Announcement

Collapse

Forum Rules (Everyone Must Read!!!) (updated: 04/28/2015)

Welcome to the Bankruptcy Forum. Bankruptcy (BK) Forum is known as BKForum.com and will be referred to as BKF hereinafter. In order to ensure a long term success of our vibrant community, we have established certain rules and guidelines to which everyone must adhere to. Please take your time to carefully read our rules, before you start to participate in the community.

Things you agree to do:
BKFORUM.com (BKF) users agree to use the search function before starting a new thread. This prevents duplicate discussions and allows for better organized topics.

All BKF users agree to read the sticky posts which may be available at the top of a forum page. These Sticky posts often contain valuable information. They may also outline more rules and guidelines specific for that particular forum, stickies are put in place by that forums moderator(s) or admin(s).

Things you agree not to do:

All BKF users agree not to call people names or write a post simply to make a personal attack, or get a negative reaction; this behavior is not allowed on our forum. The use of derogatory language aimed at anyone will be severely dealt with. There is no need to agree with each other, or to even like each other. However, by signing onto BKForum.com you agree to treat each member and guest with the respect they deserve. No threats or personal attacks will be allowed.

All BKF users agree not to discuss, engage, or encourage any behavior or activity which violates the law. Discussion of drugs, violence, murder, theft, vandalism, fraud or any other issue which could be used to help individuals break the law is strictly forbidden.

All BKF users agree not to "bump" old threads, unless there is a specific benefit to the community by doing so. But in most cases, please don't post in very old threads, instead start new threads.

All BKF users agree not to attempt/use another members account. It is against BKF rules to use any account other than your own. Impersonating another member will result in an immediate ban. It is also against the rules to open more than one account in your own name without permission from a moderator or administrator. If you have been banned for any reason, it is against the rules to open another account. If you were banned temporarily and you are caught using another account you will be banned permanently. Choosing a moniker which is similar in either sound or spelling as a moderator or administrator is strictly forbidden.

All BKF users agree not to private message any moderator, admin, or other member with questions related to their personal circumstances (Questions about the forum or issues with the forum are ok). This forum only works when members share their experience and insights with everyone.

Things you agree not to post:
All BKF users agree not to post any derogatory/racist/or sexist remarks. This includes attachments, links and all information contained within posts, signatures, and avatars, failure to comply with this rule will result in a permanent ban.

All BKF users agree not to post any copyrighted or trademarked information without the express written permission of the owner(s) / proper citation of source.

All BKF users agree not to post any real names, addresses, telephone numbers, email addresses, social security numbers, or any other personal details (their own or other people's).

All BKF users agree not to post links, pictures, attachments, videos, or the like of pornographic content, objectionable material or extreme violence, whether cartoon or real.

All BKF users agree not to use BKF for advertising purposes without a written contract between yourself/company/agent and the administration of BKF. Blatant advertising will result in a ban.

All BKF users agree not to spam the forums. Spam includes but is not limited to posting erroneous, non-relevant-useless, off-topic, or meaningless posts. Spam may also include posts which contain no text, or large areas of blank space between lines. Simply posting emoticons without text is considered spam. BKF is the largest bankruptcy message board and all the content is intended to help other users. Please help us improve the quality of our forum by making sure that your posts are well-worded, spell checked, grammatically correct and syntaxed.

Regarding actions of moderators and administrators:

The forum is no place to air out your opinion or be judgmental of our staff and its capabilities.

All BKF users agree not to abuse or mistreat moderators or administrators. It is against BKF rules to post any information regarding bans or any other action taken by a member of the moderating or administrative team. If you wish to discuss bans or warnings please do so via PM. To place a complaint against a moderator, send a PM to a super moderator. All Moderators are equal, any decision made by a moderator must be adhered to. If a moderator tells you something you do not like, do not go to another moderator looking for a different answer. If you are caught doing this you will be banned. The moderators work as a team and respect the decisions made by their peers and will help enforce them unless an administrator tells them differently.
If you have an issue with how the forum is run, then notify one of our administrator and we will look into the situation. We have in the past and still do appreciate any input that you offer this forum. But critical input and/or judgmental postings towards the staff will result in you getting banned.


