TILA- Disclosure Req, Violations and Remedies
Pursuit-v-UBS – Investor case proves homeowners cases
Request to Purchase Garfield Homeowners Workshop Handbook- v3 0210
Request to Purchase Garfiel Lawyers Workshop Handbook-v5 0210
Predatory Lawyers and Modification companies No better than predatory lenders
HOMEOWNERS
START HERE : Request for Preliminary Document Review
The start of every case, as I see it, is the collection of facts and documents, so that a complete mortgage evaluation and status report can be prepared by an independent third party who can serve as an expert witness if the need arises. If you are a lawyer and need assistance with your case contact the email below, if you are a homeowner and want assistance we first need to gather and understand the basic pattern of facts and parties involved prior to discussing with you so click the link above to request a Preliminary Document Review. Just follow the directions on the form that you download and use it as the cover sheet with your documents.
The current “cottage industry” of TILA audits is insufficient but a necessary part of the entire package that needs to be completed in order to properly advise a homeowner, as well as impressing an attorney with the validity of claims to be made both defensively and offensively.
This requires not only a thorough mortgage audit or review of the loan transaction itself, but a case evaluation from the standpoint of issues raised by securitization of loans. Additionally, the chain of title and the appraisal are necessary elements to consider in a comprehensive “forensic” review. The current Qualified Written Request form being used by most services dates back prior to securitization, as does the methods and analysis of the of the mortgage process in a specific transaction.
The objective is to get the case in position where it can be settled without litigation. This is not always possible, but there are a number of forms, letters and strategies I have either created or accepted from submissions of other lawyers, in which the Trustee, the mortgage broker, the appraiser, the escrow agent, the title agent, and the “lender” are put on notice that there is a damage claim that might apply against them and that might be covered by errors and omissions insurance policies or other insurance.
The failure of mitigators, auditors,HUD counselors and lawyers to see these transactions within the context of table-funded loans, assignments, pooling and securitization is a serious flaw in the advice and strategies employed.
You can play a part in this movement in which homeowners assert their rightful claims to be restored to the position they were in before the mortgage and appraisal and securities fraud occurred. While we are dedicated, we are not rich and our site receives over 30,000 visits each week and the all the information here is free, please understand that our own family demands(time & money) necessitate that we are compensated for getting personally involved in individual matters. I have brought in some people who are putting our philanthropic efforts into a business model in order to pay those who wish to help but cannot afford to do so without compensation.
We have designed a package of services that in my opinion meets the required criteria for the process to commence — and to enhance the prospect of a favorable result for the homeowner. While I have spoken with and reviewed the work of dozens of mitigators, auditors and lawyers, getting them to accept the criteria, which requires more work and less profit, has been a challenge. However we have one group thus far that is doing the work as I have asked and people capable of doing an in depth forensic review and report — and I am assisting them. And we have many more attorneys now than we had months ago, but we are looking for more. Let us know if you have an active foreclosure defense/offense law practice and would be interested in taking cases we can refer(no referal fee/no co-counsel fee), we can add you to the list of “Lawyers That Get It” on the left hand side of the landing page of this blogsite.
Contact foreclosuredefensegroup@gmail.com to learn more about our forensic mortgage analysis and litigation support services for lawyers.
We have 20 million households to reach, some of whom have already been dispossessed out of houses they still legally own but don’t know it.
