Letters and Notices « Livinglies’s Weblog

28 Responses

angry&not taking it, on October 23rd, 2009 at 2:08 am Said:

you name yourself {borrower’/trustor} as the trustee recording a
new “substitution of trustee”…After discussing this myself with Andrew,i was so enlightened to the fact that once the “power of attorney” [that may be attached to your loan docs] is renounced or “revoked ” no other substitution may occur without your consent.
i’m no lawyer ..soooo it makes sense to me.
fwiw-This is not ba de ba de ba de ba de legal advice!
Nil Debet, on October 22nd, 2009 at 5:31 pm Said:

Don:

First, rescind the mortgage (in writing-stating that the mortgage is rescinded by operation of the law, regardless of their response), then record a Substitution of Trustee (FIRE THEM) appointing yourself or someone you trust as Trustee. Next, record a Revocation of Power of Attorney (TAKE AWAY THEIR POWERS), and then record a Full Re-conveyance back to the Grantor/Trustor … YOU (state that the lien has been “fully satisfied” based on their lack of timely response to your rescission/cancellation letter)!

After all of the above is recorded with the county recorder, you then file a Warranty Deed/Grant Deed and “sell” the property to your family trust or an LLC, warranting that the title is free of all liens and encumbrances.

At that point you (or your family trust/LLC) own the property ‘Free and Clear’.

I am not a lawyer, and this should not be misconstrued as legal advice.
Don, on October 22nd, 2009 at 12:42 pm Said:

Andrew – which Trustee are you taking about and who would you name as a substitute?
Andrew, on October 22nd, 2009 at 12:09 pm Said:

For many of the comments written above to Neil Letters-and-notices page, it is my opinion it is not understood the real ramifications.

A defense to the lenders is to remove their AUTHORITY, and to do that it is necessary to prepare a:
“Revocation of the Power of Attorney”
given at Closing is what prevents any further action.

I have yet to find anyone Disputing this fact.
If there is any lawyer or professional who can categorically dispute this fact, show cause herewith, otherwise, Homeowners/Trustor(s) as stated before…

Andrew, on October 2nd, 2009 at 11:35 pm Said:

Andrew, on October 2nd, 2009 at 10:56 pm Said: Your comment is awaiting moderation.

If the Power of attorney given to the Title Company/Lawyer/Closer was to be renounced and rescinded then all this madness against homeowners and their properties would stop, since the lenders would no longer have authority to conduct business using the homeowner/grantor/ supposed borrowers authority. The Trustee also needs to be rescinded and a substitution trustee appointed.

For further conversation on this matter contact the writer.
Andrew, on August 13th, 2009 at 10:44 pm Said:

To homeowners and the like who are facing same situation as quoted by “Diane on December 31st 2008, need to do two very important documents;

1: File a Substitution of Trustee

2. File a Revocation of Power of Attorney

Both of these are done filed by the Trustor (who is the Borrower). They and they alone have signatures on the Trust Deed, and because there is no signatures from a Trustee, Beneficiary, Lender, Bank Official or for that matter anyone else…. This is deemed a UNI-LATERAL CONTRACT which in layman’s terms means the Homeowner may change theses above named documents, in addition to others.

All Contracts to be enforceable by any form of law are required to be signed by two parties and in the Real Estate, in most states require 2 – 3 witnesses as in Florida.

Hope this helps another Lay-person. For further non-legal, non lawyer nor financial advice, they may call 503 342 2817 or email cci_andrew@hotmail.com
Andrew, on October 2nd, 2009 at 11:35 pm Said:

Andrew, on October 2nd, 2009 at 10:56 pm Said: Your comment is awaiting moderation.

If the Power of attorney given to the Title Company/Lawyer/Closer was to be renounced and rescinded then all this madness against homeowners and their properties would stop, since the lenders would no longer have authority to conduct business using the homeowner/grantor/ supposed borrowers authority. The Trustee also needs to be rescinded and a substitution trustee appointed.

For further conversation on this matter contact the writer.
Andrew, on August 13th, 2009 at 10:44 pm Said:

To homeowners and the like who are facing same situation as quoted by “Diane on December 31st 2008, need to do two very important documents;

1: File a Substitution of Trustee

2. File a Revocation of Power of Attorney

Both of these are done filed by the Trustor (who is the Borrower). They and they alone have signatures on the Trust Deed, and because there is no signatures from a Trustee, Beneficiary, Lender, Bank Official or for that matter anyone else…. This is deemed a UNI-LATERAL CONTRACT which in layman’s terms means the Homeowner may change theses above named documents, in addition to others.