Should you find a thread offensive or out of line, then notify a Mod in a PM so they can evaluate the situation and do the action deemed necessary.

All moderators do have active "other" lives outside of the forum and help moderate this forum in their spare time throughout the days and weeks.

If you have a problem with a member or Mod follow the proper channels of reporting it.

BKF reserves the right to delete any posts which contain anti-BKF comments or discussion. Any bashing of moderators or administrators, or any of their discussion or actions will also be deleted, and the responsible posting party(s) will be banned. Any public anti-BKF advertising, communication, or posts on another forum will result in permanent bans as well.

All warnings and bans are decided by individual moderators and administrators. Warnings are preferable to bans however, for serious offenses and repeat abusers bans will go into effect. The length of the bans can vary from several hours to permanent.

All messages posted or sent including through PM are the property of BKforum.com.

All BKF users agree not to advertiser on the forum (Niether by posting, private messaging or using your signature). If you are a company/attorney/legal adviser wishing to advertise on the site or sell a product, you must contact the head administrator and inquire about our advertising packages.

All bankruptcy related opinions expressed on BKForum.com are those of their authors and not necessarily of BKF, its staff or representatives.

You agree not to copy any material/post/content from BKF without written permission from our head administrator .

By posting on this forum you agree to these terms and conditions, including any punishment deemed appropriate by moderators or administrators in the event of an offense.

Administrators/Moderators can change these rules at any time without prior notice.
See more
See less

Contesting Foreclosure

Collapse
X
  • Filter
  • Time
  • Show
Clear All
new posts

  • Contesting Foreclosure

    What is involved with constesting a Foreclosure? Is an attorney a necessity?

    Any other options/tips/techniques for stalling the process?

    This is in Florida - Palm Beach County to be exact.

  • #2
    If you are in Florida, you are best finding an attorney that charges a flat fee (about $1,500) and will make the lender prove its case. These foreclosure "defense" attorneys can typically delay the foreclosure by a year (from the notice of deficiency). However, nothing is guaranteed and they will remind you of such.

    The first thing to stall is to absolutely hire this attorney AS SOON as you get your Lis Pendens and let them do their thing. There are many foreclosure "defense" attorneys out there. Some will charge a retainer PLUS a monthly fee. Some will charge a flat rate (retainer) good for so many hours which will typically be enough to get your case dismissed.

    The attorney will ask you what you want in the end. Whether that's negotiating a modification -- which the will do but typically at an additional cost, a deed-in-lieu, or an eventual foreclosure.
    Chapter 7 (No Asset/Non-Consumer) Filed (Pro Se) 7/08 (converted from Chapter 13 - 2/10)
    Status: (Auto) Discharged and Closed! 5/10
    Visit My BKForum Blog: justbroke's Blog


    I am not an attorney. Any advice provided is not legal advice.

    Comment


    • #3
      We've just began to contest as our discharged loan has now gone from BOA to this Resurgent services company.

      Our mortgage began with GMAC, then to Coutrywide who then was taken over by BOA (the worst lender ever to deal with), and now BOA claims to have sold the servicing rights to Resurgent. We are contesting any validity as to who actually ownes the note and who has servicing rights. BOA took over after the loan was discharged and its our firm belief that none of these lenders or servicers filed proper paper work since the GMAC mortgage to Coutrywide, the very last register of deeds shows the Countrywide mortgage being discharged as well as our second with Irwin being discharged.
      Filed Chapter 7 10-2008
      341 Meeting 12-2008
      DISCHARGED 2-2009

      Comment


      • #4
        We plan to do anything necessary to fight and make them prove they hold the note, and that all documents were properly filed and excuted, and were not gonna make it easy. We've done everything we were asked sent loads of paperwork only to be told we don't qualify for a mod and they refuse to explain.
        Filed Chapter 7 10-2008
        341 Meeting 12-2008
        DISCHARGED 2-2009

        Comment


        • #5
          The original note was probably destroyed. Countrywide was notorious for shredding notes.

