Stopping Foreclosure at the Last Minute: Strategies to Protect Your Home

 

Facing foreclosure is a daunting situation, but there are last-minute measures you can take to halt the process and potentially save your home. Whether it's through bankruptcy, loan modification, or legal action, here are some strategies to consider when the threat of foreclosure looms.

 

  1. File for Bankruptcy to Halt the Foreclosure

When a foreclosure sale is just around the corner, one of the most effective ways to immediately halt the process is by filing for bankruptcy. This action triggers an "automatic stay," effectively stopping the foreclosure in its tracks. The automatic stay acts as a legal injunction that prevents the bank from proceeding with the foreclosure or pursuing debt collection.

The bank may attempt to lift the stay by seeking court permission to continue the foreclosure. Even if granted, this motion can delay the foreclosure for a month or even longer. This delay offers you valuable time to explore alternatives with your lender.

To get a free DIY bankruptcy package click here

To get professional bankruptcy paralegal support click here

To get attorney bankruptcy support click here

 

Chapter 13 Bankruptcy vs. Chapter 7 Bankruptcy

Chapter 13 Bankruptcy: If your goal is to keep your home, Chapter 13 bankruptcy may be your best option. This type of bankruptcy allows you to restructure your debts over three to five years through a repayment plan, potentially enabling you to catch up on delinquent mortgage payments and avoid foreclosure.

Chapter 7 Bankruptcy: While Chapter 7 bankruptcy may not save your home if you're already in foreclosure, it can delay the process and provide you with time to explore other options. Additionally, it can eliminate personal liability for the mortgage debt, sparing you from financial burdens after the foreclosure.

Keep in mind that if you've filed for bankruptcy within the past year, the stay may be limited to 30 days or even eliminated.

Also understand there is a good chance your mortgage loan could be unsecured, meaning the alleged holder of the note may not have a properly perfected lien or legal rights to foreclose due to various legal violations & errors. If your loan is unsecured it could be listed on schedule F in the bankruptcy filings in order to try and strip the lien from the real property for clear and free title. To find out if your loan qualifies for this get a Bloomberg Securitization Audit or Chain of Title Analysis (COTA) by clicking here.

 

  1. File a Lawsuit to Challenge the Foreclosure

If your lender is pursuing a nonjudicial foreclosure, which occurs outside the court system, you may be able to delay or stop the foreclosure by filing a lawsuit against the bank. To do this effectively:

- File a motion for a temporary restraining order and preliminary injunction to halt the foreclosure sale while your case is pending.

- Present evidence to the court that justifies stopping the foreclosure, such as the bank's failure to prove ownership of the promissory note, non-compliance with state mediation requirements, violations of state laws, or errors in the foreclosure process.

It's essential to be aware that suing your bank may only provide a brief delay if you can't substantiate your claims. Legal proceedings can be costly, and if your case lacks merit, you may be responsible for the bank's legal fees.

To get a turnkey quiet title or wrongful foreclosure lawsuit package to stop a foreclosure sale or unwind a foreclosure sale click here

 

  1. Request a Postponement from the Servicer

While not a last-minute solution, requesting a postponement of the foreclosure sale from your loan servicer can provide additional time to explore alternatives. Servicers typically don't readily agree to reschedule foreclosure sales, but it's worth asking.

To increase your odds of success getting a postponement to stop a foreclosure sale join have a local attorney or law send the mortgage servicer or trustee an official request on their legal letterhead. To get instant access to a local law firm for affordable attorney support services click here

 

  1. Pursue a Loan Modification

To delay foreclosure and potentially save your home, consider applying for a loan modification or another foreclosure avoidance option, especially if dual tracking is prohibited. Dual tracking occurs when the bank continues with foreclosure while a loss mitigation application is pending. Key points to consider:

- In some states like California, Colorado, Nevada, and Minnesota, the Homeowner Bill of Rights prohibits dual tracking.

- Federal rules restrict dual tracking when a complete loss mitigation application is submitted more than 37 days before a foreclosure sale.

Meeting specific deadlines is crucial, so consult with a lawyer for guidance on your state's regulations. You can get a state specific turnkey loan modification package with a detailed HOME Financial Report for FREE if you have an open case file with FRAUD STOPPERS. Simply login to your case file and request your FREE HOME Financial Report today and submit your loan modification package tomorrow. To increase your odds of success getting your loan modification approved have a local attorney or law firm submit it for you. To get instant access to a local law firm for affordable attorney support services click here

 

  1. Explore State or Federal Homeowner Assistance Fund Programs

The American Rescue Plan Act, signed into law in early 2021, established the Homeowner Assistance Fund program. While this program may not stop a foreclosure outright, it can provide assistance to households affected by COVID-19-related financial challenges. It's worth investigating if you qualify for this program to potentially secure additional support. For more information on getting financial help from the government click here

 

  1. Seek Legal Counsel

If you're on the brink of foreclosure and considering any of these options, it's strongly advisable to consult a local foreclosure attorney or bankruptcy attorney immediately. Additionally, consulting with a HUD-approved housing counselor can provide insights into various loss mitigation options available to you.

