Have YOU stopped foreclosure on a property?

Thanks to everyone for the input and various perspectives. You have all brought various components to mind and I appreciate it sincerely. It's been a HUGE help.



Balance. The final frontier.



I am going to likely move forward with the suit at this point. I've got a little time to pray and think this over, but as of today it's the direction I am leaning. I will keep everyone posted.



Thanks again,



OM

[wirlwind]

OM



I will be praying with you about this. I know how frustrating this can be. Keep us posted.



Donna

Donna, thanks for praying with us. I mean that.



I do believe a solution is already being formulated.



I don't believe that God is in Heaven wringing hands and frightened or out of ideas...He's not surprised by this.



These people attempting to do this to us get to breathe because He is I AM. Just passing through like me.



Trying to keep it all in perspective...



Thanks again everyone.

[charlesa6]

Onemaster keep us posted. May god be with you.

Check out these nuggets, with regard to FOIA and HUD:



All government sponsored enterprises (GSE) are subject to Freedom Of Information Act and Privacy Act requests. See U.S.C.A., Title 5, Sec. 552 Public Information, Agency Rules, Opinions, Orders, Records and Proceedings.



"Federal Home Loan Mortgage Corporation was "agency" subject to disclosure and reporting requirements of this section. Rocap v In****, C.A.D.C. 1976, 539 F.2d 174,176 U.S. App.D.C. 172"



§15.231, et. seq., §15.233 Public records; right to inspect, copy, or receive; Pursuant to §15.231, et. seq., §15.233 Public records; right to inspect, copy, or receive; subscriptions; forwarding requests; file; inspection and examination; memoranda or abstracts; rules; compilation, summary, or report of information; creation of new public record; certified copies.



12 USC Sec. 3754 generally, also more specifically sub-sections (d)(1), Written Designation



Check out the last one in particular. Only the Secretary of HUD can authorize someone as a designated commissioner to oversee nonjudicial foreclosure proceedings, according to that section, and it has to be in writing. A simple expedited FOIA request should prove whether or not such a paper trail even exists. If the paper trail doesn't exist from the Secretary's desk to the person at the court house steps, it apparently is not authorized...which means an even larger number of remedies begin to work in my favor with regard to their misbehavior. I mean how blatant can someone be than to proceed without proper authority - how shocking... It is presumed they are operating under proper authority, until someone asks for the proof. And that is my right.



We shall soon find out.

onemaster - thanks for the info - very interesting, particularly the 12USC Sec 3754 on Written Designation. Anyone have any idea how long it takes to get a reponse from an expedited FOIA request? And, any thoughts on sending a letter to the party holding the trustee sale and requesting their authority? Just wondering if this might work....

The sale date on our property is set for 11/17. I'm waiting for a response from the mortgage company to see if they are going to proceed forward with the sale without answering the RESPA letter or providing me with the legal evidence that allows them to violate RESPA and conceal documentation concerning me. If they are proceeding forward I'll file a chapter 13 to stop the sale.

FYI, the reconveyance on our property was finally filed on October 19 (Dorian Group). I view these extra steps I'm taking as educational as well as gathering more evidence just in case....

Charlotte

cmasters, check your private messages please.

[charlesa6]

One master you have to file chapter 13 before the sale go forward. Once the sale proceed it will be too late to redeem your property.

Originally Posted by charlesa6

One master you have to file chapter 13 before the sale go forward. Once the sale proceed it will be too late to redeem your property.

SEEMS LIKE A LOT OF PEOPLE ARE FILING CHAPTER 13. WHAT DO YOU MEAN BY REDEEMING YOUR PROPERTY?

As of this moment, it looks like CHASE is proceeding forward with the sale on the 17th without a proper response to my RESPA request. No one from the mortgage company (foreclosure research dept) will return my calls regarding my written request for legal evidence that allows them to violate RESPA and conceal documentation concerning me. I was able to talk to a customer service rep who read some of the file notes to me - apparently internal memo's are flying back and forth between CHASE and their legal dept. but they haven't made a decision yet as to whether or not to postpone the sale. So it looks like I'll have to go ahead and file the Chapter 13.

I also called the law firm who is handling the trustee sale and asked for proof of proper authority to conduct the non judicial foreclosure sale and they told me that since this wasn't a HUD loan that they don't need authority from the Secretary to conduct the sale and that 12 USC Sec 3754 doesn't apply. Are they lying to me????

Charlotte