This Post details what home owners in Judicial States Needs to Know in Order to Effectively Defend their Homes from Foreclosure.
JUDCIAL STATE LIST: CONNECTICUT (CHECK YOUR NOTE AND MORTGAGE REQUIRES 2 WITNESSES ASIDE FROM NOTARY/LAWYER) DELWARE-FLORIDA- ILLINOIS – INDIANA-KANSAS-KENTUCKY-LOUISIANA-MAINE-MARYLAND-MASSACHUSETTS-NEBRASKA-NEW JERSEY- NEW MEXICO-NEW YORK-NORTH DAKOTA-OHIO-PENNSYLVANIA-SOUTH CAROLINA-VERMONT
#1 HOMEOWNER SERVED WITH COMPLAINT BY MAIL , CERTIFIED AND THEN SHERIFF OR PROCESS SERVER. IF A RENTAL PROPERTY TENANT WILL RECEIVE NOTICE BEFORE HOMEOWNER.
COMPLAINT WILL STATE WHO PLAINTIFF IS WHAT THE DEBT IS AND WHY THE DEFAULT SHOULD BE ALLOW THE LENDER TO FORECLOSE AND TAKE THE PROPERTY. ALSO NOTICE WILL BE POSTED IN LOCAL PAPER (REQUIRED) USUALLY IT’S A TWO COUNT COMPLAINT CLAIMING THEY HAVE THE RIGHT TO FORECLOSE AND ARE THE OWNER OF THE MORTGAGE AND NOTE AND OR THE NOTE IS LOST AND OR HAS BEEN DESTROYED.
STEP ONE: MAKE SURE TO CHECK AND SEE IF THE COMPLAINT IS VERIFIED OR NOT. (MEANING THE COMPLAINT CONTAINS A STATEMENT UNDER PENALTY OF PERJURY THAT THE FACTS ARE TRUE AND CORRECT. IF IT DOES NOT THEN ITS NON VERIFIED. FEBRUARY OF 2013 FLORIDA SUPREME COURT RULES THAT ALL FORECLOSURE COMPLAINTS MUST BE VERIFIED. EASY DISMISSAL IF ITS NOT.. (VIDEO COMING SOON TO SHOW EXAMPLE OF ALLEGED VERIFIED COMPLAINT AND UNVERIFIED ORDER TUTORIAL EXAMPLE. )
CHECK YOUR MORTGAGE DOCS FOR MERS. (VIDEO TUTORIAL COMING SOON) LOOK FOR MIN# USUALLY ON FIRST PAGE TOP OR BOTTOM OF MORTGAGE.
IF IN FACT IT’S A MERS MORTAGE GO TO THEIR SITE AND SEE IF WHO YOU HAVE BEEN PAYING MATCHES THE PLAINTIFF SUING YOU. SEND MERS MILESTONES DOCUMENT IN DOC FILES TO MERS. SOMETIMES NO MIN# WILL BE SHOWN OR MENTION OF MERS SO GO TO MERS SITE AND RUN PROPERTY ADDRESS ALSO RUN NAME AND SOCIAL RUN EACH WAY IT GIVES YOU AS OPTIONS.. YOU WILL BE SURPRISED OFTEN YOU WILL FIND YOUR LOAN THERE EVEN WHEN NOT SHOWING AS MERS ON LOAN DOCS. http://WWW.MERs-servicerid.org
Most of the time Mers will NOT answer this will only help you moving forward.
Remember you are your own Private Investigator so take notes and leave no rock unturned! If No response from Mers send a second request! This will build your case! Keep in mind whether or not you have been served start this process of building your case now! Do NOT wait til you are served.
IMPORTANT! While you are doing these steps you should be challengeing your Lender/Servicer through the credit bureaus as well as keepsing track of all phone calls, log date time etc.. and keep track of all paperwork! Including monthly statements and offers from lender/servicer.
