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Mortgage Modification and When to Lawyer Up
Mortgage Modification and When to Lawyer Up
I’ve been qualifying distressed homeowners for almost two years. Since I’m personally reluctant to seek legal counsel for anything, I’m especially fascinated by the REST Report customers that obtain beneficial mortgage modifications without legal co
FOR IMMEDIATE RELEASE
(Free-Press-Release.com) October 30, 2010 --
I've been the proud vendor of the REST Report five months now
and am amazed every day at the spectacular results.
Now, I must believe that he at least had assistance in preparing
the legal documents for court filing, but even that fee was far
less than actually retaining an attorney to appear on his behalf.
The REST Report made his case so strong that he was given a
two week adjournment and specific instructions from a receptive
jusdge as to how to remedy the few small fixes he needed.
The fact is that as the REST Report becomes more widespread
and recognized in courts, more and more distressed homeowners
are going to find the foreclosure defense easier and easier going.
The nation's judges are already making it clear that they are
extremely receptive to reversing any mortgage servicer
shenanigans in an illegal foreclosure. Filing the REST Report
automatically makes a foreclosure illegal. Carelessness or deceit
will not be tolerated. The Foreclosuregate scandal has seen to
that.
Briefly, the REST Report calculates numerous unbiased figures
needed by mortgage servicers and investors to calculate the best
unbiased solution to a distressed mortgage. Those would be a
mortgage modification or a short sale. Although a foreclosure
often benefits the mortgage servicer, it's not their loan or asset.
It is the mortgage investor's asset.
By paying for your own unbiased Net Present Value, or NPV,
calculations; and submitting it as part of your mortgage
modification or short sale application, you make it a legal
document that the mortgage servicer is bound by law to reveal to
the mortgage investor when they audit the mortgage servicer's
files. This eliminates the possibility of the mortgage servicer
adjusting their own NPV calculations to their benefit. It also
becomes an integral part of your court documents, should it
come to that.
Recently, stories are surfacing on the internet that portray all
kinds of nefarious actions by mortgage servicers in bypassing
legitimate mortgage modifications. Almost all of them can be
overcome by mailing the entire mortgage modification or short
sale package by certified USPS mail, return receipt requested. I
have yet to read of a reporter asking if that had been done. The
distressed homeowner needs to forget they ever saw a fax
machine, and ignore the directions of the bank voice on the
phone to fax. That is just an excuse by the bank to walk your fax
over to the shredder.
If you were ever to appear in court in a foreclosure defense,
testimony on your part that you faxed anything would be
immediately ignored. Faxing is not proof of receipt. You can bet
your bottom dollar that whoever signs the postal receipt for your
documents will not walk to the shredder. Your judge, either in a
judicial foreclosure state, or non-judicial foreclosure state, will
not ignore blatant, undeniable foreclosure fraud.
You must very clearly understand that you will never talk to an
authority at your mortgage servicer. They need that degree of
separation to remove the phone communicator should you get
called to court. Even if you were to get the name of the person
directing you on the phone, that person will magically not be
working for the bank when and if you go to court. It's one of
their tricks. Get it through your head that if Robosigner can sign
10,000 foreclosures in one month, they're simply not paying
attention to you. It is mortgage fraud, even though it appears
that if you don't stand up for yourself, it will be allowed to pass.
Ask yourself, how many underwriters (not call center personnel)
could the banks have hired instead of those fat bonuses paid last
year?
You can overcome the possibility that your servicer will foreclose
on you behind your back by calling your county trustee every
month and seeing if your house is on the court docket. Appear at
every court action with your mortgage modification file, ready to
respond and prove receipt by the mortgage servicer. Do what
this guy in San Diego Superior Court did; hand your complete
mortgage modification file to the judge and they'll take care of
the rest.
If any other issue surfaces in your quest for a mortgage
modification or short sale, then it's probably time to get a real
estate attorney. They get your file, including the REST Report,
and they handle whatever rare circumstance your mortgage
servicer has dreamed up. You have saved yourself all kinds of
attorney fees anyway because you did all the research work your
attorney would have charged you.
I can guarantee that our fee for the REST Report is less than
your attorney would have charged you. That's why we
standardized our fees a few weeks ago.
I am a proud vendor of the REST Report. I also have the best
Hardship letter template available anywhere.
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