SEE foreclosure-defense-objecting-to-trustee-sale
NOTE: THERE ARE ACTUALLY THREE LETTERS OF OBJECTION AND RESCISSION THAT COULD BE SENT: (1) THREE DAY NOTICE OF RESCISSION, (2) THREE YEAR NOTICE OF RESCISSION AND (3) GENERAL CLAIMS NOTICE OF RESCISSION OR NULLIFICATION. IN ALL CASES, THE NOTICE SHOULD CONFORM TO STATE LAW AS TO FROM, SUBSTANCE AND METHOD OF MAILING. GENERALLY IT SHOULD BE SENT CERTIFIED MAIL RETURN RECEIPT REQUESTED. IN ADDITION, A FILING OF LIS PENDENS OR NOTICE OF PENDENCY TOGETHER WITH YOUR NOTICES AS ATTACHMENTS WOULD GUM UP THE WORKS ON THE PROPOSED SALE AND PROBABLY FORCE THE ACTION TO CONVERSION FROM NON-JUDICIAL SALE TO JUDICIAL SALE. THE ADVANTAGE IN CONVERTING TO JUDICIAL SALE IS THAT THE TRUSTEE OR “LENDER” MUST FILE A COMPLAINT AND ALLEGE THINGS THAT WILL EXPOSE THEM TO LIABILITY BECAUSE THE ALLEGATIONS ARE NOT TRUE. IT KEEPS THE BURDEN WHERE IT BELONGS — ON THE “LENDER.”
The three day rescission letter should go out to everyone you know or think has anything to do with this loan. The pretender lender who is on the note, the mortgage broker, the trustee, any attorneys, any name you have for mortgage servicer, aggregator, investment bank, SPV, etc. Even if they respond with ‘we have nothing to do with this loan’ you have narrowed it down. More likely you will get a more tentative (we are looking into it) because they don’t know whether a specific loan is tied to a specific pool, SPV or mortgage backed security.
The point being that failure to disclose the real parties in interest at the loan closing and failure to disclose the fees paid to those real parties behind the curtain that the borrower didn’t even know was there, they deprived the borrower of the knowledge of who he should send his rescission letter or other claims and objections to.
They can argue that the rescission letter is effective if sent to the pretender lender. But is it? And if they do argue that, have they opened yet another door? How do we now that beyond them just saying it? At best they have placed the borrower in the untenable position, now having discovered that there was a real lender and that the lender he had at closing was a pretender lender paid a fee for pretending to be the lender in what is referred to in the industry as a table funded loan of not knowing who to pay, not knowing who has authority to communicate with him, and not knowing for sure to whom he should address objections and claims.
By having insurance contracts, credit default swaps, cross guarantees, and buyback provisions as the ‘note’ moved through the chain of securitization, combined with the right to replace one loan with another, all mixed in with the fact that the buyback/substitution requirement is rarely enforced, there is no way for them to know with certainty whether the specific loan, even if initially assigned to a specific pool, is still in that pool, or has been supplemented with another note, or has been satisfied by one of the third party guarantee contracts.
In addition, the overcollateralization and reserve pools, and the hierarchical pledges between divisions (tranches) of the SPV corporation means that contractually, hundreds (perhaps thousands) of people had their loan payment assigned to pay off your payments if they were in a tranche below the one to which you were assigned without your knowledge or consent.
And even if you did make payments, your payments might just as well have been allocated to other loans in tranches above the one your loan was assigned to. With the AIG Federal reserve bailout, there is no question that there is insurance coverage on a lot of these loans. Why should ANYONE get paid twice? Is AIG asserting the right to recover under the note and mortgage? No!
In a letters to all the same parties a general rescission letter should go out under the three year rule under TILA, and then a third rescission letter even more general should allege rescission or nullification, something along these lines:
General Claims rescission Letter TO ALL PARTIES
LETTERHEAD
DATE:
SENT CERTIFIED MAIL RETURN RECEIPT REQUESTED
RE: BORROWER’S NAME AND ADDRESS
LOAN NUMBER(S)
Dear TRUSTEE (NOTE TO READER: SEPARATE LETTER TO EACH OF THE PARTIES AT CLOSING AND ANYONE ELSE YOU HAVE SUBSEQUENTLY DISCOVERED WAS IN THE SECURITIZATION CHAIN.
