Take Your Home Back
Posted by on Aug 6, 2012 in Blog | 2,922 comments
YOUR MONEY AND/OR HOME IS WAITING FOR YOU !!Was your home foreclosed illegally?
Did the Courts give you a fair opportunity to state the merits of your case?
Did the Mortgage Company give you a “runaround” while you were trying to get a loan modification? (click to see video http://www.foreclosureself-defense.com/the-library/videos/)
Was your Mortgage Foreclosure part of a Trust, Asset-Backed Certificates or a Pooling Agreement?
Generally many judges have long assumed that if a mortgage company seeks to foreclose, the defendant probably owes the money and has no defense. In fact, as recent publicity concerning the widespread problem of predatory lending, robo-signing, forgery, false affidavits, and securitization (MBS) has made clear, many mortgage lenders overreach. In a substantial portion of residential mortgage foreclosures, the homeowner has a valid defense to at least part of the claim. Either they are not in default at all, or the extent of the default is significantly less than claimed, or the mortgage is subject to attack, most likely under the Truth in Lending Act, 15 U.S.C. §1601 et seq. (“TILA”), as amended by the Home Ownership & Equity Protection Act of 1994, 15 U.S.C. §§1602(aa) and 1639 (“HOEPA”), and implementing Federal Reserve Board Regulation Z, 12 C.F.R. part 226
FOR OUR NEW FREE LOAN MODIFICATION ANALYSIS, GO TO : www.MyHomeOwnerAdvocate.com aLSO, FIND OUT IF YOUR LOAN WAS REALLY A PREDATORY LOAN. CLICK LINK TO FIND OUT IF YOU HAVE BEEN A VICTIM OF PREDATORY LENDING http://myhomeowneradvocate.com/im1/?SM=77
CLICK FOR VIDEO SUE THE BANK
Wake up people, we’re running out of time. We need to do better and that means we need to get smarter. And since I still have faith that our laws will prevail, we’ll be needing our nation’s lawyers to help get us through this, so stay with us… as has been the case in our past, only united will we stand. REMEMBER- Quoting John Maynard Keynes, the only economist who seems to know how to pull a country out of an economic depression, “If you owe your bank manager a thousand dollars, you are at his mercy,” Keynes said. “If you owe him a million dolars, he is at your mercy.”
Was Mortgage Electronic Registration, Inc. ( MERS) involved in your foreclosure action?MERS claims that over 60 million mortgages in the U.S. have been registered on its system. Given the action MERS took it will be much harder now for lawyers to argue in court that assignments made only on the MERS registry are legally valid. Unfortunately, for any of these 60 million mortgages that were securitized, chances are the various assignments along the way to the trustee were not recorded on local government records. This now means the chain of title is “clouded”, and such uncertainty affecting tens of millions of mortgages is the last thing the housing market needs. Sellers and buyers don’t know if the title will be clear of any other claims should they engage in a transaction, and homeowners might not even know if they are making monthly payments to the right bank.
Were you a victim of Predatory Lending and not aware of it ? (if you got a loan or refinance between 2002 and 2007 you probably are)
Were you a victim of “Robo-Signing” and not aware of it? (for complete list see http://takeyourhomeback.com/?p=75 ) SEE 60 MINUTES REPORT AT http://www.cbsnews.com/video/watch/?id=7361572n&tag=contentMain;contentAux
Was your loan “table-funded” – Table funding is simply putting the loan in the brokers name and the broker never has control of the loan funds. Escrow is give the note, deed of trust or mortgage AND an assignment of the Deed of Trust or mortgage at the same time. Presuming everything else is in order, the documents record and the funds are released. You can generally make an educated guess at table funded loans when the deed of trust or mortgage has a recording number and the very next number is the assignment of the security.
Table funding has no advantage to the broker. First the Reg Z must be given since the broker is listed as the lender and that is just another document that if it goes wrong the lender makes you buy it back in addition to rhe right of rescission which causes the lender to give back everything including title, credit and appraisal fees even though the lender did not get the fees to begin with and every lender knows this and gives it back (IF ASKED).
