36 Responses

  1. all of these post are old i i went through american lenders with my home loan and that loan went straight to country wide then a few years boa took over all of ther home loans i am a disabled vet and in 08 my wife had a bad accident and had to have several operations over the last 5 years i called countrywide and told them my problems having to buy my wife meds with cash about 2000 dollars a month the bank said they were going out of business and boa was taking over and gave me a number boa said they would help me and they have done nothing in the 5 years i have not made a payment.i went in to foreclosure 2 years ago and went to court the judge gave me 14 days to file a answer i filed a stop forclosur for lack of standing on all their banks and trustee’s i did all the foot work thay put a stop on everything so far went to court and the trustee put their answere off for 5 months went back to court on November 13 th and i told the judge that their attorney has 5 months to prove just who has the note the judge said he would take care of that and told their attorney he would give him 15 minutes to argue why he should dismiss my lack of standing.i dont know how to argue in attorney words if the judge sides with me ill get to keep my home if he dismiss it ill loose everything i have my wife is home bound and bed fast most of the time.i ilve in illinois. i talked to a attorney told him the problems he said he would argue my case for me for 1000 dollars and i could give him half up front and half at court on january 11.th.i will half to sale something to get the money but i thank ill come close to keeping my home.in my 64 years on this earth i have never seen anything like this.i have noticed all around here all these homes the banks took from people their fixed up and for sale or rent to owne.if you live in southern illinois and need a attorney that not a high cost one let me know.god bless tom.

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  3. They only have to sell for the ‘advances’ funding to the TRUSTEE and then benefit in origintion and servicing all over again. They can’t make a profit or affect REMIC status.The ‘substitute- trustee c/o Issuing Entity dba Registrant pass thru agency of Trustee gets advances, credit enhancements, monthly P&I first 90 days of default and then and only then may the ‘servicer’ negotiate loan modification in which they will be third-party lender not Trustee.

  4. California, at auction federal housing buys loan, offers to everyone at top dollar $400,000 sells to Fannie for $124,000? or less, and there is your justice?

  5. why aren’t the homeowners ever at these auctions just the same LPS employees working for the devil where are they , let me guess everyone’s at work but not to attend their own sale is strange. some lady told me (lps employee) to not walk on the grass in front of the courthouse. imagine she interrupted the auction in front of everyone to scream at me for walking on the grass, you know what i did right.just kept walking

  6. print your own cashiers checks ….why not they do

  7. been there seven trustee sale dates postponed in hopes something would turn around and they would amend the mistaken misapplied payment ive taken forged checks, thinking was going to jail but not without a fight watching the bastards stealing houses on fraud paperwork radical hu? cant believe this is seriously happening year after year month after month why is our united states perpetuating all the fraud and letting it all fall by the way side? witnessing lps and the rat bastards fidelity national title steal houses .everyone in the area knows whats going on yet turns their heads . as i watch and make sure mine was really postponed i don’t believe a thing any of them tell me just to make sure that the liars and thieves applied the sale date correctly sad and true the mortgage servicer has turned me over to the three bureaus claiming i never made one payment ….what happened to my 59000.00 dollars they stole?

  8. If the foreclosure lawyer is not at the sale on time, and you are the only bidder, there’s nothing to stop you from bidding ONE dollar, ONE
    cent, or one HUNDRED dollars up to 20% of what is the value of the
    property. The sheriff holding the sale could give a 5h!t. His only purpose is to sell the property.


  10. […] See go-to-the-auction-and-submit-a-bid-before-you-attack-the-foreclosure-sale-members-only-newsletter […]

  11. […] GO TO THE AUCTION AND SUBMIT A BID BEFORE YOU ATTACK THE FORECLOSURE SALE MEMBERS ONLY NEWSLETTER MOST POPULAR ARTICLES GET COMBO TITLE AND SECURITIZATION ANALYSIS – CLICK HERE GET NEWSLETTER: FOR PASSWORD BECOME MEMBER AND LOOK AT YOUR EMAIL Filed under: bubble, CDO, CORRUPTION, currency, Eviction, foreclosure, GTC | Honor, Investor, Mortgage, securities fraud Tagged: foreclosure, foreclosure defense, foreclosure offense, foreclosures, securitization, TILA audit […]

  12. (Q) How can your general ledger arguments prevail when the assignment and not are not enforsed etc etc…its a waste …No?