I HEREBY EXERCISE MY RIGHTS TO RESCIND THE LOAN TRANSACTION IN ITS ENTIRETY UNDER THE THREE DAY RULE, THE THREE YEAR LIMITATION, AND UNDER THE USURY AND GENERAL CLAIMS THEORIES AND CAUSES OF ACTION. BY FAILING TO DISCLOSE THE TRUE LENDER AND USING SUBTERFUGE TO HIDE THE FACT THAT THE “LENDER” AT CLOSING WAS PAID TO POSE AS THE LENDER WHEN IN FACT AN UNDISCLOSED UNREGISTERED THIRD PARTY HAD RENTED THE CHARTER OR LENDING LICENSE OF THE “LENDER “, THE LIMITATION ON MY RIGHT TO RESCIND WAS EXTENDED INDEFINITELY. UNDER STATE AND FEDERAL LAW, THE MORTGAGE IS NOW EXTINGUISHED AND YOUR RIGHTS UNDER THE TRUSTEE DEED HAVE TERMINATED. I hereby rescind the above referenced loan and/or declare it to be null and void and demand treble damages for the face value of the note, on the grounds set forth below:
1. Appraisal fraud: The original loan transaction and application were falsified by the ‘lender’ (the party named at closing as the beneficiary under the Trustee or the mortgagee, and the party named on the promissory note that was allegedly secured by the mortgage or terms of the need of trust), its agents, servants and employees as to fair market value of the property, the borrower’s ability to repay and the prospective terms and fees associated with the loan. At the behest and direction of the ‘lender’ the property was appraised at a much higher amount that was warranted by good appraisal practices conforming with industry standards. All parties at the loan closing, other than the borrower(s), were aware of the appraisal fraud and directly and intentionally withheld this vital information from the borrower. The borrower reasonably relied upon this appraisal, believing that the ‘lender’ was at risk and had performed due diligence and conformed with underwriting practices conforming with industry standards, when in fact the ‘lender’ was not at risk, the loan was in essence ‘table funded’ and the real lender was hidden from the borrower. Not only did the borrower no know about the existence of the real lender, but the real lender’s identify and contact information were withheld at the loan closing so that the borrower was unaware of the any of the realities of the closing, nor that the ‘loan closing’ was in fact part of a scheme to issue a negotiable instrument that would be issued by the borrower (by trick and deception) and later converted to other uses and terms, including allocation of payments inconsistent with the original terms of the note and inconsistent with the reasonable expectations of the borrower. The over-appraisal conformed with an illegal scheme to defraud investors in certificates of asset backed securities that were similarly overvalued. In both instances — the appraisal of the property, and the appraisal of the securities, the true parties to the entire transaction paid and directed ‘independent’ third parties to lie about the quality and value of the ‘investment.’ For the borrower, the scheme shortened the expected life or duration of the loan transaction, and taking the appraisal fraud into consideration, along with the many undisclosed fees, resulted in an exponentially higher cost of the loan than what was estimated or disclosed prior to or at closing. Borrower was induced to pay more for the property and borrow more on the property than the property was worth.
2. Fraud in the inducement: Borrower reasonably relied to borrower’s detriment upon the representations and good faith estimates and the duty of the mortgage broker and “lender” to act within their duties as fiduciaries and representatives of the borrowers in executing a loan that was vastly different from the loan the borrower was promised or reasonably believed to be the case at the loan closing.
3. Fraud in the execution: Borrower reasonably relied upon the representations and good faith estimates of the parties at the loan closing and was tricked into issuing what became a negotiable security from which the participants received fees and profits far in excess of their normal remuneration. The participants at the loan closing knew that the borrower believed that the borrower was merely entering into a loan closing when the borrower, without his knowledge or consent was in fact issuing what would be used as a negotiable security to commit fraud upon other third parties.
4. Usury: The appraisal fraud resulted in an undisclosed cost of the loan, in addition to the loss of earnest money, costs of closing and after-purchase expenses and costs that raised the cost of the loan well above standards set in this state for usury. No exemptions apply because (1) the real lender was not a bank or other registered or chartered lender nor even a party registered to do business within this state and (2) the transaction was in fact a securities transaction in which the rights of rescission were ignored and undisclosed.
