Where is Perry Mason when you need him?

Okay... so you (like me) are out of funds and  think that lawyer fees would be reasonable.  They are reasonable if you are sucessful. BUT, the problem is that while fighting foreclosure most people are bankrupt, or have no jobs and have used up savings.   So do you have 5-10K for a retainer?  

In the old days; when I watched Perry Mason, he would accept a $1.00 bill from potential client in distress and represent him/her.  Of course he had all the time in the world and never lost a case that I remember.

Today, fast foward about 60 - 70 years later and many lawyers have been burned.  Which makes it harder to take on needy clients.  Some will work pro bono but they can't take ALL pro bono cases.  We have some great lawyers here and most are doing all they can to help, while still keeping their staff, office rent and lifestyles afloat.

There are scam groups out there that will chisel 3K from people and then charge a huge fee if they win your house and they are not lawyers just people "helping".  These groups might take upwards to 50% of your home value and then tell you to refinance and pay up!    Is it any wonder that we are in the mess we are in today.  Those groups are no different than the conglomerate banks who seem to be greedy and non helpful to their customers. Foreclosing without warning while "modifing" a loan that was a toxic loan to begin with.  but I ramble on .

You can go pro, se and represent yourself, which is very hard work and takes a learning curve.  As for me, I am Pro Se while looking for a  Perry Mason type, who could smooth talk the court.  I could answer his phones and give him $1.00. Last I read about 60% of those going through a foreclosure fight are representing themselves, mostly due to funds, but some because they do not trust lawyers to fight like the homeowner does.

Enjoy this clip of the full Perry Mason theme song.


additional reading :Pro SE, Pro WHAT?  Learn court procedure through Jurisdictionary 
MSNBC:  The home you save could be your own
Pro Se Litigation Strategy
Steps to take if you are being foreclosed on 
List of referral auditors, lawyers and experts

Foreclosure rescue schemes a costly trap for homeowners - KansasCity.com

Foreclosure rescue schemes a costly trap for homeowners - KansasCity.com:

"The GAO, the investigative arm of Congress, began its review after thousands of complaints from Americans who felt they were duped by what the GAO, the Federal Trade Commission and various state attorneys general call “foreclosure rescue schemes.”

The most common rescue schemes are perpetrated by so-called loan modification companies that require hundreds, if not thousands, of dollars in upfront fees. In Missouri, Kansas and many other states, that’s illegal, according to attorney general offices in Topeka and Jefferson City.

In exchange for the fees, the companies promise to serve as intermediaries between desperate homeowners and their mortgage companies.

If you’re behind on your mortgage or you can’t make the payments because of job losses or cutbacks in your wages, the best approach is to try working something out with your lender on your own.

Government and nonprofit agencies can help for free. The federal government last year issued specific guidelines that force lenders to ease the financial burden on people going through tough times.

Of course, not everyone knows where to go for help. (Go to www.ftc.gov or call 1-888-995-HOPE for a start.) Scammers count on that and have been taking advantage of folks in danger of losing their homes."

read entire story by clicking link above

NOTE: Please check with a lawyer if you have not received default notice. OFTEN starting a modification will TRIGGER a faster foreclosure process. Get your ducks in a row first if possible. Make sure to have any modification offer looked over by a lawyer that "GETS IT" about mortgage fraud. You do not want to sign away your rights. Not all lawyers are equal you need one that is specialist in the field of mortgage fraud. In Phoenix we have several that "get it".

Lawyer Fraud Sanctions Threat: BK judge oder

Another Arizona Beat Down From u.s. Bk Judge Eileen w. Hollow Ell! in Re Julia v. Vasquez

I had found this gem today and it did not escape my notice that Tiffany and Bosco were included!

Voided Deed of Trust: Cow and Tail - Moo!

sxc.hu

Whats does a Cow and Tail have to do with foreclosures, evictions and you?   Simple question, and the answer  is quite simple; although, getting a judge to hear it will depend on your learning how to get heard.  For that you might want to check out Jurisdictionary.  Join support groups, or  hire an attorney that knows how to defend foreclosure.  If you need recommendations check out referral page or leave a comment.

