HOW TO STOP A FORECLOSURE SALE OR EVICTION
If you or someone you know is currently facing a foreclosure sale or eviction due to a foreclosure sale FRAUD STOPPERS PMA can provide you with the legal documents that you need to stop the foreclosure and stop the eviction, and save your home from foreclosure and stop the eviction so you can stay in your home. Register for a free mortgage fraud analysis right now and get the legal help that you need to stop a foreclosure sale or eviction.
Are You Looking To Avoid Foreclosure, Stop a Foreclosure Sale, or Stop an Eviction?
FRAUD STOPPERS PMA is a full service private members association dedicated to helping you save your home from foreclosure, and getting the legal remedy that law entitles you to. The proper foreclosure defense requires you to examine multiple strategies. Finding a local competent foreclosure defense attorney, or mortgage fraud attorney, can help you increase your odds of success. However you need more than just a foreclosure defense attorney or mortgage fraud attorney if you want to save money and increase your odds of success suing your mortgage lender or mortgage servicer for fraud.
EXPERT WITNESS TESTIMONY
Besides having a good local foreclosure defense attorney, or mortgage fraud attorney, you also need a third part expert witness who can provide you and your attorney with expert witness testimony and depositions to help you win your mortgage fraud, quiet title, or wrongful foreclosure lawsuit. FRAUD STOPPERS PMA can provide you with the expert witness affidavits, dispositions, and expert witness testimony from leading experts in the industry who have been admitted into courts all across the country as creditable experts regarding mortgage fraud, securitization, uniform commercial code, IRC 1031 like kind exchange (table funded) transactions, and other foreclosure defense and mortgage fraud related subject matter.
TRAIL READY SUPPORTING EVIDENCE
In addition to having a competent local attorney, and a third party expert witness, you will also need trail ready supporting evidence if you want to save your home from foreclosure, stop a foreclosure sale, stop an eviction, or win a mortgage fraud lawsuit, quiet title lawsuit, or wrongful foreclosure lawsuit. No matter what your foreclosure situation is you need evidence to win, and FRAUD STOPPERS PMA can provide you and your foreclosure defense attorney, or mortgage fraud attorney with trail ready evidence consisting of mortgage fraud audits, Bloomberg securitization audits, robo signing audits, credit default swaps analysis, time stamped Bloomberg screen shots, pooling and servicing agreements, forensic audits, chain of title investigations, expert witness affidavits, and exhibits to support your complaint.
LEGAL EDUCATION AND TRAINING
But supporting evidence, a good local foreclosure defense attorney, or mortgage fraud attorney, and a creditable third party expert witness are not the only things you need if you want to save time and money and increase your odds of success suing your mortgage lender or current mortgage loan servicer for mortgage fraud, foreclosure fraud, or to stop a foreclosure sale or eviction. In addition to all these three important things you also need some education and support so that you can start the lawsuit process pro se and learn how to win in court (with or without an attorney). This way by the time you are ready to bring in your local foreclosure defense attorney, or mortgage fraud attorney you will know everything that your attorney should, and should not, do; and more importantly you will know how to contract with your attorney and control them so that they do not take advantage of you. In addition to that, you also need to know how to control the judge and the banks attorney too!
You need to know how to become the squeaky wheel so that you get the grease. You need to know how to document all the appeal-able issues so that you properly lay your case out so that you can win your mortgage fraud lawsuit, quiet title lawsuit, or wrongful foreclosure lawsuit on appeal. If you are really serious about stopping a foreclosure sale or eviction, saving your home from foreclosure, or suing the banks for mortgage and foreclosure fraud you need to learn how to win your case. FRAUD STOPPERS PMA can provide you, and your foreclosure defense attorney, or mortgage fraud attorney with cutting edge legal education and training material to help you increase your odds of success getting the legal remedy that the law entitles you to and that you deserve. FRAUD STOPPERS PMA offers Pro Se and Legal Education curriculum that includes: Online Legal Research, Legal Research Hints & Tips, How to Use Evidence Rules, Effective Written Motions, Effective Spoken Motions, Affirmative Defenses, Complaints & Causes of Action, Essential Courtroom Objections, Appeals Procedure with Forms, Summary Judgment Motions, Summary Judgment Defenses, Trial Procedure, How to Handle Witnesses, Frequently Used Forms, Criminal Defense, Property Law, Contract Law, How to Collect Judgments, Official Rules of Court, Standard Pleadings, Discovery of Evidence, How to Hire a Lawyer, How to Control Lawyers and Judges, Common Law Maxims, Natural Law Theory, Wrongful Foreclosure Lawsuits Post Yvanova in California and Cutting Edge Foreclosure Defense (CALIFORNIA BAR), Principal Reductions Through Strategic Litigation- Under Homeowner Bill of Rights, How to Cancel Secured and Unsecured Debt Obligations Through Strategic Litigation (NEW YORK BAR), Foreclosure Defense Post GLASKI & SB900 (CALIFORNIA BAR), Foreclosure Defense Seminar (FLORIDA BAR), How to Win Quiet Title (NEW YORK BAR), Contract Litigation and UCC (TEXAS BAR), Achieving Principal Reductions While Creating Leverage With Banks (NEW YORK BAR), Mortgage Securitization (NEVADA BAR), Foreclosure Defense Using Bankruptcy (NEVADA BAR), Quiet Title Workshop (GEORGIA BAR), Mortgage Securitization and Quiet Title II (NEVADA BAR), Securitization in Litigation And Quiet Title I (CALIFORNIA BAR), and MORE!