Facing foreclosure can be overwhelming, but there are avenues to explore even at the last minute. These strategies can help you buy more time, potentially save your home, or minimize your financial liability in the event of a foreclosure. Take action promptly, seek professional advice, and explore all available options to protect your home. To get instant access to a local law firm for affordable attorney support services click here

 

  1. Send an Informal Discovery Demand Letter (DVL | QWR) or TORT Letter Threatening Legal Action

In cases where you're determined to halt foreclosure and believe there may be issues with the debt, consider sending an informal discovery demand letter. This letter operates similarly to a Federal Debt Validation Letter or TORT (Tortious Interference) letter, putting pressure on the lender or servicing company to provide essential information about the debt while hinting at the possibility of legal action. You can find free QWR, DVL, and TORT letters by clicking here

Here's a concise guide on how to create such a letter:

  1. Address it Professionally: Start the letter with a professional salutation, addressing it to the lender, servicing company, or their legal representatives.
  2. Explain the Purpose: Clearly state the purpose of the letter, which is to request specific information regarding the debt in question. Mention your concerns about the validity of the debt and the need for transparency.
  3. List Information Required: Specify the information you're requesting, which may include:

- Details of the debt, such as the original creditor, outstanding balance, and account number.

- Documentation proving their legal right to collect the debt.

- Copies of the promissory note, mortgage agreement, and any assignment or transfer documents.

- A full payment history, including dates and amounts.

- Any communication or correspondence related to the debt.

  1. Mention Legal Action: Politely but firmly express your intention to take legal action if the requested information is not provided or if the debt's validity is not adequately substantiated. Make it clear that you are prepared to protect your rights.
  2. Set a Reasonable Deadline: Specify a reasonable timeframe within which you expect a response, typically 30 days. This gives the recipient ample time to gather the necessary documents.
  3. Request Communication in Writing: Request that all communication be conducted in writing to maintain a clear record of correspondence.
  4. Include Your Contact Information: Ensure your contact information is accurate and up-to-date in case they need to reach you.
  5. Sign and Date: Sign the letter and include the date to establish a record of when it was sent.
  6. Send it Certified Mail with Return Receipt: For added formality and documentation, send the letter via certified mail with a return receipt request. This provides proof of delivery and receipt.
  7. Consult Legal Counsel: It's advisable to consult with an attorney before sending such a letter to ensure that your demands are legally sound and that you're prepared to follow through with legal action if necessary.

Remember that this informal discovery demand letter is a proactive step toward uncovering potential issues with the debt and demonstrating your willingness to protect your rights. Be prepared to seek legal assistance if the recipient does not respond adequately or if your concerns persist. Your informal discovery demand letter or TORT letter threatening legal action can be more effective if they come from an attorney or law firm on their letterhead, as opposed to from you the unrepresented defaulted borrower.

Helpful tip: You can join Legalshield for less than $30 a month and request your appointed law firm to send your letters out for you! To join Legalshield now click here

 

We hope this information and free resources can help you get the remedy you desire and deserve. If you think they can help someone else, please share the love on our social media sites, or join our referral affiliate programs, so together we can help more people get the justice we deserve.

We look forward to your victory!

FRAUD STOPPERS PMA

Phone & fax: 1-800-459-1215

Email: info@fraudstoppers.org

Website: www.fraudstoppers.org

 

When the banks break the law, we break the banks!

Confidential Correspondence: This e-mail may contain sensitive but unclassified (SBU) material regarding law enforcement, intelligence, legal, or proprietary information. Any e-mail containing SBU information shall be treated as "For Official Use Only" (FOUO) Material and disseminated as such. This Email is covered by the Electronic Communications Privacy Act, 18 U.S.C. §§ 2510-2521 and is legally privileged. The information contained in this Email is intended only for use of the individual or entity named above.  If the reader of this message is not the intended recipient, or the employee or agent responsible to deliver it to the Recipient, please destroy the email after advising by reply that you erroneously received this communication and that is has been destroyed and permanently deleted from all of your email servers and workstations. The receipt by anyone other than the designated recipient does not waive the attorney-client privilege, nor will it constitute a waiver of the work-product doctrine.

How to Respond to a Notice of Default
 
Now let’s talk about the foreclosure laws as they relate to everybody. If you have received a Notice of Default (NOD) or Notice of Acceleration (NOA), then time is short and you need to do something. And the only thing that will get the banks attention is a lawsuit. If you have an impending sale there are a number of things you can do. If you haven’t done anything concerning the foreclosure process as yet, there are some things you have to do simultaneously.
 
