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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I need some insightm on how to prevent Wells Fargo Home Mortgage from foreclosing in Texas. I have sent Qualified Written Request for Debt Validation. I also called them and had them put in a Request for that info. What direction should I take now?

Ive recieved a Notice of Default and it has it expired (yesterday). When I recieved it I sent the QWR a week later. Im dealing with a Non-Judicial State (Texas). Now how or what can I do to put it in the Courts?


Thank you in Advance.
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George Burns
The first thing that you do is to educate yourself, however, since you now have very limited time, you need to consider getting a good lawyer. The cost of foreclosure defense has fallen rapidly as the knowledge of what to do and the number of lawyers in the field has increased. There is still not a large number who are good or experienced but the situation is much better than even 1 year ago and getting better.

If you give the city someone might have a suggestion for lawyers.

In the meantime, go to the home page http://www.msfraud.org and go through the links on BOTH sides of the page and read those that are relevant. Make sure to follow the links on subsequent pages especially the Legal Loung and the Library.

Then do the same at http://www.stopforeclosurefraud.com

Then come back to this Forum and scroll through the topics for topic titles that seem related to what you have learned so far. Also use the Search function to look up posts by William A. Roper and Texas. They are both from Texas. There should also be others from Texas but I do not know who they are.

Then post any other questions you might have.
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t

Texas is a non-judicial state.  While some second liens and home equity lines of credit are foreclosed there judicially, almost all 1st lien foreclosures in Texas are non-judicial.

 

An exception exists in the case where the borrower is deceased and an administration is opened.  This has been discussed in another thread.

 

The most effective defensive strategy in most non-judicial foreclosure states is usually in Bankruptcy Court.  Whether this is a viable alternative is dependent upon a variety of other facts as to your personal situation.

 

You should immediately find a Texas attorney who specializes in consumer debt and bankruptcy.

 

If you decide to defend pro se, the loss of your property is almost certainly assured.  Besides Mr. ROPER, the only other person who has been a regular Forum participant who has achieve a measure of success in Texas was Ed CAGE.  He had some servicing problems, but was never in default.  Mr. ROPER has been involved in a foreclosure in a probate setting.

 

Longstanding MS Fraud participant Nye Lavelle (who rarely participates anymore) tried to defend his parent's home from foreclosure in Texas, but LOST.  The site administrator Jack WRIGHT is also from Texas.  He lost his home some time ago.  Alina is from Texas, but litigated in respect of a Florida property. 

 

Participant "Texas" is also from Texas, but no longer posts.  Texas is indigent, has lost even his Internet connection.  Several that he has assisted are on their second or third appeals and these are probably frivolous.

 

Criminal swindler Mike H. is a disreputable person from Florida who may try to contact you to offer to assist FOR PAY.  Mike H. will take your money and probably even prepare some bankruptcy petitions and motions for you, but will be out drinking on your money and toasting your foolishness in Tampa when you find yourself homeless, as he has done with countless others. 

 

Everyone I know of at MSFraud from Texas who has defended has lost their homes EXCEPT FOR Mr. ROPER and Ed CAGE.   GET A LAWYER!!

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t

If your property is worth more than the outstanding balance on the loan and you have any substantial equity in the property, you need to see if you can find a buyer to salvage the equity in the property.

 

If the equity is thin or only slightly negative, an attorney can also help you explore either a short sale or a deed in lieu which could be used to avert bankruptcy.  This may be preferable where your financial circumstances make bankruptcy an undesirable approach.

 

If you think you are going to avert a non-judicial foreclosure in Texas or even delay a foreclosure outside of probate court or bankruptcy court, you are out of your mind.  

 

AGAIN, GET A LAWYER!!!

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