5 Tips For a Home Mortgage Loan Approval

Not everyone knows the most important things that he or she should keep in mind when applying for a mortgage loan. At times, they go to buy a home when they see that the interest rates and the prices of homes are coming down. However, it’s important to know that the process of applying for a home loan is different from the process of renting an apartment or applying for a car loan. It’s important that you educate yourself. Given below are 6 tips that may help you get approval for your home mortgage loan.

1. Review Your Credit Rating

Some people don’t review their credit history prior to applying for a home loan. Actually, they assume that their credit rating is already high enough, which is not the case in some cases. A lower credit rating is a big hurdle when it comes to the approval of a mortgage application. So, it’s important that you check your credit history and fix errors before the submission date.

2. Get Some Cash

Often, the requirements for a home mortgage loan change. If you are going to apply for a loan, make sure you have enough cash in your pocket. If you have no cash, your application will be rejected. You need to make a down payment. The minimum amount of down payment can be different based on a lot of factors like the type of lender and the type of loan.

3. Don’t quit your job

It’s important that you keep your job while you are going through the process. Actually, changes to your income status or job may have a negative impact on the home mortgage process.

Most lenders grant approval on the basis of the information given in the loan application. During the process, if you quit your existing job, the lender may have to evaluate your finances once again to ensure you still qualify.

4. Get rid of your debt

Having a balance on your credit card won’t stop you from getting a mortgage loan, but it’s better to have no debts to pay. Actually, your debts is a large factor that can help the lender find out if you should get a mortgage. The amount of loan you can get also depends upon this factor.

Generally, it’s a good idea to avoid making big purchases unless your application has been approved. What this means is that you shouldn’t use your credit card to finance a car or buy expensive home appliances.

5. Consider Your Budget

You should consider your budget when it comes to a mortgage loan. You shouldn’t make this decision based on the dictation of your lender. Typically, lenders figure out the pre-approval amount on the basis of your credit report and income. They don’t care about how much someone spends on fuel, groceries, insurance or daycare. So, it’s better that you stay within your budget limits.

The Takeaway

You may not want to lose heart if you don’t qualify for a mortgage loan. Instead, you should work on your finances and credit rating. You should put together a realistic plan and work accordingly.

Great Tips To Help You Work Through Personal Bankruptcy

When someone has to file for bankruptcy, it is never a good thing. The embarrassment can be overwhelming when friends discover your poor financial position. With the solid advice in the article below, you may be able to make a better choice.

Brush up on the latest bankruptcy regulations before you decide whether or not to file. Laws are subject to change, and it’s important that you’re educating yourself about current code only. A qualified bankruptcy attorney is the best source for the latest information regarding the laws in your state.

Make sure your bills are always paid by their due date and don’t simply pay the minimum amount if you want to keep bankruptcy at bay. Normally, most people only pay the minimums in an effort to stay comfortable. The downside is that this is a faster track to deeper debt.

Be honest when filling out your bankruptcy petition. An attempt to hide anything from the court can cause the court to turn down the petition immediately. It is critical that you reveal all assets and income. This shows the court that you are working to resolve the matter as quickly as possible.

You need to tell your bankruptcy attorney about all of your financial obligations, even small ones. You should include loans from friends and family as well as money owed for credit cards, medical expenses and any other loan companies.

Choose the best bankruptcy attorney in your area. Once you’ve found one, ask if they offer a free consultation. If they offer a free consultation, pay him a visit, making sure to take your financial information with you. They can enlighten you to the whole process.

Determine which of assets are safe from seizure and which are not before filing for personal bankruptcy. The Bankruptcy Code provides a listing of the various asset types that are not included in the bankruptcy process. You can determine exactly which of your possessions are at risk by consulting this list before you file. This will ensure that you do not have any surprises once you have filed bankruptcy.

If you decide to file for bankruptcy, it’s important that you’re educated about your rights. Some debt collectors like to say that you cannot file for bankruptcy on these debts. Only a few kinds of debt, like student loans or child support, are ineligible for bankruptcy. If a collector tells you your debt won’t be discharged in your bankruptcy and you know that it will, report the collector to the attorney general’s office in your state.

