FIGHT 2 KEEP YOUR HOME
Being in a foreclosure, facing eviction or having your mortgage underwater is not a good place to be in – especially in today’s spiraling getting worse economy. BUT you do have options. There many legal strategies/protocols/documents that work to buy you time and cause financial pain to your bank/servicer -- and these strategies get results, keeping you in your home for months, even years RENT FREE.
With retail declining and hundreds of stores already closing with more to come, thousands of people will be getting laid off and will probably get behind in their mortgage payments facing default then foreclosure. Not a fun place to be in.
You need to understand that your mortgage has been securitized and your note and deed have been separated. Your bank/servicer has committed FRAUD, especially if you have MERS (Mortgage Electronic Registration Systems, Inc) in your loan. FRAUD is in 99% of all mortgage loans.
Your Bank/Servicer is NOT your friend. They will do everything they can to NOT modify your loan. They will jerk you around and tell you to resend this form and that, that they need more info, ending up stalling. Now they do this because as a servicer they only make around $66.00 per month servicing your loan. If they foreclose on your property they get a $100,000.00 bonus from the investor. They also get a big bonus for every month that you are in foreclosure. So they have no incentive to modify your loan. This is why they keep jerking you around, losing paperwork and dragging the procedure out and doing what is called DUAL TRACKING.
Dual tracking occurs when a mortgage servicer continues to foreclose on a homeowner’s home while simultaneously considering the homeowner’s application for a loan modification. In the past, dual tracking was common. However, rules issued by the Consumer Financial Protection Bureau (CFPB) as well as various state laws and the National Mortgage Settlement (NMS) offer protection to homeowners in this situation. The CFPB rules, which became effective January 10, 2014, strictly limit the ability of mortgage servicers to foreclose on a borrower while also negotiating a loan modification. Some states have already enacted similar restrictions and the NMS has limits as well, although it only covers certain lenders.
When you receive the NOS (notice of sale) letter from the foreclosure attorney, you have the legal right to fight back. DO NOT MOVE OUT. Legally you can STOP the SALE and Stay in your home by filing a Verified Fraudulent Conversion LAWSUIT in your county Superior Court followed up by getting a Bloomberg Securitization Audit. This audit will give you the evidence you need to prove the fraud. This also builds financial pain for the bank/servicer. This is a good thing. The minute you file a lawsuit – it cost the bank $25,000 in legal fees.
You can file a verified lawsuit Pro Se, claiming fraudulent conversion, lack of standing, servicer fee fraud, an Action established by clear, unequivocal and convincing evidence brought forth by substantiated fraud in the inducement (See UCC § 3-302), misrepresentation, declaratory judgment, injunctive and equitable relief, and for compensatory, special, and general and punitive damages against a mortgage loan servicer (debt collector) with whom you do not have and never had a relationship with.
Now here is one important thing to know – you do not need an attorney. You can represent yourself with what they call Pro Se. Instead of paying an attorney thousands of dollars, you can file Pro Se
Filing a verified complaint stops the sale and gives you the time you need to get back on your feet financially. A financial crash/collapse is looming in the near future, maybe this fall, so you need to start getting ready NOW!
One of my friends, Madge got behind on her mortgage – she got sick and had back operations and medical bills that put her way behind. She could not make her $1,788.00 a month mortgage payment. The bank said they would help her modify the loan. After jerking her around for over 16 months loosing this document requesting that, changing agents, she filed a Verified Lawsuit at her county courthouse and she also filed a UCC-1 equity commercial lien. After fighting the banks for 14 months (all the time living in her home without making a mortgage payment) the bank finally offered her a modification of $640.00 a month if she would drop the lawsuit and cancel the UCC-1 lien. She did and now she’s working part-time so she can make her mortgage payment.
The strategy here is to deny, delay, delay, delay, delay prolong, and stay in your home as long as you can without making a payment while building financial pain for the bank and giving you time to get financially on your feet. This gives you the leverage you need to negotiate a fair modification – ending up with a mortgage payment that you can afford. HEY -- YOU HAVE TO LIVE SOMEWHERE SO WHY NOT IN YOUR HOME – w/o making your mortgage payment…or you can get an audit, proving the fraud and have a great chance getting your home free and clear.
Now if you have a foreclosure coming up next month or the month after your First Goal Is To Do Everything You Can To Postpone The Upcoming Foreclosure Sale. You need to send the servicer as many letters as you can. Dispute the debt, dispute the default, and send them a qualified written request. It is called “death by a 1,000 paper cuts.” You must become a thorn in their side.
If it has been over 180 days since your last bankruptcy was dismissed you can again file a skeleton Chapter 13 bankruptcy again to buy you the time you need to use the above strategies. Filing a BK will buy you 2 to 3 months or you can drag it out longer if need be.
The first time you file you can do the payment plan and just pay $75.00. If you did the payment plan before you will have to pay the fee of $310.00. Here again you can file PRO SE and save yourself hundreds of dollars, you do not need a bankruptcy attorney.
The strategy is to keep you in your home without having to make a mortgage payment for months --- I have many friends right now that are fighting there mortgage company that have not made a mortgage payment for over 40 months and counting.
Once you are scheduled for a foreclosure sale it becomes public knowledge, so if anyone approaches you to stop your sale via a letter/postcard/or phone call ask for local references --- if they cannot give you numerous references then they are a scam. Do not work with them!
The American people are reaping none of the benefits and paying all of the costs for an unprecedented banking experiment that is fundamentally leaving the branches of middle class and working society to wither on the vine.
The banking class/elite have extended debt, diluted the currency and entrapped people in the circumstances of serfdom once again.
There can be little doubt that a home is important to maintenance of a middle class living standard today for most Americans. There is almost no calamity worse than loss of one's home. It is the main asset that most Americans hold—essential to the educational success of one's children, and to a comfortable retirement of our citizens. Americans typically borrow against their home equity to put their kids through college, to ease the financial distress caused by unexpected health care expenses, and to finance other large expenditures. The accumulated equity in the home is the only significant source of wealth for the vast majority of Americans. The home is necessary to one's continuing connection to the neighborhood, school district, and network of friends.
Theft of one's house today is certainly equivalent to theft of a horse 150 years ago.
So don’t move out – Fight the banks, stay in your home, get ready for the financial crash -- Buy silver coins, bullets, water and food. THE TIME IS NOW TO GET READY…