39 Responses

  1. ON JAN. 10 2014 THERE BECAME EFFECTIVE NEW LAWS REGARDING THE QWR or Qualified Written Request

    http://www.scribd.com/doc/197864336/2014-TEMPLATE-FOR-NEW-QWR-UNDER-DODD-FRANK-MORTGAGE-REFORM-QUALIFIED-WRITTEN-REQUEST-TILA

  2. HELLO
    I JUST FILE CHAPTER 7 IN ORDER TO STOP THE SALE OF MY HOUSE IN CA,THAT WAS SCHEDULE TO TAKE PLACE ON {12/14/2011}. FOLLOWING THE FILLING, A NEW SALE DAY IS RESCHEDULE ON 01/26/2012. THE COURT DAY WITH THE CREDITOR IS 01/17/2012. I WOULD LIKE TO “BUY” MORE TIME,AND TRY TO RESTRUCTURE THE LOAN AMOUNT FROM CW/BOA . WITH A HELP OF AFFORDABLE TRUSTFUL ATTORNEY MORTGAGE DEFENSE THAT DEALING WITH CASES SECURITIZED MORTGAGE LOANS- MERS,NOTE,
    THANKS
    PLEASE EMAIL
    ERIK.K99@GMAIL.COM

  3. I am joining as a volunteer for nahj. I too was a victim of preditory lending. I have alot of info and would love some more. If any of you can help me help my area. I will be glad to make my case public and walk you through it.

  4. Is there any way to get a trustee sale reversed? I’m in CA and the lender indicated that they would indeed review our loan mod paperwork. However, since the trustee sale is tomorrow, they went ahead and reviewed all the paperwork in 30 minutes, called back and said we were declined the loan-mod. No reason given whatsoever. Anyway, if we get foreclosed on tomorrow, is it game over?

  5. NO FAMILY LEFT BEHIND! BUDGET PLANS FOR EVERYONE.WE CAN HELP YOU STAY IN YOUR HOME. POSSIBLY GET PRINCIPAL REDUCTION AND IN SOME CASES INTEREST RATE DEDUCTIONS. THE BANKS MADE A LOT OF MISTAKES IN THE PAPERWORK AND WE OFFER TO FIND THEM.FREE CONSULTATION ON ANY LEGAL MATTER.CALL KIM THOMAS 401-352-5609 or 401-274-1905. WE CAN HELP THE LAW OFFICES OF GEORGE E.BABCOCK ………………………………………………………………………ESQUIRE. CHECK OUT OUR WEBSITE: http://www.facebook.com/l.php?u=http%3A%2F%2Fwww.babcocklawoffices.com%2F&h=911e4
    IF YOU HAVE A MERS WHICH STANDS FOR MORTGAGE ELECTRONIC REGISTRATION SERVICES WHICH WOULD BE IN MOST CASES ON THE 1ST PAGE OF YOUR MORTGAGE PARAGRAPH C OR YOU HAVE A MORTGAGE WITH INDYMAC OR ONE WEST BANK CALL KIM THOMAS OR GEORGE BABCOCK AT 401-274-1905 AND GET RELIEVE FROM YOUR PROBLEM!

  6. I talked with a lawyer who said rescission does not stop the lender from foreclosure in California. But a lawsuit and lis pendens does. I’m thinking of doing both.
    Does anyone have experience with rescission stopping the process before the trustee can schedule the sale date?
    Neil’s commentary points out the possible opportunities that rescission can create depending on how the lender responds. I am 10 days before a sale date can be scheduled and trying to finalize my plan.

    Also, has anyone removed the trustee and power of attorney as Andrew posted below on Oct 2. He did not return a question I sent him. Has anyone done this with success?

    Thanks to everyone who responded to my requests for information!

    David davidwood100@yahoo.com

  7. I’m preparing the notice of rescission and the qualified written request before I file suit and lis pendens. Can anyone who has done this offer some assistance? One question I have is if the loan originated in 2005, does one use the 3 day letter having just discovered the fraud or should I only use the general purposes rescission for reasons such as usury?

    David davidwood100@yahoo.com

  8. I have two weeks before Cal Western can schedule a sale in California. I looking to file suit in federal court and trying to submit as much paperwork to lenders, trustees, “beneficiaries” as I can.
    Has anyone used the form below or one like it to remove the trustee, power of attorney, beneficiary? I believe the county recorder will refuse to file such a form in my county.
    Anyone have some experience here or suggestions?

    http://www.scribd.com/doc/24054682/Foreclosure-Recorders-Docs-Example

    David davidwood100@yahoo.com

  9. Just wondering if anyone has taken on the banks and won? I am scared to death to hire a foreclosure defense attorney, pay all the fees and then lose.

