I Can’t Afford an Attorney to Help Me Defend My Home From Mortgage Fraud

“A settled plan to deprive the people of the benefits, blessings, and ends of the contract, to subvert the fundamentals of the constitution, to deprive them of all share in making and executing laws, will justify a revolution.“ John Adams, Novanglus Papers, 1774

AM I SUPPOSED TO JUST STEP ASIDE

AND LET THE LENDER TAKE MY HOUSE?

Originally there were twelve of us working loosely as a group researching individually and then sharing that knowledge. We operated then like members of a club all with similar interests. While we were learning much faster than any individual borrower could have, we were each making our way through court representing ourselves. Is it wrong? Are we going to lose? I have felt both confident and anxious at different times over the last seven years. But, our members have won seven cases in the last eight months, so the answer is, yes it is possible. In fact, I do it full time. In some weird but good way, I feel it is my civic duty.

I have been sitting in court and heard many judges admonish borrowers who are trying to represent themselves as Pro se parties that they “need to get an attorney”. Nearly all of my clients over seven years believed that because the judge told them to, that it was the law. It is not. But, the judge most often felt that the borrower had a better chance of having his side of the story represented with a competent attorney. It is, on a general level, good advice. But, judges today are missing some details about a new type of fraud which was virtually unknown until about 1999, and that can make paying an attorney a sure way to lose your family’s home.

The Borrower can’t afford an attorney anyway at this time. Besides, there are close to zero attorneys that even know mortgage finance law. There isn’t enough room here to go into detail, but it is easy enough to understand if you are lucky enough to meet someone who knows what has changed over the years in the relationship between attorneys and judges. I wish someone would have told me in 2011.

Actually, if it is a fraudulent foreclosure, why should a borrower have to lose his or her home because they can’t afford to hire an attorney? They are victims of a crime. They are not criminals.

So if you are a borrower who is threatened with foreclosure the question is, if you can’t find a good attorney and even if you did you could not pay him or her, do you just give up the greatest and most expensive possession that you will ever own? Maybe. But, I say no. Every day I know more than the day before and on this one subject, I am an expert.

I have taken this whole issue of “Imposter” lenders blowing smoke up the court’s behind and stealing homes without ever “lending” a dime to the borrower very seriously. Yes, back in the days of the real world (before 1994 or so) it was all very simple.

You borrowed from a banker you knew. You signed a Promissory Note detailing the amount you owed and the payment terms you agreed to. The banker needed to know that if you became unable to make your payments that the bank would not lose the money they were loaning you, so you put up the home you were buying as collateral. The document you signed that contained the terms you and the bank agreed on is called a security instrument. In states that use judicial foreclosure rules, that collateral instrument is called a mortgage. In states that use non-judicial foreclosure rules the security instrument is called a deed of trust, in these states there is nothing even called a mortgage. Since, we all use the term mortgage to mean home loans we get mixed up. The foreclosing party is counting on confusing you and the judge. (I cover that more completely in another article).

Now those documents and the terms agreed to is your home loan. The Promissory Note is essential to the deal and it is the most important document you signed. You made these fair monthly payments. You and the banker kept track of the payments, and when your loan was paid off the Promissory Note was marked paid and returned to you. The original Promissory Note was returned to you. Every time. You could trust the finance industry to do it like this. But, to any borrower, attorney, or judge born after about 1980 this sounds like fantasy, because following the laws and statutes on banking has not been an active idea since 1995 (that’s when Microsoft first provided free email at the literal speed of light).

But, since so few Borrowers know any of their rights and because these same crooked finance guys ruined the economy for just about the whole world, very few Borrowers can afford to go plunk down $5,000 for an attorney to tell them their rights. The vast, vast majority of borrowers being wrongfully foreclosed have just tell their kids they gotta change schools and they rent a truck they can’t afford and head for a rental home or apartment that they not get approved for because not only has the false foreclosing party taken their home illegally, they have also reported the foreclosure to the credit rating companies, which has ruined their credit.

Folks, this is not the America that I grew up in!

It is my intent to stick around to tell these victim borrowers that it doesn’t all have to go so fast. That the “Bank” that is threatening to foreclose has no case. This “foreclosing party” cannot and they will not show the real deal proof that they even are the true party you owe. That is because they are not the party you owe.

