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How to STOP a Foreclosure yourself


How to Avoid, Stall or Kill your foreclosure.

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9 Responses to "How to STOP a Foreclosure yourself"

  1. ForeclosureMD says:
    Bank scams on modifications. Loan modification only serve the banks that committed fraud! Demand for an accounting under the federal law. RESPA watch them default, once they default you have them under breach of contract and can force them to reduce the prinicipal balance. Free empowering information at ww w. StopForeclosure. LA or 888 *** 255 ***9999
  2. rotnflesh says:
    Further: NEVER SIGN ANY LEGAL DOCUMENT WITHOUT A SPECIFIC RESERVATION OF RIGHTS. (U.C.C. 1-308: Remedy and Recourse)

    Like so:

    Without Prejudice, U.C.C. 1-308
    *signature*

    This means you waive no pre-contractual rights, and prevent any document signed this way as submittable evidence in a suit.

    You will only be going to court to settle a dispute. Never let the other side control the situation; talk to a lawyer ASAP, and seek pro bono council if you cannot afford it.

  3. rotnflesh says:
    (cont.) 2) You put them in the position they earlier would have been in using the Notice of Conditional Acceptance: Now they must satisfy your claim to the court’s satisfaction that there is a LAWFUL claim in the first place.

    Since they greedily split title/deed of the debt(property) with a third party, who was not a co-signer of the contract and has no legal standing, they lose their legal standing.

    That is the essence of it; it is FRAUD for a bank to foreclose on this scenario.

  4. rotnflesh says:
    (2nd cont.) By maintaining honor, and using your notary public, you can/will retain good standing in a civil suit.

    Third, a foreclosure is a claim; you can ALWAYS file a counterclaim: In this case, by taking it to court, they become the Plaintiff, and you the Defendant. By filing a counterclaim, you become the Counterplaintiff, and they the Counterdefendent. The importance of this is twofold: 1) you have reserved the right to fight their claim if, and only if, they satisfy your claim.. (cont.-)

  5. rotnflesh says:
    First, you send a Notice of Conditional Acceptance stating that you would pay a debt in full upon assurance that the creditor would return the original instrument of indebtedness in it’s original form. They cannot do this, since they split the title/deed of the debt with a third party interloper (which nullifies any claim they may have).

    Second, you maintain honor and put them in dishonor when they do not discuss your terms or agree/amend them; they will only ever send invoices.

  6. rotnflesh says:
    Either locate a lawyer working pro bono who will take up your case (they seem very interested because of the nature and potential win situation of these cases now) and petition for regress of grievance in a court of record (you must ask for that specifically).

    It is ALWAYS best to offer to settle a conflict out of court, but never unilaterally: ALWAYS set your own conditions.

    The Notice of Dishonor route is a conditional acceptance strategy.

  7. rotnflesh says:
    @argelialeiva07 If only you had found my remark earlier and posited a query before now, we could have gone through the notice of dishonor route, preventing the bank from inserting a claim.

    Perhaps it is not too late: I refer you to the landmark case U.S. Bank v. Ibanez, MA; Jan 7th 2011.

    If you have a mortgage, the bank most likely does not have the promissory note and the title/deed. Without both, they can not lawfully foreclose on you.

  8. argelialeiva07 says:
    @rotnflesh

    HI, my name is argelia and I have a trustee sale day for january 20th, I want to stop the sale , and i file BK13 but the payment is to hight for me, so a have a creditors meeting on the 19 but I’m not going to show up because of my payment been so hight is going to be dismissed, ..is there other way to stop the sale?

  9. rotnflesh says:
    This is the LAWFUL method:

    File a common law lien stating your principal paid and life experience value in the property and banks won’t touch you again because to SATISFY such a lien would reduce their balance sheet since THEY LOANED YOU NOTHING!

    Simple as that.

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