claimed that they got the assignment from MERS via a bank we did the first mtg with. however they sold the paper before we could even make a payment. I feel that they want us to sign this paper work to have standings for a foreclosure. As of right now there is no mortgage company on my title at all, and I have no idea why this is. I’m going to make the necessary filings this week.
Johhny Please send me an email at your earliest convenience.
I am a homeowner in Maryland looking for help. i was just served a notice to foreclose just before christmas. I have a 11.7 percent interest rate mortage that is do to reset in 6/09. I am ready to walk away from a home I built myself. I was hoping to contact Jose and/or anyone that can advise me on what to do fast. I am also a listing agent for lenders that sale thier foreclosed homes in MD/VA/DC. So I am in contact with a lot of people that feel thier is no way to turn for assistance. Please email me at bee20706@yahoo.com
WIZARDS NEEDED — I have been advised to write a demand for settlement out of court on my foreclosure for the amount the Plaintiff says that I owe. I have a case based on Lack of Jurisdiction (not all owners can be located) and fraud on the court.
Suggestions? Leigh in Jupiter, FL
I am going to have to follow the “Mary” model doing my own research and filing my own motions. Has anyone done any research in New Hampshire?
After 2-1/2 years I finally missed my first payment. As of Jan 1, 2009 I will be 60 days late for the first time, but have already received my acceleration letter from Litton Loans.
My mortgage was transferred to them six months ago after Fremont Mortgage in California went out of business.
I hope Litton will be motivated to approve a loan mod since there is no equity in the house now. Is this the best first tactic, then move to more aggressive actions that others have described here?
Cindy Flynn, can you update your status? Did you find anyone to help you? I am not qualified, but it sure seemed like you had about six different kinds of fraud in your case.
I entered into an ARM loan that was sold to Chase. Three years later it was at 13% and I couldn’t get it refinanced. I then was able to get a loan modification from Chase after sending $9,000 to them.
My escrow was rolled into the new loan mod amount. However, my next payment was not applied and was held in a “suspense” account without my knowledge. The statement that followed two months later showed an $1,800 Escrow payment due in addition to my monthly payment.
I have spent 60 to 100 hours on the phone (well documented with time/date stamped notes) attempting to straighten this out. I used a Pre-Paid Legal Attorney to write them a letter requesting a review. They posted the house for foreclosure two weeks later and I got a BK attorney to contact Barrett, Frappier Etc and they pulled the property from the Foreclosure sale set for Jan. 6, 2009.
I just got a response/collection letter from the Escrow dept. stating they were right but they would reduce the payment amount to $450 per month and requesting additional funds.
I seriously doubt my BK attorney is familiar with the tactics and strategies you discuss here, although I will make him aware of them. I have downloaded the Validation Letter and placed my info in it. Is now the time to send it to them?
Are there attorney’s in the Dallas area that are familiar with this area of law and can help me? I will provide my contact info to anyone that would like it if you will email me at: jphicks@sbcglobal.net. Thank you.
Yes. Fax your resume to 772-594-6244
MARY:
I am trying to train a few researchers and paralegals to support foreclosure defense and TILA/RESPA/RICO litigation in my law practice in Northeastern Ohio. Are you looking for some work in this area?
Harry J. DePietro, Esq.
hari.depietro@gmail.com
This has been a very informative website and I thank all who have answered. I live in Staten Island and Wilshire is the servicer, I did a refi in May of 06 and soon after lost my job. In Sept of 06 is when the problems started. We were able to make the payments until May of 07, and then it got out hand. We spoke to Wilshire in June of 07, it them about 3 months to get back to us, everytime we called it was an answering machine and no one got back to us, meanwhile they would not take any payments, long story short they gave us pretty much the same deal with the modification and we have now. They were suppossed to foreclosure in Nov of 08, but did not, when I called to ask why they said it had to do with the property taxes, we have not paid since, also when we found they were going to forclosure we let the homeowners insurance lapse, this was what our attorney said. We have since asked for the proof of ownership note, but they have not gotten back to us. We have put some money aside, in Aug of 08 I was out of work again for few months, so it only a couple of thousand. Should I get a real estate attorney now or wait for Wilshire to answer my ownership questons.
