Preventing Foreclosure

Also, if you are a homeowner that cannot currently qualify for a loan modification because you don’t have a job or your current income does not meet the guidelines for a loan modification and you need more time to workout a solution, this information is for you.

Here’s all the good things you should know about these program backed by Federal Law that has helped countless homeowners across the country:

• No expensive lawyer or professional fees. Do it yourself for much less.

• Proven to work in the real world with a 99.6% success rate. The system is backed by federal law.

• Anyone can do this. You don’t need to know anything about foreclosures or real estate. The entire system has been created for average homeowners. Just complete 2 simple steps:

• Works in all 50 states.

• All the needed forms are typically available online with the appropriate government department.

Strategy #1: File a Temporary Restraining Order

A Temporary Restraining Order (TRO) only gives you a short stay, typically 10 to 14 days. Judges almost always grant these.

DO NOT FEEL OVERWHELMED WITH THE PROCESS OUTLINED BELOW

I am going to give you a resource that will coach you through the whole process – without having to hire an expensive lawyer.

FIRST, THE PROCESS (NEXT A LOW-COST RESOURCE)

To file a TRO, you need to first have an open case/civil action. You need to have served the other side with the civil action. You must also notify the other side of your motion for a TRO.

You can notify the other party any of the following ways:
• In person/writing/process server. Serving the notice in their office or presence.
• In writing via certified mail/courier.
• Via Fax or email
• Via telephone. (have a witness)

CAUTION: Be sure to confirm this with your attorney as each state is different.

Here are some rules of the court you must understand:
• With each motion, you need an order. In other words, when you submit a Motion for a Temporary Restraining Order, you must also supply the court an “Order for a Temporary Restraining Order”.
• With each motion submitted to the court, there must be a certificate of service.
• What you give to the Court, you must give to the Defendant. What you give to the Defendant, you must give to the Court.

Elements of a TRO: In order for a TRO to be granted, it must fulfill the 4 elements:
• If the action were to be allowed to proceed, it will cause greater harm to the victim affected (the moving party).
• If in granting the motion, the non-moving party is not caused greater harm in the process.
• Likelihood of success based on the merits. Evidence presented to the court presents the high likelihood of prevailing by the moving party.
• It is in the public interest.

It is for this reason that you must submit an affidavit in support of your motion. In your original petition, you should build enough evidence in support of your case as to convince the judge of your likelihood of success…or enough controversy.

With your affidavit in support of the TRO, you’ve automatically presented superior evidence in support of your case to satisfy the likelihood of prevailing.

Once you file your TRO, you must inform the Court Clerk that you have an emergency and need to have an “ex parte” hearing to have the judge consider your TRO. The Court Clerk will give you a time and date for the next available time the judge can hear your case. Before the judge sees you, make sure you have your Motion and Order ready and SERVED to the other party.

If you have properly served the other party, and you have satisfied the 4 elements of the TRO, you should have very little problem having your TRO granted. Your TRO is only good for 10 to 14 days. Once you have your TRO, you should immediately notify the Trustee and the Defendant.

Order a Preliminary Injunction
If your time is running out before the foreclosure sale date, order a Preliminary Injunction.

A preliminary injunction is ordered by the court to stay the sale until the controversy is sorted out. You will need to file a “Motion for an Injunctive Relief Barring Sale” and an “Order for an Injunctive Relief Barring Sale”.

The injunction has the same 4 elements as the TRO:
• If the action were to be allowed to proceed, it will cause greater harm to the victim affected (the moving party).
• If in granting the motion, the non-moving party is not caused greater harm in the process.
• Likelihood of success based on the merits. Evidence presented to the court presents the high likelihood of prevailing by the moving party.
• It is in the public interest.

Once you submit your Motion, the court can take a while to grant your motion. This is why you need another motion called the “Motion for Shortening Time for an Ex Parte Hearing”.

With any motion, you also need an order. What you submit to the court, you must submit to the other side. In other words, instead of deciding whether or not to grant your Injunctive Relief in 3 weeks time, the court will agree to hear your motion in a few days.

The point of this hearing is not to plea your case. It is to see if there is sufficient evidence and controversy to grant your motion of Injunctive Relief to allow for “discovery”.

If you have properly served the non-moving party and you’ve satisfied the 4 elements of the Injunctive Relief, you should not have too much of a problem with getting the Injunctive Relief.
Once your Motion is granted, the Judge will sign your Order.
Take your Order, and notify the Defendant and the Trustee.
You should now file it with the County Recorder’s Office.

Unless the Judge stipulates otherwise, this injunctive relief is in place until the outcome of the case is determined.

Appear at the hearing to present the evidence of the controversy (but not argue your case). Eg. “I had a recent securitization audit and uncovered fraud. We need time for discovery to resolve this controversy.”

Summary of your civil action against the lender:
1) File a Civil Action petition/complaint
2) File a Motion for a TRO (and an Order)
3) Notify the other party
4) Notify the Court Clerk that you need an ‘ex parte’ hearing to have your Motion granted.
5) File a Motion for an Injunctive Relief (and Order)
6) File a Motion for Shortening Time
7) Appear at the hearing to present the evidence of the controversy (but not argue your case). Eg. “I had a recent securitization audit and uncovered fraud. We need time for discovery to resolve this controversy.”

