Broker Price Opinion Outsourcing and Management

As the market improves and less foreclosures hit the market, the volume of Broker Price Opinion’s decreases significantly. Many realtors find it easier to acquire business on the listing end, and thus many drop out of the BPO scene altogether for greener pastures. What does that mean for the remaining BPO agents? More volume. It is the equivalency of the middle class getting squeezed and all the money getting sucking up by the 1%. Survival of the fittest is the name of the game and only the agents with the most streamlined systems, leveraged manpower, diversified portfolios, and inside connections with asset managers are still in the game. It also makes sense from a financial point of view to have simplified Broker Price Opinion management. Does it cost more for a valuation company to assign 1 Agent 100 orders or 100 agents 1 order? Logical, yes. Ethical… that’s another debate.

So what are the secrets for having a streamlined system, leveraged manpower, diversified portfolios, and inside connections with asset managers?

1. Streamlined System – As a BPO/REO agent you need to have a complete system for broker price opinion management. A system which tracks every order for general accounting. A system which organizes each tax record, document, and note pertaining to the property. If outsourcing Broker Price Opinions, a system which gets the assignment round trip from you to the assigned and then back to you in completed form, with you receiving status feedback throughout the trip (think auto email responders). And oh, it needs to be timed! Turning over orders in 24 Hours or less will net a significant increase in business over standard 48 hour turnaround time.

2. Leveraged manpower – A valuation company solicits out 100 orders in your coverage area. This company has been dead for 2 months and now is your chance to prove yourself as a viable high volume agent. This is when Broker Price Opinion outsourcing becomes so powerful. If you have the manpower to fulfill these orders then the companies catch on quickly that you have the ability to output high volume work, thus they turn to you the next time they need a Go-To agent, creating a snowball effect.

3. Diversified portfolios – This is such a crucial aspect of the business. Many agents get in a groove with one or two high volume companies and neglect working with any other companies. In a quickly changing world, some of today’s slow BPO companies are tomorrows future so don’t stop signing up to new companies and/or reapply to old companies which rejected your application years ago.

4. Asset Manager Connections – Create ways to be heard. There are thousands of agents in the field so you need to advertise how you’re truly a cut above the rest. Every assignment email solicitation has the name and email, often even the phone number of the person who will be quality checking your orders. Sometimes the asset manager’s information will be listed on the form. Treat these as leads and contact to solicit more orders. Maintain an open phone and email line. Respond to quality controls as quick as possible.

5. There is no point 5 but it’s always supposed to end on an odd number, right?

Bank Owned Auctions: Educate Yourself Before Bidding

It seems that everyone wants to buy foreclosure properties. This is not surprising, because foreclosure homes are the only real estate properties that are within the capacity of many people to buy due to their very low prices.

Real estate experts are swearing on how easy to get rich with properties that have been foreclosed because their owners defaulted on their mortgage payments. There is no doubt that there are great opportunities to be had in buying foreclosure properties. But even if foreclosures are the best investments in the market, you cannot expect to become successful overnight. If you want to do it right and do it successfully, educate yourself first about the foreclosure investing market.

The Auction Process:

One of the safest ways to buy foreclosures is at bank owned auctions. Why? Because the properties sold at bank auction are free of liens. But first, a little bit of background on how properties get to be called bank owned.

Owners of houses that are behind in payments and failed to work out any arrangements that can make their accounts current have no choice but to relinquish their properties to banks where they took out loans.

Banks consider foreclosure properties as non-performing assets. As such, they would like nothing but to sell these foreclosure properties immediately to recover their money to invest on other ventures. They will place these foreclosure properties on auction to allow interested buyers to bid on them.

Advantages of Bank Owned Properties:

For one, you do not have to worry that bank owned properties have unpaid taxes or other liens. Banks will make sure that all properties sold at bank auctions have clean titles. This means no encumbrances that may give reasons to buyers to turn their backs on the deal.

Banks do not want to have a long list of foreclosure properties on their portfolio. Clean titles and low prices are just some ways banks can attract potential buyers for their properties. Furthermore, you do not have to worry about overstaying tenants in bank owned homes. Preparing yourself before investing in foreclosures will make the process go easy and smoother.

Foreclosure Rights – Defense by Recoupment in a Foreclosure Case

If you are a practicing attorney: Are you using Defense by Recoupment under 15 U.S.C. 1640(e) as a strong affirmative defense for your clients?

If you are a consumer: Have you had your loan (from day of application to current) audited by a forensic consumer debt analyst?