5. PAYMENT: The “lender” was paid in full before, during or immediately following the loan closing by an agent of the real lender. To this was added a fee of approximately 2.5%. If there was or is a party that is a holder in due course of the note and who has not been paid by reserves, overcollateralization, credit default swaps, insurance, or cross guarantees, then demand is herewith made for the name(s) of such holder(s) in due course and their contact information.
PLEASE GOVERN YOURSELVES ACCORDINGLY!
SINCERELY.
BORROWER(S) SIGNATURES AND ADDRESSES
OR ATTORNEY FOR BORROWER
Filed under: CDO, currency, Eviction, foreclosure, GTC | Honor, Mortgage | Tagged: 3 day rescission, foreclosure defense, foreclosure offense, general claims rescission, three year recission |
Ok, I did the Rescission. They received the letter on February 14, and of course they responded with the normal letter that I was beyond the 3 years and they will not honor the rescission. I received the response on March 14. So what is my next course of action?
Can someone assist me with an issue. I submitted a Rescission with all the required documents, but having trouble getting it recorded in Baltimore County public records. Any ideas on how I can get it recorded? James Smith, jsmith5915@msn.com. 443 677 2799. Thanks
Can anyone tell me what lis pendens is and do I have to file it with a Notice of Rescission? I am in Maryland. James Smith, jsmith5915@msn.com, 443 677 2799
[…] THREE DAY RESCISSION, THREE YEAR RESCISSION AND GENERAL RESCISSION […]
Is it fraud to back date a lease and charge back rent before the two party’s could agree on the terms of the lease?
@ Mazurette
I am facing foreclosure on my property, I just received a motion for summary final judment.. I would love to get a copy of your set aside letter. thanks, cexume2000@hotmail.com
Here’s my situation:
I closed a purchase money loan along with a HELOC in fall of 2005 with “XYZ” bank.
All mortgage documents clearly state that “XYZ” is the Lender.
I’ve never been late nor have I missed a single payment.
Recently received documented proof through closing company that funds came from an investment pool and not “XYZ” bank.
FredMac now claims ownership of loan.
Property is in Wisconsin.
My primary residence
Here’s my question(s):
Can I / Should I attempt to rescind the loan under TILA?
Do I have a case in that “Lender” was not disclosed?
“Lender” did not provide proper TILA disclosure(s)?
“XYZ” bank committed fraud in attempting to pose as the true lender?
A Wisconsin attorney (who get’s it) reply would be appreciated.
Regarding whether or not lis pendens can be filed in California:
This section indicates only that a real property be alleged. The filing a rescission notice would allege a claim (that there is nothing due, the note is satisfied):
CCP 405.20. ” A party to an action who asserts a real property claim may
record a notice of pendency of action in which that real property
claim is alleged. The notice may be recorded in the office of the
recorder of each county in which all or part of the real property is
situated. The notice shall contain the names of all parties to the
action and a description of the property affected by the action.”
But this section refers to a court action:
CCP 405.21. “An attorney of record in an action may sign a notice of
pendency of action. Alternatively, a judge of the court in which an
action that includes a real property claim is pending may, upon
request of a party thereto, approve a notice of pendency of action. A
notice of pendency of action shall not be recorded unless (a) it has
been signed by the attorney of record, (b) it is signed by a party
acting in propria persona and approved by a judge as provided in this
section, or (c) the action is subject to Section 405.6.”
And what does “a notice of pendency of action shall not be recorded unless…(c) the action is subject to Section 405.6?
CCP 405.60. ” Upon the withdrawal of a notice of pendency of action
pursuant to Section 405.50 or upon recordation of a certified copy of
an order expunging a notice of pendency of action pursuant to this
title, neither the notice nor any information derived from it, prior
to the recording of a certified copy of the judgment or decree issued
in the action, shall constitute actual or constructive notice of any
of the matters contained, claimed, alleged, or contended therein, or
of any of the matters related to the action, or create a duty of
inquiry in any person thereafter dealing with the affected property.”
I’m not seeing a clear answer here that one has to be in court to file lis pendens, but if he is in court, then certain rules apply.
??????????????
Can anyone confirm what I am gathering from Neil’s commentary above, that I am able to file lis pendens immediately after the sending of the rescission letters.
Lis pendens announces pending litigation. Can one do this without a court case?
David
davidwood100@yahoo.com
Im getting ready to write a letter of riscind,I live in illinois,Is there a particular letter i should use ,,,thank you…
Question
why not also claim unjust enrichment in recission
For further conversation on this matter contact the writer.
