OREGON LAWS AND FORMS

NOTICE OF DEFAULT DISCHARGE OF OBLIGATION AND DEMAND FOR RECONVEYANCE

30 Responses

  1. "Nil Debet, on October 23rd, 2009 at 4:03 am Said:", on November 18th, 2009 at 2:11 pm Said:

    ““sell” the property to your family trust or an LLC, warranting that the title is free of all liens and encumbrances.”

    As per my knowledge from previously being a licensed real estate agent in Oregon, for a sales transaction to be legal, it MUST have transfer of consideration in exchange for the property.

    If you follow the example given by Nil, make sure you have record of payment for the property, even if it is only one dollar.

    I am not an attorney and the above is NOT legal advice – simply sharing of professional knowledge.

    GeoD

  2. George, on November 18th, 2009 at 1:12 pm Said:

    Hi all,

    I’m in Oregon and am looking for legal/pro se help and synergy, support, encouragement from others fighting for their homes.

    I found someone to help us about five weeks ago, but, now two weeks before auction, they have become ‘in-communicado’ and we are now feeling quite alone and bewildered.

    Would be grateful to here from and interested in networking with anyone in Oregon to make the public more aware of this mortgage nightmare.

    Contact me @ Hi all,

    I’m in Oregon and am looking for legal/pro se help and synergy, support, encouragement from others fighting for their homes.

    I found someone to help us about five weeks ago, but, now two weeks before auction, they have become ‘in-communicado’ and we are now feeling quite alone and bewildered.

    Would be grateful to here from and interested in networking with anyone in Oregon to make the public more aware of this mortgage nightmare.

    Contact me @ disposable.contact09@yahoo.com

  3. Dixie Smith, on November 16th, 2009 at 5:30 pm Said:

    Is there any progress being seen in Oregon yet? I still It just goes on and on. The fight is still tough and the banks are still making the money and gaining our property.
    So…..looking for news in Oregon and successes for homeowners.

  4. Deontos, on October 25th, 2009 at 3:03 pm Said:

    Ken

    I am not in Oregon, so I don’t
    have a dog their to fight for.

    However we are all American
    Dogs. So we have to fight
    Nationwide. Have you seen
    Foreclosure Fraud’s
    “Guide” to research
    fraudulent foreclosure
    filings in the public record?

    If not, you may want go here: http://www.scribd.com/doc/20916919/Foreclosure-Fraud-Guide-to-Looking-up-Public-Records-for-Fraud

    If we can grow this database
    NATIONWIDE and SOON; we will
    have something substantive to publicize
    both LOCALLY and NATIONALLY.

    I believe you are as determined as I am
    and many others here to prevail in our
    own trials; but also to alter this current
    Historical Direction back to the “Rule
    of Law” instead of LIES.

  5. Ken Dost, on October 25th, 2009 at 10:06 am Said:

    I am organizing a planning committee to strategically plan the disruption of the auction process so as to gain the media attention, which they have thus far ignored. The ideal is to make public issue and blow up the myths of subprime borrowers that the media has painted of us….Also to take exception to the state legislature’s handling of the matter and force the issue of eliminating the nonjudicial nature of foreclosure proceedings.

    We can make a stand, we can do this…..These are our homes, our lives and our Country…….Please join with…
    contact me at my FB address, email or preferably call me at 503-543-3642…..

    Lets kick some ass people and take back our lives and save the lives of those who are unaware of Neil’s brilliant strategies

  6. Jennifer, on October 25th, 2009 at 9:30 am Said:

    James,

    Count me in! Let’s join forces and help each other.

    My website is our story and links to articles.

    Jennifer

  7. Nil Debet, on October 24th, 2009 at 2:58 pm Said:

    Jennifer,

    In your rescission letter, it should be said that:

    “This communication will serve as our Notice of Right to Cancel dated XX/XX/2009. TILA (Truth in Lending Act, 15 USC 1601 et seq; 12 CFR Part 226) allows three (3) years to review Disclosure Documents. The referenced ‘Three Day Right to Cancel’ must have a trigger to begin. That trigger, is when the Lender has provided the Borrower with ALL of the required Disclosures under TILA, and that the same are true, complete, accurate and timely provided.

