Mortgage Servicing Fraud
occurs post loan origination when mortgage servicers use false statements and book-keeping entries, fabricated assignments, forged signatures and utter counterfeit intangible Notes to take a homeowner's property and equity.
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In Need Of Help Show full post »
I need help
Yes, I was served. I didn't know about the actual court date and I didn't get to have my day in court to say anything to stop this. I want everyone to know, that I didn't just wait to be rescued at the last minute. I have tried to find a "lawyer who gets it" and didn't know there was such a thing, until I came to this forum! I could say a lot more, but I'm sure you have all heard the exact same story over and over. Just please realize, this is my home and of course, I was trying everything I could but I was dealing with the wrong people.  Thank you for your help everyone.....I really appreciate it so much.
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I found this Emergency Motion to Set Aside Judgment and Cancel Sale at Neil Garfield website . Hope this will help. Maybe you can ask Mike how to use it.

IN THE SUPERIOR/CIRCUIT COURT OF THE CITY OF xxxxxxxxx LOCATED AT xxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxx OF THE COUNTY OF xxxxxxxxxxxxx OF THE STATE OF xxxxxxxxxxxxxxxxxxxx.

Your Name  

VS

Trustee Name

1st Mortgage Name

2d Mortgage Name

 

VERIFIED EMERGENCY MOTION TO SET ASIDE JUDGMENT, CANCEL SALE AND DISMISS ACTION FOR FAILURE OF JURISDICTION AND LACK OF STANDING.

Comes now the defendant, YOUR NAME, Defendant in the above-styled action and move this Court to vacate and set aside the Judgment entered on the xxxx day of MONTH  2008, vacate and set aside the order dated xxxxx day of MONTH 2008 setting the sale date, and canceling the sale of the subject property and as grounds therefore says that the LENDERS/TRUSTEE committed a fraud upon the Court in that the LENDERS/TRUSTEE does not now and did not, at the time of the foreclosure, own the mortgage, the mortgage note, any security agreements, nor have the requisite power to represent the real party in interest, nor did the LENDERS/TRUSTEE allege facts in support thereof. This Emergency motion is not filed for the purposes of delay. The true facts (and consequent fraud perpetrated upon this Court by LENDERS/TRUSTEE) regarding the prior sale of the risk, servicing and ownership of the mortgage and note regarding the subject real property and alleged liability did not come to the attention of the undersigned defendant until the last few days. 

The Trustee does not have the current authority to proceed with the sale or foreclosure, nor to defend the claims of the undersigned Petitioners because of events subsequent to closing that changed both the ownership and authority of the subject note and mortgage, the authority of the Trustee to represent the interests of the real parties in interest and the lack of documentation showing that the real party in interest can be established. Trustee, the lenders, the underwriters and the presence of third party investors.”

The unique context in which this and other mortgages are being foreclosed on primary residential properties has left all affected parties in untenable positions resulting from rules which never contemplated these circumstances. None of the affected parties wish to see the subject property foreclosed, sold or the the property abandoned. All of the parties affected have it in their interest to preserve and maintain the security of the asset which is the subject of the instant action. It therefore falls within the equitable powers of the Court to order mediation, and to require people with decision-making authority to appear at said mediation prior to the consideration of the current motion or any subsequent motion.

WHEREFORE, Petitioner’s pray that this Honorable Curt will vacate the sale and/or judgment, deny any motion or petition for eviction on the grounds of lack of jurisdiction over the parties or the subject property, order mediation, refer this matter for changes in the rules of civil procedure, and grant such other and further relief as the court may deem just and proper. 

[Serve them with summons. You might have to serve the Secretary of state on Mortgage Lenders because they are foreign corporations. The court clerk will tell you the answer to that, I hope. Put the name and address of Lenders in your certification clause at the end.]

I HEREBY CERTIFY that a true and correct copy was sent by FAX and U.S. Mail to the following names, addresses and fax numbers this xxx day of xxxx(MONTH) 2008.to opposing counsel at the following number Attn: Name of Person Trustee Sale Officer. 