I get a fair amount of “conspiracy theory ” calls or emails people who would swear that the CIA was covertly involved in the loan they signed for and that all measures of fraud occurred against them by everyone involved and… you get the point. My first question to this person is always: “Great, so are you prepared for the $15,000+ retainer a good attorney is going to want to spend their time investigating, quantifying, pleading and trying a case like that? Well, you know the answer…

Others have read (or have heard) that a loan audit and violations of the TILA can only help you if it’s a refinance loan on a primary residence in the last three (3) years. To have the EXTENDED RIGHT TO RESCIND, these conditions must be in place but rescission isn’t the only thing that can help someone in (or in danger of) foreclosure.

When it comes to defending yourself against foreclosure the first order of business is to establish clear and genuine issues of material fact in the case. In a Florida foreclosure defense strategy, the client wants to quantify these genuine issues of material fact in the foreclosure case because no judge should ever grant a motion for summary judgment. Why?

In the state of Florida, there is extensive established law that prevents summary judgment from being granted when there are outstanding issues of material fact. Johnson v. Boca Raton Community Hosp., Inc., 985 So.2d 141, Murphy v. Young Men’s Christian Association of Lake Wales, Inc., 974 So.2d 565. A “material fact,” for summary judgment purposes, is a fact that is essential to the resolution of the legal questions raised in the case, Continental Concrete, Inc. v. Lakes at La Paz III Ltd. Partnership, 758 So.2d 1214.

Successfully defeating summary judgment is a big score in favor of the consumer and can greatly improve the chances of obtaining a viable and fair workout and thus ultimately, avoiding foreclosure.

So, one area of practice Lane Houk and his team help consumer attorneys with is by completing a forensic loan audit on the client’s loan documents from the day they applied for that loan through to current day. Why would a foreclosure client want this done? Let’s think about it…

  1. Often times, the client did not receive proper “pre-closing disclosures” under both Truth in Lending laws (TILA) and Real Estate Settlement Procedures Act (RESPA);
  2. Especially when there was a mortgage broker or interim lender involved
  3. The actual “lender” in the transaction was under same timeframe obligations to make specific disclosures to client from the day they received application
  4. The many servicing abuses which could have taken place from day of closing to current
  5. Insufficient amount of certain disclosure violations
  6. Escrow mishandling abuses (I’ve seen people nearly lose their house to a bona fide mistake the bank made but wouldn’t budge until a good attorney got involved)
  7. The list goes on…

Under the TILA civil liability section [15 U.S.C. 1640(e)] regarding violations it says that any action under that section may be brought in any United States district court, or in any other court of competent jurisdiction, within one year from the date of the occurrence of the violation. But, that subsection does not bar a person from asserting a violation of this subchapter in an action to collect the debt which was brought more than one year from the date of the occurrence of the violation as a matter of defense by recoupment

A consumer can only bring an action for damages within one year from the date of closing. However, the consumer is not barred from bringing a claim as a “matter of defense by recoupment” in a foreclosure action because a foreclosure action is an action to collect the debt. (ie. almost all foreclosure complaints are served with some level of disclosure that “this is an action to collect on a debt”) however NOT disclosing that does not necessarily preclude that any such action is NOT an attempt to collect on the debt.)

Any such quantified claim of a violation of the TILA (Truth in Lending Act) from an expert audit report should be brought as an affirmative defense by the attorney. This is a rock solid issue of material fact. No summary judgment. The lender will have to bring the action all the way through to trial. This should give you much greater leverage to obtain a workout. At the very least, this give you/your client much greater time in the house and time to try to work something out that works for both parties; something that is much needed these days because I still see a great deal of servicer abuse/misprepresenations happening every single day.

I hope this little insight gives you some ideas on how you can help yourself in a foreclosure case. If you want more information on forensic loan audit, please call me at (800) 985-4685 ext. 2 or by email at [email protected]

© Lane A. Houk – 2009- All Rights Reserved

Pro Se Primer 101 – 3 – Constitutional Irreducible Minimum Requirements of Standing in Foreclosure

STANDING AS DEFINED BY THE UNITED STATES SUPREME COURT

“Why put all of the blame on the attorneys? Hell, most of them don’t know the law.”

If you were to walk into a 2nd grade elementary school class room and see that all of the boys are standing on their desks shaking their butts, laughing and shouting, and throwing things at the girls in the class, who respond by screaming and running, and then you notice that the 2nd grade teacher is setting at his desk doing nothing to stop the chaos, would you really blame, the children?

No, it is the teacher who is charge of the room. If the teacher does not enforce the rules of classroom behavior, then the children will act like wild monkeys. How would they know not to?

It is no different than the judge in the court case who is charged with controlling and enforcing correctness in information and procedure in a court case.

If the judge does not enforce the constitution, which is all that keeps this country great;

If the judge does not make the attorneys prove their claims and/ or does not keep them from claiming transfers of ownership of essential Promissory Notes with assignments of incidental security instruments (mortgage or deed of trust) which do nothing but describe the collateral, then, of course the attorneys are going to forge and fake and lie, worse than wild monkeys;

Then lack of subject matter jurisdiction is the fault of the judge of the court. He or she places the burden of proof of standing on the borrower (very nearly every time), yet it very clearly is the burden of the court.

