If you want to stop a foreclosure sale, sue for mortgage fraud, quiet title, or wrongful foreclosure, file bankruptcy to stop a foreclosure sale using a little known bankruptcy secret to become mortgage free and walk away with a free house, you need several things to be successful and FRAUD STOPPERS can provide you (and your lawyer) with everything you need to win. Join FRAUD STOPPERS PMA today and get access to court ready legal documents, trial ready evidence including expert witness affidavits and expert witness testimony, Bloomberg securitization audits, mortgage fraud audits, robo-signing audits, student loan audits, car loan audits, credit card audits, chain of title investigations, legal education, training, pro se paralegal support, attorney network, trained mediators, credit repair, litigation funding, and much more! Join FRAUD STOPPERS PMA now and get the facts and evidence you need to get the legal remedy you deserve.

 

Foreclosure Daily News Update ⋅ December 16, 2021

 

November foreclosures drop 5 percent | News | The Title Report

The Title Report

There were a total of 19,479 properties with foreclosure filings in November, according to an ATTOM report. November foreclosures were down 5 …

Marion county florida foreclosures – daupm.es

Full Coverage

     

D.C.’s Union Station Faces Foreclosure on $330 Million Mortgage – Bloomberg

Bloomberg.com

The operator of Washington, D.C.’s Union Station faces a foreclosure sale in January, according to a filing Wednesday by the trustee of the …

D.C.’s Union Station Faces Foreclosure on $330 Million Mortgage – BNN – BNN

Full Coverage

     

No Pre-Foreclosure Notice to Borrower’s Estate | New York Law Journal

Law.com

In his Foreclosure Litigation column Bruce Bergman discusses the recent decision in ‘HSBC Bank USA N.A. v. Shah’ where the defendant argued that …

Commercial Guarantors Not Protected from Deficiency Judgments Following Nonjudicial … – Westlaw – Westlaw

Foreclosure Notice – Southwest Community Publishing – Southwest Regional Publishing – Southwest Regional Publishing

Washington – Your Loan Servicing Center – Your Loan Servicing Center

Full Coverage

     

Flint City Council considers taking over foreclosed properties from Genesee County Land Bank

MLive.com

Flint City Council members are talking about taking over properties lost to tax foreclosure and disposing of them without the help of the Genesee …

     

D.C.’s Union Station Faces Foreclosure on $330 Million Mortgage – BNN Bloomberg

BNN

The foreclosure sale is scheduled for Jan. 6, according to information compiled by the mortgage’s trustee. ©2021 Bloomberg L.P.. Top Stories.

NAR’s Short Sales and Foreclosure Resource (SFR) Certification – Facebook – Facebook

Foreclosure Success for Real Estate Investors by Jay Conner – UdemyKing Free Courses – UdemyKing Free Courses

Full Coverage

     

Notice of Foreclosure | Northwest Alabamian

Northwest Alabamian

FORECLOSURE. Default having been made in the payment of the indebtedness secured by that certain mortgage dated March 25, 2015, executed by Wanda …

     

D.C.’s Union Station Faces Foreclosure on $330 Million Mortgage – Bloomberg Quint

Bloomberg Quint

(Bloomberg) — The operator of Washington, D.C.’s Union Station faces a foreclosure sale in January, according to a filing Wednesday by the …

     

D.C.’s Union Station Faces Foreclosure on $330 Million Mortgage – BNN Bloomberg

BNN

D.C.’s Union Station Faces Foreclosure on $330 Million Mortgage · Powell’s Response to Long-Bond Conundrum: Don’t Worry About It.

     

Warren residents asked to waive foreclosure for 23rd year on waste site – Village Soup

Village Soup

Residents have agreed each since 1999 to waive foreclosure on the 70-acre parcel on Route 90 because of concerns about the potential environmental …

     

MORTGAGE FORECLOSURE SALE | Public Notices | therandolphleader.com

Randolph Leader

MORTGAGE FORECLOSURE SALE. Default having been made in the payment of the indebtedness secured by that certain mortgage executed by William Pol, …

Foreclosure Notice – Southwest Community Publishing – Southwest Regional Publishing

HAGERICK LN FL 34288 – Sarasota County Foreclosure Auctions – Sarasota County Foreclosure Auctions

Indiana Code § 32-29-7-14. Applicability – Justia Law – Justia Law

Full Coverage

     

Mortgagee’s Notice of Foreclosure Sale of Real Property | Legals | timesargus.com

Times Argus

STATE OF VERMONT VERMONT SUPERIOR COURT WASHINGTON UNIT, DOCKET NO: 98-2-18 WNCV CIVIL DIVISION SELECT PORTFOLIO SERVICING, INC. v.

UCC Foreclosure Sale Held During December Holiday Season Not Commercially Unreasonable – Schlam Stone & Dolan LLP

Full Coverage

     

This Is the City With the Most Foreclosures – 24/7 Wall St.

24/7 Wall St.

High real estate prices often mean lower foreclosure rates. People tend to have more home equity, which means loan trouble is less likely.

     

Redfin: Number of affordable homes on market rises as mortgage forbearance programs end

The Washington Post

Instead of needing to turn their homes over to their lender in a foreclosure or short sale, homeowners who are struggling to make their payments …

     

Inside the ACE Family’s New Mansion Following Their Foreclosure

Insider

On December 10, Austin and Catherine McBroom from the ACE Family revealed their luxury mansion after their previous LA home was foreclosed on.

     

Augusta man convicted of multi-million-dollar scheme to defraud a mortgage lender | USAO …

Department of Justice

… and then filed for bankruptcy protection when facing foreclosure. … under Chapter 11 in an attempt to avoid foreclosure by the lender.

Fort Lauderdale, FL Foreclosure Defense Attorney – Botsford Legal Logo – Botsford Legal Logo

Full Coverage

     

Saskatoon woman fights for belongings after home sold in foreclosure | CTV News

CTV News Saskatoon

Thoreson says her bank foreclosed on her home in 2018 when she was unable to pay her mortgage. Because of health issues including severe arthritis, …

     

Elkton woman gets 90 days in ‘foreclosure‘ burglary case | Local News | cecildaily.com

Cecil Whig

… who maintained that she was taking property from an Elkton-area home in March as part of a foreclosure — when the actual homeowner and a Cecil.

     

Lancaster court to offer consumer debt resolution program in January | Local News – LancasterOnline

LancasterOnline

She noted that in 2019 there were 524 foreclosure cases here. Another goal of the new credit card program is to reduce the burden on the court system.

     

ACE Family show off new mansion after previous home’s foreclosure – Dankanator

Dankanator

After the foreclosure drama of their previous house, ACE Family have moved into their new house and gave us an exclusive tour.

