60 Responses

  1. NONE OF THE BANKS EVIDENCE DEMONSTRATES STANDING TO FORECLOSE–SO SAYS THE COURT!

  2. DOES HAMP WORK? Here is a nonspecific article we found in an attorney’s foreclosure publication. We hope this may help. If not give us a call at 818.453.3585 to explore some options. Ask for Sara Stephens. Attorney directed and supervised litigation assistance helping homeowners nationwide. Now read this:
    ___________
    Home Affordable Modification Program (HAMP): The Home Affordable Modification Program (HAMP) was developed by the U.S. Treasury Department as part of the Making Home Affordable Refinance Program (above). HAMP works in tandem with the HOPE program , allowing homeowners who are behind on their mortgage payments to modify the terms of their first mortgage by lowering monthly payments to 31% of their gross income. This level is achieved by reducing the interest rate to as low as 2% and extending the term of the loan or deferring payment on part of the principal. The program includes the use of short sales and deeds in lieu of foreclosure if a borrower cannot complete the modification process.

    A critical eligibility requirement is that default in payment by the borrower be reasonably foreseeable. Servicer participation in HAMP is voluntary; however, Fannie Mae, Freddie Mac and financial institutions receiving assistance under the Financial Stability Plan are required to implement the plan. The program is scheduled to end December 31, 2012.

    (1) Participating servicers who fail to provide HAMP loan modifications to eligible homeowners; defense to foreclosure? Servicers participating in HAMP are required to review a borrower’s eligibility for the program and cannot conduct a foreclosure sale absent such a review. In fact, HAMP servicers are not even supposed to initiate foreclosure proceedings until a borrower has been evaluated and determined ineligible for the program, or if the borrower fails to respond to the servicer’s Trial Period Plan offer. [See Pub.L. 111-22, | 401]

  3. NEW for Pro Se Plaintiffs— We now have pro se forms for you, affordable and efficient. Call for pricing today. Don’t let the bank take your home without a fight.

    From Mike S, in Colorado who says: “I used Consumer Rights Defenders in my Colorado cases. I recommend them highly. They are competent, extremely knowledgeable and caring and really there for you all the way. They really helped us out.” 2-9-2012

    CRD, can help with the litigation work that you will need from A-Z, starting with your complaint and then work through discovery which is the most important part of your case. You should consider having counsel for depositions, court appearances and settlement conferences and in the unlikely event you need a trial. Most cases settle. We have referrals if you are concerned about what we can do for you.
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    Consumer Rights Defenders — Part of the Living Lies Web Network of Attorneys and litigation support.

  4. Ok Sara or Steve, we get the phone number but do you have a website? Seems I can’t find you anywhere but here and would like to see a website to see just what you have to offer. Is this also a place were anyone can tell about the services that they are aware of that offer help fight mortgage fraud?

  5. EVALUATE THE ASSIGNMENTS SAYS THE UPPER COURT!!

  6. From we who serve the homeowners at Consumer Rights Defenders, our attorney support team came up with this information to pass on. Reach us at 818.453.3585 for low cost attorney consultation. Other services available including litigation assistance. Ask for Steve or Sara when you call. Now read this from Calif Ct of Appeals: especially see (4) below:

    Ferguson v. Avelo Mortgage, LLC (Cal.App. 2 Dist. Jun. 1, 2011), Cal.Rptr.3d 2011, WL 2139143,
    This case involves another challenge to a non-judicial foreclosure sale in California. The basic facts of this case are that a borrower initially took out a loan with New Century Mortgage which loan was accompanied by a MERS deed of Trust (MERS was the nominee of the lender and its successors and assigns under the deed of trust and also listed as the beneficiary). The Trustee under the Deed of Trust was First American Title Compan
    y.
    After a default of the $600,000 purchase loan taken out by borrower HYUNH in 2006, the following sequence of recorded documents occurred:
    (1) 8/3/07 a Notice of Default was recorded by Quality Loan Service Corporation (QLSC) – Note that the trustee under the Deed of Trust was First American Title;
    (2) 8/30/07 Assignment of Deed of Trust was recorded (MERS assigned its beneficial interest to Avelo Mortgage) – Note the typical assignment of the Deed of Trust together with “notes therein” (The Fontenot case sees this as proper even though MERS does not, and has never held any note in its possession).
    (3) 11/9/07 Notice of Sale by QLSC.
    (4) 11/9/07 (same day but after the Notice of Sale was recorded) Substitution of Trustee was recorded substituting QLSC for First American Title (note, apparently this document was executed on 8/2/07 prior to the notice of default being recorded by QLSC);
    Thereafter, the property was sold at non-judicial foreclosure trustee sale on 7/08. The purchaser at the foreclosure sale was Avelo Mortgage, allegedly paying 400k for the property. Avelo recorded the Trustees Deed upon sale.

    After the sale, HYUNH (the original borrower), Quitclaimed his interest to Ferguson (the Plaintiff in this action) on 6/27/09. Ferguson recorded his Quitclaim deed on 7/1/09 and brought suit to Quiet Title against Avelo Mortgage arguing the foreclosure sale was illegal as Avelo received no valid interest from MERS in the Assignment of Deed of Trust since MERS had no note to assign, and thus Avelo had no authority to foreclose. Under this theory, Ferguson argued there was no requirement to tender the full amount of the loan balance to try to set aside the foreclosure sale and claim the property as his own since he was challenging the foreclosure “sale” and not the foreclosure “procedure”. In addition, Ferguson argued there can be no tender rule requirement where Avelo is not the true beneficiary (since they never got the note. Ferguson also sued HYUNH for fraud.

