Our foreclosure defense story


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Stop Foreclosure and Fight Back.

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Our foreclosure defense story

  1. 1.  <br />Don’t Wait Any Longer<br />Put the Law On Your Side<br />The Real Estate Rescue Group<br />Can Help!<br />www.RealForeclosureDefense.com<br />310 953 3963<br />
  2. 2. You Now Have a Viable and Affordable Option to<br />Foreclosure…<br />Fight Back…<br />
  3. 3. Are You Facing Foreclosure?<br />Refinancing is not an option if your credit score is too low and in foreclosure.<br />Cure the Default—if you could do that you wouldn’t be in Foreclosure!<br />Litigation—Is not realistic for most homeowners because it can take years and cost a hundred thousand dollars<br />Sell/Short Sale— Home prices have dropped so much you owe more than the house is worth<br />Negotiate— Why renegotiate a new loan with the Bank that sold you a BAD LOAN. Negotiations help the Bank, NOT YOU.<br />Walk Away— Why walk away with no money, bad credit and a possible deficiency judgment?<br />Bankruptcy will ruin your credit for 10 years<br />
  4. 4. Now You Have Options<br />At a Price <br />You Can Afford<br />
  5. 5. Foreclosures Hit a Snag for Lenders<br />By GRETCHEN MORGENSON<br />Published: November 15, 2007<br />A federal judge in Ohio has ruled against a longstanding foreclosure practice, potentially creating an obstacle for lenders trying to reclaim properties from troubled borrowers and raising questions about the legal standing of investors in mortgage securities pools.<br /> <br />Judge Christopher A. Boyko of Federal District Court in Cleveland dismissed 14 foreclosure cases brought on behalf of mortgage investors, ruling that they had failed to prove that they owned the properties they were trying to seize. <br /> <br />The pooling of home loans into securities has been practiced for decades and helped propel real estate prices in recent years as investors sought the higher yields that such mortgage trusts could provide. Some $6.5 trillion of securitized mortgage debt was outstanding at the end of 2006.<br /> <br />But as foreclosures have surged, the complex structure and disparate ownership of mortgage securities have made it harder for borrowers to work out troubled loans, in part because they cannot identify who holds the mortgage notes, consumer advocates say. <br /> <br />Now, the Ohio ruling indicates that the intricacies of the mortgage pools are starting to create problems for lenders as well. Lawyers for troubled homeowners are expected to seize upon the district judge’s opinion as a way to impede foreclosures across the country or force investors to settle with homeowners. And it may encourage judges in other courts to demand more documentation of ownership from lenders trying to foreclose.<br />
  6. 6. <ul><li>Promissory Note
  7. 7. This is what you Owe
  8. 8. “Negotiable Instrument”
  9. 9. Like a Check
  10. 10. Notes can be bought and sold
  11. 11. “Holder-in-Due-Course”
  12. 12. Deed of Trust
  13. 13. Collateral Instrument
  14. 14. If you do not pay the Note this is what they Foreclose on
  15. 15. Only the Holder-In-Due-Course can Foreclose</li></ul>2 Parts toMortgage Loan<br />The Lender Must Produce the Original<br /> or Prove They Are The Holder-In-Due-Course<br />Or It Is Fraud<br />
  16. 16. Principle of Law<br />Contested<br />Uncontested<br />Both Parties Must Show Up in Court<br />Present Evidence<br />Judge Decides<br />If Only One Side Shows Up <br />Presumed that Everything they Say or Present is True<br />Affidavit of Lost Note<br />Win by Default<br />Historically in Foreclosures the Homeowner <br />Moved Out and Never Contest the Foreclosure<br />
  17. 17. The Law is the Solution<br />The Problem is the Cost<br />
  18. 18. Our Complaint Against The Lender Is For:<br /><ul><li>Predatory Lending
  19. 19. Violation of Truth in Lending Act
  20. 20. Violations of Fair Credit Act
  21. 21. RICO (Racketeer Influenced and Corrupt Organizations Act)
  22. 22. Personally Liable
  23. 23. Cannot Opt Out of Lawsuit
  24. 24. Treble Damages (X3)
