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Be Careful About What You say in “Hardship Letter”
Careful what you say in “Hardship Letter”
Posted by Neil Garfield
Modifications are tricky. They are trickier than you think. First of all the offer is made by a company who has no right to act as “servicer” or to change the terms of your contract. By changing the apparent lender or creditor to the named servicer, the agreement is probably tricking you into accepting a virtual creditor in lieu of a real one.
But the most important trick is that what they are really looking for is a direct or tacit acknowledgement of the status and ownership of the debt. So if you say that this “servicer” did something or that “lender” did that, you are admitting that the company who presents itself as servicer is in fact an authorized entity to administer, collection and enforce your loan.
And if you refer to a “Lender” you are directly or tacitly admitting that a creditor exists and they own the loan and that raises the the almost irrebuttable presumption that the “lender” has suffered financial injury as a direct and proximate result of your “failure” to pay.
Not paying is not a failure to pay, a delinquency or a default if the party demanding payment had no right to do so. So if you admit the default in your “hardship” letter you are putting yourself into the position of defending against compelling arguments that you waived any right to deny the default or the rights of the parties to enforce the debt, note or mortgage.
I recognize that there is the factor of coercion and intimidation in executing a modification (just to stop the threat of foreclosure, regardless of whether it is legal or not). But the question is whether the entire process of modification is a legally recognizable event.
If the offer comes from someone who has no ownership or authority to represent the owner of the underlying obligation then the offer is a legal nullity. But if it is accepted then there is a possibility that the homeowner might be deemed to have waived defenses. Also if the beneficiary of the agreement and the payments made would go to a party who does not own a loan account then the agreement has been procured by misrepresentation or implied misrepresentations.
Proper pursuit of discovery demands will most often result in an offer of settlement and modification that is simply too good to refuse. The reason is that your opposition has no answers to your question that would not constitute an admission of civil or even criminal liability.
FREE PROFESSIONAL HARDSHIP LETTER
FRAUD STOPPERS PMA can create a professional hardship letter for you, for FREE! All you have to do is register for a free mortgage fraud analysis and consultation call to determine if you have legal standing to sue your lender for fraud, and you will get instant access to our sophisticated CRM system that can auto-generate important legal documents for you, including your Hardship Letter and Loan Modification Documents.
Take Action Now while you still have the opportunity to save your piece of the American Dream and make the Banks Pay You to Go Away!
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Foreclosure Rescue Scam Alert
The following information and viewpoint is a personal opinion and deeply held religious belief of the author; and is shared with the sole intent to help homeowners & borrowers who may be facing foreclosure or who are currently experiencing financial hardship or difficulty with a mortgage avoid foreclosure traps, pitfalls, and swindles.
Avoid Storm (Norman) Bradford of the Mortgage Fraud Examiners At All Cost
Leading industry sources report that Storm (Norman) Bradford of the Mortgage Fraud Examiners and other get rich quick scam websites has been discovered to be the biggest conman and scam artist scamming innocent homeowners by selling a worthless appraisal fraud audit, for as much as $7500, that cannot be used in a court of law. Sources say that Storm (Norman) Bradford of the Mortgage Fraud Examiners is a known charlatan scam Storm (Norman) Bradford of the Mortgage Fraud Examiners and that he has been caught red handed pretending to be a lawyer.
Storm Bradford has spread lies and rumors about FRAUD STOPPERS stating that FRAUD STOPPERS is scamming homeowners with lies and disinformation, and this is the reason FRAUD STOPPERS is forced to respond to this known scammer and his smear campaign.
Storm (Norman) Bradford of the Mortgage Fraud Examiners has been reported to the Rip-off Report and to the Virginia Bar Association and the Virginia Attorney Generals office for perpetrating this ongoing fraud to scam homeowners. If you live in or you have a Foreclosure do not risk losing your home and your money by getting scammed by Storm (Norman) Bradford of the Mortgage Fraud Examiners.
Storm (Norman) Bradford of the Mortgage Fraud Examiners is a known banking shill who makes money buying and selling securitized mortgages and reverse mortgages to and from the too-big-to-fail-banks that have defrauded millions of American homeowners out of their live savings and the properties, while he simultaneously spread lies and misinformation about companies trying to help homeowners fight to save their homes from foreclosure.
Storm (Norman) Bradford of the Mortgage Fraud Examiners have been caught racketeering and blackmailing competitors for money in exchange to stop spreading lies and rumors about them. Storm (Norman) Bradford of the Mortgage Fraud Examiners not only bad mouths all of his competitors, and spreads lies and disinformation about them, but even more disturbing is that he then tries to blackmail them for money to stop his hate campaign.
Storm Bradford and the Mortgage Fraud Examiners are not the only scams to avoid, however they are among the most expensive foreclosure rescue scams to avoid.
Storming Scamming Bradford of the Mortgage Fraud Examiners is scamming homeowners with lies and disinformation, while profiteering from buying and selling securitized mortgages and reverse mortgages to and from the too-big-to-fail-banks. His side business appears to be peddling a mortgage transaction analysis to unsuspecting homeowners. FRAUD STOPPERS and other leading industry experts recommend that you avoid this suspected scam artist at all cost. If you are currently experiencing difficultly with a mortgage or foreclosure we FRAUD STOPPERS recommends that you get the help of a local competent attorney, and you invest the time to get formal legal education to protect yourself from scammers like Storm Bradford of the Mortgage Fraud Examiners.
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