YOUR SIGNATURE: 

Notarize your signature

Then add a separate piece of paper that uses the same style, with no certification clause that says:

 

Proposed Order

 

This cause having come on to be heard upon emergency motion of the Petitioner and the court having reviewed the documents regarding the subject property, heard arguments regarding the motion, heard and received evidence regarding the motion, and taken judicial notice of the context of the great number of foreclosures of primary residences in the State of xxxxxxxxxxxxx, and the Court being otherwise fully advised in the premises, it is accordingly

 

ORDERED AND ADJUDGED:

 

1. This Court reserves ruling and reserves jursidiction to enter such orders on Petitioner’s motion and matters attendant to the Motion and other issues presented in this Order.

2. The sale of the subject property is stayed under further order of this Court. The sale date is hereby cancelled.

3. Petitioner is ordered to maintain the property, pay the utilities and taxes, and to provide proof of same to the Trustee every month.

4. Upon motion of the Trustee, in compliance with the legal requirements of standing, competence, and proof of facts, the Trustee may apply for hearing on motion to lift the Stay herein and reset the the sale date if the Petitioner can be shown to have failed to adequately maintain the property, reasonable wear and tear excepted, pay the utilities and taxes, or upon entry of an order by this or an appellate court vacating this Order and remanding the case for further consideration. 

5. The Trustee shall produce original documentation to the Court proving standing and authority to proceed under California statutes within ten (10) days from the date of entry of this court in the Court records. Time is of the essence. Failure of the trustee to file said documentation, including all original assignments or sales of the risk, security or debt specifically and expressly connected with this Petitioner and this Subject Property shall automatically constitute a dismissal with prejudice of the foreclosure, the sale, the eviction and any claim for past due payments from this Petitioner and shall relieve the Petitioenr from the accrual or payments for principal or interest to any party until such original documentation is produced.

6. The parties are ordered into mediation within 180 days at which the Trustee shall provide proof which maybe used in these proceedings showing the compliance or lack thereof with the applicable laws and rules of the State of California, the Federal government or any agency in connection with disclosures concerning, risk, fair market value, true cost of the loan, the true ultimate source of capital to fund the loan, and any changes in underwriting standards that were not disclosed to the Petitioner/Buyer and such documents shall also be filed with the Court at least ten (10) days prior to actual mediation. Failure of any affected party to appear at said medication shall constitute a waiver of any claim for payment, and claim for security or any other rights under the original transactions by which the loan documents were produced. The failure of any affected party to produce a person at the time and place of the mediation (which shall be set by order of the mediator) who is authorized to make a final decision regarding settlement shall constitute a non-appearance under this paragraph.

7. The mediator shall submit a written report of the agreement(s) of the parties which shall be approved and made binding by order of this Court upon proper notice and hearing of the parties. 

8. This case is hereby referred to applicable rule-making committees and agencies that are empowered to make temporary or permanent changes in the rules of civil procedure to accomodate the overload of forecloosure cases pending before the California Court system. Toward that end this Court suggests the following for consideration by said entities for temporary changes to the rules of civil procedure until the current mortgage meltdown crisis has passed:

 

Emergency Provisional Rules

Mortgage Foreclosures

 

These emergency rules of civil procedure apply to all foreclosures on all property, real or personal, initiated on or before January 1, 2007. No Judgment shall be executed, or if already executed, enforced, and no order of removal or eviction or seizure related to foreclosure shall be executed, or if already executed, enforced unless a Court of competent jurisdiction shall have executed an order finding as a matter of law and fact that the foreclosing party(ies) have complied with each and every provision contained herein.

 

1. Every Petition for Foreclosure and/or every action undertaken by a foreclosing party prior to seeking recovery or seizure, or occupancy of property, shall require the foreclosing party(ies) to file a verified complaint or affidavit alleging the facts supporting the claim for relief, executed by a person with actual knowledge of all facts alleged. The executing party on said verified Petition or affidavit shall affirmatively allege and actually be available for the taking of testimony by deposition or at an evidentiary hearing in the jurisdiction in which the property is located.

2. Each such Petition or Affidavit shall state the names and addresses of all parties involved in the loan transaction and shall be served under the rules governing service of process upon each of said parties as third party non-party litigants, if such parties were not the lender or borrower.

