requesting debt verification from mortgage company

chuckhs12 · #1 10-20-2004, 06:35 AM

I have been reading through a lot of the threads on this forum concerning VOD.

If you sent a verification of debt letter to the mortgage company or any secured loan servicer, should you send a CPN? a BOE?

Is it staying in HONOR by simply requesting VOD with out tendering a form of payment?

Has anyone done a VOD without tendering payment?

Any comments or suggestions is greatly appreciated!

Chuck

Jerseee · #2 10-20-2004, 06:39 AM

Chuck,

If you have been through the threads concerning this issue--then you should know that this seems to be the hard road.

Get with HenryBowman and read soem of Ice's posts concerning this.

Great intense study should be done first--in the meantime, you should ride it out until you have exhausted this area of study.

Good luck

Ice · #3 10-20-2004, 05:11 PM

Research the fraud angle.

#4 10-20-2004, 05:43 PM

chuck,

from what i have read and understand and to keep yourself off the streets with no harm done, send a simple request for verification of debt and see what happens. you never know, they might send you a copy with their fraud written all over it.

dont try to discharge it, so no BoE or CPN, personally from all the bad rep of the BoE, and if you must tender payment do it with a CPN.

if your not being forclosed on, dont screw with em (the banks) unless your ready for a really big headache.

just my thoughts

Ice · #5 10-20-2004, 07:06 PM

droog,

NEVER do any such thing where a mortgage is concerned. NEVER use any type of VOD process with the mortgage. That will surely put you in deep doo doo.

The fraud angle is handled first by letter... a short admin. process. It can then be taken to the next level - court. This would be a breach of contract / fraud approach.

The idea is to 1 ) demonstrate enough knowledge that you can present the facts so that a jury WILL UNDERSTAND all of the "mumbo jumbo" used in the contracts and get a clear picture. 2 ) demonstrate your knowledge of court rules and procedures.

These two things could lead to an offer of settlement by the bank during the discovery process.

If you really want proof that there is something wrong with your mortgage, request to see the original note. Nothing more, nothing less.

Just remember, to take on a mortgage situation will require a lot of study and a lot of courage.

A good place to start your education would be bankhonesty.com. I'm sure others would prefer different processes ( like BoE or CPN etc. ). Just remember, it is your home that you might lose ( keep that in mind that "they" have the guns ).

Ice

#6 10-23-2004, 08:59 AM

Quote:

Originally Posted by Ice

droog,

NEVER do any such thing where a mortgage is concerned. NEVER use any type of VOD process with the mortgage. That will surely put you in deep doo doo.

The fraud angle is handled first by letter... a short admin. process. It can then be taken to the next level - court. This would be a breach of contract / fraud approach.

The idea is to 1 ) demonstrate enough knowledge that you can present the facts so that a jury WILL UNDERSTAND all of the "mumbo jumbo" used in the contracts and get a clear picture. 2 ) demonstrate your knowledge of court rules and procedures.

These two things could lead to an offer of settlement by the bank during the discovery process.

If you really want proof that there is something wrong with your mortgage, request to see the original note. Nothing more, nothing less.

Just remember, to take on a mortgage situation will require a lot of study and a lot of courage.

A good place to start your education would be bankhonesty.com. I'm sure others would prefer different processes ( like BoE or CPN etc. ). Just remember, it is your home that you might lose ( keep that in mind that "they" have the guns ).

Ice

ICE,

I HAVE READ SOMEWHERE ELSE ON THIS FORUM THAT IT'S BEST TO START THE ADMINISTRATIVE PROCESS BY ADDRESSING THE BREACH OF CONTRACT INSTEAD OF MENTIONING THE FRAUD. WHAT'S YOUR TAKE ON THIS?WHICH HAS MORE WEIGHT?

Ice · #7 10-23-2004, 01:06 PM

The breach is the fraud. They claimed they were going to "loan" you something -- they did not. They did an "exchange" -- your valuable note for their crappy toilet paper iou.

The breach is the fraud.

But, yes, approach from the breach of contract angle -- but if you cannot prove the fraud then you cannot prove the breach... and vice versa.

malcolm · #8 10-27-2004, 01:26 AM

why do you say dont do a BOE or a CPN on a mortgage but CC, School debt and others it's ok?

Ice · #9 10-27-2004, 11:12 AM

It all boils down to whether or not you want to keep your home. You can handle a mortgage in a way that you could get their acknowledgement that there was a fraud perpetrated upon you ( by silence ). A simple admin process that would give you justification for filing a claim for breach of contract and fraud.

It is your choice to be "Plaintiff" or "Defendant". . . choose one and deal with the consequences of your choice accordingly.

EnSabahNur · #10 10-27-2004, 11:19 AM

Quote:

Originally Posted by Ice

The breach is the fraud. They claimed they were going to "loan" you something -- they did not. They did an "exchange" -- your valuable note for their crappy toilet paper iou.

The breach is the fraud.

But, yes, approach from the breach of contract angle -- but if you cannot prove the fraud then you cannot prove the breach... and vice versa.

Ice,

What about starting with a demand for the note to be presented for payment. They cannot present what they do not have, therefore they will default on your demand...you can ignore ANYTHING they do other than present it for payment as you have asked. And this is where I believe you issue the "Notice of Default", and then a "Certificate of Dishonor"...which is the same as a judgement that you may take down and remove the lien on your house.