The judge promised when he took the job that he, or she, would enforce and protect the laws that come from the constitution and that they defend the court ferociously from losing the public trust. Maybe that was too much to ask from a pompous ass.

Why did we all expect more of judges and attorneys anyway?

If I am any part of the public, then I can tell you for sure, the courts have lost some of the public trust.

It is difficult to pull Borrowers back from their searches for Promissory Notes, Assignments of Mortgage, MERS, PSA etc., etc., thinking like Dick Tracy and looking for a way to “prove” that the party trying to foreclose on them does not have the authority, or, STANDING, to do so.

But, if what I say is true and the judges are letting the attorneys run amuck like the 2nd graders in my description, who can blame the attorneys for running amuck. “Amuck” is quickly becoming synonymous with the “actions of the courts”.

If you had seen judges simply ignore proof when it is presented as much as I have, then what I am really trying to say is that this whole thing is only about Standing and in constitutional law only the court (the court is the judge and the judge is the court.) has the initial burden of determining if the foreclosing party is a Plaintiff with Standing.

It is only the Supreme Court that has original jurisdiction over all issues of Constitutional rights. No state judge or local judge should claim that they have superior jurisdiction to the Supreme Court and it’s decisions.

The way it has been practiced for the last 15 to 20 years has been exactly the opposite.

The judges have been sitting up there on their hands on the bench and waiting for the Borrowers to describe what the foreclosing party was up to and forcing the Borrower prove it. These cases nearly always begin with the judge placing the burden on the Borrower to prove what the Foreclosing Party has tried very hard to hide. That is a ridiculous premise. John Adams, Thomas Jefferson and the rest thought so too.

If an act of fraud is working here, then by definition the act was meant to be kept hidden.

How would the Borrower prove or disprove something he was not privy to. It is the foreclosing party who must claim that he has been wronged by the borrower and it is this same foreclosing party that must prove it (not claim it) with evidence which is “concrete and particularized”.

So, the way it works in reality law is that the judge cannot even preside over a case until he reads what the Plaintiff (in judicial states and defendant in non-judicial states) has written in their lawsuit to make the claim that the court should hand them the deed to your home and that they should get to sell it and keep the money. How this has been allowed to happen illegally ten million times is a shameful disgrace for the majority of our judiciary. It is truly unbelievable. Not untrue, just unbelievable. (There have been many beautiful and sane rulings also, but it is nowhere near “fair” yet.)

It would be very difficult for me to show you how Challenging Standing s is supposed to be working, because no one is doing what I am doing, so it is still, in essence, only in my head. There are hundreds of citations concerning case rulings on the subject, but they are mostly contract law cases from other industries. Home Loans funded with a Promissory Note are all contract law, but no one is doing it enforcing them is the correct way as required by United States Constitution, the basis of all American law.

That doesn’t change how it works with your home loan, because contract law is what governs home loans.

So, since it is the judges burden to know that he or she has subject matter jurisdiction, which he needs to even begin the case, he must see the proof of standing the Foreclosing Party wrote in his lawsuit.

Borrowers, before anything else, you must first understand the proof that is required to establish Standing. If prooff has not been presented and the judge rules without Standing and therefore without subject matter jurisdiction, then he has broken the law and this is the only situation where a judge does not have “absolute immunity”.

If he rules against you, right or wrong, without having “subject matter” jurisdiction he has done so as a “civilian” and if has barred you from any of your constitutional civil rights, he is liable to you for any money or property harm that you have suffered. You don’t really sue the judge as a judge, you sue the man or woman who acted as a judge without the requirements needed to create a legitimate court with subject matter jurisdiction.

There was no legitimate court for any foreclosure case that I have ever seen. I have seen as many as anybody.

So, first things first. Review, slowly and carefully what the US Supreme Court has determined is the constitutional minimum requirements for Standing. The words they use is the strategic offense you will use to keep your house safe from anyone that you do not owe the money to.

Let me know if you can see how those words fit your situation. If not, we will go over them again before moving on, as to how and when we would apply them.

Below is an actual paragraph from my own motion to vacate a void judgment of foreclosure.

Plaintiffs have filed to Invoke their Rights to Challenge the Standing of the Defendants at any Time Under Article III of the United States Constitution earlier into this court case, yet this court failed to even mention or give any recognition that the court had even read the Borrower/Plaintiffs’ invocation of this fundamental constitutional civil right, which was foremost the responsibility of this court.

Plaintiffs state as follows and the court ignores at its own peril:

1.) That Article III of the Constitution of the United States and the Supreme Court have established a constitutional irreducible minimum set of requirements for a party in a genuine dispute to establish Standing. Without Standing of the Foreclosing Party, all courts in the land must acknowledge that the court has no jurisdiction to hear any merits of a case and must dismiss the subject action, in this case the void and fraudulent foreclosure of Plaintiffs’ property.

