I Can't Afford an Attorney to Help Me Defend My

Home From Mortgage Fraud

"A settled plan to deprive the people of the benefits, blessings, and ends of the contract, to subvert the
fundamentals of the constitution, to deprive them of all share in making and executing laws, will justify a
revolution." John Adams, Novanglus Papers, 1774

AM I SUPPOSED TO JUST STEP ASIDE

AND LET THE LENDER TAKE MY HOUSE?

Originally there were twelve of us working loosely as a group researching individually and then sharing
that knowledge. We operated then like members of a club all with similar interests. While we were
learning much faster than any individual borrower could have, we were each making our way through
court representing ourselves. Is it wrong? Are we going to lose? I have felt both confident and anxious at
different times over the last seven years. But, our members have won seven cases in the last eight months,
so the answer is, yes it is possible. In fact, I do it full time. In some weird but good way, I feel it is my civic
duty.

I have been sitting in court and heard many judges admonish borrowers who are trying to represent
themselves as Pro se parties that they "need to get an attorney". Nearly all of my clients over seven years
believed that because the judge told them to, that it was the law. It is not. But, the judge most often felt
that the borrower had a better chance of having his side of the story represented with a competent
attorney. It is, on a general level, good advice. But, judges today are missing some details about a new
type of fraud which was virtually unknown until about 1999, and that can make paying an attorney a sure
way to lose your family's home.

The Borrower can't afford an attorney anyway at this time. Besides, there are close to zero attorneys that
even know mortgage finance law. There isn't enough room here to go into detail, but it is easy enough to
understand if you are lucky enough to meet someone who knows what has changed over the years in the
relationship between attorneys and judges. I wish someone would have told me in 2011.

Actually, if it is a fraudulent foreclosure, why should a borrower have to lose his or her home because
they can't afford to hire an attorney? They are victims of a crime. They are not criminals.

So if you are a borrower who is threatened with foreclosure the question is, if you can't find a good
attorney and even if you did you could not pay him or her, do you just give up the greatest and most
expensive possession that you will ever own? Maybe. But, I say no. Every day I know more than the day
before and on this one subject, I am an expert.

I have taken this whole issue of "Imposter" lenders blowing smoke up the court's behind and stealing
homes without ever "lending" a dime to the borrower very seriously. Yes, back in the days of the real
world (before 1994 or so) it was all very simple.

You borrowed from a banker you knew. You signed a Promissory Note detailing the amount you owed
and the payment terms you agreed to. The banker needed to know that if you became unable to make
your payments that the bank would not lose the money they were loaning you, so you put up the home
you were buying as collateral. The document you signed that contained the terms you and the bank
agreed on is called a security instrument. In states that use judicial foreclosure rules, that collateral
instrument is called a mortgage. In states that use non-judicial foreclosure rules the security instrument
is called a deed of trust, in these states there is nothing even called a mortgage. Since, we all use the term
mortgage to mean home loans we get mixed up. The foreclosing party is counting on confusing you and
the judge. (I cover that more completely in another article).

Now those documents and the terms agreed to is your home loan. The Promissory Note is essential to the
deal and it is the most important document you signed. You made these fair monthly payments. You and
the banker kept track of the payments, and when your loan was paid off the Promissory Note was marked
paid and returned to you. The original Promissory Note was returned to you. Every time. You could trust
the finance industry to do it like this. But, to any borrower, attorney, or judge born after about 1980 this
sounds like fantasy, because following the laws and statutes on banking has not been an active idea since
1995 (that's when Microsoft first provided free email at the literal speed of light).
But, since so few Borrowers know any of their rights and because these same crooked finance guys ruined
the economy for just about the whole world, very few Borrowers can afford to go plunk down $5,000 for
an attorney to tell them their rights. The vast, vast majority of borrowers being wrongfully foreclosed have
just tell their kids they gotta change schools and they rent a truck they can't afford and head for a rental
home or apartment that they not get approved for because not only has the false foreclosing party taken
their home illegally, they have also reported the foreclosure to the credit rating companies, which has
ruined their credit. Know more here attorneys near meattorneys near me

Folks, this is not the America that I grew up in!

It is my intent to stick around to tell these victim borrowers that it doesn't all have to go so fast. That the
"Bank" that is threatening to foreclose has no case. This "foreclosing party" cannot and they will not show
the real deal proof that they even are the true party you owe. That is because they are not the party you
owe.