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Stop a foreclosure dead in its tracks but read to the end.

Updated on December 13, 2013

Foreclosed on home.

Owner just walked away and a year later new owners walked in.
Owner just walked away and a year later new owners walked in. | Source

Economic fact

Loan modifications and prevention are very difficult and risky business. I just love it, and my clients do also. Whoa are there a lot of scam artists working this field but the biggest by far are the mega corps that are prevailing too often without resistance.

This is one in Hawaii that I started while I was still slumming around Saigon on vacation in October of 2010. Now this matter is set for trial in February next. The monthly payment is $6,000.00 per month. And we have not paid one red cent since March of 2010. And the only recourse the “lenders” have is the property. Now by my calculations, by the end of any trial we will have had 48 months of $6,000.00 US. And it does not stop there. We rent it out and keep all the profits and on beach front condo stuff in Hawaii that is much more than the 6k per month. So go figure.

Who owns this house

Do you think it is wrong to make corporations live by the contracts the enter into?

Is it wrong not to pay a debt because you technically do not have to?

See results

This letter is not even correct in all aspects

Authorization for Release of Confidential Information

And QWR pursuant to RESPA

This form authorizes Eric Dierker, of Dierker Consultancy and conveys the right to communicate with our mortgage Lender(s) concerning the circumstances that may prevent the undersigned from continuing with payments on my loan. We further authorize Eric Dierker to update financials as necessary with the Lender, and to negotiate with the Lender as necessary.

We are requesting my mortgage Lender employees, representatives, and/or attorneys to allow Eric Dierker and his agents, to do whatever possible to avoid foreclosure and/or renegotiate my home loan or investment properties due to the hardship we are experiencing. All parties associated with our mortgage are directed and commanded to cooperate fully with Eric Dierker. Address: 215 Station Way #1131, San Diego, California 92108 / 619-296-Four911/fax: 619-684-3565

1st T.D. Loan: Mortgagor // Borrower(s)

Borrower Name and SSN#: ____________________________________________________

Property Street Address:_---------- Honolulu Hi. 96815

Phone_______________________

Mortgagee, Lender___Wells Fargo Bank, N.A. . a national association as Trustee for Option One Mortgage Loan Trust xxxx-4 Asset-Backed Certificates, Series ---xx-4 and and/co American Home Mortgage Servicing Inc. 6591 Irvine Center Drive, Mail-Stop DA-AM, Irvine CA 92618

Loan Number: xxxxxxxx1

Phone Number: __877.304.3100

This is a “qualified written request” under 12 U.S.C. 2605(e) of the Real Estate

Settlement Procedures Act (RESPA).

We are writing this because:

  • We believe our loan was improperly documented and violated a number of provisions of various federal loan statutes.
  • There are various deficiencies that were found pursuant to a forensic loan audit,
  • There are several matters of non-compliance of appropriate transfers not consistent with the original loan.
  • Interests in the loan was improperly transferred and recorded in several instances.
  • The was a complete lack of notice with regard to lender actions that are required by contract and law.
  • The value of the property was misrepresented to borrower.
  • The accounting and notices thereof are completely faulty.
  • We have not spoken with anyone at your offices about these problems before.
  • We have only recently found out about these problems and are writing you to resolve this amicably.
  • We demand that you provide all documentation regarding this loan.
  • We demand that you provide all documentation regarding the creation of asset backed securities in any way involved with this loan or supported by it.
  • Provide any and all documentation related to the SEC approval for Asset backed trust
  • Provide any and all transfer documents related to AHMSI – Option One and Wells Fargo
  • We demand copies of all documents revealing or documenting any consideration paid between Parties
  • Please contact Eric Dierker.

I understand that under 12 U.S.C. § 2605(e) you are required to acknowledge my request within 20 business days and must try to resolve the issue within 60 business days. If we do not hear from you within this timeframe, we will be forced to file a complaint with the US Department of Housing and Urban Affairs (HUD). We believe these are serious violations and ask for your immediate attention.