Bob Hurt, I read most of your rather long comment, and I think you are full of shit. You listed some of what you called indisputable facts…and I think you might benefit from reading at least one of the publications from the Federal Reserve itself…the Chicago branch to be exact. The publication is called “Modern Money Mechanics” It is actually a rather dry and boring publication, but if you can get through it and understand it, it goes into great detail about how “money” is literally created from thin air from loans, about how the promissory note is actually and literally a negotiable instrument, and how the bank is unjustly enriched many times over, from every single note. .Bank loans are a complete and total scam…and the bank LITERALLY NEVER loans ANY of its preexisting assets…and what they actually do is credit the borrower’s account with some computer digits, and deposit the note into the bank’s own account as an asset..which is actually worth far more to the bank than the face value of the note. Then, the bank lies to the borrower—leading said borrower to believe that he or she has been loaned actual money and that the bank will suffer an actual loss if borrower defaults. But, the bank loans nothing, invests nothing, risks nothing and puts up nothing of its own as valuable consideration. The bank never even signs the contract–because there is no contract. You sir, are making conventional assumptions and are wrong in saying that the defenses you listed below your list of “indisputable facts” are wrong defenses. You really need to do some research…starting with the Publication I mentioned above “Modern Money Mechanics” Because this publication is getting it straight from the horse’s mouth–so to speak. Another source of information which confirms what I am saying–and should be required or mandatory reading–is the court case called The Credit River Decision’ of 1968.
I find your conventional assumptions about the nature of bank loans offensive—again…especially your list of what you call indisputable facts. And, the last part of your comment makes you sound like a scammer, or at the very least, an advertiser. I would not call this Storm dude after reading what you wrote about him—even if he was going to pay ME.
In Maryland I highly recommend PaCE, LLC. (ForeclosureSpecialists ProfComplianceExaminers) Forensic loan auditors in Easton, Maryland. They are credentialed, degreed and very smart. They do not charge excessive fees. email: fclosurehelp@live.com
Foreclosure: Pretend-Defender Delays Cheat Clients
Only Serious Torts Timely Challenged Justify Undoing the Mortgage Loan
For months I have patiently and repeatedly explained that ONLY exposure of tortious conduct underlying the mortgage loan will defeat foreclosure permanently while allowing the foreclosure victim to walk away with the house and some pocket money. This hard, cold fact remains true for all home buyers in the past 30 years, particularly in the past 10. Even people not in foreclosure can justify undoing their loan by finding the fraud and tortious conduct underlying the realty purchase and mortgage loan transactions.
Pretend-Defenders Only Delay the Inevitable and Cheat the Client
Meanwhile, “pretend-defender’ law firms charge an up-front fee of $100 to $5000, then charge $500 to $1000 monthly to stave off foreclosure for as long as possible. In the end, the forecloser succeeds and the victim loses the house. Thus, the pretend-defenders cheat their clients out of victory.
How?
How to Delay Foreclosure without an Attorney
Simple. Foreclosure victims (home “owners”) don’t need a lawyer to stave off or delay foreclosure.
Loan Mod Process Stops Foreclosure
They stop the foreclosure by asking the lender for a loan modification. This delays for several months, during which time the owner can save money or pay off other debts.
In my opinion it makes no sense to accept a loan mod. Typically the realty has collapsed in value, but the loan mod leaves the loan balance the same. Furthermore, most restructure the loan to a 30 or 40 year term with a huge balloon payment in 5, 10, or 15 years. Only an idiot would borrow more money than the value of the house, and stay in the same old house.
So, the owner can ask for a loan mod, string the process out as long as possible
Walk with Deed in Lieu
Then the owner should ask the lender for a deed-in-lieu-of-foreclosure. Typically, the lender will accept such an offer and give $5,000 to $10,000 move-out money. A smart owner can pocket that money, add to it from savings, and buy a new house at a foreclosure auction. At many auctions one can purchase a foreclosed house in decent condition for 10% to 15% of the loan balance.
Many Owners Should Move Anyway
In many, if not most cases, it makes sense to move anyway. Most families have out-grown or in-grown the present house and need either more or less space for the family. Most current houses need maintenance work costing $20,000 or more. Because most houses have an actual value 40% to 60% of the loan balance, it makes no sense to continue paying for it. Strategically, it makes more sense to toss the place.
