Showing posts with label GMAC RESCAP. Show all posts
Showing posts with label GMAC RESCAP. Show all posts

Saturday, December 19, 2020

IT IS ALWAYS THE INNOCENTS. THEY ARE JUST FAMILIES WHO BELIEVE IN THEIR COUNTRY AND ITS SYSTEM OF JUSTICE. I'M SICK OF IT. THE CRIME IS ALWAYS DONE THE SAME STUPID LITTLE WAY. THE DEVIL IS IN THE DETAIL

Each Case Looks Different.  Each Borrower Thinks That His or Her Case Has Special Details of Fraud or Criminal Behavior.  Their Cases Are Not Different. Your Case Is Not Different.

So, Listen Up Kiddos.  Here Are The Details That The Devil Is In (Learn it, Love it, Live it)

"A settled plan to deprive the people of the benefits, blessings, and ends of the contract, to subvert the fundamentals of the constitution, to deprive them of all share in making and executing laws, will justify a revolution.'''  
                                        John  Adams, Novanglus Papers, 1774

When I get a call from a Borrower wanting to talk over their foreclosure situation I always show them that they have nothing new, by showing them a magic trick.  I tell them that I need two pieces of their records to put their case into a timeline.  (See my article "It is a Straight Line" Everything is a Straight Line").

There are basically two sets of records in every case that exist and that have been based on the same set of fraudulent information since 1999.  It never changes.  There is no good reason to think about it.  It makes no difference if your state is a judicial foreclosure state or a non-judicial foreclosure state.  It doesn't matter if there is a server named Ocwen, Greentree, SPS, or the newly discovered Planet Mortgage.  (The real name of a new mtg broker.)

The two sets of records are:

1.) The court docket is the listed items that have been "filed" into your case in the order and the date that they were recorded.  This begins with a lawsuit (sometimes called a Complaint or Petition) and runs until there is an order or ruling which ("appears") to end the case.  In a case filed before 1999, this filed order probably did end the case.  That is not true, but we will get to that.

The docket includes everything that makes any difference which was filed by you, the foreclosing party, and the court.

2.)  All of the instruments, documents, liens, and other "things" that have been recorded by the recorder's office in your county on or against or for the legal description in your case.  If your case is a Federal Court the filed docket is there and the recorded "things of all kinds" affecting the legal description of your property are still at your county recorder's office.

First I will go in the loose order of what I expect I am going to see in every case.

CONTINUE READING


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Wednesday, September 23, 2020

YOU WORKED HARD TO SAVE YOUR HOME FROM FORECLOSURE AND STILL LOST IT OR ARE LOSING IT. WERE YOU DOOMED BY MORTGAGE FRAUD BEFORE YOU EVEN STARTED?.... YEP. I RECKON SO.

BUT, USING YOUR RIGHTS IN THE CONSTITUTION, YOU CAN STILL GET IT BACK! 

Fairy tales are more than true: not because they tell us that dragons exist, but because they tell us that dragons can be beaten.-  

                                                                   G.K. Chesterton

After seven years of doing nothing else, but studying and researching mortgage fraud, I have finally figured out how to tell you how the whole deal worked.

 I have had a dozen epiphanies along the way.  Each time I believed that I had finally discovered the formula of winning cases that should have been winners.

But, in actuality, I had found something very important, but there was another layer just behind it.  Like the way actors describe an onion and how you peel away one layer just to find another under it over and over.

Recently, I got my head around two rather significant issues.    CONTINUE READING

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Monday, August 24, 2020

Blogger will not let me keep going down. So, if you want to see my Posts in a straight line. Click on the title to see MORE POSTS FROM THE FORECLOSURE SOLUTIONS GROUP & DANNY HAMMOND


AS I LISTEN TO WHAT BORROWERS ARE TELLING ME AND AS I READ BORROWER'S POSTS IN FACEBOOK GROUPS, IT IS EASY TO SEE THAT BORROWERS ARE SMART, BUT THEY ARE THE VICTIMS OF FORECLOSING PARTIES 3 MAIN STRATEGIES

















FRAUDULENT FORECLOSURE SALE WITH NO DETAILED ACCOUNTING OF THE DISBURSEMENT OF THE PROCEEDS FROM THE SALE

CONTRARY TO POPULAR BELIEF THE FOLLOWING CALCULATION IS RIDICULOUS MYTH AND LEGEND  “BAD MORTGAGE LOAN” =  “BAD MORTGAGE BORROWER”

MORTGAGE FRAUD: THERE IS NO MAGIC BULLET, TRICKY ANGLE, NOR AN "AHA!" MOMENT. THE REMEDY WAS EMBEDDED IN THE CONSTITUTION BY THE BRILLIANT ANCIENTS

WHAT IF YOUR WRONGFUL FORECLOSURE WAS ALREADY VOID, BUT YOU WERE UNAWARE OF IT?

IF YOU WERE FORECLOSED AFTER YOUR MONTHLY PAYMENT SUDDENLY JUMPED UP DRAMATICALLY, YOU WERE A VICTIM OF WHAT I CALL A CALENDAR ARM

SUBJECT: MORTGAGE FRAUD--I SAY THAT YOU SHOULD SUE YOUR JUDGE, BUT UNLESS I DO IT MYSELF ISN'T THAT ADVICE A LITTLE LAME.?



