OREGON LAWS AND FORMS

NOTICE OF DEFAULT DISCHARGE OF OBLIGATION AND DEMAND FOR RECONVEYANCE

61 Responses

  1. Sinya talcott, on June 14, 2016 at 2:00 am said:

    I am a victim of a predatory loan. Since 2008 interest only. My husband was killed by law enforcement over a tail light my son was hurt my daughter was rear ended by an inpaired driver on her job. Has not received any comp at this point been two yrs and plenty of ins she herniated two discs seatbelt tore her shoulder and had surjury. She came to stay w me and my roommate I let stay w me told me to leave I did she called my lender upset him and he demanded I pay 40 k In six months I’ve pd 400 per mo since 2007 interest only. Never miss a pay the lady I had house sit who insisted I go w my daughter chimed in w my lender and had my phone shut off abd put in the lenders name as I lay dying of pneumonia in a hospital bed. I have til Aug 20 to get my home off the auction block what can I do . this is a fam trust and fam home my daughter couldn’t even stay as I was afraid of this gal I let move in I left . anyways the payment was made but my roommate never saved my mail and my lender and I were fine than in Dec he demanded. We pay 40 k in six months .then said it’s up for auction Aug 22 and we can’t get a straight answer how to savr it or talk to a judge help me I am 64 alone and disabled it was my fathers home for me and my children.

  2. LINH THI TRAN, on April 28, 2012 at 2:02 pm said:

    if someone look ing a foreclosure defense lawyer in Oregon, you have to be very carefully. Never prepaid service fee, never give your personal information such as social security number, day of birth, driver license number, never sign any paper. You should ask their license to practice as lawyer in Oregon. You have to be carefully with the lawyer named Daniel Rusell at 610 SE 6th Ave, Portland, OR 97214 suite 200. I guess he might not be a lawyer because he did not do his job properly or behaved unprofessionally, very bad service, nothing help but quick ly charged $35 fees on the beginning then stated I don’t do anything for you. He never understood about Oregon foreclosure law, Bank Of America might pay him to work for them therefore he stated that Bank Of America did nothing wrong even though they received all payments but claimed behind payments, even though BAC never recorded any assignments to county or not owners of the promissory note or deed of trust, fraud on foreclosure proceedings or could conduct foreclosure proceedings or foreclosure sale while the borrower was being evaluated Home Affordable Unemployment Program. Without understand about the law, why he has authorized to charge service fees if he did nothing consulting. Be carefull!!!!!!fraudulently, cheating, and not honest lawyer as him. Bad bad!!!!!!!I have bad feeling about his bad service. I have already complained about his bad service to Oregon Justice Department Consumer Protection and Oregon State of Bar. I have never give fraud people have any chance to cheat everyone!

  3. LINH THI TRAN, on April 19, 2012 at 10:00 am said:

    If you thought you are not wrong or You are a victim of fraudulently from foreclosure proceedings, you should be consult with a foreclosure defense lawyer. Bank did evil things on my property and planed to foreclosure my house last two year by creating an escrow account to put me down but luckily, I paid off the tax and insurance so they can not do anything for me. They always look on the equity of my property and that why they never help me to settle down instead they tried to find out all the ways to foreclosure my house. How terrible they are? They never paid tax or recording but they used it as weapon to foreclosure the property. It is unfair for people because Oregon law requires everyone live in their house at least 2 years, if you are not, you must pay tax on the profit you receive from selling your property but why banks never do that? they have already transfered the loan to other entities, never recording on the county, they cheat by creating MERS system so they have never recorded any assignments on the county, if they did not, might they never pay any penny tax on the profits what they received since 1990s-2008? Since 2008, many investors lost their monies from investment on the real estate in U.S, might banks pay nothing on the property after happened?Did you remember, 1980s, someone bought the whole packets after the economy crisis and then they wil analyze and sell them back. Now because the profits, banks created MERS system and the borower do not know I negotiated or make payments to the right party who is real interest and beneficiary in the property or not? If you are not bank, you bought the property but not recording on the county, then if you have happen, you fill a law suit at court, what the Judge will tell you, you loose your house because you did not follow the law. Unfortunately, it is banks. Law would be applied to everyone but might be not banks?????????????

