3 votes

Foreclosure Defense

Can anybody tell me if there such a thing as foreclosure defense? Is it a losing battle and these lawyers are in for the taking?

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From what I understand, the

From what I understand, the foreclosing party needs to have in their possession the original note with wet ink signature.

In addition, they need an unbroken chain of ownership/title.

Issues with either can result in complicating the process for the bank all the way to making them unable to foreclose. All depends on how the local court judges view this issues. I've read that there are judges who side with banks no matter what and others which require the banks to have every detail correct.

Best bet would be to find a local lawfirm that specializes in foreclosure defense... talk to them about these types of issues when you first meet to see if they are willing to investigate the possibility of these defenses. In my area I know of at least one law firm which does this as I know an employee of the firm.

Here are some articles you should read:

http://livinglies.wordpress.com/2012/10/23/can-a-broken-chai...

http://thebankwatch.com/2010/10/16/if-the-chain-of-title-of-...

Also do some searching on market-ticker.org for "MERS" related info as there is much interesting info there on the topic.

...

The "quiet title defense" was poineered by a DPer

www.ShowMeTheLoan.net. Unfortunately you won't get to work with him directly and I'm not sure if your scenario matches this defense.

There are charlatans seeking to get some of your money before you are destroyed so check the success rate of anybody you talk to.

There is nothing strange about having a bar of soap in your right pocket, it's just what's happening.

The best foreclosure defense

Pay your mortgage

Not necessarily, you should

Not necessarily, you should read Dave Kriegers "Clouded Titles". Hope your not one of those people who are paying a mortgage on a property they'll never be able to sell or get title insurance for.

why would any dumbass do that?

How can you get a mortgage on a property that you can't get title insurance on? getting title insurance is part of the escrow. if the title is clouded, you don't get the mortgage.

I paid cash for mine.

Title insurance covers claims

Title insurance covers claims on title prior to your encumbering by loan/ownership. If your lender clouded title (fraudulent MERS recordings/documents, spliting mortgage/note, robosigning, etc..) you will not be able to transfer clear title when you go to sell.

In the case of Bevilacqua vs Rodriguez, US Bank quit claimed a "foreclosed" property to Mr Bevilacqua who tried to quiet title only to find out that US Bank had no interest to sell the property. Beware short sales and REO's or any past transactions with MERS on it.

a quit claim

only gives the person receiving the quit claim the release of any interest that the person giving the quit claim may have. it doesn't even pretend to give a clean title or represent that the title is free of other encumbrences.

meekandmild's picture

Show me the note defense

Homeowners use 'show me the note' to fight foreclosure - USA Today

http://usatoday30.usatoday.com/money/economy/housing/2010-12...