Have YOU stopped foreclosure on a property?

Has anyone on this board actually been able to stop non-judicial foreclosure process themselves?



Using any of the tools outlined in this library?



I need more than theory, as much as I am a theory-junkie too, I need some freakin' results. And the clock is ticking...



Anyone?



Thanks -

Chapter 13 or Chapter 11.



I am deciding now.



Either way, they are ALL contested debts.

Hm... That's not very inspiring. And once under a Trustee's care, ALL assets are litterally in the hands of the "State" - right? You would only get to continue to enjoy the use of them if you are proven capable to do so. If that is the only card to ultimately play, then why bother with any of this? I could have filed 7 a year ago and been that much further down the road of repairing credit, etc.



What about Lis Pendens and an actual suit for Conspiracy in a Scheme Or Artifice To Defraud?



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).



And I have quite a bit of proof to support my claim - but I will need to file it TOMORROW...



Thanks for the response!

[iamfreeru2]

There is no one on this site that I am aware of, but may be wrong, that has stopped a foreclosure. My wife and I tried to discharge the alleged debt on our home for 18 months and the only way we are able to stop the foreclosure at this point is Chapter 13. My wife will be filing on Tuesday to stop the foreclosure sale on Thursday. We have not given up, however, and will be looking for answers. There is an answer and it will be found. One of the problems is the courts protect the banks and it is very difficult to win. It is also difficult to get a void judgment in the present system, as some on this site are finding out.



iamfreeru2

I was able to postpone a trustee sale on our property using a RESPA (Real Estate Settlement Porcedures Act) letter. Sale was postponed from 10/18/04 to 11/17/04. I can provide more details if desired. Charlotte

[iamfreeru2]

Charlotte,



I forgot about that. I was offered one of those letters to stop our foreclosure sale for about a month, but did not know what to do after that so we decided not to spend $250.00 for the letter. That is what we would have been charged and was told it is normally $500.00. I hear it is very effective though.



iamfreeru2

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

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.

[leatherlips]

While I tried to fight the foreclosure process in the curupt courts that will take any little scrap of unverified paper from the MC as evidence of a debt, and ignore every court case you may have ( Credit River, and Ashley case from Texas) I couldn't prevail against the crooks. I sold the place before the foreclosure to one of the many valtures that were comming around when they spot a wounded prey. An interisting thing happened at the closing. I had put a UCC lien on the property according to the cracking the code 3 book, and at the closing I was asked to sign a relese form to drop the claim on the property. When I asked some questions, the Title company rep wouldn't answer any thing I asked about the UCC lien I had put on the property. Nothing. It was an interesting moment, that even my wife made comments about as we drove home. There was something about that lien that they were not comfortable with that makes me wonder just how much trouble it would have caused if the property had gone through the foreclosure process. I just don't know, but I do know it brought a cloud in to the picture that had to be delt with for them to get a clear deed to the property. Any thoughts?

So - that's a count of precisely zero success stories outside of a process like the Dorean Group uses...and all this talk of land patents/lis pendens is apparently just that? I'm tempted to get discouraged here...



Any other thoughts? Moderators? Seasoned vets?