Have YOU stopped foreclosure on a property?

Bump.

OM,



How many days do you have?



I am working on something, and I have 20 days.



HB

[Jerseee]

onemaster,



Ice always suggests to attack the breach of contract (the fraud). Have you done this?

[Ice]

Originally Posted by onemaster

That's kinda where I am leaning, because in our State (TN), here is the deal:



“<u>The rule of lis pendens provides that, "[d]uring the pendency of an action in equity, neither party to the litigation can so alienate or encumber the property in dispute as to affect the rights of his opponent</u>." Henry R. Gibson, Gibson’s Suits in Chancery § 89, at 85 (William H. Inman ed., 7th ed. 1988). By filing a notice of lis pendens at the commencement of a lawsuit, a plaintiff provides notice to the world of the existence of a pending action affecting the title or right to possession of the subject property. Figlio v. Shelley Ford, Inc., 1988 WL 63497, at *3 (Tenn. App. June 22, 1988); see also Boyd v. Green Farmers Coop., Inc., 1990 WL 198249, at **2-3 (Tenn. App. Dec. 11, 1990); T.C.A. §§ 20-3-101 to -105 (1994).

The initial insight that you had was the correct one. This step is within the law and should stop the foreclosure. The work is actually proving your claim. But, if you delay the foreclosure action by filing suit, begin discovery and demonstrate that you could sway a jury . . . your opponent may offer you a settlement.



Your initial request was how to stop a non-judicial foreclosure -- and you answered that question citing your State law.

Originally Posted by cmastors

I suspect it canbe used to delay the sale for a lot longer than 1 month. I just got the response from the mortgage company ( or should I say non response - basically saying the information requested is privileged) and have fired back a letter asking them to cite evidence and code that allows them to withold the documentation requested. When they don't respond with the information requested it should be easy to get the sale date postponed again. At any rate, I had an interesting comment from the law firm handling the sale when I called to verify that the sale had indeed been called off for the 18th -- they said they were waiting to hear from the mortgage company see if the sale was postponed or cancelled completely. Seems from this comment that some mortgage companies may be quietly walking away... stay tuned. Charlotte

PLEASE KEEP US INFORMED. I HAVE HEARD OF SOME PEOPLE GETTING THEIR FORECLOSURE POSTPONED FOR YEARS. THE PROBLEM IS NOBODY GIVES ANY DETAILS.

ALL I KNOW IS THAT THERE'S A SPECIFIC SEQUENTIAL PROCESS THAT THE BANK MUST FOLLOW IN ORDER TO FORECLOSE LEGALLY. IF THERE'S ONE LITTLE STEP MISSED, THEN THEY HAVE TO START ALL OVER AGAIN.

Originally Posted by onemaster

Charlotte,



I used a similar method nine months ago...they responded with next to nothing. Then silent for about six months. Now out of the blue with a "steamroller" approach. As if there has been no dispute, no issue ever raised. I've sent over 20 pages of paper in the last five days and not a peep.



So - are you all in consensus that even a lawsuit and filing a Notice of Lis Pedens will not actually be able to stop a scheduled sale?



I mean, with all due respect, traffic tickets are one thing. Cool if you win, but not the end of your world if you lose. But the home you live in is the enchilada. And if no one really has a tool for protecting that asset from foreclosure other than BK, I believe I am losing my steam... And I have been in this ring for a couple of years now, with a lot of apparent success in unsecured. For now. That's my sense with all of this. Silence no longer means acquiesence. It simply means they have chosen not to respond until you feel comfy, and then WHAM!!!!



Back to my Complaint... I'm sending a copy to HUD, FTC, Attorney Generals in both states, and the FBI. Why use gloves when they are ignoring the law?



The gloves are off - and the prayers are ON.

AT THIS POINT ANYTHING GOES. LET US KNOW WHAT THE FTC, AG, AND FBI HAVE TO SAY ABOUT THIS.



