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 […]

Tags: allegations, ARIZONA, authentication, burden proof, competent witness, due process, election of non-judicial sale, exhibits, FOUNDATION, judicial, judicial economy, lawsuit, NON-JUDICIAL SALE, objection to sale, prima facie case, PROOF
Posted in Corruption, Eviction, expert witness, foreclosure mill, Modification, securities fraud, Servicer |

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, […]

Tags: 33-809. Request for copies of notice of sale; mailing by trustee; disclosure of information regarding trustee sale, beneficiary, foreclosure, judicial sale, NON-JUDICIAL SALE, post foreclosure, Request for Notice, trustee, Trustor
Posted in Corruption, Eviction, securities fraud |

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 […]

Tags: agency, ARIZONA, Arizona statutes, beneficiary, credit bid, DEED OF TRUST, judicial sale, MERS, nominee, NON-JUDICIAL SALE, principal, UNDISCLOSED PRINCIPAL, VIOLATION OF STATUTE, VOID, VOIDABLE
Posted in Corruption, Eviction, securities fraud |

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 […]

Tags: cloud on the title, due process, Florida, Florida bankers Association, foreclosure sales, freedom of contract, Homeowner Relief and Housing Recovery Act, House Bill 152, House Criminal & Civil Justice Council, judicial determination, judicial economy, Malcolm Doney, merits of claims, non-judicial foreclosure sales, NON-JUDICIAL SALE, notice, Owner of a Promissory Note, rally, Tally, without prejudice
Posted in bubble, Corruption, Eviction, securities fraud |

First of all you have non-judicial and judicial foreclosure states. Non-judicial basically means that instead of signing a conventional mortgage and note, you signed a document that says you give up your right to a judicial proceeding. So the pretender lender or lender simply instructs the Trustee to sell the property, giving you some notice. […]

Tags: accounting, creditor, Eviction, foreclosure, foreclosure defense, four wall audit, how to, judicial sale, lender, NON-JUDICIAL SALE, Notice of Default, Notice of Sale, pretender lender, service of process, TRO, Unlawful Detainer
Posted in Corruption, Eviction, securities fraud |

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 […]

Tags: borrower rights, foreclosure defense, homeowner rights, NON-JUDICIAL SALE
Posted in Eviction |

Start with GARFIELD’S GLOSSARY ABOVE: HERE IS ARE SOME OF THE RECENT ADDITIONS TO THE GLOSSARY AND TACTICAL CONSIDERATIONS: Deed of Trust An instrument signed by a borrower, lender and trustee that conveys the legal title to real property as security for the repayment of a loan. The written instrument in place of mortgage in […]

Tags: ABS, DEED OF TRUST, default, due process, foreclosure, legal standing, lender, NON-JUDICIAL SALE, original note, REAL PARTY IN INTEREST, trustee
Posted in bubble, Corruption, Eviction, securities fraud |

We are still in process of revising our manuscript for publication with all the forms we can think of. Here is a  summary of our findings thus far. Generally we have two types of jurisdictions — the non-judicial sale jurisdictions and the mortgage foreclosure jurisdictions. California, Arizona and Nevada are non-judicial sale jurisdictions as are […]

Tags: attorneys, auditors, bankruptcy, Chapter 13, forcible detailer, foreclosure defense, judicial sale, lenders, mortgage brokers, NON-JUDICIAL SALE, notice to quit, notice to vacate, rescission, Sheriff, TILA audit
Posted in bubble, Corruption, Eviction, securities fraud |

SUING THE LENDER, MORTGAGE BROKER ET AL AFTER FORECLOSURE AND SALE When it is all over and you have been evicted from your dream home, most people drop the matter and move on, being too distracted by their monetary problems to look back at the painful disaster. What you should know, however, is that violations […]

Tags: audit, foreclosure sale, LAWYER, Lender Liability, NON-JUDICIAL SALE, TILA
Posted in bubble, Eviction |

I WANT YOUR STORIES!!! HERE IS WHAT I JUST RECEIVED FROM A LAWYER I KNOW — This one who I have been corresponding with sent me an e-mail describing the events of her “closing” where she was told by the Countrywide loan officer that her dad’s life estate did not need to go on the […]

Tags: BARNES AND NOBLE, BEAR STEARNS, CALIFORNIA, Eviction, mortgage meltdown, NON-JUDICIAL SALE, Sheriff, WASHINGTON
Posted in bubble, Corruption, Eviction, securities fraud |