The SUPREME COURT OF New York ruled Wachovia Bank has NO Standing Nor Right to Foreclose, did not Provide Note nor Debt to the judge! He dismissed it with prejudice!
SUPREME COURT – STATE OF NEW YORK
TRIAL TERM. PART 17 NASSAU COUNTY
Index No. 23255/09
TRIAL TERM. PART 17 NASSAU COUNTY
Index No. 23255/09
PRESENT:
Honorable Karen V Murphy
Justice of the Supreme Court
Honorable Karen V Murphy
Justice of the Supreme Court
WACHOVIA BANK, NATIONAL ASSOCIATION
3476 Stateview Boulevard
Ft. Mil, SC 29715
3476 Stateview Boulevard
Ft. Mil, SC 29715
-against-
ANGEL VARGAS, MORTGAGE ELECTRONIC
REGISTRATION SYSTEMS INC. AS NOMINEE
FOR CONTINENTAL MORTGAGE BANKERS,
INC. D/B/A FINANCIAL EQUITIES, ET AL.,
REGISTRATION SYSTEMS INC. AS NOMINEE
FOR CONTINENTAL MORTGAGE BANKERS,
INC. D/B/A FINANCIAL EQUITIES, ET AL.,
EXCERPT:
Plaintiff has not provided a copy of an alleged servicing agreement between Plaintiff and Wells Fargo Bank, N.A. A vice president of Wells Fargo Bank, N.A. has provided what purports to be an affidavit of facts, however it is not clear that they are authorized to do so.
Plaintiff has not provided a copy of an alleged servicing agreement between Plaintiff and Wells Fargo Bank, N.A. A vice president of Wells Fargo Bank, N.A. has provided what purports to be an affidavit of facts, however it is not clear that they are authorized to do so.
Additionally the subject mortgage was allegedly modified by Defendant Vargas and yet another entity known as Americas Servicing Company (“Wells Fargo Bank, N.A. doing business as America’s Servicing Company).
The Plaintiff herein lacks standing to bring this action. The purported assignment assigned the mortgage but makes no mention of the debt or note. (Kluge v. Fugazy, 145 2d 537, 536 N. 2d 92 (2d Dept., 1988); U.S. Bank, N.A. v. Collymore 68 A.D.3d 752, 890 N. 2d 578 [2d Dept., 2009]).
Watch some judges getting shots by some lone gunman!
ReplyDeleteSo I am Alice in wonderland. The little Guys, (us) winning against the big guys! No, ain't gonna happen. I don't think so. We, (the little guys), are being set up and will be crashed and burned when our controllers change the laws retroactively. Then we will have a real choice: submit, or REBEL!
ReplyDeleteSherrie-
ReplyDeleteThe law is currently -very slippery- regardless where we look. Most people would never get to the appeals court for want of $$$$ to pay their lawyer -to play that inane game.
I'm afraid the only solution is to get rid of all these judges, all of them, permanently, with due process of law of course, but something more along the lines of Guantanamo than what they might expect.
I'm sure this is just a vile judicial publicity stunt -you are reporting on. It reads like a Robin Hood story.
Judges in this country are SURE they are above the law. Our judges -are our American warlords.
A noose is the only thing that will resolve the pestilence of the American judicial system.
Don Robertson, Co-Chair
Moral Revolutionary Party
Dear Sherrie, this is good news for sure, and I hope many honest judges all over the US will take this as an example. But you may not be aware of the following strange fact about the naming of courts in New York State: The lowest-level courts in the system (trial courts) are called Supreme Courts. The highest court in the state is not called the New York Supreme Court. It's called (if I remember correctly) the New York State Court of Appeals.
ReplyDeleteI was not aware of that, but if so, it is still a court that says no rights! Why would a regular court call themselves Supreme if they are not.
ReplyDeleteThanks for the info.
Right on SherrieTN! This is posted over on WRH. Are you coming back to the WB forum??
ReplyDeleteAmanduh
If a case is dismissed with prejudice, it means that the decision cannot be appealed. Sounds too good to be true, though.
ReplyDeleteno, the case can be appealed.
ReplyDeletewith prejudice means that it cannot be brought again.
if the appeal fails, it ends. they will likely appeal.
Why you guys make such a big deal over this??
ReplyDeleteIts easy to win, easy as hell. You just have to take care of yourself. You can scream fraud all ya want but unless you have big bucks you have little chance, and maybe not even then.