Bankruptcy does not mean all your debts will be erased. When filing for chapter 13 bankruptcy, you are allowed to restructure the debt so your creditors can recover some of the money you owe. Most people think paying off their debts is a moral obligation, so avoid filing bankruptcy. If you file for chapter 13 bankruptcy you will be given the opportunity to pay off as many of the debts you have as you can.

Clearly, filing for personal bankruptcy is not your only option. The information contained in this article can help you to avoid having to file for bankruptcy. Put this advice to work in your life so that you can avoid damaging your credit rating.

Foreclosure Laws in Nevada

Nevada allows both judicial in court or non judicial out of court foreclosures. As with all states in which both methods may be followed, the determining factor as to which method will be used is the existence of power of sale. If the deed of trust or mortgage contains a power of sale clause, this allows the bank to pursue foreclosure without petitioning the court to do so. Most deeds of trust or mortgages do contain a power of sale clause. This benefits the bank. This also means that most foreclosures are done non judicially or out of court. This is because it saves the bank both time and money to proceed this way.

If a power of sale clause is not written into the deed of trust or the mortgage of the home in question, then judicial or in court foreclosure must be followed. This process begins with the bank filing a lawsuit against the home owner who is having difficulty paying his mortgage. The bank does this to obtain a court order to foreclose. Once this court order to foreclose is obtained, the process of moving toward the sale of the home is the same as in non judicial foreclosure. The homeowner does receive a twelve month right of redemption when the judicial method of foreclosure is used. In this type of foreclosure, for the twelve months following the sale of the home at auction the person that lost their home at the sale can regain ownership of the house.

When a power of sale clause contains specific instructions as to when, where, and how the sale of the home is to take place, then those specifications must be followed. Most of the time, power of sale clauses are not so detailed, and the usual method of moving toward the sale date is followed.

The first step of that process is that a copy of the notice of default and election to sell the property is sent to the homeowner. This letter must be sent by certified return requested mail, to the last known address of the homeowner. This letter is to be mailed the same day it is recorded with the county in which the property is located.

The time line from the notice of sale to the actual auction of the house is usually one hundred and twenty days in Nevada. The scheduled sale date cannot be sooner than three months after the date the notice of default and election to sell is recorded with the county and mailed to the homeowner. The notice of default itself, specifies the time, date, and place the sale is to be held.

The process of curing the default, should the homeowner desire to do so, must be taken care of during the first thirty five days following the issuance of the notice of default and election to sell. This is a way to stop foreclosure. If the homeowner wants to do this, they must file a notice of intent to cure, no later than fifteen days prior to the scheduled sale date. The money required to cure the fault and stop the foreclosure sale will be the amount needed to bring the loan current. This dollar amount must be paid before noon the day before the scheduled auction of the home. If the homeowner does not come up with that money by that time, the sale will proceed as scheduled. The notice of default and election to sell will contain all the information about the sale; where and when it will occur. Most often, the beginning bid or the amount required to participate as a bidder on the home will be the amount of the first mortgage plus the fees and costs and interest the bank has incurred.

Being that most homes going to auction these days have very little if any equity in them, this opening virtually always too high for investors to take any interest in the home. This means that at most sales the property is taken back by the bank. This causes a lot of problems for the lender.

If the home is sold at auction for less than is owed on the loan, the bank has the right to seek the difference between what the sale generated and what they were owed from the former home owner. The bank can exercise this option for three months following the sale. After this amount of time, they can no longer seek that money. This is called a deficiency judgment. Most people who lose their home to a foreclosure sale do not have any other assets worth pursuing by the bank. The banks realize that it is a waste of time to try and get blood from a stone in these cases. So, unless the bank has reason to believe that the former homeowner has other properties worth equity or other assets they could take they will most likely not seek a deficiency judgment. To do so would just be flushing money and time down the drain.

Sheriff Sales – What You Need To Know

Buying a home from a sheriff sale can be a great way to purchase a home. However there are a lot of factors to consider when going to the county courthouse to find that special bargain. Read on for a list of important factors to consider when buying a home from sheriff sale or sheriff auction.

