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National City Mortgage Foreclosures – Avoiding Foreclosure – Advice from Michigan’s Attorney General

Discusses the implications of a landmark decision — Landmark National Bank v. Kesler – on 8/28/09 by the Supreme Court of Kansas holding that Mortgage Electronic Registration Systems, Inc. (otherwise known as “MERS”) has no standing to commence a foreclosure action as to a home mortgage registered with it, and that when MERS transfers title to the mortgage the assignee may not get good title to the mortgage, which means that the assignee also may not have standing to foreclose. This is truly a landmark case that is going to be featured in more than half of the defended foreclosures in the US and is a basis for obtaining remedies for wrongful foreclosure by homeowners who have already lost their homes to unopposed judicial or non-judicial foreclosures. This decision is so important that it overwhelms anything the Obama administration or Congress may try to do for mortgage-oppressed homeowners. CEPersVid-35
Video Rating: 4 / 5

Avoiding Foreclosure – Advice from Michigan’s Attorney General

Article by Janet Caldwell

I personally talked to Mike Cox, the Attorney General of Michigan at the DeltaPlex in Grand Rapids, Michigan last week at the February’s Homeowner’s Foreclosure Workshop of 2008. He assured me that the lenders were reaching out and doing their best to help people facing foreclosure. To confirm his statement, he gestured and pointed to about 28 tables representing about 16 service providers or mortgage lenders talking to homeowner’s in foreclosure. Many homeowners came to this event, and one could see people waiting in line sometimes 2 to 10 deep. Others were filling-out cards to have a lender contact them personally the next day or so and especially if their lender was not present. Various HUD counselors and Government Agencies such as Fannie Mae, IRS & Taxpayer Advocate, and MSU College of Law Tax Clinic were also there to assist homeowners. Listed below were the Loan Servicers who came to this event:

Carrington Mtg Services, LLC; Chase; CITI; Countrwide; EMC Mortgage Corporation; Fifth Third; Flagstar; GMAC; Home Loan Services; The Huntington National Bank; LaSalle Bank; LaSalle Bank Consumer Lending; National City Mortgage Co.; Option One Mortgage; Saxon Mortgage Services, Inc.; Washington Mutual Bank; Wells Fargo; and Wilshire Credit Corporation.

Note: A lender provides the funds for your mortgage. A servicer collects mortgage payments, and may not be the same as your lender.

The message was clear that in avoiding foreclosure — Nothing is worse than doing nothing — reach out and ask for help! If you are unable to talk to your mortgage company, then take action and talk to an experienced counselor to consider the best plan of action for your personal financial situation. One can contact the Homeownership Preservation Foundation at 1-888-995-HOPE; HUD at 1 800 569-4287 or visit http://www.hud.gov.; or call Foreclosure Prevention Institute, LLC 1 800 826-1929 or visit http://www.foreclosureinfo.bravehost.com.

If you are facing foreclosure or are in foreclosure, you need to understand your options, and a homeownership counselor or loss mitigation specialist can help you understand the options available to you to help you keep your home or to move on with your life and future. They can explain forbearance, repayment plan, loan modification, Short Sale, Preforeclosure Sale or Deed-in-Lieu of Foreclosure, and Cash for Keys.

If you need help or want more information regarding foreclosure options or who to call for an attorney, then call 1 800 826-1929 at Foreclosure Prevention Institute, LLC.

Certified Loss Mitigation Specialist, Co-owner of Dreamlighters, LLC 1st Loss Mitigation of Michigan LLC, and Foreclosure Prevention Institute, LLC. Teacher, Loss Mitigation Specialist, Loan Officer, Internet Marketer and Advocate for helping people save their homes from foreclosure and for helping people reach their financial dreams. To answer your biggest question regarding foreclosure call 1 800 826-1929 at Foreclosure Prevention Institute, LLC.

National City Mortgage Foreclosures

realestatemarketingthisweek.com – Real Estate Marketing – Prices are back to 2003 levels A Short Sale is significantly cheaper for a bank than a foreclosure – Produced by Dan Havey of Real Estate Marketing This Week Part 7 – Were in the studio today with Kalyn Roberts and Jeri League of the Dreamvesting Group, these two young ladies are experts in the short sale area, they are NOT going to tell you what you want to hear, they are going to tell you what you need to hear. There is a big difference between what you want and what you need in the case of getting out of a situation. We talked during the break about the different types of people; who qualifies, who doesn’t qualify, who this is good for, and who its not good for. I want you to talk about people who are upside down and how you’re here to help. What we want to get across today if you just need to call someone if you’re upside down in your mortgage, if you have a listing next door and its a bank owned or short sale, there is a good chance you’re probably upside down in you mortgage if you bought anytime in the last, in the last 5 years were almost back to 2003 pricing now. Just to jump in real quick, Jeri and Kalyn its not just the people who purchased, its the people who used their homes as ATMs which is a crude way for me to say it but lets be honest. You watch the television, and I am not going to name any names, but a company that rhymes with lie-tech though, they have a commercial where they are showing …
Video Rating: 4 / 5