    MSoliman – IT WOULD BE AN HONOR TO ANSWER YOU . Your coming alive here (in arguments) and this indicates your knowledgeable – your not willing to accept something of, ALBEITsubstance, the court may find foreign or alien to the gravamen subject matter.

    Let me be also clear – Argument is good .

    But I can show you or a Judge conclusively – there is no way in hell the party foreclosing is entitled to have received the rights to the ownership of that asset. Attorneys for our side and not the opposition cause even my own clients to freak-out and question me or more importantly the logic of math.

    Its not me thats right , wrong, hero , zero etc – its basic math and accounting . NUMBERS DON’T LIE.
    Look; assume with confidence my arguments conclusive (upon proper introdcution of course) –

    *C*O*N*C*L*U*S*I*V*E*L*Y I have testified and prevailed in Quiet Title and accounting got the California State Appellate Court to hear my testimony and REMAND. I ALSO TESTIFIED IN A CRIMINAL EMBEZZLEMENT CASE FOR A LOT OF $$$$ The defendant walked ! Your a good person. You care about your clients ….but don’t discount what I am saying . So what would you do if you knew you could close the door on this controversy. . . Monday Morning . File a motion and its over!

    That’s my dilemma.

    Everything I commit to and preach turns into someone else’s seminar for a fee. LOL

    No charge here, no fee-
    What would you do?

    M. Soliman


  14. Good luck, Bruce!

    I’ve been dodging bullets from my servicer…I demanded to see conveyance to a “trust’—so far they are ignoring me…

  15. Our trustee’s sale is scheduled for June 20th. Can’t afford a lawyer and don’t have money to make a bid. Sent great letters with help of paralegal disputing the servicers authority to excercise the power of sale clause in deed of trust. Also claim to have a loan mod by performance of servicer accepting 8 payments with expressed terms for modification attached. Threat to sue if sale is not cancelled. Preparing to file if sale happens. Wish I could make a credit bid for all my investment of building my own house and developing raw land. Guess we’ll see where this goes. Might be a MERS hold on my sale, but can’t confirm it yet.

  16. @Beth-Keep up the strong fight. Everyday the judges are learning more and more. Glad the judge did not confirm the sale June 2. One step at a time, and your step was forward. But you did the right thing…you gained knowledge from going to that sheriff sale. Sending wishes your way the judge allows no further sale and returns the home back to you.

  17. To Kimmi and Beth

    I feel for you…there is so much fraud on so many levels…it’s a daily struggle just to decipher truth from lies, fact from fiction. I too am so thankful to have found this site, if only to restore my sanity. Considering this time last year (while in the midst of complete “loan mod HELL”—before found this site), I had to go to the emergency room for a severe panic attack—and accumulate an $8,000 medical bill—with no insurance.

  18. Although I appreciate the abundance of legal approaches provided for homeowner’s fight against unlawful foreclosure, in my opinion and experience only, is is weighted significantly on a kind of equal playing field that exists primarily in the media, the manipulators, and the judgements of clueless onlookers.

    That reality should be evaluated before making any decision that includes the perception of a process and opportunity to be treated with honesty, fairness, and integrity. However, from the gate, through out the entire process, bar none, to the end; which includes the loan or refinance initiation, everything in between including with held, misapplied, or delayed payments, bogus fees, charges, manipulation of payments to create late / partial payments using lost, or disappearing escrow, unpaid taxes or insurance. The resulting charges, fees, forced placed insurance, and worse, pales to the pretense of a loan modification that was and is used to manipulate the foreclosure. When I speak of the end, I refer to the search for justice by the legal system. In my case I would summarize as the complete disbelief by which one may be bled dry, mouth agape in astonishment at and while losing every step of the way.