The first thing you want to do is send out a number of letters. Whoever is attempting to foreclosure on you, on that person you should send a debt validation letter (DVL). Often, a debt validation letter (DVL) will stall the foreclosure. Because when a debt validation letter is filed, the lender is obligated by the Fair Debt Collections Practices Act (FDCPA) to validate the debt. You can find free DVL, QWR, TORT Letters, and a Federal FDCPA suit here
 
 
Remember your debt validation letters or qualified written request letters are more effective if they are sent by a local law firm or attorney on their legal letterhead as opposed to you the unrepresented borrower. To get instant access to a local law firm for affordable attorney support services click here
 
 
A presentment under the Uniform Commercial Code (UCC) is defined as a demand for payment on a debt in us dollars. If your sent a presentment (a demand for payment) from anyone, you may dispute the debt with that person, and if you send them a letter stating that you dispute the debt and a demand that the claimant prove up their claim, then the debt collector is required to seize all collection efforts until they have proved up the claim.
 
So if your lender is in the process of foreclosure, and you send them a debt validation letter, they’re going to claim that in this case they are not debt collectors, but in fact they are merely attempting to recover collateral. The courts across the country are split on this issue. Some states say yes they are a debt collector, and some say no they are not a debt collector. For our purpose we don’t care either way, because we’re going to make the claim and by law once the demand is made they must prove up their position either way.
 
 
The issue that we’ve been making with the lawsuits we’ve been helping people produce is that they are a debt collector until they show that they are not a debt collector. Usually they like to reply with a Rule 12 (motion to dismiss for failure to state a claim), alleging that they are NOT debt collectors and therefore they do not fall under the FDCPA.
 
So the argument that we’re making here is that in order to implement the intent of the legislator (and that intent was to prevent someone with no claim on a debt from collecting on a debt), you are demanding they prove their position.
 
If you have a debt with GMAC and I call you from Joe Blow collections, or send you a letter claiming I’m collecting for GMAC and you need to send all your future payments to me. Well if you send your payments to them and they are not collecting for GMAC the payments you send to them do not extinguish the debt; and that’s in the Uniform Commercial Code.
 
You see the foreclosure mills and the banks agents are trying to squeeze in under that exclusion, and claim that they are not trying to collect money; rather they are attempting to recover property. But in order to recover the property you have to get a notice of intent to foreclose in the form of a notice of default (NOD) and opportunity to cure the default (by paying money). This is stated in the mortgage.
 
Now we are saying that makes you a debt collector. Because the bank is saying you better pay a certain amount in U.S. dollars, or else they will become a collateral collections agent, and take the property as collateral. So the argument you will be making to the court is even if the jurisdiction says that the debt collector, and the foreclosure agent falls under the exclusion, until such time as they prove that they are actually in that position, they fall under the FDCPA. You can get a free Federal FDCPA lawsuit (Complaint) here
 
 
If you get a phone call, you will use the: “Let’s Play a Little Q & A” on them. YOU must take control of the situation.
 
 
Write down their name, and the time and date they called. This is very important. (If you can record the conversation it will help you to transcribe to a ledger, the reason for this is that generally a recorded conversation is not admissible in a court room (the Judge will not allow it) however a transcript is admissible with no problem).
  • What is the name of the company that you work for (where you work
  • What is their address
  • What state are they in
  • What is the zip code
  • What is the phone number
  • What is the name of the creditor (originally claims the debt)
  • What is their address
  • What state are they in
  • What is the zip code
  • What is their phone number
  • What is the Account number
  • What is the amount that you (or they) claim that I owe
 
The purpose of this is that there are certain things they must do during the telephone conversation and the primary one is as follows. The very first thing they must do after identifying themselves is to read you your consumer warning.
 
This is also referred to the “Mini-Miranda” “This is an attempt to collect a debt and any information obtained will be used for that purpose”.
 
If they do not inform you of your rights they have violated section § 807 of the DCPA and is a $1,000.00 violation.
 
On top of that, in your Debt Validation Letter you should request that they only contact you by U.S. Mail. This way each phone call could result in you being paid up to $1,500.00 for each violation of the Federal Telephone Consumer Protection Act 47 U.S.C. § 227.
 
 
For complete, step by step, instructions on how to deal with Debt Collectors and Creditors, and how to improve your credit score (and make money doing it) you can get the How to Deal with Creditors and the How to Deal with Debt Collectors course(s) at: https://www.fraudstoppers.org/freemoney
  
 
Moving along! Think about this, if someone could be excluded from proving their position, just by making the claim that they weren’t a debt collector, and not have to prove it up the claim, then the statute requiring someone’s to prove their position would have no force in fact. In other words the law would be meaningless. So you’re saying that the bank is a debt collector, until they prove they are not. So now the burden of proof shifts to them proving they are not.
 
 
Either way it does not matter because this is just round one. In your lawsuit you can stipulate that IF they prove up their position you will dismiss this issue.
 
 
What you’re claiming here is you don’t know who the real holder of the note is, and for good reason. With all this robo-signing, and loan securitization, and transferring these loans, mortgages, and deeds of trust all over the place, you don’t have a clue to who the real holder of the note is. So you don’t know who has the actual authority to perform the foreclosure, so you’re asking that they prove up their position. Until they do this the foreclosure should be halted. Some people have been able to stop the foreclosure for years with this one simple step.
 
