Take Your Home Back http://takeyourhomeback.com
Posted by on Aug 6, 2012 in Blog | 2,912 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.
Numerous authorities have established the rule that an instrument wholly void, such as an undelivered deed, a forged instrument, or a deed in blank, cannot be made the foundation of a good title, even under the equitable doctrine of bona fide purchase. Consequently, the fact that purchaser acted in good faith in dealing with persons who apparently held legal title, is not in itself sufficient basis for relief.
It is the general rule that courts have power to vacate a foreclosure sale where there has been fraud in the procurement of the foreclosure decree or where the sale has been improperly, unfairly or unlawfully conducted, or is tainted by fraud, or where there has been such a mistake that to allow it to stand would be inequitable to purchaser and parties.
Hence, if forged Robo Signed signatures are used to obtain the foreclosure, it CERTAINLY makes a difference in non-judicial foreclosure states as well as judicial states.
The evidence is surfacing quickly with multiple on-going state and federal investigations, the cloak of conspiracy and fraud is beginning to unravel. Click on any of the links below or go to:
http://www.foreclosureself-defense.com// for the latest updates from Florida and around the country.
Those “values” used at closing were false, fraudulent in that they were meant to deceive both the homeowner to get him to sign the documents and issue securities that he thought was a loan, and to deceive the investors whose reliance on AAA ratings was based upon the perception of a “rising” market that was completely false fed and controlled by the banks and developers who were only too happy to raise prices every month.
The ONLY answer to this crisis is the truth and to fashion remedies from reality — the property was never worth what they said it was and it certainly is obvious that those “values” will not be achieved for decades. You want to see a recovery? Then start thinking about how to fashion a remedy that takes the Banks and servicers out of the equation and starts with investors/lenders and homeowners/borrowers starting a dialogue in the marketplace or in the Courts
YOUR MONEY AND/OR HOME IS WAITING FOR YOU !!
CALL- 954-709-4400 M-F 10:00 – 8:00PM SAT 10:00 – 1:OOPM
FOR FREE ANSWERS/INFO TO YOUR FORECLOSURE-RELATED QUESTIONS- http://www.foreclosureself-defense.com/questions/
MAIN WEBSITE FOR DEFENSE INFO- WWW.FORECLOSURESELF-DEFENSE.COM
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LOAN MODIFICATION VICTIMS
In addition, if you are a Florida resident and utilized a “Loan
Modification” or “ Foreclosure-Rescue Consultant” company to help or aid
you during your foreclosure, you may be entitled to a monetary award
for damages, pursuant to FLORIDA STATUTE 501.1377:Violations involving homeowners during the course of residential foreclosure proceedings.
LEGISLATIVE FINDINGS AND INTENT.—The Legislature finds that homeowners who are in default on their mortgages, in foreclosure, or at risk of losing their homes due to nonpayment of taxes may be vulnerable to fraud, deception, and unfair dealings with foreclosure-rescue consultants or equity purchasers. The intent of this section is to provide a homeowner with information necessary to make an informed decision regarding the sale or transfer of his or her home to an equity purchaser. It is the further intent of this section to require that foreclosure-related rescue services agreements be expressed in writing in order to safeguard homeowners against deceit and financial hardship; to ensure, foster, and encourage fair dealing in the sale and purchase of homes in foreclosure or default; to prohibit representations that tend to mislead; to prohibit or restrict unfair contract terms; to provide a cooling-off period for homeowners who enter into contracts for services related to saving their homes from foreclosure or preserving their rights to possession of their homes; to afford homeowners a reasonable and meaningful opportunity to rescind sales to equity purchasers; and to preserve and protect home equity for the homeowners of this state.
VIOLATIONS.—A person who violates any provision of this section commits an unfair and deceptive trade practice as defined in part II of this chapter. Violators are subject to the penalties and remedies provided in part II of this chapter, including a monetary penalty not to exceed $15,000 per violation
Our goal is to right the wrongs that may have been committed against unsuspecting homeowners and their families through fraud, forgery and perjury on the part of the attorneys and mortgage companies, as evidenced in the above library & videos.
CALL- 954-709-4400 M-F 10:00 – 8:00PM SAT 10:00 – 1:OOPM
watch?v=UReuVC4xryo
FOR MORE FORECLOSURE-RELATED ARTICLES BY THIS AUTHOR GO TO: http://members.beforeitsnews.com/stories/by/0000000000016927
Similarly, trillions of dollars of mortgage backed securities are now clouded too, because they aren’t backed by mortgages. MERS is effectively admitting that these securities are uncollateralized, which means investors now have a sound legal claim that the banks issuing the securities should buy them back at 100% of face value. There are, in fact, reasonable claims already being made by some investors against, for example, Wells Fargo and JP Morgan Chase, that these banks perpetrated a fraud by selling so-called “mortgage backed securities” which they should have known were uncollateralized
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