  4. Abby in CA, on June 30, 2011 at 9:29 am said:

    OREGON JUDGE VOIDS FORECLOSURE SALE-COLUMBIA COUNTY- US BANK STOPS FURTHER EVICTION PROCEEDINGS-WELLS FARGO

    http://www.scribd.com/doc/59062817/Oregon-Judge-Voids-Foreclosure-Sale-June-2011

  5. Bill, on June 21, 2011 at 4:27 pm said:

    Hi Suzanne,

    I understand the importance. However…. I followed all the rules to perfection. Chase did not. In fact, there were so many “assignments of error” by the court that it’s difficult to count. The rules are the rules whether someone is pro se or not. If Chase chose to ignore, and did not answer and defend under ORCP 7 and 69, and failed to answer per ORCP 13, and failed to confer under UTCR 5.010(1) & (3), the court “shall” enter default per ORCP 69(1)(A) and “Shall Deny” any motion for failure to comply. Should the Appellate court deny my appeal, they will essentially cause violence to the statutes.
    I do have an attorney handling the appeal, and the ruling will undoubtedly be overturned!

  6. Suzanne Docimo, on June 21, 2011 at 4:13 pm said:

    Bill,
    I am curious as to why you would go pro se? We have found that Judges do not take Pro se litigants seriously and we encourage legal representation.

  7. Bill, on June 21, 2011 at 3:37 pm said:

    Hi Lisa,
    Chase actually defaulted. However, Judge Littlehales in Lincoln County threw out the case saying, “this is going off my desk.” Chase never denied being in default, never asked for relief from default, yet the judge threw it out without even allowing me to amend. Plus, he made me pay Chase’s attorney fees. I’m appealing, and I’m quite confident the Appellate court will overturn and declare Chase in default. The trial court had no discretion to deny the default and grant Chase any sort of relief. But, I was pro se and the Judge simply didn’t read anything, nor did he even care. By the way, here’s a snippet of the transcript that is quite comical:

    THE COURT: “Okay. I’m not really understanding what J.P. Morgan Chase Bank’s joinder in motion to dismiss is. What are you moving to dismiss?

    CHASE (MR. UHL): “Ah, your honor. I am moving to dismiss the counterclaims and the Third Party Defense, because they’re, in essence, again, I don’t, there are, ah, except where the headings are, are, almost word for word, again [Inaudible 1.41.52] and, again, the, the, the, legal argument is, is, the same in, ah, in, in, either motions or the case [Inaudible 1.42.03].

    THE COURT: “Okay. I’ll let the motion to dismiss. I am going to deny the motion for default.”

  8. Lisa D., on June 21, 2011 at 3:22 pm said:

    Bill,
    What is the latest in regards to your Oregon coast house?

  9. Suzanne Docimo, on May 6, 2011 at 2:25 pm said:

    As someone who had volunteered for the non-profit Good Grief America for the last 18 mos. I would like to clear up some mis conceptions in these statements. ____(My comments are in parenthesis) _____In response to
    :Rebecka Justice, on February 15, 2011 at 3:51 pm dsaid
    My son needs a lawyer, so I found Good Grief America, right here in Oregon. They said if he would pay $100.00 for a membership he would get the name of one and would be charged a lot less for his services. __(The $100 was a donation for a Loan Summary Report by a licensed auditor,)______
    My son paid and was given the name of a Lawyer in Hood River, 74 miles from our home in Portland. ____(There are few attorneys that are educated on how to fight this and we recommend the closest one available)____We are getting desperate, sole will be april 22nd, so my son went.
    The Lawyers written estimate was nearly twice the rates on GGA’s website,_______We do not have any attorneys rates on our website)______ and he stipulated that my son agree to fees that may be engendered if he needed to consult with another attorney, he can’t afford it.______ (that is true as most attorneys are not up to speed on how to fight this, but charge you anyway, then you lose)__________
    We also found Legal Forensic Auditors, LLC, who charge 300 dollars less for the Chain of Title and Securitazation Audits than the price quoted on GGA.________(the only price quoted on GGA website, is $250. How can you find anything for $300 less than that?)_______
    I can’t find any place to report their actions but here.
    I just don’t want anyone else to be scammed by them.______(report our actions? scammed? we work more than full time, unpaid and volunteering to help homeowners with this mortgage crisis. We are a non-profit and homeowners just like the rest, in foreclosure. We have done an incredible amount of research and had good rulings as a result of that
    .( ie McCoy vs BNC mortgage, feb 7th.) We are sharing what we have learned and have helped many that are still in their homes. It is unfortunate that anyone would see what we do as a scam……
    look for yourselves….goodgriefamerica.org)_____

  10. billpaatalo, on April 29, 2011 at 9:33 am said:

    Hi Kathy,

    Give me a call or email me when you get a chance. Here is my website with contact information:
    http://www.bpinvestigativeagency.com
    I do a lot of work with the Bowles Fernandez Law Firm that is specializing in foreclosure matters. We’re located in Lake Oswego.