 
Remember your lender or loan servicer sent you a notice of default (NOD) and opportunity to cure; and you just need to make sure that if you send the amount necessary to cure that it will actually cure the debt; and you won’t have somebody coming back next week trying to foreclose again.
 
 
So the first thing you need to do is send the a good Debt Validation Letter; because when your lender or loan servicer receives it they are essentially statutory estopped from any and all further collection efforts until they answer.
 
 
After you mail your Debt Validation Letter, if they send you an answer, more than likely it will be a “nonresponsive answer”. They may send you a copy of the deed of trust/mortgage, and maybe a copy of the note (if they have one). But they will not send you the originals that you requested, and they will not make originals available for your inspection, because in all likelihood they do not have them.
 
In fact the Bankers Association testified to the Florida Supreme Court in CASE NO.:09-1460 that “The reason many firms file lost note counts as a standard alternative pleading in the complaint is because the physical document was deliberately eliminated to avoid confusion immediately upon its conversion to an electronic file.”
 
So in order to address that issue in the debt validation letter you demand that they produce the original note for inspection by you; as is your right under Federal law. Now this is governed by Uniform Commercial Code 3-501; and it says that when a creditor sends a presentment to a debtor, and the debtor demands production of the original security instrument, the creditor must make the instrument available for inspection by the debtor. They do not have to give it to you; they just have to show it to you. If they fail to do so, the debtor can cease all payments without dishonor.
 
Now this creates Statutory Estoppel on two different fronts, and it will almost always stop the foreclosure, at least the first time you send them it. It usually takes them a little bit of time to get regrouped. Once they send you this bogus answer they may try to go ahead and start the foreclose process again. And there are things you can do if and when they do that.
 
But first things first, send the debt validation letters. Then as soon as you can you want to get a suit filed under the Fair Debt Collections Practice Act (FDCPA). When you send in your Debt Validation Letter (DVL) and then file suit for the same purpose. File suit demanding that the person claiming authority to foreclosure prove up their position; demand that they prove they are actually a bonafide agent for the true holder of the note.
 
Now this could be a big problem for the bank. The bank may actually be, or whoever the alleged principal for the agent is, may actually be the true holder of the note. But their problem is, in the last 13 years or so, after the repeal of the Glass Steagall Act and the repeal of the prohibition against derivatives, it sort of unleashed the money changers on us and they got themselves into such a glut of swallowing all of the equity of this country, that they just didn’t take care of business. They didn’t take care of the bookkeeping very well and usually they cannot legally prove up their position.
 
 
So when you file suit for this, and we’ve done a bunch of them, you have to understand that the courts are absolutely totally corrupt. They will dismiss your case no matter what, even if you have an attorney. Because the banks have money and power, and they can apply political pressure. And don’t forget that some of the federal judges are dirty rotten scoundrels. Maybe they can’t help it, maybe their position depend on them being dirty rotten scoundrels, but in the end…..they’re dirty rotten scoundrels; and they will rule against the Pro Se at every turn. So you have to expect that, and be prepared for that.
 
 
But don’t worry because the How to Win in Court Course will teach you how to argue your case, for the record, so you can win on appeal.
 
 
And keep in mind that you have some things you can do as Pro Se to tilt the scales of justice in your favor. As a Pro Se you don’t have to worry about that scoundrel judge pulling your bar card, because you don’t have one! Generally you don’t have to worry about the judge sanctioning you, because for the most part, the things that will get someone sanctioned only apply to lawyers. As long as you don’t curse the judge out, and you put on the appearance of civility, they’ll have no way to sanction you.
 
When you start filing judicial conduct complaints against a judge every time they squeak, every time they do something to deserve it, they can do nothing to stop you. If you file a judicial conduct complaint against the judge, and the judge says one word to you, that’s obstruction of justice and tampering with a witness and that can get them into big trouble real fast.
 
The same goes for bar grievances against attorneys. Bar grievances can affect attorney’s malpractice insurance. So these are just a few of the things that you can do to them as a Pro Se, which lawyers can’t do. If you have a lawyer, they can’t do any of these things, because if they do anything the judge doesn’t like, the judge can jerk their bar card away, almost at whim. But you’ll have to worry about that, and we will show you how to take some actions that will make up for a lot of these problems we have with corrupt judges and courts. I’m hoping that if we can get enough people doing this, that we can put enough pressure on the judges, that they will stop playing these shenanigans, in order to get us to stop filing judicial conduct complaints against them every time they turn around. But that is a discussion for another day.
 
Once you file your lawsuit you can expect a rule of 12 motion (dismiss for failure to stay to claim); and they will have 21 days to file that answer. So if you’re facing foreclosure they generally have to give you 21 days notice; and they generally time it so it’s exactly 21 days notice. So you will want to file a federal (or state) lawsuit fast, and that will almost certainly stop the sale.
 