     

Foreclosed property tracts being sought by developer | News | thesylvaherald.com

The Sylva Herald

By Beth Lawrence. Several tracts of tax foreclosed land belonging to a once-embattled group of subdivisions are being bid upon by another …

     

US delinquency rate nears pre-pandemic level | Mortgage Professional America

Mortgage Professional America

The foreclosure inventory rate also remained at its lowest level since 1999, down from 0.3% to 0.2% year over year.

     

Bankruptcy Matters: The New Pandemic Wave is Coming | JAMS – JDSupra

JD Supra

“But most people seem to think that the foreclosure moratoriums will start to expire. And when that happens, foreclosures will increase, followed by …

     

Program to help struggling homeowners apply for emergency grant funding – Times Union

Times Union

The Troy Rehabilitation and Improvement Program (TRIP) is helping homeowners worried about losing their homes to foreclosure or tax delinquency …

     

Augusta man convicted of multi-million-dollar scheme to defraud a mortgage lender | WJBF

WJBF

… he borrowed nearly $3 million to refinance an Augusta apartment complex, and then filed for bankruptcy protection when facing foreclosure.

     

The Year in Commercial Real Estate – 2021 Popular Reads on JD Supra | Beacon Insights …

JD Supra

… New York State Passes Legislation To Extend Eviction And Foreclosure Relief For Small Business Commercial Properties – by Maria Castiglie, …

     

Public Notices December 16, 2021 – mlstargazette.com

mlstargazette.com

FORECLOSURE SALE. THE RIGHT TO VERIFICATION OF THE DEBT AND IDENTITY OF THE ORIGINAL CREDITOR WITHIN THE TIME PROVIDED BY LAW IS NOT AFFECTED BY …

     

New Haven developers top bidders in auction of Meriden buildings – Record-Journal

Record-Journal

The court-approved bankruptcy sale was facilitated to forego a foreclosure action the city filed against property owner CBD Colony St. LLC for …

     

Disabled woman facing eviction after questionable house sale – Lansing City Pulse

Lansing City Pulse

The Lansing Township home was on the tax foreclosure list, and Kathy sold it for significantly under the property’s value. Beals and Hardin argued …

     

Cove Bowling Lanes in Great Barrington sells at auction. Its future is unclear – The Berkshire Eagle

The Berkshire Eagle

The iconic Cove Bowling Lanes was sold at foreclosure auction Wednesday for just under $1 million to developer Craig Barnum, of Egremont.

     

Topeka’s West Ridge Mall sells for $6 million at auction, buyer not disclosed

The Topeka Capital-Journal

The starting bid was $1 million. Wells Fargo Bank has owned the mall since buying it at a foreclosure auction nearly two years ago.

     

Augusta man convicted of multimillion-dollar scheme to defraud mortgage lender – WFXG

WFXG

… and then filed for bankruptcy protection when facing foreclosure. … 11 in an attempt to avoid foreclosure by the lender, said officials.

     

Real estate boomed in 2021, but these NYC buyers lost big – New York Post

New York Post

Last year, the financial collapse of its developer, HFZ Capital Group, halted construction on the XI. It went into foreclosure, washing away tens of …

     

Moody’s assigns definitive ratings to STAR 2021-SFR2 Trust – Yahoo Finance

Yahoo Finance

The foreclosure timeline will depend on whether the trust forecloses on … the trust pursues the longer and costlier mortgage foreclosure route; …

     

Augusta man convicted in multi-million-dollar mortgage fraud – WRDW

WRDW

… borrowing nearly $3 million to refinance a downtown Augusta apartment complex before he sought bankruptcy protection when facing foreclosure.

     

Law Digest — Court of Special Appeals — Dec. 16, 2021 | Maryland Daily Record

Maryland Daily Record

foreclosure sale, but an immediate appeal is not allowed where a circuit court order vacates an unenrolled order ratifying a foreclosure sale.

     

The South Bay’s historic Burbank Theater has sold at auction for $1.6M – The Business Journals

The Business Journals

The financial institution acquired the 14,112-square-foot former cinema building in foreclosure in 2019. Located at 552 and 560 S. Bascom Ave, …

     

New Data from LegalShield Predicts Rising Financial Stress for Gen Z and Millennials

Yahoo Finance

The LegalShield Foreclosure Index edged down in November and remains historically low. While foreclosure activity has increased since the …

     

Why Activists Are Pushing NYC to End Its Tax Lien Sale – Next City

Next City

Foreclosure sign. Activists say that New York City’s tax lien sale leads to foreclosures in Black and brown neighborhoods.

How Long before I file my foreclosure on a mechanics lein | Levelset – Levelset

Full Coverage

     

Former Walnut Hills Kroger, Alexandra building get key piece of financing for redevelopment …

The Business Journals

Model, the city of Cincinnati, the Walnut Hills Redevelopment Foundation and others successfully won a foreclosure case earlier this year to …

     

Report: People late on mortgage nearing pre-COVID levels in Sarasota metro

Sarasota Herald-Tribune

Record equity wealth helped borrowers who got into trouble stave off foreclosure, a CoreLogic spokeswoman said in an email.

     

Fitch Assigns Pavillion Mortgages 2021-1 PLC Expected Ratings

Fitch Ratings

Fitch considers that FTBs are more likely to suffer foreclosure than other borrowers and has considered their concentration in this pool analytically …

     

Amsterdam, Land Bank partner with hopes to rehab 10 blighted homes – The Daily Gazette

The Daily Gazette

A total of 10 city-owned properties previously obtained through tax foreclosure will ultimately be included in the program application.

     

Get to know the best benefits of working with I Will Buy House | PRUnderground

PR Underground

Based in Lynwood, Washington, I Will Buy House is a home buying company that helps homeowners through difficult situations such as foreclosure, …

     

Help For Homeowners Is Here! Home HeadQuarters: Applications for Assistance through …

Urban CNY

… available to all qualified New Yorkers impacted by COVID who are at risk of losing their homes because of foreclosure or tax delinquency. Hom.

     

Augusta GA federal jury convicts apartment owner of fraud

The Augusta Chronicle

… equity in the property, then cheating him out of the property by filing foreclosure before he was required to begin making payments.

     

Georgia Supreme Court deals blow against property owners booting vehicles – YouTube

YouTube

Foreclosure fees has local judge steaming mad. ABC Action News. ABC Action News. •. 3.4M views 11 years ago · Trial in the death of Ahmaud Arbery …

     

Trees To Be Cut Down + New Restaurant Nearby | Port Washington, WI Patch

Patch

Southridge Mall moves closer to foreclosure its owners reached an agreement with its lender. A signature from a judge would send the property to a …

     

House Democrat calls for Congress to pass another Covid relief package – KTEN

KTEN

… the reinstatement of an eviction moratorium and foreclosure moratorium, and renewed funding in education among other provisions.