But if, you don’t stop turn and fight they will and do get away with it. Your case is very good, you just don’t know it yet.

I do that. I am working hard to be that someone that can tell you why you have more than just hope to help you fight back. I am a long time real estate broker, real estate developer, home builder, mortgage broker and a consultant on very large real estate deals around the country. I am supposed to be a real smart guy, and you know what?

Yep, GMAC Mortgage stole my house and it made me mad. Real mad. I have been mad every moment since November 11th, 2011. But I didn’t rent a truck. I fought back. But, like so many Americans in all professions, the economy had seriously damaged my income, so I couldn’t afford an attorney. Back then, I just knew that I had to have a lawyer.

I have held my own house to a standstill in court for now seven years, while dealing with the most outrageous lies from attorneys in court than I could never have dreamed anyone would be brazen (or stupid) enough to tell. Luckily I now know why I could stick around, and if I stuck around neither side would win. The explanation on what is different today is too long for this article, but I think I will make the seven years worthwhile very soon.

OK, so above I have stated much of the problem (not in detail of course) of how does a borrower try to protect his home without the money or information to hire an attorney.

The answer is to do it Pro Se. Pro Se means “I am representing myself”.

That will at first sound impossibly intimidating. Everyone I have ever talked to had a very difficult time even thinking about it. But, it is possible. It is legal. In fact it is your constitutional right.

First of all, you need information. What has your “Lender” done wrong? What have you done right? How can I find my way through the court system? You can’t lie. You have to really know what the truth is and what is happening. If we try to deceive the court with misleading statements, we will look no better than the characters we are up against. The truth is a very powerful weapon when used correctly.

Whoever is threatening to foreclose on you is not the entity that funded your loan. You are not going to claim you didn’t get a loan, because you did. But, not from the Lender which is named on your loan papers. It came from an unknown source in an illegal way. (Just ride along with that thought, you can learn what I mean later).

This means that whoever you think you closed with has no right to collect from you money, nor to “assign” the loan to another entity. Therefore your loan could not have been sold. The Seller and the Purchaser of your Promissory Note cannot have written a contract and transferred your loan through a sale because the Seller had no interest (ownership) in your loan to sell.

But, if you don’t protest it in court they will claim your loan has been sold and now an Imposter/Fictitious Payee (real statute terms in all 50 states) will steal your home. If they make a claim that is untrue, but you don’t object, then the judge must take the lie as the truth by law. In watching borrowers in court, or reading the motions and answers in their cases, I am struck with how little borrowers think they can object. Heck, what did Perry Mason do? Object. What did Barnaby Jones do? Object. What did Captain Kirk do on Boston Legal? Yes, he objected long and loudly. The court is not a church. You should act professionally, but you have every right to have your say.

The way you begin getting your case to court is to file a lawsuit (a Quiet Title Action is common for home loan fraud, but today we have something much better. The average cost around the country to file a foreclosure fraud lawsuit is $100 to $200 or so. Compare that to what an attorney wants up front.

You are now the Plaintiff and no longer the Defendant. You will not go to court for some time, but you will have to demand your rights and the party claiming to have the right foreclose will try to block you with lies. But, this is all on paper through motions using the appropriate laws and not before a judge in court right away. Possibly never, which is how we won 5 times recently. It is my belief because we stay in and fight the foreclosing party decides to pick on someone who does have the strength that knowledge brings.

We can organize your documents and come up with the strategy to prove you did not receive money from the Imposter Lender who is claiming you did. We can answer your questions and help your presentation. That is what we have done for ourselves and we can do it for you. At a fraction of what a full time attorney charges. When the proper time comes you might be using an attorney for a short time in court when you can show the attorney why he can win for you. This will cost you a fraction of what you think to save your home. Did I mention that we can help lower your anxiety with this knowledge?

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.

Five Good Books on Foreclosure Fraud

According to Waters of Marketwatch.com, Mortgage and real estate-related frauds is the ninth most prevalent consumer scams this year, with the fake landlord and timeshare resale complaints getting the most attention from the authorities.