    The Court disagreed with the Plaintiff Ferguson, and held that the tender rule applies whether or not Avelo had any note. Here is the relevant language of the case on the important points:

    (3) The power of sale in a deed of trust allows a beneficiary recourse to the security without the necessity of a judicial action. (See Melendrez v. . . . Investment, Inc. (2005) 127 Cal.App.4th 1238, 1249 [26 Cal.Rptr.3d 413].) Absent any evidence to the contrary, a nonjudicial foreclosure sale is presumed to have been conducted regularly and fairly. (Civ. Code, § 2924.) However, irregularities [that is the statutory language taken from the code] in a nonjudicial trustee’s sale may be grounds for setting it aside if they are prejudicial to the party challenging the sale. (See Lo v. Jensen (2001) 88 Cal.App.4th 1093, 1097-1098 [106 Cal.Rptr.2d 443]; see also Angell v. Superior Court (1999) 73 Cal.App.4th 691, 700 [86 Cal.Rptr.2d 657] ["`In order to challenge the sale successfully there must be evidence of a failure to comply with the procedural requirements for the foreclosure sale that caused prejudice to the person attacking the sale.'"].)[Of course promising a forbearance or other misrepresentations helps as well.] Setting aside a nonjudicial foreclosure sale is an equitable remedy. [You do a motion after you sue] (Lo v. Jensen, supra, 88 Cal.App.4th at p. 1098 ["A debtor may apply to a court of equity to set aside a trust deed foreclosure on allegations of unfairness or irregularity that, coupled with the inadequacy of price obtained at the sale, mean that it is appropriate to invalidate the sale."].) A court will not grant equitable relief to a plaintiff unless the plaintiff does equity. (See Arnolds Management Corp. v. Eischen (1984) 158 Cal.App.3d 575, 578-579 [205 Cal.Rptr. 15]; see also 13 Witkin, Summary of Cal. Law (10th ed. 2005) Equity, § 6, pp. 286-287.) Thus, “[i]t is settled that an action to set aside a trustee’s sale for irregularities in sale notice or procedure should be accompanied by an offer to pay the full amount of the debt for which the property was security.” (Arnolds Management Corp. v. Eischen, supra, 158 Cal.App.3d at p. 578; see also FPCI RE-HAB 01 v. E & G Investments, Ltd. (1989) 207 Cal.App.3d 1018, 1022 [255 Cal.Rptr. 157] [rationale behind tender rule is that irregularities in foreclosure sale do not damage plaintiff where plaintiff could not redeem property had sale procedures been proper].) [But if the amount in arrears is disputed and/or there is no acceleration provision both of which have to be asserted in the suit, grounds may be stated supporting the cause of action…..but read the next line….

    However, a tender may not be required where it would be inequitable to do so. (See Onofrio v. Rice (1997) 55 Cal.App.4th 413, 424 [64 Cal.Rptr.2d 74]; see also Dimock v. Emerald Properties (2000) 81 Cal.App.4th 868, 876-878 [97 Cal.Rptr.2d 255] [when new trustee has been substituted, subsequent sale by former trustee is void, not merely voidable, and no tender needed to set aside sale].) Specifically, “`if the [plaintiff's] action attacks the validity of the underlying debt, a tender is not required since it would constitute an affirmative of the debt.’” (Onofrio v. Rice, supra, 55 Cal.App.4th at p. 424.)
    Appellants contend they are not challenging irregularities in the foreclosure proceeding. Rather, they argue that respondent is not the holder of the underlying promissory note and therefore cannot invoke the tender rule against them. In their complaint, appellants alleged that New Century remains in possession of the promissory note and that appellants owe no obligation to respondent. On appeal, appellants contend that whether respondent holds the promissory note is a factual dispute, and sustaining respondent’s demurrer presupposes that respondent has authority to enforce the loan obligation. They assert that while MERS had the authority to transfer its beneficial interest under the deed of trust, there is no evidence that MERS, which was acting as a nominee of New Century, held the promissory note and was authorized to assign the note itself to respondent.
    The role of MERS is central to the issues in this appeal. “`MERS is a private corporation that administers the MERS System, a national electronic registry that tracks the transfer of ownership interests and servicing rights in mortgage loans. Through the MERS System, MERS becomes the mortgagee of record for participating members through assignment of the members’ interests to MERS. MERS is listed as the grantee in the official records maintained at county register of deeds offices. The lenders retain the promissory notes, as well as the servicing rights to the mortgages. The lenders can then sell these interests to investors without having to record the transaction in the public record. MERS is compensated for its services through fees charged to participating MERS members.’” (Gomes v. Countrywide Home Loans, Inc. (2011) 192 Cal.App.4th 1149, 1151 [121 Cal.Rptr.3d 819] (Gomes v. Countrywide), quoting Mortgage Electronic Registration Systems, Inc. v. Nebraska Dept. of Banking & Finance (2005) 270 Neb. 529 [704 N.W.2d 784, 785].)

    *******(4) Appellants cite two federal cases for the proposition that MERS, as the nominee of the lender under a deed of trust, does not possess the underlying promissory note and cannot assign it, absent evidence of an explicit authorization from the original lender. (See Saxon Mortgage Services, Inc. v. Hillery (N.D.Cal., Dec. 9, 2008, No. C-08-4357) 2008 U.S.Dist. Lexis 100056; see also In re Agard (Bankr. E.D.N.Y. 2011) 444 B.R. 231.) Not all courts agree on this issue and appellants do not distinguish nor address other cases that have upheld MERS’s ability to assign a mortgage. (See US Bank, N.A. v. Flynn(N.Y.Sup. 2010) 27 Misc.3d 802 [897 N.Y.S.2d 855, 859] [assignee of MERS has standing to initiate foreclosure proceeding because where "an entity such as MERS is identified in the mortgage indenture as the nominee of the lender and as the mortgagee of record and the mortgage indenture confers upon such nominee all of the powers of such lender, its successors and assigns, a written assignment of the note and mortgage by MERS, in its capacity as nominee, confers good title to the assignee and is not defective for lack of an ownership interest in the note at the time of the assignment"]; see also Crum v. LaSalle Bank, N.A. (Ala.Civ.App. 2009) 55 So.3d 266, 269.) We are not bound by federal district and bankruptcy court decisions, and the cases cited by appellants are in direct conflict with persuasive California case law.

