NON-JUDICIAL STATES: THE DIFFERENCE BETWEEN FORECLOSURE AND SALE: FORECLOSURE is a judicial process herein the “lender” files a lawsuit seeking to (a) enforce the note and get a judgment in the amount owed to them (b) asking the court to order the sale of the property to satisfy the Judgment. If the sale price is …
non-judicial sale is NOT an available election for a securitized loan Read More »
33-809. Request for copies of notice of sale; mailing by trustee; disclosure of information regarding trustee sale A. A person desiring a copy of a notice of sale under a trust deed, at any time subsequent to the recording of the trust deed and prior to the recording of a notice of sale pursuant thereto, …
Starting Action AFTER the Non-Judicial Sale: Get the Information Read More »
33-801. Definitions In this chapter, unless the context otherwise requires: 1. “Beneficiary” means the person named or otherwise designated in a trust deed as the person for whose benefit a trust deed is given, or the person’s successor in interest. [Note that this does not include a nominee like MERS. There is a reason for …
AZ STATUTE DEFINES BENEFICIARY and CREDIT BID: NOT "NOMINEE" Read More »
Editor’s Note: Due process requires that nobody be deprived of life, liberty or property without a judicial determination on the merits of claims against them. Non-judicial procedure runs a thin line that has not actually been tested constitutionally. Assuming it is valid by virtue of the “freedom of contract” doctrine, it still cannot be used …
Rally in Tally: Homeowner Relief and Housing Recovery Act is a Sham and Shame Read More »
see how-to-negotiate-a-short-sale see how-to-negotiate-a-modification See Template-Lawsuit-STOP-foreclosure-TILA-Mortgage-Fraud-predatory-lending-Set-Aside-Illegal-Trustee-Sale-Civil-Rico-Etc Includes QUIET TITLE and MOST FEDERAL STATUTES — CALIFORNIA COMPLAINT See how-to-buy-a-foreclosed-house-its-a-business-its-an-opportunity-its-a-risk This is general information and assumes that you have access to the rest of the material on the blog. Foreclosures come in various flavors. First of all you have non-judicial and judicial foreclosure states. Non-judicial basically means …
Sometimes this mission of mine gets frustrating. I’m trying to provide the necessary information for homeowners and their lawyers to defend their property, get damages from their lender, and potentially walk from the foreclosure house with free and clear title and no note instead of walking from their homes. Lawyers are mostly skeptical and people …
Foreclosure Defense: Why People are Ignoring Their Rights Read More »
