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BY: NEIL GARFIELD
BY: NEIL GARFIELD
FLOWCHART OF RECOMMENDED SERVICES
At Lending Lies we routinely speak to people who have been litigating a foreclosure issue for years and still don’t know the basic facts of their case. On average, an attorney will assess the merits of your case in less than two minutes. If you can get his or her attention immediately you have a much better chance of the attorney agreeing to represent you. The attorney, like the court, wants hard evidence that substantiates your claims. The attorney will also appreciate a client who is focused, organized and doesn’t go off on tangents that waste valuable time.
Don’t wait to start building your case until after you retain an attorney. The TERA in fact often helps in obtaining a knowledgeable attorney and enables him to assess your case quickly.
TERA conducts your due-diligence on the entities claiming to own your debt; research who and when they obtained the purported rights; investigate the parties and entities on your documents including the signers and the existence of the alleged trust and whether those parties are licensed to conduct business in your state.
If you keep digging- you are likely than to reveal issues that challenge the named foreclosing party's right to foreclose and undermine the servicer's claim of authority to act.
The services discussed in the order below will most certainly assist you with same: TERA; CONSULT; QWR; DVL; AG; CFBP Complaint; and CASE ANALYSIS. But not all cases are the same and the order in which our services are ordered is frequently changed by the client or their attorney.
Before contacting an attorney to defend against foreclosure, you should have the information and analysis that is contained in the following items in the order discussed below:
We recommend that every homeowner facing foreclosure start with a thorough analysis of the Chain of Title documents, signatures and entities that show up on those documents - Title Encumbrance Report & Analysis (TERA). This is usually a prerequisite for our other services, in addition to the Registration Form shown above. Submission of the registration form is free and the data will not be shared, sold or licensed to any third party. The information will only be used to guide us in providing services you have ordered.
For example, does an assignment of mortgage (or Deed of trust) show execution by an entity that was not in business? Was the assignment was signed by a known robosigner? The lawyers for the foreclosing party already know what they did fraudulently and how to cover their tracks before they set foot in court. Shouldn’t you have some idea of where fraud might exist? By knowing information about the entities claiming ownership of your loan and their weaknesses you have more leverage from the onset --- and traction in the courtroom
The Lending Lies team can conduct an affordable Chain of Title assessment - Title Encumbrance Report & Analysis (TERA) - to determine any breaks in title, robosigning, and ownership issues that cloud title. To date, the Lending Lies team has never found one Chain of Title without significant issues clouding title and evidence that ownership is in question.
The purpose of the TERA is to present a report to a lawyer or judge supporting the facts upon which your defense narrative or claims are based. It serves as a blueprint for your confrontation with a party who is not the actual creditor, lender or even the servicer on the Deed of Trust/Mortgage.
The TERA is used:
The TERA factual report does the following:
The TERA factual report does not do the following:
Now that your Title Encumbrance Report & Analysis (TERA) is complete, the next action you should take is to send a Qualified Written Request Letter to your servicer. A Generic QWR and DVL Letter (RESPA 6 --- Real Estate Settlement Procedures Act) can be purchased by clicking on the link, or if you prefer, a Lending Lies paralegal can help customize a targeted letter for mailing. Instead of a general Qualified Written Request, the Lending Lies team will request specific information that the servicer can't likely provide. The benefit of this service is having Neil Garfield and his paralegal tailor the letters specifically to the findings in your TERA so the servicer is accountable and must answer the questions in your request.
The more information you can receive from your loan servicer, the more apt they are to make errors and provide conflicting information that can help you demonstrate the servicer’s lack of authority and named foreclosing party's right to foreclose. Typically the left hand doesn’t know what the right hand is doing at most servicer’s organizations. The named foreclosing party practically never answers the QWR.
Many homeowners who send a Qualified Written Request Letter will often not receive the information requested and receive information that raises further issues. The servicer’s failure to properly respond sets up the servicer for fines and damages under the Fair Debt Collection laws.
Armed with a Title Encumbrance Report & Analysis, and the Qualified Written Request response, a homeowner facing foreclosure will have a better understanding of what occurred over the course of their loan. Armed with this information, it is much easier to get an attorney interested.
The QWR is Used To:
Now that your Title Encumbrance Report & Analysis (TERA) and QWR is complete, the next action you should take is to send a Debt Validation letter to the purported debt collector. A Generic DVL Letter can be purchased by clicking on the link, or if you prefer, a Lending Lies paralegal can help customize a targeted letter for mailing. Instead of a general Debt Validation Letter, the Lending Lies team will request specific information that the debt collector can't likely provide. The benefit of this service is having Neil Garfield and his paralegal tailor the letter specifically to the findings in your TERA so the debt collector is accountable to answer case specific debt validation requests.
A Debt Validation Letter is a quick and legally recognized way to establish legitimacy before you proceed to negotiate with a debt collector. When a debt collector (not the original creditor) contacts you about an unpaid debt, we always recommend starting with a Debt Validation Letter. Under the Fair Debt Collection Practices Act (FDCPA), that means you send a formal letter requesting that the collector provide proof that the debt is legitimate, that you are the person who legally owes the debt and that the collector has the right to collect the debt. If a debt is fully legitimate, then the collector should have no trouble complying with the validation letter. It makes perfect sense for borrowers to protect themselves legally by asking that debt collectors prove they are legitimate before any money changes hands.
A Debt Validation Letter doesn’t just establish whether you owe the debt, but to whom you owe it and how much. Many debt collection law firms will add fees and interest to the debts they collect, and send letters with unfamiliar amounts. Your validation letter will force them to account for all the money they are demanding and show how they arrived at the new figure. Law firms may try not to include these calculations because they don’t want you to see how much they are adding to the debt in legal fees.
The problem in all of this for debt collectors is that they often don’t have the original contracts and paperwork they need to validate a debt. If the debt has changed hands many times, it’s especially unlikely they will be able to comply with a validation letter. They must respond to the validation letter before they can obtain a legal judgment; using the court discovery process to get the documentation they need to validate a debt will not satisfy the legal requirements of the FDCPA.
The more information you can receive about your account, the more apt they are to make errors and provide conflicting information that can help you demonstrate the foreclosing party's lack of standing. Many homeowners who send a Debt Validation Letter will often not receive the information requested but on occasion receive information that raises further issues.
Armed with a Title Encumbrance Report & Analysis, and the Qualified Written Request and Debt Validation responses, a homeowner facing foreclosure will have a better understanding of what occurred over the course of their loan. Armed with this information, it is much easier to get an attorney interested opposed to calling an attorney and stating, “my servicer is foreclosing on me illegally” without any evidence to support your claims.
Now that your Title Encumbrance Report & Analysis (TERA), QWR and DVL is complete, the next action you should take is to send a Complaint to your State’s Attorney General (AG) and the Consumer Financial Protection Bureau (CFBP) siting to questions that the recipient(s) of your QWR and DVL fail to adequately reply as well as answers that conflict with other information from the same source which will likely be investigated by the AG and CFBP requiring the investigated party(ies) to respond. The response will often times contain conflicting and inconsistent statements that may serve as additional evidence of a pending or post wrongful foreclosure action.
It is critical that the narrative of these Complaints do not unintentionally admit to something against your interest thus requiring the homeowner to seek out competent advice from people like the LendingLies Team who do proper investigation, research and have essential understanding of the process known as "securitization", the role of derivatives, and the law and practice as it relates to mortgages, deeds of trust, promissory notes, the investment banking industry and the lending industry.