    Anyone in Oregon is welcome to contact my office.

  11. cathy Johnson, on April 28, 2011 at 10:44 pm said:

    Oh forgot to say this is in Oregon.

  12. cathy Johnson, on April 28, 2011 at 10:44 pm said:

    Not sure what to do next. Over a year ago I filed for a loan Modification and of course my house went into forclosure anyways and I never got my modification even when there is suppose to be a law that your house can not go into forclosure while in a Modification. So I got a summons commercial eviction from the bank and I signed an answer so that I could at least show my evidence that my home was under a modification review at time of the forcloser. I was told by the court clerk that I should get a attorney but of course I cant. She said I would need to file the right paper work to give the Plaintiff (the bank) and to the judge to prove my case but she didnt tell my what that paper work is. Also I asked her if I was unhappy with the decision could I ask for an appeal and than possibly a jury trail she didnt think so,,,,,,,,but I thought I could?

  13. Bruce Jackson, on March 12, 2011 at 4:29 pm said:

    After Trustee’s Notice of Sale last October was rescinded, it is now set again for June. Also with no money for lawyers, I have depended on the coaching and research of others, but now need to prepare for a show down. They have already listed at least 3 conflicting creditors, accepted and kept 8 payments accompanied by an offer for modification, sent incomplete inconclusive copies of the promissory note, and called my offers to cure contingent upon proof of claim, “spurious”. It seems that bringing an action pro se might be my only option. I am advised against it, and would rather be represented if I can swing it, but either way seems challenging. So in order to prepare for all possibilities, it looks like its time to study civil procedure. I was encouraged by a caller on a conference call to never miss an opportunity to represent yourself in court, because of the learning experience, but learning to litigate when you are trying to save your home seems like a last resort. None the less, I welcome good study materials for fighting foreclosure based on chain of title and bad faith on the part of the servicer. I wish I could hear of more successes in this line of defense, but even a substantial delay is welcome. I am considering BK options as well, but with many years of no tax returns and unverifiable income, that is challenging as well. Looks like its time to get busy. Thanks for all advice in advance.
    Bruce

  14. PDX.hates.MERS, on March 10, 2011 at 8:42 pm said:

    Rebecka-the first thing you need to do is go to the Multnomah (Or Washington/Clackamas) COUNTY RECORDER’s Office. It is a daunting task but all the material to research the chain of title is within your reach in the public record. The employees can point you in the right direction. My fiance and I have filed a lawsuit against BofA, Recontrust, MERS and numerous other defendants who have had their hands in our mortgage. Their time is up to respond and not one of 8 defendants have. We are waiting on our hearing on the 24th. We are so incredibly broke we had no choice but to research and represent ourselves as Pro Se plaintiffs. We even got our court fees deferred and possibly even waived. The information is out there, you just have to look, as challenging as it may seem. 90% of it was understanding our deed of trust, Oregon state property law, and the Federal and Local Rules of Civil Procedure. Once you know the law, what needs to be done becomes more evident. I wish you the best of luck. Let me know if I can be of any help.

  15. pdx, on March 8, 2011 at 11:10 pm said:

    well dont panic.. i’m still in my house 28 months later.

  16. Rebecka Justice, on February 15, 2011 at 3:51 pm said:

    My son needs a lawyer, so I found Good Grief America, right here in Oregon. They said if he would pay $100.00 for a membership he would get the name of one and would be charged a lot less for his services.

    My son paid and was given the name of a Lawyer in Hood River, 74 miles from our home in Portland. We are getting desperate, sole will be april 22nd, so my son went.

    The Lawyers written estimate was nearly twice the rates on GGA’s website, and he stipulated that my son agree to fees that may be engendered if he needed to consult with another attorney, he can’t afford it.

    We also found Legal Forensic Auditors, LLC, who charge 300 dollars less for the Chain of Title and Securitazation Audits than the price quoted on GGA.
    I can’t find any place to report their actions but here.
    I just don’t want anyone else to be scammed by them.