3. Each such Petition or Affidavit shall account for all funds that were passed through or to each party named in the action, the disposition thereof, and the manner and time in which the passage of said funds were dispersed, together with a citation to the mortgage documentation, including a quote of the relevant passages in the body of the Petition or Affidavit wherein said funds are disclosed and wherein said funds are authorized. 

4. Each such Petition or Affidavit shall state with particularity whether any changes occurred after the closing of the subject loan transaction in which parties or persons were changed including the names and addresses of all parties and persons related to the transactions subject to the mortgage.

5. With respect to sale or assignment or any joint or sharing arrangements concerning ownership, distribution of risk, or securitization in which the subject loan was referenced as collateral or otherwise, each such Petition shall state with particularity the details of each such transaction, the distribution or re-distribution of funds, and the documents employed by said parties after said closing.

6. Each and every such Petition or Affidavit shall affirmatively state that the foreclosing party(ies) have standing and authority to bring the action, defend counterclaims and answer affirmative defenses. The signature of the attorney on said pleading shall be mandatory and shall constitute a representation to the COURT that the filing attorney has performed proper due diligence to ascertain the truth of the allegations of legal standing and all other allegations.

7. Each such Petitioner or Affidavit shall be accompanied by attachments of the referenced documents to be included with the first service of such Petition or Affidavit.

8. Each such Petition or Affidavit shall state with particularity and specificity each disclosure made to the borrower and any third parties involved in the transaction under the Truth in Lending Act and the corresponding provision of the mortgage documents executed by the borrower which supports said disclosure.

9. Each such Petition or Affidavit shall state with particularity and specificity each disclosure made to the borrower and any third parties involved in the transaction under the Truth in Lending Act and the corresponding provision of the mortgage documents executed by the borrower which does not support said disclosure. If any allegation other than “none” is made under this paragraph, the foreclosing party(ies) shall state with specificity the law or fact upon which they should be excused from compliance.

10. Each such Petition or Affidavit shall attach a full and complete accounting of all money, value or funds transmitted, paid or or promised between all parties involved in the loan transaction before or after the loan transaction. In the event the borrower has been overcharged, undercharged, or charged correctly, the Petition or Affidavit shall so state affirmatively, providing a full accounting of said funds. 

11. No answer or response from the borrower shall be due unless and until the foreclosing party(ies) are in complete and full compliance with the provisions of these rules. Any prior answer or response may be amended by the borrower after a determination is made that the foreclosing party(ies) are in full compliance. No prior Judgement, order or other document or rule shall prevent the borrower from filing a response or answer after the foreclosing party(ies) are found to be in compliance with these rules.

12. In the event that the foreclosing party(ies) fails or refuses to comply with these rules, the foreclosure shall be barred with prejudice and until the terms of the mortgage are determined with certainty by the Court by clear and convincing evidence, no payments to the mortgagee shall be due. This provision that not apply to payment to taxing authorities. In such event of delay caused by the the foreclosing party(ies) the court may fashion such equitable remedies as the Court deems fit in its discretion. for example, the Court could apply delinquent payments to the end of the mortgage, thus extending the terms. 

13. In the event of non-compliance with these rules wherein the foreclosing party(ies) demonstrate to the Court the probability that they could amend their filing to conform to the requirements herein, the foreclosing party(ies) shall file an amended Petition or Affidavit on or before thirty (30) days from the date of the order of the Court allowing the amendment. Failure to file within said thirty period shall be grounds for a mandatory immediate dismissal with prejudice. 

14. In the event of the filing of a verified amended Petition or Affidavit, Borrower shall have ninety (90) days in which to answer or respond. Failure to answer or respond shall not relieve the burden of proof of the foreclosing party(ies) in compliance with state, local and Federal law, and in compliance with these rules.

15. The Court may grant attorney fees and costs to the prevailing party in each case where a motion or other filing occurs, wherein a determination is made in an adversary proceeding that the filing is in or out of compliance. 

16. In the event a foreclosure has already been completed and all subsequent and customary actions have occurred and no bona fide third party has taken control or occupancy of the property, these rules may applied retroactively. 

17. Once compliance has been established and the issues are joined, the Court shall enter an order requiring the parties to enter into a process of mediation. The purpose of the mediation shall be to fashion a settlement which provides relief and incentives to all affected parties, including non-party litigants. Mediation shall take place no earlier than thirty (30) days after the entry of the mediation order, and not later than is reasonably possibly given the volume of cases and the availability of competent mediators.

