How to Stop Foreclosure Fraud Without a Lawyer.

If you’re facing a foreclosure and you haven’t talked with your “lender”, you’re not alone. The truth is that most people who is facing foreclosure process never pick up the phone to try to stop foreclosure without a lawyer. It’s understandable. The foreclosure process can be confusing and most people think you need a lawyer to help you sort through it.

Hopefully you’re a little less afraid to step out of your comfort zone and try to stop foreclosure without a lawyer. Now you need to know what to say and how to approach the bank when you call them to negotiate.

Learn How to STOP FORECLOSURE, simply enter your name and email address below and click on the Download eBook Now button.

Want to Stop Foreclosure Dead in its Tracks?

Are you facing foreclosure and would like help to get your foreclosure stopped dead? This article is for the homeowner facing foreclosure who wants to learn how to get the foreclosure sale stopped quickly and effectively so they can negotiate more options with their banks.

How to Stop Foreclosure Fraud

If you are facing a pending foreclosure sale, then you need to take drastic action NOW.

This article is designed for those of you wanting to be able to stay in your home to give you time so you can Fight Foreclosure Fraud and Stop Foreclosure Now.

If you find yourself in a situation where you are about to lose your home, you have two options legally.

One is to file a civil action against your “lender” followed by a motion for a Temporary Restraining Order and Injunctive Relief. The other is to file for bankruptcy protection with an automatic stay.

The TRO Method (for a Non-Judicial Foreclosure)

Firstly, in order for a TRO and/or an Injunctive Relief to be granted, the petitioner has to show a strong likelihood of success. This means that as a Plaintiff, you will need to bring compelling evidence to convince the judge that you deserve a stay of the sale. It is your job to bring significant controversy that brings doubt as to who the real party of interest is in the foreclosure action.

Obviously, having asecuritization audit would be hugely beneficial as well as a pleading/complaint that argues the points and authority that the pretender lender is not the real party of interest. However, this takes time. Time you might not have.

Crafting a pleading takes time and requires great care. It is not something that can be rushed. You should consult your lawyer as to the proper method and process for this.

If you are a member of our foreclosure defense membership program, we have included sample TROs, Injunctive Reliefs as well as sample pleadings that others have used. It is then up to you to simply customize the arguments as it applies to your own situation. You should consult legal counsel before engaging in something like this.

If you are interested in learning how to file for a TRO, you should consult a local attorney (this usually start around $5000 but could run you up to $25,000). If you would like to do it yourself and use our pre-made foreclosure defense template, click here to learn how to Stop Foreclosure Dead in its Tracks.

Motion to Dismiss to Stop Foreclosure (in a Judicial Foreclosure State)

If you live in New York, Ohio, or Florida or other judicial States in which the “lender” has to file a civil action against you to foreclose, then your options are stronger if you have evidence of movement.

Evidence of Movement is when you have closed your loan with an original lender (Bank A) and now another party – the servicer (who has no real interest in the loan at all) is trying to foreclose and who has filed the civil action against you in fraud.

You see, more than likely, your loan has been securitized. This means that your loan is bundled up with thousands of other people’s loans and sold onto Wall St as a Mortgage Backed Security….which mean neither your original lender…nor your servicer actually owns the promissory note. In order for them to actually have Standing (jurisdiction) to foreclose, they must be a real party of interest or the Holder in Due Course of your promissory note. More than likely, they are not.

All you have to do to stop foreclosure if you are in a Judicial State is to file a Motion to Dismiss if your loan has evidence of movement. You simply state in your Motion to Dismiss that your lender of record is the original lender and there is no evidence of a chain of title giving this current servicer the ability to foreclose…ie having any Standing to foreclose.

To learn how to file a Motion to Dismiss, please consult your local attorney. If you would like to use our pre-made template (used by many homeowners to successfully have their case dismissed), simply click here to learn how to Stop Foreclosure.

The Bankruptcy Automatic Stay Method

To buy time, some homeowners declare bankruptcy. When you declare bankruptcy, you receive an automatic stay from all creditors, including the “lender”.
Many homeowners feel this is the best and most assured way to stop the sale from happening.

Be warned. Bankruptcy is not for the weak hearted. Do not enter bankruptcy lightly.
You will need to declare all your assets, income and financial details. It is like having a permanent anal probe of your financial details. It is not pleasant.

Never ever lie, especially in bankruptcy court. You will go to jail. As great as it is the temptation to hide the precious little money you have from your creditors, don’t do it.
The other down side of bankruptcy is that it is a mark in your public credit score. But frankly, having a bankruptcy or a foreclosure these days is not as big a deal as it once was. Almost half the country has been through it. It’s like being a leper in a leper colony. It’s not as big a deal anymore.

Fact is however, for most homeowners, this might be the only way to keep their house from the auction block while they buy time to build their case for their foreclosure defense.

The other thing about bankruptcy is that in our experience, we have found that most of the wins come from the bankruptcy courts. The thing about bankruptcy is that it has the nice Rule 3001(d).

It requires the lender to provide proof of claim.

This means that the table is suddenly turned. It is now the “lender” who has to come up with the proof of claim. And if you know how their fraud is being perpetrated, then you know how to object and deflect their deception.

What many people do after they file for bankruptcy is to the file an adversary proceeding. As a debtor, this is absolutely free. An adversary proceeding is like a normal civil action, but done under bankruptcy court, and under bankruptcy rules. It allows the debtor to challenge the bank to provide proof of standing. As a member of the foreclosure defense program, you will have access to sample pleadings others have used in their adversary proceedings to challenge their lenders to produce proof of claim (as well as specific step by step instructions on how to file such a claim).

The other thing many homeowners do is to file their house as an unsecured debt. This will then prompt the lender to complain. But in doing so, they are then required to provide proof of claim, which they often are unable to.

To learn more about how to defend your home and stop foreclosure, click on the link below for free foreclosure defense support and information.

Are You Ready to Learn How to Stop Foreclosure Fraud?

The first step towards fighting for your home is to learn how to stop foreclosure fraud through education.

Look, we’ve spent thousands and thousands of hours researching this content so that we can save you time. We’ve put together a workshop that people have paid a hundreds of dollars to attend, include hotels and the hassle of flying to come to our events. We want more people to have access to this information. So, instead of putting together a seminar, we’ve made the video of the event available to you to save you the hassle and expense of traveling.

In this 4 hour video series you will learn:

	The difference between a Judicial and Non-judicial state with regards to foreclosures
	How to articulate the issue of Standing and “Real Parties of Interest”
	How to Spot “Evidence of Movement” to challenge the Lender’s Standing
	Your Rights under the Fair Debt Collections Practices Act and how to use it in Foreclosure Defense
	How to Negotiate a Loan Modification from a position of Power
	Dirty Tricks Lenders do to hide their shame, and what you can do to fight it.
	Expert Witness Testimony from an industry insider with over 20 wins under his belt.
	Much more…