You are on page 1of 2


There they are

One must understand that being passive does nothing to the homeowner in regards to fighting for ones rights. It is a fighting cause. While one would expect the same equality from the courts in determining and applying the same law in a foreclosure action as the banks have; you would be sadly mistaken, as nothing could be further from the truth. There is a presumption in, and upon the courts, that the actions taken by the banks are true and accurate, lawful and legal. This is purely a fallacy. The homes are taken by deceit, false documentation, accusations, and misapplying the correct findings of law along with the steel toed thugs that work for the banks. One must do the research as to the methodology that is being applied by foreclosing party. The actions that are being taken by the party that is attempting to foreclose is sure to be full of errors. It is bringing these errors to light and attacking the errors with the same ferocity that the banks use in stealing many of these homes that will help the homeowner. The banks do not come to the table with open arms. They do not want to work with home owners to procure a proper settlement on a property whose value has been artificially created by driven sales and greed. They can be pushed into settlement sooner if attacked properly. In getting ready for the fight one must be properly armed. Your equipment will consist of knowing the law, and the proper procedures pertaining to a party commencing a foreclosure action. You must set a proper foundation in which to work off of. Your Tangible Promissory Note comes under the governing of the Uniform Commercial Code herein referred to as (UCC) or your states equivalence. The judge may not like what is propagated in his court, but the law is the law. There is no excuse for ignoring it. Your bullets will be in understanding the statutes of the Uniform Commercial Codes Article 3, or your states equivalence pertaining to foreclosure actions. In addition, an understanding of the capacity of the party that is attempting the foreclosure will certainly give you an edge up. Capacity requires an inquiry into the litigants status, i.e.: its power to appear and bring its grievance before the court. The homeowners need to realize that although the Banks pled that they own the note and mortgage; and assert that they have the right to foreclose on the mortgage/deed of trust, which the bank alleges is in default. Homeowners should understand the objection that the bank in fact does not own the note and security instrument is not a defense based on a lack of standing. Courts will usually claim that the homeowners did not correctly plead the case. (Insufficient facts were alleged). The homeowners argument should be that the facts alleged are not true. It is not a question of whether the Bank has alleged a sufficient interest in the (888) 491 3741

dispute, but of whether the Bank can prove its prima facie case. The homeowner will need competent evidence which will require good facts. The county recorders office is where the search would begin as to what has been recorded into public record. These filings would be construed as prima facie evidence as to what was to have happened and what did not happen pursuant to statutory requirements of law. Until the gloves are taken off and blows are thrown from the homeowner, rights will not be given back. One should look at adding criminal actions rather than just civil actions when putting a plan together for fighting the machine. Respectfully, Joseph Esquivel Mortgage Compliance Investigators Copyrighted 2013

(888) 491 3741