    In Gomes v. Countrywide, supra, 192 Cal.App.4th 1149, plaintiff Gomes obtained a loan from KB Home Mortgage Company (KB Home) to finance a real estate purchase. He executed a promissory note secured by a deed of trust naming KB Home as the lender and MERS as KB Home’s nominee and beneficiary under the deed of trust. (Gomes v. Countrywide, supra, 192 Cal.App.4th at p. 1151.) The deed of trust contained a provision granting MERS the power to foreclose and sell the property in the event of a default. (Ibid.) Gomes defaulted on his payments and was mailed a notice of default by ReconTrust, which identified itself as an agent for MERS. Attached was a declaration signed by Countrywide Home Loans, acting as the loan servicer. (Ibid.) Gomes filed suit against Countrywide Home Loans, ReconTrust and MERS for wrongful initiation of foreclosure, alleging MERS did not have authority to initiate the foreclosure because it did not possess the note and was not authorized by its current owner to proceed with foreclosure. (Id. at p. 1152.) Defendants demurred, arguing, among other things, that Gomes was required to plead tender to maintain a cause of action for wrongful foreclosure and that the terms of the deed of trust authorized MERS to initiate a foreclosure proceeding. The trial court sustained the demurrer without leave to amend. (Ibid.)
    On appeal, the court affirmed the order, finding that Gomes could not seek judicial intervention in a nonjudicial foreclosure before the foreclosure has been completed. (Gomes v. Countrywide, supra, 192 Cal.App.4th at p. 1154.) Nonetheless, the appellate court reached the merits of Gomes’s claim as an independent ground for affirming the order sustaining the demurrer. The court rejected Gomes’s argument that MERS lacked authority to initiate the foreclosure procedure because the deed of trust explicitly provided MERS with the authority to do so. The court found that the “deed of trust contains no suggestion that the lender or its successors and assigns must provide Gomes with assurances that MERS is authorized to proceed with a foreclosure at the time it is initiated.” (Id. at p. 1157.) Thus, Gomes acknowledged MERS’s authority to foreclose by entering into the deed of trust. (Ibid.)
    Just as in Gomes v. Countrywide, the deed of trust in this case specifically states: “Borrower understands and agrees that MERS holds only legal title to the interests granted by Borrower in this Security Instrument, but, if necessary to comply with law or custom, MERS (as nominee for Lender and Lender’s successors and assigns) has the right: to exercise any or all of those interests, including, but not limited to, the right to foreclose and sell the Property; and to take any action required of Lender including, but not limited to, releasing and canceling this Security Instrument.”
    (5) Appellants concede that MERS had the authority to assign its beneficial interest to respondent.Accordingly, respondent had the same authority to initiate foreclosure proceedings. And while Gomes v. Countrywide did not address the tender issue, it does not follow that a beneficiary may initiate nonjudicial foreclosure proceedings under a deed of trust without the original promissory note, but cannot seek tender from a defaulting borrower attempting to set aside the foreclosure. Although California courts have not resolved this issue (see Miller & Starr, Cal. Real Estate (3d ed. 2010-2011 Supp.) Deeds of Trust and Mortgages, § 10:39:10, p. 4), several federal district courts in this state have upheld a beneficiary’s authority to initiate foreclosure proceedings and invoke the tender rule against a defaulting borrower, even when the beneficiary is not the holder of the original promissory note. Those courts have noted that “California law `does not require possession of the note as a precondition to [nonjudicial] foreclosure under a Deed of Trust.’” (Jensen v. Quality Loan Service Corp. (E.D.Cal. 2010) 702 F.Supp.2d 1183, 1189; see also Odinma v. Aurora Loan Services (N.D.Cal., Mar. 23, 2010, No. C-09-4674 EDL) 2010 U.S. Dist. Lexis 28347; see also Morgera v. Countrywide Home Loans, Inc.(E.D.Cal., Jan. 11, 2010, No. 2:09-cv-01476-MCE-GGH) 2010 U.S.Dist. Lexis 2037, p. *21 [MERS, as nominee of lender, has authority to initiate nonjudicial foreclosure without underlying promissory note].) Moreover, in cases involving an assignment of a deed of trust from MERS to a third party, courts have invoked the tender rule despite arguments that MERS did not have the authority to assign its interest under the deed of trust without the promissory note. (See Lai v. Quality Loan Service Corp.(C.D. Cal., Aug. 26, 2010, No. CV 10-2308 PSG (PLAx)) 2010 U.S. Dist. Lexis 97121.) Appellants offer no authority, state or federal, to support the legal loophole they claim for defaulting borrowers and their successors.
    Appellants also argue that respondent was not authorized to substitute Quality as the trustee prior to becoming the beneficiary under the deed of trust. Quality initiated the foreclosure proceedings when it was not the trustee and therefore had no legal right to do so. Under a deed of trust, the trustee may be substituted by a “substitution executed and acknowledged by: (A) all of the beneficiaries under the trust deed, or their successors in interest. . .; or (B) the holders of more than 50 percent of the record beneficial interest of a series of notes secured by the same real property or of undivided interests in a note secured by real property equivalent to a series transaction, exclusive of any notes or interests of a licensed real estate broker that is the issuer or servicer of the notes or interests or of any affiliate of that licensed real estate broker.” (Civ. Code, § 2934a, subd. (a)(1).)
    (6) We agree with appellants that respondent did not have the authority to execute a substitution of trustee until MERS assigned the deed of trust to it. Thus, Quality’s August 3, 2007 notice of default was defective. Nonetheless, Huynh had more than three months to satisfy his obligation before Quality executed a notice of sale. The substitution of trustee was effective when respondent became the beneficiary under the deed of trust and when the substitution was recorded on November 9, 2007. (Civ. Code, § 2934a, subd. (a)(4) ["From the time the substitution is filed for record, the new trustee shall succeed to all the powers, duties, authority, and title granted and delegated to the trustee named in the deed of trust."].) Thus, the notice of sale was valid.Quality then completed the foreclosure in July 2008, long after its substitution as trustee took effect. This situation is distinct from other cases that have voided a nonjudicial foreclosure sale when a party other than the trustee initiated the proceeding and completed the sale without having been substituted in as the trustee. (See Pro Value Properties, Inc. v. Quality Loan Service Corp. (2009) 170 Cal.App.4th 579, 583 [88 Cal.Rptr.3d 381]; see also Dimock v. Emerald Properties, supra, 81 Cal.App.4th at pp. 876-878 [foreclosure sale void where original trustee completed foreclosure sale after being replaced by new trustee].) Appellants offer no authority for the proposition that the defective nature of the initial notice of default corrupted all subsequent steps in the nonjudicial foreclosure proceeding such that the sale was void, not merely voidable.
    Thus, this ruling seems to leave open a tiny door for situations where the wrong trustee sells the property at foreclosure sale. In those situations, the sale may be VOID with no obligation to tender. So, looking for grounds to challenge the Substitution of Trustee may be one of the few remaining challenges in California to either enjoin or set aside a wrongful foreclosure sale despite courts recognizing the the foreclosure procedure must be valid.
    The Court cited Tender statute in California:
    (8) A tender is an offer of performance made with the intent to extinguish the obligation. (Civ. Code, § 1485.) It must be unconditional (Civ. Code, § 1494) and offer full performance to be valid (Civ. Code, § 1486). Civil Code section 1512 provides: “If the performance of an obligation be prevented by the creditor, the debtor is entitled to all the benefits which he would have obtained if it had been performed by both parties.”
    NOTE: I do not believe the “tender rule” is a hard and fast rule. You have to look at what your facts are. Some cases have held that a tender may not be required where it would be inequitable to do so. (See Onofrio v. Rice (1997) 55 Cal.App.4th 413, 424; see also Dimock v. Emerald Properties (which was actually cited by the Ferguson court) (2000) 81 Cal.App.4th 868, 876-878 [which held that there was no requirement to tender when the wrong trustee sells the property, in these instances, the sale is VOID, not merely VOIDABLE, and no tender was needed to challenge the VOID sale].) There are other cases that talk about VOID vs. VOIDABLE. However, you need to be aware of the rule, and there will be tender challenges raised in almost every case of wrongful foreclosure so there has to be a strategy, and cases to deal with that. Also, where the Plaintiff’s lawsuit challenges the validity of an alleged underlying debt, tender is not required since it would constitute an affirmation of the debt.” See Onofrio v. Rice, supra, 55 Cal.App.4th at p. 424.
    NOTE2: This case also discussed the requirements of a Quiet Title lawsuit in California:
    (2) Here, appellants sought to quiet title against respondents and set aside the trustee sale at which respondents purchased the property. In order to state a viable cause of action for quiet title, a complaint must include: “(a) A description of the property that is the subject of the action. . . . [¶] (b) The title of the plaintiff as to which a determination under this chapter is sought and the basis of the title. . . . [¶] (c) The adverse claims to the title of the plaintiff against which a determination is sought. [¶] (d) The date as of which the determination is sought. . . . [¶] (e) A prayer for the determination of the title of the plaintiff against the adverse claims.” (Code Civ. Proc., § 761.020.) To bring an action to quiet title a plaintiff must allege he or she has paid any debt owed on the property. Shimpones v. Stickney (1934) 219 Cal. 637, 649 [“[A] mortgagor cannot quiet his title against the mortgagee without paying the debt secured.”].) The complaint must also be verified (sworn under oath).

