Don’t wait til it’s too Late: Act now to protect your home from Foreclosure

Posted on August 14, 2023 by Lance Denha

Foreclosure is a word that makes many homeowners cringe. Homeownership is a part of the American Dream for many, but it can quickly turn into a nightmare if you face foreclosure. Foreclosure means that the bank is trying to take your home. It’s a difficult situation that many homeowners find themselves in, but it’s not the end of the road if you act quickly.

Why Acting Quickly Matters

  1. **Time Is Not on Your Side:** When it comes to foreclosure, the clock starts ticking fast. The bank doesn’t want to wait, and neither should you. From the moment you receive the notice, you have only a limited amount of time to respond. Waiting can make things much more challenging.
  2. **Your Options Narrow:** The sooner you act, the more choices you have. There might be ways to explore legal defenses. But if you wait too long, some of those options may no longer be available to you.
  3. **Stress Grows:** The longer you wait, the more stressful the situation becomes. Your home is at stake, and that’s a big deal. By acting quickly, you can ease some of that stress and take control of the situation.

2 Things to do Now

Reach Out to Professionals

You don’t have to face foreclosure alone. There is help out there, like resources you see here on our livinglies.me site to educate yourself on your options, and access to the lawyers we work with who specialize in foreclosure defense. It’s important to know the laws so you can be guided through your specific situation. A professional can help you understand foreclosure defenses and how to use them.

Communicate with whoever is trying to take your home

Early communication with the party that is serving you with foreclosure notices is important. Some examples of letters to the party suing you for foreclosure are found in our Administrative package that we can help you prepare. They include letters formatted for your specific situation and include Debt Validation Letters and a Qualified Written Request which you are entitled to under RESPA (Federal Real Estate Settlement and procedures act)  Contact us for more information on this important service used early in the process.

Final Thoughts

Foreclosure is scary, and it’s normal to feel overwhelmed. But ignoring the problem won’t make it go away. In fact, waiting can make things much worse.

Remember, you have rights as a homeowner, and there are people out there who want to help you. But you have to take the first step. Reach out, ask for help, and start exploring your options as soon as possible. Your home is worth fighting for, but the fight has to start with you.

Don’t wait until it’s too late. The sooner you act, the more control you have over your future and the future of your home. Your dream doesn’t have to end in foreclosure; you have the power to write a different ending.

I hope this blog post serves as an informative and motivating guide for homeowners facing foreclosure. Acting quickly and seeking professional help can make a world of difference.

 

 

Filed under: foreclosure | Tagged: , | 3 Comments »

Defend a foreclosure in a non judicial state

Posted on July 14, 2023 by Lance Denha

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 www.livinglies.me team for a free initial review.

Filed under: foreclosure | Tagged: , | 8 Comments »

%d bloggers like this: