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10 Foreclosure Defense Steps to Stop Your Foreclosure

10 Foreclosure Defense Steps to Stop Your Foreclosure

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Published by orangutanhouse
This report will give an outline of the 10 Steps you must take to stop the Foreclosure Process. Call Allied State - Foreclosure Defense Specialists now on 888-383-6152 for a NO-OBLIGATION FREE consultation.
This report will give an outline of the 10 Steps you must take to stop the Foreclosure Process. Call Allied State - Foreclosure Defense Specialists now on 888-383-6152 for a NO-OBLIGATION FREE consultation.

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Categories:Business/Law
Published by: orangutanhouse on Feb 16, 2012
Copyright:Attribution Non-commercial

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02/16/2012

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10 Foreclosure Defense Steps to Stop Your Foreclosure
The following are observations of situations that I have encountered as a real estate investor. They are not meant to be legal advice and, in fact, doing any of these revenge tactics could possibly get you in trouble with the law, or possiblynot.There are several ways I have seen homeowners take revenge on their lender. These are the same lenders thatallowed them to have a home loan that would eventually become unaffordable and/or lenders that wouldn't work with thesehomeowners to do a loan modification. I am not talking about violence against anyone despite how angry they might be. Iam talking about legal steps that homeowners have taken to get the lender's attention and preserve whatever rights thehomeowner has remaining. This is called mounting a Foreclosure Defense. I will also review some malicious actions thathave been taken by homeowners to simply inflict heartache for the lender.Even if you intend to leave your home, now is the time of your life to fight for what rights and dignity you haveleft. I understand that for many people the economic conditions in the country, or personal situations, have caused your foreclosure. However, I believe that your lender has a moral obligation to help you with your situation because these samelenders are the ones who have brought us to the brink of another Great Depression. Unfortunately, the after effects of their careless actions will not end for 10 -15 years because of the country's deficits and the resulting inflation that will have to be paid by our grandchildren.The "winners" in the game of Foreclosure Defense are those hardy soles who persist in the shadow of the giantlenders who try to intimidate homeowners to give up their beloved homes because of a blip in the personal financialsituation of the homeowner. These foreclosures disrupt families and are destroying marriages. Lenders are doing this for no better reason other than the lenders want to take the homes back instead of fixing the problem where it lies - with the loansthey made to the homeowner. The government's bailout of the banks only added arrogance to the list of the lender'sattributes.The fight to keep your home should come after you have exhausted your attempts at a forbearance agreement and aloan modification. Lenders will not give real estate investors any leeway as they do homeowners in negotiating for asolution to their problems. Real estate investors are not the culprits in this national crisis, they are also victims as arehomeowners.You may have a chance to work with an investor to save your home using a lease option so you might be able to buy it back in the future, or sell it outright to recover some of your equity that the lender would normally get. Be wary of lease options as many states have passed statutes and regulations governing their use and in some states they are out-rightillegal. Always consult an attorney before signing any legal documents.Here are some of the legal steps that you, usually with an attorney's help, can take to stall or completely stop your foreclosure:1.Look at doing a mortgage forensics if you believe fraud was involved especially if you were told one thing but itchanged at the closing (RESPA violations) or you re-financed in the past three years (TILA violations)2.Force the lender to produce the Original Promissory Note and the Mortgage3.If the Plaintiff is not the original note holder, they must prove they lawfully hold the rights to the note4.Only the entity who has the note can sue you so attack the holder's right to the note's ownership and his ability toforeclose5.Since the lender must send an employee to court to be cross-examined, request one be sent to court6.Learn what is admissible evidence and how to enter it in the court record7.Learn the rules of procedure and rules of evidence so you are prepared to fight your case with the truth that must besubmitted properly to the judge or it won't matter if you are legally right8.Object to the Plaintiff's attorney making non-factual statements that are not in the realm of his personal knowledge9.Get the judge to rule on the admissible facts, not unsubstantiated evidence or hearsay by the Plaintiff's attorney10.Be belligerently persistent with your defense and prepare new filings to re-start your defense as new objections ofinding arise after previous filings have been answered by the opposing attorney and the judge has given his rulingYou must learn your legal rights quickly and not be intimidated by the Plaintiff's attorney or the judge. The attorney is thereto kill your rights, and the judge is there to uphold the law - they are not usually mutually compatible even if it appears theyare. You have rights you don't know about and trying to find an attorney who will protect them is important but not lethal as

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