In a nutshell, moratoriums will do very little for homeowners or the courts. First unless a specific moratorium order states that it bars sales and evictions it is only the foreclosure action that is temporarily suspended. At some point in the near future, homelessness will spike because of a new tidal wave of foreclosures.
Second a moratorium does nothing to forgive payments. So when the moratorium expires, all the payments are due unless you ask for and receive some sort of forbearance agreement from servicers (who probably don’t have any authority despite all appearances to the contrary).
Third, don’t rely upon your own interpretation of what you read on the Internet. There is no substitute of a three year legal education and law degree and there is no substitute for decades of experience in and out of the courtroom.
Fourth, DO use this time to prepare for a confrontation with the banks and companies claiming to be servicers. Do not admit to anything —even the existence of your obligation even if that makes you feel uncomfortable.
Fifth start the administrative process by sending out a Qualified Written Request under RESPA and a Debt validation Letter under FDCPA. But stop thinking you know how to do that. Overbroad generalizations and conclusions are a perfect excuse not to answer you or evade your questions.
*Neil F Garfield, MBA, JD, 73, is a Florida licensed trial attorney since 1977. He has received multiple academic and achievement awards in business and law. He is a former investment banker, securities broker, securities analyst, and financial analyst.*
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Filed under: CORRUPTION, discovery, evidence, expert witness, Fabrication of documents, foreclosure, foreclosure mill, forensic investigation, legal standing, Presumptions, prima facie case, quiet title, Servicer, sham transactions, standing | Tagged: Authority over loan, false claims, FDCPA, Foreclosure moratorium, ownership of loan, RESPA, servicer fraud |
I asked PennyMac/Countrywide a very direct question – who sold them my performing loan if Ginnie Mae does not sell performing loans (if they ever had them).
PennyMac told me an avalanche of lies.
Other parties – Caliber/Countrywide, “Trustee”f BONY” or MERS- did not confirm their role as a Seller.
Nobody can identify the name of the Trust where my loan was purportedly pooled – even Ginnie Mae.
Nobody knows who issued “securities” backed by Ginnie Mae.
And all these lies are covered by AG office whose analyst repeated the same lies as Caliber which contradict with lies from PennyMac.