POWERFUL COMPLAINT WITH LEGAL ARGUMENTS THAT MATTER
However to stop a foreclosure sale or eviction, save your home from foreclosure, sue for mortgage fraud or foreclosure fraud, or win a mortgage fraud lawsuit, quiet title lawsuit, or wrongful foreclosure lawsuit you are not only going to need a good attorney, expert witness, supporting evidence, and legal education and training. Besides all that you also need a powerful complaint or petition for damages that proves the mortgage or foreclosure fraud in your case. You need a powerful argument that is based in facts and the law. You need a quiet title or wrongful foreclosure compliant that proves to the court that there are genuine issues of material facts related to the legal title of your real property and that you have been harmed. You need to show the court (judge and jury) that you are the victim of mortgage fraud and that you are lawfully entitled to the legal remedy that your complaint demands. FRAUD STOPPERS PMA can provide you and your foreclosure defense attorney, or mortgage fraud attorney with the most powerful complaint that the country has ever seen, for pennies on the dollar compared to what a local attorney would charge you. That’s if you were lucky enough to find an attorney who understands uniform commercial code, revised article 9 of the UCC; table funded securitized mortgage transactions, and how to win quiet title! FRAUD STOPPERS PMA can help you save up to 90% of the cost that a competent attorney would charge you for this type of quiet title or wrongful foreclosure complaint.
FULL PRO SE LITIGATION SUPPORT
And lastly if you want to save time and money, and increase your odds of success, suing for mortgage fraud or foreclosure fraud you will need full ongoing litigation support to help you start your lawsuit Pro Se, until you are ready to bring in your foreclosure defense attorney, or mortgage fraud attorney to help you win your case at trial. FRAUD STOPPERS PMA and our associated partners can provide you with ongoing, month to month, full litigation support to produce all of your ongoing legal documents you need, and the training and support that you need to correctly apply them so that you win in court.
Don’t let anyone fool you into believing that stopping a foreclosure sale or eviction, saving your home from foreclosure, suing for mortgage fraud, suing for foreclosure fraud, or winning a quiet title lawsuit or wrongful foreclosure lawsuit is easy. It can be done, but it takes more than just filing some crap lawsuit you downloaded from the internet. Winning your case will take time and money. Winning your case will take the help of a trained attorney. Winning your case will take evidence and a third party expert who can provide testimony for you; remember you and your attorney cannot testify in your case. Winning your case will take some time and effort for you to learn some basic court room rules and procedures. But winning your case can be done. Others have done it, and you can to. If you are serious about stopping a foreclosure or suing for quiet title or wrongful foreclosure let FRAUD STOPPERS PMA help you get started on the road to victory today by registering for a FREE Mortgage Fraud Analysis and FREE Bloomberg Securitization Search. Get the facts, evidence, and support that you need to save your piece of the American dream right now.
How to Save Your Home From Foreclosure
Foreclosure defense strategies can be formed in various ways. Do you know what your options are? During your free consultation, our attorneys will help identify the appropriate course of action. FRAUD STOPPERS PMA was established by real estate professionals dedicated to protecting Illinois homeowners. Our attorneys are here to help you save your home from foreclosure. With a simple phone call, we can help save your home from foreclosure. You will become well informed of the process as well as your options.
You May Be a Victim of Mortgage or Foreclosure Fraud
It is important that you are aware of the impending issues surrounding your foreclosure. You should conduct a thorough review of all previously executed documents. If your documents contain errors, or do not contain the proper signatures, this can aid in your defense. The number of foreclosure cases suspected of fraud is increasing. Wouldn’t you want to know if you were the victim of fraud? It’s surprising to see the growing number of winning mortgage fraud cases and winning quiet title lawsuits in regards to home foreclosure.
Foreclosure and Mortgage Fraud
Have you heard of robo-signers? A robo-signer is an individual who is not trained in the field, has no real legal authority to sign affidavits or other important legal documents necessary to foreclosure on homeowners; nevertheless they are paid to sign thousands of foreclosure documents with false signatures, so that the mortgage lenders and mortgage services can illegally foreclose on innocent homeowners. Are all the signatures and information on your documents true and accurate? Many foreclosures attorneys and pro se litigants do not receive a comprehensive robo-signing analysis or review of their mortgage loan and foreclosure documents to determine if all the signatures and relevant information is correct. If you want to stop a foreclosure sale or eviction, save your home from foreclosure, or sue for quiet title or wrongful foreclosure then you need to ensure that you are aware of all the discrepancies and any fake or fraudulent signatures from robo-signers before you engage in any foreclosure defense or mortgage fraud activities. Because finding evidence of robo-signing could prove significant in your foreclosure defense efforts.
Here is a video of a woman in Florida who found evidence of robo-signing in her mom’s mortgage documents and when she and her foreclosure defense attorney presented this evidence to the court her mortgage company agreed to forgive her entire mortgage amount. She basically walked away with a FREE HOUSE!
