Consumer Fear of Foreclosure

Overcoming Fear of Foreclosure Critical for Many People to Keep Their Homes

RISMEDIA, October 10, 2009—Foreclosure numbers continue to rise and many homeowners are at an increased risk of losing their home. While foreclosure can be prevented, many homeowners remain confused or afraid to confront their mortgage problems and take action to help save their home. “Fear often prevents many consumers from seeking help,” said Michelle Jones, senior vice president of counseling for Consumer Credit Counseling Service (CCCS) of Greater Atlanta, Inc. “Overcoming these fears can mean the difference between staying in your home and losing it.”

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  • L.Fitzgerald  On October 21, 2009 at 8:08 AM

    Thank you for your wonderful article .May I suggest one more area a fraud closure victim should verify.

    Recorded Assignments ..yes these assignments must be recorded in the Public Property Records..its where the original mortgage was recorded . There you find your mortgage , and any recorded assignments ..that prove that your mortgage loan was sold to a new owner or assignees .

    If your original loan was with ” Bank One ” and your fraud-closure party is a new owner?? ” Bank 10 ” .

    There has to be a recorded assignment in the Public Property Record showing this transaction. That ” Bank One” [ the original ] assigned the mortgage loan to ” Bank 10 ” This can be repeated many times ,and this would create a Chain of Title.
    The fraud closure party ..to legally foreclose you ..has to prove they have a recorded assignment ,that follows a chain of title…leading to them having the final assignment .
    For example .. if Bank One ..sold the loan to Bank Two ..who then sold it to Bank Three …who supposedly sold it to Bank Ten.
    The Chain of Title can not be broken. If Bank Ten claims that they are the true owner ..they must prove that they are the last owner in the Chain of Title and there has not been a break in the Chain . For example :

    Bank One..sells to Bank Two and the assignments stop there .

    Later a a ” Bank Five ” happens to sell the loan to Bank Ten . Bank Ten has to explain and prove ..what happen after Bank Two . How did Bank Five become the previous owner .? There was a break in the Chain of Title !

    Do they have proof that “Bank Five” purchase the loan from Bank Two. ? To be able to sell to Bank Ten the Title???

    Recorded Assignments are very important.. This prevents a 3rd party from finding your Mortgage Note [ your server has them sometimes ] and then claiming they are the true owners. If they don’t have a recorded Assignment to prove that the chain of Title is not broken…they can not prove that they are the true owners.

    So check your Public Property Records to verify if your mortgage loan was assigned or not . This is one more weapon you can use against the Fraudulent Bankster .

    Check your State laws and procedures to be sure this is covered by present law . In Florida its covered.

    Best of Luck ,

    L.F. I am Not a lawyer , but sometimes I can prove that I Know more than some attorneys.

  • Larry Rubinoff  On October 21, 2009 at 1:28 PM

    Yes, you are absolutely correct. Banksters need to prove Chain of Title and Assignments need to be Recorded. The Statutes in Florida are very clear on this.

    A judge in Massachussets recently reaffirmed a ruling he had made previously when he Denied two foreclosures on Wells Fargo and U.S. Bank.

    Basically he said that the law on the books since 1989 provided for Plaintiff’s in foreclosure actions to PROVE OWNERSHIP OF THE NOTE THROUGH CHAIN OF TITLE. Neither of these banks could do that for as we know, they don’t really own the notes.

    His ruling could invalidate foreclosures for the past 20 years. This judge had the “guts” to do what is right according to the law.

    There are many judges, especially here in Florida that don’t rule on the las, they rule on their feelings. THIS IS WRONG AND UNLAWFUL IN ITSELF. There is one judge I know of whose position is “if you have the original you have the right to foreclose”.

    How rediculous is that? If I have you the title to my car to hold for safekeeping, and there are no signatures on it from me conveying title to you or anyone else then does that mean you own my car? OF COURSE NOT! But that is how some judges rule.

    One other thing here in Florida. The Statures clearly state that you must have ownership of the note PRIOR to filing the foreclosure action.

    As you may know, many foreclosure mill attorney’s are having Assignments “created” after their initial filing. Again, this is fraud.

    For one thing, going back to chain of title, who did they get the assignment from? Second, as most notes were securitized and now owned by hundreds or thousands of bondholders – investors – then how can the Assignment be made from the original lender to whoever is currently Plaintiff.

    However, again, in Florida, some Judges say as long as the Assignment is done within 4 or 5 months after the filing, THEY WILL ACCEPT IT AS EVIDENCE OF OWNERSHIP.