Can anyone help me. I just got Wachovia to offer a “modification agreement” which stinks. I’m almost 7 months behind and received a notice of default in early September.I’m trying to get help from these community counseling agencies such as NACA, but No One helps. I’m beginning to consider filing a law suit myself, but have little time and no money. Anyone know of a lawyer who can help me? I live in Walnut Creek CA. I can be reached at drdelmonte@comcast.net.
For a treatment of 1635(i) see an excellent article at http://www.jtexconsumerlaw.com/V9N1pdf/V9N1bankruptcy.pdf, by Jean Braucher, who is Roger Henderson Professor of Law at the University of Arizona, James E. Rogers College of Law, where she teaches bankruptcy, commercial law and contracts. She is a frequent speaker and writer on consumer law issues. She can be reached at Braucher@law.arizona.edu.
You indicate that purchase money mortgages are exempted from TILA due to the lobby of the lenders. I agree that it is generally exempted, but my reading of 1635(i) applies to all consumer loans–including purchase money mortgages in the context of foreclosures. Is your reading of 1635(i) different?
I’m with Beverly as far as timing goes. My sale date is also scheduled for November 24. I have read through this entire thread and know that I should also qualify for a fraud case. My situation goes a little bit deeper but is not detrimental, just factual. Can an attorney contact me or can I be provided a contact for an attorney specializing in real estate foreclosure law preferably in the San Bernardino County of Socal. The property is located in the Rancho Cucamonga vicinity. I’m going to ask for a 30 day postponement tomorrow, Nov. 3 based upon a potential short sale offer with the right to two additional postponements if I’m lucky. I need professional advice ASAP. Please? Diane W.
Is it true that the name of the lender needs to appear on all Notice of Trustee Sale posted on your front door? I noticed that on all of them, only the name of the trustee is stipulated.
Also, is it even worth asking for modification from a lender at this point before the trustee sale. Or can we just fight them at this point. If so.what is the next best thing to do. Trustee sale is supposedly dated Nov. 24.
One last question for today, after a lender agreed on a “forbearance”, can they at anytime sell the property without due notice…meaning to say they don’t have to send you another notice of sale since they’ve already done so the previous months yet stopped it because of the “forebearance”.
Can a “lis pendens” still be filed even after foreclosure?
Great information on this site!!
Neil, I am a Forensic Banking Investigator based in New Jersey. I’ve been in the banking industry for 20 years.
I am part of an organization that have helped homeowners stay in their homes and fight their lenders. We were the first ones to have a foreclosure action thrown out of court basedon fraud in the state of NJ.
Consumer Fraud has been the leading defense that we’ve used to stop foreclosure, supported by the violations of TILA HOEPA RESPA etc. Our analysis reports provide THE TRUTH about the transaction and questions if a “loan” ever existed in the first place.
I’d like to talk about how we could assist in the efforts being put forth here on this site.
please contact me at:
rnapolitano@aplannow.org
i think you can file just about any defense during the redemption period.
I have been following a lot of the articles here and they are all very informative and I have learned a lot about this mortgage mess. Keep up the good work. I am from the Riverside County area and I would like to know if you can refer a litigation attorney who more or less has the knowledge of the different violations and can do the litigation for homeowners. Thanks and hope to hear from you.
Jp Morgan Chase is trying to foreclose on me. I was promised a certificate of occuapncy at closing and was locked out of the house fo5 5 months. I notified the bank of the recession and told me they would not fund and they did. Help
Mr.G, thank you and I too would like to see the QWR document. My email is: bluedawnrealprop@yahoo.com
Also, so has anyone found out the answer to “foreclosureloser”? I believe that you can do a recission ltr after if you find out about violations after the sale…is this correct? In CA
Dear Mr. Garfield,
could your clarify statute of limitations for TILA claims, specially for money purchase deals some attorneys are dismissing the claims because they think the claims are over the time limit.
I do not agree with this position, I believe the time should start when you learn of the fraud and the violation.
Mr. G. I would like to see the Qualified Written Request document, please email me. oneche@aol.com. Thanks
Can anyone direct me to an atty. in Michigan, or one that can practice law in MI.
I need to know if there is a way to enforce the default clause in aproperly executed Qualified Written Request upon violation of the law requiring lenders to respond.
The document that I sent is a very heavy duty doc. with some built in demands upon non response, and if it can be enforced it will give homeowners a powerful tool to get a judgement against the lender.