FRAUD STOPPERS PMA can provide you and your foreclosure defense attorney, or mortgage fraud attorney with trial ready evidence that includes a robo-signing audit and investigation. Don’t let the banks trick you into thinking that all of the legal documents they rely on to foreclose are genuine, true, and accurate; because many times they are NOT!
Does The Bank Have The Right To Foreclose?
Before a bank can foreclose on a home, certain things must be in their possession. Maybe most importantly, the bank must have a note of ownership. Since the housing boom, many loans have been resold as investment opportunities. Many of the ownership notes were subsequently stripped from the actual loans. The bank cannot foreclose on your home unless they have the note. If they are unable to provide the proof of ownership, this helps your case. Reports indicate that under these circumstances, judgments go in favor of the homeowner more often than not.
FRAUD STOPPERS PMA Can Help You
Pro se litigants and homeowners working with attorneys choose FRAUD STOPPERS PMA for their foreclosure defense needs because we provide the legal documents, trail ready evidence, expert witness testimony, support, education, and training, needed to help them fight to save their homes from foreclosure fraud and mortgage fraud. If there is any evidence of mortgage or foreclosure fraud within your mortgage loan or foreclosure documents that can help you in your foreclosure defense efforts FRAUD STOPPERS PMA will find it. A thorough examination of all of your legal documents can provide you with the information needed in your effort to save your home from foreclosure. FRAUD STOPPERS PMA can even discuss additional exit strategies such as a Short Sale, Deed in Lieu, Keys for Cash, or Real Estate Joint Venture Transactions that may be able to help you put your foreclosure worries behind you and move on with your life in a new home! We will discuss all of your legal options in full and answer any questions you may have about how you can stop a foreclosure sale or eviction, sue for quiet title or wrongful foreclosure, save your home from foreclosure, or simply move on with your life in a new home. Call FRAUD STOPPERS PMA today at 844.372.8378 right now and get the help you need to gain the legal remedy you deserve.
FREE MORTGAGE FRAUD ANALYSIS
The following information 11 Foreclosure Defense Considerations is the result of the dedication, research, and work of CJ Holmes and Home Owners for Justice.
CJ’s Presentation to the Attorney General Regarding Recontrust Foreclosure Fraud
This presents the facts of fraudulent foreclosure documents used to steal homes.
Following is an overview of what owners should consider when faced with the potential loss of their home. The first eight considerations focus on fighting back to keep the home. The last three can potentially delay the home loss, but in the end, will most likely lose the home. How each owner chooses to proceed is up to that owner, their situation, their time, their ability to fight, and their resources.
CJ Holmes is not an attorney, CPA, loan modification or securitization expert, but these strategies seem to be the most effective foreclosure defense strategies of which many don’t depend on third parties to perform, can be done by the owner with minimal fees paid to others, and will likely result in at least foreclosure postponement, possible foreclosure cancellation, outright loan rescission or wrongful foreclosure restitution.
No actions or efforts of any kind can be guaranteed – we’re fighting against entities that use fraud as a business model. [HOFJ does not represent or endorse the accuracy of reliability of any information provided or discussed, nor does HOFJ accept responsibility or liability for any loss or damage of whatever nature that may arise as a result of your use of or inability to use this information or this website. Content may change without notice.]
Warning: Owners sometimes get lured into dangerous traps – like recording documents of their own on their properties. DON’T DO IT. If you have, here are some documents to use to rescind (take back) the documents you recorded. DAs will find these owners “easy-pickin’s” to prosecute for fraudulent document recordation.
Reconveyance Rescission Document pdf General Rescission Document pdf
Warning: Foreclosure Consultants must be licensed in CA since 2009. The CA legislature passed a Foreclosure Consultant Law that requires anyone, other than licensed attorneys, who charges for any type of foreclosure defense assistance, must be licensed and bonded with the California Department of Justice. Protect yourself by asking those selling assistance to prove they are licensed to do so. Californians, please do yourselves a favor and suspect all “out-of-state” help. These entities are beyond the CA Department of Justice. Demand proof of all claims no matter what the claims are or who makes them.
CA Desist and Refrain Orders for Unlicensed Loan Mod Activities
File a complaint to the Department of Justice for Unlicensed Loan Mod Activites
Warning: Audits. Typical “Loan Audits” or “Securitization Audits” often with Bloomberg screen shots, do not get the powerful results that shrewdly using the law does. Most of the information used in these audits are freely discoverable from demanding the information from the servicer, reviewing the recorded documents, or accessing the SEC internet site. The whole point of any technique is to ensure it will actually help get a loan modification or cancel the foreclosure. Please contact us before spending thousands of dollars on an audit, that in the end, most likely won’t stop the foreclosure of your home.
Foreclosure Defense Attorneys: Good, honest, knowledgeable, effective attorneys for foreclosure defense can be impossible to find or very expensive. The best suggestion is to search your county and nearby county’s courthouse records database for lawyers who are suing the bank/servicer you are fighting. Whom you are fighting will be listed as a defendant in wrongful foreclosures. Note the names of attorneys representing the plaintiffs (homeowners) in these actions and contact them. If you find yourself cheated by an attorney falsely claiming to do foreclosure defense, as many have, please file a complaint with the California State Bar.