     

Disabled woman facing eviction after questionable house sale – Lansing City Pulse

Lansing City Pulse

The Lansing Township home was on the tax foreclosure list, and Kathy sold it for significantly under the property’s value.

     

The Docket: Real estate lawsuit roundup for 12.16.21 – BusinessDen

BusinessDen

Plaintiff says it is owed $81,865, and seeks foreclosure of the lien and the sale of the property. Attorneys: Jerome R. Geraghty of Geraghty Law …

     
WEB

Indiana Code § 32-30-10.5-6. “Mortgage Foreclosure Counselor” – Justia Law

Justia Law

Causes of Action Concerning Real Property Chapter 10.5. Foreclosure Prevention Agreements for Residential Mortgages 32-30-10.5-6. “Mortgage …

     

List Filters – Collin County Foreclosure Notices

Collin County Foreclosure Notices

Foreclosure Notices. Foreclosure Notices. Show/Hide Filter. List Filters. Sale Date … Foreclosure List. 412 Creekside Dr Murphy, TX 75094.

     

Collin County Foreclosure Notices

Collin County Foreclosure Notices

Foreclosure Notices. Foreclosure Notices. Show/Hide Filter. List Filters. Sale Date. 2/1/2022 (1) [X]. City. Unincorporated Area (1) [X].

     

mortgage foreclosure – Search | PALawHELP.org – Your Online Guide to Legal Information …

PALawHELP.org

We work on many legal issues including eviction, mortgage foreclosure, criminal record expungements, Medicaid, Food Stamps, and other public …

     

Global Channel Management, Inc. hiring Default Foreclosure Specialist in Jacksonville … – LinkedIn

LinkedIn

Posted 11:28:43 AM. Default Foreclosure Specialist needs One (1) year of default servicing experience and three (3)…See this and similar jobs on …

     

State of Vermont Mortgagees Notice of Foreclosure Sale of Real Property Under 12 VSA …

Vermont Community Newspaper Group

State of Vermont Mortgagees Notice of Foreclosure Sale of Real Property Under 12 VSA Sec 4952 Et Seq Docket No 70 7 2…

     

94th Congress (1975-1976): Foreclosure Forbearance Standards Act

Congress.gov

Summary of H.R.15749 – 94th Congress (1975-1976): Foreclosure Forbearance Standards Act.

     

Ep. 871 – Pre Foreclosure Listing: What You MUST Know – Audacy

Audacy

Ep. 871 – Pre Foreclosure Listing: What You MUST Know. November 26, 2021. 12 min. Download · See all episodes. CATEGORY: Business.

     

central bank lake of the ozarks foreclosures

Ministère des Affaires Foncières, du Développement de l’Habitat et de l’Urbanisme

Foreclosure; Featured Properties. Information on: Lake Ozark foreclosed homes, HUD homes, VA repo homes, pre foreclosures, single and multi-family …

     

mortgage – Search | PALawHELP.org – Your Online Guide to Legal Information and Legal …

PALawHELP.org

Mortgage Foreclosure. General advice from the Erie County Bar Association on how to deal with a mortgage foreclosure. Content Detail.

     

Foreclosure Specialist III Job Opening in Middleton, WI at LoanCare | Salary.com

Salary.com

Apply for the Job in Foreclosure Specialist III at Middleton, WI. View the job description, responsibilities and qualifications for this position.

     

CAM Group Leader II-Foreclosure– Remote Work Available – LinkedIn

LinkedIn

CAM Group Leader II-Foreclosure– Remote Work Available. M&T Bank Getzville, NY. Just now Be among the first 25 applicants.

     

1837-Monroe Conn. Land Foreclosure of Philip Nichols Estate by Levi Edwards – Pinterest

Pinterest

A few pin holes but not affecting text. Clear handwriting in period hand. An original.” Foreclosure 1837: $55.00 Country/Region of…

     

Kelly C. Lotz – Case Manager | Law Offices of Jason W. Estavillo – (510) 982-3001

Law Offices of Jason Estavillo

We have 50 years of combined experience in Real Estate and Foreclosure law. We offer a big firm experience at a small firm price. READ MORE …

     

Have questions about the impending MLB foreclosure? We have answers – Lyon Hockey Club

Lyon Hockey Club

Have questions about the impending MLB foreclosure? We have answers. By David Myers. November 26, 2021. 0. 0. Share: Major League Baseball appears …

     

 

 

 

 

FRAUD STOPPERS Daily News Update ⋅ December 16, 2021

 

Vaccine fraud charges, Kippa-Ring – Queensland Police News

Queensland Police News

The women were charged with one count each of attempted fraud and fraud and were both … Report crime information anonymously via Crime Stoppers.

     

First person charged by Strike Force Sainsbery after alleged $530000 grant fraud detected

Latest News – NSW Police Public Site – NSW Government

Further, the strike force is investigating fraudulent applications to all … Crime Stoppers: 1800 333 000 or https://nsw.crimestoppers.com.au.

     

Four more charged in $35M COVID-19 relief fraud scheme | Woodlands Online

Woodlands Online

The superseding indictment alleges that over 1,100 fake paychecks totaling more than $3 million in fraudulent PPP loan proceeds were cashed at Almeda.

     

December 15, 2021 – Media Release – Winnipeg Police Service

City of Winnipeg

Anyone with information regarding this vehicle or its owner is asked to call the Major Crimes Unit at 204-986-6219 or Crime Stoppers at …

     

Greater Victoria Crime Stoppers wanted list for the week of Dec. 14 – Saanich News

Saanich News

Justin Neal Jay is wanted for fraud under $5,000. Jay is described as a 54-year-old male, 5’5”, 200 pounds, with black hair and brown eyes. Anyone …

     

 

 

Affiliate Marketing for Legal Daily News update ⋅ December 16, 2021

 

How Johnson & Johnson Split Could Affect Lawsuits | The Legal Examiner

The Legal Examiner

That suit, filed by the state of Oklahoma, alleged J&J used black hat marketing techniques to downplay the risks of addiction to its drugs.

     

 

Who Owns Your Mortgage Note?

Have you ever asked who owns your mortgage note? A better question to ask is, “If I paid off my mortgage loan tomorrow, would I get clear and equitable title to my real property?” If your mortgage loan contract was converted into a mortgage backed security and sold to an investment trust on Wall Street you might not!

If you are thinking of applying for a loan modification, or refinancing through the Home Affordable Refinance Program (HARP), Home Affordable Modification Program (HAMP), or other program(s) under the Making Home Affordable (MHA) initiative there are a few things to consider.

First, remember that the entity who claims to own your mortgage loan is not automatically the same entity that may be servicing your mortgage loan. A loan servicer is a debt collections company that sends you mortgage statements, takes your payments each month, and if you have an escrow account, pays your homeowner’s insurance and property tax bills. But who really owns your mortgage loan?