Now it may NOT statutorily stop the sale. The only thing you can do to legally stop the bank from foreclosing on your property is to get a court order; like a temporary restraining order signed by a judge. Or you can also file for bankruptcy to temporarily stop the sale!
 
 
However, once you sue them, the reality is that win lose or draw, you’ll probably come out ahead because civil litigation takes time; and time is money!
 
So once you file an action against them, if the bank goes ahead and forecloses on the property while the litigation is going on, they could have opened themselves up for even more damages. Plus nobody in their right mind would purchase the property; because there would be a Lis Pendens filed against the property; and we’ll show you how to file a Lis Pendens (Latin for “suit pending”) later.
 
So after you mail your debt validation letter, you want to go to the local register of deeds (or your county recorder of deeds office) and get a copy of every document that has been filed in the county records for your property, from the date you purchased the property to present.
 
You’ll look for a deed of trust, or a mortgage, depending on what state you live in. If you live in a judicial state you have a mortgage. If you live in a non-judicial state you have a deed of trust.
 
 
If you are not sure if your state is a judicial or non-judicial, here is a list: https://www.fraudstoppers.org/foreclosure-laws-by-state
 
 
You should get a copy of every page of each document recorded against your properties chain of title, from the time you purchased the home until present. 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, Smith, Original Deed of Trust, 17 Pages]
 
You should end up with copies of your Original Warranty Deed, Deed of Trust (DOT) (or Mortgage, as it is called in some states) and any assignments of mortgage or assignments of DOT.
 
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. You’ll also look for an assignment of substitute of trustee, an appointment of the note, and an appointment of the deed of trust or mortgage.
 
 
You may be able to get free copies of your county recorder of deeds documents online. Here is some information on how to do that: https://www.fraudstoppers.org/how-to-get-free-online-copies-of-your-county-recorder-of-deeds-land-record-documents
 
 
These are the primary documents you’ll look for. And you may see a notice of default, or notice of intent to foreclose. Basically you want to get a copy of every document filed against your property from the time you purchased it until the present.
 
Then once you get a copy of these documents look at the authentication, which is the notary. Documents filed in the county record are not self authenticating. Since these documents are filed by someone that just comes down to the court, or hands it to the court, or they send it by mail, someone has to sign the document for it to be valid.
 
An authentication is when a person goes before someone who is authorized to do this, authorized to verify that the person who is claiming to sign the document, is in fact the person they claim to be. Essentially that’s all the authentication is. The notary will authenticate that this person came before me, and either I knew them personally or they identified themselves to me by this method; and I made the determination that this person is who they say they are.
 
This is one of the biggest areas of fraud in the whole foreclosure issue and it is absolutely the dumbest place to commit fraud. It’s arrogance beyond belief, its total reckless disregard for our laws and our courts. To file a document with a fraudulent identification is a felony; and the banksters have filed millions of them!
 
If you remember back to the 60 Minutes’ episode The Next Housing Shock a young guy got on television and bragged that he could sign Linda Green’s name, something like 360 times an hour. Think about it, in just one hour he committed enough felonies to put him in a federal penitentiary for several life sentences. This guy was no rocket scientist, but he could write fast! And the notaries, it’s a relatively minor thing, and its standard business procedure. But these guys are cranking out foreclosures so fast that having to wait for a notary, or having to wait for a notary to sit across the table from you as your signing these documents, and take the time to fill out their ledger and have you sign the ledger, while that’s inconvenient, and it’s not efficient.
 
So the foreclosure mills will hire somebody, at the entry level position who doesn’t know anything, and they come to them and say: “Hey we need a notary, and if you want to be a notary we can pay for your application fee, and your bond, and everything you need like your stamp and your ledger, and we’ll make you a notary.” And the new entry level clerk says “wonderful, I’ll be a notary”. And then the company comes to them with a big stack of documents and says “here you go, we need you to notarize these for us.” And generally this is a law firm, so the entry level clerk believes that this must be legal, and they do what there told and they notarize the stack of fraudulent documents. So now when the foreclosing agency needs a notarized document they just pull one off the shelf and fill it out.
 
What the notary is required to do in a number of states is to keep a sequential ledger. Anybody who has taken a document to get it notarized will recognize the procedure. You sign your document in front of the notary, after you have identified yourself to the notary, and then the notary will fill out some stuff on this ledger, and turn around and have you sign it. And now they even have a fingerprint pad where they will have you put your fingerprint or thumbprint on it. And that’s so if anyone ever has a question about the authentication, the notary can prove up the authentication.
 
Well the first thing you need to do is to pull every notary name off of every document that’s been filed in the county records office against your house, and send them a letter requesting a copy of their sequential ledger, from the day before to the day after any authentication appears in the record.  And we suggest that you do not send it yourself. Have someone you know send it. And be sure to send its certified mail. Anything that you cannot conclusively prove that you sent and was received will go into the trash. Now that may not be right, but that’s the way it works. So always send all of your legal correspondences Certified Mail Return Receipt Requested!
 