1a.) That only the United States Supreme Court has original jurisdiction over constitutional question issues.

(The decisions of the United States Supreme Court, whether right or wrong, are supreme: they are binding on all courts of this land, Hoover v. Holston Valley Community Hospital, 545 F. Supp. 8, 13 (E. D. Tenn. 1981) (quoting Jordan V. Gilligan, 500 2 F.3d 701, 707(6th Cir. 1974).

(The lower courts are bound by Supreme Court precedent, Adams v. Department of Juvenile Justice of New York City, 143 F.3d, 61, 65(2nd Cir. 1998)

(Walker v. Quality Loan Service Corp. of Washington et al., No. 65975-8-1)

(Washington State Supreme Court, Bain v. Metro. Mortg. Group, Inc., et al.175 Wn.2d 83, 285 P.3d 34 (2012))

2.) That the requirements in a case of Non-Judicial Foreclosure actions are:

1. The foreclosing party must claim and prove with concrete and particularized evidence that it has sustained and Injury in Fact.

2. This Injury must be fairly traceable to the foreclosed party with concrete and substantive evidence.

3. The court must be able to redress the injury with a ruling in favor of the injured party.

3.) That if it is the alleged foreclosed party that is the claimant party then it must also 1. claim and prove an injury in fact. 2. Its’ injury must be fairly traceable to the foreclosing party. 3. Its’ injury must be able to be redressed by the court.

4.) That the United States Supreme Court defines the requirements of Standing as:

3.1.B. The Constitutional and Prudential Requirements of Standing

Inherent in the constitutional limitation of judicial power on cases and controversies is the requirement of “concrete adverseness” between the parties to a lawsuit. The rise of public interest law litigation involving claims of non-economic loss has forced the Supreme Court to craft an analytical framework for determining whether the requisite adversity is present. The Court requires that plaintiffs establish that the challenged conduct caused or threatens to cause them an injury in fact to judicially cognizable interests. By establishing that they personally suffered injury, plaintiffs demonstrate that they are sufficiently associated with the controversy to be permitted to litigate it. The question of injury raises two questions –

(1) what kinds of injuries count for purposes of standing and

(2) how certain the injury must be if it has not yet occurred.

3.1.B.1. Injury in Fact

The Supreme Court has held that, to satisfy the injury in fact requirement, a party seeking to invoke the jurisdiction of a federal court must show three things:

(1) “an invasion of a legally protected interest,”

(2) that is “concrete and particularized,” and f

(3) “actual or imminent, not conjectural or hypothetical. The following section discusses several types of injuries considered by the Supreme Court in determining whether there is a legally protected interest.

3.1.B.1.a. Economic Interests

The Supreme Court has had no difficultly determining that economic interests are legally protected interests. More difficult is determining when economic injury that has yet to occur is sufficiently imminent and likely to confer standing. The Court has been relatively forgiving in this regard. Economic injury need not have already occurred but can result from policies that, for example, are likely to deprive the plaintiff of a competitive advantage or a bargaining chip. In Clinton v. New York, for instance, the Court held that New York had standing to challenge the veto of legislation permitting the state to keep disputed Medicaid funds. The veto left the state’s ability to retain the funds uncertain, subject to the outcome of a request for a waiver. Despite this uncertainty, the Court regarded the “revival of a substantial contingent liability” sufficient to confer standing.

3.1.B.5. Injury Fairly Traceable to the Challenged Conduct

In addition to alleging injury in fact, the plaintiff must demonstrate that the injury is fairly traceable to the defendant’s unlawful conduct. In cases in which the government acts against the plaintiff, causation is simple.

3.1.B.6. Relief Sought to Redress Injury

A corollary to the Supreme Court’s requirement for standing, that the injury alleged be fairly traceable to the challenged conduct is the separate requirement that the relief sought must redress the injury. In the great majority of cases the inquiry into causation and redressability are indistinguishable.

Thus, in Warth, the Court held that there was no reason to suppose that the elimination of exclusionary zoning would enable the plaintiffs to obtain housing in Penfield. In Eastern Kentucky Welfare Rights Organization, the Court held that there was no reason to think that revoking the IRS Revenue Ruling at issue would assure that the next ill or injured poor person would be admitted to a hospital.

Furthermore, in Allen, the Court held it was entirely speculative that revoking tax-exempt status for allegedly discriminatory private schools would serve to foster public school integration. What is peculiar about the Court’s concern for redressability is the elevation of the question of remedial efficacy to constitutional status.