  7. Not new or news. This is Illinois/Cook County related:
    Illinois Foreclosure Defense‎ > ‎Illinois Foreclosure Law‎ > ‎
    15-1505.5 Payoff Demands

    (NEW EFFECTIVE JANUARY 1, 2009)

    Sec. 15-1505.5. Payoff demands. (a) In a foreclosure action subject to this Article, on the written demand of a mortgagor or the mortgagor’s authorized agent (which shall include the mortgagor’s name, the mortgaged property’s address, and the mortgage account or loan number), a mortgagee or the mortgagee’s authorized agent shall prepare and deliver an accurate statement of the total outstanding balance of the mortgagor’s obligation that would be required to satisfy the obligation in full as of the date of preparation (“payoff demand statement”) to the mortgagor or the mortgagor’s authorized agent who has requested it within 10 business days after receipt of the demand. For purposes of this Section, a payoff demand statement is accurate if prepared in good faith based on the records of the mortgagee or the mortgagee’s agent.

    (b) The payoff demand statement shall include the following:

    (1) the information necessary to calculate the payoff amount on a per diem basis for the lesser of a period of 30 days or until the date scheduled for judicial sale;

    (2) estimated charges (stated as such) that the mortgagee reasonably believes may be incurred within 30 days from the date of preparation of the payoff demand statement; and

    (3) the loan number for the obligation to be paid, the address of the mortgagee, the telephone number of the mortgagee and, if a banking organization or corporation, the name of the department, if applicable, and its telephone number and facsimile phone number.

    (c) A mortgagee or mortgagee’s agent who willfully fails to prepare and deliver an accurate payoff demand statement within 10 business days after receipt of a written demand is liable to the mortgagor for actual damages sustained for failure to deliver the statement. The mortgagee or mortgagee’s agent is liable to the mortgagor for $500 if no actual damages are sustained. For purposes of this subsection, “willfully” means a failure to comply with this Section without just cause or excuse or mitigating circumstances.

    (d) The mortgagor must petition the judge within the foreclosure action for the award of any damages pursuant to this Section, which award shall be determined by the judge.

    (e) Unless the payoff demand statement provides otherwise, the statement is deemed to apply only to the unpaid balance of the single obligation that is named in the demand and that is secured by the mortgage or deed of trust identified in the payoff demand statement.

    (f) The demand for and preparation and delivery of a payoff demand statement pursuant to this Section does not change any date or time period that is prescribed in the note or that is otherwise provided by law. Failure to comply with any provision of this Section does not change any of the rights of the parties as set forth in the note, mortgage, or applicable law.

    (g) The mortgagee or mortgagee’s agent shall furnish the first payoff demand statement at no cost to the mortgagor.

    (h) For the purposes of this Section, unless the context otherwise requires, “deliver” or “delivery” means depositing or causing to be deposited into the United States mail an envelope with postage prepaid that contains a copy of the documents to be delivered and that is addressed to the person whose name and address are provided in the payoff demand. “Delivery” may also include transmitting those documents by telephone facsimile to the person or electronically if the payoff demand specifically requests and authorizes that the documents be transmitted in electronic form.