If after reading this critical legal procedure to saving your home, you feel that you would like to shorten your learning curve and avoid costly mistakes — and don’t want to spend thousands on a foreclosure defense attorney — then the low-cost coaching resource I found is an ideal option.

LOW-COST COACHING RESOURCE

While doing research on loan modifications and stopping foreclosure, I found a wonderful resource established by a homeowner himself, who was in the same position as you are facing now. He learned how to fight back against his PRETENDER LENDER and won.

He decided to share his knowledge and put together a Foreclosure Defense Coaching Course that walks you through, step-by-step, the legal process I outlined above, along with the forms you need to start the TRO process.

For more information on the coaching program (including a short video on stopping foreclosure) from the author and expert himself click the button below.

CLICK HERE: Foreclosure Defense Coaching Program

P.S. Vince is not a lawyer, he is a homeowner just like you. So he and his course cannot give you legal advise, only legal education.

You are still advised to use an attorney to answer any legal questions and provide legal advice. Use these low-cost legal resources:

LOW COST HELP

Legal help #1:
To speak to an attorney and ask legal questions and get legal advice at low-cost I recommend you get a membership with Pre-Paid Legal Services.

For $26 or less a month you can pick up the phone at any time and speak with a lawyer that specializes in the type of law you need including bankruptcy protection. They will review your documents and much more. I’ve use the service for years. I think of them as my AAA for legal trouble.

Legal help #2:
Contact a local legal aid organization. They provide free or low-cost help. I have seen TV news stories and read articles about some of the good work they are doing to help homeowners fight foreclosure.

Legal help #3:
Find an attorney who offers low-cost services, such as letter writing, that do not require a retainer fee. For example, searching under Legal Services on craigslist, I found one legal service that offers to write letters. Another attorney offered low cost document prep as “Limited scope representation.”

You can keep your costs way down as you legally pursue the lender or loan servicer. Even if you decide to retain a lawyer somewhere down the road, your initial legwork should save you from paying out substantial fees.

And remember, the more knowledge you have about the process, the better you will know what your attorney is doing or should be doing to fight for your rights and remedies. Knowledge is power. Don’t let anyone take your power away again.

Strategy #2: File an Emergency Chapter 13 Bankruptcy

This is the only way to effectively stop a trustee sale in such a short amount of time. This strategy is designed to buy you time if you have let the clock practically run out of time before the sale date.

You will need to complete the schedules and educational requirement within the time frame the law requires.

This strategy has given most homeowners at least another 3 to 4 months of time. Which brings us to an ADDITIONAL ADVANTAGE USING THIS STRATEGY…

During this time, you should prepare your legal defense to challenge your lender to PRODUCE VALID PROOF OF CLAIM.

You see, in Bankruptcy, there is a rule called the Federal Rules of Bankruptcy 3001(d) in which is says:
(d) Evidence of perfection of security interest.
If a security interest in property of the debtor is claimed, the proof of claim shall be accompanied by evidence that the security interest has been perfected.

Here: go read it yourself: Federal Rules of Bankruptcy 3001(d)

What this means is that all the sudden, your lender has to actually prove that they are the real party of interest before they can foreclose.

This is ESPECIALLY effective in California.

Anyway, to file for bankruptcy usually sets you back between $2000 to $5000 (depending on the complexity of your assets). However, I have researched some low-cost legal help you can use instead.

LOW COST HELP

Legal help #1:
I recommend you take advantage of the Bankruptcy Preparation Service also offered through the Consumer Defense Coaching System offered at a VERY GOOD VALUE.

For more information and to order, click the link and follow the instructions below:

CLICK HERE: Bankruptcy Preparation Service

MORE LOW COST HELP

Legal help #2:
To speak to an attorney and ask legal questions and get legal advice at low-cost I recommend you get a membership with Pre-Paid Legal Services.

For $26 or less a month you can pick up the phone at any time and speak with a lawyer that specializes in the type of law you need including bankruptcy protection. They will review your documents and much more. I’ve use the service for years. I think of them as my AAA for legal trouble.

Legal help #3:
Contact a local legal aid organization. They provide free or low-cost help. I have see news stories and read articles about some of the good work they are doing to help homeowners fight foreclosure.

Legal help #4:
Find an attorney who offers low-cost services, such as letter writing, that do not require a retainer fee. For example, searching under Legal Services on craigslist, I found one legal service that offers to write letters. Another attorney offered low cost document prep as “Limited scope representation.”

You can keep your costs way down as you legally pursue the lender or loan servicer. Even if you decide to retain a lawyer somewhere down the road, your initial legwork should save you from paying out substantial fees.

And remember, the more knowledge you have about the process, the better you will know what your attorney is doing or should be doing to fight for your rights and remedies. Knowledge is power. Don’t let anyone take your power away again.