By now you should have completed the above steps ( do not skip anything)
As this will help you to build your offense. Credit bureaus is KEY remember FDCPA rules can help you to win against your lender.
QWR is an important tool in your offense use it and use It wisely!
Under the “Real Estate Settlement Procedures Act” Section 6, it specifies safeguards for consumers of loan servicers. Section 6 describes the QWR. It establishes a legally mandated communication protocol between you and your lender. The Loan servicer cannot ignore your request. If it is written and you have proof that you submitted it to them, the law requires that the loan servicer responds to these inquiries within 20 days and tell you that they received it, if that is all they can tell you. Within 60 ays they need to give a full explanation and answer all questions. If they fail to respond document it!!
You need to use QWR for formal requests of information that cannot be made by phone with customer service reps. Examples as follows:
- Learn who actually owns your loan: More than likely the company your are sending your mortgage payments to is just a servicer.
- Don’t forget to do MERS milestones request!
- Ask for a Copy of your promissory NOTE and mortgage along with all transfers. Aka assignments.
- Ask for your payment history
- Request a detailed explanation of fees and special charges. You want an itemization and justification of all the fees. Most time lenders will back down as they know the charges are bogus.
- Most loans have TILA and RESPA violations
- Request special handling of reports – ask for a report on who they are reporting regarding missed payment and argue they should NOT be reporting.
- If you get back a lame answer form the loan Servicer on your QWR, Immediately follow it “The answer your provided was incomplete and inconclusive etc.. “ This carries legal consequences to the servicer that could pay you very well!
- Remember the Mortgage Servicer MUST acknowledge receipt of the QWR within 20 days and respond to complaint within 60 days. They cannot igonore this written request! Non-compliance with the Act leave the lender open to private law suits for 3 years after its inability to respond to QWR.
- Section 20 of Mortgage.. read it learn it!! “SALE OF NOTE;CHANGE OF LOAN SERVICER; NOTICE OF GRIEVANCE” this clause specifally states “The NOTE or partial interest of the NOTE (together with this Security Instrument) can be sold one or more times without PRIOR notice” Meaning the lender by law must have notified you and any successor servicers orlender must have must also notify you whenever the loan has been sold or transferred! Without prior NOTICE is not to be interpreted as NO NOTICE. (Section 20 Tutorial example video coming)
This means the lender MUST notice you with a letter with new owners name and information. You must also receive a hello letter from the new servicer. Failure to do this is failure of a Condition Precedent, meaning a contractual obligation the lender or servicer must accomplish prior to foreclosing. It’s a great defense and I will give you more details later!
- The Strategy is to Hit them from all sides NOT just one.. dispute with credit bureaus, MERS (if applicable) and the servicer. You have to think like ninja and leave no way out for the lender.. hit them quick fast and hard!
YOU HAVE BEEN SERVED
- IF YOU DO NOTHING YOUR HOME CAN GO TO SALE IN AS LITTLE AS 20 DAYS AFTER YOU ARE SERVED. USUALLY 30 DAYS LATER
- IF YOU FOLLOW THE INSTRUCTIONS BEING GIVEN , THE BANK MAY BE UNABLE TO SET THE SALE FOR A VERY LONG TIME
- MORTGAGE COMPANY MAY NEVER BE ABLE TO SET A FORECLOSURE SALE, BECAUSE THE REALITY IS FORECLOSURE CASES ARE VERY DIFFICULT EVEN FOR LENDERS TO WIN IF YOU TAKE THE PROPER STEPS AND OFTEN THE COURTS WILL FORCE TH LENDER TO MODIFY YOUR LOAN.
- USING THIS SYSTEM THE LENDERS WILL HAVE A VERY DIFFICULT TIME WINNING THEIR CASE IF THEY CAN AT ALL.
- BY FILING A COUNTERSUIT, THE LENDER CANNOT PROCEED WITH FORECLOSURE UNTIL YOUR SUIT IS SETTLED.