Some reasons good attorneys won’t do foreclosure defense:
– there is weak law or precedence for foreclosure defense (law changes might help)
– they don’t want a “foreclosure predator” reputation
– they aren’t comfortable defending a foreclosure in front of the local judges
– they are in the “good old boys club” and this type of defense is just “not done”
– borrowers are broke and can’t afford to pay them, and they can’t work for free
– they don’t really understand the issues nor that the banks are breaking the law
PRO SE HANDBOOK – Northern California
Always, and for every mega-bank infraction
Whether you are in default or not or even after you’ve lost the home to foreclosure, for each and every infraction by a mega-bank, file/amend your OCC complaint. The OCC Complaint strategy has helped many get their foreclosure auctions postponed. At this time at least delay the potential loss of your home and stay in the fight to keep your home. If/when we shut down the foreclosure mills so owners no longer risk losing their homes, then the focus will be on appropriate loan mods and/or justice and restitution.
The OCC has an Enforcement and Compliance (E&C) division. As you may already know, the five major banks were ordered by the Court on April 4, 2012, to clean up their act, stop committing forgery to foreclose, and ensure all foreclosures “are supported by competent and reliable evidence.” This is almost a year after the OCC ordered 12 Servicers to Cease and Desist their fraudulent practices in April 13, 2011.
As you will discover, evidence is rampant that servicers continue to forge foreclosure documents and steal homes. Any time and every time you identify a bank violation of these Consent Orders and Judgments, complain to the OCC Department of Enforcement and Compliance.
April 4, 2012 Consent Judgments: GMAC/Ally BofA Chase Citibank Wells Fargo
April 13, 2011 OCC Consent Orders: Aurora BofA Citibank Everbank HSBC Chase MetLife OneWest PNC Sovereign Bank USBank Wells Fargo
Read just the first 2 pages of these OCC Consent Orders. Then you’ll understand why thousands of owners decide to fight back instead of giving up and giving in to the theft of their homes.
IF you are not being serviced by a mega-bank, PLEASE complaint to the Consumer Financial Protection Bureau [CFPB]. There is a wealth of information on their website.
- Submit at least two Qualified Written Request Letters.
This is key to proving whether the Lender foreclosing on a home has “standing” – the legal authority to foreclose.
This is the ‘Backbone of Owner Defense’ and works for every owner in every state, as it is based on Federal Laws. No matter if you are current in your payments, in arrears, or facing foreclosure, send your servicer/mega-bank Qualified Written Request letters. These letters are based on RESPA, 12 USC 2605(e), the Real Estate Settlement Procedures Act and the FDCPA, Fair Debt Collection Practices Act.
Submit these letters immediately even if your loan is not in arrears. Everybody needs to verify they are making their payments to the correct party. It turns out that thousands of borrowers are NOT paying the correct party and losing their homes over it. Be sure to send at least one followup letter whether you receive any information back or not, and keep a log of every interaction, response, and information received. You may receive different information with the different requests. Keep track of everything. The second letter would be a repeat of the first if there was no response from the servicer, or would be a follow up letter demanding clarification of information received, or demand to know why specific information was missing.
These demands and the information you may or may not receive, has EVERYTHING to do with:
(a) “exhausting your legal options” if you end up in a court lawsuit against the bank;
(b) forcing the bank to state which securitization trust your loan is in (opening themselves up to more proof of fraud);
(c) provide more good reasons for OCC complaints and OCC Enforcement action; and
(d) extending the statute of limitations as claims against the bank for non-response or bad response is three years starting 60 days after the LAST demand letter was sent.
We’ve been told that with the correct attorney who knows how to do these lawsuits, getting damages is easy and can help fund a foreclosure fight war chest for the owner.
1. Submit QWR to Servicer “certified, signed receipt requested.”
2. Keep a detailed log of mailings, correspondence, and phone calls
3. Re-request missing Information; demand clarification as appropriate
4. Use in package of Owner Statement of Suspicious Documents
Mail these letters certified, signed-receipt requested, to all parties at the same time as listed on the QWR letter. SampleQWR [word] [pdf] The document name includes the date it was drafted. Check to be sure you are using the latest version. QWR letters last updated May 16, 2013.
QWR timelines were shortened by the Dodd-Frank Act and took effect in January 2013. The sample QWR letter reflects these changes.
The Consumer Finance Protection Board enforces RESPA issues.
article Mar 2012: Securitized Distrust: Mortgages found in Multiple MBSs
article Dec 2012: MI Supreme Court Requires Chase to Prove Loan Ownership
- Stop Servicers/Debt Collectors from hounding you.
If you recently defaulted on you loan payments, for approx 60 days servicers/debt collectors may make repeated calls, threatening, promising or bothering you by phone. You do not have to accept that treatment. These actions are a direct violation of the Fair Debt Collection Practices Act [FDCPA]. You may request in writing they only contact you by mail. You are welcome to use a sample letter below. Remember Servicers are exactly what they claim to be: Debt Collectors. And as debt collectors, they DO NOT and have NO RIGHT to OWN YOUR LOAN. This is a key issue mostly overlooked to date. FAIR DEBT COLLECTION PRACTICES ACT Sample letter to stop harassment [word document] Sample Letter – pdf format
- Get copies of the Foreclosure Documents if/when recorded and analyze them to start fighting back.
