I can’t afford an attorney to help me defend my home from mortgage fraud
“An established plan to deprive the people of the benefits, blessings and purposes of the contract, to subvert the foundations of the constitution, to deprive them of all participation in the making and execution of laws, it will justify a revolution.“John Adams, Novanglus Papers, 1774
Am I supposed to step aside?
AND LET THE LENDER LOVE MY HOUSE?
Originally there were twelve of us working freely as a group investigating individually and then sharing that knowledge. So we operate as members of a club, all with similar interests. While we were learning much faster than any individual borrower could have, each of us advanced in court representing ourselves. That’s wrong? We are going to lose. I have felt confident and anxious at different times over the past 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 like it’s my civic duty.
I have been in court and heard many judges admonish borrowers who are trying to represent themselves as Pro-se parties that they “need a lawyer.” Almost all of my clients for seven years believed that because the judge had told them, it was the law. It is not. However, most of the time the judge felt that the borrower was more likely to have his side of the story represented by a competent attorney. It is, in general, good advice. But today’s judges are missing some details about a new type of fraud that was virtually unknown until about 1999, and that can make paying an attorney a surefire way to lose your family home.
The Borrower cannot afford an attorney anyway at this time. Also, there are almost zero attorneys who even know about mortgage financing law. There is not enough space here to go into detail, but it is fairly easy to understand if you are lucky enough to meet someone who knows what has changed over the years in the relationship between lawyers and judges. I wish someone had told me in 2011.
In reality, if it is a fraudulent foreclosure, why should a borrower lose their home because they cannot 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 had, you couldn’t pay, are you just giving up the biggest and most expensive possession you have? will you ever own? Maybe. But I say no. Every day I know more than the day before and on this subject, I am an expert.
I’ve gotten very serious about this whole “impostor” lenders fuming up the back of the courthouse and robbing houses without “lending” a penny to the borrower. Yes, in the days of the real world (before 1994 or so) everything was very simple.
He borrowed it from a banker he knew. You signed a promissory note detailing the amount you owe and the payment terms you agreed to. The banker needed to know that if you couldn’t make your payments, the bank wouldn’t lose the money it was lending you, so he put the house he was buying as collateral. The document you signed that contained the terms that you and the bank agreed upon is called a security instrument. In states that use foreclosure court rules, that collateral is called a mortgage. In states that use non-judicial foreclosure rules, the instrument of security is called a deed of trust, in these states there is nothing called a mortgage. Since, we all use the term mortgage to refer to mortgage loans that we get confused. The foreclosing party is counting on confusing you and the judge. (I cover that more fully in another article.)
Now those documents and the agreed terms is your home loan. The promissory note is essential to the deal and is the most important document you signed. Made these fair monthly payments. You and the banker kept a record of the payments, and when your loan was paid off, the promissory note was marked as paid and returned to you. The original promissory note was returned to you. Every time. You can trust the financial industry to do so. But, to any borrower, lawyer, or judge born after 1980, this sounds like a fantasy, because following bank laws and statutes has not been an active idea since 1995 (that’s when Microsoft first provided free email at the speed of literal light). .
But, since very few Borrowers know their rights, and because these same corrupt financiers ruined almost everyone’s economy, very few Borrowers can pay $ 5,000 to have an attorney explain their rights to them. The vast, vast majority of wrongfully foreclosed borrowers have simply told their children that they have to change schools and that they are renting a truck that they cannot afford and are heading to a rental house or apartment for which they have not been approved because you don’t just have bogus foreclosure. party illegally, they have also reported the foreclosure to credit rating companies, which has ruined their credit.
Folks, this is not the America I grew up in!
My intention is to stick around and tell these borrowing victims that not everything has to go so fast. That the “Bank” that threatens to foreclose has no case. This “foreclosure portion” cannot and will not show actual proof that it is not even the true portion that you owe. That’s because they are not the party you should.
But if you don’t stop and fight, they will and get away with it. Your case is very good, but you don’t know it yet.
I do that. I’m working hard to be someone who can tell you why you have more than just hope to help you fight. I am a real estate broker, real estate developer, home builder, mortgage broker, and consultant in very large real estate businesses across the country. I’m supposed to be a very smart guy, and you know what?
Yes, GMAC Mortgage robbed my house and made me mad. Really crazy. I have been angry at all times since November 11, 2011. But I did not rent a truck. I defended myself. But, like so many Americans in all walks of life, the economy had seriously hurt my income, so I couldn’t afford a lawyer. Back then, I knew I had to have a lawyer.
I have kept my own house paralyzed in court for seven years, as I dealt with the most outrageous lies from lawyers in court that I would have never dreamed of anyone being shameless (or stupid) enough to tell. Fortunately, now I know why I could stay, and if I stay, neither side would win. The explanation on what is different today is too long for this article, but I think I will make the seven years pay off very soon.
Okay, I’ve mentioned much of the problem above (not in detail, of course) of how a borrower tries to protect their home without the money or information to hire an attorney.
The answer is to do it Pro Se. Pro Se means “I am representing myself.”
That will sound incredibly intimidating at first. Every person I’ve talked to has had a really bad time, even thinking about it. But it is possible. It is legal. In fact, it is your constitutional right.
First, you need information. What has your “lender” done wrong? What have you done well? How can I find my way through the court system? You cannot lie. You have to really know what the truth is and what is happening. If we try to deceive the court with misleading statements, we will not look better than the characters we face. The truth is a very powerful weapon when used correctly.
Whoever is threatening to foreclose on your mortgage is not the entity that financed your loan. You are not going to claim that you did not get a loan, because you did. But not from the lender named in your loan documents. It came from an unknown source illegally. (Just stick with that thought, you can learn what I mean later.)
This means that whoever believes that he closed with you does not have the right to collect money from you, nor to “assign” the loan to another entity. Therefore, your loan could not have been sold. The Seller and the Buyer of your Note cannot have written a contract and transferred your loan through a sale because the Seller had no interest (ownership) in your loan to sell.
But, if you don’t protest it in court, they will claim that your loan has been sold and now an imposter / fictitious beneficiary (actual legal terms in all 50 states) will steal your home. If they make a claim that is false, but you do not object, then the judge must take the lie as true by law. Looking at borrowers in court, or reading the motions and responses in their cases, it amazes me how little borrowers believe they can object. Hell, what did Perry Mason do? Object. What did Barnaby Jones do? Object. What did Captain Kirk do at Boston Legal? Yes, he objected long and loud. The court is not a church. You must act professionally, but you have every right to express your opinion.
The way to start taking your case to court is to file a lawsuit (a silent title action is common for mortgage loan fraud, but today we have something much better. Average cost across the country to file a fraud lawsuit Foreclosure is about $ 100 to $ 200. Compare that to what an attorney wants up front.
You are now the Plaintiff and no longer the Defendant. You will not go to court for some time, but you will have to demand your rights and the party claiming to have the correct foreclosure will try to block you with lies. But, all of this is on paper through motions using the appropriate laws and not before a judge in court right away. Possibly never, which is how we won 5 times recently. I think because we stay and fight, the foreclosing party decides to upset someone who has the strength that knowledge brings.
We can organize your documents and develop the strategy to prove that you did not receive money from the imposter lender who claims you did. We can answer your questions and assist in your presentation. That is what we have done for ourselves and we can do it for you. At a fraction of what a full-time attorney charges. When the time is right, you may have to go to a lawyer for a short time in court when you can show the lawyer why he can win for you. This will cost you a fraction of what you think to save your home. Did I mention that we can help reduce your anxiety with this knowledge?