Defend a foreclosure in a non judicial state

Hello, Lance Denha esq. here to discuss a 12 step program to defend against a foreclosure in a non-judicial state, as well as a judicial states. In a non-judicial foreclosure state, the foreclosure process typically does not involve the court system, and the lender can foreclose on a property without filing a lawsuit. The lender will not go to court at the start of the process but will pursue a foreclosure with the assistance of a foreclosure trustee. This is supposed to be a neutral third party that may be listed in the deed of trust attached to the home. The process of a non-judicial foreclosure varies more widely from state to state than the process of a judicial foreclosure. If you have a defense to a non-judicial foreclosure, you will need to file a lawsuit in court to raise the defense. By contrast, you would respond to the pre-existing lawsuit if you have a defense to a judicial foreclosure. However, that doesn’t mean you’re without options to challenge foreclosure. Whenever you are defending a foreclosure action remember the following essentials to doing just that in order to provide the best opportunity for success:

1. Set a goal. Know and understand what you want;
2. Learn the rules of your local jurisdiction and play by them;
3. Delay, dispute, challenge and attack the debt;
4. Research your options and find a legal professional that “Get’s it”;
5. Obtain a Title Report; Use this as your base as to the identity of the only known lender;
6. Keep the burden on them to show that the lender is someone else;
7. Get an expert report supporting title, TILA, Fraud, Appraisal and other claims;
8. Ignore their statements and intimidation;
9. Challenge any offer the same as you would challenge an action for enforcement of the note or mortgage;
10. Use your debt validation letter and qualified written request as the basis for an emergency injunction commanding them to answer or allowing you to file a satisfaction of your mortgage.
11. Make them prove everything. Assume the documents are fabricated, forged or being misused or misrepresented as to how they came into the possession of the person signing an affidavit or offering testimony in court;
12. Keep the Court’s focus on who actually would lose money if the note was not paid and don’t assume the note was not paid. If your loan was securitized, the “lender” named at closing as payee on the note, mortgagee, or beneficiary on the deed of trust either never advanced the money or was paid in full. That is what securitization is all about.

Remember that foreclosure laws can vary between states, and the specifics of your situation will determine the best course of action. It is crucial to consult with a qualified professional who specializes in foreclosure defense to evaluate the facts of your case. Click here to submit your case information statement to our www.livinglies.me team for a free initial review.

Tags: defendtheforeclosure, NON JUDICIAL SALES
Posted in foreclosure defenses, legal standing |