Tuesday, September 21, 2010

KICK ASS LAWFUL NOTICE: Demand to Cancel Trustee Sale

Well some of you have wondered what happens in PRO SE groups and why we meet and hold mock courts and share information.  This notice was developed by a man that has been able to cancel several of his own foreclosure or trustee sales.   The gentleman that developed it spoke at one of the John Stuart seminars.  He freely gave it to the group to help others fight the sale BEFORE the trustee sale occurs.  

Here is an excerpt and the rest can be found on showmetheloan.net.   If you like it and use it sucessfully, make sure to come back and give them a donation to help continue with  foreclosure defense, foreclosure fight or mortgage challenge.  However you term it,  the results are the same.



LAWFUL NOTICE
DEMAND FOR CANCELLATION OF:
NOTICE OF TRUSTEE’S SALE ARIZONA
DATE: September 10, 2010
NAME: Your Name Here
LOAN NUMBER:  00000000
PROPERTY ADDRESS: Your address here
FORECLOSURE NUMBER: 00-00000
RE: CANCELLATION OF NOTICE OF SALE ARIZONA


NOTICE TO PRINCIPAL IS NOTICE TO AGENT NOTICE TO AGENT IS NOTICE TO PRINCIPAL

You are participating in a process that is legally insufficient and VOID!
            You are hereby informed of your insufficient process and therefore you must comply with due diligence requirements pursuant to and in accordance with your fiduciary responsibilities to all parties.
           You are hereby demanded to cancel the current “Notice of Trustee’s Sale Arizona which has been unlawfully recorded per the Note and Deed of Trust which may or may not be relevant to the home located at:  Your address here.
          There are numerous statutory notice violations and contractual provision violations associated with your fraudulent Trustee’s Sale process against the referenced Deed of Trust. If you proceed with the Trustee’s Sale your actions will be considered an attempt to unlawfully convert real property though the filing of fraudulent documents in a public office.

           The Arizona Supreme Court (and others) has ruled that lenders must strictly comply with Deed of Trust statutes.  Further the court has ruled that any Trustee’s Sale which is held without complying with the notice requirements of statutes would be VOID.  The court has also ruled that a party availing himself of a contractual provision providing for such forfeiture must comply strictly with all the provisions of the contract.
 Below are the items I have found thus far:
1.         According to the referenced Deed of Trust, Section 22, paragraph 1, subsection c and Section 6c of the referenced Note, you are required to initiate a power of sale on “a date, not less than 30 days from the date the notice is given to Borrower, by which the default must be cured.”   You have failed to provide such notice prior to recording the Notice of Trustee’s Sale Arizona.
2.         According to the Arizona Supreme Court you are required to “Strictly Comply” with all contract provisions and statutory notice requirements for Trustee’s Sales and forfeitures.  One of the statutes states that I shall be given an exact copy of the Appointment of Successor Trustee.  I was not given such a copy within the required 5 days after the recording. 
 3.         According to the Arizona Supreme Court you are required to “Strictly Comply


TO OBTAIN THE REST OF THIS DOCUMENT GO TO showmetheloan.net look in the downloads for LawfulNoticerevised.docx



2 comments:

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Zafor sadik Siam said...


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