Stop Foreclosure: How To Know If You Have A Case

by | Oct 6, 2011 | Foreclosure Defense, How To Stop Foreclosure, Prevent Foreclosure, Stop Foreclosure |

Stop Foreclosure: What To Look For

There are many defenses that can be used to Stop Foreclosure due to Foreclosure Fraud and of course they all depend upon what state you live in because the laws can vary.

Many of the options that the Government offer all operate under the assumption that the banks play fair…but often that is just not true.

If you have encountered any of the following you may be able to Stop Foreclosure by using these defenses:

  • MERS (By looking at your chain of title [sometimes referred to as Abstract or Abstract of Title] you may discover that your loan was securitized and transferred to MERS)
  • Breach Of Contract e.g. you entered into an agreement such as a loan modification and then your servicer did not honor the agreement
  • Good Faith & Fair Dealing this is different than Breach Of Contract in that this is more about how the bank dealt with you BEFORE entering into an agreement.
    • An example of Good Faith (or a lack of it) would be taking your application for a loan mod when they cannot negotiate a loan modification due to the fact that they are not the actual lender
  • Robo Signer Looking at your recorded documents may reveal signatures that do not match. This can indicate that proper due diligence was not performed and the Foreclosure was done illegally
  • Quiet Title this may happen if there are multiple claims to the title of the home due to obfuscation through the securitization process
  • RESPA & TILA Violations these are violations that were committed by the original lender or broker when your loan was originated.
  • FDCPA or Fair Debt Collections Practices Act these are violations that occur during the Foreclosure Process as the servicer attempts to collect a debt but does not follow the laws regarding debt collection

In this Video We discuss these 7 Defenses to Stop Foreclosure

If you need to stop foreclosure check out the Foreclosure Defense Guidebook click here to read. It is full of great information on preventing Foreclosure and is written in a very easy to read “Layman Terms” way that prevents confusion or overwhelm.

Get Step By Step help and information with Vince Khan & Consumer Defense Programs