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?

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.

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.

Creative Foreclosure Avoidance Solution: Mortgage Assumption

You’re in a situation where you’re already three months late on your mortgage. Fortunately, no foreclosure lawsuits have taken place and you still have options. Your wife is starting to wonder why you’re always worried. She hasn’t received the memo. The dream house that you and your family purchased several years ago is turning out to be more than you can handle, especially with all of the unexpected bills popping up left and right. If you don’t do something soon, you’ll find yourself and your family in a very bad situation.

Looking at your situation, you can see that your property is in good shape less normal wear and tear. You can’t sell without having to come to closing with at least $35,000.00 which you don’t have right now. The reason for this is a house down the block in better condition sold last month for $150,000.00. You owe $185,000.00 and no one is willing to pay that much for your property. You don’t like the idea of doing a Short Sale as you’ve heard of the many horror stories that people go through during and after the process. Your credit does not get affected as much as it would after a foreclosure but it still takes a hit. In addition, there is still about a 35% chance that the bank may still come after you for the difference and that won’t be any fun. To top it all off the success rates of Short Sales are about fifty percent among the industry.

Listing with a Realtor and waiting for a buyer is pointless as you can’t come to closing with the difference and doing a Short Sale is definitely out of the question. Here is something that you might not have thought of: Mortgage Assumption. Some people call it different things such as Subject To the existing mortgage or Mortgage Management.

Mortgage Assumption involves transferring the deed of your property to another buyer in exchange for their bringing the mortgage current and maintaining payments. In the Real Estate market of 2013 – 2018, it’s very hard to get approved for a mortgage among American locals. This method of doing business opens the doors to thousands of buyers who, due to various circumstances, can’t qualify for a mortgage.

Your best bet in this situation is to work with a seasoned professional Real Estate buyer who can either assume the mortgage himself or find several interested parties to do so. There are not many professionals who know how to legally structure this correctly and finding an agent who knows how to do this is like finding a needle in a haystack. Find a well connected Real Estate investor who can assist you and allow you to move on with your life and preserve and maintain your good credit standing.

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.