How to Get Into Rental Program: After the Fat Lady Sings

Thank you June Reyno and Poppa Koppa for this Post

There is a myth going around that once the eviction and unlawful detainer are completed, and after the Sheriff has thrown you out of your own home, there is nothing else you can besides try to rent the property. Not So! There are numerous ways of turning everything back around, placing you back in your own house and vacating the foreclosure sale, the unlawful detainer and the writ of possession. Some of them involveFannie Mae renting the house, but we come back to the issue rent from whom? If they fraudulently obtained title and now wish to charge rent which they will keep for themselves why should you be paying them? The answer is very simple: if that is the only way to stay in your house without the sheriff at your door, you do what you must.

Keep in mind that you should invoke these procedures, but don’t say within the lines they painted on the highway. Demand documents to prove that the party wishing to have a rental relationship with you is in fact the proper party to do it. Why? Because you don’t want to have paid all that money to the wrong person. And you don’t want some new party whom you never heard of saying that now they own the property and the rental deal was void because they always owned the property since the foreclosure. See the other “How to” articles over the last week and you;ll see what I mean.

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PoppaKoppa sez: Let’s tell it straight!

The Wall Street pretender lenders, prankster banksters and squishy beneficiary Trusts unlawfully discount your original note when they do an untitled transfer of your property at a sham foreclosure auction that extracts an unnecessary 20% from home equities, THEY are made whole by pay offs on Credit Default Swaps, re-insurance from a Quasi government entity, and/or rapid re-sale of Your American Dream @ 50% of the NOD amount owed.
They blame YOU for failing to meet obligations THEY established. After inflicting untold emotional and financial harm, wearing down your Main Street Spirit, they ask you to say “THANK YOU, SIR!” when swoon goons will hand you back the keys to your own home!
Some folks call the past two years a period of necessary social change (socialism). I call it unjust transfer of wealth, demise of capitalism, and “Tyranny on The Courthouse Steps!” The Mass Media and Talking Heads will applaud this program as a Sigh of Relief for American Society… NAHJ supporters and Forty Percent of homes still in distress should see TEARS falling from The Statue of Liberty!

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U.S. offers rental programs to foreclosed homeowners
Is renting your home an option after foreclosure?

By Amy E. Buttell, Cyberhomes Contributor

Published: December 4, 2009

Programs offered by Freddie Mac and Fannie Mae give homeowners the option to remain in their foreclosed home as renters. (Photo: Rich Pedroncelli/Associated Press)
If you’ve received a foreclosure notice or are in imminent danger of foreclosure and your mortgage is owned by government agencies Fannie Mae or Freddie Mac, you may be able to rent your home (or former home) at an affordable rate.
Fannie Mae’s Deed for Lease Program, begun in November 2009, and Freddie Mac’s REO Rental Option program, started in January 2009, aim to keep more homeowners in their homes, even if they no longer own them. Below are the three most common questions homeowners are asking about the rental programs.
What do I need to do to participate in a foreclosure rental program?
First, you need to figure out if Fannie Mae or Freddie Mac owns your mortgage, says Ryan Boyajian, president of We Save Homes Inc., a publicly traded company that assists homeowners with loan modifications and short sales. You can find out here:
Freddie Mac Fannie Mae
While some banks and finance companies that own mortgages are offering similar programs, only mortgages owned by Fannie Mae and Freddie Mac are eligible for these two programs.
What are the qualifications?
They include:

* Your income must be sufficient to make rental payments.
* The property must be in good condition.
* For Fannie Mae-owned properties, second mortgage liens aren’t eligible and subordinate liens must be released. You must surrender your mortgage deed (known as a deed-in-lieu of foreclosure). You also cannot be involved in an active bankruptcy proceeding. Homeowners who are current on their mortgage payments aren’t eligible.
* Under the Freddie Mac program, foreclosure must have already been completed, meaning you weren’t eligible for a loan modification.
* The home must be your primary residence.
* If you are a tenant of a Freddie Mac or Fannie Mae homeowner, you are also eligible for these programs.

