House Hunting, Fighting Foreclosure and Government Grants for the Homeless

Well the banks successfully evicted us after our year long battle.   Using last year's judgement instead of going through the forcible detainer (eviction) again.  Bankruptcy for some will still be a good option for fighting through the legal system. Make sure if you go through bankruptcy that you learn as much as you can FIRST, or have a very trustworthy person guiding you.

For other people doing a  notary complaint process and documenting the fraud for a lawsuit will be a better answer.

Going through this process has taught us a lot.   Find your alternative housing long before you end up evicted.  It is not dishonest to plan ahead, the banks are a business and all is considered as contract law. It is not dishonest to plan to take care of your family while fighting the fraud and  negotiating with the banks to honor THEIR contracts. For instance have they fulfilled the obligation for the qualified written request within 90 days? Have they committed TILA violations, have they broken Fair Debt Collection Act? Were you robo signed?  There are many FRAUD issues.  Make sure to check out showmetheloan.net or the blogs listed in my blog roll to the right to educate yourself on more issues.  You can also check past blogposts on this blog using search for key terms.

REAL ESTATE: LARGEST GOVERNMENT LAND GRAB

Right now we are seeing a new thing on listings for homes for sale by banks.  In our search for cheap housing we found that HUD is awesome source of free housing - FOR INVESTORS.  The government in it's land grab has taken over most loans from banks via Fannie and FHA etc.  They account for about 63% of real estate listings.  This means that the government is the direct benefactor of  "non performing assets".  Remember these mortgages were sold to investors already (money made) then again were paid for with insurance funding for investors and insurance when house was foreclosed on.   Now the government owns them free and clear and unlike a straightforward real estate advertise, buy and close - they are holding out for highest bidder.   We found this out when looking for a 37,000 piece of property with trailer that was advertised as available.

So essentially the government is grabbing homes with a call to increase the foreclosure process, then they are holding up people from investing outright in a new home by bid competition-AND on the other hand they are spending money to fight the homelessness they are inflicting on people.  Remember in foreclosure you have 5 days to get out, once the bank notifies you. Technically once the auction or trustee sale has happened - you are homeless, until you can have it overturned.   The government is in control of about 63% of those foreclosures, they could stop the train there, instead they are granting millions of dollars to homeless programs, including a new 16.4 million to combat rural homelessness.   Hard to say this but we are now one of the homeless, partially due to the lack of action by government in dealing with the fraud.  AS with any other government process, funding will be hard to access by those who need it. 

But I digress, back to the house hunt. We went and talked with neighbors of the advertised home,  who told us that the home had sold one month ago for several thousand over the asking HUD price. The happy new owners and paid out cash total of something like 63,000, obtained keys and were waiting for the green light to move in or rent it out. We quickly learned that HUD advertises one price, then holds out and extends the listings, waiting for highest and best cash offer.  INVESTORS are snapping up the medium priced properties. Thank you government for not stopping robo signing, fraud and correcting wrong - but for taking advantage and lining the  coffers of the governmental 'spendaholics'.  Does this type of thing sound familiar? Fix and Flip prior to the housing crash?

BANKS DEFENSIVE ADVERTISING

On Trulia the real estate owned by banks (REO) is being advertised in a very defensive and inaccurate statements.   HERE is a sample wording from one listing:

Bank Repossessed. This property has completed the foreclosure process and is now owned by the foreclosing lender, which took title to the property for an estimated consideration (loan balance plus other fees and costs). Foreclosing lenders are often motivated to sell bank-owned properties (also known as REO, or Real Estate Owned) quickly because they are non-performing assets. Please register for a free trial with RealtyTrac to access complete information for this property, including full address, foreclosure details, lender information, and more. 

If you have been following this blog and others you will know that the foreclosure process is not complete - there is the return of the security instruments according to UCC 3 -501 B.  There are many lawsuits and possible clouded title.  Chain of title could still be compromised.  They have taken title alright - stolen in many cases from owners who have not questioned if all payments were applied to the mortgage or if they were target of toxic loan or robo-signer.   The fact that they are advertising this is troublesome to many in the t foreclosure fight arena.

WE ARE WORKING ON IT!

Now we are back to square one working on our legal processes, while looking for a place to house us for the next six months to one year.   We are also rebuilding our business.   WE are in temporary situation and life is good.  If you hear of a great property with cheap housing for under 50K let us know.. or a home to care-take while the homeowners are fighting their foreclosure. :)  Let us know how your foreclosure fight is going by leaving a comment.