Ever since the Housing bubble in 2008, the incidences of mortgage-related frauds and scams have escalated to an alarming degree. Numerous homeowners have lost their homes and properties due to scam victimization, and more cases are still being reported even up to this very hour. Everyday scam artists develop new ways of tricking money out of innocent people, which accounts for why new numbers are being added to the scam victims’ statistics despite government awareness campaigns.

The fact is that it isn’t enough for consumers to entrust the issue of foreclosure scams and rip offs to federal and state agencies. Nowadays, the state and its citizen must employ a collaborative approach to fight against this type of fraudulent activities. The agencies are doing their part by busting professional and white-collared criminals. The citizens, on the other hand, should take the responsibility of educating and updating themselves about the latest scam profiles and techniques.

In light of this, several books and instructional materials about real-estate scams have been released in the market. Many authors, real-estate experts, and concerned opinion leaders have written useful tips about the scam industry to empower the regular citizens. This article is dedicated to five of the most helpful books on this subject.

Five Books of Foreclosure Fraud

People Get Screwed All the Time: Protecting Yourself From Scams, Fraud, Identity Theft, Fine Print, and More, 2007, Robert Massi

This 368-page book doesn’t just focus on real estate scams, it also covers other types of fraud that could potentially hit individuals anytime. Even though it was written by an attorney, this book aims to explain the US federal laws and its effect on citizens’ lives in plain English. Getting past through the intense scrutiny of the federal government, this book will provide you with invaluable knowledge about the loopholes in our government and what you should do to avoid being victimized by these loopholes. The book presents the subject matter in an engaging manner by using the actual experiences and stories that people can relate to. After reading this, it’s less possible that you would get caught up in undesirable after-scam situations.

 The Truth about Avoiding Scams, 2008, by Steve Weisman


“Scams can be high tech, low tech, or no tech – be prepared.”

Weisman tells about the truth on several fraud and scam activities waiting to victimize people. In this book, you can view an entire chapter for real-estate related fraud in “The Truth about Home Scams”. Immediately following this is a closely related article, investment frauds and scams, which mentioned the foreclosure and short sale scams which are prevalent in the market. The examples and scams he cited are relevant and timely, including the popular Online scams called phising and vishing. Although the discussion doesn’t go deep enough (much discussion dwells on the obvious), it’s still worthwhile to read the book because the tips and solutions he gave are still helpful.

The Art of the Steal: How to Protect Yourself and Your Business from Fraud–America’s #1 Crime, 2001, Frank W. Abagnale

This is probably the most intriguing and interesting book about frauds and scams that people can find Online. Although it wasn’t really about foreclosure and real-estate scams and totally outdates, I still deem it a necessity for people to read this book because of one simple fact: it was written by one of the most effective scam artists in the world (And probably because I was a fan of Leonardo di Caprio and his great personification of Abagnale’s character in Catch Me If You Can). By reading this book, people can get a glimpse of what scam artists would think of when they are looking for preys, and how they trap this victim with the web of lies they skillfully crafted. Take a closer look at the psychological profile of scam artists; after all, you probably wouldn’t mind reading this since it also provides entertainment value.

Protect Yourself from Real Estate and Mortgage Fraud: Preserving the American Dream of Homeownership, 2007, Roberts, Dollar and Kraynak

If you’re going to read this book, I suggest that you immediately jump on the pages dedicated for equity skimming and foreclosure rescues because I personally find those parts most interesting. Of all the books in this list, this one is probably the most helpful because it is solely dedicated and focused on information about current real-estate frauds and scams. It provides detailed step-by-step tips on how you can detect foreclosure scams and in post-scam cases run after and get back at your scam perpetrators. The story-based approach makes the reading process endurable, whilst also making the moral of the scam stories a lot easier to digest.

The 2012 Consumer Action Handbook

Of course, what is the best way to avoid consumer scams than to read this year’s consumer action handbook? People have to keep themselves updated because scam and fraud artists are always on the business of developing “better, spot-free” fraud techniques. “The best thing about consumer handbook is that they are regularly updated, so people are constantly informed about the complaints, current ploys, and traps set out in the market,” a friend of mine says.

The sad thing is that no monthly updates are available for this book, so consumers must also regularly tune in to news reports about consumer scams.