What are the terms of the rental, if I qualify?
The terms vary. Rents, especially in areas hard hit by home prices declines, will be at regional fair market value rates, which are likely to be significantly lower than most borrowers’ payments, says Andrew Housser, co-CEO of Freedom Debt Relief, a San Mateo, Calif.-based company that helps consumers settle their debts. In other words, “your rent payment will never be more than 31 percent of your income, but that amount must equal or exceed the fair market rent in your area for your type of home,” says Boyajian.

Under the Freddie Mac program, the rental is month-to-month, so if your house is sold under foreclosure to a new owner, you will have to leave at the end of the month. The Fannie Mae program provides greater stability, as the leases are 12-months, and your home will not be put up for sale during that time.

The time period to complete the lease agreement varies, but Fannie Mae expects its property managers to approve the rental application and complete the deal within 10 days, says Mia Melle, broker and president of operations at Renttoday.us, a Southern California property manager. She urges homeowners to respond quickly to a rental offer. “They have 72 hours to respond,” she says. “If they don’t, the offer will be rescinded.” Under this program, Fannie Mae may decide to extend leases for another year or continue the arrangement on a month-to-month basis.

CHARLES J. KOPPA, Realtor/Loan Officer/Investor/Grandfather, 760-787-9966 & the National Alliance of Homeowners for Justice dba: HELPING FAMILIES SAVE THEIR HOMES FOUNDATION

“Looking for Homeowner Volunteers Across America to Rescue Homeless Families That Have Lost Their Homes to Foreclosure” Call: 1-888-899-8915 / 909-795-4046
858-361-2399

Foreclosure Defense: Issues, Pleadings and Analysis

We are still in process of revising our manuscript for publication with all the forms we can think of. Here is a  summary of our findings thus far.

Generally we have two types of jurisdictions — the non-judicial sale jurisdictions and the mortgage foreclosure jurisdictions. California, Arizona and Nevada are non-judicial sale jurisdictions as are many others. Florida is a judicial sale (mortgage foreclosure jurisdiction) as are many others

 

We also have numerous possible stages at which a borrower can find him/herself

  1. Loan not in default but TILA claims can still be made. 
  2. Loan approaching default. 
  3. Loan in default 
  4. Foreclosure suit filed or sale date published 
  5. Judgment entered 
  6. Sale occurred to either third party or the lender. I have advised people to go to the sale and inform all potential bidders that the matter is in dispute which usually stops anyone from bidding. 
  7. Notice to Vacate -Forcible Detainer
  8. Eviction notice from Sheriff 
  9. Evicted — but TILA claims survive for (a) recovery of money and (b) possibly recovery of house from lender 

Origination of loan:

  1. REAL BANK THAT GIVES MORTGAGE AND HOLDS NOTE THEMSELVES. Direct relationship between the lender and borrower and it is not sold, migrated or otherwise transferred in any manner shape or form. Borrower gave honest information, tax returns etc. My guess is that the only claim here would be fraudulent appraisal but even that is weak because the bank is actually at risk. 
  2. Mortgage broker steering borrower to worst deal for highest fees. Inflated income and appraisals submitted. Lender is selling off or has entered agreements to provide “inventory” to mortgage aggregators who will sell the aggregated loan portfolio to investment bank who in turn will sell “derivative” securities (CMO – collateralized Mortgage Obligations or CDO — Collateralized Debt Obligations) to investors who are defrauded by representations from the lender, appraiser, mortgage aggregator, investment bank, and intermediate sellers of securities. Bank is NOT in any relationship with borrower but that is not disclosed. Bank has no risk or interest in whether borrower pays on loan or not. 
  3. MOST COMMON: A “bank” that is actually a front for one of the major players. In actuality the bank is a mortgage broker steering customers to worst loans for highest fees. 
  4. While the “lender” takes the position that they were defrauded by the borrower, the mortgage broker and the appraiser, the truth is that they intentionally defrauded themselves by setting up the structure and giving themselves the position of “plausible deniability.” Their intent was to create a plausible record for the mortgages and notes they were selling to mortgage aggregators and investment bankers. 