    (i) The mortgagee or mortgagee’s agent is not required to comply with the payoff demand statement procedure set forth in this Section when responding to a notice of intent to redeem issued under Section 15-1603(e).

  8. I need help with a foreclosure in TN. The infamous IndyMac/One West Bank is the lender; they have sent me a modification application and requested the same information, income verification, four different times; today I received a letter of the intent to foreclose. Please send me an email at ahrice2003@yahoo.com

  9. Report of B O A fraud and corruption in So. Calif. Family in So.Ca was recently in modification consideration by BofA who tells them there will be NO foreclosure during this process. They were notified while still in the process last week, their home was sold. If this sounds like your problem, give us a confidential call at 818.453.3585 and ask for Sara or Steve M-F 9-4. We have filed dozens of actions to help those in need and we “get it.” We have lawyers, paralegals and experts to help you. Free consultations upon availability.

  10. We get it in Calif. Just filed new TRO actions based on new appellate rulings. If the lender FAILS to comply with your Modification plan, that is a material breach and can be used to enforce your TRO. We do the document preparation for much less, but have attorneys if you prefer representation. BK referrals confidentially done on request.
    818.453.3585. ask for Sara or Steve 9-5 or leave voice mail.

  11. I am in Arizona BOA keeps running us around on a modification, Lost our info the first time, then wrong department, reapply always. NEED someone that knows how to talk to these people before my house gets foreclosed on

  12. I live in Texas. If I want to get a complete package of my recordation of title, what do I need to ask for at the clerk of court and what should I be looking for to ensure my lender has no right to foreclose? break in chain of title due to MERS??

  13. We need an attorney in Texas who get its.

  14. We get it in California. We have assisted dozens to get TRO on foreclosures and to sue the banks. We have attys and in pro per help at low rates for the consumer. We know all the tricks of the banks. ATTACK STANDING…it’s starting to work in State and Federal Court. Low cost help in pro per….you dont need a lawyer if your foreclosure documents are not proper to get relief. We also have BK assistance available if you need 911 stay order. Call 818.453.3585 ask for Sara or Steve Nelson or leave message. We get it. God Bless Neil and America!!!

  15. Need a lawyer in ND…can anyone suggest one?

  16. Need attorney in Louisiana ASAP!!!!!!!!!!

  17. I need help in ND please. Been ‘working’ with our bank since Sept 09 on a mod……

  18. Foreclosure attorneys in Calif and nationwide, we NEED YOU TO SEND your RESUME SO WE CAN GET 911 Foreclosure cases to you. Please send your email to JIMMY777777@gmail. An entire country is crying out for help and we need your expertise immediately.

  19. I am trying to help my friends save their home!!

    Kay has Parkinson’s Disease and Marty has been battling cancer. In the last year Kay has had four surgeries. Two were to put the leads in her brain for DBS and two were to implant the neurotransmitters that control the electrical impulses that are sent to her brain constantly to help control her Parkinson’s Disease. Marty has spent more than five months in the hospital over the last year with his ongoing battle with cancer. All this while trying to raise a seven year old boy.

    In 2007 their home burned to the ground and they lost everything. They spent the next year battling with the insurance company who did not want to pay according to the policy. Eventually the insurance company was not given a choice and they were forced to follow the contract and pay according to the policy. This is when the fun began their mortgage holder US Bank tried to take the entire amount of the check even though the Check was issued to cover both the amount of the structure that was burned but also the contents of their home. Well the Judge did not think that was fair and not only made US bank give the money up but also slapped US Bank with contempt charges for the stunt.

    This two court cases took almost $10,000 from what should have been money to replace what they lost.

    Shortly after they got their new home Kay noticed that their payments were not being applied correctly on their mortgages. Two payments were even sent back to their bank sixty days after they had made the payments.

    Because of all the medical issues they have faced in the last year they were having trouble making their mortgage payment so they hired a firm out of Florida to help the do a Modification of their mortgage. The firm told them not to make any payments because US Bank was not applying the payments correctly. Now that firm has taken their money and is now saying sorry we can’t help you .

    Kay and Marty have been told that they are facing foreclosure and in less then 30 days their home will be put up for auction. I have requested help from Georgia Legal Aid they were very nice but the strict guidelines that are used to qualify someone for help does not take into account that Kay and Marty are both on Social Security Disability and the have to pay for private health insurance for Marty, because you don’t get Medicare for two years after you qualify for Social Security Disability. Nor do those guidelines take into account the other healthcare expenses they have on a monthly basis.

    What I am trying to do is find an Attorney in Georgia that will take their case Pro-Bono and help stop their foreclosure and help them get a modification done on their mortgage..

    Thanks
    Tom Sexton

  20. We have a foreclosure defense team in Georgia. We stop foreclosure. GIve us a call. 770-557-9889

  21. I want to know about the cases of OCWEN FEDERAL BANK that have been investigated from past & present if any exist at all ! please thank you.

  22. I need an Attorney in Georgia!!! Please e-mail me at
    sonya36767@yahoo.com This is for a fraud mortgage

  23. Does anyone know of anyone who can help us in Colorado?? We’ve been turned down by over 15 attorneys in this state and have been told that we “can’t do anything” which just cannot believe!

    We have a very extreme situation. We were defrauded when we bought our property in 2004. It turns out that our property was zoned commercial, all our buildings are in the county right-of-way, our detached 2-car garage/workshop is 5 ft over property line, the septic system they were required to put in before we closed was only put down 3 ft as they hit water at 4ft and the whole mess is in not a “flood zone” but a “flood way” which means you can never build or do anything with it! We sued, and won against the title company, the brokers, the appraisers lost their licenses, and we are in the process of going after the previous owner as she knew all of this when she listed it and did not disclose any of it. Our attorney handling all of that stuff cannot help us with the mortgage issues.

    We now find ourselves looking into our mortgage docs and have learned that there is so much fraud, misrepresentation, etc. that they are not worth the paper they are written on. 9 violations were found when we paid to have a forensic audit done. In retrospect, if the property was presented correctly, we would have purchased land alone with the buildings, house, etc considered “salvage” as the county states in their abatement letter. Not to mention that we would have NEVER bought it had we been given the real story.