  17. Marie, on December 1, 2010 at 11:38 am said:

    Here are a couple attorney’s that may help
    Christopher D. Schwindt
    Attorney at Law,
    Licensed in Oregon and Washington

    Schwindt | Richardson LLC

    621 SW Morrison, Suite 700

    Portland, OR 97205

    (503) 546-0141 office

    (503) 536-6843 fax

    chris@SRLfirm.com

    Or

    Slinde Nelson in Portland
    Contact Phil Nelson.

    OR

    Kent Anderson Law Office
    888 W Park Eugene OR 97401
    Tel. 541 683 5100
    Fax. 541 484-1754

  18. Bruce, on November 25, 2010 at 12:12 pm said:

    Dixie,
    Happy to share resources with you. Just need a lawer to make appearances since I have others to do the main work. Increasing my income would help too, if you know anyone that needs work done.
    Happy T-Day,
    Bruce
    bruce.jeanette@yahoo.com
    541-287-0631

  19. Dixie, on November 24, 2010 at 3:35 pm said:

    Bruce in Cave Junction. I am in Grants Pass and have been searching for an attorney who “gets” the mortgage fraud. No luck so far in the entire state of Oregon. I would really like to talk to you. How can I get my phone no. to you or give you my number?
    Dixie

  20. Bruce, on November 21, 2010 at 12:48 pm said:

    Hi, I’m looking for a couple of things.
    One is a recomendation for a lawyer experienced in BK and Foreclosure defence. I have a coach with a paralegal that can do most the work, but I need a good front man/woman who can carry out the mission.
    Second I’m looking for the statute that gives the borrower the right to demand disclosure and proof of being the beneficiary. I have made these demands, requesting a certified current copy of both sides of the note showing all endorsements, allonges etc., evidencing creditor statis, and of course have no relevant response. The foreclosing party has filed a Recission of Notice of Default with the county after my letters were sent, so that feels good, but now on to driving it home.
    In my case, when my forbearance period was up, they told me they had no loan mod for me, so I made my own offer to them. I offered 18 months of forbearance payments at $500 a month, reduce the interest to 2.9%, and put the past due amount to the end of the loan. They responded with an offer for 6 months of forbearance at $500. I accepted Select Portfolio Servicing’s offer with an Addendum reasserting the terms of my orginal offer. We signed the Forberarance Agreement and the Addendum to Forbearance Agreement, and sent it in with $500 calling it earnest money. They accepted the payment with terms attached nine times, before sending the tenth payment back saying it was insufficient to cure the default.
    I think accepting is three times may have been enough to seal the contract. When they first denied that my contract was valid after the 4th payment, I conditionally accepted their position, condition upon proof that keeping my consideration did not constitute a valid contract. I told them if they disputed the contract, they should immediately send back all payments made under these terms, siting failure to do so would further evidence their acceptance of the contract. They returned no payments until the tenth one after they had referred the account for foreclosure.
    After returning the 42 Notices of Trustee Sale, each marked in red “REFUSED FOR CAUSE, DOES NOT REFLECT CURRENT CONTRACT”, I sent a notice to the servicer and the foreclosing entity “NOTICE OF REMEDY DEMAND” outlining the story and demanding my loan modification, plus $40,000 in damages for trying to unlawfully deprive us of our home, plus legal expenses. The notice of remedy demand also required them to prove their standing by producing certified copy of the note and show that assignment of the Deed of Trust had been registered with the county.
    So that is how I intend to get my case to court. I also have good reason to pursue BK, which would also demand verification of being the true holder in due course of the note to get a release of stay.
    Still, I don’t have a lawyer and not sure how to afford one yet. I owe much of my success to the guidance of Colin Davis and his Tuesday Night Talkshoe calls from CreditorsInCommerce.com
    Colin has his own site
    SpiritedCoaching,wordpress.com
    He has been researching what works and doesn’t work and is quite a pool of knowledge in this area. He is currently studying Oregon’s statutes in this regard for my case. His method of getting this before a judge is both BK and/or filing a law suit. His demand letters include offer to cure once the statis of the creditor has been established, and of course they have a hard time establishing it.
    The CIC talkshoe is at 7 pm Pacific time on Tuesdays
    724-444-7444 call number 18856
    I am interested in networking with Oregonians dealing with foreclosure. I’m in Cave Junction and looking for a lawyer in Grants Pass or Medford area.
    Peace,
    Bruce

  21. Pdx, on November 11, 2010 at 11:35 pm said:

    Thanks, I emailed you a week or so ago. Did you get it?