  • When placing a bid to buy a home at sheriff sale you need to be aware that a 10% down payment is required immediately proceeding the auction. This 10% needs to be in the form of personal check, certified check or cash (although some counties do not accept personal check). If you do not know how much money you are going to be able to buy the home for then you may want to obtain a certified check in the amount of the maximum that you intend to bid for a certain house and this way you have enough to cover the 10% and you do not go over the amount you intended to bid.
  • After you have successfully placed the highest bid and won an auction for a specific home you will have 30 days from then to come up with the remainder of the balance of the home. The remaining balance of the purchase price is due by certified check only. You will generally have 8 days from the date of the auction to come up with the balance in full without interest being assessed, however you will have up to 30 days to come up with the remaining balance with interest being assessed per day. If you are not able to pay the remaining balance within 30 days you can request an extension, which are not always granted, or you will be held in contempt of court and risk losing your 10% down payment. Understand that winning an auction is a legally binding agreement and you are bound to the terms of the sheriff’s department and their policies and laws for a sheriff sale.
  • Financing from traditional mortgage lenders on sheriff sale homes is usually very difficult to obtain. Most mortgage lenders will want to have a full appraisal done, inside and out, and even if you are the winning bidder of a home and pay your 10%, you still do not and will not have access to get onto the property or inside the home. Therefore, getting an appraisal is extremely difficult. Also, many homes that have been foreclosed upon and are being sold via auction have been run down, poorly maintained and also have some problems with them. Depending on the severity of these items, many lenders do not want to get involved in properties of this nature.
  • Finally, bidding usually starts at 2/3’s of the county assessed value of the home and the homes will not generally be sold for less than this. Most lenders will send a representative from their attorney’s office to the sheriff sales to bid on the homes to buy them back. Usually, lenders will not allow a home to be sold at sheriff sale for below what is owed on the current mortgage. Therefore, knowing roughly how much was owed on a mortgage prior to going to the sheriff sale is very helpful. Not all lenders send a representative to every auction to buy a home back, but most do. Sometimes, homes that do not sell at auction will be attempted to be sold again at a future sheriff sale with the starting price being decreased. This is when your opportunity to buy a home for way below market value really increases.

Therefore, it is important to understand that by bidding on a home you are agreeing that if you are the winning bidder you will pay the full amount of your bid, plus interest if applicable for the home or you can be held in contempt of court and possibly lose your down payment, along with other court costs and fees. It is wise to do your homework on a property before bidding on it to make sure that you are indeed getting a good deal. Finally know what your maximum bid is for each property that you intend to bid on and never exceed that bid. Understanding the information above can better help you to prepare for a sheriff sale or sheriff auction and help to make sure that you do not end up losing a substantial amount of money. For more information on buying foreclosed homes, please visit: http://www.gofirstsecurity.com/Purchase/buying_foreclosed_homes.htm

Banks Delaying Foreclosure Auctions to Prevent Losses

Homeowners who are behind in mortgage payments often make one mistake that, if not made, would allow them many more months to recover financially before losing their home. This mistake is when borrowers move out of their home before they are legally required to do so. And now, with the steep rise in the foreclosure rate over the past few years, there are even more reasons to stay put as long as possible.

Of course, a small number of homeowners realize the financial advantages of delaying the final move into a new apartment or rental house for as long as they can. Every month without a mortgage or rent payment is extra money that can be used to pay off other bills, keep on top of car payments, or simply save up for a security deposit or emergency fund. And as long as they still have legal rights to remain, there is no reason to move just yet.

Some homeowners even go to great lengths to get even more time from the bank to stay in their home. They do whatever they can to apply for solutions to foreclosure, request postponements of a sheriff sale, and defend the lawsuit in court for months. Finally, they file bankruptcy to drag the process out even longer. In many cases, this can result in months or years of living rent and mortgage free.