If anyone would like to see the document, please email me.
thanks in advance
Carl , I live in NY can they help me.
foreclosureforensics .info
After reviewing several of the postings, there are several critical banking process questions not being addressed. did the bank deposit the Promissory Note or not? Okay, require in discovery the books and records, then demand credit for the full amount of your initial Promissory Note deposit. Demand can be done pre or post foreclosure. see the 7 minute clip.
Thanks Mario..
I honestly believe they won’t be back and I’ll start looking at the fraud and anything I can think of.
I have been so wrapped up fo the past two months, that’s exactly what I did for the first time today.
It felt good!
May day May day…need help fast in Chicago.
Need a foreclosure defense attorney who is as well versed in this stuff as Neil G is as soon as possible in Chicago area in order to file lawsuites against a few lenders wamu, cw and a few others.
Mary,
Your file will end up in the basement,the bank will not be in a hurry to come back.Now sue for FRAUD,Rackettering and Identity theft and for every other thing you can think of and relax.
I had the hearing on my foreclosure complaint and rceived an continuance of 60 days. This is for the attorney to find the paperwork on their claim of ownership of the note.
When the Judge ordered it, I believe the Plaintiff’s attorney was as shocked as I was. That was that.
A few days ago I received the Plaintiff’s response to my motion to dismiss. It actually gave me what he had, not enough to prove they had the rights to the claim.
The attorney tried to say that I was testing the legal sufficiency not the materials facts. The Plaintiff’s complaint state that by a local statute, quiet title, they had the authority to foreclose.
By introducing the statute, I was able to challenge the claim of legal ownership
I had to read and research local laws of our Supreme Court, local district laws, Fha Regulations…….until the hearing day came.
I must have done something right today. If they find the note and the recorded assignments, then I might have to loose but until they do….I consider today a big victory.
I am a former attorney willing to help with foreclosure defense for anyone who needs it in Florida and Georgia. We have had success in several cases using Neil’s materials. I plan on attending the seminar in Ft. Lauderdale on 11/11/08. I can be reached at (706) 416-9996 or by email at r.houchins@yahoo.com.
Hello,
I am desperately seeking answers to some of my questions a.s.a.p. because I am running out of time. I am afraid I am in way over my head on this one and am not sure where to turn for help but this site has been the biggest source of info. so far so I am hoping that some one out there ( Neil, Mario, anyone) can help me before it is too late!! This is my situation in short form I refinanced my home in august of 2005 with a mortgage broker here in Colorado and cannot believe the mess I am in now thanks to the guys at Summit Financial. They wrote a loan through Wells Fargo for me indicating that this would be my best option so I agreed and pulled some equity out to help my struggling business at that time. I went to the closing and signed all of the papers on 8-05-2005 and then just waited for my check. It was not until the end of September that I realized that there was a problem. When I got my first payment invoice from Wells Fargo due October 1st the payment amount was about three hundred dollars more than the note I signed and was told numerous times that was the total amount of my payment for the duration of the next two years and that we would refinance the loan again before the ARM adjusted , we would put it back to a fixed rate mortgage and all would be good. Well needless to say I was shocked when I recieved the first invoice and I immediately called Summit Financial to inquire about the difference in the payment amount and was told by the owner that the guy I had worked with must have forgotten to add the escrow into the total amount and that there was nothing he could do about it I would just have to pay that amount for the next two years because there was a prepayment penalty of about $12,000.00 if we refinanced the loan right away to adjust the payment to where it was supposed to be in the first place, where I could afford it. So for the next two years I struggled to make the payments and was ruining my credit as we went and would eventually after several repayment programs the last one (which put the pending foreclosure on hold) I made two of the four payments on time but the third one was just too much and I could’t make it, then I recieved a letter from Wells Fargo informing me that I had broken the repayment agreement but that there were still options available like loan modification if approved by investors. When I called to talk with them about the loan modification option they informed me that my home had sold at auction on April 23 2008 without any notice whatsoever informing me that they were proceeding with the foreclosure or anything at all as far as mail except a letter dated May 6 2008 not from Wells Fargo but from the attorneys for the Bank of New York Trust Company, NA as successor in interest to JP Morgan Chase Bank NA, as Trustee for the holders of BSABS 2006-3 informing me that there client was the successful bidder on my property and that unless I redeemed the property I would need to vacate by 7-7-2008 or they would file Civil action against me, that was the last correspondence I recieved re: my home until I was served with the Summons in Forcible Entry and Unlawful Detainer.