    Our Judicial System is failing us and is acting unlawfully. This is Fraud on the Court and Fraud from the Court.

    I think I will expand on this and turn this comment to you into a post.

    Thank you for visiting and commenting. Feel free to comment more. Also, what are you doing to fight this effort? We don’t have to be lawyers to see what is wrong and work to correct it.

    You can contact me directly at lrubinoff@TheForeclosureDetonator.org

  • L.Fitzgerald  On October 21, 2009 at 4:34 PM

    Thank you for your comment Rubinoff .

    I have more stuff to share with the public.

    At this moment I am in Litigation with a Greedy Corrupt Bankster forthe last 20 months .

    If you are served with a Foreclosure summons ..you have 20 days to answer to the court ..The best person to help you is a foreclosure attorney .

    But if your broke and can’t hire one at least check the Internet ..and click ..How do I answer a Summons ..there are many sites where you can find advice and guidelines on what you can answer. Of course having a good attorney is the best advice.

    I did not have the money to hire an attorney back in Feb.’08.. So I’ve made many mistakes while I was Pro Se.
    I’ve studied foreclosure Florida Law as much as I can ,and I’ve learn a few things.

    My experiences here are not legal advice . I am just telling you what happened to me ..

    The first item on your Summons Complaint check list ..should be ..Is the Plaintiff the same lender who I sat down with and signed the loan documents with ??

    If its a different banker …that’s a huge red flag ..you have to check your Public Property Record . See if your original loan has any assignments ..its like transferring your loan to other Banks or to the current Plaintiff’s.
    If there’s no assignment ..that’s a good sign that you may have a good defense to deny that you recognize this new Banker foreclosing you as a true owner .How can they claim to be the true owners ?

    That’s just the beginning. The most important issue is answering that Summons . In the summons the “enemy” will have their claims in paragraphs numbered starting at number #1. If you do not have a lawyer or can’t afford one ..your answer should deny every claim your enemy states. I mean every paragraph…deny everything..the amount due.. .Deny Deny Deny .That will classify your answer as a contested case . This will force your Plaintiff to open his books,documents to Discovery and the burden of proof is on their back ..not yours…

    Perfect remedy.. would be to find an attorney ” who gets it”.
    ” Who gets it” is a term to separate two groups of attorneys out there.

    One group of lawyers love the banksters and will work against you. They will tell you that the end is near and that you won’t win. That your case is weak ,and you own the loan…so you are guilty anyway…I know this type of lawyer personally .

    The other group are harder to find, but are growing each day more and more. These lawyers are aware of the lying, cheating, and stealing tactics of the Banksters and will defend you 100 % .

    Remember answer your summons before 20 days . If you fail to do this.. you are giving your home away in a silver platter to the Bankster.

    Another very important tool… that you should have is to request an on line….

    [ at your “County Clerk of Courts” in your County ] …

    ……E. C. F. membership.. ” Electronic Court File” Its free . I opened mine by identifying myself as a Pro Se defendant. What this enables you to do is ..you can open your case file on line and see ..all the motions, affidavits, and all the documents that have been filed in your case..

    By having an ECF account you’ll be notified, and warned by an email when any new document is filed in your case..

    My experience has been that these cheating Banksters will file documents behind your back and sneak in documents without giving you notice. . They will schedule important hearings , and not notify you. [ that happened to me ]

    They’ll win the judgment if you fail to show up at the Final Summary judgment meeting…. By default.

    They will sell your property behind your back if you’re not looking. Never trust these Crooks. They are out for blood , and you have to fight back by being informed .

    Even with a lawyer ..don’t depend 100 % on them..Do your own research on line and learn as much as possible so you’ll know the legal terms ,and defenses .

    I am not a lawyer ,and the stuff I am writing here are my personal experience’s I have suffered in my 19 months in litigation with a cheating, lying,and corrupt Bankster
    law firm .[ Florida Default Law Group ]

    One of the most corrupt Foreclosure Mill , thats full of young lawyer who are learning early in their career .. how to be Lying,Cheating,dishonest and a disgrace to their profession .

    They should be dis-barred and throwed in the Big House for being such a fraudulent,and criminal organization..

    I feel today more than ever … we all have to become better educated in Finance, and Law.

    We are on our own… out here .

    The Government and the Justice system are not watching your back ..

    Take Care out there .

    LF.

  • Larry Rubinoff  On October 28, 2009 at 8:08 PM

    Fitzgerald, if you are monitoring this blog and these comments, please see today’s post.
    Larry

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