 

These rules are subject to review by the Court but are effective immediately. Comments and applications to be heard shall be available in keeping with the usual and customary methods of proposed rule changes. Said rules shall be effective unless and until stated otherwise by the Court.

 

DONE AND ORDERED THIS XX DAY OF XXXMONTH, 2008, IN THE CITY OF XXXX, STATE OF XXXXXXXXXXX.

 

________________________________

CIRCUIT/DISTRICT JUDGE

 

Provide self addressed stamped envelopes for the Court to use for mailing out the order to the Trustee, and the Lenders. 

 

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I Need Help
Thank you everyone, and thank you Ann for your latest post! ; ) I greatly appreciate it! 


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anon
File the motion and insist on scheduling a motion hearing with the judicial assistant and don't take no for an answer. The judge will ask why you didn't take any action prior to this.Judges are really reluctant these days to foreclose you just have to give the judge a good reason to stay. Take the motion to the courthouse, get it stamped and and deliver to the judges office. I did not read the whole post by Ann but you have to mail copies to the other parties's attorneys as well.

You might look into getting an appelate attorney. Or show up when they sell the house. Bizarrely enough I know someone who did that and bought their own house back.

I should sign myself "learnt the hard way". It is amazing to me how many homeowners don't even show up to court. The banks attorney's just bring boxes of files and they get rubber stamped because the homeowners don't show up. Here in the Miami the situation is so bad they offload boxes of files using forklifts. The banks were so crooked, they made so many errors that even the smallest thing could have the case thrown out.

I am sorry you are going thru that. I have been there.Not fun.
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Yeah, I too had a final judgement filed against me.  I showed up for the foreclosure court and the judge heard my side...all 1 hour and 20 minutes of it!  I lost the battle but not the war...I am still in my home a year later.

Please don't give up!!!

S
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I Need Help
I'm so happy to hear from so many people who have not given up, and who are encouraging me to do the same. I finally feel like I have people on my side in this! ; ) Thank you everyone for posting!
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Sara
It just amazes me how many people don't take any action!  They don't respond to the bankster (one of my very favorite words), they don't show up in court, they don't do anything except move out.  Then the home is sold at auction for a pentance and they owe a huge amount of money (judgement) for something they don't even have anymore. 

I just don't get it...

S
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    MY personal opinion after studying this phenomenon is that it is caused
by "vaccination". Americans are the most highly vaccinated people in the
world and I am sure this disgusting practice causes "brain damage".
    Look at the epidemic of autism among school children in this country.
This is proof positive that these vaccines are "neurotropic" and reduce
the IQ of the victim. There is a spectrum of effects from "none at all" to
partly brain damaged, to severely brain damaged, ie autistic.
    I had a young couple in their 30's come into my office with their two
beautiful young children. Their landlord was being foreclosed on and they
as tenants received a summons and complaint. They were in a panic that
they would be evicted any day now and had nowhere else to go.
    When I tried to explain to them what the true situation was, they looked
at me like I was speaking a foreign language. They could not understand
what i was saying. I showed them on the computer exactly what their
landlords situation was and told them how they could own the house with
no money down, get an $8,000 check from the government and pay less
each month by owning it then by renting it. Their eyes glazed over like
I was explaining calculus or some esoteric math formula. Brain damaged,
yes I am sure of it.
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anon

The florida supreme court just issed a ruling mandating that all foreclosures be required to go to mediation to be paid for by the plaintiff. Nye sent me a copy so I was waiting on him to upload this ruling all 107 pages, He may be off celebrating. Of course now the plaintiff has to actually prove they own the note Yeah! The file is too big for me to upload. Please advise web master.