All Contracts to be enforceable by any form of law are required to be signed by two parties and in the Real Estate, in most states require 2 – 3 witnesses as in Florida.

Hope this helps another Lay-person. For further non-legal, non lawyer nor financial advice, they may call 503 342 2817 or email cci_andrew@hotmail.com
vegasguy, on July 24th, 2009 at 11:40 am Said:

Hey, everyone…..I was just wondering about those “powers of attorney” listed at the end of the QWR. I don’t see any provision in the pertinent sections of 12 USC (RESPA) where a non-responded QWR invokes any power of attorney over the non-responding party. The reason I ask is because I just read a response to a QWR which was nearly identical to the one posted here, and in the response, the attorneys for the lender (Countrywide) specifically reject any power of attorney. Why was this included in the QWR? Is there another statute that invokes the power of attorney? TILA maybe?
Carl, on June 4th, 2009 at 1:33 pm Said:

Sorry, but his name is Malcom or Malcolm Dunnie (sp).
Carl, on June 4th, 2009 at 12:14 pm Said:

Do you know Mr Malxolm Dunie (not sure of spelling) a mortage loan auditor or another that you could recommend? I am in the state of Washington and am looking for an attorney and other contacts to work together with. Can you help?

Thank you.
casa improvements, on May 31st, 2009 at 6:04 pm Said:

mike linton,

Hi, hope you get this request asap.. I need some help on a property that I just lost in september 2008 and 3 other properties that just went into foreclosure in March. I am trying to put together a “an emergency order to vacate the judgment and a motion to compel the plaintiff to show the original note in open court with the original signatures” just like you stated.. I have been studing the provissions but need a little help. could you contact me as soon as possible. please .. thank you Claudia
Saurabh Goel, on April 9th, 2009 at 9:55 pm Said:

hi, what you are doing is noble.
VG Diaz, on April 4th, 2009 at 9:41 am Said:

Mr. Garfield,

I recently sent an initial debt dispute collection letter to the attorney that is representing Indymac Bank in the foreclosure action against me.

I received a letter back from them today, label as “Proof of Debt pursuant to FDCPA, 15 USC 1601″

They stated that MERS is the original creditor, as nominee for Indymac Bank. I have never applied for a mortgage with MERS.

My question to you is: Is there a response letter to their response? They are reflecting two different amounts. One for the entire unpaind loan balance + interest due + escrow + late charges + BPOs + inspections + Costs + attorney fees, etc… and the other one is for monthly payments from 09/01/08 + late fees + BPOs + inspections + costs + attorney fees.

I already filed a motion to dimiss for lack of subject matter jusridiction and as of today I have not receive any response from Indymac Bank about the QWR letter sent to them.

I would like to get some guidance as to what to do next.

Thanks.
T Strain, on March 29th, 2009 at 10:34 pm Said:

Dear Mr. Garfield, I’ve tried to reach you directly but have been unsuccessful. I kindly request that you remove my name and above replies from your website for public view. When one does a search on my name it directs them to your site which reflects my private communication. Your immediate assistance is greatly appreciated!
abby, on March 9th, 2009 at 12:13 am Said:

Question on 3 year rescission letter. I sent one to the company which was my lender, New Century Mortgage, now in Chpt 11 BKR. So, a consultant for
the New Century Liquidating Trust wrote back and said that my 3 year rescission letter was erroneously served because, she said, New Century sold the loan and servicing to JP Morgan Chase. This was done about 4 months after the loan closing. Thus, from day of closing to May 1, 2006, New Century Mortgage was accepting my payments.

I think this consultant is wrong. She says I should be sending the 3 year letter of rescission to JP Morgan Chase (which I had already done anyways)….but she
insists New Century has no responsibility.

Mr. Garfield or any attorney–what is correct?
dema suetos, on March 2nd, 2009 at 8:27 am Said:

Hi Mr. Garfield,

I want to ask your advise regarding my property that was Reo last July 2008. My renter was paid cash for keys and it was put for sale as an REO in the market. This March 17, 2009 my foreclosed property will go to auction again. What’s my recourse on this when it was already foreclosed last July AND THEY’RE FORECLOSING IT AGAIN THIS 17TH of March. My name is still in the deed . The lender is AURORA LOANS
Jerry, on January 28th, 2009 at 4:08 pm Said:

I did a cash out refi in oct 08 and ended up with a new FHA loan thru chase. I’ve found the newer mortgage amount is just way to high and I can’t sell. Since the new mortgage is insured now, what exactly will happen if i default on the loan? Is FHA a non-recourse loan in michigan? (i have no 2nd loan or HELOC either). i understand after 90 days the the property reverts to FHA and they re-list it, rather than having it sold at the county auction. Do you have any links or specific info on what happens to an FHA mortgage under michigan law? i really prefer to let the property go rather than fight to stay, but don’t want to be sued for any deficiency once the property is sold. NEED HELP in Michigan. (don’t we all)
Sean, on January 28th, 2009 at 3:51 pm Said:

Plaintiff attached a rider to the foreclosure and called it a note. Should i handle this with a sham pleading, or any alternative ideas?(Already done a motion to dismiss on other counts which failed, so i presume i can’t go down that road again) case is in Fla.
Bob Tankel, on January 27th, 2009 at 10:02 pm Said:

Hi, GREAT site. I represent condo and homeowner associations being sued left and right. Half the 100+ foreclosure complaints being served on my clients each week do not attach a mortgage assigned to the Plaintiff. Anybody try a 57.105 letter and demand on any of these lawyers in FLA?

Bob Tankel
mike linton, on January 27th, 2009 at 6:57 pm Said:

Valerie,
I believe it means that the Plaintiff is voluntarily dismissing the 2nd count in their complaint against you. I believe they have a judgement against you so now they are just telling the court that they are dismissing that part of the complaint so they don’t have to prove to the court that they have lost the note. I’m not a lawyer and this isn’t legal advice but I had they same thing happen to me. I filed an emergency order to vacate the judgment an a motion to compel the plaintiff to show the original note in open court with the original signatures. I haven’t heard from the lender in 4 months …… Talk to an attorney
carlos, on January 27th, 2009 at 2:08 pm Said:

Is their anyplace where there is a sample of the note and what a correct note should look like. I have heard of notes being presented but with no signature from the bank. I think it would be helpful to see a good note and bad note that is presented.
valerie, on January 20th, 2009 at 11:26 pm Said:

what does NOTICE OF VOLUNTARY DISMISSAL AS TO COUNT II RE-ESTABLISHMENT OF LOST NOTE MEAN.
can anyone tell me ?
Cherry, on December 10th, 2008 at 4:28 pm Said:

I would like to purchase forms needed to stop trstee sale and challenge lenders to show promisory notes, and other steps needed in order not to lose my property. please respond ASAP
livinglies, on December 7th, 2008 at 8:33 pm Said:

Yes you are probably going to be asked to waive all rights. They need your signature on a new piece of paper that is freshly recorded — or they have nothing. Check with attorney who understands this. And don’t give up anything unless you know what you are giving up — which might in your case be the right to live peaceably in your home with a much lower amount due on your mortgage or none at all.
abel, on December 7th, 2008 at 5:20 am Said:

I received a Stipulated Partial Reinstatement/Agreement from Wells Fargo. The Agreement states that I will make payments at a reduce payment for 3 months and 4th month a balloon payment that includes arrears and all attorney fees. If I fail to make payment at anytime the forclosure resumes. My question is by signing this agreement am I waiving any rights.
mike linton, on December 3rd, 2008 at 9:18 pm Said:

I faxed the QWR to all of my lenders – I have 4 houses in Foreclosure – and received responses from all lenders. Instead of sect 12, change it your QWR to sect 6 of RESPA (that is what the HUD Sample has posted on their site – What is your opion on this Neal – changing the section -)

Mike Linton
Johnnie, on December 3rd, 2008 at 2:46 pm Said:

How are people mailing QWRs. In addition to the return receipt/certified, the bank can claim (and has) they received an empty envelope. Is anyone using notary with witness for mailing?
Johnnie, on December 3rd, 2008 at 2:44 pm Said:

I have used a QWR almost identical to the one you have here against Suntrust. They responded that the QWR was unreasonably long to merit any response. I know interrogatories have Q # limits. NCLC’s are only one page long though not their’s doesn’t even suggest standing issues). Are others getting stonewalled by lenders based on length of QWR?
Timothy Strain, on November 24th, 2008 at 6:53 am Said:

found your letters after review of your site… I will be sending you a donation… thank you for your efforts to help your fellow citizens.
Timothy Strain, on November 23rd, 2008 at 10:50 pm Said:

Would like to purchase your form letters for stopping foreclosure… I am in litigation at present trying to stop Citi Residential Lending, Inc. and Deutche bank from stealing my home. Your prompt response is deeply appreciated!

Tim / Baton Rouge, Louisiana