  22. Lisa D., on November 2, 2010 at 3:18 am said:

    pdx,
    You can contact me at mrsdiamond@msn.com

  23. pdx, on November 1, 2010 at 10:44 pm said:

    where art thou oregonians?

  24. pdx, on October 9, 2010 at 11:33 pm said:

    so how did she get her case into court in the first place? I have an auction scheduled for dec 15. Do I need to file a suit against bofa and “trustee” to stop the auction?

  25. Lisa D., on October 8, 2010 at 6:23 pm said:

    “OREGON DISTRICT COURT ISSUES A TRO AGAINST MERS, BofA and LITTON‏”
    http://stopforeclosurefraud.com/2010/10/08/oregon-district-court-issues-a-tro-against-mers-bofa-and-litton/

  26. Lisa D., on September 29, 2010 at 3:08 pm said:

    Anyone know anything about this:
    OREGON FEDERAL BANKRUPTCY COURT ADOPTS REASONING OF KANSAS, NEBRASKA, AND ARKANSAS SUPREME COURTS: MERS NOT A “BENEFICIARY” EVEN THOUGH DESIGNATED IN DEED OF TRUST
    Posted on September 29, 2010 by Foreclosureblues

  27. Bill, on September 15, 2010 at 2:14 pm said:

    I lost my home in Oregon in August of 2009. I only recently learned of all this fraud, and discovered that the foreclosure has all the usual players involved; WAMU/Chase, NW trustee services, etc. What sucks even worse, is that I had a renter in my home who chose to stay, and the renter went after chase. chase never responded, and my renter has been living in my 1.6m home on the ocean for free while my butt’s on the street. I have to now figure out a way to rewind this thing pro se. any comments or suggestions would be appreciated!

  28. alphaBeach, on June 30, 2010 at 9:49 pm said:

    I’m in Oregon, have been run ragged by my lender Wells Fargo; they tampered with my loan mod documents and when I asked for copies they said I’d have to sue them and subpeona the docs, as they are property of the bank, not moi.

    I got a forbearance for the winter, but now I’m gearing up for my Nth HAMP application battle. I’m expecting a foreclosure notice in next month or so. I’d love love love to hear of an Oregon class action suit against WF. Or any other recourse / satisfaction.

  29. Ann, on June 15, 2010 at 2:24 pm said:

    James and Jeanine

    I am in Oregon and interested in knowing who the party in California that can help me.
    Does anyone know a good foreclosure defense attorney in Oregon or someone who can help me.

  30. GeoNOregon, on March 16, 2010 at 7:25 am said:

    Until a month ago banks and lenders in Oregon have been exempt from fraud laws. Fortunately, that has changed. When it goes into effect, and if it will be retroactive to actions before the bill is unknown.

    http://www.portlandmercury.com/portland/loan-shark-hunting/Content?oid=2106345

    http://www.oregonsenatedemocrats.com/press-releases/senate-significantly-strengthens-anti-fraud-laws-against-banks-and-lenders

  31. GeoNOregon, on December 2, 2009 at 11:59 pm said:

    “then record a Substitution of Trustee (FIRE THEM) appointing yourself or someone you trust as Trustee.”

    If you are getting ready to do this in Oregon, make sure you have a Federal or International Law that can trump ORS 86.790 which defines the qualifications of a trustee.

    “86.790 Qualifications of trustee; appointment of successor trustee; duty of trustee.
    (1) The trustee of a trust deed … … and shall be:
    (a) Any attorney who is an active member of the Oregon State Bar;
    (b) A financial institution or trust company, as defined in ORS 706.008, that is authorized to do business under the laws of Oregon or the United States;
    (c) A title insurance company authorized to insure title to real property in this state, its subsidiaries, affiliates, insurance producers or branches;
    (d) The United States or any agency thereof; or
    (e) Escrow agents licensed under ORS 696.505 to 696.590.”

    Something else that Oregonians may not know is that anyone who purchases a mortgage in Oregonian as a business must be registered with the Dept of Commerce. Failure to do so doesn’t carry a huge penalty, but the only way that might change is by making sure that anyone having problems with a mortgage company calls the Dept of Commerce and inquires about the registration status of the mortgage company. If they are not registered, you can file a complaint verbally, at that time.