Effect of “Not Paid As Agreed” on FICO Score
Remember that a “not paid as agreed” loan mod, deed in lieu of foreclosure, or short sale drops the FICO credit rating score only 100 points, relatively easy to correct within 2 or 3 years if the borrower does not default on other credit obligations . On the other hand, a foreclosure (the ultimate goal of most pretend-defender lawyers) stays on the credit report for 7 years and lowers the FICO score for at least 2 or 3 years.
How to Get Help with Short Sale
Note that even a short sale makes more sense than a foreclosure. If the note holder refuses to approve the short sale, contact the mortgage insurance agent and explain the situation. If the foreclosure proceeded to auction, the mortgage insurer would certainly lose much more money than in a short sale because auctions bring a smaller sale price. The agent will probably remind the holder that witting failure to mitigate the insurer’s loss constitutes a federal crime because it cheats the FDIC out of money. And the holder will then approve the short sale.
Litigation Delays Sanctionable
Remember also that any delay in making payments which delay the pretend-defender can and should prevent amounts to sanctionable legal malpractice. Suppose the pretend-defender delays a year wrongly. Who owes all the interest and penalties, court cost, and lawyer fees accrued during that time? The borrower, of course. Unless the borrower complains to the court, the pretend-defender will not have to pay it. So, when the foreclosure happens, the clerk will deduct the deficient amount from the proceeds of the foreclosure auction, and that will come right out of the borrower’s pocket. These days that means the borrower will owe a judgment lien because most foreclosure sales don’t produce enough revenue to satisfy the note and discharge the loan. Thus, the delay really cheats the foreclosure defendant.
What the Pretend-Defender SHOULD Do
Pretend-Defenders should actually defend against the foreclosure by trying to undo the loan for fraud. You see, almost everything that delays a foreclosure, such as complaining about robo signing, bad notarizations, bad or missing assignments of beneficial interest in the note, note separated from mortgage, securitization fraud, and so on, does NOT CHANGE THE FACTS:
Undisputable Facts
1. The borrower signed the note promising to pay according to schedule
2. The borrower signed the mortgage transferring legal title in the realty to the lender and agreeing to give up the house in foreclosure for defaulting on loan payments
3. The lender loaned the money
4. The borrower bought the house with it
5. The borrower took possession of the house and benefitted from it
6. The borrower failed to make payments according to schedule.
Many who furtively seek escape from foreclosure try to test the law or find loopholes to no avail with arguments like these:
Frivolous Arguments Doomed to Fail
1. I didn’t have a loan at the time I signed the note
2. I didn’t have seizen of the estate at the time I signed the mortgage or deed of trust
3. Only I, the maker of the note, own the note
4. Show me the note – you can’t foreclose without the original note (check your state’s laws about re-establishing and enforcing lost or destroyed notes)
5. I didn’t get a chance to read, understand, and change bad provisions of the note and mortgage
6. I didn’t have an actual contract with the lender
7. Real money doesn’t exist except in US minted gold and silver coins
8. The lender/servicer doesn’t have standing to sue in my state
9. The use of Federal Reserve Notes in the transaction cheated me and violated Article I Section 10 of the US Constitution
10. The note got separated from the mortgage
11. My note got put into the security after the REMIC cutoff date
12. My note got indorsed in blank
Inevitably, the forecloser will either refile the case or appeal the ruling and win anyway, just as did the plaintiff of the 25 cases Judge Boyko dismissed in October 2007. The undisputable facts enumerated above justify the foreclosure, REGARDLESS of all the other, relatively frivolous, arguments like those enumerated above…
…UNLESS the borrower got injured by tortious conduct related to the purchase or mortgage loan.
WHAT tortious conduct?
Typical Tortious Conduct
• Over-appraisal that caused the borrower to pay too much for the realty.
• Change in family income on the loan application by the mortgage broker.
• Excessive broker fees or other loan origination costs.
• Egregious misrepresentation about the realty itself which the buyer could not detect.
…. to name just a few.
