Wrongful Foreclosure Module 2

Gathering Evidence (CSI)

Today, we’re going to just gather the information that we need to start our “crime scene investigation”.

Please review 001-Things to Gather.doc if you haven’t done so.  You will want to look at your original closing documents package (if you still have them).  If not, you will want to go down to the County Recorder’s office and gather all the information in 001-Things to Gather.doc as well as the following:

– Notice of Default

– Notice of Substitution of Trustee (for non-Judicial State)

– Notice of Assignment of Deed of Trust (or Mortgage)

– Notice of Trustee Sale (for non-Judicial State)

– Judgment of Foreclosure (Judicial State)

Of particular importance is that when you go down to the County recorder’s office, you want to see if there has been any evidence of perfected chain of assignment of the Deed of Trust/Mortgage from the original lender all the way to the party that foreclosed on your house.

If there was no assignment, then you will want to have the County Recorder sign an affidavit 001-County Affidavit.doc, declaring that he/she see no assignment of the Deed of Trust/Mortgage from the original lender to any other party.

Your Securitization Audit.

A securitization audit is a piece of very condemning evidence against your lender.  It is essentially that “photo of the guy holding a gun at the bank”.

If we can prove that the loan has been securitized, then the bank was not the real party of interest when they foreclosed on your house.

If the loan has been securitized and there was no matching assignment at the County recorder’s office, then we can prove a) Bifurcation happened b) State law has been violated c) The Deed of Trust/mortgage was defective at the time of the foreclosure.

We HIGHLY RECOMMEND that you get a securitization audit before submitting your civil action.  Without sufficient evidence, your case is subject to dismissal.  Remember, the Plaintiff (you) have the burden of proof in a civil litigation case.

Please note, while we strive to make prices AS AFFORDABLE as possible for our members, our cost for a wrongful foreclosure is SIGNIFICANTLY higher for a wrongful foreclosure MSI Securitization report than a regular pre-foreclosure audit.  Reason being, our auditors has to scourge multiple SEC databases to find the exact REMIC which the loan was securitized in.  This takes LOTS of work.  Seriously, we tried to do this ourselves and gave up because the vast amount of work involved…that’s why we went to the experts.

Here is a sample of what a Securitization Audit looks like.

Price $995

TO BUY MSI AUDIT AT MEMBER PRICE:

We will need the following scanned and emailed:

– Your Original Deed of Trust/Mortgage
– Your Promissory Note
– Notice of Default
– Notice of Substitution of Trustee (For Non-Judicial States)
– Notice of Trustee Sale (For Non-Judicial States)
– Judicial Foreclosure Civil Action Notice (If you have a Mortgage)
– Your Latest Statement
– Any letters/communications from your lender (as a result of our first two letters)

Send files to:

info@consumerdefenseprograms.com
We will discuss with you what is needed to proceed with your audit once you have submitted all of the above. Obviously, we can not proceed until you have provided us with all of the above documents.

Look, I know times are tough. Coming up with $995 is hard to do. But having a securitization audit is one of the best chances you have to prevailing to expose the fraud.

What to Do

OK, so now that you’ve gathered all these documents…now what?

If you haven’t done so, please watch the video on Module 1 that talks about legal arguments for foreclosure defense. Specifically, you want to spot where we mentioned the Perfection of Chain of Title…both for the Deed of Trust/Mortgage as well as the promissory note.

Our exercise down at the County court house is designed to prove that proper chain of title for the Deed of Trust/Mortgage was not done. You are to gather evidence and point out how this is the case. ie. Having the county recorder testify that there was no assignment from the original lender….or no assignment into the REMIC even though we have evidence (through our securitization audit) that they did. This is evidence of broken chain of title…leading to the argument that the Deed of Trust/Mortgage is defective.

Optional Step

You should hire a paralegal (or retain our document preparation service) to research your local laws regarding the requirement to record documents at the county court house. With this, you now have a specific law you can refer to to show that the lender broke the law…thus violating the terms of the Deed of Trust/Mortgage, thus making the Deed of Trust/Mortgage invalid.

If you need help doing legal research or preparing your documents, we have a document preparation and research service. For just $75 per hour, you get a US Trained attorney to research the law and prepare your pleadings for you. You can read more about this service below.

We also need to show that the promissory note has to have perfected chain of title up to the moment of the Notice of Default. How do we prove this?

Because we have (or will have) a securitization audit, we can prove that the note has been assigned into a REMIC. We can therefore bring this into court as evidence that the note was sold into a REMIC and therefore, the “lender” at the time could not have been the real and beneficial party of interest. Since we now have some evidence that they were at fault…it is the bank’s job to now prove that they were really the true and beneficiary party of interest at the time of the foreclosure.

This is why we need this securitization audit. It is so powerful.

Tired of Fighting Your Own Attorney For Your Legal Defense?

Look, it is hard enough fighting the bank, but when it comes to getting real legal help, you don’t have time (or money) to spare to fight your own attorney who “poo poo” your arguments, telling you “this stuff never works.”

To make matters worst, these attorneys want to charge you $2000 up front just to LOOK AT YOUR ARGUMENTS. This is something I’ve personally witnessed myself. I’ve been trying to find a good attorney I can refer our people to besides prepaid legal…until now, it’s been a futile search.

The other problem with these attorneys is….they charge you between $250 to $450 an hour for this..and they expect you to put up a $5000 to $10,000 retainer to get started. I don’t know about you, but if I am in foreclosure, I obviously don’t have that sort of money to throw around. Besides, in a recent study, most attorneys fluff their hours and charge you their $250/hr fees for something they pay a paralegal to do. It’s just so scary. Their incentive is to spend all your money up.

We recently hooked up with a law firm who not only understands foreclosure defense, but can do it affordably. Not only that, they can work with you on a payment plan!

I’ve personally talked to these guys, and I am giving them my personal endorsement. These guys are attorneys with heart. They care! And that is very rare.

For more information about retaining this firm, click here. Be sure to mention to them that you are a member of Consumer Defense Programs so that you receive a special member discount price.

Disclaimer:

This is purely for educational purpose. Nothing on this site can be construed as giving legal advice. You are using this information at your own risk. You are to seek legal counsel in these matters.