Andrew, on October 5th, 2009 at 12:26 am Said:
Andrew, on August 13th, 2009 at 10:44 pm Said:
To homeowners and the like who are facing same situation as quoted by “Diane on December 31st 2008, need to do two very important documents;
1: File a Substitution of Trustee
2. File a Revocation of Power of Attorney
Both of these are done filed by the Trustor (who is the Borrower). They and they alone have signatures on the Trust Deed, and because there is no signatures from a Trustee, Beneficiary, Lender, Bank Official or for that matter anyone else…. This is deemed a UNI-LATERAL CONTRACT which in layman’s terms means the Homeowner may change theses above named documents, in addition to others.
Contact us to un-ravel your note before it goes to court, if possible.
You may qualify under the following Acts; TILA, RICO, SOX, RESPA, and others for violations.
All Contracts to be enforceable by any form of law are required to be signed by two parties and in the Real Estate, in most states require 2 – 3 witnesses as in Florida.
Was the broker/lender registered to sell securities in terms of the FINRA/SEC regulations [formerly known as NASD]? Do they have a Series 7, 65 and 66 or other license?
Hope this helps another Lay-person. For further non-legal, non lawyer nor financial advice, they may call 503 342 2817 or email cci_andrew@hotmail.com
I again state that this is my opinion, and not a legal statement, cannot be relied upon, and is subject to the Terms and Conditions found at the website http://MaverickVisions.com
If the Power of attorney given to the Title Company/Lawyer/Closer was to be renounced and rescinded then all this madness against homeowners and their properties would stop, since the lenders would no longer have authority to conduct business using the homeowner/grantor/ supposed borrowers authority. The Trustee also needs to be rescinded and a substitution trustee appointed.
Don’t be Timid!
i have most of the pleadings and notices to stop foreclosures
flcommercial@bellsouth.net 407-610-1192
M. Mazurette
I find you website most educational.
Please send me a copy of your Complaint and Motion To Set Aside the Foreclosure Sale. Please feel free to send any other documents as well! Thank you!
M.Mazzurette,
I have recently recieved a N.O.D. I would be very greatful if you would send me a copie of your complaint and recission letter.I am in desperate need of direction on how to stave off the bankers.I lost my job due to the market crash and now the house and everything we”ve worked for is going with it.My wife and 2 boys are looking at me for answers.Please help Thanks Jerry
Hello M. Mazurette,
I am one of many that need any filings you have to stop foreclosure. I have been in a custody battle as well and need to save my home by any means necessary. The foreclosure procedures has begun!!
My refi loan closed in 07. It was a second home and according to my closing addendum, WAMU had the 3 day letter of recission as a requirement.
I can’t find this letter anywhere in my loan papers and WAMU says that there is no specific letter…just an acknowledgement 2 pages below the requirement that I signed and acknowledged (pages don’t even correspond).
What should I do?
M. Mazurette,
I would like a copy of any motions etc that you have. I am trying to fight a foreclosure on my property.
M Mazurette would you be so kind and send a copy of your complaint and motion to set aside at your very earliest convenience.
Kind regards,
M. Mazurette – I didn’t leave my email. If you or anyone has a Motion to Set Aside the Sale, I’d greatly appreciate a copy of that and ANY other docs you might have. It’s MMiddien@gmail.com. Thank you.
Hello M. Mazurette,
would also like a copy of your motion to set aside. I want it for my sister-in-law who just received a NOD.
My home was foreclosed on in November — after being lied to that my house was ot up for sale. WaMu didn’t even know it was sold.. Crazy, crazy, crazy. Lost the UD, but still in my house. Is it too late forme to use this motion for myself?
M. Mazzurrette,
I’m super impressed!!! We have a sale date on 5/1 and I would really appreciate a copy of your Complaint and Motion To Set Aside the Foreclosure Sale. Please feel free to send any other documents as well! Thank you! Thank yo!