Dont yell fraud at all.
Step one is a letter in form of a UCC-1 commercial presentment to the lender demanding they show all accounting and assignments as per RESPA and verify the debt as per The FDCPA. They cant as they will admit fraud, even if they can find the docs.
Let 40 days go by, and remind them by commercial presentment that they are now in dishonor, and have 10 more days to respond.
Then write a simple 2 sentence petition to your local circuit court to "provide evidence of claim else quit claim".
Sentence 1 is you tried (and submit your correspondence as evidence) and the lender wont respond.
Sentence 2 asserts there is no claim.
Result is a default quit claim.
Have this doc recorded at your local courthouse recorder before the judges ink is dry and you are free and clear if the lender is engaged in hanky panky. The claim by your lender is now quit, its over, done, finit. Any honest trustee will reconvey on a judicial quit claim, and title insurance is easy, Ive never seen it turned down.
Its really that simple in a non judicial foreclosure state. Ive personally rescued dozens of properties for me and mine.
Either your lender is legit, and this is very rare, or not. They either respond in substance, legit, or they will not as it is an admission of fraud. It either honest or not. The reply to the first letter reveals all.
One friggin letter. Why make a big deal of it, yell, scream, angst, drama? Oh me oh my they are crooks!! Waaaaaaa!!
Just kick em in the nuts and move on, free and clear. Deal with it, their crime did you a huge favor.
Why not just deal with it? Its simple, inexpensive, no attorney needed. Just simple knowledge and an ability to handle ones own affairs.
I just cant understand the angst. Deal with the idiots. If they commited fraud chances are very high they have already been paid for the loan via the bailouts. Sometimes several times over, and the money was created out of thin air to begin with, so there is no need for angst.
2 simple certified letters, one simple pro se petition. In my state about $180 for all the fees.
It just dosnt get any more simple than this, and if you cant follow this you dont deserve to have a roof over your head as you are as dumb as livestock.
Those that have basic abilities will be fine, most of you wont. There is nothing anyone can do about it except yourself, your choice. Moan and groan and become homeless, or not.
Your choice. Its really that simple. They did what they did, they are what they are.
Kick them in the balls and thank them for their idiocy and your lack of a mortgage, or live under a bridge. Jeez, Americans are sure appearing a bunch of pansy asses.
Maybe its best to just let you starve...
Disgusted, do you wonder why??
Within legal civil procedure, prejudice is a loss or injury, and refers specifically to a formal determination against a claimed legal right or cause of action. [1] Thus, in a civil case, dismissal without prejudice is a dismissal that allows for re-filing of the case in the future. The present action is dismissed but the possibility remains open that the plaintiff may file another suit on the same claim. The inverse phrase is dismissal with prejudice, in which the plaintiff is barred from filing another case on the same claim. Dismissal with prejudice is a final judgment and the case becomes res judicata on the claims that were or could have been brought in it; dismissal without prejudice is not.
ReplyDeleteNice one, Anonymous at http://sherriequestioningall.blogspot.com/2010/10/ruling-by-law-supreme-court-judge-in.html?showComment=1287555212786#c9186876977428714175 - valuable, actionable info for anyone with a house and 200 bucks to save their lives with.
ReplyDeleteSnag is, Americans have been slowly sent to sleep over the last 70 years - takes a while for them to break out of 'Bernays' mode - it seems it'll take them even longer to start acting as individuals again. judging by the supine lack of reaction to being robbed wholesale...
Man, these psychopathic banksters must be laughing their heads off!
THANK YOU to Anonymous who outlines the steps to get your quit claim title. A question for you: this would officially clear the title, but does it officially end the note? Without being on the title they can't foreclose on you, but aren't you still required to pay the debt (to someone)? It's not clear to me what happens to the note in this scenario. Thanks for clarification.
ReplyDeleteThe note is officially ended if you count your local judge as an official. Most consider that the bottom line. The lender has quit their claim. Over, done, or so says the judge.
ReplyDeleteI will explain in depth tonite, work beckons at this moment. Check back.
Thanks Anonymous. You wrote "Its really that simple in a non judicial foreclosure state. Ive personally rescued dozens of properties for me and mine." Can you please indicate in what state this has successfully worked for you?