Bank Security Fraud Securitization In Illegal Mortgage Foreclosure Actions

Bank Security Fraud Securitization In Illegal Mortgage Foreclosure or bank securitization is a scheme by the banks to sell your promissory note and mortgage many, many times and making multiple amounts of money using your debt signature and good credit to swindle you out or your home or property by placing your mortgage and note in a pool of loans within a Trust.

After this mortgage and note securitization happens, your mortgage loan is electronically recorded and this strips the equality out of your note making it a worthless piece of paper. Inside the Trust, your note gets converted from a security under the Uniformed Commercial Code, UCC, Article 3, to a Stock Certificate under UCC Article 8, and selling just a small part of the same Stock Certificate to thousands and thousands of investors many times.

It is similar to you selling the same car title to many people for the same price, but you would be arrested for fraud if you did this as the banks are doing and getting away with robbery and theft of your home and commercial property.

After your promissory note was sold into the trust and was converted into a stock certificate, your note had to be destroyed under the Federal Security Law… No more Note… No more Mortgage, but hello Mortgage Foreclosure fraud!

The Trust is controlled by the Lender’s Pooling and Servicing Agreement, PSA, which spells out that the original Note and Mortgage are accepted by the Trust Custodian, what the Trustee’s job is, and the conversion of the note into a stock certificate. Almost all the time the Lender, Trustee, Investor, or Servicer DO NOT follow their own PSA or legal rules against The Securities Exchange Commission, SEC, rules and laws; therefore, the fraud against WE THE PEOPLE starts and is perpetuated by greedy lawyers representing the greedy banks in an illegal mortgage foreclosure.

This is why homeowners need to complete the Phase One, Notary Administrative procedure to satisfy the “Clean Hands Theory” to show that there is nothing to hide and to exhaust all other remedies before you begin Phase Three. This legal procedure falls under the UCC, Article 3 and all State laws.

The Bank Security Fraud Securitization Audit In any Mortgage Foreclosure is the Second Phase in this Three Phase process to get your Mortgage Lien Released so you can own your home FREE and CLEAR in under 6 months.

Can I Represent Myself Against Foreclosure Fraud? Yes, It Is Called Pro Se: "By Myself"

“DON’T FIGHT THE PROBLEM… DECIDE IT”

“George C. Marshall”

Nearly all Borrowers who have contacted me about an imminent, or already taken place, foreclosure believed that it was imperative that they find an attorney to represent them in a court foreclosure action. For three years I believed the same thing. Many judges will suggest it so strongly that a borrower believes that it is actually a law, which it is not. But, it does make sense that we believe it. We see it on TV, in the news, magazines, and, of course, most attorneys will tell that you need an attorney

But, the reality is that this so-called mortgage melt down is so big and is rife with illegal and criminal behaviour that defies what most people regard as normal, there are few, very few, attorneys that can win for a borrower.

Attorneys, for the most part, are not familiar with the subject of Mortgage Fraud. Certainly not as familiar as they will lead you to believe I have resented this fact for a very long time. As I said, most of my clients have been advised by a judge or an attorney that they absolutely must have an attorney. They are right, except for one thing. Shouldn’t that read “they absolutely must have a Good Attorney?”

You are not better off with an uninformed attorney representing you.

Can you afford an attorney at this time? What if you think you are unable to pay an attorney? Should that automatically mean that you have no choice but to leave your home?

Well, there is another way. You don’t have to hire an attorney to start the fight to save your home. In my opinion you cannot win with 99.9% of the attorneys in your state anyway. If that is not true, then why do we hear so much about mortgage fraud and so little about the victims of mortgage fraud winning their cases?

The reason you don’t know what to do, is because trials and courts are not your areas of expertise. But, you can be strong if you get the right kind of help. You can do a lot of what an attorney should do at the beginning of the threat of foreclosure. You can do it as Pro Se, which means “I am representing myself” if you have the right help and accurate information.

You can learn how to use your constitutional civil rights to force the courts to treat you in a fair way.

I now believe that finally you actually have the advantage. But, like anything new you must learn the rules to play the game.

DON’T MOVE FROM YOUR HOME WITHOUT IT BEING A FAIR FIGHT! YOU CAN WIN.