One of the strongest things you can do to have the Servicer/Bank be in dishonor is to do the following.
1) Send a correspondence to Servicer/Lender noting you are not refusing to pay but you have placed the last 2-3 months of payment (of which you are behind on your mortgage) with your attorney who is holding it in escrow to release funds upon their proof they are the creditor and the validation of debt.
2) Have your attorney send a letter (with a photocopy of the certified funds/bank check) of the funds they are holding on your behalf. Your attorney can let them know that he/she is only authorized to release funds upon them forwarding an affidivit that they are the creditor/party in interest on the mortgage account. Only when they send an affidivit stating this information will your attorney release funds. Have your attorney give them 3-4 days to fax something over or send something via overnight mail. Guess what, they won't respond.
3) When they do not respond, have your attorney draft for you an affidivit of truth stating what you have requested and their failure to respond. Also note they failed to respond even to your attorney with an affidivit.
4) If required in your mortgage docs, have your attorney give them notice of judicial action coming down the pipeline.
5) Take them to Court; you now have prima facie evidence they are not the creditor, therefore no standing to collect on a debt or commence/carry out a foreclosure. If they were the true creditor, under Federal law they would have had to responded.
This is not legal advice but some food for thought. As always, speak to an attorney before proceeding with any legal strategy or foreclosure defense
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HI Ed and John, Bill Gatten of Landtrust.net is probably the best person to have on the Landtrust call. Just thought I put in my suggestion. I would really like to know the standing of the beneficiary as to bringing in a Maritime lien on the Straman since the Title is in the Trustee's name. Looking forward to that call.
ReplyDeleteIn regard to this blog's topic, what are the demands that we should be asking for once they fail to respond? recoupment/setoff? reimbursement of months/years of payments made to fradulent creditor? repair of negative credit reporting? additional damages for stress?
ReplyDeleteThanks!
When you mentioned that a certifying notary is federal witness last post, you referred to title 18. Title 18 is about tampering with a witness and that there are stiff penalties. How is a notary a federal witness? This is not clear in title 18.
ReplyDeleteLove this simple but potent strategy! Can't wait to try it out. Working on finding a brave and open-minded attorneys here in Sacramento!
ReplyDeletehi Ed, John, Holly
ReplyDeleteservicing company sent me letter after the final oath at end of phase 1 demanding only U.S. Currency..my MORTGAGE docs (florida property) looking at the MORTGAGE docs closely...it says this
Payments due under the Note and this security instrument shall be made only in U.S. currency. However, if any check or other instrument received by Lender as payment under the Note or this security instrument is
returned to Lender unpaid, Lender may require that any or all subsequent payments due the Note and this security instrument be made
in one of more of the following forms, as selected by Lender
a) cash
b) money order
c) certified check, bank chack, treasurer's check or cashier's check,
provided any such check is drawn upon an institution whose deposits
are insured by a federal agency, instrumentality, or entity;
d) Electronic Funds Transfer
got any suggestions (i know, not legal advice) on an intelligent response letter?? we offered Int'l Promissory Note thru LFC process, which they did not come to get with original note, of course..I'd love to come up with the correct verbage in my response letter and mail it along with a Bonded Promissory Note and when they dishonor that do Neg Averment along with changing POA, trustee, reconveying etc. (
btw, I am not behind or in foreclosure)I am still struggling as to when to stop the payments...want to put in escrow account..haven't found atty or escrow company who will do this. (there's more details as to why this is important in my life...emailed you yesterday on this issue)
thanks!
1 question about a commercial loan to biuld a house,can I use the lfc proccess just like a residential loan,or does commercial differ from res.help
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ReplyDelete