    HSBC has blatantly lied to us so much, including about what was paid for county RE taxes. On 4 different pay-off statements (each with a completely different amount) they quoted $2600 that they paid for our taxes when in reality they only paid $1100. They hit us with $57k in misc/accrued interest fees making selling our home completely out of the question, even though we have several buyers who want it. 14 home inspection fees, 4 Broker price options (whatever that is), photos, unexplained corporate fees and advances to escrow when in fact our assessed value of the property went from $250k down to $50k due to the problems. Our escrow payments kept going up when in reality our taxes plummeted from $1500 down to $300!

    HSBC has lied to us constantly over the past 6 years, giving us random odd amounts to pay to set us up with a modification, taking the funds out of our bank account themselves and when the next payment comes due, they have no record of any modification. This has happened 4-5 times. The amounts we were told to pay went entirely to their fees and nothing to our principal or anything else, making us even more late on payments when we thought we were current.

    There are so many errors, mistakes, lies that they have done that it is overwhelming. We just don’t know where to start or which issue is our strongest case. And we cannot find any attorney to help us.

    We are going to represent ourselves in hopes that the court will review our evidence and see what a mess HSBC has held us to. They tell us “you can afford 15.625% interest on your mortgage!” and have literally held us hostage for 6 years while we re-zoned the property as no company would put a residential mortgage on a commercial property, so refinancing or selling was not an option. We are done. They have financially ruined us and now they are trying to take our home.

    Any ideas or help or direction would be so appreciated. My number is (303) 918-0875 or email me at donna@us-steenkamp.com

  24. need houston attorney for pre-foreclosure with B of A

  25. I need an attorney in Oklahoma. BoA notified me that my home is being reviewed for foreclosure. I applied for a loan mod over a year ago after my husband’s death. To complicate matters, I did not sign the note but the title company added me to the deed in joint-tenancy, and at death the home passed to me. I have not removed his name from the deed, but I’m wondering who BoA can take my home when the title passed to me. They tell me I can remove his name at the court house by showing a copy of his death certificate. I paid a reduced payment by forebearnce since I applied for the loan mod, but this month, stopped paying. I have sent documents 4 and 5 times, after told each time that my (husband’s) account was showing up in their system in threes “places.” Supposedly, it is now in the hands of BoA to make a decision about the modification. I’m wondering how BoA can modify the loan when my husband has died. I so confused and upset but thankful that none of this mess in on my credit, at least not yet.

  26. 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!

  27. I just got off the phone with a title company, who is listed on my old mortgage paperwork, that represented the mortgage company servicing my loan in 2003 for two months.

    I asked her why they didn’t record a ‘Release’ with the recorder’s office, when it changed hands to a new servicer? She said they Recorded the mortgage for them, but they weren’t responsible to record the release. I told her that I was charged for a Release in my paperwork.

    I asked her, if the new servicer can just ride on an old out-dated recording? She said, Yes! She said, the new servicer takes it over and they don’t have to record anything until it’s paid in full.

    I told her that all of the past mortgage companies show releases under my name. I told her that the law states it must be recorded /released and in the current servicers name to be perfected. She said that may be how the law reads, but that’s not how it works out here, I told her that we all should play by the same laws don’t you think? She didn’t respond.

    A great example of title companies helping mortgage companies cover the fraud.

    Scott

  28. Thank You Jake,

    I am looking for an attorney. The only problem here in Corrupt Illinois is, you can’t find one to represent you 100%. Do you know why that is? Check it out sometime. Do you know what the ‘BAR’ stand for? This is a good place to start.

    I have emailed Elliot Jessop from Jessoplaw.com, because he is a lawyer listed here, “Who Gets It” and he never responds. Guess he doesn’t get it.

    Thank You

  29. Scott Johnson,
    MrsDiamond@msn.com

  30. Scott I would recommend that you seek competent council from an experienced real estate attorney in your area. Even if your facts are good, you may find it very difficult to prevail due to procedure. I am not an attorney but it has been my observation that if it comes down to the court, the more experienced trial attorney has a better chance to obtain a reasonable outcome. I have observed cases with very good facts destroyed by procedural mistakes made by pro se or inexperienced attorneys. This may be the water you are wading into.

  31. Hello Jake,

    Case? To take possession of my home. Free and clear! There hasn’t been a deed recorded since 2003 on my property.

    I’m tired of talking about it on these types of sites. It’s all dinner table discussions and no action.

    My goal is #1 to hold the mortgage company accountable for a three month delay in responding in an unresponsive way, to all questions from a QWR/TILA request and #2 place them on Notice that I am seeking interest / possession of my property because of an unrecorded deed since 2003. They can’t produce the original note. They sent me a copy that was never notarized. My mortgage has changed hands 6 times since 2001 and I am current on my mortgage.

  32. Scott? case to do what?

  33. Is anyone home? No one wants to speak up on my past topic I guess. Does anyone know if I have a good case?

    Thank You

  34. Lisa D What is your email?

    Thanks
    Scott Johnson

  35. Scott Johnson,
    Go to:http://www.thehomeownersrevolt.com/

  36. Does anyone have a comment or advice?

    Thank You

    Scott Johnson

  37. In addition to the above comment that I left earlier…
    I’d like to say that I’m current on my mortgage, but would like to seek information on how to obtain or claim all interest in my property.

    There’s a couple of UCC filings coupled with security agreements recorded against my property. In Illinois, who ever files first in the county, is the first in line, should something happen.

    So, if the recorder’s office tries to back date a corrupt deed filing on behalf of the mortgage company, prior the UCC filings, I’m afraid that would make them just as guilty as the mortgage company. Anyone have any suggestions?

    Thank You

  38. Scott give me a call….might be able to help ya

    http://foreclosureblues.wordpress.com/about/

  39. Hello,

    I am looking for expert advice with regards to an unrecorded deed involving my property in Illinois. A mortgage company is listed, that went out of business years ago and there’s no corresponding release recorded at the recorder’s office. I have paperwork that shows the mortgage changed hands. The past three times my mortgage changed hands in the past few years, it was never recorded. The current mortgage company has not recorded the deed. I have time stamped proof of this fact.