I am inquiring if a loan services (citibank) refuses to modify my loan and sends us to RCS, Residential Credist Solutions and tells me I they are modifying the loan and I am there customer and they are a loan servicing company. When in reality they say on a recorded message by telephone that, ” this is a an attempt to collect a debt and everything I say will be used to for that purpose”
Having said that, in the course of about two weeks I work with the loss mitigation department to work up a modification. They email me 5 pages of paper work and tell me I have 24 hours to respond.
or the loan will be cancelled and that it is time sensitve. My home is underwater $47,500.00
and they would not reduce the principal amount and foreclosure from Citibank is imminent. I feel pressured to sign the rate is great but the new loan amount is 177,315.10. My original refinance with Citibank was 175,000.00. We have had it for 3 years and paid 32,000.00 in interest. That is 12,000.00 over the 20,000.00 we borrowed. I do not understand why we should loose all of our equity because of our neighbor. My question is this… Does a debt collector / loan servicer have the ability to send 5 papers 8×11 with no TIL or RESPA DOCS? Tonight is the night of the 24 hour period I “pray” that you can answer this email
early today. 3/21/09.
Blessings Judy A Scott
To M Mazzurrette,
I would also like a copy. Could you please help me and Email me the steps to file a motion to set aside, and any other relevant motions. Do you have a sample of your filings for a guide. Can you please email me a copy. my email is lalawyer@hotmail.com
Thanks a lot
Still waiting on these docs… Please send
To M Mazzurrette,
I would also like a copy. Could you please help me and Email me the steps to file a motion to set aside. Do you have a sample of your filings for a guide. Can you please email me a copy and a step by step guide. my email is pendolinos1@sbcglobal.net
TO M. Mazzurrettte,
I am also in trouble in Sacramento Ca. would love some help. Can you please send me a copy of you documents that you used to fight. I got my NOD Feb 4th 09. My e-mail address is cabbie@aol.com.
Thank you for anything that you can send,
Gardener
To M. Mazzurrette,
Could you please help me and Email me the steps to file a motion to set aside. Do you have a sample of your filings for a guide. Can you please email me a copy and a step by step guide.
I am in trouble for my home in Ca also
Thank you very much for your help
eric.al29@yahoo.com
Eric
Could you send me the docs you used, I too am in foreclosure and need help..
Thanks
M. Mazurette // September 24, 2008 at 4:10 AM
Andre, I’m not sure if you are directing your request to livinglies.com or from my comment above yours. I would love to help you by sending you my Complaint and Motion To Set Aside the Foreclosure Sale. Just need your email address and I’ll do it A.S.A.P. I laso used the book “Stop Foreclosure Now” by Lloyd M. Segal. It has samples of whats need. Except I filed for Quiet Title also.
Please contact me via shelw915@yahoo.com
I would love to have a copy of the documents for what I need to object to the sale of my home which is scheduled for February 4th. I am also facing an eviction and the lender was a predatory lender.
M. Mazurette ,
Can you please also send me a copy of your motion. I will reread all the comments above later tonight so I can understand all that has been said. Thank you. cnm642@hotmail.com
M. Mazurette
or someone could email a copy of M.Mazzurette docs to me that would be a great help. matteoart@gmail.com.
I just posted and would like to see how you all are proceeding forward
This is my 1st post, this blog is heaven sent. I can not believe that there is actually people out there that are willing to give a hand. California…Countrywide…need I say more. I’m trying to hold off on foreclosure, I”m unable to retain an attorney. Today I plan to send out a Rescission notice, in a bare bones FRB model notice (3 yr.) followed by intent to audit. time is of essence, all suggested Docs. samples and general advice is much appreciated. Thanks
The E-mail above is incorrect it is cdsmithnow@yahoo.com
I just got a notice of foreclosure,looking for help as well. If someone could email a copy of M.Mazzurette docs too me would be great start.cdsmithnow@yahoo.com. Thanks a Bunch and God Bless and help all of us that have fallen victim to these BANKSTERS!!!!!!!1
My home foreclosed nalmost two years ago. Can I still do a mortgage audit? I know for a fact that there are violations within my mortgage. Would this be wise? Inaddition, the servicer and bank that did the foreclosure put a $98,000 dollar defiency against my credit, even [they] though the bank were the highest bidders @$423,000. Is there any thing I can do?
I would like a copy too. My email address is mrlinton82@aol.com
Hi Lauri,
If you get it please send me a copy as well. I have requested it also, but have gotten no response. Thanks.
bluedawnrealprop@yahoo.com
To M. Mazzurrette,
Would you be kind enough to send me copies of the motions to dismiss and all those you offered to send the gentleman, to see if it would help in my case. I don’t know what to do, I am looking for more info and doing lots of research to see ways to help my case and some others I know who are in the same situation.
