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Fighting Foreclosure

Fighting Foreclosure

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Want to Stop Foreclosure?

This process is widely misunderstood, however this class clears away any misunderstandings and shows how to stop foreclosure.

Foreclosure stands or falls on two things:

  • A promissory note
  • A mortgage (or similar security instrument)

There are the only two things.

They are not the same!

These two and foreclosure defense are fully explained in this class.

You will know how to stop foreclosure if the party attempting to foreclose does not have a legal right to do so!

The Promissory Note

The right to foreclose begins the day you borrow to buy property.

At the closing (when the deal was made between you, seller, and lender) you were required to sign a promise to pay the lender all money the lender gave the seller together with interest.

This document is a contract.

It stands on its own.

It is separate from the mortgage.

The two are not one.

A promissory note alone does not create a right to foreclose.

That's what the mortgage (or similar security agreement does).

The Mortgage (or other security agreement)

A second document you were required to sign at closing was a mortgage (or other security agreement) that granted the lender a legal right to take title to your property if:

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

The mortgage alone gives the right to foreclose if those two conditions are not met.

It's that simple.

Anyone who tells you otherwise is misinformed.

The Plaintiff

The plaintiff is usually the lender or someone to whom the lender has sold or transfered the mortgage and/or promissory note.

Whether you are being "foreclosed upon" by the lender or someone else who has acquired the lender's right to foreclose, the plaintiff must have in its possession and prove:

  • The Promissory Note and
  • The Mortgage (or other security instrument)

The plaintiff must have both!

Your Defenses

As you learn in this class, foreclosure defense is simply a matter of proving one, some, or all of the following:

  • Plaintiff does not have the original note, nor any admissible evidence it acquired the note from lender (e.g., by sale, assignment, or otherwise).
  • Plaintiff does not have the original mortgage, nor any admissible evidence it acquired the mortgage from lender (e.g., by sale, assignment, or otherwise.
  • You did not breach any terms of the note (i.e., you made all payments of principal and interest on time).
  • You did not breach any terms of the mortgage (i.e., you kept the property in good repair, maintained insurance, paid all taxes, did not allow the property to be used for an illegal enterprise or other use not allowed by the documents, etc.

You will learn how to prove these things and stop foreclosure.

This class is your guide.

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