IN JUST A FEW WEEKS, A NEW TIDAL WAVE OF FORECLOSURES AND EVICTIONS WILL BEGIN.
HOMEOWNERS AND RENTERS DO HAVE DEFENSES, BUT THEY ARE UNAWARE OF HOW TO USE THEM.
THIS LEAVES THEM OPEN TO FRAUD — victims of both predatory investment banks and predatory entrepreneurs.
Here is a simple rule of thumb — if it isn’t a lawyer directly offering his/her services you are probably being scammed. There is no such thing as a middleman who decreases the cost or increases the quality of the service. That is pure fiction.
This is already happening. There are a number of lay people out there, some of whom are even well-intentioned, that are making promises that are merely wishful thinking.
So in a nutshell, if you think you are going to defeat a claimant who says that they are the lawful owner of an existing obligation that has not been paid, you need to do one of three things:
- Prove that there is no existing obligation owed by the named claimant (not as hard as you may think)
- Defeat the ability of the named claimant to put on evidence (generally successful).
- Destroy the credibility of the testimony and exhibits at trial through voir dire and cross-examination (sometimes successful).
In all cases, you need a skilled trial lawyer who is not afraid to object, argue aggressively, and persistently seeks to take control of the litigation narrative throughout the process.
It is not and never will be enough to know that you are the victim of fraud and to claim that. It is not enough to pose challenging questions to which you will receive no answer outside of court (although QWR and DVL are effective mans for setting the stage for impeachment through inconsistent answers).
It is not even enough to pose those questions in discovery unless you aggressively pursue answers by filing motions to compel, getting a hearing, winning the hearing, and getting an order from the court commanding the foreclosure mill to provide you with answers to questions that they will never answer.
And it is not enough to get that order unless you know what to do with it in order to limit evidence that can be introduced against you.
The scam artists will play on certain predispositions and then let you sell yourself on doing something against your own interests. You want to save money and they offer to get you results for less money than a lawyer would charge.
No report is going to save you without a lawyer who knows how to use it. But is also true that most lawyers have nothing to work with without the report. Your personal information (mostly opinion) is useless because you don’t understand the basic elements of securitization of debt as practiced by the investment banks for the past 25 years:
- THE DEBT WAS NOT SECURITIZED
- THE DEBT WAS WRITTEN OFF CONTEMPORANEOUSLY WITH ORIGINATION OR ACQUISITION OF THE HOMEOWNER TRANSACTION
- THE NAMED TRUSTEE HAS NO TRUSTEE POWERS
- THE NAMED TRUST HAS NOTHING IN IT AND PROBABLY HAS NO LEGAL EXISTENCE BECAUSE OF THAT.
- INVESTORS ARE NOT BENEFICIARIES OF THE NAMED TRUST
- ADMINISTRATION, COLLECTION, AND ENFORCEMENT ARE PERFORMED FOR PROFIT — NOT FOR COLLECTION OF AN UNPAID DEBT.
- THE “CERTIFICATES” WERE NOT CONVEYANCES OF ANY RIGHT, TITLE, OR INTEREST IN ANY DEBT, NOTE, OR MORTGAGE.
HAVE A HAPPY THANKSGIVING!!!
I WILL PUBLISH AGAIN NEXT MONDAY.
FREE REVIEW: Don’t wait, Act NOW!
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But challenging the “servicers” and other claimants before they seek enforcement can delay action by them for as much as 12 years or more.
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Yes you DO need a lawyer.
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If you wish to retain me as a legal consultant please write to me at neilfgarfield@hotmail.com.
8 thoughts on “BEWARE OF FORECLOSURE RELIEF SCAMS”
Happy Thanksgiving to you all-
Legisman. I just found an issue with our modification contract. They charged a higher escrow amount for property taxes and insurance when the contract clearly states that on the date modification becomes permanent and all arrears are zeroed out at. They did not go this.
Now what ???
Legi — if you trace what happened BEFORE contract signing, you will find what went wrong. And, that there was, therefore, no “contract.” Not the borrowers who breached anything. Can’t breach something that the other party already breached.
Happy Thanksgiving to all.
legi — I have emphasized for a long time to not only go back to the original contract, but also the PRIOR transaction (and maybe even the one before that). This is where the devil is in the details.
Legi — I guess you have seen the Bank accounting of these loans?
Legi — you bought the BS. Summer is correct. You are smarter than this. If you do the accounting and research — you will see exactly what Summer says.
How do I know? Not in foreclosure. But the money paid vanished – into thin air. What protects me? I have the proof. There is something to be said for hoarding what you think is old and junk and otherwise would have thrown out. Nope – was not junk – good thing hoarded – and everything old is new again.
Enjoy your Thanksgiving!! And the same to all l!! .
Prove that there is no existing obligation owed by the named claimant is actually relatively easy.
As the purported Lender (your original “mortgage” company” – if still exists) to WHOM they sold your obligation.
And they will never reply, except absurd runarounds.
If your so-called “loan” is GSE’s “guaranteed” – when exactly your loan was purchased by GSE and a proof of purchase.
They will never reply, except maybe absurd runarounds.
Thank you, Neil, for explaining to us all details and for all your hard and wonderful work !
Stay healthy and safe!
We will win.
Thank you from the people for this Neil.
Happy Thanksgiving to you and to all. .
We must have something to be thankful for.