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Fighting Foreclosure

Fighting Foreclosure

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Want to Stop Foreclosure?

Know how to stop foreclosure.

Know its essential fact elements.

Know how to prove some or all of those elements are missing.

The right to foreclosure stands on two things only: (1) a promissory note and (2) a mortgage (or similar security instrument).

They are not the same!

The Promissory Note

The right to foreclose begins the day you borrow money to buy property and sign a promise to pay the lender all money lender gave seller together with interest.

This document is a contract that stands on its own.

It is separate from the mortgage.

It does not create the right to foreclose.

Only a mortgage creates the right to foreclose.

The Mortgage

At closing you also signed a mortgage (or similar security instrument) giving the lawful holder of that mortgage the right to take title to the property and kick you out if:

  • You do not satisfy the terms of your promise to pay, or
  • You do not satisfy the terms of the mortgage.

It's that simple!

The mortgage alone gives the right to foreclose.

Anyone who tells you otherwise is misinformed.

Your Defenses

To defend use what you learn in this course to get admissible evidence in the record proving any of the following:

#1 - Plaintiff has no admissible evidence the note is in default, i.e., that payments were not made on or before their due date.

#2 - Plaintiff has no evidence any terms of the mortgage were breached (e.g., failure to insure, illegal activities, etc.).

#3 - Plaintiff does not have the original mortgage, nor any admissible evidence it acquired the mortgage rights from lender (e.g., by sale, assignment, or otherwise).

#4 - You did not breach any terms of the promissory note (i.e., all payments of principal and interest were made on time).

#5 - You did not breach any terms of the mortgage (i.e., you kept the premises in good repair, maintained insurance, paid all taxes, did not allow any illegal use of the premises, etc.).

Prove any one of these and stop foreclosure.

Use this case-winning procedure course to win your case!

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