Types of Loans:

  1. Fixed rate 30 year mortgage fully amortized. 
  2. Fixed rate 30 year mortgage amortized but partially negative — i.e. the borrower is paying less than the full payment and the balance owed on the note is going up. Possible TILA violation. 
  3. Fixed rate mortgage interest only, negative amortization. Clear TILA violations in most cases. 
  4. Adjustable rate mortgage fully amortized. First adjustment after teaser rate in 1, 3, 6, 12 or more months. Borrower “qualifies” for mortgage because income figures support paying the teaser rate. At the first or second adjustment however, they no longer qualify and the lender knows it by definition. TILA violation, fraud, etc. 
  5. Adjustable rate interest only, negative amortization 6. Multiple mortgages and notes for multiple properties for speculators — usually involves falsifying information that buyer is going to use the house as primary residence, falsifying income and falsifying appraised values. TILA, fraud etc. 

Authority and ownership of loans — Legal Standing and Jurisdiction

  1. Originating lender still servicing the loan, holds note and mortgage. No assignment, sale or other fancy financial tricks. 
  2. Originating lender is actually mortgage broker, loan migrates to senior lending institution, to mortgage aggregator to investment banker to seller of securities to investor. 
  3. Trustee in non-judicial sale states posts notice of sale based upon information from a source that (a) does not service the loan and therefore does not know if the borrower is in default or not and/or (b) does not own the mortgage or cannot prove that it owns the mortgage and/or (c) does not own the note or cannot prove that it owns the note. In most cases an investor owns the mortgage and note and the people involved in the foreclosure don’t have a clue as to which bundle of mortgages went into which bundle of securities and how many investors bought into that bundle of securities, and there are no proper assignment documents that were designed much less signed in anticipation of being able to establish legal standing in sale, foreclosure or eviction. 
  4. Originating lender files foreclosure or posts notice of sale and does not have servicing rights, ownership of mortgage or ownership of note. 

Potential Pleadings:

  1. Federal Claim for TILA, respa, RICO, fraud etc. 
  2. Memorandum of Law in support of complaint. 
  3. State Court claim for Fraud 
  4. State court action for stay of sale, eviction etc. 
  5. Emergency Petition for temporary Injunctions- State and Federal Courts and memorandums in support thereof. 
  6. Motion to expedite discovery. 
  7. Interrogatories 
  8. Requests for admission 
  9. Request to Produce 
  10. Notice of deposition duces tecum 
  11. Adversary proceeding in Bankruptpcy Court 
  12. Memorandum and pleading in opposition to Motion for lifting stay 
  13.  Demand letter to Originating lender — for documents tracing where the mortgage went and for refunds and damages, enclosing TILA audit. 
  14. Rescission letter 
  15. Form retainer agreement for audit an checklist for retaining auditor 
  16. Form retainer agreement for attorney and checklist for retaining attorney 

TELL ME YOUR MORTGAGE NIGHTMARE STORIES

I WANT YOUR STORIES!!!
HERE IS WHAT I JUST RECEIVED FROM A LAWYER I KNOW —
This one who I have been corresponding with sent me an e-mail describing the events of her “closing” where she was told by the Countrywide loan officer that her dad’s life estate did not need to go on the mortgage, and the “closing” took place at a little table in a Barnes & Noble bookstore with a line of people waiting to “close” in a frantic fashion.
 
Jesus! Assembly-line closings in bookstores, forged signatures on loan documents, etc. all obviously railroaded through to get the “bundle” together for resale to Bear Stearns or whoever. This is beyond ugly.
I had a conversation with guy in California yesterday who had been forcibly evicted by the Sheriff after a “non-judicial” sale resulting from a mortgage financing that had more holes in it than the board in back of the paper target at the firing range.
I spoke to another fellow who did everything right in the State of Washington, made his payments, stayed in touch with the lender, and yet his house was also sold at “non-judicial sale” and he is about to evicted after his mortgage broker stole $5,000 from the closing (claiming the lender wanted a credit card paid off), after the lender took $7,000 from him to reinstate his mortgage, and after he sought relief in all the right ways from State and Federal Courts.  
I WANT YOUR STORIES WHICH YOU CAN EITHER PUT IN THE COMMENT SECTION BELOW OR EMAIL TO ME.
HELP ME SHINE A BRIGHT LIGHT ON THE RED-LINING THE TILA VIOLATIONS, THE HARD CORE PREDATORY PRACTICES OF LENDERS WHO HAVE UNDERMINED THEIR BORROWERS AND THE INNOCENT NEIGHBORS OF THESE BORROWERS. TELL ME YOUR NIGHTMARES.