 
The Post Office will give you a tracking number. Write that tracking number on the top of your letters & correspondences. Make a copy of the letter with the tracking number written on the top, then mail the letter. This provides you proof when they sign for the letter, and what the substance of the letter was.
 
 
You may get an answer back from them, but it will most likely be non-responsive.  If they send you an answer and it is not the sequential ledger, or if the record shows that the ledger is incomplete, then the answer is non-responsive! To date, we have yet to receive a single responsive answer to this request. If you don’t receive a responsive answer, you will have a valid reason to believe that the authentication is invalid.
 
Now there is one particular notary that most people will have a question about, and that’s the one on the deed of trust or the mortgage. When you signed that at closing there was a notary sitting at the table across from you, as a rule. There’s required to be, but not always.  Sometimes the lender will come to your house and have you fill out all the documents at your kitchen table. Well, that’s not quite legal because that deed of trust or mortgage must be authenticated; because that document is intended to be filed with the county register. And documents filed at the county register or are not self authenticating and they must be authenticated by a notary.
 
If there was no notary, than the document is not authenticated; but if there was a notary,   you have to ask “was that a notary?” Because you don’t really know, they look like notaries and they act like notaries; but what we have found in sending these letters out, is that they are not necessarily notaries. Or even if they were notaries often they’re not notaries any longer. And when a notary cases to be a notary, the notary is required to send their substantial ledger to the clerk of the court, or county clerk.  We’ve never found the county clerk who has one.
 
What we have found more often than I would have expected, is that we send a request from a notary on the deed of trust, and would get a letter back saying that our letter is undeliverable. So we contact the secretary of state who oversees notaries and who issues the notary authority and we asked the secretary of state for an address on the notary; and the secretary states because we don’t know who this person is.
 
 
Now we are not exactly sure what is going on here. It may be that once a notaries’ commission expires, and it hasn’t been renewed, the secretary state may not maintain information on them. We don’t know if that’s the case or not, or if the secretary of state never had any information on the person. We don’t know what the deal is!
 
But what we do know is that the secretary of state says to us, “we don’t know anything about this person, and they’re not a notary, and we don’t have any record of them.” And for us, that works GREAT! We can live with that; because that creates an adverse inference that whoever sat across from us at the closing table, posing as a notary, was not in fact a notary.
 
Now maybe they were, but there’s no evidence to indicate that. So you can go back to the court, and say that you have reason to believe, and you do believe, that this document was never properly authenticated, and that the acknowledgement on the document was fraudulent, and you ask that the document be stricken from the record.
 
 
Now what the court is likely to come back and say is: “well did you sign it?” To which you should reply: “Objection relevance!”
 
 
It’s irrelevant because the document must be authenticated, or proven, and it is not. You do not know if that is precisely the document that you signed at closing. Your bank may have made up another one. You can never know what the document your bank is reporting to have is, unless they bring you the original; and they will NEVER do that!
 
But you raise the issue so that if you can get the deed of trust, or mortgage, to be declared by the judge to be of no force and effect; your bank will have a real big problem! But generally the one that we can go after is not good deed of trust, or mortgage, in this particular regard. There are other places to go after the validity of the deed of trust, or mortgage.
 
But for now the documents that were really looking for, is the assignment of substitute trustee and the assignment of deed of trust. Now that one, we don’t know who signed at one, and this is the issue that goes to robo-signers. The problem with going to the court and accusing somebody being robo-signers, is you can go to the judge and say this person is a robo-signer and his name is splattered all over the Internet. And the judge is going to say “so, what does that have to do with this issue?
 
 
Just because he’s accused of being a robo-signer doesn’t mean he didn’t have authority to sign this document.  What evidence do you have to show that he did not have authority to sign this document?”
 
To which you can reply while Your Honor, this guy is a robo-signer and his name is all over the Internet. So I sent a letter to the company, for whom this person acted as an agent, and I requested evidence of the power of attorney for this person, and on these letters we have never received a responsive answer yet.
 
So after you complete the above mention step, you can then go to the court and say your Honor, I think this guy is a robo-signer (his name is splattered all over the internet), so I sent a letter to the company for whom he signed, asking them for proof of power of attorney, and I didn’t get any response. And this creates the adverse inference that the guy did not have power of attorney.
 
 
Furthermore, you’ve looked in the county record and expected to find evidence of power of attorney, as is required by law for anyone who files this type of document, that is specifically referenced by our state law, and I did not find any such evidence that he had  power  of attorney.
 
 
This creates a prima fascia case for this document being insufficient for filing in the record and I ask the court to rule that it’s insufficient, and is therefore void and of no force and effect.
 
 
This is all you want the judge to rule on at this time, and this is where you’re filing a petition for declaratory judgment. You’re not asking for any damages, at this time. You’re only asking that the judge make a declaration; and the only declaration we want the judge to make is that this document, as it exist by looking at the four corners, is insufficient for filing. Doing these steps as soon as possible can cause big problems for your bank and their foreclosure efforts.
 