    Being as the entire purported loan/mortgage process and Deed of Trust referenced herein and throughout, was obtained by wrongful acts of fraud, fraudulent inducement, concealment, and fraudulent misrepresentation, the borrower has other recourse, right and cause of action under numerous State and Federal statutes. Acts of fraud taint/void everything it touches as the US Supreme Court has declared: “There is no question of the general doctrine that fraud vitiates the most solemn contracts, documents and even judgments.” (U. S. vs. Throckmorton, 98 U.S. 61).

    To this date, Lender has NEVER provided Borrower with true, complete, accurate or timely documents as required. ONLY AFTER such provision has been done, can the ‘3 YEAR RIGHT TO CANCEL’ period begin.”

    This should not be construed as legal advice.

  8. Jennifer, on October 23rd, 2009 at 8:20 am Said:

    Nil,

    What if the re-finance was done longer than 3 years ago? Can you still rescind the loan?

    The mortgage company that is “servicing” our loan is not listed on our credit reports or deed through the county. they also have asked us for our loan documents.

    Of course I “can’t” find them anywhere.

  9. Nil Debet, on October 23rd, 2009 at 4:03 am Said:

    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.

  10. Ken Dost, on October 19th, 2009 at 8:07 am Said:

    There is strength in numbers. Perhaps we should combine our efforts together in forming a group here in the State of Oregon

    My number is 503-543-3642 for all interested

  11. james, on October 19th, 2009 at 5:50 am Said:

    While the Oregon legislature, including State Treasurer candidate Ben Westlund, was meeting to discuss mortgage reforms to prevent foreclosures on Jan 30, 2008 the same day Oregon PERS approved a $600 million investment in Lone Star, a highly successful forecloser >The judges are part of this pension plan . Shouldnt they recuse themselves for having broken their OATH ?http://www.youtube.com/watch?v=0WeB2klekfo

  12. Jennifer Costa, on October 18th, 2009 at 5:53 pm Said:

    I am a homeowner at the end of my rope with GMAC. I have been posting everywhere I can think of to get help. We need a step by step to do list web site for Oregonians.

    I have been through three departments, two servicer companies and now am in the HAMP program and it is a bunch of lies. DO NOT ask for the government plan! You give up rights and any private information.

    I am willing to join forces and help others…. but need to know the laws on what to do. Have not found an attorney who knows anything.

  13. Ken Dost, on October 18th, 2009 at 2:59 pm Said:

    Stewart vs Wamu, FA; US Bank National Assoc; Credit Suisse First Boston, Mortgage Securities Corp; Mortgage Electronic Registration System, Northwest Trustees…….FOR ALL OF YOU IN FORECLOSURE IN OREGON THIS IS THE CASE TO WATCH…
    I am posting this case on my cause site for all that want to see it.
    There is no guidance out here in Oregon though for a nonjudicial foreclosure…This link on this site for reconveyance makes no sense to me whatsoever…..

    IF THERE ARE ATTORNEYS IN OREGON THAT GET IT PLEASE CONTACT ME, JAMES, KATHY, TB, PDX AND ALL THE REST OF US…..WE CAN MAKE A STRONG STAND IN OREGON….WE ARE TOUGH BUT WE NEED SOME GUIDANCE

  14. Kathy/ Oregon, on October 17th, 2009 at 9:57 pm Said:

    If Oregon is heating up, is there any help out there in this state for home owners?

  15. Dan in Oregon, on October 17th, 2009 at 9:46 pm Said:

    Has any body out there found a lawyer in Oregon, that gets it? Thanks

  16. Ken Dost, on October 12th, 2009 at 7:31 pm Said:

    OREGON IS HEATING UP AS THE NEXT STATE TO BATTLE IN NEED HELP…WHAT FORMS ???

