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7 Sure Fire Ways to Beat the Foreclosure process and Save Face

Most people that are facing foreclosure can get easily overwhelmed and feel like nothing can be done to salvage the situation. Millions of families have been in the same boat as you over the past few years. Some people have done nothing, and lost their house. Some families have fought to the bitter end and [...]

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13May2010 | | 4 comments | Continued
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Reality Check on Real Party in Interest / “Produce The Note” Strategy

Contributed by Kevin Chern, Total Attorneys, Inc. Fill out this form for a free foreclosure and bankruptcy consultation with an attorney! Homeowners facing foreclosure are, understandably, looking for hope. News reports of homeowners successfully asserting the “produce the note” defense to stop foreclosure have sparked that hope in many. It seems only logical that a [...]

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8Mar2010 | | 6 comments | Continued
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Anatomy of a Government-Abetted Fraud: Why Indymac/OneWest Always Forecloses

The shocking tale of why IndyMac/OneWest virtually always forecloses — even though it is a HAMP program participant! It all comes down to the sweetheart deal OneWest got from the government when the FDIC shut down IndyMac and sold it off. Once again taxpayers have been far more generous than they know! This article also drops a few hints on potential strategies, for those fighting OneWest/IndyMac foreclosures.

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1Dec2009 | | 17 comments | Continued
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What’s Really Up With Wells’ Option ARMs?

An interesting discussion is going on in the “blogosphere” on the World Savings Option ARM Mortgages that were “picked up” by Wells Fargo with the merger of Wells and Wachovia. The discussion pivots on whether the World Option ARMs are a “ticking time-bomb” for Wells in the short term, or if the “10 year” recast period is going to allow Wells to weather the on-coming storm easier (or completely). Here, I will attempt to shed light on the recast portion of this argument, and hopefully clear up confusion and add to the general understanding of the subject.

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30Nov2009 | | 2 comments | Continued
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HOWTO: Loan Audits and Qualified Attorneys

As co-founder of a Mortgage Fraud Examination firm, I have talked to many of the best auditors in the country. Here is what you should consider before you spend more money towards your legal defense of your home.

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17Nov2009 | | 0 comments | Continued
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Will Option ARM Loans Still Implode?

For the last year and one-half, there have been projections regarding the coming implosion of Option ARM loans. So far, it has yet to materialize on the scale that was projected. What happened to the implosion? When can it be expected? In order to answer these questions, an understanding of the mechanics of the Option ARM must first be acquired.

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26Oct2009 | | 3 comments | Continued
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Forensic Loan Audits – Debunked and Demystified

What is the real story behind audits? This article will try and clear up the subject for better understanding.

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30Sep2009 | | 0 comments | Continued
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The Trouble With MERS

MERS was conceived in the early 1990’s by numerous lenders and other entities. Chief among the entities were Bank of America, Countrywide, Fannie Mae, Freddie Mac, and a host of other such entities. The stated purpose was that the creation of MERS would lead to “consumers paying less” for mortgage loans. Obviously, that did not happen. This article will attempt to explain MERS in very general detail. It will cover a few issues related to MERS and foreclosure, in order to introduce the reader to the issues of MERS. [Note: article contains discussion of recent Landmark vs Kesler decision in Kansas].

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24Sep2009 | | 6 comments | Continued
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Why Aren’t Lenders Doing More Loan Modifications?

Daily, in the newspapers, radio, television and the internet, articles are written about the difficulty that borrowers face in getting loan modifications. At the same time, the Federal Government and the Obama Administration announce new programs to assist homeowners in getting loan modifications. These programs are going to solve the problems that homeowners have, and are going to save their homes. Yet, closer inspection of the program’s details raises. Next, states like California decide to try and pass legislation to prevent homeowners from paying money upfront to loan modification companies and attorneys for assistance in dealing with the Lenders and Servicers. Then, the President even declares that homeowners should not pay for loan modifications and that their lenders and servicers are doing the modifications for free.
Who does a homeowner believe? What is the real truth? This article will attempt to shed some light on the issues. I will focus primarily upon loans that have been securitized.

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26Aug2009 | | 9 comments | Continued
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TILA and RESPA Rescission Ineffective In Real-World Foreclosure Defense

When facing foreclosure, the homeowner is always confronted with the difficult task of researching information to acquaint him or her with what to expect in the coming months. This research will include a number of different subjects covering such issues as the foreclosure process, loan modification, legal statutes, and current trends. Somewhere in the process of researching this information, the homeowner will come across the subject of forensic loan audits and TILA and RESPA. The question then becomes, “What is TILA and RESPA and how can it help me?”

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13Aug2009 | | 6 comments | Continued

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