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You have a wealth of knowledge on the subject, that WILL benefit at least one other fighter, ME. I guess the good news is I think Stopa is close to getting a written Opinion. I heard that argument when the judge asked him that question. The FHA face-to-face defense has more meat than paragraph 22 or the NOI. Homeowners should not have to pay to fight an appellate battle time after time after time. People may not be posting, patZZ, but they are reading the thread. Please list the dates that any of the HUD mandated servicing requirements found in 24 CFR 203. Admit that Plaintiff failed to have a face to face meeting with Defendant before three full monthly installments were unpaid as required by 24 CFR 203. Admit that Plaintiff did not comply with the HUD loan servicing and loss mitigation requirements pursuant to 24 CFR 204, Subpart C. Admit that special loan servicing requirements required by the Sec of HUD and codified in the Code of Federal Regulations are incorporated into the terms of the mortgage and note, at issue in the instant case.
I would break down the 1st rog into separate rogs for each mandated activity. State the date Plaintiff sent a certified personal loan in usa letter to Defendant to attempt to schedule a face-to-face meeting pursuant to 24 CFR 202. Now, the loan history admissions could be interesting. Since I presume your point would be that the new creditor is owed nothing? The fast short term loans court is not gonna allow a pro se or probably not even an attorney to defeat the foundation of the DASP program, or to defeat the premise of buying and selling debt period. You have a whole lot of issues that could be fought. I would focus on the ones where I would have some chance of winning. How can I be in default, when a payment was mas made (by Uncle Sam), that post dates the date of default. How can I be in default, when a payment was mas made (by Uncle Sam), that post dates the date of default. Yeah but that is exactly what happens when any debt is sold. Under your theory, are you implying that the new creditor would have no right to collect the debt it bought? I could never see a NJ judge ruling against the lender in this instance.
When it comes to a delinquent borrower, they want to give the home back to the bank. Even when it happens to them they want to hide it from the world because we have been conditioned that it is wrong to not pay your mortgage. We can not believe that mortgage companies are bad. I will live in this house til the day I die because I never want to go through financing ever again. I will never drive a new car again unless I can pay cash. I am not an attorney and my comments should not be used as any type of legal advice. Seek your own attorney in your own state to best protect your rights.
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There is the extenuating circumstance program however it can be extremely difficult to qualify for. If you happen to qualify for extenuating circumstances you may be able to purchase a new home one year after foreclosure.
This is going to be the most flexible program post foreclosure but is only available to certain active duty or retired military.
There are many different options when it comes to finding financing post foreclosure.
These touch the surface of what is out there and what I have found to be the best programs in the market today. First you must ensure that Conventional, FHA, USDA, VA are not eligible products before opening the door to portfolio. If portfolio is somehow not an option due to income qualifying or other factors at that point you would want to consider Hard Money financing. Do whatever you can to avoid Hard Money as the terms are not very favorable, in some cases require balloon payments and have pre-payment penalties.
Since 2007, the LoanSafe forums have helped millions of homeowners over the last 13 years either save their homes with a loan modification, obtain payday loans austin a short sale, forbearance, or walk away legally from their underwater mortgages. I really wanted to help people, but only if people want to be helped. I think much is lost though when signature loans san antonio there are too many subforums going on off the boards because we lose the benefit of feedback and interpretation from others, and vice versa. We all should be cautious what we post at all times. So short term loans if the judges are reading the blogs, then we know the mills must be reading them. But that was a case where the poster was seriously over-the-top. Another win in the NY Appellate Court on the FHA face-to-face defense.
Our courts and judges make our legal system look like a big joke. Another win in the NY Appellate Court on the FHA face-to-face defense. Our courts and judges make our legal system look like a big joke.
The loan was never properly accelerated so all of the fees and INTEREST and such get wiped out. The entire balance of the loan is now not due, however what do you do now?
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There have been countless losses - even where the homeowner had counsel.
One of those is that it payday cash advance loans what is cash advance should not be pleaded as a condition precedent.
There are several courts that have said this defense is an affirmative defense, not a condition precedent. So it should be pleaded both ways just in case, there is case precedent in the state where that issue has already been resolved. IMO, it is error for the court to find it to be an affirmative defense. I think I have read and saved all the cases using this defense that are online. HUD has a punishment for the lender in terms of the lender failing to abide by HUD regulations, but that punishment has nothing to do with the homeowner.
I Most cases with this defense are resolved at the appellate level. Its a shame that a pro se homeowner has to layout this entire scenario to a judge or a lawyer.
The main things I feel that have to be stressed is that you as the homeowner entered into a contract with a lender, knowing full well that there are a set of rules provided for by HUD that both parties must follow. This is listed three times on my note, and three times on the mortgage. Any lender who purchases the note should understand this. It is not your fault as the homeowner that installment payday loans no credit check the lender or servicer does not understand or know what the HUD rules are. Also, a judge (or court) is not in a position to determine if a homeowner is getting a free house, if that is what they state, then you are not in a court of equity.
Before a foreclosure can take place the note must be accelerated. You can not go from a missed payment straight to foreclosure.
In order to accelerate the note, the face to face meeting (and other things) must take place. The face to face meeting actually has to take place before a certain period of time occurs.
If the lender never has that face to face meeting, however you have been in default for over that period of time, you can NEVER go back in time and cure it.
If banks and payday loans austin servicers where smart what they would do is forgive all of the past debt and pay the lenders all of it through their own funds, and continue the mortgage as if nothing happened. The note would not be in payday loans austin default and both parties can start over from square one.
As far as foreclosure mills are concerned, they know payday loans austin all about this. I have seen documents already from foreclosure seminars around the country on how to try and get around this, and basically their only hope is that proper court procedures were not followed by the defendant.
They know there is no defense to this when properly pleaded. They also know that they are under a much better microscope from the courts, and many mills and servicers are willing to allow a few houses to slip through their fingers vs taking the risk of pissing of the government or the court.
Another HUD regulation often not followed deals with notification when a servicer changes.
A lot of times (as is in my case) my original note and mortgage required me to send my payment to the lender. FHA california payday loans online rules require the new or old servicer to send a letter to the homeowner when the servicer changes and payment goes to a new address. Courts have determined that a bill is not considered a formal letter like HUD wants. In cases like this, the homeowner is not responsible for ANY fees or penalties whether the loan is in default or not. I would ask for both a dismissal with prejudice and without. And state to the judge that since it is impossible to ever accelerate the note the case should be dismissed with prejudice because they can never collect on it. Its a shame that a pro se homeowner has to layout this entire scenario to a judge or a lawyer. The main things I feel that have to be stressed is loan for no credit that you as the homeowner entered into a contract with a lender, knowing full well that there are a set of rules provided for by HUD that both parties must follow.
This is listed three times on my note, and three times on the mortgage.
Any lender who purchases the note should understand this. It is not your fault as the homeowner that the lender or servicer does not understand or know what the HUD rules are.