          Comment


          • #6
            Originally posted by Martha31 View Post
            The original note was probably destroyed. Countrywide was notorious for shredding notes.
            That is irrelevant in Florida foreclosure proceedings. Florida has the "re-establish the note" procedure which allows them to start a foreclosure and affirm that they only had (physical) "possession" of the note when it was lost or destroyed.
            Chapter 7 (No Asset/Non-Consumer) Filed (Pro Se) 7/08 (converted from Chapter 13 - 2/10)
            Status: (Auto) Discharged and Closed! 5/10
            Visit My BKForum Blog: justbroke's Blog


            I am not an attorney. Any advice provided is not legal advice.

            Comment


            • #7
              If you did not sign the lost or destroyed note it becomes very relevant.

              Comment


              • #8
                Originally posted by Martha31 View Post
                If you did not sign the lost or destroyed note it becomes very relevant.
                I don't even know how this post adds anything to this particular discussion. How do "you" -- as defendant -- prove that you did not sign the note? Florida courts are pretty generous with re-establishment of the Note.
                Chapter 7 (No Asset/Non-Consumer) Filed (Pro Se) 7/08 (converted from Chapter 13 - 2/10)
                Status: (Auto) Discharged and Closed! 5/10
                Visit My BKForum Blog: justbroke's Blog


                I am not an attorney. Any advice provided is not legal advice.

                Comment


                • #9
                  Picked up a defense case last month. Get this:

                  Loan was allegedly sold to a non-revocable trust that closed in 2006. They sold the loan in 2012. It was a non-conforming loan. Someone tell me how a closed trust can purchase a non-conforming note. They can't!

                  So who owns the note? I surmise no one does and the loan is now unsecured. The original loan was paid off and the second note wasn't properly securitized.

                  I may be wrong, but heck, they are going to take a year or longer to figure it out. I sent them a cash for keys offer of $50,000. If they are wise, they will take it. If they did add the mortgage to the trust, they have to file 72 months worth of SEC filings late and pay the fine (hundreds of thousands of dollars). Every certificate-holder needs to be issued new 1099s for the last six years and they will have to file amendments to at least six years of tax returns.

                  This is why you hire a lawyer.
                  I am a Pennsylvania Eastern and Middle District Bankruptcy, FDCPA, FCRA and Foreclosure Defense attorney, information I post is based on experience in these districts. It is not legal counsel, consider it friendly counsel.

                  Comment


                  • #10
                    Yes, definitely hire an attorney. At least in Florida, this typically does not stop a foreclosure from happening when the plaintiff (lender) shows up with the original signed note. It could have tax and REMIC issues for the Trust, but there are many loans out there with problems. In a particular bankruptcy court case, a Trustee tried to claim exactly the typical defense. That is, the Trustee insisted that the Trust was ineligible to receive the note, so the note was bifurcated and the loan unsecured. The bankruptcy court judge didn't find that amusing and ruled against the Trustee. The judge, quite aptly, noted that whether standing is an issue is one thing. As to whether the person who mortgaged the property owes "someone"... is another.

                    I can't find the case right now, but may look it up later.
                    Chapter 7 (No Asset/Non-Consumer) Filed (Pro Se) 7/08 (converted from Chapter 13 - 2/10)
                    Status: (Auto) Discharged and Closed! 5/10
                    Visit My BKForum Blog: justbroke's Blog


                    I am not an attorney. Any advice provided is not legal advice.

                    Comment


                    • #11
                      If a trust continued to press for foreclosure, I'd say fine go for it and then contact the SEC. Decimate one trust and the rest will fall in line.
                      I am a Pennsylvania Eastern and Middle District Bankruptcy, FDCPA, FCRA and Foreclosure Defense attorney, information I post is based on experience in these districts. It is not legal counsel, consider it friendly counsel.

                      Comment


                      • #12
                        Originally posted by JimKutkowski View Post
                        If a trust continued to press for foreclosure, I'd say fine go for it and then contact the SEC. Decimate one trust and the rest will fall in line.
                        Many have tried over the last few years. The REMIC issue is a tax issue and so far, no one has been able to get any single trust to pay any penalty. I have not seen one mortgage-backed security (under REMIC) decimated or fall. In fact, thousands have tried this and have failed even in Florida, where many judges will actually listen to a good argument (even during the rocket-docket days).