 
Remember these steps are only the start to defeating your fraudulent mortgage or foreclosure. The banks have paid lobbyist to help Congress pass laws that benefit the banks and their foreclosure efforts, so you will need to do more to reach a successful outcome and a happy ending.
 
For more information on what you should do if you receive a notice of default or foreclosure complaint watch this video: https://www.fraudstoppers.org/how-to-respond-to-a-notice-of-default-or-foreclosure-complaint
 
 
Remember never give up on your piece of the American dream because you may have options available to gain the remedy that you deserve!
 
 
We hope this information can help you get the remedy you desire and deserve. If you think they can help someone else, please share the love on our social media sites, or join our referral affiliate programs, so together we can help more people get the justice we deserve.

 

We look forward to your victory!

FRAUD STOPPERS PMA

Phone & fax: 1-800-459-1215

Email: info@fraudstoppers.org

Website: www.fraudstoppers.org

When the banks break the law, we break the banks!

Confidential Correspondence: This e-mail may contain sensitive but unclassified (SBU) material regarding law enforcement, intelligence, legal, or proprietary information. Any e-mail containing SBU information shall be treated as "For Official Use Only" (FOUO) Material and disseminated as such. This Email is covered by the Electronic Communications Privacy Act, 18 U.S.C. §§ 2510-2521 and is legally privileged. The information contained in this Email is intended only for use of the individual or entity named above.  If the reader of this message is not the intended recipient, or the employee or agent responsible to deliver it to the Recipient, please destroy the email after advising by reply that you erroneously received this communication and that is has been destroyed and permanently deleted from all of your email servers and workstations. The receipt by anyone other than the designated recipient does not waive the attorney-client privilege, nor will it constitute a waiver of the work-product doctrine.

 
 
 

Get the best real estate deals first, before they hit the mass market! HOT FORECLOSURE DEALS with one simple search

 

Search by name, phone, address, or email to confidentially lookup information about people.

CREDIT REPAIR $19 DOWN

THE CON

The Con

The Con

How to Win in Court in Only 24hrs

Fraud Stoppers How to Win in Court

LegalShield

Identity Protection

EMP PROTECTION

Blog

FRAUD STOPPERS PMA Mortgage Foreclosure Defense Blog

free fraud analysis

Free Documents

Fight Traffic Tickets

Chicago Foreclosure Help

Free Loan Modifications

Senior Mortgage Modification Upheld: Court Rejects Junior Mortgagee's Attempt to Subordinate Loan in Bankruptcy Case, Exposing Foreclosure and Mortgage Fraud. Discover How FRAUD STOPPERS Can Assist Borrowers in Similar Situations.

Mortgage Refinance

Rule of Law Radio

Rule of Law Radio

Process Service

Free Bankruptcy Documents

JOIN FRAUD STOPPERS PMA

Free Fraud Analysis

Free COVID Lawsuit

Mediation Services Requested

Social Media Buttons

VISIT US AT

face book youtubeg+ twitter

Recent Posts

Attorney Services Request

Pro Bono Attorneys

Free Foreclosure EBook

FRAUD STOPPERS Foreclosure Traps Pitfalls and Swindles

FRAUD STOPPERS Foreclosure Traps Pitfalls and Swindles

Private Attorney Network

Now You Can Unlock the Power of Justice and the Rule of Law with FRAUD STOPPERS

 

Are you tired of being a victim of financial fraud, seeking the justice and legal remedy you deserve? Look no further – FRAUD STOPPERS is here to empower you with the comprehensive tools and support necessary for success. With a wide range of services tailored to your needs, we are your ultimate ally in the fight against fraud.

FRAUD STOPPERS Arsenal of Solutions includes but is not limited to:

  1. Audits & Investigations: Our team of skilled professionals will meticulously analyze your case, leaving no stone unturned in uncovering the truth. We employ cutting-edge techniques and resources to expose the fraud and gather irrefutable evidence. We are the only organization (to our knowledge) that can provide you with a Full Level 4 Bloomberg Securitization Audit and all the loan level data and trust information for all Government Sponsored Loans (GSE’s) and loan placed in private trust (shipped off shores) that do not report to the Securities and Exchange Commission (SEC).
  1. Expert Witness Affidavits & Testimony: Our network of esteemed experts will provide compelling affidavits and testify on your behalf, lending credibility and authority to your case. Their specialized knowledge and experience will strengthen your position in the legal battle.
  1. Turnkey Litigation Packages: We understand that navigating the complex legal landscape can be overwhelming. That's why we offer comprehensive litigation packages, equipped with all the necessary documents and strategies to mount a strong defense against fraudsters.
  1. Professional Paralegal Support: Our dedicated paralegals are committed to assisting you every step of the way. They will guide you through the process, offer invaluable insights, and provide crucial administrative support to ensure your case is well-prepared.
  1. Nationwide Attorney Networks: We have established a vast network of highly skilled attorneys across the country who specialize in fraud cases. Rest assured, you will be connected with a trusted legal expert who is passionate about seeking justice on your behalf.
  1. Legal Education and Training: At FRAUD STOPPERS, we believe that knowledge is power. That's why we provide comprehensive legal education and training resources, empowering you to understand your rights, navigate the legal system, and make informed decisions throughout your case.
  1. Debt Settlement Negotiations: Our experienced negotiators will engage with creditors on your behalf, striving to reach favorable debt settlement agreements. We will advocate for your interests, aiming to alleviate the financial burden caused by fraud.
  1. Private Lending: If you require financial assistance to support your legal battle, our private lending options can provide the necessary funding. Our trusted lending partners offer competitive rates and flexible terms, ensuring you have the resources to fight for justice.

