Banks, Collectors, and CRAs Discuss the elimationa of secured and unsecured "debt", as well as tactics for dealing with debt collectors and credit reporting agencies.


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  #1  
Old 09-08-2004, 10:16 AM
detroz
 
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Facing Foreclosure

Help, I'm new to the site and looking for a little guidance. I am facing foreclosure and want to keep my home. The mortgage company that is trying to foreclosue is not the original mortgage company, they bought or were assigned my mortgage from the original mortgage company. I have reading about Land Patents and considered sending a VOD package. To be frank, I'm a little depressed and feeling desperate. Can anyone provide any light on the best course of action. I am determined to keep my home.
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  #2  
Old 09-08-2004, 03:10 PM
onemaster
 
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Facing Foreclosure

Are you facing foreclosure, or have you been sent a notice of foreclosure with a sale date?



Is the notice from the servicing agent (i.e. GMAC) or is it from an attorney on their behalf?



What is the history and status of your verbal and written communication with all parties as of now?



Has your property been properly advertised or not? In the state where I find myself, a foreclosure sale requires four weeks of sequential advertising of a property before it can be made available for sale. Check either the servicing agent's website or that of the law firm. They probably have a foreclosure page. Make them prove it has been advertised properly, or - better yet - prove that it has not without even having to ask. If you ask, they will.



If you do not see your home listed there, assuming you find their listings, then take a snapshot of their website and save the picture for your files. Do this every other day until the issue is resolved.



Free 30-day software trial to make this easy is here:



http://www.techsmith.com/download/snagitfreetrial.asp



If they try to force the sale without advertising, they have broken the law.



If they try to force the sale to collect a debt which has not been validated to the penny and according to GAAP, of course only if you ask for this, then they have broken the law.



If the law firm tries to force the collection of an amount without validating it to the penny, and debt collection is a primary source of their business, then they must obey the Fair Debt Collection Practices Act and all holdings related to it. You will have to know what they are supposed to be doing so you can call them on it, otherwise they may forget. The law firm should also be able to provide you with a copy of an invoice including services rendered for which you are responsible to them directly, otherwise you have no CONTRACT with them. Which means you don't own THEM anything. Unless you make one. This is why they have written you.



I have uploaded a massive amount of case law that applies to the FDCPA. You can find the act itself online and read through it. It's not complex. There are cases in the files I uploaded which hold that law firms collecting debt are "debt collectors" pure and simple and that they must act like every other entity trying to collect an amount allegedly due. They do not get any special treament on the street, like they do in the court room. But you have to know this and how to use it.



Welcome to your new second job! You will find a massive amount of support on this forum.



I have a very full day but I will check back in some time before I go to bed if I possibly can.



Take a deep breath...





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  #3  
Old 09-08-2004, 09:20 PM
wirlwind wirlwind is offline
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Join Date: Oct 2004
Location: Alabama
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Facing Foreclosure

Detroz,



In case you are interested, you can contact Montana (a member of SJ) for info on the Dorean Group which does mortgage termination. I know you can be done yourself, but it is a headache. It does cost some to do it through the Dorean Group, but it takes the HA out of it. I had to borrow the money, but it is worth it to me not to have to deal with it. I've got enough to do dealing with State and federal income taxes and about 5 different sets of attorneys trying to collect credit card debt. That was one HA I didn't think I could deal with. Also Henry Bowman (also a memeber of SJ) is doing a lot with foreclosure, and he may have a lot of info that would help you. You could Private Email those people. Just some thoughts.



Donna
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Old 09-08-2004, 10:07 PM
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charlesa6 charlesa6 is offline
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Location: Illinois(chi-town)
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Facing Foreclosure

Detroz

Go to your county of record of deed and look up for your land patent pin# or record and insert whatever information in form and file it. That will stop the forclosure.
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  #5  
Old 09-08-2004, 11:18 PM
PJT04
 
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Facing Foreclosure

Quote:
Originally Posted by charlesa6
Detroz

Go to your county of record of deed and look up for your land patent pin# or record and insert whatever information in form and file it. That will stop the forclosure.



HOW DOES THIS STOP THE FORECLOSURE? COULD YOU ELABORATE?

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Old 09-08-2004, 11:21 PM
wirlwind wirlwind is offline
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Facing Foreclosure

I would like to know that also. What information and what form?



Thanks,Donna
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Old 09-09-2004, 12:40 AM
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charlesa6 charlesa6 is offline
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Facing Foreclosure

PJTO4,WHILWIND

Land patent: will tell you what has been set down as your rights to your land. These rights conveyance from assignee to assignee,owner to owner and cannot be changed. These right are between you and the Federal government and no other party involved.To obtain your land patent you need a copy of your property description in full. Check with Bureau of Land Management in your state or local.

If you live in any of this state you can obtain a copy online:MN,WI,MI,OH,IN,IL,MO,AR,MS,AL,LA,FL.

http://www.glorecords.blm.gov/

These land patent give you the right of title to the land.You have to obtain the copy first see what it's says,because the real estate can insert that right too before you.If is not there you can insert your name there.

I hope this help you.

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  #8  
Old 09-09-2004, 07:28 AM
detroz
 
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Facing Foreclosure

Thanks for the input. I will look into the Land Patent and the other advice. I will keep you posted.
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  #9  
Old 09-29-2004, 09:36 AM
Dnepr
 
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Facing Foreclosure

Last I heard a few days ago, is that Dorean is no longer accepted people who are in foreclosure.
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