While the scope of equitable relief to redress unlawful governmental action has long been a matter of controversy, not until City of Los Angeles v. Lyons did the Court clearly articulate the requirement of remedial efficacy as a constitutional component of standing. The plaintiff in Lyons sought damages and injunctive relief after being choked by city police officers. He alleged that the city permitted the police department to use unnecessary choke holds indiscriminately. The Court conceded that Lyons had standing to sue for damages. However, the Court held that he lacked standing to seek injunctive relief, as an injunction would not redress his injury because it was unlikely that he would be arrested and choked again.

You really aren’t trying to outsmart attorneys or that joke of an entity the foreclosing party. What you really want to do is to place the judge in as much of a pickle as you are in (jeopardy).

BPO Questions and Answers – 10 Secrets for Completing Broker Price Opinions Like a Pro!

The BPO business is an exciting niche of the foreclosure industry to be in today. Whether you are a veteran real estate agent or you are brand new to the business, real estate agents typically spend several hours every week creating comparative market analyses (CMAs) for potential clients with the hope of landing a listing or convincing a buyer to make an offer. In the end, every agent hopes that their CMA will result in a nice paycheck; but this is not always the case. When you complete a BPO, however, you are certain that the report you spend an hour or two completing will result in some additional income for that month.

So what is between you and that pay check when you complete a BPO? Other than the obvious need to photograph the property and complete the report, there is a department of every BPO company that is in charge of quality control. If you cannot get past this department, then you will not only delay how quickly you get paid, but it will determine if you will receive any additional BPOs from that company. Also, if your orders are turned in on time and without errors, your chances of selling that property when it gets foreclosed on increased because the banks know you are a reliable real estate agent.

After completing over 2000+ BPOs over the past 18 months I would like to share with you 10 Secrets to Completing Your BPO Reports Like a Pro:

1. Immediately upon acceptance of a BPO order, read the confirmation email and write down the DATE and TIME that the order is due. Note the time zone of the due time as it may be different than your current time zone. Not paying attention to this can make the difference between a report that is turned in on time and one that is late.

2. Note whether the order is an exterior or interior BPO. If it is an interior, look for point of contact (POC) information to gain access to the property as soon as possible. Also note what photos are required. There is nothing worse than forgetting to take the right photos. It is better to take too many photos than not enough.

3. Most BPO companies have a website that you log into to complete the report. Be sure to log into that company’s website and read the full details of that report which will include the guidelines for that report. This will save you a lot of trouble in your analysis of the property and when you go to research comparables.

4. Pull the tax record and/or call the County Assessor’s office to learn as much as you can about the property. Note the property’s parcel number, market and land assessment values, if the property is residential or commercial, current property taxes for the entire year, if any taxes are delinquent and what year the last assessment occurred. The property taxes will be provided by the Treasurer’s Department.

5. If you do not have access to the interior information of a property, call the BPO company and ask if they have a previous appraisal on file. Also, if you are having trouble finding comparables, then call the BPO company’s quality control department and ask for guidance. They can usually help you to properly expand your search criteria to find additional comparables and will make notes in the system that will prevent you from getting your order kicked back. When all else fails, find the best comparables available and provide thorough details in the report as to what criteria you expanded on and why.

6. During the completion of some reports you will be required to make adjustments to comparables. This process can be tedious and time consuming if you do not know how to do them. My best suggestion is to look at your market and determine how different attributes such as square footage, bedroom count, bathroom count, age and lot sizes vary in terms of added benefit to a property. From here you can create a system in which you can adjust for differences between the subject property and the comparables you have chosen. Remember, you only make the adjustment to the comparable with respect to the subject property only, not between each comparable. This process acts to put all of the comparables on an even playing field when evaluating them against the subject property so a bigger picture of the subject’s fair market value can been assessed.

7. When selecting comparables, make sure that the interior square footages of the comparables bracket that of the subject property. For example, if the subject is 1000 square feet above-grade, the comparables could be 800 sqft, 950 sqft and 1100 sqft. These comparables would bracket the subject because 1000 sqft is between 800 sqft and 1100 sqft. Also, all square footages are measured in terms of gross livable area (GLA) and include only square footages above-grade (ground level). Basements are not part of a property’s GLA because they are below ground level.

8. The final value for the subject property should be bracketed between the lowest and highest selling SOLD comparable. For example, the final value is $100,000 and the sold comparables have values of $91,000, $98,000 and $103,000. As a result, $100,000 is properly bracketed between $91,000 and $103,000. Your active comparables do not have to bracket the final value. In most markets, the active comparables are priced above the final sold value unless the market is declining significantly each month.

9. Your final value should also be within the range of the subject’s neighborhood sold values for the past 12 months. This is typically what is asked for when a report is looking for the ‘neighbor values’. For example, the final value is $100,000 and your lowest selling home in your subject’s neighborhood is $55,000 and your highest is $165,000. The $100,000 final value would be properly bracketed within the subject neighborhood’s range of values.

