Defend a foreclosure in a non judicial state

Hello, Lance Denha esq. here to discuss a 12 step program to defend against a foreclosure in a non-judicial state, as well as a judicial states. In a non-judicial foreclosure state, the foreclosure process typically does not involve the court system, and the lender can foreclose on a property without filing a lawsuit. The lender will not go to court at the start of the process but will pursue a foreclosure with the assistance of a foreclosure trustee. This is supposed to be a neutral third party that may be listed in the deed of trust attached to the home. The process of a non-judicial foreclosure varies more widely from state to state than the process of a judicial foreclosure. If you have a defense to a non-judicial foreclosure, you will need to file a lawsuit in court to raise the defense. By contrast, you would respond to the pre-existing lawsuit if you have a defense to a judicial foreclosure. However, that doesn’t mean you’re without options to challenge foreclosure. Whenever you are defending a foreclosure action remember the following essentials to doing just that in order to provide the best opportunity for success:

  1. Set a goal. Know and understand what you want;
  2. Learn the rules of your local jurisdiction and play by them;
  3. Delay, dispute, challenge and attack the debt;
  4. Research your options and find a legal professional that “Get’s it”;
  5. Obtain a Title Report; Use this as your base as to the identity of the only known lender;
  6. Keep the burden on them to show that the lender is someone else;
  7. Get an expert report supporting title, TILA, Fraud, Appraisal and other claims;
  8. Ignore their statements and intimidation;
  9. Challenge any offer the same as you would challenge an action for enforcement of the note or mortgage;
  10. Use your debt validation letter and qualified written request as the basis for an emergency injunction commanding them to answer or allowing you to file a satisfaction of your mortgage.
  11. Make them prove everything. Assume the documents are fabricated, forged or being misused or misrepresented as to how they came into the possession of the person signing an affidavit or offering testimony in court;
  12. Keep the Court’s focus on who actually would lose money if the note was not paid and don’t assume the note was not paid. If your loan was securitized, the “lender” named at closing as payee on the note, mortgagee, or beneficiary on the deed of trust either never advanced the money or was paid in full. That is what securitization is all about.

Remember that foreclosure laws can vary between states, and the specifics of your situation will determine the best course of action. It is crucial to consult with a qualified professional who specializes in foreclosure defense to evaluate the facts of your case. Click here to submit your case information statement to our team for a free initial review.

8 Responses

  1. Armin VanDamme,
    The very company you have mentioned is trying to steal my home as we speak with a defective Deed of Trust.

    If you have any ideas let me know, I am very interested in being apart of organizing something to prevent this…

  2. Title: The Need for Organization: Unveiling the Dark Side of Foreclosure Proceedings

    Across the nation, countless cases of fraudulent practices have been surfacing, shedding light on the need for organization and accountability within the foreclosure industry. One such company, National Default Servicing Corporation (NDSC), has been operating since 1965 under the ownership of Marc Bosco, who also owns Tiffany & Bosco. This article delves into the specific operations of these entities, primarily focusing on their activities in California, Arizona, and Nevada.

    NDSC: A Troubling Presence:
    NDSC, a well-established foreclosure company, has been involved in numerous cases in Nevada. Interestingly, their preferred trust company in the state is US Bank National Association. While NDSC initiates the foreclosure process, US Bank takes over the litigation process, and if the case progresses further, Wells Fargo steps in. This chain of events raises eyebrows, as it indicates a lack of transparency and potential impropriety.

    Unveiling Falsified Documents:
    In the course of my own litigation since 2008, I have discovered a shocking pattern of document falsification. Every single document related to my case has been tampered with – signatures have been cut and pasted onto different documents, and even my name has been altered. These alarming practices paint a disturbing picture of the foreclosure process and the lack of ethical standards employed by certain entities involved.

    The Tragic Tale of a Notary:
    In one particularly distressing incident, the notary who signed my 2007 notice of default tragically committed suicide. It was revealed that she had falsified over 25,000 documents for Tiffany & Bosco, and she had been scheduled to testify against two loan officers on the very day of her hearing. The circumstances surrounding her untimely death raise serious questions about the pressures and potential corruption within the industry.

    The Call for Organization:
    In the face of all these unsettling revelations, it is clear that we need to organize and demand accountability within the foreclosure industry. The victims of these fraudulent practices deserve justice, and it is our responsibility to shed light on these issues and advocate for change. By organizing and raising awareness, we can push for stricter regulations, increased transparency, and fair treatment for homeowners.

    The foreclosure industry, particularly in relation to NDSC and its affiliates, has been marred by fraudulent practices, document falsification, and tragic incidents. To combat these injustices, it is crucial for those affected and concerned citizens to rally together and demand organization, accountability, and fairness within the system. By organizing and voicing our concerns, we can work towards a future where homeowners are protected, and the integrity of the foreclosure process is upheld.

    Thanks Armin

  3. Ina, we contacted you by email to see if we can help.

  4. Yes, I’d like to know about Neil’s health too!

  5. Good guidelines for how homeowner and lawyer should approach but too often lawyers, agencies and courts only look at “default”. Also issue of deficiency is assumed although no valid transaction per language of CA HOBR (Homeowner Bill of Rights) and National Mortgage Settlement

  6. Good guidelines for how homeowner and lawyer should approach but too often lawyers, agencies and courts only look at “default”. Also issue of deficiency is assumed although no valid transaction per language of CA HOBR (Homeowner Bill of Rights) and National Mortgage Settlement

  7. Hello Lance. The most interesting and confusing point here is #12. What does it mean – “the lender never advanced the money, or was paid in full”? If the lender never advanced the money – why would they be paid in full? Are you suggesting that the investors in the securitization scheme lent directly to borrowers? Security Investors can never be a creditor, and security trusts can never lend directly. This all seems to suggest – nothing was lent at all. If nothing lent, then there is no mortgage and there can be no valid note. If nothing lent, then nothing was paid off by the borrower.
    For all those that followed this blog, please keep us informed as to Neil’s health. Thank you.

  8. I am Ina Stepanov, with the address: 10607 Salmon Leap Street, Las Vegas, NV. 89183. My house was stolen and soled illegally on action, in May 21st, 2019, non judicial foreclosure. I paid to the paralegal Katie McGrew and Equity PMA, Brad Rud almost $39,000, promising to me that i’ll get my house back in 3-9 months, they took the money and I am still homeless, but in June 30, 2022, I filled Pro Se my case in federal court and since then I’m fighting to get my warranty deed and my house back…my case is still pending in federal court.

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