THE ART OF FORECLOSURE DEFENSE
Foreclosure defense is exploding. Foreclosure defense is the fine art of keeping a homeowner in their home for as long as possible, without the homeowner paying the mortgage. A good foreclosure defender can keep a homeowner in her home for years…rent free. She may be able to get a settlement at the end of the day.
Three rent free years adds up to tens of thousands of dollars of savings. It may be enough time for the kids to finish off high school. Foreclosure defense has helped more homeowners than HAMP and HAFA combined.
The foreclosure defender’s knowledge and execution are priceless. A good foreclosure defender need not be an attorney, real estate agent, nor loan broker. But she needs close relationships with them. She doesn’t need a fancy office to meet her clients, but she must be able to close deals at It’s a Grind. She sounds upbeat on the phone and her texts bring a sense of confidence.
There is no one single way to keep a homeowner in the home. It requires a knowledge of the process. She needs to know about short sales, since those can buy almost a year. A loan mod can keep a homeowner in the home for another year. Foreclosure mediation gets the homeowner four more months. Postponing the trustee sale can buy 90 days. Mortgage litigation can buy six months. Bankruptcy another 100. And then there is the unlawful detainer defense. Which of these to use, when to use them, and how to use them is an art.
2 thoughts on “2012 the year of the foreclosure defender”
I have the same GENERAL story. My mortgage bounced around to 4 different lenders following my Dec 2006 refinance. Three of those purchases were not recorded, no assignment what so ever! I have managed to hold the monsters off with 3 concurrent and temporary loan modifications (12 months ea). During my most recent modification, my mortgage was sold once again. This time to a Real Estate Investment Partnership, LLC ( Specializing in Distressed Properties). Thats what they do…….Buy..foreclose…resale!!!! They are NOT a BANK. They don’t even consider themselves a lender. So now my loan modification is up, I CANNOT make the doubled payments, and have received Notice of default from their servicing company. I am desparate for a way to keep my home. It is a fraction of land that is left that myself and 3 sisters grew up on helping my dad farm. We all have a small lot and planned to retire and live here next to each other for the rest of our lives
Although I am completely aware of the broken chain of Title, and also is the fact that they MOST LIKELY do not have the Original Note, I have yet to find any Court cases (In California) on this matter that have come out Victorious for the Homeowner. HOW DO YOU FIGHT THIS???
I have been battling JPMorgan Chase Bank for over two years. My case just came down from the 9th Circuit. I lost. Why? Because the panel deciding my appeal apparently did not want to embarass the federal judge and his false Order and mismanagement of my Case. The Judge made an Order conveying JPMorgan Chase Bank the right to enforce my mortgage – including by foreclosure. The Order reads that under the terms of the loan documents Chase Bank is authorized to fully enforce my Note. The problem is that the Record does not contain any loan documents with Chase’s name on them – much less that confers standing for Chase to enforce my mortgage. The only semblence of loan documents is the not certified copy of my five year old mortgaged I executed in favor of Washington Mutual Bank during 2005. I know what you are probably thinking but no, there does not exist an assignment transferring the note from WAMU to anybody. WAMU secretly ridded itself of our mortgage prior to being taken over by the feds. Judge Phillip Pro seems to be a thief. He must stand to gain something from making an Order falsely providing Chase Bank standing to enforce my note. Like I said at the onset, the 9th Circuit Panel simply endorsed the fraudulent Order – probably out of concern for maintaining his integrity. But thank GOD for the Nevada legislature. For you see Chase Bank after having engaged in fraudulent foreclosure practices against me cannot now meet the burden to foreclose because that bank simply never had legal standing to do anything with my mortgage. There is no papertrail from WAMU period. Call me at 702 5780131 for more. I am not defeated, I have exposed the district judge’s fraud to the proper 9th Circuit authorities. I have prepared a RICO complaint naming Chase, the trustee company, two law firms and yes the federal judge as Associates in Fact to the Chase Bank’s criminal enterprise