If you want to find out here are a few things you can do:

  • Ask the servicer. Your loan servicer is legally obligated to tell you the name, address, and telephone number of the owner of your loan as shown in their records. It’s a good idea to ask them in writing officially with a “Qualified Written Request” via certified mail while keeping a log of your communications. The name of your servicer should be on your mortgage statement, but you can also use the MERS link below.
  • Original lender. Your loan may have never been sold, and still kept as a “portfolio loan” with the original lender. That’s the way loans used to be done!
  • Fannie Mae. In reality, many loans are sold to FNMA aka “Fannie Mae”. See Fannie Mae loan lookup tool.
  • Freddie Mac. Similar story with Federal Home Loan Mortgage Corporation (FHLMC) aka “Freddie Mac”. See Freddie Mac loan lookup tool.
  • Mortgage Electronic Registration Systems, Inc. (MERS) is a big online registry designed to replace the costly process of publicly recording mortgage ownership at the local government level with a private electronic version that allows the swapping of mortgages with no friction at all. MERS tracks both the servicing rights and ownership of mortgage loans in the United States, although the accuracy has been called into question. See MERS ServiceID lookup tool. You can also call them at 888-679-6377 FREE.
  • Search the Securities and Exchange Commission (SEC) for the alleged trust that claims they are the owner of your mortgage loan: https://www.fraudstoppers.org/how-to-search-the-sec-for-a-securitized-trust
  • Register for a Free Mortgage Fraud Analysis and Securitization Search. Complete our Mortgage Fraud Analysis form and we will conduct a free securitization check to see if your mortgage loan contract was converted into a mortgage backed security and who really owns your note. If your loan was securitized than you may have legal standing to sue your lender, or current loan servicer, for mortgage fraud and quiet title. Find out more by completing our Mortgage Fraud Analysis form or call us at 773-877-3655 and we will help you get the facts and evidence you need to get the legal remedy you deserve.

Cases like the Glaski v. Bank of America and Jesinoski v. Countrywide Home Loans may have provided hope for homeowners who were victims of mortgage and foreclosure fraud. But they did not strike at the heart of the real problem behind the securitization of millions of mortgage loans.

The Glaski decision states that if some entity wants to collect on a debt they must first legally own that debt. Furthermore, if that entity is claiming ownership by way of an Assignment, it must prove that Assignment is legally valid.

The Jesinoski case addressed a borrower’s right to rescind, or cancel, their mortgage loan contract under the Truth in Lending Act (TILA) by only providing written notice to the lender, without filing suit. A loan is rescinded at the time the rescission letter is mailed. If the lender wants to refute or fight the rescission they must file an action to do so, and they have limited time to do so.

If your mortgage was securitized (the practice of pooling mortgages and selling their related cash flows to third party investors as securities) then it was part of a table funded transaction. In a table funded transaction the borrower named on the note is NOT in debt to the lender (“Pretender Lender”) because they signed the note in the capacity of an Accommodation Party, or co-signer for the purpose of incurring liability on the instrument without being a direct beneficiary of the value given for the instrument!

The broker, or originator, of the loan is pretending to loan money to the alleged “Borrower“, but in reality they trick the alleged “Borrower” into co-signing on a note that is pledged as collateral on a warehouse line of credit with the funding bank.

It is illegal for banks to loan credit, they can only loan money!

But if the Pretender Lender is not the entity putting up the funds, then there is no underlining indebtedness between the alleged “Borrower” and the originator who is named on the note. And if there is no underlining indebtedness between the parties named on the note, then the mortgage (or deed of trust) vaporizes into nothingness, and is legally unenforceable as a matter of law.

If your mortgage loan contract was part of a table funded transaction and converted into a mortgage backed security that was sold to an investment vehicle, or trust, on Wall Street, then you may have legal standing to rescind your mortgage loan contract, and sue your “Pretender Lender” for Special Damages equal to triple the original amount of your note, plus clear and equitable title to your home!

Fraud Stoppers is part of a National Private Members Association that provides back office litigation support to law firms, foreclosure defense advocacy groups, and pro se litigants nationwide. Our Private Members Association can help you sue your lender for mortgage fraud, with or without an attorney.

Then after our free mortgage fraud analysis is done, we can scheduled a free potential cause of action consultation to discuss your loan and lawsuit in detail and help you get started filing your state and federal lawsuit for the remedy that the law entitles you to, and that you deserve!

You can save 60% to 70% in legal fees when you get your lawsuit started yourself, Pro Se, (without an attorney), and then bring in a local attorney to help you at trial, where you need them the most! This way you can get the best of both worlds: Save money in legal fees, and get the professional help you need at the same time!

FRAUD STOPPERS Private Members Association (PMA) has a PROVEN WAY to help you save time and money, and increase your odds of success, suing the banks for mortgage and foreclosure fraud.

Our primary focus is helping you get clear and marketable title to your property by arguing that the actions of the banks have made the security provisions of the mortgage/deed of trust unenforceable as a matter of law.

Who Has The Burden of Proof in a Foreclosure Case?

Who Has Legal Standing to Foreclose?

Who has legal standing to foreclose? Only the mortgagee has standing to foreclose. Look, if you are planning to sue someone and you accuse them of some wrong doing, you better have proof.  The person doing the accusing (the Plaintiff) has the burden of proof. Before you can go to court, you must have some sort of grievance that you are seeking relief on; in other words you must have legal standing.  For example, if you had a contract and the other person broke that contract causing you to suffer as a result of that breach.  This is called a Cause of Action.  In other words, “why are you suing this guy?  What wrong did he do to you?” You must have a valid reason to bring your suit.

There are a number of different causes of action you can accuse the other party of.  For example, breach of contract, fraud, tortious interference, etc. Another very special type of cause of action is called a Quiet Title Action.  These types of “Actions” (an “Action” is just legal jargon for a civil action…or a civil suit) are done when there is a cloud of title issue that needs to be resolved.  As a title owner, you have an obligation to defend your title against encroachments.  For example, if I started to build a fence three feet into your land and you say nothing… then five years later, I sell my land, and change the legal description to include that extra three feet…and you say nothing, then that extra three feet is mine.

Let’s discuss the Deed of Trust and Mortgage to see how this all fits in.

The Deed of Trust or Mortgage:

The Deed of Trust is a special Trust that is created specifically so that you (the landlord) temporarily grant your title in trust to the new Trust to secure against the promissory note.  When you create a Trust, you appoint a Trustee.  You also give that Trustee the power to sell your property in the event of a default of the promissory note.  This is the vehicle and mechanism your “lender” uses to foreclose and sell your house.  The same goes with a Mortgage in a Judicial State, except there is no need for a Trustee.

In the event that there is a problem with the promissory note or deed of trust, then there is an issue called “cloud of title”.  When a title is clouded, you will have a problem selling your house.  Let me give you an example.

