I first posted here on Loansafe almost one year ago when I was five days away from the sale of my home of 22 years. I'm still in my home, there's still a scheduled sale, I'm still fighting and still learning and have no intention of allowing the bank to take my home.
I was lucky when I first posted to have Freedomwon invite me to read her thread, "My Recent Letter to Bofa", and receive some valuable information on how to stand up to the bank and prevent a sale. Since then I've started my own thread, "Bagels at a Bar Mitzvah", dealing with my experiences with employing legal arguments and exploring strategies for preventing foreclosure.
In most foreclosures taking place there are legal violations but no one's going to volunteer that information to you, not your HOPE counselor and not most lawyers. The banks are counting on your lack of knowledge to let them to take your house, they're counting on you to roll over.
Fortunately this is still America where we have a legal system set up to protect our rights, complex though it may be and those of us who've been fortunate enough to prevent a scheduled sale so far have been studying those laws, exchanging ideas, posting letters we've sent and the responses we've gotten. We are utilizing various state and federal laws to challenge the foreclosure action such as the FDCPA (Fair Debt Collections Practices Act), RESPA, state civil codes, HAMP, investigating he securitization of our mortgages and sending demand letters pointing out robo-signing, procedural violations and citing supportive case law. OK, yes it can get a bit complicated and takes some study to learn but isn't your home and all that you've invested in it so far worth it?
Don't misunderstand me, I'm not saying this is fool proof or likely to result in a free house but by working together and sharing the knowledge we're taking a stand against an injustice that is effecting so many lives.
I'm posting this because I know how helpless it feels when you have a sale date coming up and just don't know what you can do. I wanted you to know there are other options. You're not alone and the truth is you're not helpless.
Don't give up hope, don't give up your right to due process. Stand up for your rights!
Oh and BTW thanks for being here Loansafe!