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| Stop Foreclosure and Tell Us Your Story Trying to stop foreclosure alone can be a painful and a depressing process. This section is where you can unite with other homeowners and let out your questions, frustrations and post your whole story. The more we know, the more we can help you stop foreclosure. No one will be judged or criticized for posting their story. |
This is a discussion on I won this battle,now I am going for the whole war within the Stop Foreclosure and Tell Us Your Story forums, part of the Foreclosure Forum category; Hi I am new to posting but have read this forum for some time. I have spoken to Marshall his ...
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| Member Join Date: May 2008
Posts: 5
Nominated 0 Times in 0 Posts TOTW/F/M Award(s): 0 | I won this battle,now I am going for the whole war Hi I am new to posting but have read this forum for some time. I have spoken to Marshall his team do return calls and so does he, he is very kind sounding and seems an honest man. Just my opinion I heard of him on this site and called him for the help I need so badly. I am in total disarray at this time, confused and I just cannot seem to get out. I have an on going foreclosure and I need so much to save my family’s' home. From short sale to Promissory notes and MODs' now predatory lending I cannot seem to work in peace and make money. |
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| | #2 (permalink) |
| Member Join Date: May 2008
Posts: 5
Nominated 0 Times in 0 Posts TOTW/F/M Award(s): 0 | 12 months ago and running 12 or more months ago I was summoned to court for summary Judgenent.In my answer I demanded the Promissory note and other demands. The Lawyer for the bank did not show. I began to read this and other sites looking for help. I entered a MOD discussion with the lender but they lost interest I suppose. I have since in the last few days sent them a Qualified Written Request, they should receive it sometime next week I have another letter waiting to be posted where I am requesting other information. But today I have concocted this rant/letter and I needed an opinion on its content and if it is ok to send and write. Opinions please? Dear Sirs, I am demanding that you reveal to me the true lender of my Loan. As the time passes I am learning to recognize the fraud you have perpetrated on me and the ways you have used your knowledge and ability to move the court and legal system to defraud and intimidate me and possible other people. I can assure you that may not prevail, your illegal efforts will wind you in a tighter knot and you will become more liable to me with every move you make and even with the moves you do not make. I am almost certain you have no authority and permission to have brought this foreclosure action on me, you caused me to be summons to court, in an action where you have no Standing to do so. You may also have no right to collect mortgage payments or force place necessary Insurance, as for that matter of fact. The mere fact that you did not tell me who my true lender was and is at closing allows me to resend this loan within the 3 day period, if and when you do tell me the true identity and other contact information of “this/my lender”. As the time progresses and I become more versed in the workings of my relation to or with you as defined in my contract with you. I am discovering more illegal acts you have committed or are involved in. Agent the company who was the front company for the nominal and true lender or lenders was a company known or assumed by me to be involved in illicit doings. I suggest you rid yourselves of all dealings with them as the liability you have taken on, for no other reason but greed, will cause you to become faced with liability you have not enough imagination of, just my thoughts. I can prove that you have inflated the appraisal and income in my loan. This action Invalidated the stated APR on the TILD. I am very certain that you may have paid other parties on off balance sheet arrangements without my knowing, yet. If and when I do discover this fact as I allege, the information will allow me further recourse with you in terms of damages, a right I reserve. These and many other violations that you have committed on me will all come to be known by me, with time. I demand that you come clean with me once and for all. I need to state that there is no ‘Ghostwriting’ here. I do not have any officer of the court advising me directly or indirectly and I am not paying any such persons or person to advise me or write my ranting for me. In some cases I do cut and paste some ranting from the net, but generally I get my information from many places and in many formats. This grouping of rant is a synopsis of them all. I have also received other information by chance, a friend of mine called me the other night desperate to talk to me, as she had received a foreclosure demand from a Lawyer. I am in no position to help her but I did offer to look at the complaint with her, she does not have the money to afford a Lawyer, as is my position. I went to her home that night and I was very surprised to learn that we had so much more in common than the friendship; we have had for about three decades. To my surprise the same lawyer who has summoned her to court is the same as the lawyer who summoned me; his arguments are the word for word answer I provided to him in my own defense. This information gave me more fire in my gasoline to fight you and therefore I also allege this lawyer is active in defrauding the courts in different counties of South Florida. This I can prove. I am sure if I did a search on the filings of this lawyer I would discover a treasure trove of defenses and wrongdoing by this Lawyer and by you. This sort of activity I am sure would lead me to claim treble damages {if I spelt the word correct} and other damages and fees all of which I reserve the right to collect plus all other damages not mentioned here as allowed by the court, city, federal government and any and all other forms of damages or claims which by ignorance, I do not at this time know. I hope that you take me seriously enough to do your due diligence in this matter. In the past I have been talking to your agents in order to do a workout or MOD, moreover I found the proposition as put forward by you and