ReplyDeleteI also have a question for ANONONYMOUS. Would this simple method only apply for homeowners in danger of foreclosure or can this tactic be used after a foreclosure auction has already occurred? I am in Virginia and soon to be evicted after my home was auctioned in late July. Or is it simply to late to reverse the foreclosure auction at this point?
ReplyDeleteOK kiddies, first some general stuff, then I will try with specifics. I aint no attorn-ey, look up attorn if you dont know and understand Mr Robertson has the cure for this. I am a holder of Sargons gold, thru the StClair/SinClair line with the / between saint and sin made on Friday the 13th October 1307, a day that truly forever lives in infamy. If you dont understand remember Google Is Your Friend (GIYF).
ReplyDeleteOK, you fine fools wanted a house, so badly that you made a mortgage (death pledge - GIYF).
Lets break down this bit of commerce, based on the law of Commerce which was first codified (put into code) in Babylon by Hammurabbi. Today the Code of Hammarabbi is known as the Uniform Commercial Code, or UCC. This is the REAL law, all else is color of law, and you are barred by a literal bar association from participating unless you join the bar. Use the real law, contact law, commerce law, the UCC or pay some letch to attorn you and good luck with that.
OK, some one owned the house before you did, and this fact was recorded at the local courthouse. You and the owner made a deal, a deal that in effect states that for a certain amount of green papers, or sheep, or blowjobs the previous owner would give you title. OK, but you didnt have the green papers so you went to a bank and asked for the green papers, they agreed, provided you pay back more green papers than they gave you, over time, with specifics, and if you fail they take the house.
This deal is the mortgage, the note. The deal you made with the former owner is the deed, the title. 2 seperate entities. Deed, title, belongs to you, mortgage, or note is a claim against the property.
The first real important point to make note of is hard to get your head around, but you must to understand what follows. The bank gave you a check, representing green papers, and these papers were given to the previous owner for the deed, the title. But there is a huge factoid here, a 300 pound homosexual gorilla sitting on your face, and that is where did the bank get the check from? The answer is not from green papers in the vault, but they made it up. Yup, right out of thin air. You created a thing of value when you signed your death pledge, your mortgage, your promisary note to pay green papers. The bank created them from nothing, yet pay the green papers or they take the house. Get your flouridated head around this. The bank gets something for nothing. You made a death pledge. Great fun, if you are a banker.
OK, lets talk about the trustee. You assigned one. Yea, I know the bank did, but in reality he works for you, but you dont even know. This is a very old concept. Lets flash back to the middle ages when the land was all owned by the lords. Transportation was slow, by getting dragged by an animal. The lord was often away, at court blowing the king, at war, raping serfs for sport, whatever. But who is going to watch the land? Well, it became custom for the lord to appoint a trustee, a trusted person, to take care of business, buy and sell parts of the estate, whatever needed done in the lords best interest. It works exactly the same today, but the bank rigged the game, appointed someone they trust as you were too friggin stupid to know any better. Really.
ReplyDeleteNow you are in default, and the contact, the UCC document, the real law, says you pay up or lose the house. You dont pay. You dont tell the trustee not to transfer the title to the bank, you do nothing. What else can the trustee do, as he is a trusted friend of the bank and you have given him no instruction, no choice. Well, he gives title to who the bank tells him to, afterall, the bank shows him evidence you are in arrears.
All can be reversed easily if done before this event, the trustee reconveying or reassigning the title. So yes, Bobo, you might still have time. Tell your trustee, who is probably now a foreclosure mill employee, that he is in bed with someone with VD. Tell him clear and specific NO. Tell him why. You are still in the game til the trustee records the title transfer at the courtgouse.
Type a letter.
Dear Fuckface (whoever is threatening foreclosure)
There is this law called the Fair Debt Collection Practices Act (GIYF) that says you must verify my debt. I want all the accounting, every bit of it since I signed the friggin paper, and cough it up or Im gonna bite your ass.
There is another law called the Real Estate Settlement Practices Act (GIYF)
which also says I am entitled to a "qualified response" (GIYF)
and you better tell me where my original note is, I want to see it myself. I also demand every fucking detail on this transaction, who you fucking sold it to, who they sold it to, who they sold it to, and every fucking charge in between.
If you dont respond in 40 days Im gonna exercise
my rights under UCC-1 and fuck you in the ass and hope you dont like it.
Fuck you very much...