10. Be sure to double check your entire report for spelling and grammar errors before submitting it. You will also see that many BPO companies have a quality control checker or validation tool that looks for errors in the report. This only checks to see that your numbers are within the acceptable guidelines and will not check for spelling and grammar errors. If you run into quality control errors, then it is vital that you review them thoroughly and write explanations for why you had to exceed the BPO company’s provided guidelines on each and every aspect that is mentioned. The more information you provide, the less likely the report will be flagged and returned by the quality control department.

There are a lot of variables that need to be taken into consideration during the BPO completion process. Hopefully these secrets that I have shared with you will help you complete your BPOs faster and save you from wasting additional time answering the questions of your BPO company’s quality control departments.

Buy A Short Sale Home At Heavily Discounted Prices

You may have been reading or heard about all the money that you can save today with the purchase of a short sale home. Many people who do not even have any experience with buying homes or real estate investments are now buying these homes with great success. This is, however, a process that must be fully understood before being undertaken.

When you are buying this real estate, you are essentially purchasing a home at a heavily discounted price. The words “Short Sale” basically mean that the seller’s lender is willing to accept a payoff amount less than balance of the current mortgage. You can make offers on homes, which the seller and their lender will then consider. Both the seller and the lender must be in agreement for the short sale to be accepted.

Lenders will most often allow a home to be listed for short sale if the current buyer has fallen behind on mortgage payments or has completely stopped making payments. However, in some cases a lender might allow the current buyer to list the home as a short sale even if they are completely current on their mortgage payments. Situations like this may happen when the buyer has become “upside down”(owing more than the home is even worth) in the home due to the real estate market value dropping.

If you are considering buying a short sale house, it is vital that you do some investigation once you have found a potential home. Finding out whether a foreclosure notice has been issued and learning the amount that is still owed on the home, information that an agent can obtain for you, will help you in deciding if this is a good chance to make an offer. Lenders that offer a home that they are foreclosing on may be more motivated than those who have homes that the buyers are still making payments on. Knowing the amount owed is helpful since it will give you an idea of the finances behind the deal: How much the lender might be willing to sell for. Getting all of the pertinent information can save you a bundle when you are purchasing these properties.

Learn How To Challenge The Banks Authority To Foreclose! Keep Your Home – Know Your Options

Do you know that there are laws the banks and Judges have tried to keep hidden from us for over the last 75 years? They cannot keep us shut ignorant forever, this information is coming out and becoming known from many sources. These legal remedies that can save your home. Thousands of homeowners are losing their homes daily! Let’s stop this trend. Get informed.

Most people do not know how the banks work for. The banks act as exchangers, what they are exchanging is a security interests (promissory notes) into Federal Reserve Notes. This is like changing Euro’s into Dollars. They are given one form of currency and exchange it for another. The exception is the promissory note is of the same exchange rate of the Federal Reserve Note.

“When you or I write a check there must be sufficient funds in our account to cover the check, but when the Federal Reserve writes a check there is no bank deposit on which that check is drawn. When the Federal Reserve writes a check, it is creating money.” — Putting it simply, Boston Federal Reserve Bank

My eBook will give you areas to research so that you will gain a better understanding as to what is actually going on. Everything in this book will be verifiable and will allow you to be a stronger negotiator when dealing with the banks and courts. Yes, I did say courts. You may be faced with either suing or being sued by the bank. It’s not as scary as you may think. There are things you will be able to do that will win the day even when dealing with a dishonest judge, which most of them tend to be.

It is my hope that this information will start you on a path of knowledge and discovery and will help you be free and free of debt. This is not a cure all for those in foreclosure. It is a series of steps that can give you breathing room against the banks’ deception so that you can learn how to defend yourself and challenge their legal authority to foreclose. The banks actually do not have the legal authority to foreclose and when challenged correctly, they have to go away. When that happens, you owe nothing to them and own your home. For more information go to http://www.howtostopforeclosure.webs.com – Fear no more. Know your options.

5 Ways to Stop Foreclosure Immediately – Don’t Let the Bank Destroy Your Family

There are various ways to stop foreclosure immediately, but the most common way homeowners can prevent foreclosure is by using the loan modification process. During this time of financial unrest, getting out of a bad financial situation is not really unheard of. Families today have options and lenders are willing to work with your family to keep you in your home. The following ideas could help keep the stress off your shoulders and the creditors and loan collectors off your back.

1: Refinance your original loan. Money lenders will consider foreclosure refinance loans if they feel you will not neglect making payments to them. Qualifying for refinancing is tough and the requirements are strict. The requirements include equity from your home and a steady income. Although the payments may turn out to be higher some homeowners prefer to start off fresh and use refinance as one of the ways to stop foreclosure of their family home. But let’s face it; there has to be an easier way.

