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HOM INtro #28: Demand Your Note: A Foreclosure Intervention Strategy
 

HOM INtro #28: Demand Your Note: A Foreclosure Intervention Strategy

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Show me the NOTE...

Show me the NOTE

One of the more successful strategies to avert foreclosure has emerged and is being used around the country by both attorneys who are representing clients facing foreclosure and individual consumers who are defending themselves is demanding that the lender/servicer provide the NOTE which demonstrates the party suing for foreclosure has the legal authority to do so.

So simplistic and yet overwhelmingly successful in case after case when it is has been used. Across the country consumers and attorneys (and the courts where foreclosures are processed) are becoming aware that all too often the foreclosing party has NO legal standing—NO right to foreclose.

Securitization has created scenarios where mortgages have been sliced and diced and sold in pieces so frequently NOBODY has clear, RECORDED, unequivocal ownership of your specific mortgage.

Do the research on MERS and the lawsuits and decisions recently on their right to foreclose. Check carefully your paperwork to see if the person who is threatening foreclosure is, in fact, the note holder of record in the recorder office.

In any case, demand the note. A “QUALIFIED WRITTEN REQUEST” is your most effective way to present this demand. Do independent research or get a copy of Webinar Vol. 13 for details on how to proceed.

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    HOM INtro #28: Demand Your Note: A Foreclosure Intervention Strategy HOM INtro #28: Demand Your Note: A Foreclosure Intervention Strategy Presentation Transcript

    • Demand Your Note A Foreclosure Intervention Strategy Brought to you by: Home Ownership Matters Training Institute INtro #28
    • GOAL: To discuss this strategy with enough detail so that you understand why it is being discussed across the country by attorneys and other housing professionals who care about what happens to consumers who are struggling.   It could lead to the solution to your housing problem. Copyright © 2008. Home Ownership Matters, LLC. All Rights Reserved.
    • WHY? Proves that the entity/organization who is demanding payment has the legal right to do so   Laws in most states require a copy of the note to be submitted with foreclosure paperwork   ** Frequently the entity/lender/attorney trying to foreclose on you…   Does NOT have the note Does NOT have the legal standing to foreclose Does NOT want you to know that they do not have the note or sufficient legal standing to take your home Will force their hand and give you the opportunity for a Workout (See Intro #44—Who is the “Real Party of Interest?”) Copyright © 2008. Home Ownership Matters, LLC. All Rights Reserved.
    • When?
      •  
      • You receive notification of a threatened foreclosure
      • You want to delay foreclosure action long enough to try to complete a workout of some kind
      •  
      • When you get tired of losing by default (being jacked around)
      Copyright © 2008. Home Ownership Matters, LLC. All Rights Reserved. SCORE XY Bank: Homeowner 27,985 0
    • HOW? With a Powerful Federal Law   Q W R   Qualified Written Request   Google it today and S T U D Y     For some concrete help: Visit the HOM website Foreclosure and Loss Mitigation section—QWR Copyright © 2008. Home Ownership Matters, LLC. All Rights Reserved.
    • For WHO? Attorney — the head of the firm who sent you default/foreclosure papers   Lender/Servicer — Identified on the paperwork about the default Best Practices   Follow the instructions in the QWR section on the HOM website Copyright © 2008. Home Ownership Matters, LLC. All Rights Reserved.
    • For a Successful Outcome BE RIGHT USE THE LAW BE DILIGENT BE PREPARED Copyright © 2008. Home Ownership Matters, LLC. All Rights Reserved.
    • Resources
      • HOM’s Blog — HomeOwnershipMatters.blogspot.com
      • HOM’s Website — www.HomeOwnershipMatters.com
      • National Consumer Law Center — www.ConsumerLaw.org
      • HUD — www.HUD.gov
      • Center for Responsible Lending — www.ResponsibleLending.org
      • Federal Trade Commission — www.FTC.gov
      • Websites You Might Check Out:
      • http://www.dsnews.com
      • http://www.mortgagenewsdaily.com
      • http://www.implod-o-meter.com
      •  
      • You will probably benefit significantly by viewing these specific real estate nuggets:
      •  
      • Intro #79—Getting Ready to Ask for a Workout
      • Intro # 44—Who is the “Real Party of Interest?”
      •   Intro # 23—Mr. Smitherman—Your Loss Mitigation Connection
      • Intro # 29—QWR—A Powerful Foreclosure Prevention Tool
      Copyright © 2008. Home Ownership Matters, LLC. All Rights Reserved.
    • Partial List of Webinars Offered by HOM Copyright © 2008. Home Ownership Matters, LLC. All Rights Reserved. Vol 01: Getting to the Closing Table   Vol 02: Is it Fraud or “just predatory”?   Vol 03: Brokers: Are Your Agents Putting You at Risk?   Vol 04: PALM—Practical Application of Loss Mitigation   Vol 05: Secrets of a Professional BPO   Vol 06: Fair Housing Vol 07: Seller is the Lender   Vol 08: Short Sale: Not Your Typical Transaction   Vol 09: Foreclosure Intervention: Why Do You Need a Specialist? Vol 10: Buying REO is Risky Business   The BT Series   Vol 11: Buying TIME—When Your Money is Running Out Vol 12: Mr. Smitherman—The Connection for Your Housing Situation Vol 13: Q W R—In Detail Vol 14: Foreclosure: a PROCESS & an EVENT Vol 15: Taking Charge of Your Housing Situation
    • HOM Disclaimer/Hold Harmless Copyright © 2008. Home Ownership Matters, LLC. All Rights Reserved. The material provided is deemed to be reliable and accurate at the time of publication. However, the subject matter is undergoing almost constant change and you should assume responsibility for current research on procedures, policies, guidelines and changes in the law concerning your housing situation. Trainer has relied upon such sources as the National Consumer Law Center but is NOT an attorney. This information is provided as a community service. Please seek legal counsel to address your specific mortgage or housing situation and to determine your rights and responsibilities. Home Ownership Matters, LLC and contributing author hereby disclaim any responsibility or liability which may be asserted or claimed arising from reliance upon the information provided.
    • Survey Copyright © 2008. Home Ownership Matters, LLC. All Rights Reserved. You can take the survey online at: http://www.surveymonkey.com/s.aspx?sm=2M63rhnWI80dBfs72fg_2f_2fQ_3d_3d Or fax this to (Toll Free): (877) 587-4507 Name: _________________________________ Phone: _____________________ Firm Name (If Applicable): ______________________________________________ Address: _____________________________________________________________ City: ____________________ State: ____________ Zip: ______________________ E-Mail Address: _______________________________________________________ I would like to be added to the HOM Distribution List: ___ Yes ___ No I understand that my information will not be sold or shared with anyone other than HOM ---------------------------------------------------------------------------------------------------------- Please let us know if you have any questions or comments: ____________________________________________________________________________________ ____________________________________________________________________________________ ____________________________________________________________________________________ What would you like to see HOM do in the future? (Webinars, courses, e-mails, articles, etc): ____________________________________________________________________________________ ____________________________________________________________________________________ ____________________________________________________________________________________ Thanks for your input, we really appreciate it!