Now go do your homework, understand what Im telling you, understand the mechanics of these laws, and draft your own damned letter. Send it certified, certified, certified, with signature return. You may need to prove they got it. Send a copy to the trustee, just first class mail, just a copy. You should address him seperately, tell him exactly why you think he should not reconvey. Your points arent too
strong yet, you dont have proof yet, but let him know he is in bed with folks with VD and your cure will be to cut his prick off if he gets it wrong.
You gotta give them 40 days. Its gonna take at least 80 for you to build your case airtight.
Do you have 80 days? How do I know, but until the deed is reconveyed you are still in the game, and even if some fool bought the house thru auction its not a done deal until it is recorded at the courthouse.
This is but step one. If you can get your head around this step and follow thru you will prevail, the rest is probably easier. If not better get a good slepping bag as the nappy haired president, congress, the courts, the bum next door, Jesus, and your dog aint gonna save you. You are gonna save you, or not...
ReplyDeleteIm exhausted, long story, I will be back, this thread, maybe in the morning at leiure, maybe only tired at nite, wont know til 6AM. Im gonna scroll up and see what is begging for answers..
Can be used any point in the process til the axe falls via trustee deed reconveyance. Is Virginia a non judicial or judicial foreclosure state? Answer this, do your homework, my time is limited and my patience is nil. Me, I would write the letter to the lender ASAP, and give the trustee a copy. Its not over til the reconveyance, and hopefully your research into the draft letter results in a letter strong enough to make him drag his feet. I know I would if I got a nasty letter from my client that I was about to defraud.. Seriously, look at the hints I gave you GIYF, you will find all sorts of quality sample letters. Learn Forrest learn, write Forrest write..
Oregon, 3 counties. Good water, good land, desireable fallout patterns, dumb assed people.
More on the idea of killing the note dead tomorrow. Yes, you can kill it forever, but they can always sue. Very unlikely though..
Lots more to come if there is interest, you just got a titch of background, and research assignments. Do your homework, write your letters, or be under the dictate of assholes like me for the rest of you lives. Its about time to be called "lord".
UCC-1 commercial presentment
RESPA "qualified response"
FDCPA "verification"
Its gonna get worse. You are gonna be flogged til you rebel and destroy everything, then you get a new system. But one thing at a time. Those that own land will always be over those that dont, will always have an advantage, same as it ever was..
I can and will show you all. Its gonna take some time as you gotta learn it, then do it, and most of you are not learning animals..
Do your homework, write a nice letter, or not. Scrawl it on the back of a nasty McDonalds wrapper for all I care. Its your life, not mine.
Next we will expand on background, and give the logic trains some development. Its gonna take a while to fully flesh this out. Its easy if you look at it right, but you have been trained your whole life to look at it wrong. Really.
Save yourself or we will truly own you..
Hey, there was supposed to be a post between tbhe previous two. Either the system ate ot or the blog owner censored it.
ReplyDeleteAnyways, you now need to write a letter, it goes like this:
Dear Asshole lender:
There is a law called the Fair Debt Collection Practices act (GIYF)which states you must upon request verify all accounting of this debt or cease collection. This is a request, and I want every friggin detail since signing.
There is another law known as the Real Estate Settlement Practices Act (GIYF) which states that upon a "qualified request" you are required to give me all accounting info, all assignments, who you sold it to, who that dimwit sold it to, to which dilrod he sold it to, all the way to you. I also wish to see the actual original document, which you must have to expect my payment. I expect to have all this within the time alloted by law, 40 days and 40 nights, which is all the time it takes to destroy your world.
If you dont comply rest assured that Im gonna excercise my UCC-1 (GIYF) rights and fuck you in the ass and hope you dont like it.
Die asshole..
Take this draft and do some research. Write your own letter. Own it, understand it, mean it. (GIYF) Send this letter certified, signature return to prove that they got it and when.
Take a copy and send it to your trustee, who the bank probably reassigned to a foreclosure mill. Fist class mail is fine. You should send him a cover letter letting him know he is in bed with folks that have VD and your cure will be to cut his dick off if he dares reconvey. This letter is just courtesy and notice at this point as you havnt the proof you need to force your demand, but the right letter gives him heads up.
Write the damn letter, do it now, or squeal like a little bitch, its your choice. Their crimes will allow you to destroy their claim utterly and simply, but you must do the research, the work.