2: Selling to a relative or close friend to prevent foreclosure may be your only way out temporarily. You will be out of your financial situation and be able to have them carry you for a while until you land back on your feet. You can lease or rent back the property from them until you are financially able to buy the property back. But if you don’t feel safe or trusting with the people you’ll be working with; this option may turn into a way for family or friend to make a quick profit selling your home at a reduced rate.

3: Try bankruptcy to stop a foreclosure in progress, but this can become an expensive alternative. The amount of payments which need to be made to satisfy the creditors and bankruptcy costs make this an option for those who have a large amount of disposable income. Let’s face it if disposable income is available your family wouldn’t be in this situation.

4: One of the easiest ways to stop foreclosure immediately is to sell the property outright before the foreclosure has time to proceed. If you can get enough for your home paying off your debt in time will stop the foreclosure from proceeding but will leave your family looking for a new place to live.

5: Work with an online loan modification service to prevent or stop a foreclosure from going through. This type of service will work with your lender to help rework your arrangement in order for your family to keep their home. The banks would prefer to get paid and not have to deal with trying to sell your home. This option will at the very least help you to repair your credit and hopefully prepare you to purchase another home in the future.

Foreclosure – How Long Before I Lose My House?

Many homeowners have questions about how foreclosure works and how long they have between when they miss a payment and when the bank actually forecloses. If you’re wondering how long you have before you have to leave, it depends on whether your case will be handled in a judicial foreclosure or in a non-judicial foreclosure. Most states allow both, but some states only allow one or the other, so you’ll have to research to find out which your is for sure, but there’s a good chance yours will be non-judicial because it moves faster and costs less for the lender.

All Foreclosures

– You miss your first payment (for example, we’ll say this is your July payment and it was due on July 1).

– Your grace period expires (usually 15 days) and you haven’t paid. Your payment is now considered late by your lender. It’s not uncommon to begin getting letters or phone calls from them at this point. Don’t ignore these phone calls.

– At most lenders, once you’re 60 days late (September 2 in our case), your loan is considered in default and the lender can begin either the Judicial or Non-Judicial foreclosure process. To bring your loan current at this point, you’ll usually be required to pay all past due amounts (your July and August payments), all late fees, and your September payment.

This is where lenders have the most flexibility in the process. They aren’t required to enter the foreclosure process simply because you’ve fallen a certain number of days behind. If you’re in communication with them and have worked out a plan to get back current, you can stay out of foreclosure altogether, but you have to take action.

Judicial Foreclosures

– Your lender’s lawyer will file a complaint with your county courthouse and request a court date. This typically doesn’t happen until you’re over 90 days late.

– You’ll be served a notice of this complaint.

– A hearing will be held in your county to determine the sufficiency of the complaint. If you believe you have legal grounds to dispute the foreclosure, this is where you and your lawyer would argue those grounds. At the end of this hearing, the judge will rule whether the complaint is sufficient or not. If it is, the foreclosure sale will be scheduled and your credit record will be marked as having a foreclosure. If it’s not sufficient, the judge will dismiss it. How long all of this takes is dependent upon the courts in your area. Typically, it takes about 30 – 60 days.

– A date will be set for redemption of the property if your state laws stipulate. You can still bring your loan current (including fees, etc) until the redemption date. Even if the house has been sold and someone has moved in, if the redemption date hasn’t passed, you can still get your house back…if you can get enough money.

– A date will be set for the foreclosure auction. This usually happens about 30 – 45 days after the sufficiency hearing.

*** A Judicial foreclosure typically takes anywhere from 6 months to 2 years from start to finish. ***

Non-Judicial Foreclosures

– Your lender will send you a Notice of Default in the mail.

– Your lender will send you a Notice of Sale to tell you when your home will be sold at the foreclosure auction.

*** A Non-Judicial foreclosure typically takes anywhere from 1 month to 1 year to complete. ***

All Foreclosures

– The foreclosure sale happens and your house is sold. In approximately 90 – 95% of cases, the owner of your first mortgage wins the auction because they bid the amount that you owe on that loan and usually no one else will go higher than that.

The owner of your home then contacts the county sheriff who posts a notice of eviction on your door. This notice gives you 24 – 72 hours to leave the house and have all of your possessions out. If you’re there when the sheriff returns, he will escort of off the premises and anything left on or in the property will then belong to the new homeowner.

DIRTY DEEDS DONE DIRT CHEAP: The Successor Trustee & Non-Judicial Mortgage Fraud

“Pick up the phone, I’m here alone, Or make a social call

I’m always home. Call me any time.

Just ring 362-436-####

I lead a life of crime

Dirty Deeds Done Dirt Cheap!

Dirty Deeds and They’re Done Dirt Cheap!”