Forged documents are a glaring sign that the foreclosing party does not have the authority to foreclose, that they lack “standing.” This is now a “material” violation of CA SB900 and the lender, servicer, and foreclosure trustee can all be sued for damages, before or AFTER foreclosure.
video: Analyzing Recorded Documents
sampleDeedofTrust sampleDOCS used in workshop 1
Use this editable spreadsheet to fill in your document information. (xlsx format)
Here is a pdf spreadsheet to view/copy if excel doesn’t work.
Until a Notice of Default [NOD] is filed, there will likely NOT be any Assignments or Trustee Substitutions recorded on the property. This is the “secret underworld of MERS” in operation, where all ownership and note manipulation is kept secret from the public for as long as possible. Just a few minutes prior to the NOD being filed, there may be one or more assignments and trustee substitutions filed.
When you receive notice an NOD has been filed, go to the county recorder’s/registrar’s office and get certified copies of every notarized document, and plain copies of the others. In a non-judicial, Deed of Trust state, foreclosures are just a count of days: 90 for the NOD, 21 for the Notice of Sale. In a judicial, mortgage, state, foreclosures are handled in a court process. In either case, if the owner doesn’t fight back, the home will be lost. If the owner fights back, often the foreclosure auction (sale at the courthouse steps) is delayed. If the owner fights back very shrewdly, leverage is gained in negotiations – from loan modifications to a “draw” (both sides stop while owner stays in the home) to an owner win. It’s definitely worth a fight.
The recorded documents you want to get are all of those filed AFTER the Deed of Trust/Mortgage in question. Only those documents will have meaning to this current situation. Assignments, Substitutions, Rescissions, and Trustee Deeds on Sales are notarized. Notices of Default and Notices of Trustee Sales are not notarized. Don’t worry if you don’t have each of these types of documents. Just get what you have.
Input all requested information making sure that documents are in order by date. This makes it easier to spot broken chains of authority (assignments recorded AFTER NODs) and see at a glance all document signers and notaries so you can check our for the same names as used on your documents.
These efforts are building your file of forgery and fraud, the building blocks of the next strategies to save your home and get criminal prosecutions started on the banksters.
article Jan 2013: Thousands of Foreclosure Cases Left in Lurch
- Focus on the forged foreclosure document signatures with notary complaints and journal entries. video: Notary Complaint Workshop
‘Robo-signing’, which is honestly called ‘forgery‘, is a key element we can use in the fight to stop foreclosures. Forged signatures are a building block of fraud used by Servicers as they legally have NO RIGHT to foreclose. Therefore, bringing all this fraud and forgery to light will be key to shifting the political and legal winds of this war in favor of owners.
Simply summarized, this strategy calls for requesting signer signatures from the notary’s book, called journal entries, and getting notary signatures from the secretary of state with which to compare the signatures on your documents. IF a notary complaint requires a certified notary signature, be sure to order that. Also check out the Suspicious Signatures webpage to possibly find other signatures for the signer names on your documents. Once you can show any sign of forgery on any of the signatures, file the appropriate notary complaint(s), notary bond complaint(s), and include these complaints in the Owner Statement of Suspicious Documents.
This strategy is explained in more detail on the Notary Complaints webpage.
article Mar 2012: Robostamped: Deposition of Michele Sjolander, Exec VP of Countrywide. All signatures on documents coming out of RECONTRUST are forged, signed by unknown persons at unknown times. Let’s get Recontrust shut down.
CJ’s Presentation to the Attorney General Regarding Recontrust Foreclosure Fraud
- Complete an Owner Statement of Suspicious Documents and send to elected Officials.
video: Owner Statement of Suspicious Documents
suspicious documents (word format)  suspicious docs (pdf format)
CJ’s Presentation to the Attorney General Regarding Recontrust Foreclosure Fraud
This strategy combines the document analysis from #4 and the proof of forged signatures and false notarizations from #5 into one package to be presented to the owner’s local officials such as the DA, Recorder, Sheriff, and Supervisor(s), the OCC or CFPB overseeing the servicer trying to foreclose, with a copy sent to HOFJ to pass on to the statewide grand jury in each state.
Then we encourage redacted copies (private information whited out) to be sent to every mainstream media station. “Plastering the planet” with proof of fraud is the best hope the people have of shutting down the foreclosure mills and keeping their homes.
Suggested Owner Statement Distribution List:
County District Attorney
State Attorney General
To MEDIA with redacted copies (white out name/address so they focus on forgery)
Local and National TV Stations of choice
Local and National Newspapers of choice
File complaints against any California Corporations with the CA Department of Corporations.
article Nov 2012: Lorraine Brown, Founder of DocX, just pled guilty to directing employees to forge over 1M foreclosure documents. Why can’t we get all Foreclosure Mill Forgers, like Recontrust, Cal-Reconveyance, Quality Loan Servicing charged and shut down like this one??
article Jan 2013: Foreclosure Mill Marshall Watson to be Shut Down!
- File a Quiet Title lawsuit.