    It seems that Pro Se considerations of being held to a lesser standard for paperwork don’t mean much to the Clackamas County judge who heard our motion for a TRO and our motion for a Show Cause Hearing three days before our auction. He denied our motion, and the auction went through, because we combined the
    the two motions in the same document. (I did it that way because the attorney we paid 6,000 last spring to do the SAME thing, wrote it that way.)

    When I spoke with the attorney about it afterward, (he knew we were duplicating his docs and actions Pro Se and we had his blessing as he was as concerned about our mounting legal expenses as we are). He said the judge has a rep for not liking Pro Se litigants.

    Be aware, and always ready to argue and fight for your rights.

    GeoD

  32. "Nil Debet, on October 23rd, 2009 at 4:03 am Said:", on November 18, 2009 at 2:11 pm said:

    ““sell” the property to your family trust or an LLC, warranting that the title is free of all liens and encumbrances.”

    As per my knowledge from previously being a licensed real estate agent in Oregon, for a sales transaction to be legal, it MUST have transfer of consideration in exchange for the property.

    If you follow the example given by Nil, make sure you have record of payment for the property, even if it is only one dollar.

    I am not an attorney and the above is NOT legal advice – simply sharing of professional knowledge.

    GeoD

  33. George, on November 18, 2009 at 1:12 pm said:

    Hi all,

    I’m in Oregon and am looking for legal/pro se help and synergy, support, encouragement from others fighting for their homes.

    I found someone to help us about five weeks ago, but, now two weeks before auction, they have become ‘in-communicado’ and we are now feeling quite alone and bewildered.

    Would be grateful to here from and interested in networking with anyone in Oregon to make the public more aware of this mortgage nightmare.

    Contact me @ Hi all,

    I’m in Oregon and am looking for legal/pro se help and synergy, support, encouragement from others fighting for their homes.

    I found someone to help us about five weeks ago, but, now two weeks before auction, they have become ‘in-communicado’ and we are now feeling quite alone and bewildered.

    Would be grateful to here from and interested in networking with anyone in Oregon to make the public more aware of this mortgage nightmare.

    Contact me @ disposable.contact09@yahoo.com

  34. Dixie Smith, on November 16, 2009 at 5:30 pm said:

    Is there any progress being seen in Oregon yet? I still It just goes on and on. The fight is still tough and the banks are still making the money and gaining our property.
    So…..looking for news in Oregon and successes for homeowners.

  35. Deontos, on October 25, 2009 at 3:03 pm said:

    Ken

    I am not in Oregon, so I don’t
    have a dog their to fight for.

    However we are all American
    Dogs. So we have to fight
    Nationwide. Have you seen
    Foreclosure Fraud’s
    “Guide” to research
    fraudulent foreclosure
    filings in the public record?

    If not, you may want go here: http://www.scribd.com/doc/20916919/Foreclosure-Fraud-Guide-to-Looking-up-Public-Records-for-Fraud

    If we can grow this database
    NATIONWIDE and SOON; we will
    have something substantive to publicize
    both LOCALLY and NATIONALLY.

    I believe you are as determined as I am
    and many others here to prevail in our
    own trials; but also to alter this current
    Historical Direction back to the “Rule
    of Law” instead of LIES.

  36. Ken Dost, on October 25, 2009 at 10:06 am said:

    I am organizing a planning committee to strategically plan the disruption of the auction process so as to gain the media attention, which they have thus far ignored. The ideal is to make public issue and blow up the myths of subprime borrowers that the media has painted of us….Also to take exception to the state legislature’s handling of the matter and force the issue of eliminating the nonjudicial nature of foreclosure proceedings.

    We can make a stand, we can do this…..These are our homes, our lives and our Country…….Please join with…
    contact me at my FB address, email or preferably call me at 503-543-3642…..

    Lets kick some ass people and take back our lives and save the lives of those who are unaware of Neil’s brilliant strategies

  37. Jennifer, on October 25, 2009 at 9:30 am said:

    James,

    Count me in! Let’s join forces and help each other.

    My website is our story and links to articles.

    Jennifer

  38. Nil Debet, on October 24, 2009 at 2:58 pm said:

    Jennifer,

    In your rescission letter, it should be said that:

    “This communication will serve as our Notice of Right to Cancel dated XX/XX/2009. TILA (Truth in Lending Act, 15 USC 1601 et seq; 12 CFR Part 226) allows three (3) years to review Disclosure Documents. The referenced ‘Three Day Right to Cancel’ must have a trigger to begin. That trigger, is when the Lender has provided the Borrower with ALL of the required Disclosures under TILA, and that the same are true, complete, accurate and timely provided.

