Foreclosure Defense Tools with Explanations

Foreclosure Defense Tools, Tips, Templates, and Statutes, with Explanations
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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. 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.

•   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.

•   Collect Your Documents. (Click here for instructions).

•    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).

•    File an Affidavit of Forgery. (Click here for instructions). Page being developed.

•    Accept the Warranty Deed. (Click here for instructions).

•    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).

•    Get Your Pooling and Servicing Agreement (Click here for instructions.)

•    Know Your Laws (Study these Georgia laws and research similar statutes if you are in another state).

•    Pull the Consent Order for your Major Servicer (Click here for Consent Orders). Recommendation: Quote and attach as an Exhibit in legal cases.

•    Know the Areas of Wrongdoing.
     > See Legal Cases and Education.
Watch the YouTube video about Securitization taught by an auditor. Securitization: Road to Foreclosure is an easy to understand, illustrated lesson about what happened with documents signed at closing and subsequent acts leading to wrongful foreclosure. Taught by an expert, this lesson is based on an actual case and shows examples of alleged wrongful activities. Click here for a PDF of the Mortgage and Securitization Audit. See Link to Indenture/PSA utilized in video lesson: http://www.secinfo.com/drjtj.v37v.d.htm
(Source: Securities and Exchange Commission)

     > See the Wrongful Foreclosure page.

Think Safety:

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.