PROPERTY MANAGEMENT GROUP'S
LETS US FIGHT FOR YOU CALL FORECLOSURE DEFENSE CONSULTANTS AT 404-991-3753!!!!!!
Foreclosure Defense – Mortgage Modifications, How To Stay In
More than 90 percent of foreclosures are uncontested, but some
homeowners fight back with a strategy of foreclosure defense
HOMEOWNERS CONTINUE TO MAKE THE SAME MISTAKE: YOU
CANNOT DO THIS AT HOME
As our readers know, we are heading into our 6th straight year
of fighting foreclosures. Our consultants and legal network has
grown to 42 consulting offices nationally, and continues to
We get literally hundreds of e-mails each week from homeowners
who need assistance. However, more and more of these are from
people who try to do the foreclosure challenge or defense on
their own, wind up getting an adverse ruling or having their
home sold, then coming to us asking us to fix the problem. We
reviewed more than 25 inquiries today alone, and more than half
were from homeowners had put themselves in exactly this
difficult position. When a homeowner who is not legally advised
has either (a) done things improperly, or (b) not taken the
proper steps by proper procedures, or (c) not filed papers on
time, this makes our job more than difficult, more expensive,
and with a more uncertain result.
At this point in history, foreclosure defense is rocket science.
Notwithstanding the wealth of law as to substance on the
internet, the rules of procedure are not, and one cannot learn
all of the proper rules of procedure without both going to law
school and routinely practicing in court. There is just no
substitute, just the way I would never, ever, try to practice
medicine, engage in engineering endeavors, pretend to be an
architect, or engage in any other profession which requires
intensive schooling, a professional license, and on-the-job
training for years on end.
The other problem is that homeowners who are not legally advised
have taken many cases up on appeal which have resulted in many
homeowner-unfriendly decisions, which then makes it even more
difficult to advance a credible position which is not accepted
by a Judge because of a decision from a non-lawyer appeal which
was not properly briefed or argued before the appeals court.
That said, it is unfortunate that we are not able to consult and
refer certain homeowners who present us with a situation where
they have tried to defend the foreclosure themselves, and have
placed the case in such a bad posture that we are not able to
assist. The proper thing to do, as we have said over and over
again since 2008, is to retain an attorney early on, at the
first sign of a foreclosure threat. The attorney can then
structure the defense properly, instead of trying to dig the
homeowner out from a litigation grave from which, sometimes, it
is impossible to escape.
Listed below is just one example of how a Homeowner can use our
consultants and legal network foreclosure defense team:
OCWEN LOAN SERVICING ADMITS IN WRITING: WE DO NOT KNOW WHO OWNS
Several of our clients have recently received letters from Ocwen
Loan Servicing in response to inquiries as to who owns the
homeowner’s loan. The response from Ocwen is a form letter,
which states: “There is no single investor of the loan. The loan
is one of many in a securitized investment trust (with name of
the trust). Ocwen is the servicer of the loan, and not
necessarily the owner of the loan. Although the ownership of the
loan may change, the ownership has no bearing on the servicing
of the loan.”
Look at that series of admissions very carefully. We know that
Ocwen is a servicer, and is never an “owner” of a loan. A
servicer is (allegedly) working to service the loan on behalf of
some owner. Who is that owner? Ocwen does not know, and admits
that the ownership may change.
Servicing rights are conveyed by a servicing contract. Who is
Ocwen working for? It does not say. What rights have been
conferred upon Ocwen by whoever owns the loan? Ocwen does not
say. What amount is the owner claiming is owed and under what
facts? Ocwen does not say.
Ocwen does admit that the loan was securitized. This admission
implicates all of the securitization issues, including authority
of the servicer, whether the loan was properly transferred to
the trust, whether there were any paydowns or payoffs of the
note through insurances, credit default swaps, reserve pools,
etc. depending on the current state of the law in whatever
jurisdiction a foreclosure is pending. As you know, some states
have case law which permits inquiry into the issues; some do
not; and some are undecided.
This letter alone warrants intensive discovery in any
foreclosure case in view of the admissions of Ocwen, which
admissions generate a wealth of issues of fact for discovery and
trial as well.
Why???????not let the Professionals fight for you!!!