THERE IS HOPE FOR HOMEOWNERS FACING FORECLOSURE
Thanks to groundbreaking cases like the Glaski v. Bank of America case and Jesinoski v. Countrywide Home Loans, there is hope for homeowners facing foreclosure and who want to sue their lenders or loan servicers for mortgage fraud or foreclosure fraud. The Glaski decision (California State Court) presents the idea that if some entity wants to collect a debt or foreclosure on your property, they must first legally own the debt. Furthermore, if that entity is claiming ownership by way of an Assignment, it must prove that Assignment is legally valid.
The Jesinoski Decision deals with a homeowner’s right to rescind (or cancel) the loan agreement, and stated that the loan is rescinded the moment the rescission letter is mailed! Furthermore if the lender wants to challenge the rescission it only has 20 days to do it!
FRAUD STOPPERS Private Members Association (PMA) provides cutting edge foreclosure defense products and services that are designed to help you save time and money, and increase your odds of success, suing the banks for mortgage and foreclosure fraud. You can join FRAUD STOPPERS Private Members Association (PMA) right now and enjoy these benefits:
- Mortgage Fraud Analysis and Securitization Search
- Mortgage Fraud Report detailing UCC violations existing in your mortgage loan contract
- A Potential Cause of Action Consultation with a mortgage fraud expert to provide you with personalized legal strategies
- Federal Consumer Financial Protection Bureau (CFPB) Audit
- Attorney Drafted Qualified Written Request (QWR) Letter
- Federal Consumer Financial Protection Bureau (CFPB) Federal Lawsuit for Monetary Rewards of up to $10,000.00 conducted by licensed attorney on contingency
- Powerful Administrative Documents that can stop or stall the foreclosure process and collection efforts of your lender or loan servicer, and help you lay the necessary ground work for a State and Federal lawsuit
- Federal complaint (petition for damages) demanding financial compensation of $100,000.00 for violations of the Fair Debt Collections Practices Act (FDCPA)
- Cutting Edge Federal Truth in Lending Act (TILA) Recession Letter to rescind the mortgage loan contract based on your accommodation party status
- Access to Members Only paid for products & services that include:
- Turnkey Quiet Title & Wrongful Foreclosure Lawsuit Packages
- Trial Ready Evidence Packages
- Expert Witness Affidavits
- Expert Witness Testimony
- Application for Temporary Restraining Order to stop a foreclosure sale or eviction
- Lis Pendens to cloud the marketability of the title to your real property
- Court Ready Discovery Documents: Admissions, Interrogatories, Request for Production
- Pro Se Education & Training Programs
- Full-Service Pro Se Legal Document Preparation
- Attorney Negotiated Loan Modification Services
- Mediation Settlement Services
- Full-Service Pro Se Bankruptcy Document Preparation
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.
Our Association of member’s main objective is to maintain and improve the civil rights, constitutional guarantees and political freedom for every member and citizen of the United States of America.
We believe that the First Amendment of the Constitution of the United States of America guarantees our members free speech, petition, assembly, and the right to gather together for the lawful purpose of advising and helping one another in asserting our rights under the Federal and State Constitutions and Statutes.
We also declare the basic right of all of our members to select spokesmen from our number who could be expected to give wisest counsel and advice concerning the need for legal assistance.
You can join FRAUD STOPPERS Private Members Association (PMA) right now for only $97 by clicking here: https://fraudstoppers.org/members-only/
Now is the perfect time to stand up for your legal rights and sue for mortgage 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!
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.
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.
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.
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.
This Article proposes reconciling the competing title systems through an integrated system of note registration and mortgage recordation, with compliance as a prerequisite to foreclosure. Such a system would resolve questions about standing, remove the potential cloud to real-estate title, and facilitate mortgage financing by clarifying property rights.” You can read the entire paper here: Securitization.Foreclosure.and uncertainty of MTG title Professor Levitin
You may have standing to sue for special or compensatory damages and equitable relief for clear and marketable title to your home! Over 70 million mortgages in the Mortgage Electronic Registration System (MERS) are legally problematic for lenders attempting to foreclose!
If you are currently facing foreclosure, or you have already lost your house to foreclose, we recommend that you take immediate action and register for a free securitization and mortgage fraud analysis to discover if you have legal grounds to sue your lender to save your home.
If you have a MERS Mortgage then your mortgage loan was securitized and you have standing to sue your lender for special or compensatory damages (treble damages equal to three times the original amount of your loan) plus equitable relief for clear and marketable title to the real property.
If your loan was securitized then your lender breached your mortgage loan contract, and therefore your mortgage loan contract is legally void. If your mortgage loan contract is void, then any assignments of that mortgage loan contract, or subsequent assignments, are also 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?
If your loan has been securitized then in reality you may have been harmed and maybe entitled to sue for special damages equal to three time the original amount of your loan.. In addition to suing for special damages due to breach of contract, you may have the legal standing to move the court for a declaratory judgment for clear and equitable tile to your real property. In other words clear and free title to your home. 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.
REGISTER FOR A FREE MORTGAGE FRAUD ANALYSIS AND BLOOMBERG SECURITIZATION SEARCH
If you are in foreclosure or you have lost your home to foreclosure and you want to sue for mortgage fraud or foreclosure fraud, FRAUD STOPPERS PMA can help you save time and money, and increase your odds of success, with a court ready Quiet Title or Wrongful Foreclosure lawsuit package. If you have received a Notice of Default (NOD) or a Foreclosure Notice (Foreclosure Complaint) and you want to know how to respond to the Notice of Default (NOD) or a Foreclosure Notice (Foreclosure Complaint) call FRAUD STOPPERS PMA today because our prove system can help you fight to save your home from foreclosure fraud and/or mortgage fraud. Our court ready Quiet Title Lawsuit Package or Wrongful Foreclosure Lawsuit Packages includes a turnkey complaint (petition for damages), Bloomberg Securitization Audit, Expert Witness Affidavit, Application for Temporary Restraining Order (to stop a foreclosure sale or stop an eviction), Lis Pendens (to cloud the marketability of the title to the real property), and Pro Se education material that can show you how to win a Quiet Title Lawsuit or win a Wrongful Foreclosure Lawsuit. This entire court ready Quiet Title Lawsuit Package or Wrongful Foreclosure Lawsuit Package can help you save thousands of dollars in legal fees and help you increase your odds of success. For payment options or more information on this court ready Quiet Title Lawsuit Package or Wrongful Foreclosure Lawsuit Package please contact FRAUD STOPPERS PMA today at 844.372.8378 or open a case file for a Free Mortgage Fraud Analysis and Bloomberg Securitization Search to see if your current mortgage loan situation qualifies for a Quiet Title or Wrongful Foreclosure lawsuit here: https://fraudstoppers.org/free-mortgage-fraud-analysis/
For information on foreclosure defense call us at 844-372-8378. We offer litigation support, admissible evidence, expert witness testimony, education, training, and support in all 50 states to attorneys and pro se homeowners.
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Legal Information Is Not Legal Advice: This site provides “information” about the law and is only designed to help users safely cope with their own legal needs. But legal information is not the same as legal advice — the application of law to an individual’s specific circumstances. THIS SITE IS NOT INTENDED TO BE MISCONSTRUED AS LEGAL ADVICE. Fraud Stoppers is NOT a law firm, non-profit organization, or government agency. Register for your Free Mortgage Fraud Analysis and Securitization Search, and get Free Foreclosure Defense Help and Free Foreclosure Defense Documents that you can use to stop a foreclosure and save your house.