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Moose
See link in:

Supreme Court of Florida No. AOSC09-54 IN RE: FINAL REPORT AND RECOMMENDATIONS ON RESIDENTIAL MORTGAGE FORECLOSURE CASES ADMINISTRATIVE ORDER

Moose


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I Need Help
I have a rehearing scheduled for this Thursday. I have some "ammo" already, but I have to get the sale of the home stopped. I'm hoping that this Supreme Court Ruling will apply to cases that are already so close to having the sale of the home. Does anyone have a guide of sorts that would help me with a bankruptcy attorney? They just aren't seeming to "get it" here in my city. My hope is in the judge and the rehearing, but I still need some help. Thank you to everyone who has helped me with all of this.
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h gosh
Below is a link to a site that may offer some firms for you to call.  I am not personally recommending any specific attorney or law firm, but many of the attorneys involved in this network "get it" when it comes to Bk filing.  Can't hurt to make a few phone calls.

http://www.mortgagelawnetwork.com/
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I Need Help
Judge didnt listen to anything we had to say about our case and totally blew it off. Wouldn't let us read the papers we had in front of us.
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     It amazes me that the judge did not vacate the judgement in your case.
The original lender had no license to make mortgage loans in Florida and the
Note was never endorsed nor assigned to the Trust that claimed to own it.
There was no "true sale" of the Note, it remained the property of the original
lender so the trust had no standing to file the suit in the first place.
     For those reading this blog, the lesson to be learned by this case is that
one needs to get legal help early. Once a judgement is entered, even if based
on faulty evidence, it is extremely difficult to get it reversed.
     I hope you brought a Court Reporter, because you have a strong case on
appeal. The only problem is that now you need a lawyer who specializes in
doing appeals. I hope you don't give up and appear at the sale and bid on the
property. Don't let it go for $100. The pretender lender never owned the Note
so allowing it to win the house will be a windfall profit for the Trust.
     Bid it up as high as they want to go, and then sue them for the money
they bid, since that money belongs to you. You had no lawful lien against
your property and it was homesteaded so they are about to try and steal
your equity by the legal process. Make them pay a fair price for the house
and then sue for your money!
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Can the owner bid at Court Auction and buy it back at cheaper price ? I saw house with mortgage $200,000. Now it worths $90,000 and the bank let it go for $80,000.

In Florida, Homeowner has 10 days for redemption after the Sale. Perhaps she can file Bankruptcy to invalidate the sale .
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Found this on livinglies. Hope it will help
               BANKRUPTCY STRATEGY

Strategic Comment: There are two ways for you stop foreclosure, sale and eviction dead in its tracks. One is to file bankruptcy under Chapter 13 which is an opportunity for debtors to reorganize their payments to creditors.