  25. 25. When We File A Lis Pendens (Notice of Pendency of Action – Lawsuit Pending)
  26. 26. The Lender Cannot Hold a Valid Foreclosure Sale
  27. 27. RESPA Violations
  28. 28. The Glass-Steagall Act
  29. 29. CA Civil Code Section 2923.5
  30. 30. Equity Protection Act of 1994
  31. 31. ECOA
  32. 32. The Fair Credit Reporting
  33. 33. Breach of Contract
  34. 34. The Federal & State Unfair Debt Collection Act
  35. 35. Fraud
  36. 36. Unfair Trade Practices
  37. 37. Unfair Lending Practices</li></li></ul><li>What Are You Facing<br />In 111 Days the Home Is Gone and You Have Nothing<br />
  38. 38. Compare<br />With The Real Estate Rescue Group : <br /> Now:<br />Property Stays in Your Name<br />Stay in Home<br />Litigation Agreement<br />Makes Litigation Affordable <br />New Lower Payments as of 10/15/11<br />Below Market Expense<br />Restore Your Credit<br />www.RealForeclosureDefense.com<br />310 953 3963<br />Must move 2-4 months<br />Horrible Credit<br />Security Deposits Wherever You Move<br />Moving Expense<br />Lost Investment<br />Humiliation<br />Deficiency Judgment if you refinanced and took cash<br />
  39. 39. Will Politicians Help?<br />Foreclosure Relief Bill<br /><ul><li>Do I Qualify?
  40. 40. Only homeowners in good standing whose loans are held by Fannie Mae or Freddie Mac qualify.
  41. 41. The property must be owner-occupied and the borrower must have enough income to make payments on the new mortgage debt.
  42. 42. Borrowers can’t owe more than 105 percent of their home’s current value on their first mortgage. For example, if your home is worth $200,000 your first mortgage can’t exceed $210,000.
  43. 43. Homeowners can’t take cash out during the refinancing to pay other debt.
  44. 44. Borrowers have until June 2010 to apply for the program.</li></ul>This is a voluntary Program Banks Choose to Reduce Debt <br />You Decide If This Is A Solution For You!<br />
  45. 45. What Should I Do?<br />If You Can Sell/Short Sale Do It<br />If You Can Refinance Do It<br />If You Can Renegotiate Do It<br />If You Can Pay Your Debt Do It<br />If You Can Stay In Your Home Do It<br />If You Have Equity Do Not Do Our Program<br />If You Have Good Credit Do Not Do Our Program<br />If You Have Other Options Do Not Do Our Program<br />If You Have The Money to File Suit Do Not Do Our Program<br />If You’re At The End Of Your Rope, <br />Its Not Too Late You have Options<br />The Real Estate Rescue Group Can Help<br />
  46. 46. The Backbone Of Our Program…<br />Our Attorneys<br />Our attorneys believe that everyone deserves skilled, experienced and competent representation. They are dedicated to providing high quality legal representation with outstanding personal service. They thoroughly researches all legal issues and treat every client with extreme care. Once our attorney has a clear understanding of the law and your objectives, they passionately represent their interests.<br />Our attorneys understand the hardships and concerns you may be facing due to your complex legal issue. Their firm has handled a myriad of cases covering a wide range of legal matters. When you engage their litigation attorneys and transaction lawyers, you can rest assured that they have the knowledge and resources necessary to represent your interests.<br />Our litigation attorneys facilitate an effective team approach to cases. By pooling their knowledge and resources, they can efficiently provide thorough and concise legal guidance. Our lawyers collaborate and assist each other when necessary or when it is in the client’s best interest. With our Foreclosure Defense Program, you are not hiring a lawyer, you are hiring an entire team of legal advocates.<br />"Law without enforcement is only good advice." <br />Abraham Lincoln<br />
  47. 47. Don’t Lose your Home… Fight Back! <br />Together we can stand up for your Rights.<br />Call now for your Free No Obligation <br />Legal Consultation 310 953 3963<br />www.RealForeclosureDefense.com<br />
  48. 48. Your Choice!<br />OR!<br />Call for your Free Legal Consultation!<br />www.RealForeclosureDefense.com<br />310 953 3963<br />