    I sent a certified QWR/TILA last November, that the mortgage company finally responded to, in March 2010. They said that the QWR lacked legal recourse and totally ignored all questions. They did send copies of the deed and mortgage and the Chain of Title.

    My question is…I want to know if I can file a motion against the mortgage company placing them on Notice, that I am seeking possession and interest of my property for not adhering to Illinois state laws?

    Illinois is a Race/Notice state.

    Thank You
    Scott Johnson

  40. LOOKING FOR FORECLOSURE ATTNY IN ILLINOIS WHO GETS IT! PLSSSSSSSSSSSSS HELP. THANK YOU!

  41. I Need an attorney in Atlanta who gets it ASAP. Can you recommend one?

  42. I would lke to know if i can take this class in the state of MD that is being offered on the website. Is the class done online or in a location in AZ or CA.

    I’m in MD and also need an attorney that gets it. How do I find your list of attorneys that we can interview.

  43. I am looking for an attorney who gets it in Michigan and Ohio.

  44. i am in hawaii, i am searching for an attorney who gets it.
    my forclosure case is finished, and went undefended for lack of money to get an attorney, however no one shows u at the auction so the lender still lets me stay here and sends me offers periodoiclly, my loans were with countrywide, which transfered the to “new york BONY” and charles swab, who then transfered them to BOA who now has them i do not know if mers was ever involved. Anyt attorney interested in getting involved lease contact me. Also how can you reoen a forclosure case with the new information now avaiulable from this web site?

  45. I am attempting to locate the attorneys involved in the potential class action in Missouri mentioned on one of the blogs. We live in Kansas, and have been getting the runaround by Chase for nearly two years and need a good lawyer who can practice in Kansas.
    Been reading Neil’s blog for about six months now. It is simply great. thanks, Carrie

  46. Need Az., Lawyer to talk to about countrywide mort.

  47. I need an attorney who gets it in Maryland Please contact me Thank you

  48. I would like some advise on what I should do. I filed a complaint against my lender and broker Pro-Per back in October 2007. The basis of my complaint is that my loan documents were forged and was the victim of predatory lending. I filed Pro-Per because I was unable to afford a lawyer. I have been able to survive two different Demurs and Motions to Strike and Motion for Judgement on the Pleadings and have a trial date in March 2010. Over the past two years I was always careful to follow the court’s procedures and comply with all deadlines. In May 2009, I hired a lawyer that read my story that I posted on this website. When I met with her, she was confident that she could help me and was very convincing. I felt she had the same passion that I did to fight against predatory lenders and win my case. I informed her up-front that I did not have much money. I paid her a retainer and she said I could work on her home and also file court papers as she needed me. At the time that I hired her, I was about to attend a deposition by defendant. She attended the depo with me, but she stated that she was unaware of the details of my case, so she was not objecting to anything, so I left the deposition feeling that it did not go well. When I first met with her, I informed her that I needed her to send out discovery and set up depos, She stated that she wanted to Amend the Complaint to add additional defendants and Causes of Actions. None of this has been done as of today. Seven days after I paid her the money, she was threatening to withdraw from my case because she said that I was not complying with her requests for my documents, which was not true. I gave her all the documents that I had. She also said that she was unable to get in touch with me, which was also not true because I had been to her house numerous times to do work. Defendants served a Request for Production of 22 different documents, and the day before they were due, she called and informed us that she was not able to prepare the documents and that we needed to do retrieve the files from her home, which is at least 25 minutes from where we live, put the documents in order and make copies and bring them back to her. She was very verbally abusive toward us and after a confrontation occurred between my girlfriend and her she informed me that I was not to discuss my case with her or she would resign. This made it very hard for me because my girlfriend has helped me from the beginning. She never should have had us doing her job to begin with. We are not attorneys’ and that is why I hired her. She became very negative and said that I was going to lose my case and the judge was going to dismiss it.
    After her first CMC (which she filed the statement late), the judge required a status letter to be filed by a certain date with she did not do. Over the next several months, I was at her home at least every other weekend and during the week, filing documents, all over the bay area, never missing any of her deadlines for her other clients, always available when she needed me. I had requested more than once that we discuss the details of my case and our strategy’s and she refused stating that there was no time for that and she was not going to waste time listening to me. As the next court date approached, she did not file a timely CMC statement or a status letter. I sent her a lenghly e-mail with my concerns that she was not properly representing me and did not treat me with respect. After several attempts to contact her, she finally telephoned me and informed me that she wanted to withdraw from my case, and that I needed to sign a Substitution of Attorney and that the judge would most likely be dismissing my case and trying to intimidate me by saying that I was going to lose my home. I refused to sign anything and told her that I would see her in court. This was the third time she had threatened to withdraw and it had only been three months since I hired her. By the day we appeared in court, she had not filed a substitution of attorney or had she filed the CMC statement. She arrived late to court and immediately informed the judge that she would be resigning. The judge wanted us to try to work it out. As soon as I requested to speak, my attorney said that she would be willing to step outside and talk to me. We worked out our differences and informed the court that she no longer was resigning and the judge assigned my case to mediation. Again my attorney stated that she wanted to amend the complaint to add additional defendants. The judge said that she should do this immediately. The judge ordered that we choose a mediator and inform the court within 30 days and set a Compliance hearing. My attorney again did not comply with this request even though I worked for her again and sent her a reminder email to notify the court. She not only didn’t send a status letter, she also failed to appear at the compliance hearing and now is subject to sanctions. The judge has ordered both attorneys to appear to show cause why she should not sanction them further or dismissal of the actions/striking of the pleadings pursuant to CCP 177.5 and 575.2.
    This is where I stand now. I sent her an e-mail asking her why she had not complied with the court and that I was very concerned because she had not done anything she said she was going to do. I also asked her what the judge meant by that. She said that she had chosen a mediator and did not know why the court did not receive any documents from the mediator. It is not the mediator’s responsibility to notify the court. It was hers. She then informed me verbally of the mediation date. The OSC hearing is set for 11/05/09 and she is to file a declaration by 10/29/09. She has not filed anything in my case since June 8, 2009 which was one week after she was retained. She has not provided me with the legal representation that I am entitled to, nor has she conducted any discovery or responded to any of my requests. I don’t know what my legal rights are. What happens to my case, if she continues to be noncompliant. Would the judge actually dismiss, and if so, what is my recourse?
    I have worked so hard fighting lenders, brokers, and their attorneys. I have gone to the Department of Real Estate, Department of Corporations, District Attorney’s office, Department of Justice, and even appeared on Channel 7 on your side with my story. I have stopped the illegal sale of my home five times, with the last time on the court steps at 12:05 p.m. on the day of the sale. I have never given up and am still in my home and intend to remain here for a long time.
    I believe in what I am fighting for and intend to try to help innocent homeowners who are victims of Predatory Lending Practices and against crooked lawyers who are misleading and taking their monies.
    This is why I am asking you for your advise as to what I should do. I am posting this on your site because this is where she found me and I don’t want this to happen to anyone else.
    I want you especially to become aware that this is happening on your website. I was told that I should not make a complaint with the State Bar while she was still representing me. I do not have money to hire a different lawyer, but can I proceed with a lawyer that I do not trust.