Its easy..
OK, no questions yet. If there is interest I will show you how, if not Im off to find intelligent life elsewere.
ReplyDeleteWhat we are doing is using the law to demand that they provide all the evidence of their fraud, which of course they arent gonna give, and then using their silence as evidence that no valid claim exists. A judge has no choice in a civil matter if one party dosnt show, the other wins by default. This puts the bank in the position of admitting fraud, or letting you go. Its worked 8 times for me, and I have about 2 dozen more in the pipe.
Now for the bad news, and I hope you can get your head around it, see truth when you see it.
It may not matter at all..
The system is gonna fail, the smart are looting it like there is no tommorrow, and for the economic system there is no tommorrow.
Already over 80% of real estate title is clouded, and the game is simple, get everything you can before it crashes, and it is all to crash, the dollar, the banks, the government.
The ludicrous will become outrageous, in fact it already has, but the flouridation was unexpectedly effective. You are still comatose. The measures will ratchet up to the needed degree, perhaps to MSM coverage of Obama ass raping the Pope, if thats not enough maybe have congress impale a baby, set it on fire and chant Satanic verses naked. Yea, Im making this up but point is whatever it takes will be done. Its all coming down..
It will be done, and by you, as you have the actual power. You will revolt, you will riot, you will kill and destroy in a fearful rage.
They will kick back with some popcorn and all your stuff and be entertained. When it has ran its course and only the strong and reasonably intelligent remain then a new system will be offered, a new money. Same deal as before.
The world dictates this, its either America goes or the entire species goes, but I dont even expect you to understand this in any way. I can explain, but you hbave to learn how things really work. Sargons gold. (GIYF)
Now the hundred dollar question is who will own the land?? I dunno, but seeing it is so friggin simple to get free and clear title if they defrauded you I have all my American land recorded, and keep copies abroad.
In the end in will probably be moot, as the plan involves that America gets no new currency unless they pledge American land; its far more likely that all land will be ceded from the start to the new government, who will pledge it as collateral to the world at large in order to engage in any commerce. You will merely rent as subject serfs.
Its all so much deeper than you know, but try and understand this was done on purpose, and think carefully how you fit into the plan and act accordingly.
Thanks, Anonymous, for the continued postings, it is very much appreciated. I already have the "show me the debt" letter sent (certified, return receipt.) I assume it will go like this.
ReplyDelete40 days later - no response. I write second request letter - no response or vague response showing note with incomplete chain of title.
Then what? I know I then have to force the issue via the local court system, but I'm not clear on the exact steps. Motion to compel? Motion to quiet title? Pro se or through a lawyer? Thanks for any details on what exactly to do after weak or non-response by the mortgage servicer.
-Colorado Kid
Please, please continue. Highly insterested! I've known and learned about the serfs that we are, and continue to learn, for over 10 years. Yet have not been able to figure out how to attack back in a legal and righteous way. Your knowledge, and sharing, is greatly appreciated. So far I have understood everything you have said.
ReplyDeleteSo, please continue to help.
As an aside, do you also know how to legally reclaim allodial title for one's own property? I am tired of feudal ownership.
Also, I'm in Maryland...a Judicial state.
ReplyDeleteso I take it you are doing this with properties that are not already in foreclosure? You may have a performing loan, and you are using this method to determine if there was fraud in the origination process or in the subsequent sale of the note and assignment of the security interest? And if there was fraud (evidenced by lack of response to your letter), you proceed with the quit claim? Do I have this right?? So you are essentially using their own fraud against them to get clear title to real property??? Nice! As for the other stuff at the end, that gave me the creeps. You think its best to get out of the US? If so when?
ReplyDeleteAnonymous, what if the lender responds with an affidavit of "sorry, we looked hard but we can't find the note." Will judges accept that? What to do in that scenario?
ReplyDeleteI am not facing foreclosure, but I would like to use this process to nullify the note and clear title. (Please keep coming back here, comments are sometimes slow to appear).
yes, sorry about that, I moderate them, due to some liking to leave, not very nice messages. I was gone today with urgent family medical matters.
ReplyDeleteI try to be very good about getting the messages up, today they were delayed.
thanks for the website Sherrie, and thanks for filtering out spam/off-topic comments!
ReplyDeleteMy Pleasure - Everyone Needs to Get all the info they can and spread it to everyone with a MERS mortgage! We CAN WIN!