Foreclosures Evictions and Arizona Law

The following can be found at this link
Foreclosure Summary copyright, © ForeclosureLaw.org     ALL RIGHTS RESERVED BY FORECLOSURELAW.ORG

MY NOTE:  Please read up on the ARS laws for foreclosure ... there are many procedural and technical details that must be met BEFORE Trustee Sale.  For instance in the information below, ALL properties by AZ law are to be posted unless access is blocked is required. It is not OPTIONAL. '

Arizona Foreclosure Law SummaryArizona Foreclosure Law Summary
Stop Arizona Foreclosure

Arizona Foreclosure Law - Stop Arizona Foreclosure

Quick Facts

- Judicial Foreclosure Available: Yes

- Non-Judicial Foreclosure Available: Yes

- Primary Security Instruments: Deed of Trust, Mortgage

- Timeline: Typically 90 days

- Right of Redemption: None

- Deficiency Judgments Allowed: Varies

In Arizona, lenders may foreclose on deeds of trusts or mortgages in default using either a judicial or non-judicial foreclosure process.

Judicial Foreclosure

The judicial process of foreclosure, which involves filing a lawsuit to obtain a court order to foreclose, is used when no power of sale is present in the mortgage or deed of trust. Generally, after the court declares a foreclosure, your home will be auctioned off to the highest bidder.

Non-Judicial Foreclosure

The non-judicial process of foreclosure is used when a power of sale clause exists in a mortgage or deed of trust. A "power of sale" clause is the clause in a deed of trust or mortgage, in which the borrower pre-authorizes the sale of property to pay off the balance on a loan in the event of the their default. In deeds of trust or mortgages where a power of sale exists, the power given to the lender to sell the property may be executed by the lender or their representative, typically referred to as the trustee. Regulations for this type of foreclosure process are outlined below in the "Power of Sale Foreclosure Guidelines".

Power of Sale Foreclosure Guidelines

If the deed of trust or mortgage contains a power of sale clause and specifies the time, place and terms of sale, then the specified procedure must be followed. Otherwise, the non-judicial power of sale foreclosure is carried out as follows:

The trustee must record a notice of sale in the office of the recorder of the county where the property is located. Within five (5) days after the notice is recorded, the trustee must mail, by certified mail, a copy of the notice of sale to each of the people who are parties to the trust deed, except for himself. Additionally, the notice must appear in a newspaper in the county where the property is located once a week for four (4) consecutive weeks, with the last notice being published not less than ten (10) days prior to the date of the sale.

Optionally, if it can be done without a breach of the peace, the trustee can post the notice at least twenty (20) days prior to the date of the sale, in some conspicuous place on the property to be sold and/or he or she can post the notice at the courthouse or at a specified place at the place of business of the trustee in the county in which the property is located.

The trustee or the trustee�s agent must conduct the sale. The sale is for cash to the highest bidder, except that the lender can make a "credit bid," which means to cancel out some part (or all) of the money the borrower owed the lender on the lean, instead of paying cash. A successful high bidder must pay the bid price by 5 pm of the day after the bid, other than a Saturday or legal holiday. Every bid is an irrevocable offer until the sale is completed, which happens when the bidder pays the bid price to the trustee�s satisfaction. If the high bidder fails to make the payment by 5:00 pm, the day after being notified of the option to buy, then the trustee may postpone the sale.

The trustee may postpone the sale to another time, or another place, by giving notice of the new date, time and place by public declaration at the last place and time the property was offered for sale. No other notice is required. A trustee may also, by written agreement, extend the time for a buyer to come up with the payment.

Once the sale is complete, the proceeds will go to the payment of the obligations secured by the deed of trust that was foreclosed, then to junior lien holders in order of their priority. The successful bidder gets a trustee�s deed, which provides conclusive evidence that the trustee conducted the foreclosure sale property.

A note regarding Deficiency Suits: A lender may not bring a deficiency suit against a person who lost a property that is 2.5 acres or less at a foreclosure, provided the property was a single one-family or a single two-family dwelling. This is so even if the high bid at foreclosure was less that the balance due on the loan. However, in foreclosures against other types of property, a deficiency suit is allowed, but is limited to the difference between the balance owed and the fair market value of the property, and then only if the suit is brought within ninety (90) days of the power of sale foreclosure.

More information on Arizona foreclosure laws.

Video news: I was in modification and they foreclosed without notice! Channel 12

I sat in court and watched as several people  in just one of the many courtrooms in Maricopa county said to the judge:   I was modifying my loan, I had no idea they were foreclosing.   This is a common theme.  Some even have letters showing the promise to not foreclose while modifying.   Banks do and will tell some customers that a short sale attempt will not stop foreclosure but they do not always tell customers they are at risk of losing home even with modification.

It is criminal to sit in court and people taking time off from jobs (which are hard to replace) are told they have to come back later for a hearing (with or without lawyer) to show anything they might have to prove the foreclosure was illegal   So not only are banks illegally obtaining homes by fraud, not working with the government to modify loans  they are also PRESUMED to have done everything correctly by the courts.  Given all the news reports I think any judge that PRESUMES  BANKS TO BE OPERATING CORRECTLY ARE not capable of judging.