Mortgage Meltdown: Foreclosure Checklist: Things to do

You should consult with legal counsel if at all possible. Local rules and state laws differ, as do the application of bankruptcy laws in each state.

That said, based upon the emails I am receiving, many people don’t have the money to hire a lawyer. Obviously this makes perfect sense since most of the people reading this blog are people who have not made their mortgage payment.  

So the first order of business is to realize that the judicial systems of each state govern foreclosure procedures, and that none of them were designed to handle a situation like the Mortgage Meltdown. The clerks in the courthouses, the Judges, the lawyers, the banks, and others are all in the same boat as you are. They are confused, upset, and they don’t have a plan.

We have published a lot of do’s and don’t here and you can research through our 100+ posts that will give you much of the information you need. But I want to summarize and expand some issues.

1. Fight back and don’t take anything for granted. A piece of paper, whether it is posted on your door, signed by a Judge or a letter from a lawyer does not mean you have to do what they are asking. But you DO need to plan your response.

2. Don’t assume that you will lose. There is growing sentiment out there that you got screwed and that your city, homeowner association and neighborhood is suffering from this massive fraud on the American Public.

3. Don’t assume the lender wants to the property back. They already have more than they can handle. Offer to maintain the property and pay the utility bills. Hold firm on your offers and ask to speak to managers and continue going up the authority ladder until you get to someone who (a) has a brain and (b) has the power to make a decision that would alter “policy.”

4. Don’t assume the Sheriff has nothing to do except evict you. even after the order is signed to evict you, you have options including just staying there. But you should have a plan B. Sheriff’s resources are declining due to declining tax revenues. Performing unpopular evictions that nobody really wants to see happen is not at the top of their list. 

5. Make sure everyone in your family knows about your problem and is at least sympathetic. You might get more help than you expect — and this is no time to stand on ceremony or pride.

6. Make sure that your immediate family continues to receive your attention, your love and nurturing from you. The last thing you need on top of the foreclosure is a divorce and custody battle. 

7. If you are in a committed relationship do some brainstorming about how you can make more money, start some small business, earn money off the net or whatever suits you. Think about education too, since the job market is going to require increasingly sophisticated knowledge if you want employment security.

8. Don’t get mad, get even. Game the system. Get to know people who are in it and charm them, cajole them, and do whatever you have to for information, advice and guidance. Assume you CAN keep your house, that the mortgage can be modified in principal, interest and payments so that you can stay in it. Because it can and the lenders are increasingly looking at that option because it at least freezes the downward spiral of housing prices and therefore the downward prices of securities they sold to investors based upon YOUR mortgage.

9. Do NOT hire a consultant that asks for money up front. By all means listen to anyone who is willing to work and get paid IF he/she is successful. The only exception to this is someone with a proven track record of doing TILA (Truth in Lending Act) audits. These audits are worth their weight in Gold. Even if you have to borrow the money to get the audit done, it will most likely give you some strong ammunition with which to fight your foreclosure and sale. 