Let’s say the County places an imminent domain claim on a strip of land on your property to lay down some pipes.  They then record this on your county records.  But because of budget cuts, they decided not to lay the pipes, but forgot to give you your land back.  2 years later, you are trying to sell your house.  It will be stopped because you are selling part of a land you don’t own (i.e. the strip for the un-laid pipes).  In order to un-cloud the title, you will need to seek a Quiet Title Action.

As we discussed, your promissory note has been permanently converted into a stock.  It has also been fully discharged.  The language on your Deed of Trust says “This Deed of Trust secures a promissory note”, and if the promissory note is destroyed through permanent conversion, then the Deed of Trust secures nothing.  This is just like the situation with the strip of land with the un-laid pipes.  It’s lost property.  It’s unclaimed land.  As the Title owner, you have an obligation to defend your land and title.

This is why we need to do a Quiet Title Action to reclaim our land to resolve the controversy.  In a Quiet Title Action, you basically issue a challenge to all parties wishing to lay a claim on our property to come forth and provide the proof of their claim(s).

However, remember the rule of court is the Plaintiff has the burden of proof.  In the following parts, we will go into uncovering proof. If you haven’t done so, we recommend that you purchase a chain of title & securitization analysis because once you have real evidence that your mortgage contains fraud, legal violations, and or has been securitized you will have a much better chance at beating your foreclosure and saving your house.

 

Federal Rules of Evidence:

You can sue your lender in federal court and/or state court (this is called circuit court).  Typically, the State Rules of Civil Procedure and State Rules of Evidence will govern state courts.  However, since we don’t know which State you are in, and for the most part, these rules are pretty similar, we’re going to talk about the Federal Rules of Evidence governing the admissibility of photocopies. Specifically, we want to talk about Rule 1002 and Rule 1003.  Please click on these and read up on them. These should be similar with your State Rules of Evidence.  You should consult your own State’s Rules of Evidence to confirm.

Basically, what will happen is your “lender” will bring to court photocopies of the Deed of Trust and Promissory Note to claim their rights as proof of claim in your Quiet Title Action.

These are admissible, unless you learn to object!

The rules of evidence are simple.  A photocopy is admissible unless it is unfair to admit the photocopy in lieu of the original.  What you need to know is, under Uniform Commercial Code, your promissory note is a one of a kind negotiable instrument, just like a check. You cannot go down to a bank and cash a photocopy of a check.  It has to be the real thing.  Your promissory note contains the only legally binding chain of title.  A photocopy made years ago does not contain the chain of title.

Basically, the argument is “sure, I signed a loan with you then, but we know you sold it.  Can you prove that you still own it?”

Opposing Counsel will say, “But Your Honor, the plaintiff has the burden of proof.  They are alleging that we sold the note.  Where’s the proof?”

And that’s where most Pro Se Litigants get stuck!

If you do not have the proof (evidence) when you file your civil action, your case will be tossed out, and classified as “failure to state a claim”.

What typically happens when you file an action is opposing counsel (the dirty rotten lawyer working for the bank) will file a Motion to Dismiss. They ALWAYS DO IT; so expect it. In order to survive the Motion to Dismiss, you must have sufficient proof.

If you haven’t already purchased your copy of Jurisdictionary, do it now because you have no chance of winning your case if you don’t know the rules of the game. This is a mandatory resource if you’re serious about defeating your foreclosure and saving your house.  I cannot stress how much you need this product!

Evidence of Movement:

The first and simplest evidence we can bring to court is called Evidence of Movement. In an Evidence of Movement situation, you closed with Bank A (let’s say Stearns Lending), who sells it to Countrywide (Bank B), who then got acquired by Bank of America (Bank C) ….who then securitizes the note into New York Mellons Bank Trust Series 12345.

So, the Deed of Trust names Bank A as the Beneficiary.  But Bank C wants to foreclose.  Bank C comes to the court with a Deed of Trust pointing at Bank A (Stearns Lending).  Where is the Chain of Title on the Promissory Note that gives Bank C (BofA) the Right to enforce the note?

If you have a situation like this, you might not need to get a securitization audit, although getting one may make your case stronger and more likely to succeed.

Often times, Bank C would come to the Court claiming “Your Honor, we have reacquired the note and now have the right to foreclose.”  If you encounter this situation, you must learn to object.

1)   Show me the perfected chain of title.  If you have sold it, then you lost your right to enforce.U.S. Code Title 12: Banks and Banking PART 226—TRUTH IN LENDING (REGULATION Z), a servicer does not have the rights of a lender if it has acquired the note for the purposes of administration.

2)   Please stipulate for the record whether the note is part of a pooling and servicing agreement.  Please stipulate whether the note has been securitized. Please stipulate who “New Your Big Bad Bankers Trust Series 12323 (of course yours will be different)” is, are they a REMIC?

3)   If the loan has been securitized, did you reacquire the note as an unsecured debt in the secondary securities market?  Are you acting in the capacity of a debt collector as governed under 15 U.S.C. §1692?

Remember, this is fraud at its greatest.  Only the top echelon bankers know this scam.  Even their Counsel does not know the scam that is being perpetrated here.  He is just taking his client’s word at face value.  He is hearing “we bought the note back” and accepts that the bank now has the right to foreclose.  They don’t.  Most homeowners who are confronted with this situation don’t know the scam either and run out of juice.

Do you see how we structure our arguments here?  It was never “Show me the note”.  We are attacking them on the “show me standing” and “show me that you are the real and beneficial party of interest who has the right to enforce the note”.

 

What is MERS?

MERS is Mortgage Electronic Registration Systems it was created by banks in order to “streamline” the warehousing of loans and mortgage documents. Basically MERS is a front organization that was created to defraud homeowners and government agencies. It pretends to hold your note, but in fact holds nothing. Banks set up MERS in the 1990s to help speed the process of packaging loans into mortgage-backed bonds by easing the process of transferring mortgages from one party to another. But ever since the housing crash, MERS has been besieged by litigation from state attorneys general, local government officials and homeowners who have challenged the company’s authority to pursue foreclosure actions. Recently there have been many court decisions delivering death blows to MERS and their 70,000,000+ mortgages they claim to hold.

For example in MERS Is Dead: Can Be Sued For Fraud: WA Supreme Court we learn that the Washington State Supreme Court dealt a death blow to MERS: “The highest court in the state of Washington recently ruled that a company that has foreclosed on millions of mortgages nationwide can be sued for fraud, a decision that could cause a new round of trouble for the nation’s banks.

The ruling is one of the first to allow consumers to seek damages from Mortgage Electronic Registration Systems, a company set up by the nation’s major banks, if they can prove they were harmed.

Legal experts said last month’s decision from the Washington Supreme Court could become a precedent for courts in other states. The case also endorsed the view of other state courts that MERS does not have the legal authority to foreclose on a home.