 

And much more! Save Time, Money, and Increase Your Odds of Success with FRAUD STOPPERS' Proven Products and Programs

If you're serious about getting the legal remedy you deserve, FRAUD STOPPERS has everything you need to succeed while saving time, money, and increasing your odds of success. Our comprehensive range of proven products and programs is designed to streamline the process, maximize efficiency, and deliver results.

Time is of the essence when it comes to combating fraud, and we understand the importance of expediting your case. With our expertise and resources, we can minimize delays and ensure efficient progress. By leveraging our extensive experience in fraud investigations and legal strategies, you can navigate the complexities of the legal system with confidence, saving valuable time in the process.

We also recognize the financial burden that fraud can impose, and we are committed to providing cost-effective solutions. Our competitive rates for services, private lending options, and expert negotiation skills can help you save money while maximizing the value you receive. Rest assured that we strive to optimize your resources, enabling you to fight fraud without breaking the bank.

Partnering with FRAUD STOPPERS significantly increases your odds of success. Our proven track record and extensive network of experienced professionals ensure that you have the best possible resources at your disposal. From expert witness testimonies to strategic litigation packages and effective debt settlement negotiations, our carefully curated products and programs have a track record of achieving favorable outcomes. With FRAUD STOPPERS by your side, you can maximize your chances of holding fraudsters accountable and obtaining the justice you deserve.

By choosing FRAUD STOPPERS, you can save time, save money, and increase your odds of success. Our proven products and programs, combined with our commitment to your cause, empower you to reclaim your future. Take the first step towards justice by completing the form below.

Remember, with FRAUD STOPPERS, you have a trusted partner dedicated to saving you time, money, and increasing your chances of success. Let us fight by your side and help you put an end to fraud once and for all.

Our commitment to your success knows no bounds. We are constantly expanding our services and partnerships to provide you with the most effective tools in the fight against fraud.

Ready to get started?

Simply complete the form below to begin your journey towards justice. Once submitted, check your email inbox or email spam folder for detailed instructions on how to move your file forward.

Remember, you don't have to face fraud alone – FRAUD STOPPERS is here to champion your cause and bring you the justice you deserve.

Join us in the battle against fraud today!

Complete the form below and then after submission, check your email inbox or spam folder for detailed instructions on how to move your file forward to get the legal remedy you seek and deserve.

LIST OF FORECLOSURE LAWS BY STATE

 

Fraud Stoppers Logo

THIS SITE IS NOT INTENDED TO BE MISCONSTRUED AS LEGAL ADVICE. FRAUD STOPPERS is a Private Members Association PMA. FRAUD STOPPERS PMA is NOT a law firm, non-profit organization, or government agency.  FRAUD STOPPERS PMA does not operate in the public sector. Although this website is visible to the public  FRAUD STOPPERS PMA does not intend for any information contained in this website to be considered as legal advise.

The information about Foreclosure law and other legal information provided on this website does not, and is not intended to, constitute legal advice; instead, all information, content, and materials available on this site are for general informational purposes only.  Information on this website may not constitute the most up-to-date legal or other information.  This website contains links to other third-party websites.  Such links are only for the convenience of the reader, user or browser; FRAUD STOPPERS and its members do not recommend or endorse the contents of the third-party sites.

Readers of this website should contact their attorney to obtain advice with respect to any particular legal matter.  No reader, user, or browser of this site should act or refrain from acting on the basis of information on this site without first seeking legal advice from counsel in the relevant jurisdiction.  Only your individual attorney can provide assurances that the information contained herein – and your interpretation of it – is applicable or appropriate to your particular situation.  Use of, and access to, this website or any of the links or resources contained within the site do not create an attorney-client relationship between the reader, user, or browser and website authors, contributors, contributing law firms, or committee members and their respective employers. 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.

The views expressed at, or through, this site are those of the individual authors writing in their individual capacities only – not those of their respective employers, FRAUD STOPPERS, or committee/task force as a whole.  All liability with respect to actions taken or not taken based on the contents of this site are hereby expressly disclaimed.  The content on this posting is provided “as is;” no representations are made that the content is error-free.

For instant access to an affordable local competent attorney click here

 

Spread the love
Yum