    And I am scared to death to do this by myself and miss something and lhen lose.

    Karen
    pooleykaren@yahoo.com
    206-396-4486

  10. Please see my other post under “EXCELLENT MERS ANALYSIS: ILLEGAL SCHEME TO AVOID/EVADE STATE LAW, TAXES, FEES, FINES, PENALTIES”

    Please contact me with any help re; my posts

    Thank you.
    VERY MUCH
    Everbody!!!

    For the record,
    This site is THE BEST
    source for the TRUTH,
    that I have found to date.

    Kevin,
    LV,NV

  11. ANY SUGGESTIONS?
    I don’t know if this has happened before to anybody’s knowledge, but I would like to hear any suggestions out there.
    Here’s what happened;
    12/04 a broker did a refi on my loan with Chevy Chase as Lender, MERS as nominee for the lender, MERS as Beneficiary, and Vicki L. Parry as Trustee.
    4/28/08 I rec’ a NOD from TD Services Co. stating it was executed by the present Beneficiary under such DOT. The NOD had MELMET DEFAULT SEVICES INC, AS TRUSTEE signed by KIMBERLY COONRADT ASSIST SEC.
    5/08 I rec’ a DEBT VALIDATION NOTCE from TD Service Co. which stated the following;
    The enclosed document relates to a debt owed to:
    MORTGAGE ELECTRONIC REGISTATION SYSTEMS, INC. (MERS) ACTING SOLELY AS NOMINEE FOR US BANK, NA AS TRUSTEE (MIN1000153-05542_ _ _ _ _-6) c/o Chevy Chase Bank.
    Next was the NOS with the sale date 9/2/08. I tried to nego. with the lender and I was told that there is not a 3rd party in this country that will be able to help me, and the sale will take place at 2pm 9/2/08. I called NACA, they got me one wk. I filed ch 7 pro-se.(11/08 bk trustee dismissed)
    9/08 Attorneys for the lender submited a proof of claim stating Chevy Chase is the lender.
    The Lender’s copy of my Note has a stamp on the back which states the following;
    PAY TO THE ORDER OF U.S. BANK N.A. AS TRUSTEE / W/O RECORSE TO CHEVY CHASE BANK.
    7/09 Capital One aquired Chevy Chase Bank.
    10/09 sub trustee Melmet to TD services
    12/09 I rec’ another NOS, only difference being the amount owed and the trustee. (even though the servicer Chevy Chase is now Capital One)
    Sale date 1/4/10 10am. Before the sale I delivered a letter to the auction company(trustee’s agents) to be given to the Trustee(the letter to trustee from this site) (because of the change in servicer and the stamp regarding PAY TO THE ORDER OF US BANK, found on the back of the NOTE) along with notice of an adversary proceeding involving the ch 7 case from 9/08. After which they postponed the sale until 1/6/10. On 1/5/10 approx 2pm I returned to the auction company with a copy of another complaint (a Rico, etc) filed at 1:33 pm which is a part of the before mentioned adversary proceeding, I was told the house was auctioned 1/5/10 10am. That there was no bidders so it was Sold to foreclosing beneficiary. (Who’s the foreclosing beneficiary? MERS?)
    Shouldn’t this sale be void? If so HOW?
    What is our best course of action?

    Anybody who desires I’m willing to discuss the matter via this site, email, or by phone. Any additional info is avail. by request.

    Our
    Sincere Thanks,
    to all who respond.

    Kevin,
    LV, Nevada

  12. 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!

  13. 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.

  14. Andrew – which Trustee are you taking about and who would you name as a substitute?

  15. 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

  16. 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

  17. 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?

  18. Sorry, but his name is Malcom or Malcolm Dunnie (sp).

  19. 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.

  20. 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

  21. hi, what you are doing is noble.

  22. 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.

  23. 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!

  24. 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?

  25. 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

  26. 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)

  27. 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.

  28. 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

  29. 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

  30. 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.

  31. what does NOTICE OF VOLUNTARY DISMISSAL AS TO COUNT II RE-ESTABLISHMENT OF LOST NOTE MEAN.
    can anyone tell me ?

  32. 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

  33. 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.

  34. 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.

  35. 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

  36. 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?

  37. 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?

  38. 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.

  39. 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

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