This strategy of a Quiet Title Lawsuit is subject to state law as property statutes are at the state level. Some states have bonding requirements that have stopped owners from filing, but there may be workarounds. This is the one type of lawsuit where recorded documents are NOT presumed to be accurate. The bank must provide proof of ownership claim and right to foreclose. For more information on filing a Quiet Title Lawsuit visit https://www.fraudstoppers.org/quiet-title because Fraud Stoppers has pro se products and services so you can save money in legal fees and file for Quiet Title without a lawyer. However you are encouraged to seek the help of a local competent attorney to fight for Quiet Title to your home for you because your odds of winning are usually higher when represented by council. If you want a lawyer to help you file a quiet title lawsuit Fraud Stoppers can help you with that too; just fill out the intake form at the bottom of this page and one of our agents will reach out to help you.
Another Quite Title self help resource is the book Overcoming Foreclosure
Foreclosure! Don’t lose your home – fight back and win!
Searching for legal leverage to avoid foreclosure? Overcoming Foreclosure is the answer to your prayers. It describes why MERS loans are not enforceable, and provides a step-by-step approach to assemble a Quiet Title lawsuit to exploit fatal flaws in the documents – and save your house.
By Norman Sirak
Price [including standard
$59.99 for the E-Book version
To order, click here
This will transfer you to Amazon.com
When Wall Street decided to use mortgages as debt collateral, they needed large volumes of mortgages. Typical offers of mortgage-backed certificates ranged from one-half to two billion dollars. To achieve this volume, lenders like American Home Mortgage and Countrywide had to cut corners and expedite the processing of loans. Attorneys were replaced with clerks; and clerks worked without legal supervision. Formalities required by the Statute of Frauds and mandatory recording statutes were treated like they did not exist. Ignoring mandatory statutes has consequences. Every mortgage or deed of trust involving a shell corporation called Mortgage Electronic Registration Systems has been rendered unenforceable by property statutes which were simply ignored. Overcoming Foreclosure describes why these loans are not enforceable, and it provides a step-by-step approach for assembling a Quiet Title lawsuit designed to exploit these fatal flaws.
Overcoming Foreclosure is grounded in law, but it has been written for the homeowner confronted with this problem. If you have been searching for legal leverage on websites such as Living Lies, Foreclosure Hamlet and sites with similar content, this book is intended to be the answer to your prayers.
- Consider applying for a loan modification.
video: Loan Modification & SB900
California SB900 Loan mod denials appealed, p11
Lender “standing” p.22. “…accurate and complete and supported by competent and reliable evidence.”
All foreclosure participants can be sued for “material” violation p.19
800,000 families improperly denied a loan modification
FDIC NPV Calculator [Net Present Value]
Homeowners just want an affordable loan for the home they purchased or refinanced at the top housing price bubble. This bubble was intentionally created and manipulated by the bankers and the Federal Reserve, just as this foreclosure crisis was intentionally created and manipulated by the same thieves.
Make no mistake, homeowners are victims in this ruse to steal their land. Simply listen to William K. Black and Catherine Austin Fitts on the home page of this website.
Other webpages cover various aspects of loan modifcation in more detail, with links to free help and discovering if Fannie Mae or Freddie Mac owns your loan: Loan Mod Links & Info, HAMP, and HARP2. Beware working with NACA. NACA has contracts and is paid by the very servicers which decide on your loan modification terms. In real estate, this is called “dual representation.” NACA has refused to respond to my demand for full disclosure of their fees and servicer contract terms. Watch out.
Other warnings: “Trial Loan Modifications”: Loan Servicers frequently tell borrowers that if the borrower will just send “trial loan payments,” typically half the normal payment for 3-6 months, then the borrower will qualify for a loan mod. These trial mods are not substantiated by any paperwork. Not only is this FALSE, it is ILLEGAL. If your Servicer suggests you do this, immediately file a complaint with the OCC. Word on the street is that every penny sent to the Servicer AFTER the borrower defaults on the loan is pocketed by the Bank and illegally not applied to your loan or impound accounts.
Send Qualified Written Request asap: Prior to signing any loan modification paperwork, please be sure you have submitted the Qualified Written Request, strategy #2 above, to ensure their payment history on your loan matches your records and that your payments will be going to the correct party. A recent study of OCC data found over 800,000 families in the nation were illegally foreclosed because banks broke the rules for loan modifications. And Washington is letting the banks get away with this.
Log Every Conversation: Be sure that every time you speak to anyone about your loan, document the conversation with the company name, the employee name, the employee ID, the department name, the geographic location, and that employee’s supervisor name. This will give you greater power in advocating your case with the OCC and others.
- Sell the home in a short sale.
If a loan modification is not workable due to income or other loss, then a short sale may be the most elegant and least stressful way out of the home. A short sale is where the sales price of the property is less than the amount of the loan(s). Sometimes short sales can postpone foreclosure auction dates, particularly when combined with an OCC complaint (as appropriate).
Frequently there are HAFA ‘move out’ moneys available for an owner at the close of a short sale. Be sure to work with a competent short sale representative that can get the transaction completed and ensure you get the most benefit possible. Contact us for complete details and how a short sale might benefit your situation. We are very successful with this challenge for any property in the state of California.
There may be tax consequences of selling a property short, and speaking to your tax adviser is highly recommended.
CA Rule Changes: Short Sales Protect Owners – No Lender Recourse
CJ’s video and blog article about this topic. This is general information only for California State. Please seek competent legal and tax advice for your specific situation.