We need over-site of government, banks and court procedures. The story above of MIKE is all to common. The comments by the Treasury is ASTOUNDING. Don't count on Mikes eviction being held for very long. Share this article by using the tweet and facebook links in righthand column.

$1 billion nationwide: NPS foreclosure damage grant

sxc.hu

»	byLeonardini

Maryland foreclosures: State to get $6.8 million to help stabilize neighborhoods damaged by foreclosures - baltimoresun.com: "Maryland communities will receive $6.8 million to combat the damage that foreclosures have wreaked in neighborhoods, the federal government said Wednesday.


The grants are part of $970 million the U.S. Department of Housing and Urban Development is handing out nationally"   Additional locations receiving help include:

St. Louis REgion (including Illionois)  with award of  $16.2 million    this is in addition to the previous 14+ million awarded in previous years. Illinois will recieve $30 million


Oregon will receive funds. $5 million on top  two previous awards of  $19.6 million and $6.8 million. The state has used those awards to acquire more than 350 properties for rehab or resale in 45 communities including Portland, Gresham, Salem and Bend.




Nevada  who leads in foreclosures nationwide; expects $43 million to help with foreclosure
 crisis.. 




Florida  200 million.. .what is slap in the face -  where was  all the help for homeowners whose modifications were never considered and were not helped. Those who were evicted and yet now look at what is said: 

"These homes are going to be the primary residence of those who are working hard during these difficult times, yet are still struggling to own their own home," Brown said. "Additionally, the program puts people to work immediately since many of the homes require renovation."

NOTE:  What about the over 1 million people yearly nationwide that were trying to stay in their homes? 


JUST OUT: -  ARIZONA gets help: 

Arizona to receive $45 million more to fight foreclosure crisis

AZ Central.com - Lynh Bui - ‎1 hour ago‎

8, 2010 01:14 PM Arizona will receive an additional $45 million in federal dollars to help with the state'sforeclosure crisis. Arizona counties, cities and ...

  ROBINHOOD:  STATES IN 


TIGHTS? 

                  


WASHINGTON (MarketWatch) -- The U.S. Housing and Urban Development Department on Wednesday allocated $1 billion in funding to U.S. states to help stabilize neighborhoods faced with many foreclosures. The sweeping bank reform bill, the Dodd-Frank Act, allocated the funds for the programs. "These grants will support local efforts to reverse the effects these foreclosed properties have on their surrounding neighborhoods," said HUD Secretary Shaun Donovan. States can use the funds to acquire land and property; demolish or rehabilitate abandoned properties. 


NOTE:  Read that bold part again... States  can now take advantage of homeowners who has their homes stolen (see florida) by illegal foreclosure mills etc.   Doesn't that just make your brown eyes - blue?  Let's see conflict of interest.... help homeowners?  or help grow cities or state lands?  Dont' staes make laws that affect the homeowners ability to win or lose their foreclosure fight in court?




NOTE:  the ultimate slap in face is evicting homeowners, especially those trying to get help, and then allowing THEIR tax dollars to help fund recovery for the aftermath of foreclosure frenzy




I could go on and on, but it is getting pretty disgusting to listen to ALL the taxpayer money being awarded, when this was PREVENTABLE.   Dont' get me wrong I think neighborhoods need cleaning up and crime preventation and restoration BUT I am sick at heart that states, cities, banks and insurance companies get funding and homeowners get the boot. 




alll images creative commons, public domain.
money funnell is through sxc.hu

»	byLeonardini (

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NOTE: Scouring for a great new video to share I found this gem of a news article that ran earlier this month. This meant a lot to me as my sons used to collect comics and we have stored a boxful for him. During our great cleanout we returned them to him and now, who knows, someday they may rescue him from some financial difficulty. Ya never know.

BE YOUR OWN LAWYER Foreclosures: NEWS VIDEO CHANNEL 12

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read op/ed below

see part 1 of this series: VIDEO AZ LAWYER - loan mods

BUY Jurisdictionary: don't leave home without it. to get the knowledge you need in court

OP/ED
I do agree do not be afraid, tell your story and I would add GET YOUR DOCUMENTATION (nlss.audits@gmail.com) and learn all you can. Are you fighting foreclosure or eviction???? You don't even have to be deliquent to learn and prepare.

Although they are focusing on the forcible eviction, Atttorney Doug Rhoades explains that you can represent yourself in eviction. This is great article. If you are deliquent start studying now and try to prevent the sale. See my link to yahoo's mortgage- challenge group.

If you need foreclosure or loan documents examined contact nlss.audits@gmail.com or contact me for referrals. Check out the upcoming seminar in Scottsdale (Show Me the Loan) this weekend for learning how to represent yourself in court. There is free seminar coming on Sept 15th for extra information in a comfortable setting (email: nlss.audits@gmail.com or contact me).

