How to Fight a Foreclosure and WinPosted on July 7, 2014 by
Over the last two years I have covered in great detail the Securitization Swindle the banks have been perpetrating for over a decade. The banks were successful because they created such a tangled web that it was nearly impossible for everyday people, lawyers, and judges to understand what was happening. For years homeowners just couldn’t catch a victory in court, but things have been changing… Courts across the country have started to see the light and rule in the homeowner’s favor. In this month’s article I’m going to explain how an ordinary homeowner can stand up to the banks and win.
The first step is to find an attorney who truly understands securitization. This was a process that was specifically designed to confuse intelligent people and convince them nothing fishy was happening. You can’t expect just any attorney with an ad in the yellow pages to understand the process well enough to convince a judge that you were wronged. You must find an attorney who can convince a judge that the transaction laid out in the mortgage paperwork never happened. The lender never loaned a dime of their money to the homeowner.
In a securitized loan, the money for the loan was provided by an unrelated third party who was never named on the note. The bank got this money from investors who believed they were buying into trusts that funded mortgages. Instead of creating these trusts, the bank pocketed the money and used some of it to fund mortgages in its own name. The bank then covered up its tracks by fabricating a series of sham transactions it called “proprietary trading.”
In any law suit one party must prove that they have been harmed or damaged. Otherwise, there are no grounds for the suit. The best thing for your attorney to do is to force the lender to prove that they have been damaged. That is done in discovery by requesting copies of the lender’s books showing that the check or wire actually came from them. Also, request a copy of the receipt for the wire. The “lender” will not come up with either document. If you can find a judge who will allow this line of questioning you will be on your way to a negotiated settlement in which you will end up with a significant reduction of the mortgage balance and a significant reduction in the interest rate. In return, you will be sworn to absolute secrecy.
Again, the transaction described in the loan paperwork was not the transaction that took place. By showing this to be the case, you show that the mortgage was never owned by the party claiming the authority to foreclose, and that the note does not identify the actual lender or the terms of repayment. This would negate the enforcement of the mortgage. The only way the foreclosing bank can disprove this would be to show the money trail from origination up to now and show that it matches the terms laid out in the closing paperwork, which would be impossible.
The fact that the courts are finally wising up to the games the banks played is creating a massive opportunity for real estate investors. If you know of anyone with a defaulted note, you need to get in contact with my office immediately at (706)-485-0162. I have spent the last two years building up a team of experienced attorneys and fraud examiners/forensic auditors who specialize in exposing fraud committed in the mortgage process and using that fraud as leverage to negotiate the sale of notes.
We have a huge opportunity to help homeowners and do some great deals with multiple exit strategies. We finally have the leverage we need to get the banks negotiating on our terms. It doesn’t even matter if the homeowner has already been foreclosed on, we might be able to help.