The following information should help understand why most foreclosures were wrongfully conducted and you KNOW that Banks know this information.

For now let's try to make it simple; if you want more depth, this should give you enough to either understand your attorney or start searching for more info to build your case pro se.

 A Deed of Trust and a Promissory Note are two separate instruments . They are supposed to  remain together and never be separated.  The Deed of Trust references the Promissory Note. Once separated or bifurcated  the Deed of Trust becomes dead. 

 The visual of  this concept is a cow and a tail.  You think I'm whacked?   Check it out.  This is almost as good as the story of  writing a check on a pig and presenting it in court as legal tender. 

The Court finds the following analogy provided by the late Professor Chester Smith of the University of Arizona College of Law to be particularly apt – “The note is the cow and the mortgage the tail. The cow can survive without the tail, but the tail cannot survive without the cow.” Restatement (Third) of Property, Mortgages § 5.4, Reporters’ Notes (quoting Best Fertilizers of Arizona, Inc. v. Burns, 571 P.2d 675, 676 (Ariz. Ct. App. 1977) .

or here:  

           

 STATE OF VERMONT   

finds

  

Mortgage Deed dated September 18, 2006, from Tom Perkins to Mortgage Electronic ... This is because, "[w]here a promissory note is secured by a mortgage, ... to be particularly apt - "The note is the cow and the mortgage the tail. ...

usmfiles.s3.amazonaws.com/phpkZ4SRh/foreclosure_household_perkins.pdf

Earlier this year this principle was explained  by John Stuart as a Dog and Tail - which nowadays is much more understandable to people. John Stuart has helped may people learn about the principles of law and shares knowledge at local support meetings, mock courts and even seminars. Together the pro se groups have been learning and applying legal doctrines and theories.  We are starting to see things happen in Arizona both on the pro se and on the attorney representative cases.  I recently posted of some attorney wins. 

Last night at the seminar hosted by our FAVORITE auditor JD and lawyer friends Kyle and Doug we were reminded of this principle by Doug. Doug is a lawyer who was interviewed and featured on the news.  You can see his interview in my previous blogpost:   Local News Endorses Self Defense . 

Next month we will be having a seminar on the West side of the Valley (Phoenix) so watch for upcoming details.

Please retweet this blogpost if you find it helpful in learning about government mortgage homeownership and bank loan modifications

LIST OF PEOPLE that can help please use references as it helps those referring who have taken time to vet these experts.

JD Deal: Auditor of documents, works with lawyers, conducts free seminars

nlss.auditors@gmail.com or contact alrady40@yahoo.com with request for information and free consultation appointment.

 602 312 4108

Charles Horner : Auditor for documents, excellent work based in San Diego

http://thedocexaminer.com

 (619) 475-8412

Beth K. Findsen: Lawyer foreclosure specialist. I have not used her but she is highly recommended and I have talked to her office extensively.

 480-584-6664

Cindy Cantrell: Affadavit to correspond with Document Examinations, Review of audits and foreclosure document signatures. Notary and Title Extractor examining chain of title.  cindy@showmetheloan.net 

Additional recommendations are being vetted. Feel free to make suggestions. I do not recommend unless I trust them. Some of these people are very busy so you have to allow for communication timing.

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).

CHANNEL 12: LOCAL #AZ LAWYER interviewed Foreclosure Defense and Mortgage Fruad

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Doug Rhodes, a local attorney who focuses on mortgage fraud and foreclosure defense, will be on the 10 o'clock News on Channel 12 tonight and tomorrow night. Tonight, he he will be discussing strategy if you decide to go it alone. Below is the interview he did yesterday August 30, 2010 on fighting foreclosure with a lawyer. Please read on for email contact information. If you need an examination report of loan and/or foreclosure documentation email: nlss.audits@gmail.com or contact me alrady40@yahoo.com GREAT interview DOUG!!!!