    Neil, thank you for taking the time to read my story. I anxiously await your reply and the comments and advise of your readers.

  49. I am looking for an attorney who gets it ASAP in Wisconsin. This is a mess. TILA, REG Z, plus a host of other laws including predatory, no recission on primary, balloon feature etc. If you are an experienced attorney or know of one please email me at jtl5@comcast.net.

  50. I have a FHA loan not in forclosure or arears up to date. However I have found that the HUD-1 page 3 signature of the seller was black and white cut out and pasted into the signature area and then whited out around the cut out and the co-sellers name/signature area was also whited out. Both sellers names are on page one of the HUD. I was given the original HUD doc I believe by mistake (wet ink signatures) at the closing the sellers were not there for the closing. I am in New Mexico just south of Albuquerque. The closing company,,,,,First Fedelity. Looking for an attorney to kill these guys..

  51. looking for lawyer that gets it in NM ,OR, federal lawyer able to practice in NM. Got preliminary review and already shows problems

  52. Anyone knows a California lawyer good in defending a defendant against unlawful detainer. The Plaintiff has no standing in court due to the servicing company they represent failed to state their claim by not complying and meeting the FDCPA requirements after a notice to resist and cease from ant collection activities prior to validating the purported debt.?
    Thanks
    Contact Manny 610-203-0968 or 951-206-4396

  53. I would like an attorney in Georgia. The lender foreclosed on the home while I was in bankruptcy chapter 7 in October 2008. I am still in the home. I have been fighting in superior court. They sent me a short-sale agreement on the 10th of September 2008 and they foreclosure on October 7, 2008. They foreclosed in less than 30 days ( the mortgage note says they must give me 30 days notice for foreclosure) although the attorney had sent me notice before. I believe the later agreement nullify the attorney’s letter. Please respond.

  54. Hi, everyone I think your site is great! I have been in the mortgage business for over fifteen years. Offering great service with integrity,professionalism and hard work. My question is two fold: first I would like an attorney referral for Rhode Island due to pass clients calling looking for help! second how can I find find out who can help my clients modify there mortgages that need help with out being scammed. I have been hearing so many stories about people sending money to companies to get their mortgages modified only to find out that their money was taken with no services rendered. Simply put they were scammed!

  55. Roman: Questions are good but do you really know the answers? Please submit bio and sampling of your work to ngarfield@msn.com and become a “Lawyer Who Gets It” on our list, if you demonstrate reasonable proficiency in the basic concepts of TILA, securitization, UCC, appraisal fraud etc.

  56. I am an attorney that has several cases in litigation currently and we are attempting to rescind the loans in New Jersey and New York, E mail me with questions.

  57. Anyone 1 in the NY area?????????

  58. I have been in the Title & Escrow closing industry for 20 years and have done thousands of closings for lender’s on refinances and sale closings. I am not an attorney, but a licensed title insurance agent for Tennessee.
    Carol Molloy is a friend and worked some for me at one of my title companies when she moved to Tennessee. She told me about your company and gave me your web site.
    I have started reading some of the material on your web site and find it very interested. Based on some of the closings we did for lender’s and mortgage companies during the refi boom of stated income and stated assets, I can see why our economy is suffering. I had several mortgage loan officer’s wanting me to “sell their customer on what a great deal they were getting “at the closing table, which I refused. I asked several to go some where else for their closings, because I did not like their tactics.
    Great work and great information.

    Ron Woods

  59. Neil, I am a licensed attorney in Arizona. I would like to talk to you as soon as possible about associating with you on some cases. Please call me at 480-755-7110 x 101 or on my cell at 480-220-6905. Thanks!

  60. I’m NOT a lawyer, but I PLAY one around the house! With everything in the perspective we share here, will someone professional look at Wisconsin Statutes, Chapter 134, 134.15 “Issuing and using what is not money; contracts void. (1)Any person who shall knowingly issue, pay out or pass, and any body corporate, or any officer, stock holder, director or agent thereof who shall issue, pay out or pass, or receive in this state as money or as an equivalent of money, any promissory note, draft, order, bill of exchange, certificate of deposit or other paper of any form whatever in the similitude of bank paper, circulating as money or banking currency, that is not at the time of such issuing, paying out, passing or receiving expressly authorized by some positive law of the United States or of some state of the United States or of any other country, and redeemable in lawful money of the United States, or current gold or silver coin at the place where it purports to have been issued, such person shall be punished by imprisonment in the county jail not more than six months or by fine not exceeding $100, and such body corporate shall forfeit all its rights, privileges and franchises and shall also forfeit to the state and pay for each offense the sum of $500.
    (2) All contracts of any kind whatever the consideration of which, in whole or in part, shall consist of any such paper as is prohibited in sub.(1) and all payments made in such unauthorized paper shall be null and void.”

    Does this mean what I think it means?

    usedkarguy@yahoo.com

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