I have filed a Complaint in Federal Court for the many TILA violations and a motion to stay in the state courts but the judge has not ruled on the motion yet and in the meantime I missed the eviction hearing due to the attorneys having the wrong case number on the setting document so when clerks office was called to inquire about dates for the hearing they said no dates were scheduled. To make a long story even longer I had to file a motion to set aside judgement and am now waiting for a ruling on that as well, but the attorneys for the bank have filed a writ of restitution for the sherriff to come and remove me from the property anyway and posted a copy of it on my front door yesterday morning. So that is where it stands right now and I am afraid they are going to force me out unless the Judge rules in my favor and soon so that the stay stops the eviction. I wonder if I have done everything I can to try and remain in my home until the federal case is over and I win of course!!!!! Then it will not be an issue. Can someone please help me so that I don’t have to move out and so that I don’t feel like I am all alone and drowning. You can reach me at 720-266-7461 or email me at cindysfight@yahoo.com
This may seem like a silly question to some, but I have not received an answer on it……is it too late to send the recission notice after the home has been foreclosed on? I had TILA violations and a major Recission violation….then the house was foreclosed on….I am still in the home…is it too late to send the recission notice?….and help or advice would be great! Thanks
I purchased a house via lease purchase on August 12, 2008. I found out this month, the house went into default on August 14, 2008. My lease option gives me equitable interest in this house since I have made improvements and such. The mortgage is upside down almost $200,000. There has been some shady dealings in the different paperwork recorded. I think this is due to the origonal mortgagee just disappearing. Noone can contact her. So my question is… How do I insert myself into this fight to expose the trustee’s and lenders fraud? My objective is to claim title even if I have to file a lis pendens. I have found much information on this site but my main question is… what type of action will I file to be able to create a lis pendens? Would it be a quiet title action?
We have a few lawyers in South Florida that refer people to. Call me.
I am looking for an attorney that knows how to implement this program as well as handle a BK11 for me. I live in the Long Beach, Ca. area.
If anyone has some ideas, or can help, or can direct me to an attorney who is willing to work on a contingency, RSVP at BeMoved@AOL.com.
I travel between Cambridge, MA and Miami, FL.
Thanks for a great website.
I need help writing a Florida title insurance company to effectively involve them in indemnifying costs I anticipate incurring in bringing a quiet title action. I am an heir and former personal representative of my late mother’s estate. My eldest brother forged her signature in part believing he had a right to under a power of attorney she was not competent to grant. I’m under the impression title insurance companies sit back and do nothing in response to insureds’ claims unless a credible attorney gets involved.
There was also a fraudulent work history produced for my late mother to get her into a loan she could not afford, a predatory loan that later got securitized.
Wow! This is some fine material! How informative and as corny as it sounds exhilarating! May I please here from Jose as he has blunted state it IS the Hipanics & African Americans who were duped. I was a former “wholesaler for a major lender and was “part of the problem”. Now I want to be “part of the solution”! Please email me and/or call 631.482.1122 or gsweet@foreclosurecrisishotline.org
We are inubdated with folks that have been brutilized and now we can take America back, one home at a time!
Thank you for all who contributed and we are working with JB Felice and Steve Dibert battling this unjustice.
I need some help in the great states of Florida, New Jersey, CT., and California currently. As for attorney representation.
Thanks
Gerry “Sweet on the Street”
thanks mario,
i will check and recheck all my defenses. for a month i read and reread our state us supreme court judicial volumes and found alot i can use.
i am hoping that since the documents are contradicting the judge will either throw the case out or make the Plaintiff show all. Idemanded strict proof of everything.
i truely believe that by putting the wrong financial inst. on the “assignment of mortgage” and the fact the the only recording is the original lender on the date and book and page at our county clerks office will put them in position they will have to either ask for a continuence or drop the complaint.
It’s a hearing and i’m not sure what happens there, i would hope that because of the motion and asking for all supporting documents they complied, asking for the original signed mortage with the financial inst they put on as the original mortgee will be the one thing to stop them dead in their tracts.
I’ll let you know the hearing is september 29.
there are many people doing audits out there but there do not seem to be a particular standard as to how to the TILA test for finance charges , the APR and the payment schedule.