    Manipulation and outright lies as to the status of the sale including the dates of sale, which although they differed several times, my being at the auction to confirm no one bid, that the sale was ‘postponed’ (ha ha), and while I continued to participate in the ‘modification / HAMP ‘approval’, the court documents show it sold first thing! Although, my attorney (not the first mind you), hit all the key points that should have sent these posers packing, I lost and was booted out without facing a single or semi logical modicum of truth from the other side. A strong case and fight was little more than a joke in the system in which I participated against a weak, poorly presented diatribe of untruths, forgery, and opinion stated as fact. That said, it never stopped my losing in CA appellate court; all in the face of nothing but obscene lies.

    Deutsche was able to provide the illusion of arms length to get the property into the hands of the ‘servicer’ who to this day refused to answer questions of ‘amount’ owed to ‘WHOM.’ Yet, once it was blasted through summary judgement and UD court, Ocwen, the claimed supposed servicer ended up submitting the 1099 showing the credit bid used to get the property for which THEY created the alleged default!!!

    Just add trustee (as many times as you like) and poof, the servicer you called to ‘work out’ your issues (mine not being a missed payment but misapplied, delayed, disappearing, escrow, payments, taxes, insurance, and bogus fees), as directed by media, banks, & our politico’s and you may find yourself well on your way to assistance, direction and justice as I was. Help having my home of over 34 years ripped from under me while I fought with tenacious fortitude every step of the way!

    On the planet where I sought justice, I was simply a dimwitted cartoon character portrayed as a deserving deadbeat then treated with contempt for having the gall to waste the time of judges and their court rooms.

    What is the good news? There are caring, empathetic, intelligent, and loving people who have made this traumatic experience a journey in finding there is still good in this universe. You know who you are, how you have guided me, both in the legal process and the sharing of your spirit. The many times of selfless encouragement and empathy changed this journey for me more than you can know. To have not been alone in despair that at times consumed my life and self changed my path as your encouragement reminded me to sing when I had forgotten the words. Love and hope to you all and know that to stop here means only that it is logically, financially, and realistically time to alter my fight for THIS home. I am a little less sad but as passionate as ever!

    Special thanks to Mike H. for keeping me mindful of the plot, you are one of the dearest brainiacs I know!

  19. Blommer Peterman in Milwaukee

  20. Stunned!, ukg here from Bristol, WI. Who’s the FCM?

  21. I am not a member here, but I did try to join and I did try to buy the combo title and securitization several different times in Feb. before my house was scheduled for sheriff’s sale. I even sent emails about this, but did not hear back from anyone. However, I am not here to complain. I am here to make a comment about submitting a bid because I did go to the sheriff’s sale on my home. I did not make a bid on my home, but I was there and saw the following happen. At the sale that day there were two or three investors with cashier’s checks and two regular people who also had cashier’s checks who wanted to buy a foreclosed property for a son or daughter. Their (the investors and the regular people) offers did not trump the banks. In fact, in at least three cases the sales prices that had been advertised in newspapers and on makeshift billboards in the yards of the foreclosed properties were significantly less than what attorneys representing the banks quoted as opening bid on the day of the sheriff’s sale. All of the attorneys for the banks used credit bids to buy the properties. They laughed when those who had cashiers checks with them objected. CitiMortgage who had steadfastly refused to modify my mortgage or work with me on a short sale, dropped the judgment price by $38,000. Two days before the the sheriff’s sale, a CitiMortgage loss/mitigation rep informed me that the reason Citimortgage had not been able to restructure my mortgage or participate in a short sale was because Loan Star Funds was the real owner of my mortgage. Until that day, I had never heard of Lone Star. But some research has lead me to believe that my mortgage must have been bundled with lots of other CitiMortgage (Argent was the originator.) mortgages and sold to Lone Star for 22 cents on the dollar. They are securitiaing these mortgages and the whole cycle starts over again. I have retained counsel. Over the objections of CitiMortage, the judge did not certify the sale on June 2. We are now preparing for a July 7 hearing. I live in Illinois.