- KEEP AN EYE ON ACTION AGAINST YOUR PROPERTY AT THE COUNTY LEVEL MOST OFTEN YOU CAN VEIW EVERYTHING ONLINE.. REMEMBER THE BANKS ARE SLIPPERTY AND THEY WILL FABRICATE SO KEEP AN EYE ON THEIR FILINGS AND MAKE SURE YOU ARE RECEIVING NOTICE AND SERVICE. IF NOT YOU BETTER BE TAKING ACTION.
- OFTEN HOMEONWERS ARE NEVER PROPERTY SERVICED AND THEN THE CLERK DEFAULTS THE HOMEONWER ASSUMING PROPER SERVICE AND NOTIFICATION HAS BEEN GIVEN
- IF YOU HAVE BEEN SERVED MAKE SURE ON THE 20TH DAY YOU FILE MOTION FOR ENLARGMENT OF TIME, MOTION TO DISMISS THE COMPLAINT (MEAN WHILE GATHER YOUR INFO FROM MERS IF APPLICABLE CREDIT BUREAUS AND SERVICER/LEDER. ALONG WITH MOTION YOU MUST FILE A NOTICE OF DISPUTE
- MOST FORECLOSURES THE PLANTIFF SUING IS NOT THE ENTITY YOU ARE PAYING. NOW START SETTING THEM UP FOR OTHER VIOLATIONS AND BUILDING A STRONG FOUNDATION AND OFFENSIVE STRATEGY.
- MOST INFO YOU WILL GATHER WILL CONFLICT AND THAT WHAT YOU WANT! AGAIN KEEP GREAT RECORDS.. THIS IS KEY
- MOST COURTS ARE SO INUNDATED THAT JUST FILING A MOTION CAN PROLONG YOUR CASE 6 MONTHS OR MORE DEPENDING ON YOUR COURT. USE THIS TIME WISELY TO BUILD YOUR CASE AND GATHER YOUR INFORMATION.
- YOU WANT TO DELAY ANSWERING THE COMPLAINT FOR AS LONG AS YOU CAN. WHEN YOU FINALLY ANSWER THE COMPLAINT YOU WANT TO HIT THEM WITH A COUNTER SUIT THE WILL STOP THEM DEAD IN THEIR TRACKS.
ROCKET DOCKET – FLORIDA SPECIFIC
Foreclosure Rocket Dockets are Unconstitutional. Most of the arguments are made within the transcript below, but THEE MOST important requirement is that the elected judges, who are theoretically accountable to the electorate, be the ones making the hard decisions to foreclose. Accountability is an important element missing in the current regime.
We must assert our rights or they will be forever waived. If we do NOT object in court to lack of due process , jurisdiction, and the right to be heard in a meaningful way, the de facto court system will do whatever it pleases!
EVERY JUDGES FIRST DUTY BEFORE ASSUMING OFFICE IS TO SWEAR AN OATH TO UPHOLD AND PROTECT THE CONSTITUTION AND THEIR STATE CONSTITUION.
- 1. Get a certified copy from the Secretary of State to match the oath taken with the prescribed Civil Procedures for the state in question. If it does not match, and the prescribed oath clearly states WHICH oat a judge to be must take, then the requirement has NOT been met and the judge is acting in a purely de facto capacity the MUST be challenged BEFORE proceeding in court.
- 2. Submit the certified copy of the oath of office as evidence into the record, showing the judge that his or her sworn obligation, and again demand due process rights.
File your motion and get a hearing! As far as can be seen these retired judges being brought in to do foreclosures are NOT judges anymore! The key word retired means they are NO longer judges! If they refuse to remove the case you can personally sue the judges, many are in the process of doing this already!
If you find yourself in an unfortunate situation of losing or about to your home to wrongful fraudulent foreclosure, and need a complete package that will help you challenge these fraudsters and save your home from foreclosure visit: http://www.fightforeclosure.net