yours to not be done with my interest at hand. I was totally willing to do this MOD at the time but the agents seemed to be not as willing as I was. This is not to say that I am not at this time willing or unwilling. The agents were very kind and in many cases very attentive, but moreover the good intentions they displayed did not address the fundamentals of this issue as I see them, and thus has not, to this time/rant come to a conclusive end. I am guessing that that you do not realize the magnitude of the misgivings you plundered on me and you are taking for granted the abilities of a single individuals` willingness to seek action on you in court. This sort of behavior is remiss ant of perpetrators who treat victims with contempt. I have retained a Lawyer, but for the great part I am not in a position to pay him to represent me as I require. If this goes to court I will act per se in the beginning but if and when it gets over my head, I will find a lawyer who I am able to afford and who is willing to fight my case in the style I prefer. I am not clear as to the real reason I am writing you today, in as much as beyond the reasons I have already stated, however you must consider that I will seek every remedy to cause you action in court which results in my favor. In the past I have been the victim of many Mortgage banks, they have plundered my property for its value with out regard for the law and the right of simple people like me. I trusted these crooks with my wealth, thinking as they stated that, they are here to protect me and act as a go between with you and me. I have by these circumstances and others become more hardened to deal with you in an iron fist manner, and I am sure as the days and weeks go by you by your actions and or inactions I would become even more furious to deal with you in court. You may choose to bluff me with your ranting as you are known to take this attitude by your very disposition, be assured the aforementioned will occur. If and when I do get you in court I intend to win and beat you back. Please do the right thing Yours, |
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| Founder Join Date: Aug 2007 Location: Southern California
Posts: 16,888
Nominated 0 Times in 0 Posts TOTW/F/M Award(s): 0 | Re: 12 months ago and running What happened with the talks with Marshall's office..............are you still in touch with them about your situation?
__________________ Moe Bedard Founder LoanSafe.org "America's #1 Home Loan Forum" LoanWorkout.org "America's # Loan Modification Blog" Get My FREE Loan Modification E-Book | Please donate to LoanSafe.org | Loan Modification Training For Attorneys | Rate Your Mortgage ServicerThe comments by me and the materials available at this web site are for informational purposes only and not for the purpose of providing legal advice. Most of the information you find here is easily available on the internet. You should contact your attorney to obtain advice with respect to any particular issue or problem. The opinions expressed at or through this site are the opinions of the individual author and may not reflect the opinions of the firm or any individual attorney. Please Read our Privacy Policy and Legal Disclaimer Here. |
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| | #4 (permalink) |
| Member Join Date: May 2008
Posts: 5
Nominated 0 Times in 0 Posts TOTW/F/M Award(s): 0 | Re: 12 months ago and running Thank you MS ***, for your concern. I have been looking for his email and I am getting closer to be able to talk to him soon. In the interim I am softening up the Lender a bit all on my own. I have spent many hours exploring the options I have and the truth is they are virtually endless if I am to believe what I read and gather. I have great respect for you and Mr. Moe, for the help you have given me to start to understand the magnitude of the fraud done on me but time seems on my hand as the bank has done nothing for some strange reason which is in favor. I actually feel I can suggest other legal defences that victims can bring up with the courts or with their lawers.If you would allow me and do not hold me responsible,I will be glad to help.Thank you very much |
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| | #5 (permalink) |
| Founder Join Date: Aug 2007 Location: Southern California
Posts: 16,888
Nominated 0 Times in 0 Posts TOTW/F/M Award(s): 0 | Re: 12 months ago and running Unfortunately on this forum, you can not post what could be minconstrued as legal advice in members threads......... as we have an attorney for members to contact when requiring help that is legal in nature or with document reviews to uncover violations and predatory lending practices.... Law Offices of Gregory A. Paiva & Associates 1325 Corona Pointe Court Corona, California 92879 Telephone (888) 432-6634 Facsimile (951) 860-4763
__________________ Moe Bedard Founder LoanSafe.org "America's #1 Home Loan Forum" LoanWorkout.org "America's # Loan Modification Blog" Get My FREE Loan Modification E-Book | Please donate to LoanSafe.org | Loan Modification Training For Attorneys | Rate Your Mortgage ServicerThe comments by me and the materials available at this web site are for informational purposes only and not for the purpose of providing legal advice. Most of the information you find here is easily available on the internet. You should contact your attorney to obtain advice with respect to any particular issue or problem. The opinions expressed at or through this site are the opinions of the individual author and may not reflect the opinions of the firm or any individual attorney. Please Read our Privacy Policy and Legal Disclaimer Here. |
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| | #6 (permalink) |
| Member Join Date: May 2008
Posts: 5
Nominated 0 Times in 0 Posts TOTW/F/M Award(s): 0 | I won this battle,now I am going for the whole war went to court for summary Judgment today as per se. I used the education provided on this site and or others and it worked. I do not however encourage anyone to this as it is a very hairy thing to do.The bank did not allege that they had the note and did not have its assignment. The case hearing lasted 5 mins I swear. The Lawyer for the Bank was stunned. He was left with his mouth opened.They will come again in 6 months or so I am guessing. |
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