Note: The tools mentioned below have been successfully used (all methods have been tested); however, no process can be guaranteed to work in all situations because of the extensive fraud and illegal practices in this arena.
New: See Lesson on CBS Atlanta page (click here): "How to Write a Criminal Affidavit - How to Spot Fraud and Report it.
Part 1: Self Help
The best pre and post foreclosure defense begins with preparation and study. Since this field of litigation is more uncommon, it is recommended that you understand the concepts first, collect the required documentation, and then choose an attorney that can litigate Securitization, Chain of title, and Standing - or - another approach -- Loan Origination (Truth in Lending, RESPA, HOEPA, Regulation Z) litigation. Known foreclosure defense experts can be found here: Restore Team or http://www.maxbankruptcybootcamp.com/find-graduates . Max Gardner trains attorneys across the country how to operate in the foreclosure and securitization arena. Neil Garfield also gives education and refers attorneys.
Note: Attorneys are not necessarily cost prohibitive. It is advised that you self-help, prepare, and organize as much as possible and then consult a professional litigator to complete the legal process and litigation. Because there are so few resources specially trained in this field, you are more likely to get affordable and competent help if you prepare UP FRONT.
• Submit Modification or Short Sale Request (with required documentation) to your Servicer (last minute requests do stop foreclosure). Note: See the 2 modification lessons (Making Home Afford. and Traditional)and Frequently Asked Questions and the Short Sale Lesson and Short Sale Frequently Asked Questions.
• Contact the Executive Area of the Servicer. See Executive Contacts.
Request the help of a CEO Level Representative for last minute foreclosure postponement and case escalation.
• File and Serve a Revocation of Power of Attorney and/or Notice of Non-Existence of Power of Attorney and Invalid Transfer. (Click here for instructions).
This is working consistently with Chase now. See examples on Revocation lesson page.
• Get Your Pooling and Servicing Agreement (Click here for instructions.)
• Send Cease and Desist letter. (Click here for instructions and examples).
• Submit Complaints. Click here for instructions.
• Send Fair Debt Collection Practices Act (FDCPA) letters. Click here for instructions. Last minute strategy for foreclosure postponement.
• Write a QWR (Qualified Written Request) - excellent letter. Click here for instructions.
• File a Criminal Affidavit based on Criminal Statutes and Misprision of Felony (includes Bar Complaint). Two (2) example affidavits being developed with extensive exhibits: 1) Case with Securitization Trust and robosigning and 2) Case with Fannie Trust and robosigning. (Click here for beginning instructions). Lesson will include lesson video and Affidavits (being developed).
• Collect Your Documents. (Click here for instructions). Also see lesson under video on CBS Atlanta page.
• Know Your Laws (Study these Georgia laws and research similar statutes if you are in another state).
• Write a Sequential History of your Case.
(See Example 1 in Word format or in PDF format).
(See Example 2 in Word format or in PDF format).
• Accept the Warranty Deed. (Click here for instructions). Like any procedure in this arena, this is non-guaranteed process and is non-inclusive.
• Pull the Consent Order for your Major Servicer (Click here for Consent Orders). Recommendation: Quote and attach as an Exhibit in legal cases.
• See the Wrongful Foreclosure page.
This is a “Sign” of the times. All homeowners facing unscrupulous Servicing companies should post signs giving notice that unidentified persons stepping onto personal property or entering houses are subject to trespassing violations which are punishable by law.
The declining economy has spawned a bigger wave of scamming, burglary, and even worse, murder. Unless it is a marshall or sheriff showing legitimate identification, beware of unknown persons and do not let them in your house unless they are scheduled and identified by a card or badge: call the company sending the purported representative and verify that this person is who they are supposed to be. Note: Realtors hired by either the Servicers or foreclosure/dispossessory attorneys DO NOT have authority to remove people from their homes. Threatening notices or letters from any entity (including the attorney hired to do the foreclosure or dispossessory) instructing you to leave the house "or else" are threats. It is advised, with the extreme amounts of wrongful practices occurring, that you seek professional, trusted counsel before leaving your property.