-Rock Band, AC/DC

This article has been inspired by the six foreclosure mill law firm appointees Successor Trustees which were granted by foreclosing parties in Missouri which is a non-judicial foreclosure state. These successor trustees received these appointments from fictitious foreclosing parties to fraudulently foreclose and evict 14,400 families, in Jackson County Missouri alone, each year for the last five years.

Jackson County is a medium-sized county in the United States.

This is the largest Ponzi scheme the world will ever know. The number of parties which are co-conspirators in some way is legion. Yes, it is a conspiracy, of that there is no doubt.

BUT REMEMBER, THAT THE FACT THAT YOU ARE PARANOID DOES NOT ELIMINATE THE POSSIBILITY THAT SOMEONE IS OUT TO GET YOU!

OK, I have just had it. I am right. You can’t work on one subject for 6 years, 7 days a week and not understand the material. I am likely no genius, but I have often been told that I am very smart. Very smart? I don’t know about that, but I am right about all of this.

There really have been over 20 million criminal foreclosures in the U.S. during the last 15 years. There are about 3 people per family, so that comes to 60 million American refugees forced from their homes with the stupidest, yet successful, Ponzi scheme of all time. Each and every wrongful and illegal non-judicial foreclosure has been allowed by our U.S. Congress, the DOJ, and the U.S. Court system.

I am not seeing this real scoop anywhere on the internet. We have a bunch of attorneys with websites spewing out information meant to convince you that they are very smart and they can sell ads in the blank spots on their website if you visit it. But, do you really care about the latest big ruling where the Borrower almost wins? Of course not, you want to know how to save your house. Or, if you are a true intellectual you want to know how to save your country.

Here is the real deal. In a judicial foreclosure state there is a normal home loan which include the logical two the parties, a borrower and a lender who have a home loan contract. One to loan some money to the other who wants to borrow some money to buy a house, preferably while are they are still less than 60 years old.

These are the Judicial foreclosure states:

Connecticut, Delaware, Florida, Hawaii, Illinois, Indiana, Iowa, Kansas, Kentucky, Louisiana, Maine, New Jersey, New Mexico*, New York, North Dakota, Ohio, Oklahoma, Pennsylvania, South Carolina, Vermont, and Wisconsin

The foreclosing party must file a lawsuit that is between the two parties, the Borrower and the Lender. Since this happens in the court it is the most fair of the two, but unless good men and women do the right thing evil will still win

But, over the years, the fellows known around town as “bankers” went around visiting with the folks we voted to represent us in our state legislatures called “attorneys”. The bankers convinced the attorneys (I know it sounds backwards, but it is true) that they needed the ability to more quickly foreclose on borrowers.

In 26 of the 50 states they agreed to create the system of Non-Judicial Foreclosures.

I am not making this up. I know that the hyphenated word Non-Judicial appears to many, myself included, to mean that the Borrower signed something that seemed to take away his constitutional right to the Due Process Clause. (We can work with it, but you really need to study this) It didn’t, but it made it much harder to win wrongful foreclosure cases fairly.

The Due Process Clause comes from the 5th and 14th amendment as the “RIGHT TO BE HEARD”. Now this has mixed up a lot of judges. Some because the don’t read or watch TV. Some because they aren’t smart enough to understand the constitution. Some because they are just bad people.

But don’t believe judges are all bad. Because there are many judges who are getting it correctly. There are fine men and women with very intelligent minds ruling with the borrowers.

Although, I have been unlucky enough to have not run into them much.

But, anyway. In a non-judicial state the party wanting to foreclose is claiming that he:

1. has the right to collect money from you,

2. can declare that you have defaulted if you don’t pay him the money you don’t owe and

3. has the right to foreclose on you out on the court sidewalk out of sight of any court and get a deed to your house. It is not a very strong deed, more like a lien on your title, but it can get you evicted although you still have the right to sue to get it back (unbelievable right?)

In the Non-Judicial foreclosure states the foreclosing parties have used the strategy of chaos and anarchy to pass laws that really just don’t make any sense.

The non-judicial foreclosure states are:

Alabama, Alaska, Arizona, Arkansas, California, Colorado, District of Columbia, Georgia, Idaho, Maryland, Massachusetts, Michigan, Minnesota, Mississippi, Missouri, Montana, Nebraska, Nevada, New Hampshire, North Carolina, Oregon, Rhode Island, South Dakota, Tennessee, Texas, Utah, Virginia, Washington, West Virginia, and Wyoming

In a non-judicial foreclosure state there are 3 parties to a home loan. A borrower, A lender, and a Trustee who is holding the home loan for the borrower and the lender. This is like in a horse race.

The borrower can still win in these states, but it is much more difficult than in judicial foreclosure states where the foreclosing party must file a normal lawsuit and the borrower has a more fair way win before a judge, or the borrower can demand a jury trial. This is becoming a very popular strategy in all states.