I beg of you
laurinae@msn.com
Thanks a millions
Lauri
Perhaps someone can shed some light to what to do next..I have received a Summary Judgement Notice for next week. After requesting the original note, I received the copy today which I assume it has been recorded. I have not performed an audit yet but I know the loan has various violations to TILA etc. My loan is a hybrid and the property value has dropped 100K and I am left unable to refinance due to inadequate collateral and left unable to afford the payments after the payment adjusted. Can you HELP? Thank You
Or you could just hire some Indians lawyers that are were trained in America for about $180 dollars their drawup a motion for you based on request in your jurisdiction standing that you could take to court and file prose. One firm I use and help others is called Biz Legis
ask for Jolly John tell him James sent you.
http://www.bizandlegis.com
Your local court usually has rules self represented individuals get a copy of those rules and scan into your computer and upload to them. Also since they are india you’ll have to scan copies of your judgment and other documents in your system to send to them but other than all should be well.
I usually setup a k7.net account and fax the documents to myself and then print them out and save them as pdf’s and send to them. Works like a charm and very inexpensive.
M. Mazurette is absolutely CORRECT. You the Pro Se or Pro Per can do it.
Here has been my Pro Se approach:
Inspired by what I have read here, I frequently visit my local COUNTY LAW LIBRARY or LAW SCHOOL LIBRARY (which are supposed to offer open access if they are a federal depository or receive federal funds) and pore over the various books and databases there.
Most helpful are:
1) the state’s Rules of Civil Procedure with annotations that include the latest decisions and changes (be sure to check the update pages at the back)
2) the FREE databases, including Westlaw, where I am able to SEARCH for and read cases that relate to mine (forgery, title insurance issues, predatory lending, fraud, TILA, RESPA, HOEPA, and UDAP violations, etc.) and help me find CURRENT controlling Florida cases I can use when I compose each Memorandum Of Law I submit with my various motions. I ALWAYS make sure I cite case law that asserts that Pro Se pleadings should be liberally construed.
3) the books put out by the NCLC (National Consumer Law Center) – written for lawyers, but understandable by the Pro Se layman. NCLC also may take phone calls seeking legal advice.
NCLC’s books include FORECLOSURES, and TRUTH IN LENDING, UNFAIR AND DECEPTIVE ACTS AND PRACTICES, etc. https://shop.consumerlaw.org/index.asp?PageAction=VIEWCATS&Category=2
My county law library every year discards old books and their CDs after the brand new update book comes in. I have quite a collection, and I make sure I keep up with the latest case law.
I always BRING MY MEMORY STICK (flash drive) which I insert in the USB port of the library PCs that access the databases and CDs. I download loads of relevant material, take it home, read, cut and paste, massage, edit, compose and print out my customized documents there.
Not only do these books and CDs help me understand the subject, I download to my memory stick valuable SAMPLE demand letters, discovery requests (Request For Production of Documents, Interrogatories, and Admissions), pleadings, etc. found in the valuable CDs AT THE BACK OF THE BOOKS!
The librarians (some are attorneys) are a great resource and often attorneys who are there looking up case law are available to answer questions, mindful though not to create a lawyer-client relationship.
Judges who are supposed to be neutral, often bend over backwards in court to accommodate a Pro Se who has done his/her homework.
Where your case needs special attention, is unusually complex, or if you’re clueless about the Rules Of Civil Procedure or how to litigate, or you’re up against strong legal adversaries and risk being not taken seriously, you may be better off retaining a good attorney, if you can afford one.
Good luck! Otherwise, be your own HERO!
Allan
BeMoved@AOL.com
My email address is thecreative100@yahoo.com
Thank You
B.Michael White
Hello M. Mazurette, I would also like a copy of your motion to set aside I am currently going through the same process now. I have a summary judgment hearing coming up Oct 31st, I have managed to hold these guys off in Fed court but I am sure it will be remanded, so I need to file a complaint and emergency motion to set aside and restraining order to stop the eviction and this would help immensly.