This information was sent to me by my favorite auditor. I added the video clip. If you need his services email nlss.audits@gmail.com or contact me. (commercial note: i do benefit)

Examiner for Forensic Audit of Mortgage or Foreclosure papers

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Do you need Forensic Document Examination for Mortgage or Foreclosure? Do you need a forensic audit done? Perhaps you need a second audit or examination performed to add weight to your court case? I have found someone that does a first and for less than full price will perform second examination review of other auditor exams. He will witness regarding the examination too. Don't miss out he has expedited services available.nlss.audit@gmail.com

He also will exam the recorded documents for notary and signature problems. I am so excited that I can recommend someone with some expertise. I also found an attorney that is willing to take on cases and FIGHT the fraud in you r mortgage or foreclosure. I do receive a small kickback for referrals, but you know me, I only promote the people I will deal with myself. All the people I refer to these guys will receive a FREE Consultation so there is no fear of wasting your dollars. I am having my second audit done here. If you are in Arizona you can meet face to face.

nlss.audit@gmail.com or

alrady40@yahoo.com for additional referral information

Changes in the Foreclosure Market: Are you ready

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PROFESSIONAL PREDICT FUTURE FORECLOSURES

Life just has a way of taking things and mixing them all up. Things are still crazy but the learning experience is incredible. Yesterday I talked to a forensic auditor that I had not met before. We talked a lot and shared experiences. Result is that I have a new opportunity to share information with people and learn more.

What is very apparent from each professional I speak with is that this is not coming to a halt anytime soon. I have reported previously of the millions that will be foreclosed on in next year or so. This professional said that there is an estimated 50 million foreclosures expected over the next (3) three years. Will you be next? I am looking for sources and reports on that. A few of my posts previous this one touch on the results and predictions of the foreclosure market. Do you think the financial genius Warren Buffett had it right when he talked with Obama? Leave a comment!

TRENDS

The NUMBER ONE THING that was reinforced from all I have learned both online and in local meetings, is that if you are going to fight your battles, you have to STAY ON TOP of things. Everything changes, from attitudes and methods, to strategies and effective documentation. What worked last year in legal battles may not work this year. In fact relying on "Show Me The Note" is not as useful a question as it used to be. Sending your bank a "Qualified Written Request" used to take a 1-3 months and now is taking 1 year or more if you receive it at all. I know this is not earth shattering news but it was reinforced over and over. Get support group, stay current and employ professionals whenever possible.

GET IT TOGETHER

We have seen locally as judges and lawyers change their strategies and responses to legal complaints. Banks have changed their strategies also - and as our local "gurus" say - get your stuff together NOW. Get all your documents together, record any crimes, get a forensic document examination, consider strategy and start saving your bucks to fight with help if needed. Learn your local laws. If you need templates there are free examples on our mortgage-challenge group or on Matt's Blog

With that in mind I will try to get more timelines and steps together for you. Meanwhile good-luck and if you are fighting for your home as we are, leave a comment... we would love to hear from you.

Our fight for main home! WE are going to trial

Exploring all options. it looks as if the trial we requested is our best option. It is intimidating knowing that you cannot afford a lawyer that has the experience and ability to give credence to your case. It is VERY INTIMIDATING to realize that you are going up against the largest and most powerful lawfirm in the state, dealing with mortgages, foreclosures and evictions.

Where we could get real help with the law is too expensive or not available. The lawyers that KNOW what they are doing are few and far between and cost a fortune IF they have the time available to take you. We have no doubt that if we could afford 5-10K to save our homes we could. We have found lawyers in last month than what we could find available earlier last year. Last year it seemed all the lawyers encouraged bankruptcy. Maybe we learned to search better.

If you are facing any problems with debt fraud, home mortgage foreclosure or unlawful collection practices, you may want to check out the legal referral pages at NACA.com.

Best wishes to you, and post here if you want to share your experience.