(The following is not legal advice or meant to be utilized as legal advice)
Bankruptcy is often used by many homeowners to stop their mortgage foreclosure in the United States. Most often bankruptcy doesn’t exactly stop the foreclosure from happening forever, it’s simply a delay tactic. Where many homeowners even after filing bankruptcy are foreclosed on and even evicted later down the road.
If homeowners and bankruptcy attorneys would get educated on TILA fraud violations and RESPA more foreclosure situations could be resolved in bankruptcy matters. What’s very sad is that many homeowners only file for bankruptcy protection because they have fallen beyond in their mortgage loan payments. Ideally, if homeowners could work out a solution before filing bankruptcy it would be in their best interest and help to prevent damaging their credit with bankruptcy that remains for 7 (seven) years on credit reports.
Bankruptcy TILA Fraud Violations, RESPA FORECLOSURE HELP
Since most homeowners only file bankruptcy to stop foreclosure. Determining 3 things could be a game-changer in almost every bankruptcy case across the nation!
- Does the mortgage loan contract contain TILA fraud violations?
- Who really owns the mortgage loan contract?
- Impact for rescinding and cancellation of the mortgage loan contract.
Attack Secured Status
11 U.S. Code § 506 – Determination of secured status
Typically, in many bankruptcy matters, the true secured creditor is the only party that can claim their secured status as a secured creditor. This is the party the homeowner is seeking bankruptcy protection from and to stop the foreclosure proceedings.
What most homeowners and bankruptcy attorneys fail to do is:
First, investigate the mortgage loan for TILA fraud violations.
What should you be looking for in the investigation?
Starting from the origination of the mortgage loan contract, determine if the TILA fraud violations occurred.
Get the most updated 2019 New Edition for Wall Street Mortgage Cancellation Secrets 2019 New Edition, everything you need to learn how to conduct a TILA fraud violations investigation in mortgage loans contract is inside.
Second, validate the debt demand that the mortgage lender proves how they are the true secured creditor.
Conduct a fraud investigation to determine if the mortgage servicer’s foreclosure documents correctly list the true secured credit “proper party” that can collect on the debt in their own name.
Almost always, this is where the flaw in the mortgage securitization can be found.
The secured creditor must be the same (exact name) party that is seeking to foreclose on the homeowner.
Here is where the switch and bait comes into play.
The party foreclosing on the homeowner is many times the mortgage loan servicer (the mortgage servicer is not the correct secured creditor) and not the secured creditor. Also, even when the party foreclosing is not the mortgage servicer, updated information for the true secured creditor is being purposely hidden.
However, using RESPA “The Real Estate Settlement Procedures Act” and knowledge of TILA fraud violations the mortgage servicer can be compelled to reveal hidden details regarding the mortgage loan contract and reveal who is currently the secured creditor.
Third, Rescind and Cancellation options for TILA fraud violations.
By doctrine, fraud vitiates everything it touches.
The purpose of this information is to find a win-win strategy solution between the homeowner and the mortgage lender and mortgage servicer representing the mortgage lender.
When TILA fraud violations are brought to the attention of the mortgage lender and mortgage servicer this presents a chance to negotiate the mortgage loan contract to reduce the principal balance and offer a lower interest rate.
Be careful of important deadlines and statute of limitations when using TILA fraud violations. A common misconception is that TILA can’t be used after 3 years. This because the majority of information about TILA is very basic and does not include how fraud occurs in mortgage loan contracts.
Fraud is a reset, fraud voids absolutely everything it touches from the very beginning.
Hurry order Mortgage Cancellation Secrets Forms, this system has everything needed to rescind and cancel mortgage loan contracts for TILA fraud violations.
Using the techniques in this system learn insider information to work out a better deal with mortgage lenders.