How a short sale can hurt: Credit Damage when Selling Short or Foreclosure
Jan 1: Mortgage Debt Relief Act of 2007. 12/31/2012 deadline extended to 12/31/2013. This applies only to Federal Income Taxes, and is for “Purchase Money” owner occupied single family homes only. Does not apply to refinanced moneys. Purchase money is the loan used to purchase the property. CA tax debt relief expired 12/31/12. SB30 is in the works to conform state law to federal law and be retroactive to 1/1/13.
- Consider a Deed in Lieu of Foreclosure.
This involves the owner deeding the house back to the servicer without as many unknowns as a foreclosure auction. The owner will still face the same tax consequences of income tax on phantom gain as in a short sale. Owners have to determine their willingness to let the home be taken illegally from them.
Bankruptcy has been a mainstay of foreclosure auction postponement. If you decide to file bankruptcy, please be sure, whether representing yourself in court or using an attorney, that the schedule of assets presented to the court lists the loan as an UNSECURED debt. This is a key technique in forcing the bank’s attorneys to prove the bank owns the note and has the right to foreclose. IF the debt gets discharged as unsecured, then the owner should immediately get the title company to demand the settlement paperwork from the bank to remove the loan debt from the property record.
Evidently for farmers, there is a Chapter 12, which is a force down of the loan principle to current market rates. If you think this might apply to you, please mention it to your attorney.
Website links for complaints:
the Consumer Financial Protection Bureau [CFPB] the California Attorney General: BofA, Chase, GMAC/Ally, Citibank, Wells Fargo
the AG complaint website
the California State Bar
the California Department of Corporations
Clouded Titles: Mayday Edition
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Who Really Owns Your Home?
Clouded Titles: Mayday Edition (new updated edition with case cites) exposes the ongoing mortgage scandal created by banker endorsed deregulation and MERS (Mortgage Electronic Registration Systems). The fraud is wide spread and millions of Americans have been affected. Over 70,000,000 titles to property are clouded! Is yours one of them? This book will help you find out! This is vital information for anyone who has a mortgage or is planning to purchase a home in the future.
The aftermath of the 2008 financial crisis is still ongoing. It may take a century of litigation and legislation to straighten out the mess caused in slightly more than a decade of chicanery. This book reveals the truth about the foreclosure crisis and outlines the reasons why millions of property owners across America may be forced to file a quiet title suit just to be able to convey clear title to their properties.
The book covers the issues that borrowers and property owners are now facing as a result of this corporate corruption. It also guides homeowners with suggestions and ideas for seeking remedy in state courts, the only place in America with any saving grace. The author delves into the quiet title action and what it means to property owners with clouded titles. Clouded Titles will inform readers about foreclosure defense, strategic default, quiet title actions and county land record functions. It includes a detailed Index and Table of Case Citations and comes highly regarded by attorneys.
Author and investigative journalist, Dave Krieger, uncovers information that asserts major banks knew their actions may have clouded your property’s title. Clouded Titles is a must read for all truth-seekers that want to understand how the securitization mess on Wall Street has affected American property owners on Main Street. $49.95 click here to purchase
Free Foreclosure Defense Documents & Other Resources
- 65 signs of foreclosure fraud
- Foreclosure Laws by State
- How to Locate Your Federal Court House
- How to Search the SEC for a Securitized Trust
- List of Known Robo-Signers
- Ocwen list of prepared questions and answers
- 100 INTRODUCTORY FACTS ABOUT MORTGAGE SECURITIZATION
- YALE LAW JOURNAL “In Defense of Free Houses”
- Who Has the Burden of Proof
- How to Fight Foreclosures 101
- A Few Facts about MERS
- New York’s U.S. Bankruptcy Court Rules MERS’s Business Model Is Illegal
- MERS Admits NO Interest in Mortgage and No Loss on Default
- ALLEN BAKRI V. MORTGAGE ELECTRONIC REGISTRATION SYSTEM
- Consent Order for MERSCORP and Mortgage Electronic Registration Systems, Inc. (MERS)
- Making Payments to Your Mortgage Servicer
- McDonald v OneWest
- Lis Pendens (fill-able)
- PRO SE HANDBOOK – Northern California
- Ford vs Wells Fargo
- Transportation Traffic Stop Dos and Don’ts
- Report on Fraudulent and Forged Assignment
- What’s In a Qualified Written Request Letter
- Response to Lenders Notice of Default
- 22 Affirmative Defenses
- Initial letter to lender Verification of Proof of Claim Requested
- Second Letter to Lender Request for Admissions
- Motion for More Time
- Ford vs Wells Fargo
- 15 USC § 1635 – Right of rescission as to certain transactions
- Deutsche Bank v. Peabody
- Wells Fargo, Litton Loan v. Farmer
- MERS Is Dead
- BANKRUPTCY PAPERWORK I
- BANKRUPTCY PAPERWORK II
- BANKRUPTCY PAPERWORK III
- BANKRUPTCY PAPERWORK IV