I have seen TILA reports performed with the software used by the mortgage broker to process and sell the mortgage product they have available for the public, some are using compliance software to assist the attorneys, some are using their own software products.
Can we tell the consumer how to separate the good form the bad?.
Can we tell the consumer what is the actual standard?, can we tell everyone what is the proper way to calculated these figures, all these software products can and may be fully manipulated to provide any result you want, any result the lenders wanted?. Can we set the record straight?, can we give the victims, the judges, the lawyers a standard systematic and scientific product, report, and result that will stand in court?.
A product that reflects the true reality of the clients documents, transaction and fraud filled loan.
I agree with the assertions brought about by many people about the Audit process, product and processes available out in the market place.
I paid a good chunk of cash for my audit at one point, It worked for the BK court to stop the foreclosure attorney, but I am not 100% sure about the TILA math. I know my home was over appraised by more than $300,000. How does that play into the TILA audit and USURY claims?
Could we clarify some of these concepts and questions?
We would greatly appreciate it.
When the consumer financial resources are limited, I had to make sure I was paying for something that was solid and scientific, and factual as well.
Can there be a standard of certification process or seal?
Thanks to Neil and Every one involved in both the lay parson and the attorney seminars. I believe very important and fertile seeds were planted.
The information, the delivery of the information and the overall information was outstanding.
Anything and everything I can do to help, I want you to know I am 100 % committed to helping as many people as possible. This is personal to me. As a victim of predatory lending and now having become vested in the fight through my own case and assisting over 100 other families so far in Virginia, Maryland and DC get moving asserting their rights against these crooked lenders and servicing foreclosure mills, I can only tell you the people are responding well to the information and are taking on to the fight.
I have used my experience of over 15 years in RADIO broadcasting to inform massively in our area. The Hispanic community was targeted as particularly interesting market for these toxic mortgages.
I am doing presentations in peoples homes, in hotels and in my office. And I will not hesitate to go anywhere in the country to present the solution to as many people as possible in English and Spanish. YOU CAN COUNT ON ME.
I will email Neil the presentation I am using for your full review and critique, I have it both in English and Spanish.
Your feed back will be greatly appreciated. I will not have a problem doing public speaking to any size of crowd.
Thanks again for your efforts and information
I felt great being in the seminar and all of you were amazing.
Success to all of you and to all of us who are fighting, let get more people involved, the more the better.
Jose
Mary,
You are too cool.
Oh way to go girl.
One thing is for sure I am happy for you.
I hope you have double checked your defences, studied your materials in full and done every thing perfect and I wish you all the LUCK in the world. ****ps ***remember to update post with current information
Recently I filed a motion to dismiss foreclosure. I held on to the summons for a week and then they amended it, in the amendment they entered evidence of a “assignment of mortgage” but the successor in interest by merger was wrong and the mortgagee they swore to was not the recorded mortgagee.
It was a lost note affidavit and it was a cut and paste their attorney prepared. I accused the Plaintiff with submitting a false document and commiting fraud upon the court. Their very own evidence showed that the original loan holder was a different bank. I used their won evidence to show no legal stand to foreclose.
I am appearing pro se and wrote the motion myself. I have a hearing date set and I will appeal to our Supreme Court if the Judge doesn’t dismiss.
After finding this site I started by own research and read the cases in Ohio and could not believe how this “transfer assignment” has really been forgotten. The major piece of the cases is proof of ownership by the lender.
I had every check written on the said property, every transfer that has happen I have the original payment books, I have all the paperwork from the original loan/lender and all documentations through the years.
This bank has no idea how many times the security interest had been sold and the successor in interest by merger was listed but they don’t have that right either.
I know they won’t have any paperwork to provide the court . This whole thing is the attorney or their paralegal and they didn’t take the time to even read their own evidence.
I kept my motion short and cited State Statutes,
I asked the court to consider these cited cases of foreclosure actios.
I made copies of the cases in Northern Ohio District Court and put them for the Judge to read. I honestly didn’t feel that if I didn’t she wouldn’t even take the time to research.
What ever way this turns out ,because after all no one can take it for granted what a Judge will do…especially when it may be the first time this defense has been presented to her court, I feel good about how I defended my late parents estate.
I would never have had any idea how to start a defense muchless how to prepare a motion without this site.
Wish me luck!
