ArtsAutosBooksBusinessEducationEntertainmentFamilyFashionFoodGamesGenderHealthHolidaysHomeHubPagesPersonal FinancePetsPoliticsReligionSportsTechnologyTravel

How To Spot Foreclosure Fraud...The DIY Guide For Homeowners

Updated on June 27, 2013

EVERY homeowner can and should be contesting the wrongful foreclosure of their property by the banks. Many homeowners are currently dealing with financial difficulties, often through no fault of their own due to a job loss, medical issues, etc.

Whether the homeowner contests the foreclosure pro se (without an Attorney which can be difficult though not impossible), or decides to hire an Attorney to defend the homeowner's rights, there is a TON of information that is required to build a case against the banks for a wrongful foreclosure/slander of title/quiet title, etc. The homeowner will also be more prepared when bringing this information along to interview an Attorney.


Some examples of the documents that the homeowner keeps documenting the purchase of the property include:

  • Documents/Contracts from the purchase of the property (Purchase/Sales Agreement)
  • Documents from the Loan Application Process (to verify if any of the documentation was altered in order to make the loan "go through") which was a nifty trick used during the subprime crisis.
  • Documents from the Closing Company/Title Company
  • ALL documents related to title insurance policies.
  • Note and Mortgage (or Deed of Trust in certain states)
  • ALL documents recorded against the property since the purchase (assignments of mortgage, default notices, court orders, sheriff's deed, etc.)
  • Monthly payment notices/stubs and ALL receipts/canceled checks confirming that payments were made.
  • Any correspondence from the "bank" regarding payments were missed, forced placed insurance, escrow payments, etc.

Additionally, the laws and procedures vary from state to state with regards to foreclosure. In some states, the foreclosures are conducted through the courts (judicial foreclosure), and in other states the foreclosures are conducted outside of the courts (non-judicial). In non-judicial states, it is CRITICAL that the banks follow the statutes or the foreclosure sale could be VOID. (Ruiz vs. 1st Fidelity Loan Servicing, LLC; No. A11-1081 (Mn. Ct. of App., March 12, 2012).

Other information that is helpful to build the case against the banks includes:

  • Statutues that are specific to the state the property is located in
  • Case Laws (both Federal and State specific) also including Supreme Court Decisions and Court of Appeals Decisions
  • Rules of Procedure for both State and Federal Courts (both civil and criminal)
  • Law Libraries and Dictionaries

This will get the homeowner going in the right direction and is by no means an exhaustive list of information required to build a case against the banks.


  • Breach of Contract Violations
  • Violations of state specific statutes
  • Surrogate signed/robo-signed documents
  • Defunct companies assigning the mortgage just prior to foreclosure
  • Notary Fraud
  • Any other irregularities or inconsistencies within the documents

Think about it...Why does the "Bank" need to use false, fraudulent and forged documents to foreclose on a property if they were the actual and true owners of the ORIGINAL note and mortgage and had standing to foreclose?? When the homeowner pushes back and defends their rights, the bank WILL NOT be able to prove their case and be able to foreclose. The banks will often times just "walk away" or offer some sort of "settlement" to the homeowner.

If a settlement and/or modification is offered by the "Bank", it is CRITICAL that all documentation is reviewed by a competent Attorney that is familiar with the local procedures and laws of your state. In most if not all cases, these "settlements" are horribly one sided and in favor of the banks.



    0 of 8192 characters used
    Post Comment

    No comments yet.


    This website uses cookies

    As a user in the EEA, your approval is needed on a few things. To provide a better website experience, uses cookies (and other similar technologies) and may collect, process, and share personal data. Please choose which areas of our service you consent to our doing so.

    For more information on managing or withdrawing consents and how we handle data, visit our Privacy Policy at:

    Show Details
    HubPages Device IDThis is used to identify particular browsers or devices when the access the service, and is used for security reasons.
    LoginThis is necessary to sign in to the HubPages Service.
    Google RecaptchaThis is used to prevent bots and spam. (Privacy Policy)
    AkismetThis is used to detect comment spam. (Privacy Policy)
    HubPages Google AnalyticsThis is used to provide data on traffic to our website, all personally identifyable data is anonymized. (Privacy Policy)
    HubPages Traffic PixelThis is used to collect data on traffic to articles and other pages on our site. Unless you are signed in to a HubPages account, all personally identifiable information is anonymized.
    Amazon Web ServicesThis is a cloud services platform that we used to host our service. (Privacy Policy)
    CloudflareThis is a cloud CDN service that we use to efficiently deliver files required for our service to operate such as javascript, cascading style sheets, images, and videos. (Privacy Policy)
    Google Hosted LibrariesJavascript software libraries such as jQuery are loaded at endpoints on the or domains, for performance and efficiency reasons. (Privacy Policy)
    Google Custom SearchThis is feature allows you to search the site. (Privacy Policy)
    Google MapsSome articles have Google Maps embedded in them. (Privacy Policy)
    Google ChartsThis is used to display charts and graphs on articles and the author center. (Privacy Policy)
    Google AdSense Host APIThis service allows you to sign up for or associate a Google AdSense account with HubPages, so that you can earn money from ads on your articles. No data is shared unless you engage with this feature. (Privacy Policy)
    Google YouTubeSome articles have YouTube videos embedded in them. (Privacy Policy)
    VimeoSome articles have Vimeo videos embedded in them. (Privacy Policy)
    PaypalThis is used for a registered author who enrolls in the HubPages Earnings program and requests to be paid via PayPal. No data is shared with Paypal unless you engage with this feature. (Privacy Policy)
    Facebook LoginYou can use this to streamline signing up for, or signing in to your Hubpages account. No data is shared with Facebook unless you engage with this feature. (Privacy Policy)
    MavenThis supports the Maven widget and search functionality. (Privacy Policy)
    Google AdSenseThis is an ad network. (Privacy Policy)
    Google DoubleClickGoogle provides ad serving technology and runs an ad network. (Privacy Policy)
    Index ExchangeThis is an ad network. (Privacy Policy)
    SovrnThis is an ad network. (Privacy Policy)
    Facebook AdsThis is an ad network. (Privacy Policy)
    Amazon Unified Ad MarketplaceThis is an ad network. (Privacy Policy)
    AppNexusThis is an ad network. (Privacy Policy)
    OpenxThis is an ad network. (Privacy Policy)
    Rubicon ProjectThis is an ad network. (Privacy Policy)
    TripleLiftThis is an ad network. (Privacy Policy)
    Say MediaWe partner with Say Media to deliver ad campaigns on our sites. (Privacy Policy)
    Remarketing PixelsWe may use remarketing pixels from advertising networks such as Google AdWords, Bing Ads, and Facebook in order to advertise the HubPages Service to people that have visited our sites.
    Conversion Tracking PixelsWe may use conversion tracking pixels from advertising networks such as Google AdWords, Bing Ads, and Facebook in order to identify when an advertisement has successfully resulted in the desired action, such as signing up for the HubPages Service or publishing an article on the HubPages Service.
    Author Google AnalyticsThis is used to provide traffic data and reports to the authors of articles on the HubPages Service. (Privacy Policy)
    ComscoreComScore is a media measurement and analytics company providing marketing data and analytics to enterprises, media and advertising agencies, and publishers. Non-consent will result in ComScore only processing obfuscated personal data. (Privacy Policy)
    Amazon Tracking PixelSome articles display amazon products as part of the Amazon Affiliate program, this pixel provides traffic statistics for those products (Privacy Policy)
    ClickscoThis is a data management platform studying reader behavior (Privacy Policy)