“This is a body blow,” said consumer law attorney Ira Rheingold. “Ultimately the MERS business model cannot work and should not work and needs to be changed.”

A spokeswoman for MERS said the company is confident its role in the financial system will withstand legal challenges. The Washington Supreme Court held that MERS’ business practices had the “capacity to deceive” a substantial portion of the public because MERS claimed it was the beneficiary of the mortgage when it was not.

This finding means that in actions where a bank used MERS to foreclose, the consumer can sue it for fraud. If the foreclosure can be challenged, MERS’ involvement would make repossession more complicated.

On top of that, virtually any foreclosed homeowner in the state in the past 15 years who feels they have been harmed in some way could file a consumer fraud suit.

“This may be the beginning of a trend,” says Elizabeth Renuart, a professor at Albany Law School focusing on consumer credit law. The company’s history dates back to the 1990s, when banks began aggressively bundling home loans into mortgage-backed securities. The banks formed MERS to speed up the handling of all the paperwork associated with recording the filing of a deed and the subsequent inclusion of a mortgage in an entity that issues a mortgage-backed security. MERS allowed the banks to save time and money because it permitted lenders to bypass the process of filing paperwork with the local recorder of deeds every time a mortgage was sold.

Instead, banks put MERS’ name on the deed. And when they bought and sold mortgages, they just recorded the transfer of ownership of the note in the MERS system.

The MERS’ database was supposed to keep track of where those loans went. The company’s motto: “Process loans, not paperwork.”

But the foreclosure crisis revealed major flaws with the MERS database.

The plaintiffs in the Washington case, homeowners Kristin Bain and Kevin Selkowitz, argued that the problems with the MERS database made it difficult, if not impossible; to determine who really owned their loan. It’s an argument that has been raised in numerous other lawsuits challenging the ability of MERS to foreclose on a home.

“It’s going to be very easy for consumers to say they were harmed because it’s inherently misleading,” says Geoff Walsh, an attorney with the National Consumer Law Center. If consumers can’t identify who owns their loan, then they don’t know whom to negotiate with, and can’t even be certain of the legitimacy of the foreclosure.

In a statement, MERS spokeswoman Janis Smith noted that banks stopped using MERS’ name to foreclose last year. She added that the opinion will “create confusion” for homeowners in the state of Washington while the trial courts consider its effect on pending cases.

Meanwhile, MERS is attempting to remake itself. The company has a new chief executive and a new branding campaign. In Washington D.C. federal lawmakers have recognized the need to create a national mortgage-recording database that would track all U.S. mortgages. MERS is lobbying to build it.

The case is Bain (Kristin), et al. v. Mortg. Elec. Registration Sys. et al., Washington Supreme Court, No. 86206-1.” (Reuters).

This information about MERS is very important for you to understand, if you are going to successfully defend your points in court. For a list of some FACTS about MERS check out https://www.fraudstoppers.org/a-few-facts-about-mers and also pay attention to: MERS-and-Citibank-are-not-real-parties-CA.pdf

IF you would like to see if your loan is serviced by MERS, click here: https://www.mers-servicerid.org/sis/.

Or you can also purchase a professional Securitization Audit, a Robo-Signing Check, or a Forensic Audit from Fraud Stoppers.

 

Who is the Investor?

There is a good chance Fannie Mae or Freddie Mac owns your loan.  If you can find your properties here, then you can present this as evidence that your servicer (so called “lender”) is not a real party of interest.  This is critical evidence to bring forth in your civil action.  You must include this as a claim in your suit.

To find out whether Fannie Mae owns your note, please come here.

Freddie Mac’s database is here.

IMPORTANT: DO THIS NOW.  Research whether these guys own your note.  If so, then you have a vital piece of evidence to present to the court.

Carpenter v.  Longan 83 US 271

Why is this so important?  This is a US Supreme Court ruling that says the Deed of Trust is the peripheral, and the Promissory Note is the “Thing”.  Imagine if you will, that the Deed of Trust is the tail, and the Promissory note is the dog.  He who owns the dog controls the tail.  He who controls the tail does not wag the dog.

Your lender will want to come in to lay claim on your title only showing ownership to the Deed of Trust without disclosing who the real and beneficial owner of the promissory note.  This is admissible unless you know to object.  If you quote this law when there is evidence of movement, then this will stop them in their tracks. Basically, it’s the same thing.  ”Show me you have subject matter jurisdiction over this controversy”, “show your proof of claim and title”.  He, who controls and owns the promissory note, controls the Deed of Trust.

 

Getting County Records:

Look, State Civil Code requires that every party of interest in your property must record their interest at County Records.  So, any loan assignments must be recorded.  Any notices must be recorded. To gather your evidence, you should head down to your local county recorder’s office and request for a complete printout of all recorded documents for your property from the date of subject loan.  Go down and talk to your county recorder.  They will usually be able to help you get the “title search dump”.  You don’t need certified copies.  Just the copies are fine, but it is a good idea to get all these documents handy so you can see what’s been recorded against your property.

What you are trying to find is instances where there is evidence of movement…i.e. the loan has been sold or securitized, but there was no corresponding evidence recorded at the County. So the next step is to go to the County Recorder’s Office for the DEED RECORDS and get a copy of every page of each document that is in the deed records of your home, since you got your last loan.

Print the Search Results, with your name as GRANTOR and GRANTEE, and your wife’s name as GRANTOR and GRANTEE, then search the property address, and print the search results.

Take your camera and take a picture of every page starting with the index or the cover page of your deed record file and save each picture by:

Yr-mo-day, YOUR LAST NAME, Name of Doc, Page of Doc:

[Example: 2013-07-04, Last Name, Original Deed of Trust received from ABC Brokers for Countrywide, 17 Pages]

You should end up with copies of your Original Warranty Deed, Deed of Trust (or Mortgage, as it is called in some states).

While looking at the Deed of Trust or Mortgage, click on the button or link for “RELATED DOCUMENTS” and print the search results, then get a copy of any “Assignments of Deed of Trust or Mortgage” and any “Releases of Liens”,” Appointments of Substitute Trustees”, “Trustee Deeds”, and Law Firm Letters, like Default or Acceleration Letters from Attorneys who are hired to collect the debts from you. Get a copy of everything in the file to the present date.

 

Calling a Title Company:

If you don’t want to do it yourself, then you can call a local Title company for a complete title research. A complete title research includes a report of all activities on your title from the date of sale.  They will also print copies of these documents for you.

 

Writing a Foreclosure Timeline:

A timeline is a chronological structure and is frequently the way cases are presented to juries and judges of fact. Visual representations are important and they make it easy to share the details of you case with others. It sometimes becomes the underlying foundation for the flow of all information related to a case. Therefore, it is important that care be given in the creation of visual timelines. Here is a Sample Timeline.