This form will serve to acknowledge that the above mortgagor has authorized Eric Dierker to act on their behalf to resolve their property problems. This is in accordance with Title 24 of the CFR 203.500 (HUD). We hereby confirm that the foregoing information, including Social Security number(s), is true and correct. If requested, the password for this authorization is Gabriel. Further please consider this Authorization a QWR on all aspects of my loan and make those documents and information available to Mr. Dierker. All previous or other authorizations regarding our confidential information are hereby revoked. Please respond within the time frame required by RESPA.

Mortgagor // Borrower Signature

Date:

________________________________________________________

Billy bong bong who

Almost always the lenders violate the rules

Not every deal goes this way, I have dealt with 12 matters that literally involved widows with children. However while we are waiting an appeal order in one, the widow has received over $20,000.00 in compensation from Chase.

Here in lies the problem for most families struggling.

Yes it is real
Yes it is real | Source

Now let us get to the point

Husbands and wives and failure to communicate

This previous photo is real and it belongs to me. Life is tough. This bill was paid the day it was due and straightened things out with the bank. But the letter still went out. That is life. A wife got a hold of the letter and freaked out while the husband was nefariously attending a Charger game with 3 business associates. Of course the proof of payment predated the letter from the lender but it took the husband 4 days to get that across even with proof in hand. And no the husband did not cancel the credit card because he is old enough to understand that sh&% happens. (and yes dang it the Chargers lost)

Here is just a fun quote from RebekahELLE:

“”As far as everyone here being a grown up -- what does that even mean? Some people grow up mean, bitter, angry, ignorant, abusive.””

I am afraid that too too many couples have a situation where one has appointed themselves “parent”. It is total garbage and should be slapped silly (metaphorically) and brought to rights.

Now here is the kicker

When husbands and wives are facing financial horrors they have many options. As we read this in the light of day and fresh air we know that truth.

But for some reason financial hardship for a husband and wife brings out the darkness and fear and anxiety. I use the above examples in order to drive home a real point that is critical for people to understand.

Marital strife based on finances is ruinous. Of course it hurts the marriage. But it does something far worse to the individuals. It makes them stupid with fear.

Just because you get a nasty "red" notice and are harassed by a creditor does not mean you are even in trouble financially. That stuff is for the sole purpose of intimidating you to act outside of your rights and give that creditor money.

However if a corporation sat around and decided that it would destroy traditional marriage in the USA they would act exactly as they do today. And you know what prevents that. It is not tricky lawyers. All kinds of options are available but the family has to stay smart and in this case the best way to get rid of the fear causing the problem is with a solution everyone has access to: Stay in Love

I would rather live in this house with love

Than in any mansion without
Than in any mansion without | Source

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    • Ericdierker profile image
      Author

      Eric Dierker 3 years ago from Spring Valley, CA. U.S.A.

      And more importantly you are awesome and will always be so.

    • DDE profile image

      Devika Primić 3 years ago from Dubrovnik, Croatia

      Stop a foreclosure dead in its tracks but read to the end is an interesting hub with such great thought

    • Ericdierker profile image
      Author

      Eric Dierker 3 years ago from Spring Valley, CA. U.S.A.

      That is a sad fact. I lived with a woman for a bit in a one room log cabin that we built. Money was not an issue. Chickens and the garden were not much to worry about.

    • billybuc profile image

      Bill Holland 3 years ago from Olympia, WA

      True words, Eric. Finances will put one hell of a strain on a marriage if allowed to do so....I know this from experience in a past life. :)

    • Ericdierker profile image
      Author

      Eric Dierker 3 years ago from Spring Valley, CA. U.S.A.

      Thank you, it is amazing how corporate structure actually uses this knowledge

    • phdast7 profile image

      Theresa Ast 3 years ago from Atlanta, Georgia

      Interesting and encouraging to see that "legalese" and "paper" can be used to fight back against those (dishonest and self-serving corporations) who would overwhelm us with paper and legalese.

      Your points are well taken. Fear and ignorance make us stupid and easy prey for others. Love and communication within a family is essential when caught in such a situation. Great Hub.