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WHEN A DEFAULT AND FORECLOSURE TAKE PLACE When a mortgage goes into default (or when a servicer PRECIPITATES a default by fraud), the servicer typically orchestrates the foreclosure.  But very often the servicer does this by engaging the servicers of national “foreclosure specialists”, such as Fidelity, FANDO, and or NDex. These institutional “foreclosure specialists” take charge and call the shots. There is also some indication that some foreclosure specialists and/or servicers begin fabricating documents in support of the foreclosure. (see the Chapter on Affidavits and Assignments for a discussion of the fraud being perpetrated.)

JUDICIAL VS. NON JUDICIAL Foreclosures The procedure for handling foreclosure differs in each state.· Foreclosures are controlled by state law. Foreclosures are not federally controlled although there are relevant statutes such as the National Housing Act and relevant guidelines imposed on federally supported organizations such as Fannie Mae and Freddy Mac.· It is very important to understand the differences and know the specific procedure in your state.· Seek out the statutes or the procedures for your state.· Inform yourself of the law and those procedures.· It is not rocket science.· If lawyers can do it surely you can, too.· Included in the Appendix following this chapter is a chart that gives a brief outline of the type of foreclosure procedure in each state as well as the time frame involved. The terms used and timeframes vary from state to state, but the information provides an overview of the different processes.· We have also included in the Appendix following this Chapter a state by state guide to the laws of each state. Example of Timeline: California

Foreclosure Definitions     INTRODUCTION: The Federal Real Estate Settlement and Protection Act (RESPA) gives a borrower certain rights and lays out certain procedures that must be followed by lenders when making home loans. QUALIFIED WRITTEN REQUEST: A Qualified Written Request (QWR) is your legal right to access all necessary information regarding your loan under the Real Estate Settlement and Protection Act (RESPA). DEBT DISPUTE LETTER: A Debt Dispute letter is the necessary document that must be sent to a debt collector in order to properly dispute a debt.   LEARN MORE IN THE The Definitive Guide to Foreclosure Defense

Reasons Why Your Affidavit (Or Assignment) is False or Fraudulent: Following this chapter is a list of the top 200 reasons why an affidavit or assignment is false or fraudulent.  If any of those reasons apply to or are contained in your document then the chances are great that the plaintiff bank has offered an affidavit (or assignment) that can be challenged in court as a fraudulent document.

TESTED MOTIONS, RESPONSES AND DIRECTIONS Regarding foreclosure cases: This chapter is concerned with the Motions that will assist you in defending your case against the plaintiff bank.  Each and every one of the Motions set forth below have been successful at one point or another in a foreclosure case.  The Motions presented within this Chapter are well crafted for specific situations and should be used after careful consideration of the facts of your case.  A good number of the foreclosure cases that we have seen lately are being prepared by a ‘foreclosure mill’.  A foreclosure mill is a law firm that churns out pleading for plaintiff banks with the hopes that no one is paying attention.  A vigorous and empowered challenge to the pleadings offered by these foreclosure mills is the least you can do to prevent the bank from taking your home.

DISCOVERY: DEFINITIONS, TYPES, OBJECTIONS & FORMS DISCOVERY: Discovery is defined as the entire efforts of a party to a lawsuit and his/her/its attorneys to obtain information before trial through demands for production of documents, depositions of parties and potential witnesses, written interrogatories (questions and answers written under oath), written requests for admissions of fact, examination of the scene and the petitions and motions employed to enforce discovery rights.

ANSWERS, AFFIRMATIVE DEFENSES & COUNTERCLAIMS ANSWER: In a civil case, an answer is the defendant's written response to the plaintiff's complaint. An answer is generally required to be filed within twenty to thirty days of Service of Process of the complaint upon the defendant. AFFIRMATIVE DEFENSES: An Affirmative Defense is generally part of an answer to a charge or complaint in which a defendant takes the offense and responds to the allegations with his own charges against the plaintiff for the plaintiff’s perceived wrongdoing.