A well-established plan to deprive the people of the benefits, blessings and goals of the contract, to undermine the foundations of the constitution, and to deprive them of every part in making and implementing laws, It will justify the revolution.“ John Adams, The Novangels Papers 1774
Am I just supposed to step down
And let the lender take my house?
Originally there were twelve of us loosely working as a group researching individually and then sharing that knowledge. We then worked as members of a club with similar interests. While we were learning much faster than any individual borrower, each of us was making our way through the court to represent ourselves. Is it wrong? Will we lose? I have felt confident and anxious at different times over the past seven years. But, our members have won seven cases in the past eight months, so the answer is, yes, it is possible. In fact, I do it full time. In a strange but good way, I feel it is my civic duty.
I’ve been sitting in court and have heard several judges blaming borrowers trying to represent themselves as Pro parties themselves for “needing a lawyer”. Nearly all of my clients over the course of seven years believe that because the judge told them, that this is the law. Not. But, the judge often felt that the borrower had a better chance of representing his side of the story 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 that was virtually unknown until about 1999, and paying an attorney’s fees can be a surefire way to lose your family home.
The borrower cannot afford a lawyer anyway at this time. Besides, there are almost zero attorneys who even know the Mortgage Financing Act. There isn’t enough room here to go into detail, but it’s easy to understand if you’re 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.
Indeed, if it is fraudulent foreclosure, why should a borrower lose his or her home because they can’t hire a lawyer? They are victims of crime. They are not criminals.
So, if you’re a borrower under threat of foreclosure, the question is, if you can’t find a good attorney, and even if you do, you can’t pay him or her, are you just giving up the greatest and most valuable possession you’ll ever own? Could. But I say no. Every day I know more than the day before and on this subject, I am an expert.
I’ve dealt with this whole affair of “quack” lenders puffing smoke behind the court and robbing homes without “lending” a cent to the borrower seriously. Yes, in the real world days (before 1994 or so) it was pretty simple.
I borrowed from a banker you know. I signed a promissory note detailing the amount owed and the terms of payment I agreed to. The banker needed to know that if you became unable to make your payments, the bank wouldn’t lose the money it was lending to you, so you put forward the house you were buying as collateral. The document you signed that contains the terms that you and the bank have agreed to is called a security tool. In states that use jurisdictional mortgage rules, this security tool is called a mortgage. In states that use non-judicial mortgage rules, an instrument of escrow is called a trust, and in these states there is nothing even called a mortgage. Since then, we all use the term mortgage to mean blended housing loans. The holding party depends on confusing you and the judge. (I cover this more fully in another article.)
Now these documents and agreed terms are your home loan. A promissory note is necessary for the transaction and is the most important document you have signed. You made those fair monthly payments. You and the banker tracked the payments, and when your loan was paid off, the promissory note was marked as paid and returned to you. The original promissory note has been returned to you. every-time. You can trust the finance industry to do it this way. But, for any borrower, attorney, or judge born after roughly 1980, this sounds like a fantasy, because following laws and regulations regarding banking hasn’t been an active idea since 1995 (that’s when Microsoft first offered free email at the speed of light).
But, since so few borrowers know any of their rights and these crooked financial men have ruined the economy for the entire world, very few borrowers can afford the $5,000 lawyer to tell them their rights. The vast majority of borrowers who were wrongly foreclosed have told their children that they must change schools and that they are renting a truck they can’t afford and are heading to a rented house or apartment that hasn’t been approved because not only do they have the false foreclosure party taking their home illegally, they also reported For foreclosures of credit rating companies, destroying their credit.
Guys, this isn’t the America I grew up in!
I intend to stay to tell these victim borrowers that things do not have to go this fast. The “bank” that threatens foreclosure has no case. This “grantor party” cannot and will not show real deal evidence that even the real party you owe. This is because they are not the party you owe.
But if you don’t stop turning and fighting, he will get away with it. Your case is so good, you don’t know it yet.
I do that. I work hard to be that person who can tell you why you have more than hope to help you fight. I am a longtime realtor, real estate developer, home builder, mortgage broker and advisor on very large real estate deals across the country. I’m supposed to be a really smart guy, you know what?
Yes, the GMAC Mortgage stole my house and made me go crazy. real madness. I’ve been going crazy every moment since November 11, 2011. But I didn’t rent a truck. I resisted. But, like so many Americans of all professions, the economy took a heavy toll on my income, so I couldn’t afford a lawyer. At the time, I just knew I should have a lawyer.
I’ve had my house in court for seven years now, while I’ve been dealing with the most horrific lies from lawyers in court that I would have ever dreamed of that anyone would be rude (or stupid) enough to say. Fortunately, I now know why I can stay, and if I stay around neither side will win. Explaining what’s different today is too long for this article, but I think I’ll make Seven Years worthwhile pretty soon.
Well, above I mentioned a lot of the problem (not in detail of course) related to how a borrower is trying to protect their home without the money or information needed to hire a lawyer.
The answer is to do it Pro Se. Pro Se means “I represent myself”.
At first, this will seem impossibly intimidating. Everyone I spoke to had a hard time even thinking about it. But it is possible. It is legal. In fact, it is your constitutional right.
First of all, you need information. What did your “lender” do wrong? What did you do right? How do I find my way through the court system? You cannot lie. You have to really know what the truth is and what’s going on. If we try to deceive the court with misleading statements, we will look no better than the characters we encounter. Truth is a very powerful weapon when used correctly.
Whoever threatens to foreclose on you is not the entity that financed your loan. You will not claim that you did not get a loan, because you did. But not from the lender mentioned on your loan papers. It came from an unknown source and illegally. (Just ride with that thought, you can see what I mean later.)
This means that no one with whom you think you closed has the right to collect money from you, nor to “assign” the loan to another entity. So your loan cannot be sold. The seller and buyer of your promissory note cannot write a contract and transfer your loan through a sale because the seller did not have any interest (ownership) in your loan for sale.
But, if you don’t contest it in court, they will claim that your loan has been sold and now the fraudster/prankster (real legal terms in all 50 states) is robbing your home. If they make an incorrect allegation, but you don’t object, the judge must consider the lie to be the truth under the law. Watching borrowers in court, or reading the motions and answers in their cases, it struck me how few borrowers thought they could object. Heck, what did Perry Mason do? Theme. What did Barnaby Jones do? Theme. What did Captain Kirk do at Boston Legal? Yes objected long and loudly. The court is not a church. You should 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 common quiet title procedure for home loan fraud, but today we have something much better. The average cost across the country to file a foreclosure fraud lawsuit is $100 to $200 or so That. Compare that to what the attorney wants up front.
You are now the plaintiff and are no longer the defendant. You won’t go to court for some time, but you will have to claim your rights and the party claiming the right to foreclosure will try to hold you back by lying. But this is all on paper by motions to use appropriate laws and not immediately before a judge in court. Probably never, that’s how we’ve won 5 times recently. It is my belief that as we stay and fight, the beleaguered party decides to choose someone with the power that knowledge brings.
We can organize your documents and come up with a strategy to prove that you did not receive money from the Imposter Lender that you claim to have received. We can answer your questions and help with your presentation. This is what we did for ourselves and we can do it for you. A fraction of what a full-time lawyer earns. When the time is right, you might hire an attorney for a short time in court where you can explain to the attorney why he or she can win for you. This will cost you a fraction of what you think is saving your home. Did I mention that we can help reduce your anxiety with this knowledge?