Legally Cancel Mortgage Debt by challenging Lender’s Ownership of Debt
- Cancel the Mortgage Note!
- Challenge Foreclosing Lender’s Proof of Ownership!
- Stop Foreclosure
- Halt the Monthly Mortgage Payment
Foreclosing banks are typically unable to produce proof (note) that they are owed money they are foreclosing to recover.
Process:
- Bank makes loan to you to help you purchase property or refinance.
- Bank sells note at discount to be pooled and securitized. (Bank has now been paid off)
- Banks avoid reporting higher losses by not using appropriate (legal) accounting methods for tracking of note sales.
- When banks foreclose on sellers, they rarely have proof that they are owed money they are foreclosing on house on to recover.
- Banks submit lost note affidavits or a copy of the note to courts, neither of which proves they are owed debt. Only the original note proves debt is owed.
- When homeowner’s don’t contest lack of lender’s proof of debt (original note), courts allow lenders to foreclose.
- When homeowner’s do contest lack of lender’s proof of debt, courts have been repeatedly ruling in the favor of the homeowner that the debt is not owed.
Change in Monthly Payments during time period when loan is contested.
Initially you reduce your payments to only taxes, insurance and debt servicing (1% of loan amount). These parties demonstrate “interest” in payments.
Payments are reduced to a small fraction of the total usual payments when paying off loan too.
Case is taken to court, where all parties with interest are summoned.
All parties but lender show up to prove interest.
Lenders not proving interest forces judge to eliminate debt.
The Mortgage is judicially challenged using the following laws:
Attorneys use Fair Debt Collection Practices Act, RESPA, the Civil Code, Code of Civil Procedures, Evidence Code and Discovery to uncover validity of debt and cancellation of the debt.
Federal Judge Boyko Dismisses 14 Foreclosures, 10/07. - New York Times
Judge Rose of the Federal District Court Dismisses 27 Foreclosures, 11/07 - New York Times
Banks Plead They Can't Follow Rules, 01/08 - New York Times
U.S. District Judges ruling in favor of filed Foreclosure Complaints, - Bloomberg
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