ReplyDeleteOK, this anonymous thing is getting to me. Call me Son of Sargon.
ReplyDeleteColorado kid: Petition to demand evidence of claim, else quit claim.
You should be able to find some examples on the net. I will post one of mine ASAP if you have problems. Do it yourself if you are comfortable with it, just make sure its honest and you have evidence to support every claim you make against the lender. Petition, not motion. For NO value, as that is your position.
I wouldnt bother with fraud, violation of RESPA or FDCPA, strict KISS principle. Only state the efforts that you have made, state that clearly defendant hasnt provided the docs to support his claim, attach the evidence. You are asking for them to provide the docs or quit the claim. One page, mine is three short paragraphs. KISS.
When they dont provide them which seems to be always when MERSed you get default judgement, default quit claim. Know what to do with that??
Feudal/allodial title. As far as I am aware it is impossible on this continent. Love to hear Im wrong...
Where in the process? When you are current, when you are in default, when you are in foreclosure, after auction, dont matter. The game is over when the trustee reconveys the deed, which is after the foreclosure sale. This process takes about 90 days, but as long as your quit claim is recorded first you are good. The moratorium is very good news here for those advanced in the foreclosure process, use the time wisely.. You have it right. When to leave? Good question, but I have land abroad, several travel passes, gold for bribes, and well prepared in advance elsewhere. Im still here, and will stay until there is blood in the streets and may stay longer. Its personal risk assesment I guess. Its a crisis. I look at a crisis in literal Chinese. Their squigle for crisis has 2 dominant strokes, one signifying problem, negativity, the other dominant stroke signifies opportunity. There are opportunities here, despite the negativity, which will become extreme. This is a good thing for many, and not just bankers and their ilk.
Learn, prosper. Same as it ever was..
Lost docs? Good question. My personal stuff was all current when I started and I didnt have this problem. Wachovia played this on a buddies. We prevailed, ie the judge didnt buy it, but we were worried and did what we could to audit the loan on this one and dug up some damning stuff. You might have to work a bit harder than the 2 letters and 1 petition I have outlined in the case of the lost doc affi. Ive seen the missing doc affi fly for the lender in many a wrongful foreclosure lawsuit in many jurisdictions. I write a simple petition, dont mention fraud, just note there is no evidence of claim, and ask either for evidence to be submitted or else quit. KISS. I suppose alot depends on the judge and his integrity. All I can tell you is that we prevailed, but we had presented evidence of forged notarizations that are common, but not comprehensive. I plan to post on this at length later.
Yes, I am a very fucked up individual. You would be if you knew what I do. You see, I have the blood, the education, but have never walked on the backs of the poor, prefering honest trade, honest business, so I am largely outcast from my fellows. I have the haughtiness, the arrogance, and have since a young age. Most of you cant imagine the education, the life I had. So I am profane, superior, impatient, entitled, and like to let you know your place as I have been, as you, indoctrinated since birth.
I say fuck too fucking often, so its no wonder I got censored for a bit with the "Dear Fuckface" letter. We always say it how it is among ourselves, and our lawyers can usually kick the shit out of yours, so we usually get away with our shit. I am as I am, as are you.
Im just tired of Sargons game, wont change til you know the rules, and maybe some of you have a bare inkling, but most are clueless. Its an ancient game, and its outcome may for the first time not be inevitable. Its all up to you..
Anonymous - Great postings, saved them all.
ReplyDeleteNow for my questions:
1. Is the process different on a Judicial State? If so how?
2. Been googling for hours, cannot find any sample letters - any ideas where to find some?
3. I have a neighbor facing foreclosure, she wants to sell me the property (where I am living) for $100 (Quit claim deed) and leave the state to her son's.
Once I have a quit claim deed from her, can I force the bank to show their fraud and since they wont, kick their ass in court even if the loan | note was not originally mine?
I figured that fraud is fraud and since the mortgage and deed are two completely different transactions she has all the right in the world to Quit claim to me and then I would have to deal with courts, banks etc
4. Will this work on a Judicial State? or is the research/letters different?
If you would like to inform me more, my email is blubblysocial at gmail.com - I am EAGER to kick the oppressor's ass!!!
