I know this may come off harsh to many people, especially to my friends and colleagues who are familiar with my involvement with Quiet Title and dedication to educating homeowners about the mortgage fraud taking place against them, but to some degree homeowners are responsible for losing their homes. I may be going out on a limb here by making this bold statement, but some people deserve to lose their homes even if the bank committed a fraud against them. My wife and I purchased our dream home in 2002 and thought this is the home we would be in for the rest of our lives…or at least for the next 7 years until we lost it to foreclosure. And yes, there was major fraud committed against us that we only learned after the fact, but WE STILL DESERVED TO LOSE OUR DREAM HOME!
You might be thinking to yourself, “Why do I deserve to lose my home when the bank committed a fraud against me?” The problem is that so many of us, including myself, ignore the court case until it’s too late. We think some miracle is going to happen and the money will just appear and everything will be back to normal, at least for a few months until the mortgage is back in the red. When my wife and I were facing foreclosure we did what too many people do…we buried our head in the sand worrying and feeling sorry for ourselves. We didn’t even realize how much fraud was in our mortgage until we already moved out of the home and accepted the fact that it was time to move on. After learning what occurred we took back possession of the home and still nearly stopped the foreclosure altogether and turned the case around. But since we had moved an hour away from the property and moved on with our lives, we never appealed the judgment and just let it go.
The bottom line is that you have to respond to a court case filed against you or you will lose every time. I see so many homeowners wait until the last moment to do anything to stop the bank from taking their home and it’s usually too late. It is very difficult to get a judgment overturned, especially a default judgment entered for not responding to the case. So, if you find yourself unfortunate enough to end up with a foreclosure case against you, be sure to be proactive. Read the complaint thoroughly, and if you can afford to hire an attorney do diligent research. Don’t just hire any attorney. Also keep in mind that the attorney can help you facilitate a loan modification but will be less likely to assist in fraud claims or Quiet Title. It makes them unpopular with their peers in court which is why not many attorneys take these types of cases.
When selecting an attorney you should also request copies of trial transcripts and proof of successful pleadings from other cases they have litigated. Otherwise you may be throwing your money away. Many attorneys will even consent to a judgment without your knowledge, basically extending the time of a sale, but giving up all arguments at the same time. They are very sneaky so you need to pay attention to your case at all times. I believe it’s important to educate yourself and to represent yourself if at all possible. Remember, the attorneys and judges are all part of the same club and they are controlling you, even the one standing next to that you paid! And since they are in bed with the banks it is really difficult to get any relief without educating yourself so you can call them out on their game.
The most powerful tool for me over the years in understanding how the public courts operate and learning how to control the court and its judges, is by educating myself with Jurisdictionary. You can learn how to prevail in court from a highly successful trial attorney for just $250…and that includes an honorary law degree. Dr. Frederick Graves, JD put together this incredible training that will teach you how to win against other attorneys and control the judges in your case. Remember, when you represent yourself you can make claims that an attorney can’t or won’t. It’s your home and who better to protect it than yourself? So, while it’s easy to curse the banks, attorney and court system for the foreclosure debacle, remember that these courts have rules and procedures to follow. Just take the time to read them and you’ll be far ahead of the game. Don’t get me wrong, the courts are still crooked and following procedure will not always get you a remedy but following the rules should always be your first objective.
I know this isn’t for anyone, so hiring an attorney may be the only way for some people. If this is the case, just do your due diligence because there are a few good ones our there. I would list a few that I feel are good, but they’ll still likely be people who don’t feel the same way so let’s not open that can of worms! The key is not to ignore litigation because if you respond timely and properly you have a better chance at winning. Don’t wait for a judgment to be filed against you to wake up! I certainly invite some good attorneys out there fighting for the people to offer up some thoughts…