  • An automatic stay goes into effect immediately upon filing with the Bankruptcy Court. Creditors who say or do anything in furtherance of collecting a debt are committing a federal crime from the moment it is filed, whether they know about it or not. 
  • However, the payments include fees to the Court and Trustee which exceeds 10% of what you pay into the Court for the benefit of your creditors, so since you are strapped for cash it further impedes your ability to work out a realistic plan.
  • Also for secured debts like mortgages, the lender can come into Bankruptcy court and ask the court to lift the automatic stay which in the past has been routinely granted and for the most part still is, UNLESS YOU DO SOMETHING ELSE.
  • WHEN YOU FILE YOUR PETITION STATE THE MORTGAGE AND NOTE TO BE CONTINGENT LIABILITIES BASED UPON TILA VIOLATIONS. You will need a full forensic review before or immediately after filing to support your position. Contact Brad at foreclosuredefensegroup@gmail.com or 888-829-4405
  • YOU SHOULD ALSO NAME, AS THE CREDITOR, THE ORIGINAL LENDER, and state the amount of the loan as a contingent liability to them. The fact is, in most cases, you have not been presented with proof of transfer of anything, nor seen any assignment, or what rights or obligations were picked up in transactions after your closing by third parties who own the servicing rights, or the mortgage or the note. The Trustee or other party coming into court or posting notices of sale on your property probably is getting his/her marching orders from someone who either doesn’t have or can’t prove they know the amounts you paid, to whom or what is currently due. PLACE THE BURDEN WHERE IT BELONGS — ON THEM.
  • Then you should state the present mortgage servicing entity to whom you are now sending your payments (this applies only where the loan has been sold which is true in 95% of the cases) as a contingent liability in an unknown or unliquidated amount. 
  • Then you should add a creditor “john Doe” as also an unknown unliquidated debt as the possible owner of a security under which he has ownership of the mortgage and note.
  • Then you should file an adversary proceeding or action under TILA, RESPA, fraud etc. making all appropriate claims for rescission, refund of interest, points, loss of value in the property etc. 
If your case is handled in this way there is a higher probability that you will survive the motion for lifting of the stay as the movant will have to prove the chain of title and authority on the mortgage and note, thus giving rise the the issue of legal standing for them to standing in the courtroom at all.
The second option, if you are faced with foreclosure, sale or eviction is just file the TILA action in Federal court and then go the State Court and ask the State Court to issue a stay because there is pending litigation in Federal Court. Usually State Court judges are more than happy to get the matter off their desks and thus grant your motion for stay, but they might not be under no obligation to do so.
Remember that whether you go straight into Federal Civil Court or Federal bankruptcy Court, which is a different division, and you are NOT represented by counsel, the Judge must do the legal research himself to determine the merit of your claims. If you are represented by counsel you need to make damn sure he knows what he is doing. Most bankruptcy lawyers don’t know an adversary proceeding or TILA action from egg on the wall. They have no experience with it. Very few lawyers or judges know this area since it only became important in the last couple of years. 
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    Yes Ann, the owner can bid on the property and many times, if he/she has
the cash, buy it back for less than what was owed.
    However, the main reason to attend the sale and bid on it, is to force the
pretender lender to pay a fair price for it. If the Judgement was obtained by
fraud, as it was in Cheryl's case, one can place a Lis Pendens on the property
and sue for the amount that was paid for the property. This gives you a second chance to get back the property and it will cloud the title and prevent the "pretender lender" from selling it to an investor for a fraction of
what it is worth. (which is usually what they do, like a burglar selling stolen
goods to a pawn shop).
     if you let it go for $100 on the Court House steps, you just gave them a
"wind fall" profit, because they had no "skin in the game" to begin with, so it
is all profit for them and the law firm that did the foreclosure.
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I don't quite understand yet.
For example, if I am the Homeowner. I go to the Sale Auction, bid the price up to let's say $50,000,  bank bids $55,000. I stop bidding at $50,000. No one bids for more except the bank. Who does the bank pay the $55,000 to ?
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Brindy
They (the lender) pays it to no one.  It is called 'satisfaction protonto'.  They just apply it to the mortgage.  If there is a balance on the note the difference ends up being a deficiency in some states.

In AZ though, the deck is stacked against homeowners bidding on their own property.  To be a bidder you have to show up an the auction with a $ 10,000.00 chasier's check made out to the trustee.  You are then allowed to bid.  If you are the high bidder but fail to pay the balance of the auction within 24 hours you lose the 10 grand.  The downside of trying to bid up your property is that you may suddenly end up being the high bidder and get stuck with either having to pay the auction bid of (in AZ) losing your $ 10,000.00.



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     Yes, but if you put down the 10K and are the high bidder, you get your
property back! Granted, it may be risky in Arizona but in Florida, it is a different story.
      I did it several times back in the early nineties during the Savings and Loan crisis. You bid until you are high bidder, put down the deposit, and then
fail to show up with the rest. The auction has to be rescheduled and you lose
your deposit, but many times that is OK. The deposit goes towards what you
owe and it allows you to find out what the bank is asking. Then you can negotiate and try to refinance whatever they need.
      Also, it gives you time to get a rehearing if there was fraud involved in the Court's judgement which is often the case. This puts you in a strong
negotiating position. It is not for the faint of heart, but if you have the courage to do it, it often works out well because the bank does not really
want the property, especially in a down market.
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Brindy
Not so quick.  (AZ only).  The mortgage holder at the auction will simply bid the amount of the unpaid mortgage.  Happens every time.  To be successful you either have to have bribed the trustee, the auctioneer, or, engage in what is called a 'drop bid' (an amount lower than what is owed on the mortgage).  Drop bids are blatantly illegal in Arizona.  There is a lot of bad blood floating around about drop bids.  A drop bid is goes like this. 

The Trustee advertises the amount of the 'credit bid", that is, the bid put in by the beneficiary of the deed of trust.  At the very last minute, and with no public notice, the credit bid changes to something drastically lower.  The intent is to let an insider bid at the auction, steal the property, and spend less cash for the house.  It is a despicable process happening everyday in Arizona.