 

The Chain of Title & Securitization Analysis:

For those of you who do not have clear evidence of movement, for example, you closed with Countrywide and the loan got acquired by Bank of America.  Or your loan went through Chase and is now Chase is just a servicer, or GMAC (and GMAC is now servicing), then getting a Securitization Audit might be a way to go. Remember, as the Plaintiff, you have the burden of proof.

It will be like having a photo of a bank robber with a gun aimed at a teller.  It’s them caught with their hands in the cookie jar…and it puts opposing counsel in a position of having to explain to the judge why he should not be sanctioned for bringing fraud before the court. Fraud Stoppers Foreclosure Defense System includes one of the most powerful Chain of Title & Securitization Analysis available today. Banks hate it because it’s preformed by licensed professionals and includes the admissible evidence that you need to save your house from foreclosure. Banks HATE these because it exposes their fraud.

In today’s world of securitized residential mortgages, a Secured Mortgage Loan consists of two parts: (A) the financial obligation (created by the Tangible Promissory Note) which operates in accordance with Federal and State Law, and (B) an enforceable contractual lien instrument (i.e. Tangible Security Instrument, Mortgage, Deed of Trust) intended to provide an alternate method of collection of payment to the Holder of the financial instrument in accordance with State Law. In reviewing the transfer and ownership history of a Secured Mortgage Loan, one must evaluate the negotiation of the financial instrument and consider the laws applicable to the Security Instrument upon said negotiation of the financial instrument.

Our Competent Evidence Package looks at the true sequential ownership of a Securitized Mortgage Loan Security Instrument as evidenced by the documents related to the client’s property filed with the County Recorder’s Office, and compares it to the claims of ownership made by the party attempting to foreclose. The Competent Evidence Package shows what steps SHOULD have been taken in the securitization process in order to become a proper party to enforce the mortgage contract, according to both statutory and case l aw. More importantly, the Competent Evidence Package shows what steps were ACTUALLY taken in the securitization process, and what steps were NOT taken, and the results of these actions/inactions on the Chain of Title as shown by the County Records.

Many times clients and their attorneys lack competent evidence. The term “competent evidence” is used to refer to evidence that is directly relevant and of such nature that it can be admitted into evidence in a court of law. For a client considering going into litigation, a prior assessment of the potential violations surrounding the Chain of Tit le of a Securitized Mortgage Loan is a much-needed tool for determining whether there is a valid basis for proceeding with a legal action.

The goal is to arm one’s self with indisputable evidence so they may clearly and accurately demonstrate that the claims made by the foreclosing party may be inaccurate and/or fraudulent.  In addition to the written Chain of Title Analysis, our Investigators also create a customized infographic/flowchart/schematic to visually represent their findings regarding the path taken by the various parts of the client’s Mortgage Loan and the parties involved in the securitization process. This visual representation is invaluable in making the arguments indisputable and understandable to the clients, attorneys, and judges – A picture is truly worth a thousand words.

Now, let’s continue with a little role playing.

Opposing Counsel:”but Your Honor, the plaintiff has the burden of proof.  They are alleging that we sold the note.  Where’s the proof?”

You:”Your Honor, please see Exhibit C in our evidence as part of our initial complaint.  On Page X, you will find our loan listed as a permanent fixture in an SEC filing for the New York Mellons Bank Trust Series 1232342 REMIC in which this loan has been securitized.”

Judge: “Counsel, what do you have to say to that?”

Opposing Counsel:”I don’t know about this you’re Honor; I was informed by my client that they bought back the loan.”

You:  “Counsel, are you aware of FAS 140?  Under the Financial Accounting Standard 140, it says that once a loan has been sold into a pooling and servicing agreement, the lender forever loses control of the asset.”
“Are you aware that this loan is a permanent fixture of the New York Mellons Bank Trust Series 1232342 REMIC?”
“Where is the Chain of Title that gives your client the right to enforce the promissory note?”
“Are you aware that the promissory note has been discharged in the REMIC as a bad debt and that the individual share holders have received tax credit for this loss?”
“Are you aware that once a debt has been discharged, it loses its ability to collect?”
“Are you aware that your client bought the note as a discharged debt and an unsecured instrument?”

“I motion the court to have Counsel stipulate that you know with firsthand knowledge that the note has not been discharged as a non-performing asset. “If he cannot, then say… “I move the court to sanction opposing counsel for bringing fraud before the court.  Counsel misrepresents the facts in order to deceive the court.”

Keep in mind that the courts are absolutely corrupt and will try to rule against you at every opportunity. Therefore it is vital that you not only learn the rules of the game Jurisdictionary…but you must also learn how to land on them like a ton of bricks when they try to break the law and violate your legal rights!

FRAUD STOPPERS Private Members Association (PMA) has a PROVEN WAY to help you save time and money, and increase your odds of success, suing the banks for mortgage and foreclosure fraud.

Our primary focus is helping you get clear and marketable title to your property by arguing that the actions of the banks have made the security provisions of the mortgage/deed of trust unenforceable as a matter of law.

Take action right now and get the FACTS and EVIDENCE that you need to gain the legal remedy that  you deserve!

Stop Foreclosure, Sue for Breach of Contract 

Now is the perfect time to stand up for your legal rights and sue for beach of contract, mortgage fraud, and foreclosure fraud because the legal tide is beginning to turn, and homeowners are starting to win! In 2016 the California Supreme Court ruled in Yvanova v. New Century Mortgage Corporation (Case No. S218973, Cal. Sup. Ct. February 18, 2016) that homeowners have legal standing to challenge an assignment of the mortgage loan contract in an action for wrongful foreclosure on the grounds that the assignment(s) is/are void. Obviously if the court had ruled differently, the banks would have had carte blanche to forge mortgage assignments with wild abandon. In fact, without a system of endorsements and assignments it would be impossible to determine who has a legitimate interest in the property!

In THE PAPER CHASE: SECURITIZATION, FORECLOSURE, AND THE UNCERTAINTY OF MORTGAGE TITLE ADAM J. LEVITIN writes “the mortgage foreclosure crisis raises legal questions as important as its economic impact. Questions that were straightforward and uncontroversial a generation ago today threaten the stability of a $13 trillion mortgage market: Who has standing to foreclose? If a foreclosure was done improperly, what is the effect? And what is the proper legal method for transferring mortgages? These questions implicate the clarity of title for property nationwide and pose a too- big-to-fail problem for the courts.

The legal confusion stems from the existence of competing systems for establishing title to mortgages and transferring those rights. Historically, mortgage title was established and transferred through the “public demonstration” regimes of UCC Article 3 and land recordation systems. This arrangement worked satisfactorily when mortgages were rarely transferred. Mortgage finance, however, shifted to securitization, which involves repeated bulk transfers of mortgages.

