Showing posts with label legal. Show all posts
Showing posts with label legal. Show all posts

Thursday, September 2, 2010

California rejects bill to protect homeowners from foreclosure | Credit.com

photo: sxc.hu
"According to the San Francisco Chronicle, the legislation would have prevented lenders from beginning foreclosure proceedings until after they rendered a decision about a consumer's loan modification status. The bill would have also allowed homeowners to sue if they failed to comply with the measure.

Lenders that choose to participate in the federal government's modification program are barred from initiating a foreclosure until the application has been officially decided upon. But according to the Chronicle, the government does not have an 'enforcement mechanism' to ensure compliance with this rule.

Senator Mark Leno, who authored the legislation, said he will continue to explore options to help homeowners avoid foreclosure and protect their assets."

read full article by clicking on title.

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Monday, August 30, 2010

Save your home from foreclosure listings: steps

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Don't let your home become a statistic of the bank - listed on their FORECLOSURE LISTINGS.

This is not legal advice and it is not going to save your home on its own. YOU have to do a few things to have any chance of stopping a foreclosure. Do not allow your home to be sold out from under you - start as early as you can with these steps to increase your knowledge and ability to either represent your self or talk to lawyers and other professionals. There are so many scams out there and being organized helps keep you calm and focused.


START a notebook with all your documentation. Their notices AND envelopes in clear plastic in a notebook will help keep you organized.

SCAN all documents into computer. Thanks to Darrell yesterday I picked up a great tip to organize in folder on computer by MONTH/DAY/YEAR 12/05/1997

Get Loan and Foreclosure Documents examination. (see my pages for referrals or talk to people in groups for names of trustworthy examiners and/or lawyers)

Recorded Documents: Request in person or download every document on file by the state from online. Make sure you get them all, check any co-owner records also. Take pictures of your property periodically.

Go to the courts: If you are fighting foreclosure yourself or even if you have a lawyer - go to the courts and WATCH. Sit and listen and get familiar with how things operate. Do this even if you are not set to go to court. This may be useful even if you are only negotiating with banks. Do not let your house become prey to the foreclosure lists.

READ all you can and take your vitamins, exercise and pick up your mail. Get a copy of JurisDictionary course (even if you have to buy it) and learn about court procedures. Read about how to object .

Join Groups or Start Groups that fight foreclosure and exchange information and support each other at court. Get brave, do not be ashamed. One out of SEVEN in America are in your shoes; including celebrities and millionaires and even housing authorities, you are not alone.

DOCUMENT EXAMINATION: Get Loan and Foreclosure Documents examined. (see my referral pages) OOPS said it 2x. Must be a reason. OH YES, It is that important.

Attend a Seminar if possible. Labor Day Weekend is Show Me The Loan ($275 donation) and Sept 15th is free informational seminar (same place and time as last time). Hope to see you there. This is video link to a preview of one of the speakers on Labor Day - Bill McAffrey.



Sunday, August 29, 2010

Common Trial Objections Used in the US Courtroom

ARE you confused by court and what to object to??? Practice objecting before you go to court. Make sure you know the court rules but here are common objections and how they apply.

Also download this dos game you and play it with friends to learn and practice objections: DOS OBJECTION GAME



Common Trial Objections Used in the US Courtroom: "American Government
- Trial Tactics Used by Attorneys in Court -
Common Trial Objections

COMMON TRIAL OBJECTIONS

'Objection, your Honor, the question is ambiguous.'

A question is ambiguous if:
It may be misunderstood by the witness. It is objectionable on the ground that it may take on more than one meaning.

'Objection, your Honor, the question is argumentative.'

A question is argumentative if:
It is asked for the purpose of persuading the jury or the judge, rather than to elicit information.
It calls for an argument in answer to an argument contained in the question.
It calls for no new facts, but merely asks the witness to concede to inferences drawn by the examiner from proved or assumed facts.

'Objection, your Honor, the question has been asked and">>>KEEP READING AND LEARN 10 ADDTIONAL OBJECTIONS

Monday, August 16, 2010

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

Saturday, August 7, 2010

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.

Saturday, June 19, 2010

Know the Laws to Save Your Home

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One thing in our journey that has become apparent, is that what you don't know - can indeed HURT you. at the very least lack of knowledge will slow you down. Learn the laws before you need them. Learn the laws as you need them. But whatever you do, learn the law. It will help you, even if you decided to hire a lawyer.

If you have not faced foreclosure yet you may want to start looking at TILA and RESPA, OR FDPCA laws. If you are delinquent now, or been served a notice of intent to foreclose then start looking at your state's laws and regulations.

IN our state there are laws broken in the process of foreclosure that are common. You can address these before a trustee sale. You need to start documenting everything you can. Here is the link to the AZ Legislature page which has much information including a link to the ARS aka: Arizona Revised Statutes

One MUST READ statute is the one for 33-808. Notice of trustee's sale:

You could find cause to stop the sale.





Tuesday, April 20, 2010

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.

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