Comment:
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!!!!
Filed under: CDO, Eviction, foreclosure, GTC | Honor, Mortgage |
That is awesome! We know of others who are non-attorneys who’ve had similar success. Keep up the great work!
Congratulations!! Your tenacity should inspire others. I always tell folks that inactions will cost you your house! Action May prevent that. You have nothing to loose.