Foreclosure Defense and Offense: Conversion of Non-Judicial Steamroller to Judicial Process Where Your claims are Heard on the Merits

If you are living in a state with non-judicial procedures, it also allows judicial procedures. The ONLY time the non-judicial procedure should be used is in slam dunk cases, of which there are nearly none, so the Trustee on teh Deed of Trust is violating his fiduciary duty to the homeowner when he fails to do due diligence, discovering the securitization and chain of title problem with the note and mortgage.

If your state does not have a specific procedure for converting the process to judicial, then you must do one of two things — either file suit or file an affidavit of non-compliance with TILA, RESPA and State and other Federal Laws in the county where the property is located in the recording offices where deeds and mortgages are filed. This will cloud the title and hopefully require the “lender” to step into the light and prove his case, saving you the expense and time of filing your complaint.

By forcing the “lender” to start judicial foreclosure proceedings it means that they will be required tof ile and seve a lawsuit on you. In that lawsuit they need to make certain allegations regarding the ownership of the note and mortgage and attach copies of what theya re talkilng about. IN some cases, the lender might just disaapear if you file anything in the county records that would require them to make allegations and submit documents that are fraudulent.

Tags: conversion from non-judicial to judicial, foreclosure defense, foreclosure offense, judicial, non-judicial
Posted in Eviction |