Judicial Foreclosures
ReplyDeleteJudicial foreclosures are processed through the courts, beginning with the lender filing a complaint and recording a notice of Lis Pendens. The complaint will state what the debt is, and why the default should allow the lender to foreclose and take the property given as security for the loan. The homeowner will be served notice of the complaint, either by mailing, direct service, or publication of the notice, and will have the opportunity to be heard before the court. If the court finds the debt valid, and in default, it will issue a judgment for the total amount owed, including the costs of the foreclosure process. After the judgment has been entered, a writ will be issued by the court authorizing a sheriff's sale. The sheriff's sale is an auction, open to anyone, and is held in a public place, which can range from in front of the courthouse steps, to in front of the property being auctioned. Sheriff's sales will require either cash to be paid at the time of sale, or a substantial deposit, with the balance paid from later that same day up to 30 days after the sale. Check your local procedures carefully. At the end of the auction, the highest bidder will be the owner of the property, subject to the court's confirmation of the sale. After the court has confirmed the sale, a sheriff's deed will be prepared and delivered to the highest bidder, when that deed is recorded, the highest bidder is the owner of the property.
Non-Judicial Foreclosures
Non-judicial foreclosures are processed without court intervention, with the requirements for the foreclosure established by state statutes. When a loan default occurs, the homeowner will be mailed a default letter, and in many states, a Notice of Default will be recorded at approximately the same time. If the homeowner does not cure the default, a Notice of Sale will be mailed to the homeowner, posted in public places, recorded at the county recorder's office, and published in area legal publications. After the legally required time period has expired, a public auction will be held, with the highest bidder becoming the owner of the property, subject to their receipt and recordation of the deed. Auctions of non-judicial foreclosures will generally require cash, or cash equivalent either at the sale, or very shortly thereafter.
It is important to note that each non-judicial foreclosure state has different procedures. Some do not require a Notice of Default, but start with a Notice of Sale. Others require only the publication of the Notice of Sale to announce the sale, with no direct owner notification required. You need to know the specific procedure for your state.
SOS, keep up the great posts. I am waiting for first letter response now. How long should I wait on each letter before starting the petition? I hope they don't claim they lost the note.
ReplyDelete-Colorado Kid
Son of Sargon...or others who already have...
ReplyDeleteWould you mind, please, to post a sample commercial presentment letter and others? Though I understand the concept, I am failing to wrap my head around on exactly how to form the letters and the court petition letter.
Any help is super appreciated!
Son of Sargon, I am sure I speak for many reader's , who do not post comment's , thank you for posting your knowledge of the subject matter. I hope you continue and post some exaples. Phil L.
ReplyDeleteI had a feeling about those guys...
ReplyDeleteI once went into walkovayou to cash a $100 international check drawn on their bank. The men in the bank were a bunch of brutes and looked like real mobsters and the women seemed to be strippers at their day job. They said they wouldn't be able to cash it, but that it was a good check and suggested i cash it at my bank. But my bank can't cash it, i take it back to walk ovah you who says they will cash it after i open an acct there. Once i opened the acct they got on the phone and later told me there has been a mistake and they would not cash the check because it needed to be for over $200
How is gambling with people's money NOT fraud? Instead of going to jail when they lost, gamblers are rewarded with millions in salaries, bonuses and bailouts.its very informative, Law courses
ReplyDeleteObvious fraud tainted by so-called logical proceedings. This involves money of the people and how would that account for nothing.
ReplyDeleteI've done the QWR for both my loans (same Lender) & they basically told me they owned the note which was in safe keeping. They didn't tell me where my 3 payments were that they didn't credit me...
ReplyDeleteSince they started this game, I see that someone added my then husband as a borrower on the Mortgage that was recorded (my unsigned paperwork from closing is different than that recorded) and cut & pasted a power of attorney signature into a new place for another borrower, the then husband, to the mortgage. Plus, the Notary was not at Closing and we never did get a signed original of the documents. I waited and was very angry at the time.
What's my chances for beating this? I hired an attorney but he's not saying anything. I'm in Florida.
Now, the same Lender, is foreclosing on the 2nd because I'm behind on the 1st. They say the 2nd is in 'non monetary' foreclosure.
Any pointers would be helpful.
thanks
What state are you in? Have you contacted a lawyer regarding what the bank did? From what you wrote, it seems you have a VERY Valid case of FRAUD! You really need to consult with a lawyer.
ReplyDeleteAlso please email me at my email address sherriequestioningall at yahoo.com
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