A far greater number of homeowners, though, fall behind on their monthly bills, listen to the lender’s threats of foreclosure, and simply move out of their house. The property sits abandoned while the banks takes it through the legal foreclosure process, and then it sits abandoned while the bank hires a local Realtor to sell the home. In the meantime, if falls into disrepair and becomes a victim of squatters or people stripping the property of anything of value.

However, now that banks have so many foreclosures on their books, many foreclosure auctions are simply being postponed for no apparent reason. While more homeowners than ever are applying for assistance, even more sheriff sales are being delayed. In addition, lenders are often incompetent enough to proceed with a public auction of a home even if the borrowers are negotiating for a loan modification or other plan.

This indicates that the banks are voluntarily postponing some sheriff auctions in order to avoid having to declare the loans as losses and then declaring the properties as assets at their true market values. Banks have gotten away for years with overestimating values of homes in order to inflate the values of the loans on the properties and the securities made up of these mortgage debts.

A sheriff sale, though, has the result of voiding out all of these fraudulent financial calculations. The property is auctioned off for a very small amount, and the rest of the loan is written off as a loss. Then, the bank must take possession of the house if there are no third-party buyers and declare the fair value of the home on its balance sheet. This can be quite a bit less than the appraisal stated it to be at the time the loan was originated.

Thus, banks are avoiding this problem of living in reality by postponing sale dates with ease. Even if no one is living in the property, there can be a delay in the sale — all the bank has to do is contact its local attorneys, who contact the court and sheriffs department to cancel the sale and reschedule it for the next month.

This is a new development in the foreclosure crisis that more homeowners should take advantage of. Banks do not want to own these properties, and they sure do not want to declare them at their true market values. With a little bit of effort, borrowers may be able to have the sale delayed for a quarter of a year or more, just because there is such a huge backlog of properties in some stage of foreclosure.

Which Type Of Real Estate Agent Should You Hire To Represent You?

With today’s real estate market, it is easy to purchase a wonderful property at a fantastic price. There are numerous foreclosed residences now available on the market. These residences are listed at rock bottom prices as the mortgage loan providers simply want to get the amount of revenue due to them.

Using the services of a realtor can assist you locate the best package available on the market.

Continue reading to learn how to retain the services of a realtor that is perfect for you.

Three Types Of Real Estate Agents

In modern day housing world, you will find three types of real estate agents – a buyer’s agent, a dual agent and a seller’s agent. Each one of these types of professionals represents a party in the property purchase.

A seller’s agent:

Functions for the vendor and endeavours to get them the most amount of money achievable. The seller’s agent receives a proportion of the sales price, therefore it is within their best interest to obtain the optimum sales price of the property or home.

The listing agent is always a seller’s agent simply because they have a vested interest in obtaining the optimum sales price; therefore, they always represent the vendor.

A buyer’s agent:

Is employed by the purchaser and endeavours to save them the maximum amount of money when buying a property. Buyer’s agents receive a proportion of the sales selling price; having said that, the buyer also consents to pay the buyer’s agent a portion of the sale’s price.

This contract enables the buyer’s agent to generate a good profit while representing the purchaser. Typically a buyer’s agent charges you between four and six per cent commission rate for representation.

A dual agent:

Represents both the vendor and purchaser equally. This sort of business typically takes place when a prospective home-buyer employs a broker as a buyer’s agent, and then chooses to place an offer on a property or home that the agent has listed. This particular realtor doesn’t represent either client.

The real estate agent doesn’t supply guidance to either client. The broker only works to get the deal sealed. He’ll put in place the appointments for home inspections and discuss with the mortgage company, but will not offer guidance in terms of the sales price.

This particular agency is easily the most risky to both the real estate agent as well as the seller and buyer. The legal waters can be murky in this kind of agency, and ought to be avoided whenever possible.

In the present market, there are plenty of money saving deals to be found. Prior to hiring any real estate professional it is crucial that you are aware of the different types of agency offers available.

This article has discussed every type of realtor accessible to both sellers and buyers.

Utilise the information and facts above prior to seeking that perfect property or home. Then, venture out there and locate your real estate agent. You’re going to be rewarded with a wonderful bargain.

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).