Mortgage Problems? fraud? LUCKY YOU Seminar this weekend

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Saturday September 4th | Class from 9am to 6pm

Sunday September 5th | Mock Court |10 to 4

Speakers include:

John Stuart , William McCaffrey, Darrell Blomberg, and Cynthia Cantrell

www.showmetheloan.net

Learn why and how You NEVER received a "LOAN" and the

Bank exchanged your PROMISSORY NOTE for the HOME

REGISTRATION

Please register as soon as possible so we can have enough refreshments and tables available for everyone s comfort. If you can t pay until you show up, just let us know you are coming for sure.

$275 DONATION

GROUP RATES: 2-5 $230 each, 6-10 $190 each

BARTERING CONSIDERED for financial hardship

Hotel registration is separate from registering for the seminar. Contact the Hotel directly for room reservations and tell them you are there for the seminar.

Special Room rates for seminar attendees

Contact the Millennium Resort Scottsdale McCormick Ranch

7401 North Scottsdale Road, Scottsdale, Arizona

People:
Donation Amount:

This seminar held to spread the word about the fraud committed by the banks. Donations are used for

research into how to stop the banks from stealing our homes.

Lowest Home Ownership Rates since 1960's

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Watching today's news coverage and reading the USA Today's article about the drop in homeownerhip; several things became apparent. The prediction of my realtor friends and dire warnings of the housing depression was mild compared to today's estimates....

6 MILLION - repeat 6 Million out of 8 million homeowners lagging in payments now will ultimately lose their homes to foreclosure.

Face it most Americans love owning their own home and until recently it has been a great financial decision to own a home, less expensive than renting and a matter of pride...But now; not only are some people are afraid to buy, the banking industry is making it harder to qualify for a home, and the government is not addressing the actual unemployment rate in a real and substantive way.

Things need to turn around fast to help protect our neighborhoods and communities.

Right now in our local city you can buy a foreclosed home for between 50 and 100 thousand..... There are bargains out there, but be careful because there are also many homeowners that having been evicted may be suing the bank and trying to get their home back... not the money the home. Remember that many evicted wrongfully have homes that have sentimental value. This promises to be another mess coming down the pike for those that buy without checking title or ignoring problems with title.


According to this Prisonplane Blog :

"About 18.9 million homes in the U.S. stood empty during the second quarter as surging foreclosures helped push ownership to the lowest level in a decade.

The number of vacant properties, including foreclosures, residences for sale and vacation homes, rose from 18.6 million in the year-earlier quarter, the U.S. Census Bureau said in a report today. The ownership rate, meaning households that own their own residence, was 66.9 percent, the lowest since 1999."

If you have read my previous blogposts; you will see that I think fraud has much to do with this foreclosure crisis, housing market crisis, or as some term it, blight on our local communities. Whatever the name for it, there are solutions for your situation. People need to stand up and fight for their homes and for reforms in banking and government.

Evictions on Father's Day? Foreclosures newest low

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Today, we feel fortunate! We are still in our home of almost 10 years and can celebrate one more Father's Day in our home. I wonder about other's as we were served our summons on Memorial Day.

A DAY OFF FROM WORRY????

My mind as I wake up has a fleeting moment of wonder: "Are there Father's out there receiving a knock on the door by the Sheriff's Deputy?" Do eviction notices, forcible detainer summons and other unpleasant things get served on Father's DAY??? I spend a few minutes pondering and the imaginative results of that question are so unpleasant, I jump out of bed to distract myself by making coffee. Unfortunately the thought haunts me, so I decide on FATHER'S DAY to craft a blogpost about it.

I hope not. If it is were summons to pay back child support that would be fitting but to be evicted from your home, or summoned to court in a forcible detainer action (eviction NOTICE) would be ultimately inhumane in my opinion and there must be humaneness somewhere.

For us we are spending most of day learning about how to fight foreclosure with friends, learning laws and procedures from JurisDictionary and updating our documentations notebook.

Happy Father's Day to my Dads and to my Honey!

We are celebrating this morning with coffee and phone calls to our family and then tomorrow, when all the kids are off work, we are having our get together. I rue the day that I ever wished retail and restaurants to be open on Sunday. ")

Do you have experience in forcible evictions on holidays? What do you think? Let me know via a comment - maybe you can help others. I have read that the banks stopped many foreclosure proceedings over the Christmas and NewYear's Holidays in 2009. But having had our SUMMONS served on Memorial Day, my mind wanders to today - Father's Day. WE are safe from the door knock becauase we are not being summoned and writs are issued Monday through Friday.

*** link to Juris Dictionary is referral link and benefits by a commission those fighting foreclosures