    Being as the entire purported loan/mortgage process and Deed of Trust referenced herein and throughout, was obtained by wrongful acts of fraud, fraudulent inducement, concealment, and fraudulent misrepresentation, the borrower has other recourse, right and cause of action under numerous State and Federal statutes. Acts of fraud taint/void everything it touches as the US Supreme Court has declared: “There is no question of the general doctrine that fraud vitiates the most solemn contracts, documents and even judgments.” (U. S. vs. Throckmorton, 98 U.S. 61).

    To this date, Lender has NEVER provided Borrower with true, complete, accurate or timely documents as required. ONLY AFTER such provision has been done, can the ‘3 YEAR RIGHT TO CANCEL’ period begin.”

    This should not be construed as legal advice.

  39. Jennifer, on October 23, 2009 at 8:20 am said:

    Nil,

    What if the re-finance was done longer than 3 years ago? Can you still rescind the loan?

    The mortgage company that is “servicing” our loan is not listed on our credit reports or deed through the county. they also have asked us for our loan documents.

    Of course I “can’t” find them anywhere.

  40. Nil Debet, on October 23, 2009 at 4:03 am said:

    First, rescind the mortgage (in writing-stating that the mortgage is rescinded by operation of the law, regardless of their response), then record a Substitution of Trustee (FIRE THEM) appointing yourself or someone you trust as Trustee. Next, record a Revocation of Power of Attorney (TAKE AWAY THEIR POWERS), and then record a Full Re-conveyance back to the Grantor/Trustor … YOU (state that the lien has been “fully satisfied” based on their lack of timely response to your rescission/cancellation letter)!

    After all of the above is recorded with the county recorder, you then file a Warranty Deed/Grant Deed and “sell” the property to your family trust or an LLC, warranting that the title is free of all liens and encumbrances.

    At that point you (or your family trust/LLC) own the property ‘Free and Clear’.

    I am not a lawyer, and this should not be misconstrued as legal advice.

  41. Ken Dost, on October 19, 2009 at 8:07 am said:

    There is strength in numbers. Perhaps we should combine our efforts together in forming a group here in the State of Oregon

    My number is 503-543-3642 for all interested

  42. james, on October 19, 2009 at 5:50 am said:

    While the Oregon legislature, including State Treasurer candidate Ben Westlund, was meeting to discuss mortgage reforms to prevent foreclosures on Jan 30, 2008 the same day Oregon PERS approved a $600 million investment in Lone Star, a highly successful forecloser >The judges are part of this pension plan . Shouldnt they recuse themselves for having broken their OATH ?http://www.youtube.com/watch?v=0WeB2klekfo

  43. Jennifer Costa, on October 18, 2009 at 5:53 pm said:

    I am a homeowner at the end of my rope with GMAC. I have been posting everywhere I can think of to get help. We need a step by step to do list web site for Oregonians.

    I have been through three departments, two servicer companies and now am in the HAMP program and it is a bunch of lies. DO NOT ask for the government plan! You give up rights and any private information.

    I am willing to join forces and help others…. but need to know the laws on what to do. Have not found an attorney who knows anything.

  44. Ken Dost, on October 18, 2009 at 2:59 pm said:

    Stewart vs Wamu, FA; US Bank National Assoc; Credit Suisse First Boston, Mortgage Securities Corp; Mortgage Electronic Registration System, Northwest Trustees…….FOR ALL OF YOU IN FORECLOSURE IN OREGON THIS IS THE CASE TO WATCH…
    I am posting this case on my cause site for all that want to see it.
    There is no guidance out here in Oregon though for a nonjudicial foreclosure…This link on this site for reconveyance makes no sense to me whatsoever…..

    IF THERE ARE ATTORNEYS IN OREGON THAT GET IT PLEASE CONTACT ME, JAMES, KATHY, TB, PDX AND ALL THE REST OF US…..WE CAN MAKE A STRONG STAND IN OREGON….WE ARE TOUGH BUT WE NEED SOME GUIDANCE

  45. Kathy/ Oregon, on October 17, 2009 at 9:57 pm said:

    If Oregon is heating up, is there any help out there in this state for home owners?

  46. Dan in Oregon, on October 17, 2009 at 9:46 pm said:

    Has any body out there found a lawyer in Oregon, that gets it? Thanks

  47. Ken Dost, on October 12, 2009 at 7:31 pm said:

    OREGON IS HEATING UP AS THE NEXT STATE TO BATTLE IN NEED HELP…WHAT FORMS ???