Hello I am looking for any assistance in helping my sister who is facing a foreclosure proceeding in Miami Florida. She sent to the America Servicing Company BDA Wells Fargo Home Mortgage,Inc a Respa Qualified Written request, Complaint, Dispute of Debt & Validation of Contractual Disclosure. Needless to say they did not answer within the 20 days allowed. A court hearing was scheduled And a Memorandum of Law was filed 7 days ago for Final Summary Judgement. Stating that no genuine issue of material fact. She showed up at the hearing and told the judge at my behest that their are issues of material fact not addressed in this matter. The judge did not grant the banks order and gave 14 days for her to file an answer..Can a Motion to Dismiss based upon non contractual disclosure, mistake or fraud, is there any help anyone can provide. thank you and God bless all who are helping in these troubled times.
M. Mazurette, would it be possible to obtain a copy of your documents? After a 2 year battle with GMAC, having tried bankruptcy and messing that up, and the VA postponing the sale dates several times, GMAC sold the house to the Junior Lien holder, I believe at Auction, which I was never informed of the date, nor was anything sent to me via Registered Mail, nor was anything posted on our property concerning the sale date.
I do know that the 2nd on the house has just advanced $35 for Preservation, so I assume that an eviction notice is forthcoming…
Any help with documents, etc or advice would be greatly appreciated,,,
Also, does the problems with TILA everyone is speaking of deal with the Morgage company not actually having the documents, IE Deed/Title, or whatever its called??
My email addy is calxraydreamer59@aol.com
Thanks
Citi Mortgage who took over Citi Residential Lending, who are servicing for an Ameriquest loan, responded to a request for validation of the Original note by saying
“We don’t have the Note, it’s probably in a Pool we’re just the servicer” however, they are the one pushing the Trustee Sale. I’m here in CA(San Bernardino County) and I want to file a motion,or quiet title, or something to stop this Trustee Sale. Does anyone out here have a copy of such a document that I file here in court.. avrall@aol.com Thanks for any assistance.
M. Mazurette, you can email me at: avrall@aol.com. If you can include your contact information I’d would like to speak with you.
Thanks!
M. Mazurette, would you mind sending ths information to me as well?……thanks!
Andre, I’m not sure if you are directing your request to livinglies.com or from my comment above yours. I would love to help you by sending you my Complaint and Motion To Set Aside the Foreclosure Sale. Just need your email address and I’ll do it A.S.A.P. I laso used the book “Stop Foreclosure Now” by Lloyd M. Segal. It has samples of whats need. Except I filed for Quiet Title also.
How do you file a motion to set aside here in CA. Do you have a sample of your filings for a guide. Can you email me a copy and a step by step guide.
Thanks!
I had commented previously on your impressive website, and now I would like to try to give a little encouragement to California residents facing foreclosure. Don’t be discouraged if you can’t afford an attorney. It may take a lot of reading and research but there is hope. It doesn’t matter how slim that thread of hope is, if it’s there, GO FOR IT!
I have been working on fighting a foreclosure for a friend since June 23, 2008. 2 days before the home was scheduled to be sold. I wouldn’t shut up until he called his lender and requested a 30 day extension. It was granted after we convinced them that he had a income. He couldn’t afford an attorney so I started reading articles on the subject of renegotiating, refi to a 30 yr fixed, etc. Then I came across T.I.L.A. violations. I discovered my friend’s loan was pretty new, Oct. 06. I downloaded TILA manuals and I started going over his loan documents. When I found 1 violation I urged my friend to send the Notice of Right to Cancel, certified mail. I then realized he had a new mortgage co, after investigating I learned the original lender had sold the loan. I sent Cancellation Letters to them also. We waited 20 days for a response that didn’t come. On August 28, 2008 we are informed the property was sold. The new owner was pressuring him to move. By accident, I found out his lender had bought the property. We filed for a declaratory judgment and preliminary injunction and filed ex parte for a TRO hoping to restrain the lender from a unlawful detainer, but the judge said it wasn’t a matter of urgency. I went back and filed a emergency Motion to Set Aside the Sale. We were served with the unlawful detainer next. Our next move was to go ex parte on the motion. Then we discover a newly recorded document dated 3/1/2008. The loan was assign to a third party in its entirety. Now we had the lender committing deception and fraud.
Today, on the ex parte, the judge granted a stay on the unlawful detainer, a TRO and we go back in a few weeks on the motion.
I did all this and I am not an attorney. Don’t give up!!!!
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my question about alleging fruad. Should you alledge fraud after discovery and a TILA audit?