Like many other cases, current trial court decisions are getting reversed because the courts are waking up to the reality of the rule of law. What they have been following is an off the books rule of “anything but a free house.” However a recent Yale Law Review Article eviscerates the assumptions of a free house for the homeowners and destroys the myth that somehow that policy has saved the nation. You can read the Yale Law Review article “In Defense of “Free Houses” for more information on this tide change.

To facilitate securitization, deal architects developed alternative “contracting” regimes for mortgage title: UCC Article 9 and MERS, a private mortgage registry. These new regimes reduced the cost of securitization by dispensing with demonstrative formalities, but at the expense of reduced clarity of title, which raised the costs of mortgage enforcement. This trade-off benefited the securitization industry at the expense of securitization investors because it became apparent only subsequently with the rise in mortgage foreclosures. The harm, however, has not been limited to securitization investors. Clouded mortgage title has significant negative externalities on the economy as a whole.

If your loan contains fraud or it was securitized then your lender may have breached your mortgage loan contract, and therefore your mortgage loan contract could be legally challenged in a court of law. If your mortgage loan contract is declared legally void, then any assignments of the mortgage loan contract, or subsequent assignments, could also be declared legally void.

Securitization is the process of taking an asset and transforming them into a security. A typical example of securitization is a mortgage-backed security (MBS), which is a type of asset-backed security that is secured by a collection of mortgages. Keep in mind that it is perfectly legal for banks to create mortgage-backed securities (MBS’s); however there are significant legal ramifications that will either harm you, or benefit you, depending on what actions you take in response to the fact that your mortgage or deed of trust is legally void resulting in your property, in reality, being unsecured, just like a unsecured credit card debt. What’s in your wallet?

This is why we recommend that you take immediate action and sue for the remedy the law entitles you to, and that you deserve. Treble damages and clear and free title to your home. Not sure if your loan contains mortgage fraud or if it was securitized, no problem, we will do a free mortgage fraud analysis and free Bloomberg securitization search for you.

Many of the programs that had modest success in the early days have fallen into disfavor as banks have enacted strategies to counter their progress. The banks are not going to go down without a serious fight. They have a large arsenal of tools to use, and the legal muscle to keep the industry off balance. This is not a static game. The reason that banks have been successful, for the most part, in protecting the large number of mortgages that were securitized is that there is an intricate web of legal theories that they hide behind to justify what they have done. In effect, they have created a shell game where the ball seems to move around in defiance of the laws of physics.

The banks are relying on a complex interaction between UCC 3 commercial paper law, UCC 9 securitization law, bailment law, agency law and local laws of the jurisdiction where the property is located. They would have us believe that what they have been doing since the 1970’s is perfectly legitimate. Many lawyers who have challenged the banks have gotten close to exposing the scheme only to find that judges retreat away from the complexity of the legal theories involved and fall back on procedural barriers under the auspices of protecting the equitable interests of the banks and their agents.

FRAUD STOPPERS Foreclosure Defense Program has moved the bar forward in many substantial ways:

  • Our Private Administrative process is a targeted approach to Informal Discovery:
  • 3-501. PRESENTMENT or States equivalent
  • Mortgage Error Resolution/Request for Information: If you believe there is an error on your mortgage loan statement or you’d like to request information related to your mortgage loan servicing, you must exercise certain rights under Federal law related to resolving errors and requesting information about your mortgage loan. If you think your credit report, bill or your mortgage loan account contains an error, or if you need more information about your mortgage loan, you send a written letter concerning your error and/or request.
  • Cutting edge mortgage fraud examination and court ready lawsuits and trial ready evidence to win your case
  • Nationwide foreclosure defense attorneys and Pro Se litigation education and support products and services

Subsection of Presentment (example Covenant 8 of UCC3 Note) shows NOTE and under paragraph 1 states: “BORROWER’S PROMISE TO PAY: In return for a loan that I have received, I promise to pay….

MULTI STATE FIXED RATE NOTE–Single Family–Fannie Mae/Freddie Mac UNIFORM INSTRUMENT Form 3200 1/01 (page 1 of 3 pages) Covenant:

  1. WAIVERS

I and any other person who has obligations under this Note waive the rights of Presentment and Notice of Dishonor. “Presentment” means the right to require the Note Holder to demand payment of amounts due. “Notice of Dishonor” means the right to require the Note Holder to give notice to other persons that amounts due have not been paid.

  • 15 U.S. Code § 1692g – Validation of debts

Often a debt collector cannot validate a debt and therefore cannot legally enforce collections.

  • Truth In Lending Act (TILA RESCISSION) codified in 12 CFR Part 226 (Regulation Z); particularly§ 226.34 Prohibited acts and §226.32 sub-paragraph (ii) et seq. predatory lending practices

A mortgage loan covered by the Truth in Lending Act may be rescinded by mailing a Rescission Letter to the purported lender, forcing the purported lender/creditor to oppose that rescission with a lawsuit within 20 days or lose all opposition rights.

  • The primary focus of the legal aspect of our program revolves around taking the theories and best practices that have been most successful around the country and make refinements.

“Here, the specific defect alleged is that the attempted transfers were made after the closing date of the securitized trust holding the pooled mortgages and therefore the transfers were ineffective.

  • Our program seeks to avoid getting mired in the complexity of the various areas of law involved, instead focusing on a simple, focused approach that makes it harder for judges to avoid the strength of our core arguments.
  • The PMA trustees and executive team have a diverse set of skills and significant experience in the core areas that will improve the success factors for our operations.

We have spent an exhaustive amount of time analyzing all of the cases that have been successful in resolving mortgage securitization problems. We have designed our legal information litigation strategy to hit the banks hard and fast where they are most vulnerable.

Our primary focus is on getting clear and marketable title to the property by arguing that the actions of the banks have made the security provisions of the mortgage/deed of trust unenforceable.

Instead of fighting the foreclosure itself head-on, we argue that none of the banks or their agents has the right to enforce the foreclosure provisions of the Mortgage/Deed of Trust. In effect, if none of the banks have standing to enforce the foreclosure provision, we are entitled AS A MATTER OF LAW to a declaratory judgment of Breach of Contract (Security Agreement) that is res judicata, i.e., a permanent ban on foreclosure.

The Stand & Fight Program is a complete program that provides you with everything you need:

  • Administrated Process
  • Court Ready Chain of Title Investigation and Signed Affidavit
  • Complaint along with all exhibits
  • Legal Research
  • Legal Briefs
  • Motions
  • Answers
  • Interrogatories
  • Depositions
  • Case Management for Local Civil Rules of Procedures
  • Training and Support

Take action right now and get the FACTS and HELP that you need to gain the legal remedy that the law entitles you to, and that you deserve!

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For information on foreclosure defense call us at 800-459-1215. We offer litigation support, admissible evidence, expert witness testimony, education, training, and support in all 50 states to attorneys and pro se homeowners.

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