  48. TB, on October 5, 2009 at 2:16 pm said:

    I am SW Washington State, and have great need for legal representation. Issues:
    Rescission Enforcement (already rescinded loan)
    RESPA/TILA Violations beyond Rescission
    Securitized mortgage-Notarization issues

    PLEASE CONACT ME
    theresa98629@gmail.com

    Thank you

  49. pdx, on August 24, 2009 at 10:27 am said:

    i’m in the same boat … low, low on funds and can’t afford to make a wrong move. I need to stop or delay the auction date and figure out how to force this to court. I don’t need the services of people that charge A LOT of money and then make themselves look busy. I just need to know what can be done to stop the auction. Is bankruptcy the only way?

  50. larry henry, on August 17, 2009 at 7:26 am said:

    I need a lawyer in oregon who gets it, also I have started down the road of produce the notewith my servicer saxon mtg. I have successfully staled the sale date but am very short on time. is the only/best way to get this in fornt of a judge through a ch 13 bk? and list the property as an unsecured debt and foroce the lender to produce the note as their proof of the secured debt? HELP I am very low on funds and time I can’t aford to go down the wrong road with this.

  51. Andrew, on August 13, 2009 at 11:31 pm said:

    Andrew, on August 13th, 2009 at 10:44 pm Said:

    To homeowners and the like who are facing same situation as quoted by “Jeanine on April 17 2009,” “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.

    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.

    Hope this helps another Lay-person. For further non-legal, non lawyer nor financial advice, they may call 503 895 4146 or email cci_andrew@hotmail.com

  52. Andrew, on August 13, 2009 at 11:25 pm said:

    Andrew, on August 13th, 2009 at 10:44 pm Said:

    To homeowners and the like who are facing same situation as quoted by”Dixie on August 2nd, 2009″ and “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.

    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.

    Hope this helps another Lay-person. For further non-legal, non lawyer nor financial advice, they may call/message 503 895 4146 fax to 815-366-9338 or email
    cci_andrew@hotmail.com
    Don’t battle on your own, call and get directions with transparency.

  53. Ken Dost, on August 9, 2009 at 4:16 pm said:

    Here is Oregon’s latest and silliest legislation that is supposed to stem the tide of foreclosures….SB628

    http://www.leg.state.or.us/09reg/measpdf/sb0600.dir/sb0628.en.pdf

  54. Dixie Smith, on August 2, 2009 at 3:39 pm said:

    James: I am in Oregon. I am trying to save my house from foreclosure as well as trying to help others. Please get back to me. Networking with others is, I think, going to be very helpful.

    Dixie

  55. Andrew, on August 2, 2009 at 2:57 pm said:

    Those wishing to contact Andrew can do so by reviewing our web MaverickVisions.com
    We are not lawyers and do not give legal advice.

  56. Dixie Smith, on July 1, 2009 at 4:33 pm said:

    How do I contact Andrew?
    I am in Oregon. Need help.

    Dixie

  57. Andrew, on June 9, 2009 at 2:45 pm said:

    James, if you are still working on this, contact us.

    We are not lawyers or attorneys. We are human catalysts.

  58. Andrew, on June 9, 2009 at 2:44 pm said:

    Jeanine, contact us

  59. Andrew, on June 9, 2009 at 2:43 pm said:

    James and Jeanine,
    I am in Oregon and working through paper work to assist other homeowners in the fight to prepare RESPA requests and dealing with questions.

    Any help we can offer is not as a lawyer or attorney but as a Human Catalyst. We endeavour to help folks find the best course of action in fighting to keep the home.

    You are both welcome to connect with us, and so is anyone else who needs assistance negotiating the mountains of information.

    We have found a party in California who has successfully fought and won. He has supplied documentation for verified complaints etc.

    All the best!

  60. Jeanine, on April 17, 2009 at 11:58 am said:

    Does anyone have an example of the “Dispute of Debt and Proposed Structured Settlement” document referenced in the “NOTICE OF DEFAULT DISCHARGE OF OBLIGATION AND DEMAND FOR RECONVEYANCE” document? Also anyone with knowledge of the outcome? Thanks.

  61. james, on December 11, 2008 at 4:40 pm said:

    anybody in oregon facing foreclosure I am looking to network with others

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