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Tuesday, January 3rd, 2012 mortgage

14 Comments to National City Mortgage Foreclosures – Avoiding Foreclosure – Advice from Michigan’s Attorney General

Also prove where the frauds is in your case. Look for things like robo stamping names used over and over on every foreclosure. What dates the signatures were placed including notary and the Robo Signature. Every Bodies case is different.

etmesi on January 3rd, 2012

In Nevada only a copy of the note is required or some monetary proof. Being a non-judicial state it makes it easy for banks to foreclose without having to use the court system. Of course there is the AB 149 Mediation law to help people get their loans modified. Having a good attorney makes things easier of course insisting a judge gets an RTO and an injunction.

etmesi on January 3rd, 2012

@etmesi I went to court yesterday. The judge said it was “immaterial” that they didn’t have the original note. This was Judge Bixler in Eighth District Court in Vegas. I’m thinking about calling this attorney, Mr. Person.
I questioned Bixler, asking where the original note was. He asked me if I borrowed the money. I said the money was “monitized” with my signature. He totally ignored me. I’m sick of these freakin’ judges and the entire crooked system.

1stardancer on January 3rd, 2012

I went to court yesterday. The judge said it was “immaterial” that they didn’t have the original note.
That’s the trouble with most judges. They ALWAYS side with the freakin’ banks or mortgage companies.

1stardancer on January 3rd, 2012

IMPORTANT!!! Watch “A HOME FIT FOR ROYALTY”

ThePrezidentialbey on January 3rd, 2012

have any other judges catching on? It is a shame we have to hire an attorney and not expect the judge to know the laws and intentions of the laws and any violations

419boyos on January 3rd, 2012

The Note is sepated from the servicing. How can I tell if my Mortgagor Citimortgage used MERS? Sonya C

MissJennicea on January 3rd, 2012

From what I have found, MERS is a software program, nothing more than an extension of the bank. If you notice, numerous blogs and websites are saying the individual signing on behalf of the Assignor, also signs for the Assignee and sometimes as notary on the assignment. Some are claiming the signatures are forged and/or the notarization is forged or fake. If you are in foreclosure, do a search on the names signed on these documents and find out who they work for!

studbanger on January 3rd, 2012

Go After Their Errors and Ommisions Insurance Policies! Sue the Bank and the Appraisor. The Bank forces you to use an Approved Appraisor. The Bank and the Appraisor make their money on the front end throught their fees and leave the homeowner into forclosure with an upside down property. I would be interested in Mr. Person’s perspective of this strategy.

CYDIGGIT on January 3rd, 2012

If the loan has MI (Mortgage Insurance) on it, good luck trying to get an approval to short sale it. Now, they can double dip!

principles101 on January 3rd, 2012

@REMarketingThisWeek
LOL! A balanced budget law! We already have one, its called the debt ceiling limit! Ha ha ha.
The Constitution authorizes congress to enter into debt, but it also says “no state shall make anything but gold and silver coin a tender in payment of debt.”
The debt debate is irrelevant because at its foundation the fiat debt “federal reserve” is unconstitutional.
Thanks for the conversation.

Shockofsanta on January 3rd, 2012

@Shockofsanta – I’m not in favor of any extra-constitutional actions, just vote out the bad ones, approve a Balances Budget Amendment and appoint only strict-constructionists to the bench.

REMarketingThisWeek on January 3rd, 2012

@REMarketingThisWeek
I would think a strict adhehence to the Constitution would suffice. We need to move in the direction of prosecuting those who betrayed it, and we shouldnt further count on the Judicial branch to enforce the Constitution as it has proved lame(corrupt?) as fuck.

Shockofsanta on January 3rd, 2012

@Shockofsanta – I agree that there are many in the Congress who are responsible for the boom and then the crash, as well as the big banks and the rating agencies. We just need to keep moving in the direction of smaller government and less taxes, which adds up to more freedom for all – the freedom that our founders had intended for us.

REMarketingThisWeek on January 3rd, 2012

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