- Bankruptcy Rule 3001. Proof of Claim
- WRIT OF HABEAS CORPUS
- Writ of Attachment
- Unknown Jailer
- Tempering With Government Record
- Unknown Jailer Official Oppression
- Unknown Jailer Kidnapping
- Unknown Jailer Criminal Conspiracy
- TCLEOSE criminal charges notice form E-1 3 15 09
- TCLEOSE 07_complaintform
- Sheriff Official Oppression
- Scope and Content Request (generic)
- Prosecutor Kidnapping
- Prosecutor Criminal Conspiracy
- Prosecuting Attorney Tempering With Government Record
- Prosecuting Attorney Tampering
- Prosecuting Attorney Kidnapping
- Prosecuting Attorney Criminal Conspiracy
- Open Gov request
- Open Gov Req
- Oath of Office
- Motion to Dissmiss Due Course
- Merge Habeas
- Magistration Jail Info
- Magistrate Tempering With Government Record
- Magistrate Official Oppression
- Magistrate Kidnapping
- Magistrate Criminal Conspiracy
- Kelton Scope and Content Request
- Jailers Kidnapping
- Jailer Tempering With Government Record
- Jailer Official Oppression
- Jailer Criminal Conspiracy
- Habeas Corpus (generic)
- Due Process jailers1-26-08
- Disqualify magistrate1-26-08
- Disqualify Magistrate
- Disqualify arresting officer
- Criminal Docket Research Form
- Court of Inquiry Statement
- 7-25-05 kjm CONTACT SHEET
- CERTIFICATE OF SERVICE
- Blank Speedy Trial Motion
- Blank Scope and Content Request
- Blank Rule of Witnesses
- Blank Premptory Challanges
- Blank Non Waiver
- Blank Motion to Disqualify Magistrate
- Blank MOTION IN LIMINE
- Blank Last Known Address
- Blank Kelton Info
- Blank Kelton Complaints.doc
- Blank Kelton 17_30 request.doc
- Blank Jurat (Notary Verification).doc-2
- Blank Judicial Conduct
- Blank Info
- Blank Effective Counsel
- Blank Disqualify Magistrate
- Blank Disqualify Arresting Officer
- Blank Court Recorder
- Blank Court of Inquiry
- Blank Consipracy motion
- Blank Complaint
- Blank Complaint Form
- Blank Complaint (generic)
- Blank Complaint (generic).doc
- Blank Complaint (generic)
- Blank Challenge to Jurisdiction
- Blank Brady Motion.doc
- Blank Brady Motion
- Blank BAIL.DOC
- Blank BAIL
- Blank Alternative Service
- Blank 17_30 request Generic.doc
- Bland demand for indictment in misdemeanor
- Ben-Brahim 2014-3-5 Criminal Complaint Trustee
- Arresting Officerr Criminal Conspiracy
- Arresting Officer Tempering With Government Record
- Arresting officer Kidnapping
- Arresting Offcer Official Oppression Count 2
- Arrest Officer Official Oppression
- Arrest Officer Official Oppression Count 1
- Aggrivated kidnapping by arrest complaint
- 1730 request
- 103ord (alternative service)
If you are in foreclosure or you have lost your home to foreclosure and you want to sue for mortgage fraud or foreclosure fraud, FRAUD STOPPERS PMA can help you save time and money, and increase your odds of success, with a court ready Quiet Title or Wrongful Foreclosure lawsuit package. If you have received a Notice of Default (NOD) or a Foreclosure Notice (Foreclosure Complaint) and you want to know how to respond to the Notice of Default (NOD) or a Foreclosure Notice (Foreclosure Complaint) call FRAUD STOPPERS PMA today because our prove system can help you fight to save your home from foreclosure fraud and/or mortgage fraud. Our court ready Quiet Title Lawsuit Package or Wrongful Foreclosure Lawsuit Packages includes a turnkey complaint (petition for damages), Bloomberg Securitization Audit, Expert Witness Affidavit, Application for Temporary Restraining Order (to stop a foreclosure sale or stop an eviction), Lis Pendens (to cloud the marketability of the title to the real property), and Pro Se education material that can show you how to win a Quiet Title Lawsuit or win a Wrongful Foreclosure Lawsuit. This entire court ready Quiet Title Lawsuit Package or Wrongful Foreclosure Lawsuit Package is only $1495 and can help you save thousands of dollars in legal fees and help you increase your odds of success. For payment options or more information on this court ready Quiet Title Lawsuit Package or Wrongful Foreclosure Lawsuit Package please contact FRAUD STOPPERS PMA today at 844.372.8378 or open a case file for a Free Mortgage Fraud Analysis and Bloomberg Securitization Search to see if your current mortgage loan situation qualifies for a Quiet Title or Wrongful Foreclosure lawsuit here: https://www.fraudstoppers.org/free-mortgage-fraud-analysis/
For information on foreclosure defense call us at 844-372-8378. We offer litigation support, admissible evidence, expert witness testimony, education, training, and support in all 50 states to attorneys and pro se homeowners.
Feel free to connect with us . . .
Address: 332 S Michigan Avenue Suite 1032 #F513 Chicago IL 60604-4434 Phone: 844-372-8378
Legal Information Is Not Legal Advice: This site provides “information” about the law and is only designed to help users safely cope with their own legal needs. But legal information is not the same as legal advice — the application of law to an individual’s specific circumstances. THIS SITE IS NOT INTENDED TO BE MISCONSTRUED AS LEGAL ADVICE. Fraud Stoppers is NOT a law firm, non-profit organization, or government agency. Register for your Free Mortgage Fraud Analysis and Securitization Search, and get Free Foreclosure Defense Help and Free Foreclosure Defense Documents that you can use to stop a foreclosure and save your house.