10. Don’t be a stranger. My email is listed on the “About” page. If you something to share or ask, go ahead. 

 

Mortgage Meltdown: State and Local Action Could Save Everyone

 

  • By slowing down the progression of foreclosures in the courts, judicial sales and bankruptcies, states can effectively bring the fall of housing to a point of equilibrium where at least the opportunity will arise for recovery. It is distinctly possible, particularly with the effect of inflation and devaluation of the dollar, that the numbers can work out even without a strong market. 
  • Borrowers, lenders, investment bankers and owners of CMOs might breathe a sigh of relief in a few years if they cooperate in these procedural mechanisms designed to slow down foreclosures. Kudos to Philadelphia Sheriff John Green who took the stand. That’s not just politics, it is courage. 
  • And it’s not socialism, it is reality: those people who would oppose these measures are arguing against their own interests. These measures are what Government is for — to step in and NOT let the the fabric of society get ripped apart and by the way, to prevent the precipitous decline in YOUR equity in YOUR home even though YOU are not in foreclosure. Do you really think that this mortgage meltdown is not going to cost YOU?
Philadelphia suspends sales of foreclosed homes (more socialism will fix it).

Reuters ^ | March 28th, 2008 | Jon Hurdle 

Posted on March 31, 2008 6:50:08 AM MST by 2banana

PHILADELPHIA (Reuters) – Authorities in Philadelphia will suspend foreclosure sales of homes whose owners have fallen behind on adjustable-rate subprime loan payments — potential relief for tens of thousands of struggling debtors.

Sheriff John Green said on Friday he would halt sales of foreclosed properties in April and would seek a court order extending a moratorium for an unspecified period.

His action follows a nonbinding resolution passed unanimously by the Philadelphia City Council on Thursday calling on Green to stop the sales to give borrowers more time to seek a settlement that would prevent them from losing their homes.

Philadelphia becomes the first U.S. city to halt foreclosure sales in the current crisis, although Cleveland and Baltimore are considering similar measures, said ACORN, an advocacy group for low-income families.

The group said 45,470 subprime foreclosures are expected in Pennsylvania between the third quarter of 2007 and the end of 2009.

Green, the sheriff of Philadelphia city and county, is trying to identify and track homeowners with weak credit histories who took out the loans with initially low repayments but who are no longer able to afford them because their rates have adjusted sharply higher.

Such loans are expected to lead to a flood of foreclosures throughout the United States this year, and have led to severe losses among financial firms trading in securities backed by the mortgages. ACORN estimates 2.2 million mortgage loans will go into foreclosure in 2008 due to the subprime crisis.

“Given the severity and complexity of mortgage foreclosures, a moratorium will allow for more time to identify and help distressed home owners,” Green said in a statement.

  • There is a most interesting by-product of all this is that the refusal of the Federal Government to get involved in the remedy to a problem that was created by intentional non-regulation and non-enforcement at the Federal level: 
  • States are rediscovering their power, their rights and their obligations. The fact is that the Federal government cannot be be trusted (or at least IS not trusted) by most participants in the mortgage meltdown. 
  • The unintended consequence of the mortgage meltdown, which adds to the Katrina fall-out is that states will take action on their own and that they might form regional unions through agreements that will look very much like treaties between sovereign nations.

 

 

States Tackle Foreclosures In Absence of Federal Help

By Dina ElBoghdady and Renae Merle
Washington Post Staff Writers
Wednesday, April 16, 2008; A01

 

This month alone, Philadelphia‘s sheriff delayed foreclosure auctions of 759 homes at the city council’s urging. Maryland extended the time it takes to complete a foreclosure. State leaders in Ohio recruited more than 1,000 lawyers to aid distressed borrowers.

Frustrated by the slow pace of federal action on behalf of struggling homeowners, some states and cities have struck out on their own to stem an alarming rise in foreclosures that has depressed home prices in most parts of the country and eroded local governments’ revenues as property taxes and utility bills go unpaid.

Nine states have committed more than $450 million to “loan funds” aimed at refinancing the mortgages of at-risk borrowers, according to a study by the Pew Charitable Trusts. A handful have brokered deals with major lenders who have pledged to ease terms for some troubled loans. A few states have lengthened the time it takes to complete a foreclosure.

“What the states are saying is: ‘We can’t wait any longer for the federal government. We have to get ahead of this,’ ” said Tobi Walker, a senior officer at the Pew Charitable Trusts. “The states are experiencing this pain more directly than the federal government is.”

 

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