We can help YOU!
We have over 100 lawyers that “get it” who can assist you and you
can of course find your own. You can also use the information on this
blog to get started yourself or to get your lawyer started in the right
The normal procedure is as follows (although every case has some differences)
1. Information Gathering
Complete an HOMEOWNER INTAKE FORM— keep your loan information and closing documents at your
fingertips so you have them when our team member calls you.
One of our volunteers will call you, please be patient.
2. Request a Preliminary Loan Document Review to assess potential claims for violation of Consumer Protection and Consumer Lending Laws.
3. Referral to our Mortgage Audit Group that will analyze your mortgage loan documents, find potential or actual violations of TILA, and initiate RESPA letter to your lender and procedures to settle your case. We recommend you contact Brad Keiser at the Foreclosure Defense Group either call 888-829-4405 or email firstname.lastname@example.org
4. Demand Letter to “lender” requesting documents to prove they are the holder of the note and that they have the power to enforce the mortgage and note. This may be done as part of the services in number 3 above by FDG.
5. Rescission Letter or Cancellation where appropriate: Note that this might be under TILA but it will probably include rescission or cancellation under
other Federal and State statutes and common law. Rescission does NOT
mean you are offering your house to the lender. Rescission is the
reversal of a transaction. The transaction you reverse here is the
“loan” of money in exchange for your signature on a pile of documents
that you could not possible understand, and where the real lender was
hidden from you, and where most of the fees generated by your loan
closing was were not disclosed, which is a violation of several
different Federal and State requirements. Rescission cancels the note
and mortgage and gives rise to a possible claim by the lender for
return of the loan — but without any claim on your house. The
lender’s claim is subject to numerous defenses, affirmative defenses,
set offs, and counterclaims.
6. Litigation: Referral to a competent licensed legal professional in your area or
you can find your own. Our network of attorneys can assist. Fees vary, but a
retainer is ordinarily involved since these attorneys must be paid for
their time. However, most of the attorneys we work with keep their
retainers low and/or work out monthly payment plans and take most of the case on contingency — a good indication that they believe you have valid claims and a substantial recovery for you is
possible. Recovery of attorneys fees and costs is deducted off the
amount you owe. See the link on the page one for listing of “Lawyers that Get It”
NOTE: I AM LICENSED TO PRACTICE LAW IN THE STATE OF FLORIDA AND I AM AN EXPERIENCED LITIGATOR — ESPECIALLY WITH THE ISSUES RAISED BY FORECLOSURE DEFENSE. I AM A WRITER AND A RESOURCE AND CONDUCT LAWYERS WORKSHOPS. I TEACH SEMINARS AND I MENTOR LAWYERS OVER THE PHONE. I AM ALSO AUTHORING A BOOK ON THE HOMEOWNER’S WAR, WORKBOOKS FOR LAWYERS AND WORKBOOKS FOR PRO SE LITIGANTS WHO CANNOT FIND OR AFFORD AN ATTORNEY. I DO NOT RECOMMEND PRO SE APPEARANCES ALTHOUGH I WILL
CANDIDLY REPORT THAT PRO SE LITIGANTS ARE HAVING CONSIDERABLE SUCCESS
AT THE MOMENT.
You or your lawyer may purchase many of the above referenced services or workbooks and manuals through our Services and Products page.
Neil F. Garfield, Esq.