Here is a link:  http://www.a2stalk.com/phoenix

When foreclosure homes come up for public auction in Phoenix, a minimum opening bid is set and bidding is open to anyone. At least that is the way it's supposed to work.

Arizona law requires opening bids on the foreclosure properties to be posted at 9 a.m. the day before the auctions. This is so all potential bidders, including the homeowner, have the information in time to research a property and line up money to bid.

This is where sources involved with auctions say things have gone wrong.

A few months ago, some lenders with foreclosure properties to sell began lowering opening bids on the day of the auction.

A drop bid is a tactic used to sell a property faster, especially when there are many houses to sell. While legal in some states, drop bids are illegal in Arizona. Reported by Arizona Republic.



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How about declare bankruptcy to get a Stay of Sale and have 3 to 6 months to negotiate with lender ?

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I Need Help
I had tried to find attorneys in this town while I was working with the Hope Now people. (995 hope) and I was told "what do you want me to do? you're working things out with Countrywide, right? so what is it you want me to do?"....so  I kept trying to stay on track and follow everything that I was supposed to be doing to get this modification to work out ok. I went through so much just to get to the point of working with the Hope People that the stress level in my home was already horrible. ...it was a very scary time, because until the Hope people started to deal with this, we had no witnesses to the BS that Countrywide had been putting us through....the long waits on the phone....the disconnects....switching us from department to department in circles....etc. I got all the way up to the office of the president of Countrywide, and supposedly she was going to see things through, in conjunction with the Hope Counselor. I faxed in our financial information over and over......and Countrywide "didnt get them"....I asked for a mailing address to finally just mail my financials, and they didnt allow that.....everything had to be faxed in, PERIOD. So, I had finally sent everything to Hope Now, and THEY faxed it in and of course, then Countrywide received everything.....On top of all of this, Hurricane Ike hit Texas and I lost contact with my Hope Counselor, and nobody apparently took her place because I kept calling her office and nobody would answer.....I ended up with a whole new counselor who was fortunately able to see where the previous one had left off. Finally in January 2009 the papers arrived....They were sent to me on Jan. 26th, Dated January 6th, and had to be signed, notarized and sent back by Jan 23rd!! This was set up to fail. All the way  through to May 2009 the Hope counselor tried to get Countrywide to just simply send the papers with the correct dates on them. Countrywide wanted me to send the papers back, "as is" which I wouldn't do, because then it would have looked like I hadnt followed their written instructions, and the modification would have been refused for that reason.....by this time 2 1/2 years of trying EVERYTHING we could we were back at square ONE , being told that  we would have to resend all of our financial information in ALL OVER AGAIN, "to see if we would qualify for anything through the Obama administration"  Now, you have to somehow imagine how stressful each passing day had been, let alone month after month.......My husband actually had a heart attack in January 2009 from all of this stress. It sort of made us stop and think, "is the home worth his life??"....of course not. Still, we did hold out hope that somehow things would have worked out. After all, we were approved for the modification.... During all of this time, I would go to different lawyers in town, and all I was ever told was "Go bankrupt"....without anyone even looking at any of the proof that I had that really showed Mortgage servicing fraud. Countrywide knew how to play the game of creating a huge default, while promising that they would work things out.....that they didn't want our home....etc, etc.....the same song and dance. When I came to msfraud.org my family had already been through one hell of an ordeal....I just simply wish I had known about this website and Neil's site before all of this. I also wish that I knew about "foreclosure defense attorneys"....and I also wish that I KNEW about the GOOD foreclosure defense attorneys who are NOT IN MY CITY!!! The attorneys in my city are arrogant, treat people like dirt, and don't give you the time of day...plus they just "don't get it" in the first place. For us, it was a matter of not being able to find any attorney who would give us the time of day.......because "too much time had gone by"......yet I had tried to find help for all of this time......we never stopped!!   If THIS is how Countrywide "works things out" then I can see why there are so many people losing their homes....I'm just disgusted with the whole giant foreclosure machine, and the judges who let it all happen..
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I Need Help
I just wanted to add something else here too......apparently its a routine thing in Florida for copies of the note to be allowed.....I've heard it over and over....the original not doesnt have to be shown ......they are accepting copies!! How can they get away with this?!
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