Feed: Mortgage Modification and When to Lawyer Up - AggScore: 10.5

Mortgage Modification and When to Lawyer Up

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div stylefloatleft padding 12pxa hrefwpcontentuploads201011mortage7.jpgimg srcwpcontentuploads201011mortage7.jpg title alt adivdivemstrongChristian Dixastrong asked embrbrbrbrbrIve been the proud vendor of the REST Report five months now and am amazed every day at the spectacular results.brbrNow, I must believe that he at least had assistance in preparing the legal documents for court filing, but even that fee was far less than actually retaining an attorney to appear on his behalf. The REST Report made his case so strong that he was given a two week adjournment and specific instructions from a receptive judge as to how to remedy the few small fixes he needed.brbrThe fact is that as the REST Report becomes more widespread and recognized in courts, more and more distressed homeowners are going to find the foreclosure defense easier and easier going. The nations judges are already making it clear that they are extremely receptive to reversing any mortgage servicer shenanigans in an illegal foreclosure. Filing the REST Report automatically makes a foreclosure illegal. Carelessness or deceit will not be tolerated. The Foreclosuregate scandal has seen to that.brbrBriefly, the REST Report calculates numerous unbiased figures needed by mortgage servicers and investors to calculate the best unbiased solution to a distressed mortgage. Those would be a mortgage modification or a short sale. Although a foreclosure often benefits the mortgage servicer, its not their loan or asset. It is the mortgage investors asset.brbrBy paying for your own unbiased Net Present Value, or NPV, calculations and submitting it as part of your mortgage modification or short sale application, you make it a legal document that the mortgage servicer is bound by law to reveal to the mortgage investor when they audit the mortgage servicers files. This eliminates the possibility of the mortgage servicer adjusting their own NPV calculations to their benefit. It also becomes an integral part of your court documents, should it come to that.brbrRecently, stories are surfacing on the internet that portray all kinds of nefarious actions by mortgage servicers in bypassing legitimate mortgage modifications. Almost all of them can be overcome by mailing the entire mortgage modification or short sale package by certified USPS mail, return receipt requested. I have yet to read of a reporter asking if that had been done. The distressed homeowner needs to forget they ever saw a fax machine, and ignore the directions of the bank voice on the phone to fax. That is just an excuse by the bank to walk your fax over to the shredder.brbrIf you were ever to appear in court in a foreclosure defense, testimony on your part that you faxed anything would be immediately ignored. Faxing is not proof of receipt. You can bet your bottom dollar that whoever signs the postal receipt for your documents will not walk to the shredder. Your judge, either in a judicial foreclosure state, or nonjudicial foreclosure state, will not ignore blatant, undeniable foreclosure fraud.brbrYou must very clearly understand that you will never talk to an authority at your mortgage servicer. They need that degree of separation to remove the phone communicator should you get called to court. Even if you were to get the name of the person directing you on the phone, that person will magically not be working for the bank when and if you go to court. Its one of their tricks. Get it through your head that if Robosigner can sign 10,000 foreclosures in one month, theyre simply not paying attention to you. It is mortgage fraud, even though it appears that if you dont stand up for yourself, it will be allowed to pass. Ask yourself, how many underwriters not call center personnel could the banks have hired instead of those fat bonuses paid last yearbrbrYou can overcome the possibility that your servicer will foreclose on you behind your back by calling your county trustee every month and seeing if your house is on the court docket. Appear at every court action with your mortgage modification file, ready to respond and prove receipt by the mortgage servicer. Do what this guy in San Diego Superior Court did hand your complete mortgage modification file to the judge and theyll take care of the rest.brbrIf any other issue surfaces in your quest for a mortgage modification or short sale, then its probably time to get a real estate attorney. They get your file, including the REST Report, and they handle whatever rare circumstance your mortgage servicer has dreamed up. You have saved yourself all kinds of attorney fees anyway because you did all the research work your attorney would have charged you.brbrI can guarantee that our fee for the REST Report is less than your attorney would have charged you. Thats why we standardized our fees a few weeks ago.brbrI am a proud vendor of the REST Report. I also have the best Hardship letter template available anywhere.brbra hrefPhyllisadiv

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