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How To Stop A Forclosure

Updated on February 15, 2011

Your Mortgage Bigger Than Your House?

If you are like a lot of homeowners these days, one or both of the following is true for you:

  • Your mortgage balance greatly exceed the value of your home
  • You are struggling to make the mortgage payment you currently have
  • You have tried and tried to modify your note only to get the run a round from your bank
  • You have received a foreclosure notice
  • You are currently in the foreclosure process

You obviously cannot bury your head in the sand and think everything will magically work out for the best.

Of course "something has to change" but you don't know what that something is.  There are ways to get help.  But first you must understand what is happening and why.

You probably experienced this as well

What is MERS?

What the heck is MERS?

An estimated 62 million mortgages were issues using this electronic note and paper system that many courts have said is not legal.  Indeed, some courts have gone on to say that MERS is a fraud and is fake and has no right at all to foreclose on a single home.

Some of the biggest banks in the nation have used this system to record and track mortgages.  The problem is, nobody seems to know where all the original documents are.

In fact, in most cases, its is very hard to determine who actually now owns the mortgage note.  Watch the video to the right to get a clear understanding about MERS and why it is so dangerous and down right evil.

Foreclosure Freeze by Major Banks

Mass Joinder Lawsuits

The nation's top trial lawyers have banded together. These are the lawyers who previously represented these very same banks; the lawyers who know their way around the courthouses better than anyone.

Already, these lawyers have filed a mass joinder case in 2009 that remains pending against Bank of America (Countrywide) and additional litigation against JP Morgan Chase/Washington Mutual, One West/IndyMac, GMAC, Wells Fargo/Wachovia and City Bank which have all defrauded hundreds of thousands of Homeowners. This case is now going national. These lawyers have invoked laws and procedures the banks were previously unaware of, and Bank of America is getting beat at their own game because of it. Recently the Bank was forced to admit that it had been defrauding the government in foreclosing on mortgages nationwide. Furthermore, on October 4, 2010, the Honorable Manuel Real of the United States District Court called the Bank's primary argument "absurd" and kicked the Bank out of Federal Court.

The case is now proceeding in the trial court, and the mass joinder of plaintiffs from around the Country is expanding. It may be that the Bank are unable to show they own any of their promissory notes, or that the Bank have made other errors that will cause other penalties to be levied against them. In this case alone, they have racked up consecutive wins in each round against Bank of America (Countrywide).

Case Results to date

1. Five injunctions. 2. The order of Judge Chaney RESCINDING 9 notices of default (never before done in California legal history). 3. An order "Ordering Bank of America" to submit to discovery. 4. An order throwing Bank of America out of Federal Court as Ronald et al v. Bank of America is not "Preempted by Federal Law." 5. Countless additional orders stopping homes from being sold.

You can stop your foreclosure and save your home
You can stop your foreclosure and save your home

What About YOU and YOUR Home

If you are behind (and in many cases you don't have to yet be in arrears) on your mortgage, there is help and hope. Even if your home is currently in foreclosure, it can be stopped. And for even a few, if you already lost your home, you may be able to be compensated by the banks for fraudulent behavior.

Now I cannot tell you that everyone can be helped but if you are one of some 62 million American homeowners who got a mortgage within the last 10 to 15 years, there is a good chance we can help.

But you need to get all the facts as they pertain to your situation. Its not hard. You can contact a real estate lawyer in your area and ask to speak with them about your situation. However, be forewarned by the "sticker" price of their service.

You will have to decide if the cost of their services are worth saving your home and maybe even your credit. One thing you should not do is just walk away. Did you know that a foreclosure could haunt you for years? In fact, a bank could come after any balance owed to them plus interest 15 even 20 years later. Just when you think you have your life back and your credit back, they slap you with lawsuit after lawsuit.

Scarier still is that often banks win. This is serious business and you should take it seriously. Don't wait around for a "miracle" to happen.

You can also join in the "Mass Joinder" suit currently underway and have your mortgage restructured to fit your needs and budget. You may even get a reduction in the amount of principle on your home as well as a new mortgage with an interest rate below 4%. Yes below 4 percent.

One Last Thing; if you like this post, if you have questions, if you have something to add, why not put it in the comments below.  Also don't forget to check out my other post and why not follow me as well so you can get more direct contact info with me or be notified when I post something new you may find interesting.  And, of course, feel free to share this with those you care about.  Thanks for reading.


Submit a Comment

  • RodEccles profile image

    RodEccles 7 years ago from New Hampshire

    Glad you found this hub useful Simone. The link to other resources is now working. It was broken earlier but it has now been fixed.

  • Simone Smith profile image

    Simone Haruko Smith 7 years ago from San Francisco

    Thank you for the helpful, organized guide! I appreciate the useful videos, too.