  17. TB, on October 5th, 2009 at 2:16 pm Said:

    I am SW Washington State, and have great need for legal representation. Issues:
    Rescission Enforcement (already rescinded loan)
    RESPA/TILA Violations beyond Rescission
    Securitized mortgage-Notarization issues

    PLEASE CONACT ME
    theresa98629@gmail.com

    Thank you

  18. pdx, on August 24th, 2009 at 10:27 am Said:

    i’m in the same boat … low, low on funds and can’t afford to make a wrong move. I need to stop or delay the auction date and figure out how to force this to court. I don’t need the services of people that charge A LOT of money and then make themselves look busy. I just need to know what can be done to stop the auction. Is bankruptcy the only way?

  19. larry henry, on August 17th, 2009 at 7:26 am Said:

    I need a lawyer in oregon who gets it, also I have started down the road of produce the notewith my servicer saxon mtg. I have successfully staled the sale date but am very short on time. is the only/best way to get this in fornt of a judge through a ch 13 bk? and list the property as an unsecured debt and foroce the lender to produce the note as their proof of the secured debt? HELP I am very low on funds and time I can’t aford to go down the wrong road with this.

  20. Andrew, on August 13th, 2009 at 11:31 pm Said:

    Andrew, on August 13th, 2009 at 10:44 pm Said:

    To homeowners and the like who are facing same situation as quoted by “Jeanine on April 17 2009,” “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 503 895 4146 or email cci_andrew@hotmail.com

  21. Andrew, on August 13th, 2009 at 11:25 pm Said:

    Andrew, on August 13th, 2009 at 10:44 pm Said:

    To homeowners and the like who are facing same situation as quoted by”Dixie on August 2nd, 2009″ and “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/message 503 895 4146 fax to 815-366-9338 or email
    cci_andrew@hotmail.com
    Don’t battle on your own, call and get directions with transparency.

  22. Ken Dost, on August 9th, 2009 at 4:16 pm Said:

    Here is Oregon’s latest and silliest legislation that is supposed to stem the tide of foreclosures….SB628

    http://www.leg.state.or.us/09reg/measpdf/sb0600.dir/sb0628.en.pdf

  23. Dixie Smith, on August 2nd, 2009 at 3:39 pm Said:

    James: I am in Oregon. I am trying to save my house from foreclosure as well as trying to help others. Please get back to me. Networking with others is, I think, going to be very helpful.

    Dixie

  24. Andrew, on August 2nd, 2009 at 2:57 pm Said:

    Those wishing to contact Andrew can do so by reviewing our web MaverickVisions.com
    We are not lawyers and do not give legal advice.

  25. Dixie Smith, on July 1st, 2009 at 4:33 pm Said:

    How do I contact Andrew?
    I am in Oregon. Need help.

    Dixie

  26. Andrew, on June 9th, 2009 at 2:45 pm Said:

    James, if you are still working on this, contact us.

    We are not lawyers or attorneys. We are human catalysts.

  27. Andrew, on June 9th, 2009 at 2:44 pm Said:

    Jeanine, contact us

  28. Andrew, on June 9th, 2009 at 2:43 pm Said:

    James and Jeanine,
    I am in Oregon and working through paper work to assist other homeowners in the fight to prepare RESPA requests and dealing with questions.

    Any help we can offer is not as a lawyer or attorney but as a Human Catalyst. We endeavour to help folks find the best course of action in fighting to keep the home.

    You are both welcome to connect with us, and so is anyone else who needs assistance negotiating the mountains of information.

    We have found a party in California who has successfully fought and won. He has supplied documentation for verified complaints etc.

    All the best!

  29. Jeanine, on April 17th, 2009 at 11:58 am Said:

    Does anyone have an example of the “Dispute of Debt and Proposed Structured Settlement” document referenced in the “NOTICE OF DEFAULT DISCHARGE OF OBLIGATION AND DEMAND FOR RECONVEYANCE” document? Also anyone with knowledge of the outcome? Thanks.

  30. james, on December 11th, 2008 at 4:40 pm Said:

    anybody in oregon facing foreclosure I am looking to network with others

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