This is considered Constructive Fraud. Constructive Fraud is defined as
Constructive Fraud. A contract or act which, not originating in evil design and contrivance to perpetuate a positive fraud or injury upon other persons, yet by its necessary tendency to deceive or mislead them, to violate a public or private confidence or to impair or injure public interest, is deemed equally reprehensible with positive fraud, and therefore is prohibited by law, as within the same reason and mischief as contracts and acts done “malo animo”.
Did you lose your home within the last 4 years ?
Were you a victim of abuse of process? Was your loan based on your abilty to repay or the “inflated” value of your home?
Was any of the following Law Firms listed below involved in the foreclosure on your home:
Law Offices of David J. Stern, P.A., Plantation, Florida-SEE http://takeyourhomeback.com/?p=186
Florida Default Group, Tampa, Florida-SEE http://takeyourhomeback.com/?p=75
Law Offices of Marshall C. Watson, P.A., Fort Lauderdale=SEE http://takeyourhomeback.com/?p=230
Shapiro & Fishman, LLP, Boca Raton, Florida Ben-Ezra & Katz, Fort Lauderdale SEE http://takeyourhomeback.com/?p=208
OR
Was the mortgage company one of the following:
MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INC. as nominee*
J.P. MORGAN/CHASE
BANK OF NEW YORK/MELLON
OPTION ONE MORTGAGE/SAND CANYNON
WELLS FARGO BANK, NA as Trustee
DEUTSCHE BANK, as Trustee
BANK OF AMERICA/COUNTRYWIDE HOME LOANS/BAC
GMAC MORTGAGE/ ALLY FINANCIAL/HOMECOMINGS FINANCIAL
BANKUNITED
WASHINGTON MUTUAL BANK / WAMU
LENDERS PROCESSING SERVICES/LPS/DocX
• Aegis Wholesale Corporation;
• America Imperial Mortgage Business, Inc.;
• American Bancorp Mortgage Corp.;
• American Home Mortgage;
• America’s Wholesale Lender;
• BNC Mortgage, Inc.;
• Century 21 Mortgage;
• Countrywide Bank, FSB;
• Countrywide Home Loans, Inc.;
• CTX Mortgage Company, LLC;
• Gateway Funding Diversified Mortgage Services;
• Decision One Mortgage Company, LLC;
• E-Loan, Inc.;
• First Choice Funding Group;
• First Magnus Financial Corporation;
• Flagstar Bank, FSB;
• Greenpoint Mortgage Funding;
• Guaranteed Mortgage Bankers;
• HomeAmerica Mortgage Corp.;
• Interstate Home Loan Center, Inc.;
• Ivanhoe Financial, Inc.;
• KB Home Mortgage Company;
• MFC Mortgage Inc. of FL;
• Quicken Loans, Inc.;
• Suntrust Mortgage, Inc.; and
• Universal American Mortgage Company, LLC.
IF YOU ANSWERED YES TO ANY OF THE ABOVE QUESTIONS YOU ARE PROBABLY A CANDIDATE FOR RECOVERY OF YOUR HOME, MONETARY DAMAGES, OR A HOST OF OTHER FINANCIAL BENEFITS
Briefly, Robo Signers are illegal because fraud cannot be the basis of clear title, trustee’s deeds following Robo Signed sales are void as a matter of law, notarization is a recording requirement for many of the documents, which we also know was often botched, and most importantly because robo signed falsifications ARE meant for use in court, including unlawful detainers and bankruptcy matters.
Clear Title May Not Derive From A Fraud (including a bona fide purchaser for value).
In the case of a fraudulent transaction the law is well settled.
Marketable title is being redefined by Wall Street as an emergency move to shore up this gaping hole left by their scheme. But nobody is buying what Wall Street is selling — title companies, the ultimate arbiter of title, now refuse to issue title insurance without an exception for any claim arising out of a securitized loan. Thus more than 80 million real estate transactions have fatal defects in the chain of title, regardless of whether the “Securitized” loan is shown as paid off, regardless of whether the borrower is or did make all the payments required. The title to these properties is only now being recognized as unmarketable, because it only comes out when the current owner tries to sell or refinance the property. Yes it should have been revealed before this, but that takes nothing away from the fact that the defect is there and that it is incurable. Millions of people are sinking their money into homes they don’t legally own.
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