I THINK IF WE WAIT TILL THE LAST MINUTE TO EXPOSE THEIR FRAUD AND WE'RE FACING FORECLOSURE MOST JUDGES SEE US AS DEADBEATS WHEN IN COURT.

i know u dont wanna hear this, but, save your money and buy something that u can pay off and move on. im looking for some land to put a mobile home on, ive had the big 100,000.00 house and the headaches that go with all that crap. ive had like 10 or more new cars and tha crap that goes with that also. now i have several cars paid off and now im looking to save my money and paying cash for a decent old "trailer" and just trying to stay out them devils faces. lastly, if you tell them devils to just come and take the house from you, you will be amazed at how the whole game will switch to them begging you to keep tha house. they will even try to work something out. this life is all about people trying to make you miserable and if you agree with them, it takes the argument away. just move on man and let them have it. i used to worship and covet my house but i got over it, i hated to move on after my divorce, but, i dont have that financial worry anymore. life is veeery short and there are other things to make you happy.

Originally Posted by kgod999

i know u dont wanna hear this, but, save your money and buy something that u can pay off and move on. im looking for some land to put a mobile home on, ive had the big 100,000.00 house and the headaches that go with all that crap. ive had like 10 or more new cars and tha crap that goes with that also. now i have several cars paid off and now im looking to save my money and paying cash for a decent old "trailer" and just trying to stay out them devils faces. lastly, if you tell them devils to just come and take the house from you, you will be amazed at how the whole game will switch to them begging you to keep tha house. they will even try to work something out. this life is all about people trying to make you miserable and if you agree with them, it takes the argument away. just move on man and let them have it. i used to worship and covet my house but i got over it, i hated to move on after my divorce, but, i dont have that financial worry anymore. life is veeery short and there are other things to make you happy.

I'M GLAD YOU FOUND OTHER THINGS THAT MAKE YOU HAPPY. HOWEVER, WHAT EVER HAPPENED TO THE FACT THAT NOTHING EVER GETS PAID OFF? I THOUGHT WE ALL WERE TRYING TO DISCHARGE BOGUS DEBTS.

we are trying to discharge bogus debts. but look at life this way, let me give u a example. i have children whose mother used to not let me see them for a long time, i was consumed with begging, pleading, going to court, trying to be rational, learning the law, in other words that was a problem because I MADE IT A PROBLEM. i finally said **** it, told my child's mother that yes, she is a better parent than i am and i dont deserve to see my child. guess what happened, they beg me to see my children now. you gotta not let this stuff consume you, agree with your adversary and like ice and jerseee and others are saying, put the ball in their court by making them prove THEIR stance, not YOUR stance on matters. peeace

Originally Posted by kgod999

we are trying to discharge bogus debts. but look at life this way, let me give u a example. i have children whose mother used to not let me see them for a long time, i was consumed with begging, pleading, going to court, trying to be rational, learning the law, in other words that was a problem because I MADE IT A PROBLEM. i finally said **** it, told my child's mother that yes, she is a better parent than i am and i dont deserve to see my child. guess what happened, they beg me to see my children now. you gotta not let this stuff consume you, agree with your adversary and like ice and jerseee and others are saying, put the ball in their court by making them prove THEIR stance, not YOUR stance on matters. peeace

I AGREE WITH YOU ON NOT LETTING THIS BOGUS DEBT ISSUE CONSUME YOU. I TRY TO LEAD A NORMAL LIFE. PERSONAL AND FAMILY THINGS HAVEN'T CHANGED MUCH FOR ME SINCE I WOKE UP FROM THE MATRIX.

I'M STILL LEARNING EVERYDAY. THE MAIN IMPACT THIS "AWAKENING" HAD ON ME WAS THAT IT SET MY MIND AT EASE. NOW I DON'T WORRY MUCH ABOUT LEGAL AND TAX ISSUES.

LIKE THEY SAY, KNOWLEDGE IS POWER.