Unfortunately, pretend-defenders don’t have the skill, patience, time, or will to accomplish such discoveries. They have so many clients whom they have conned into delaying the foreclosure that they just cannot devote the time to such discoveries. So they forego them in favor of cheating their clients into buying their service which the clients could accomplish themselves by other means.
Settle or Sue
If the defender (now not a pretender) actually discovered such fraud, the plaintiff client would have grounds for a massive winnable tort lawsuit against the lender, lender’s agents (appraiser, mortgage broker), title company, seller, and/or seller’s agents (Realtors). The defender could then approach those defendants for a settlement offer. Most times, the culprits would cave in rather than face the possibility of punitive damages. In this instance, the plaintiff might walk away with the house free and clear, the lawyer paid off, and some pocket money left over for anguish suffered.
Or, the defender and plaintiff could sue anyway and win treble damages, court costs, lawyer fees and punitive damages of God-knows-how-much.
THAT would NOT constitute cheating the client, would it?
Note that documentation proving tortious conduct like that above could by itself force a settlement. For that reason many attorneys would willingly prosecute the tort claim on contingency, so the litigation would not cost the client anything out of pocket, except perhaps for the cost of finding the tortious conduct.
What the Foreclosure Victim Should Do
Clients of pretend-defenders should
1. Dump the pretend-defender lawyer,
2. Hire an expert to find the torts, then
3. Hire a personal injury attorney to settle with or sue the foreclosure plaintiffs or other parties.
TO accomplish step 2 above the foreclosure victim should gather up $1500 and a copy of the following documents, then call the below phone number to FIND THE FRAUD UNDERLYING THE MORTGAGE LOAN.
1. Appraisal,
2. Loan Application,
3. Purchase Agreement,
4. All the papers signed at closing, particularly including the
a. Note,
b. Mortgage,
c. HUD1 settlement report
Call THIS NUMBER and ask for Storm Bradford: 703-622-5181
Storm will give you confidence about the benefit of his service and tell you where to send the documents and fee. Then he will find the tortious conduct if any, document it thoroughly in a report, and send you the report within a week.
What the Foreclosure Victim Should NOT Do
• DO NOT CALL Storm if you don’t have $1500 right now to pay for his service.
• DO NOT ASK Storm to work free, give you a price break, or do the work on the come (hock some jewelry or sell a car or some furniture if you need to in order to raise the money).
• DO NOT CALL Storm and blab on and on about the details of your foreclosure and financial and marital problems – his low fee doesn’t buy life counseling.
• DO NOT CALL Storm and propound patriot myths, legal theories, and other LOSER NONSENSE to him – he has work to do for paying clients.
Why Foreclosure Victims Should Hire Storm and NOT Some Loser Forensic Analyst
Most operators of mortgage forensic analysis services are former or current mortgage brokers or effete attorneys who will scam you by running computer software brokers or lenders use to prepare mortgages. They enter your details and compare them with your HUD1 report or look for TILA and RESPA violations which do you no good. You see, such violations for most people will net them only a thousand or so dollars, not undo the whole transaction. Such scammers DON’T find the contract breaches and other tortious conduct underlying the transaction. They simply take your money and give you a useless report that will make you MORE of a FORECLOSURE VICTIM. The report will typically do NOTHING to undo the mortgage or realty purchase.
Ponder these background facts about Storm Bradford.
• Educated in law in the UK
• Joined The Innocence Project 35 years ago and examined case docs to find errors that would get the release of wrongly convicted prisoners.
• 30+ years’ experience as criminal defense litigation consultant, helping defense lawyers destroy the prosecutor’s cases – 90% wins in over 700 cases.
• Applying the same analytical skills in mortgage fraud examination for YOU.
• Headquarters in law offices in Reston, Virginia
• 60 years of age, married, father of five
Because of his litigation experience, Storm can find and will any torts underlying the mortgage, and, as an added-cost service, draft the tort complaint for the foreclosure victim’s attorney, crafted for the victim’s state of location of the realty in foreclosure. Thus, he performs services few if any competitors can or will do.