  22. @tnharry,
    We did hire an atty. He was worth ever dime for the fight. Judge also said we paid more than current fair market value based on the testimony of our expert and the FCM broker that did the Brokers Price Opinion. That was done when we were trying to work on a short sale to a relative. In fact he said we paid too much! BOA turned down the short sale because “they” said we could not sell to a family member or friend!!! Sometimes greed will bite one in the ass. But we need more of this ass biting to happen. Keep fighting everyone…it is right to fight! Best Wishes to all of you.

  23. @tnharry, and anyone else,
    Long and short of the story. We live in samll town in Wisconsin. Foreclosure mill (FCM)set time and dateof Sheriff Sale. As a last result my husband went to the sale at the time designated on all public records. FCM hired a local title company representative to submit their bid rather than them drive 6 hours. They gave the title guy the wrong time by 15 MINUTES. Sheriff opened the bid at the proper time and my husband bid as the highest and only bidder. We then had to put 10% down, which we did. In WI a judge then confirms the sale.
    FCM tried to get the sale dismissed for “excusable error” and that we would be unjustly enriched!!!! Approx 7 months after the sheriff sale the judge confirmed the sale to us. Judge said their error was not excusable. No appeal was filed by FCM or “pretender lender”. 6 months after confirmation hearing the FCM tried tried to make a motion to have judge reconsider original confirmation. FCM atty’s got caught lieing to the judge and we are waiting on judges sanctions and possible disbarment of 2 atty’s from the FCM.

  24. I read an article posted elsewhere about the fact that if the pretenders have it set up to take the house back on a ‘CREDIT BID”, any HARD CASH bid ‘trumps’ the credit bid, even if the HARD CASH bid is only a token compared to the bankster’s CREDIT BID.

    You end up having to FORCE them to then honor your hard-cash offer and you need to have offered the top bid of that type. But, for those cases where the banksters have set a CREDIT BID that is so high that no one else bids, your entry of the cash bid messes up the works.

    I’m not giving legal advice but that was what I read elsewhere and there was a case, as I recall, where the homeowner DID put in a token CASH bid. After FORCING the trustee to honor the cash bid, they got the property back. This took intervention of an attorney to force that cash bid to be honored.

    The fight that this triggers is over the usage of the blasted “Credit bids” by the pretenders.

  25. For some odd reason I trust Neil Garfield. I am not saying I will do it but for some odd reason I trust Neil.


  26. @Tony – you posted a link to a nearly two year old initial complaint. What’s the current status of that case?

  27. @Stunned – how did that work? since it was a judicial as opposed to nonjudicial, someone was there from the court to conduct the sale even though the FC atty wasn’t in attendance? I could see that happening. in nonjudicial though I don’t understand this plan

  28. @ Dave Krieger

    How is what Neil’s doing i.e. writing about how to attack and defend from ever changing legal angles any different from you writing about title defects?

    I don’t get it….

    Foreclosure attorney had the wrong time-seriously. We were the highest and only bidder. They tried to fight us and they lost the judge confirmed our sale. I live in Judicial State vs. non judicial. IF THEY ARE NOT THERE TO SUBMIT A BID YOU BID. We got it for way less than the inflated bank price!

  30. and if you win? what then? bad, bad advice….

  31. Neil,

    Are you going to defend all of these people that attempt to use this legal advice?

  32. Not doable for sure

  33. To place a bid at the auction in California requires cash or cashiers’ check(s). (Admittedly, I’m not a member – literally cannot afford it yet.) Most (soon to be ex-) homeowners can’t meet that requirement even though I’ve seen homes on which over $300k is owed (after a 20% purchase-money second has been expunged) be auctioned for a little over $120k.

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