To all who visit this site,
Lately it seems everyone is waiting until the last minute to get help due to a misguided belief that you can "say some magic words" like "produce the note" or "get a copy of the PSA" from the SEC and present that to a judge, or my biggest pet peeve - some high profile persons are producing an audit report that says "if your loan is assigned to MERS it is void."
STOP BELIEVING EVERYTHING YOU READ ON THE INTERNET
THINK FOR YOURSELF
READ AND RESEARCH FOR YOURSELF
BE PROACTIVE IN PROTECTING YOURSELF
If you want someone to tell you what you want to hear, than you are probably going to hear a lie. People who tell you this is an easy fight, or you say or do one simple thing and you win, are lying to you.
This is the hardest most exhausting fight you will ever fight. You are fighting a corrupt system, corrupt banks with unlimited resources, and if you take amatuer internet advice you will follow many roads that lead you to dead ends. Many people giving advice have lost their own homes. Others are hawking products and looking for victims. I have been silent for far too long about these issues.
If you want the truth and truly want to save your home, believe me there is no simple solution, or magic words. Be prepared as this is a war, with many small battles along the way. Take each one step at a time.
If you chose to "let the sleeping dog lie" as I've heard many times, you will eventually lose your home. If squatting with no resolution is what you want, them that's fine. But if you are paying an attorney or anyone else a monthly fee, they will tell you this is a good strategy. Think about the motives to convince you of this. Are you being asked for a monthly fee for months or years while your case languishs and then when it is time to defend it is too late to do the steps that should have happened months or years earlier. Be careful.
YOU MUST GET YOUR LOAN FILE DOCUMENTS, APPRAISAL, SERVICING RECORDS, ESCROW AND PAYMENT HISTORY.
YOU MUST FIND YOUR SECURITIZATION TRUST, DEMAND THAT THE SERVICER TELL YOU THE NAME, AND IF NEED BE FIND IT FOR YOURSELF.
IF YOU DON"T KNOW THE RULES OR WHO YOU'RE PLAYING AGAINST- YOU WILL LOSE.
If a resolution and restitution is what you want don't spend one minute waiting for something to happen, take control of your situation and take the steps you need to move forward. Gather all your documents from the origination. Go to the County and pull all the records the lender filed and the foreclosure attorney filed.
Demand your complete loan and servicing file from the servicer via a RESPA "qwr." Find your securitization trust. Audit your loan and securitization trust. Notice all parties to the loan and securitization trust including any investors you can find searching the CUSIPS and insurers named in securitization documents. Bring everyone into the mix. Research, research and more research.
File complaints with ALL regulatory entities, attorney general, Office of Inspector General for TARP if servicer or bank has rec'd TARP funds, Consumer Financial Protection Bureau, FDIC ombudsman if the loan is now part of a loss share agreement, your representatives in Congress and FTC. Write the bank board of directors, call the corporate offices, shake every tree and make as much noise as you can. I've seen people who did this get what they wanted. Get everything on the record and demand investigations. Keep track of abusive phone calls, your efforts to contact the servicer, and any other relevant issues.
If you hire an attorney, don't sit and hope that they will do everything for you. You are your best advocate, help your attorney by doing research in your own case. Gather your documents, organize them, and figure out for yourself what valid claims you may have. If you have an attorney that doesn't get, stop wasting your time, find another. No one is going to care as much about your house as you do.
Most important, stop complaining, stop wasting your time waiting for someone else to swoop in and save you, stop being a victim. TAKE YOUR POWER BACK.
You are devastated - tell yourself you are not alone and you will survive no matter what.
You are crying - dry your eyes and do something proactive.
You are depressed- the banks can't take away who you are, your family, our friends, or your life unless you let them.
You are afraid to fight back - tell yourself the worse that can happen is the bank takes your house, which is what they were going to do anyway.
WHAT DO YOU HAVE TO LOSE? NO MORE THAN IF YOU DON'T FIGHT BACK.