One More Point – for Home Owners with Mortgages NOT in Foreclosure
If you bought your home more than two years ago, and you make your payments just fine, you might still justify undoing the loan and purchase because of fraud at its base. Appraisal fraud operated like a rampant rot for decades in America. Realtors and home sellers would conspire to jack up the price of realty way beyond the actual combined value (replacement cost, income capitalization, market value), and the government and finance industry made it worse by encouraging people who couldn’t repay to get loans. Appraisers gladly gave the home industry the prices they wanted for fat, juicy loans loaded with commissions and profits for brokers, lenders, and home sellers. They nearly always cheated the buyer in the process,
Furthermore, anyone having purchased a home in the past ten years might now owe more for the property than its actual value today because of the collapse of realty values as a consequence of the financial crisis. You might want a way to unload the house. Many people (I included) believe that the realty values only collapsed because the industry had falsely inflated them for decades, and as of this writing they have not yet collapsed to their true value. Thus, the industry has cheated most home buyers for decades.
So, for you, it could make sense to look for the fraud in your home purchase and mortgage, and then approach the lender for a settlement, or mount a tort lawsuit against the lender and the lender’s agents for the fraud.
Storm Bradford can and will find any such relevant tortious conduct underlying your purchase and mortgage.
Give Storm just 10% of your trust.
He will produce a 100% result for you in a week.
His 35 years of continual, good results GUARANTEE YOUR SATISFACTION.
Incidentally, if you cannot find an attorney who “gets it” about the above principles, ask Storm. He might know the perfect attorney to help you WIN instead of delay.
Summary and Conclusion
I see a lot of internet ads for lawyers who only delay the inevitable foreclosure and gouge their clients for services the clients can do themselves. Foreclosure victims can thus save money to use in paying off aged debts or buying a house at auction and prevent terrible damage to their credit scores, without a lawyer’s help, then move to a more suitable home.
On the other hand, Foreclosure victims and other mortgagors can find the fraud underlying the mortgage transaction and use it as the basis for a settlement request or tort lawsuit against the foreclosure plaintiffs. Many personal injury attorneys will take the case on contingency upon seeing hard evidence of the fraud.
I know of only one man and one service that can reliably and quickly find the tortious conduct and prepare a report with the affirmative defenses or elements of the cause of action within one week for only $1500: Storm Bradford. So I heartily recommend his service. Get your money and mortgage docs together and call him during East Cost business hours ASAP.
703-622-5181 – http://mortgagefraudexaminers.com
Oh, by the way: No, I do not operate under contract to Storm Bradford or have any “business deal” with him. I simply believe every home mortgagor ought to use his service in self defense. It’s THAT GOOD, and it’s a TREMENDOUS VALUE you won’t find elsewhere.
Hi
I have read with interest your information and although I live in the UK it is a great help.
I have defended possesion orders and won two cases. In the US it is not denied that a promissory note is used, in the UK I have problems getting the court to agree that a PM is used at all.
Untill now my problems were lack of court experience in organising the defence, disclosure, evidence, case man etc.
Is it possible to quote US case Law in the UK system.
The PM is used by the supposed Lender to originate the “loan credits”, no credits are taken from the banks reserves so no Loan accrues.
The new “loan credits” come into existence by the unauthorised use in the fractional reserve banking system of the P Note.
I have the proofs for this head of claim. Is this something that you know about and if not you do now.
Every alledged loan is Fraudulent and in the US system much easier to prove than in the UK.
I have other actions before the courts but I should now have a better understanding of the process thanks in no small measure to you and your site.
Thank you I look forward to your reply
Laurence Howell
ps the website is now defunct after sevicing clients before the Time Bar kicked in. However I will relaunch as Empowering Public Access helping clients to defend foreclosure actions.
Please add Home Equity Protection, LLC to your list. We are located in Queens, NY.
718-705-8700