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?

Short Selling Your Home – The Right Answer?

As the real estate crisis and slumping economy continue to squeeze homeowners, many have sought to escape their mortgages by conducting a short sale of their properties. A short sale is a transaction whereby the owner sells his home for a lower amount than what is owed. The lender must accept the deal, and stories have been circulating of buyers and sellers waiting several months before hearing a decision from the bank. So, is this technique the best answer?

Refinancing and loan modification are more efficient, and lenders such as Countrywide are much more accepting of these programs than a short sale. But if circumstances prevent you from qualifying for these loans, a short sale may get you out from under an unmanageable situation. There are two reasons a bank may accept a short sale: 1) the costs of foreclosure can cost a lender up to 18% of the loan amount, and 2) lenders do not want to carry properties on their books.

Not all homes qualify for a short sale, says our personal financial expert Nathan Threebes. “There must be evidence that home values have dropped in your area, the loan must be in or near default status, and the seller must show that financial hardship and a lack of assets prevent her from making up the difference,” Threebes says.

There are two major consequences to conducting a short sale. First, according to the Mortgage Forgiveness Debt Relief Act of 2007, the IRS allows lenders to issue a 1099 form for the forgiven amount, which you must report as income. Second, your credit report will be blemished though not quite as severely as a foreclosure (but creditors may not see a distinction as your FICO score lowers almost equally).

Under new Fannie Mae guidelines, conducting a short sale versus allowing a foreclosure may shorten the waiting period between the sale and obtaining a decent rate for a new home. Homeowners considering using this strategy are advised to seek professional advice.

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.

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.

Ways to Stop a Foreclosure and Stay in Your Home For Free Indefinitely Even When Nothing Else Worked

There are a number of ways you can delay foreclosure and by reading on you will learn many ways to stop a foreclosure. By doing this right you will be able to stay in your home for a very long period of time without making mortgage payments. Just make sure that you know how to deal with every situation and use the legalities behind the foreclosure process.

Obama’s Mortgage Modification Program is not really working as it should be. More than 90% of homeowners here in the U.S. are now facing possible foreclosure and are not being considered by this program because they are failing the requirements to qualify.

There are ways to stop a foreclosure and delay the procedure so you can stay in your own property for a longer period of time. This is actually easy if you have the correct information at your disposal. You can even do it by yourself without a lawyer. One thing to keep in mind is to never sign any document about it and to never leave your home behind.

A lot of people are victimized by scammer during this vulnerable period of the process. You will be surprised that a lot of homeowners get scammed by being offered a short sale or a quick fix to this problem. These won’t save your home so beware of predators taking advantage of the situation that you are in.

Here are some tips that you may use to delay the foreclosure process:

Answering the foreclosure Notice:

A hardship letter is definitely one of the most used strategies not only used to get considered for mortgage modification but to get you more time in your home or property.

Use all time that you may get:

First avoid the receiving of the foreclosure notice for as long as you can. This little tip can get you months in your house. If they can’t get you to sign the letter, they will have to use other means to proceed.

If the summon has already received, then you have approximately 20 days to reply to the foreclosure notice sent by the court. Don’t reply immediately, wait about two weeks or so before your answer the notice.

By doing this you get an additional month or so that you can use to plan ahead. Keep in mind that this notice needs to be signed and received by a member of the household to be legal. Knowing this would be a great advantage for you.

A Hearing:

After exhausting some preliminary options you can request for a hearing. Requesting a hearing in your local Circuit Court would also give you additional time. Some very informed people have used this strategy effectively to stay in their homes for up to a year.

Closing Contracts.

There are other very effective strategies to delay the foreclosure process like revising your housing contracts for errors. Most Closing Contracts contain errors and mistakes and if used properly this could stop the foreclosure process right on its tracks for even more that a year.

Knowing the ways to stop a foreclosure is just one part of it. Knowing what to do in the right situation would delay the foreclosure process for more than 3 years. These tips have been proven useful by other homeowners and you too can start using these strategies to stay in your home longer.

Going From Bank Foreclosure Listing Browser to Home Buyer

If you have been looking at a bank foreclosure listing service, you may be eager to buy your own property. If you want to go from browsing a bank foreclosure listing to being the proud owner of a home, however, you need to start by getting ready to buy. Often, this means taking care of financing first. Foreclosures are priced to sell and you will have more negotiating power if you have financing in hand and are ready to buy quickly. Therefore, make sure that you can get pre-approved for a loan or line of credit with a lender. This will allow you to secure financing quickly. Compare several lenders – including banks and hard money lenders – to find the best terms and rates possible. Work on improving your credit rating so that you can secure the best rates. When you find a foreclosed home that you want, you will be able to act quickly to secure a mortgage.

In addition to financing, make sure that you have the information you need to act quickly to close on a foreclosure. Have assessors and inspectors in your address book, so that you can quickly get more information about a property when you need it. Research foreclosures markets and neighborhoods so that you are knowledgeable about an area and are prepared to act when you recognize a good price on a property.

Finally, going from a browsing a bank foreclosure listing to owning a home requires the right mind set. Once you have done your research and have secured your financing, you need to prepare yourself for buying a home. Talk to homeowners or read about the buying process so that you feel more confident about the procedure and get a buyer's agent if you find you are anxious about contacting sellers in a bank foreclosure listing.