There is a new trend taking place in courtrooms and judicial chambers around the country. More and more judicial districts are requiring that mediation take place before any judgment of foreclosure will be entered. However, the catch is that the judge will only order mediation in cases where the foreclosure becomes contested. But what exactly makes a foreclosure contested?
In order for a judge to find a foreclosure to be contested, there must be a genuine issue of material fact in dispute. You will need to file various motions, affirmative defenses, and affidavits in oppositions. If you are a non-attorney and dont know how to produce the forms that you need in order to create a contested matter and stop your foreclosure, they are provided for you as an attachment to the Foreclosure Defense Secrets eBook. Save your house, stop the foreclosure, dont waste thousands of dollars on legal fees. Visit www.ForeclosureDefenseSecrets.com for more information.
This video is very accurate. While the person being interviewed is a realtor in Southern California, he does summarize the relationship between the banks and the borrowers quite well. The bank doesn’t want your home. They want you to figure out a way to make payments, even if the payments are discounted. The problem is that a foreclosure can move very quickly, if unopposed, and a loan modification or short sale can take a very long time. It is up to you to delay the foreclosure through legal opposition for long enough to get something worked out with the bank. Learn how to accomplish this goal at www.ForeclosureDefenseSecrets.com.
Judges have been leaning more towards granting mediation in cases where the foreclosed property is owner-occupied. In order to have mediation granted, the borrower must file a Motion for Mediation with the court prior to the foreclosure hearing. The judge will then enter an Order granting mediation and ordering the mortgage-holder or representative to attend the mediation in person. The lender can be sanctioned or have the foreclosure suit dismissed without prejudice for failing to attend the mediation.
At the mediation, the borrower needs to bring full financials with them including proof of employment, bank account information, and other proof of what they can afford to pay each month. The lender must send someone who has the full authority to make a deal at the mediation. The mediator must report the result of the mediation to the Court within 10 days of the mediation. No notice for trial, motion for default judgment, or motion for summary judgment can be filed until the mediation has been held.
If you own a property that you rent to tenants, or if you are a tenant whose landlord is facing eviction, dont let the foreclosure process pass by without you protecting your rights. There is a way for tenants to avoid eviction and for landlords to still collect rent. They key for the tenant is to immediately work out a payment plan with the landlord to where they will pay a discounted rent to the landlord for any period during the lease where the landlord is unable to make the mortgage payments. The key for the landlord is to accept the discounted payments and use the legal system in order to delay the foreclosure for as long as it takes to either modify the loan, or enter into a stipulated reinstatement plan with the bank. Learn how to make the best out of a difficult situation and save your home from being taken from you. Visit www.ForeclosureDefenseSecrets.com for more information.
While this report is not entirely accurate, some of the information is very true and very helpful. It is not true that you only need to find $35 of mistakes to get your foreclosure suit dismissed and the attorney that expresses that in the clip is known for making false promises and does not have a good reputation among his fellow attorneys. You should also not expect to get your home for free.
However, it is true that you can delay the foreclosure process for as long as you need in order to get a loan modification, short sale, reinstatement, or stipulation agreement completed and keep yourself out of foreclosure for good. It is also true that you dont need to hire an attorney to accomplish this feat. You can do it yourself at almost no cost!
Whose fault is it?There is a lot of blame to go around.After all, there is no one person or entity that could cause such an economic crisis, no matter how hard they might try.As the attorney hired by the banks to execute the foreclosures, I have had the opportunity to interact with all of the possible culprits.
Is it the bank’s fault?Well, there are two banks to speak of in most foreclosure situations; there is the bank that did the lending and the bank that purchased the Note and Mortgage and is now initiating the foreclosure.The bank that purchased the Note and Mortgage as an investment is a victim.They do not want to foreclose.They thought that they would be collecting mortgage payments and that the loan was a good loan.They clearly thought wrong.
Is it the lending bank’s fault?The bank that originally lent the money did so because the borrower met certain qualifications.The bank reviewed the loan application that was filled out by the borrower or the mortgage broker and lent the money based on that application, however they failed to verify any of that information by requesting proof of employment history, credit scores, or income statements.They thought the loan applications were filled out honestly.They clearly thought wrong.
Is it the borrower’s fault?The borrower was looking at a real estate market that was skyrocketing.They figured that they could purchase a house now and sell it later for way more than they paid because real estate is the safest investment and the real estate market would continue to rise.They thought that any loan they would receive today would easily be paid bank with the equity they could pull from their ever-increasing value of their house.They clearly thought wrong.
Who is to blame for the mortgage foreclosure crisis?Everyone.We all thought we were making correct decisions and we were all wrong.No one stopped to take the time to educate themselves before taking these unnecessary risks.The true cause of the massive amount of foreclosures facing the nation today is ignorance.Suffice it to say, our best weapon against foreclosure is education.Educate yourself at www.ForeclosureDefenseSecrets.com.
Sure the President is attempting to reduce the amount of foreclosures, but in reality, none of these plans will have any affect on the falling property values and the foreclosure epidemic as a whole. Most people will not qualify for loan modification. Of those that do, most will be unable to pay their modified rate because the value of their home will still be way lower than the principal amount owed to the bank. Those that choose to file bankruptcy will take the chance that the bankruptcy court judge may reduce the principal owed to the bank, but most judges will choose not to do so and the borrower will be ruining their credit for at least 7 years from filing for bankruptcy. The only way to truly protect yourself from foreclosure is to learn how to use the judicial system and the foreclosure process to your advantage. Learn how to save your home at www.ForeclosureDefenseSecrets.com.
Here is another example of how knowing how to use the judicial system to your advantage is crucial in keeping your house and modifying your loan. Learn how to use judicial discretion to beat the bank and save your home. Discover more at www.ForeclosureDefenseSecrets.com.
If you are faced with the reality that you will be unable to make anymore payments under the obligations of your current mortgage, do not think that you need to move out of your home anytime soon. Aside from the numerous ways that you are able to fight a foreclosure through the legal system, even if the bank is able to foreclose your property with no impediments whatsoever, it can be over a year before the bank forces you to vacate the property. There is no reason to leave any sooner. Of course, with the knowledge gained by reading Foreclosure Defense Secrets, you can stall the foreclosure and live in your house payment free for up to five years. Learn more at www.ForeclosureDefenseSecrets.com.