Steve & Linda:
In reply to your post:
Although I appreciate your caution and due diligence prior to moving forward in unchartered territory, if everyone were to wait for mass consensus, approval, review and blessing before doing anything – nothing would ever get done. I’m not an attorney and I won’t pretend to be one. But what I do know is that in law when a complaint is made the burden of proof lies on the other party and until that other party properly rebuts that complaint, it stands as truth and fact.
I say make the arguments, raise the questions, charge the complaints and let the lender’s defend their position. What’s the worst that can happen – they’ll foreclose on your house? Guess what? You’re already there, so what do you have to lose?
Law Offices of
TIMOTHY McCandless
15647 Village Dr
Victorville, Ca 92392
TEL (760) 733-8885; FAX (909)494-4214
Most all foreclosures in California can be set aside. The power of sale by non judicial means is contained in the civil code 2932. In order to be valid the assignment must be recorded California civil code 2932.5. Most all notices of default recorded by the “Sub-Prime” lenders have not recorded an assignment till just before or just after the Trustee’s sale. They rely on the MERS agency agreement to protect them but under California law they are wrong.
we are intersted in hearing and posting your stories, the more the stronger we can be with saving homes
http://www.countrylied.com
NEIL,
I AGREE WITH MR. DIBERT RE THE ABOVEMENTIONED FORM-TYPE LETTER.
IF THIS LETTER IS WRITTEN BY WHOM I THINK IT IS WRITTEN, I WOULD CHECK OUT THE VALIDITY OF THE EFFECTIVENESS OF ANYTHING IN THE LETTER.
FOR WHAT IT IS WORTH, THIS IS WHAT I WOULD DO.
I WOULD INQUIRE WITH A KNOWLEDGABLE ATTY. AS TO THE LEGITIMACY OF SUCH A LETTER.
WHEREAS STATEMENTS IN THE LETTER MAY BE VALID, I WOULD INVESTIGATE HOW THIS TYPE OF LETTER HAS PROTECTED CONSUMERS.
I WOULD TAKE THE LETTER TO A JUDGE AND THE ATTORNEY GENERAL OF YOUR STATE AND ASK THEM TO CRITIQUE THE LETTER.
ALWAYS DO DUE DILIGENCE AS TO THE SOURCE OF THE TYPE OF LETTERS CREATED ABOVE.
THERE ARE EFFECTIVE LEGAL PROCESSES TO DEFEND CONSUMERS AGAINST FORECLOSURE OF THEIR PROPERTY. CONSUMERS NEED NOT VENTURE OUTSIDE OF THE LEGAL REMEDIES INTO ANY ‘SPECIAL’ REMEDIES.
WORK COLLABORATIVELY WITH OTHERS. THERE IS PROTECTION AND WISDOM IN COLLABORATION.
IF I WERE TO RECEIVE POSITIVE INPUT FROM KNOWN RELIABLE SOURCES RE ANY ‘METHODOLGY” RE CONSUMER MORTGAGE DEFENSE, THEN BY ALL MEANS CONSUMERS NEED TO UTILIZE ANY AND ALL LEGITIMATE AND EFFECTIVE WAYS TO ASSERT THEIR RIGHTS AGAINST A MONOLITHIC VIOLATIVE MORTGAGE INDUSTRY PLAYERS.
LINDA
FOR A FREE SEMINAR IN YOUR AREA ABOUT YOUR RIGHTS. CONTACT ADVOCATES AT 1 877-8 BAD LOANS OR EMAIL US AT WWW. CONSUMERSJUSTICE.ORG
The problem with posting a sample letter like this on apublic internet forum is that it gives the consumer a false sense of security. The consumer is not trained in the mortgage or real estate field and therefore assume that because they may have been a victim of fraud the lender or investor violated a RICO predicate which is very rarely the case.
Dear Marie,
If Neil gives a wink that you are good at what you do,I would need your service as soon as possible.Please email me malibubooks@gmail.com
Dear Neil,
I have read your personal mission statement and I would like to speak to you at your earliest possible convenience.
I am a Mortgage Fraud and Forensic Analyst an have twenty years’ experience in crisis and foreclosure intervention. The core of my practice involves the auditing or residential mortgage transactions and I am an expert in performing the type of Truth In Lending Analysis that a consumer or an attorney would need to exercise the extended right to rescind.
Kindly respond first by e-mail with some suggested times for a teleconference.
Thank you,
Marie