YOU HAVEN'T THOUGHT ABOUT THE MORTGAGE CRISIS FOR A LONG TIME.  DID YOU THINK IT WAS OVER?  THOUSANDS OF PENSION FUNDS BOUGHT THE WALL STREET MORTGAGE-BACKED SECURITIES BONDS CALLED TOXIC BY FEDERAL RESERVE WHICH BOUGHT THEM BACK AT PAR WITH THE MONEY THEY PRINTED











 MY NEW METAPHOR FOR "MORTGAGE FRAUD" IS A GAMBLING CASINO THAT LETS NO ONE WIN, WITHOUT ANYONE REALIZING IT





SHORT SALE OR DEED IN LIEU OF FORECLOSURE: WHICH IS THE BEST STRATEGY? NONE OF THEM!





































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Tuesday, August 18, 2020

U.S. FORECLOSURE LAWS BY STATE

U.S. FORECLOSURE LAWS BY STATE:
THE FORECLOSURE 99PROCESS VARIES SOMEWHAT FROM STATE TO STATE AND DEPENDS PRIMARILY ON WHETHER THE STATE USES MORTGAGES OR DEEDS OF TRUST FOR THE PURCHASE OF REAL PROPERTY.   GENERALLY, STATES THAT USE MORTGAGES CONDUCT
 JUDICIAL FORECLOSURES; STATES THAT USE DEEDS OF TRUST CON99DUCT NON-JUDICIAL
 FORECLOSURES. THE PRINCIPAL DIFFERENCE BETWEEN THE TWO IS THAT THE JUDICIAL 99999
PROCEDURE REQUIRES COURT ACTION ON A FORECLOSED HOME.

The below table represents our current knowledge of which states use mortgages (judicial) or deeds of trust (non-judicial) or both. The table also includes estimated foreclosure timelines for each state. Please check with your local county government to verify this information. 

Compare all state foreclosure timelines on this simple one-page chart and click on any state name to read about detailed foreclosure procedures for that state.

State         Judicial Non-Judicial Comment Process Period** Publish Sale** Redemption Period** Sale/NTS

Alabama •                        • Judicial rarely      49-74                21                            365                              Trustee

Alaska • • Judicial rarely 105 65 365* Trustee

Arizona • • Judicial rarely 90+ 41 30-180* Trustee

Arkansas • • Both                         70 30 365* Trustee

California • • Judicial rarely 117 21 365* Trustee

Colorado • • Judicial rarely 145 60 None Trustee

Connecticut •   Judicial only 62 NA Court Decides Court

Delaware •   Judicial only 170-210 60-90 None Sheriff

Florida •   Judicial only 135 NA None Court

Georgia • • Judicial rarely 37 32 None Trustee

Hawaii • • Both 220 60 None Trustee

Idaho • • Trustee Sale 150 45 365 Trustee

Illinois •   Judicial only 300 NA 90 Court

Indiana •   Judicial only 261 120 None Sheriff

Iowa • • Trustee Sale Voluntary 160 30 20 Sheriff

Kansas •   Judicial only 130 21 365 Sheriff

Kentucky •   Judicial only 147 NA 365 Court

Louisiana •   Judicial only 180 NA None Sheriff

Maine •   Judicial only 240 30 90 Court

Maryland •   Judicial only 46 30 Court Decides Court

Massachusetts •   Judicial only 75 41 None Court

Michigan   • Non-Judicial only 60 30 30-365 Sheriff

Minnesota • • Non-Judicial mostly 90-100 7 180 Sheriff

Mississippi • • Non-Judicial mostly 90 30 None Trustee

Missouri • • Non-Judicial mostly 60 10 365 Trustee

Montana • • Trustee Sale mostly 150 50 None Trustee

Nebraska •   Judicial only 142 NA None Sheriff

Nevada • • Trustee Sale mostly 116 80 None Trustee

New Hampshire   • Non-Judicial only 59 24 None Trustee

New Jersey •   Judicial only 270 NA 10 Sheriff

New Mexico •   Judicial only 180 NA 30-270 Court

New York •   Judicial only 445 NA None Court

North Carolina • • Non-Judicial mostly 110 25 None Sheriff

North Dakota •   Judicial only 150 NA 180-365 Sheriff

Ohio •   Judicial only 217 NA None Sheriff

Oklahoma • • Judicial mostly 186 NA None Sheriff

Oregon • • Trustee Sale mostly 150 30 180 Trustee

Pennsylvania •   Judicial only 270 NA None Sheriff

Rhode Island • •  Non-judicial mostly 62 21 None Trustee

South Carolina •   Judicial only 150 NA None Court

South Dakota • • Judicial mostly 150 23 30-365 Sheriff

Tennessee   •  Non-judicial only 40-45 20-25 730 Trustee

Texas • •  Non-Judicial mostly 27 NA None Trustee

Utah   • Non-Judicial Only 142 NA Court Decides Trustee

Vermont •   Judicial only 95 NA 180-365 Court

Virginia • • Trustee Sale mostly 45 14-28 None Trustee

Washington • • Trustee Sale mostly 135 90 None Trustee

Washington D.C.   • Trustee Sale only 47 18 None Trustee

West Virginia   • Trustee Sale only 60-90 30-60 None Trustee

Wisconsin • • Judicial mostly 290 NA 365 Sheriff

Wyoming • • Non-judicial mostly 60 25 90-365 Sheriff

 


* Judicial Foreclosures Only

** In days+























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