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Foreclosure Solutions Hint - Try the New Reclaim Your Property Initiative Tips to Recover Your Home
Now, announcing a new help to stop foreclosure solution, the Reclaim Your Property Initiative for those that lost their homes to foreclosure judgments or sales, or eviction. Have you given up on ever saving or getting your home back? Get Help.
By: Guy Te
Far too often the foreclosure was not done properly, or the loan creation was frothed with errors and mistakes that were not brought out during the foreclosure process by the homeowner, which could have been brought forward and used to help stop the bank from foreclosing.
Even now some may be thinking of doing a deed lieu of foreclosure and giving up your home (for video presentations on deed in lieu option go here http://help-
Don’t let any lull in the storm like lenders suspending foreclosures for a time stop you from pursuing your goal of being proactive to save your home. Because the reality is, the proceeding against your home is likely to start up again soon and this time with you being more in the rears because of the bank’s suspension.
This can cause you to look more in debt to the bank in the court’s eyes, due to the additional months you owe for because of any suspension period. This may make the bank look more like the good guy, unless that banker does not calculate the months of suspension against your alleged debt.
There are millions of homes lying empty, too many of which were taken illegally and without a fight, because the homeowner assumed in error things were being done decently and in order.
Is this the case with you? Were you damaged in the foreclosure process without knowing you were wronged or without knowledge of what to do that could give you a fighting chance to stop foreclosure or set aside the sale?
One court basically said - Sheriff’s sale of mortgaged property based on void judgment, such as judgment entered in violation of constitutional principles and state law, must be set aside. IN RE FRICKER, 113 BR 856 (Bkrtcy. E.D. Penn. 1990)
It may be worth your while to seek foreclosure solutions that can help you win back your home or get damages for its wrongful taking. Here are some tips on what to consider in determining if it may be to your benefit to pick up the matter of your foreclosure again and fight to reclaim your home, or seek damages.
Tip 1: There are Constitutional principles that when violated can void a judgment, a common one is due process. For instance, do you know if you were given proper due process notice during the foreclosure process? Do you suspect that you were not given correct notice? Well, you may have a reason here for your foreclosure judgment and sale to be overturned.
Tip 2: Are there state laws you know or suspect were violated in the creation of your loan or foreclosure process? Did the lender violate your states predatory lending laws or codes against unjust enrichment? Does your state have usury laws that were ignored? Was the statute of frauds violated? Are there other fraudulent activities present in your loan or foreclosure processes?
Tip 3: Many times there is no competent witness in a case, so attorneys are arguing about erroneous facts not properly introduced into evidence. Too many judgments are void for the court never having proper jurisdiction due to this bank error. The banker’s attorney may have made his arguments without a fact witness with first-hand knowledge to verify the truth.
These are but a few tips. There many other issues you can bring up in the fight for your home.
There are time constraints on how long you may have to bring the bank back to court to try and reclaim your home. However, if fraud is involved that may give you what you need to successfully challenge the banker even several years later after the foreclosure and sale.
Of course there are no guarantees except maybe that if you do nothing you get nothing.
It does not have to cost you a lot of money to fight foreclosure and to get your home back or get damages for the wrongful taking of your home. You can do it yourself with some expert help and educational materials like the ones you can get at Help-To-Stop-
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Guy Te is the sole proprietor of Watson Lord & Watson a First Amendment Christian establishment, providing next friend type help, without practicing law, not a bar member, JOHNSON V. AVERY (1969) go to: