A majority of the questions asked on this blog boil down to “what do I do now?” While there are several emergency situations where the suggested steps must be taken out of order, I thought I would post the most common answer I give to people who are angry and ready to fight.
Your situation is not uncommon. We suggest the following actions:
a) Complete an intake form. This can be found on our blog. The purpose of this form is for you to get all your information together in an organized fashion so a forensic analyst, expert or lawyer can review it without spending too much time interviewing you.
b) select a forensic analyst to review your documents and produce a report that will summarize TILA violations, discrepancies caused by securitization, evidence of fabrication of documents etc.
c) select an expert to provide you with an expert declaration that can be used in litigation
d) select an attorney familiar with securitization of mortgages
e) attack the actions already taken against you and your home and file the necessary lawsuit and motions to prevent further deterioration in your situation. Many times the sale has been overturned and the homeowner restored to ownership and residence.
There are no guarantees for success. While we feel the laws are clear and favor the homeowners, Judges are reluctant to apply the law if they believe that the homeowner is merely trying to use technical violations to make the process more expensive for who they perceive the lender on a loan that appears legitimate and where the eventual outcome (foreclosure and eviction) appears inevitable. It is the task of homeowners and those representing homeowners to address this misconception at the outset of litigation. We believe the laws, rules and regulations of Federal and State authority favor the homeowner and provide a path to a successful result. It is apparent though that the homeowner must have the staying power and determination to win, since the pretender lenders are not going to make it easy for you.
Filed under: bubble, CDO, CORRUPTION, currency, Eviction, foreclosure, GTC | Honor, Investor, Mortgage, securities fraud