                        I am very interested in this topic as my loan is part of an MBS pool. I personally tracked it down and it is not in the assigned pool! They did try to foreclose once, while in Bankruptcy (but that was due to me switching which property I was keeping in my Chapter 13), and that's when I noticed that they even put the wrong MBS Certificate Series on the motion. Funny stuff! But, no one went to jail, no fines were paid, the SEC and IRS didn't do anything. Business as usual.

                        I don't really care anyhow. I mortgaged my home and I owe someone, an amount certain. So long as they show up with the "wet-signature" promissory note, and an (recorded) assignment, they are pretty much good to go here in Florida. I'm good with that. I'm good with that because the enforcement of any tax laws broken or skirted, is just that... an enforcement issue. If my mortgage was illegal, then that could be interesting for me.
                        Chapter 7 (No Asset/Non-Consumer) Filed (Pro Se) 7/08 (converted from Chapter 13 - 2/10)
                        Status: (Auto) Discharged and Closed! 5/10
                        Visit My BKForum Blog: justbroke's Blog


                        I am not an attorney. Any advice provided is not legal advice.

                        Comment


                        • #13
                          Originally posted by justbroke View Post
                          Many have tried over the last few years. The REMIC issue is a tax issue and so far, no one has been able to get any single trust to pay any penalty. I have not seen one mortgage-backed security (under REMIC) decimated or fall. In fact, thousands have tried this and have failed even in Florida, where many judges will actually listen to a good argument (even during the rocket-docket days).

                          I am very interested in this topic as my loan is part of an MBS pool. I personally tracked it down and it is not in the assigned pool! They did try to foreclose once, while in Bankruptcy (but that was due to me switching which property I was keeping in my Chapter 13), and that's when I noticed that they even put the wrong MBS Certificate Series on the motion. Funny stuff! But, no one went to jail, no fines were paid, the SEC and IRS didn't do anything. Business as usual.

                          I don't really care anyhow. I mortgaged my home and I owe someone, an amount certain. So long as they show up with the "wet-signature" promissory note, and an (recorded) assignment, they are pretty much good to go here in Florida. I'm good with that. I'm good with that because the enforcement of any tax laws broken or skirted, is just that... an enforcement issue. If my mortgage was illegal, then that could be interesting for me.

                          Well I just filed an objection to a proof of claim against the trust issue. First one in the Eastern District. Will be heard next week. Get out the popcorn.
                          I am a Pennsylvania Eastern and Middle District Bankruptcy, FDCPA, FCRA and Foreclosure Defense attorney, information I post is based on experience in these districts. It is not legal counsel, consider it friendly counsel.

                          Comment


                          • #14
                            Two BOA employees are whistleblowers and have admitted that BOA gave them bonuses and gift cards as an incentive to deny modifications and force the homeowvers into foreclosure.
                            Filed Chapter 7 10-2008
                            341 Meeting 12-2008
                            DISCHARGED 2-2009

                            Comment


                            • #15
                              Originally posted by subking View Post
                              Two BOA employees are whistleblowers and have admitted that BOA gave them bonuses and gift cards as an incentive to deny modifications and force the homeowvers into foreclosure.
                              i just don't understand it? why would they do this? it leaves the bank holding the property no buyers since they aren't lending and people without homes. this is so terrible i hope they all go to hell, really and i know shame on me but i really hope when it comes time to meet their maker they are ready. the millions of people that were hurt by this and while i don't want to get into a political discussion, our government allowed all of this to happen and turned a blind eye on it's people. the same people foolish enough, like ME to vote for them. i'm so ashamed of myself! i almost feel like i'm partially responsible.
                              8/4/2008 MAKE SURE AND VISIT Tobee's Blogs! http://www.bkforum.com/blog.php?32727-tobee43 and all are welcome to bk forum's Florida State Questions and Answers on BK http://www.bkforum.com/group.php?groupid=9

                              Comment

                              Unconfigured Ad Widget

                              Collapse
                              Working...
                              X