Considering A Loan Modification, Short Sale, Or Facing Foreclosure? Contact Us Immediately!
[02/28/17] Homeowners beware, we found another scammer posting lies and misinformation, that harms homeowners, in a group called Select Portfolio Servicing. He goes by the name "No Excuses Richardson."
Here's another case where the Justices are explaining that a foreclosure is a breach of contract case. The homeowner breached it by failing to make timely payments; and it's the contract that allows the bank to foreclose.
“Georgia law clearly authorizes the use of “non-judicial power of sale foreclosure” as a means of enforcing a debtor's obligation to repay a loan secured by real property. See generally Frank S. Alexander, Ga. Real Estate Finance and Foreclosure Law, § 8:1 (2012–2013 ed.). Such a process, which in Georgia dates back to the 1800s, permits private parties to sell at auction, without any court oversight, PROPERTY PLEGED as security by a debtor who has come into default. Id. “As a privately authorized yet state-sanctioned remedy available in secured real estate transactions, the form and substance of power of sale foreclosures is determined first and foremost by the express terms of the underlying INSTRUMENT.” Id. Thus, Georgia courts have long held that non-judicial foreclosure is governed primarily by CONTRACT law. Id; see also Moseley v. Rambo, 106 Ga. 597, 600(1), 32 S.E. 638 (1899) (power of sale “is a remedy, therefore, by CONTRACT, intended to substitute the remedy by law”); Gordon v. South Central Farm Credit, 213 Ga.App. 816, 817, 446 S.E.2d 514 (1994) (“ ‘a security deed which includes a power of sale is a CONTRACT and its provisions are controlling as to the rights of the parties thereto’ ”).”
“The scant statutory law that does exist in this area has evolved as a means of providing limited consumer protection while preserving in large measure the traditional freedom of the CONTRACTING PARTIES to negotiate the terms of their arrangement. See Law v. United States Dep't of Agriculture, 366 F.Supp. 1233, 1238 (N.D.Ga.1973) (statutes governing non-judicial foreclosure set “minimal requirements for the exercise of any CONTRACTUAL power of sale contained in security instruments”).”
This is why the only PROVEN method that saves homeowners homes is attacking the contract: http://www.releasewire.com/press-releases/homeowners-receiving-multimillion-dollar-awards-attacking-banks-using-the-loan-contract-678710.htm
So, stop complaining, and start attacking!
releasewire.com Press Release issued Apr 5, 2016: When asked how the mechanism works, Bradford explained: "It's very simple; appraisal fraud, other tortious conduct, contract breaches, errors, setoffs, statutory/regulatory violations, etc., underlie over 90% of mortgage transactions. These abuses give homeowners le...
As I’d predicted, Yvanova just lost her case because she had no case: https://scholar.google.com/scholar_case?case=16482242371835653680&hl=en&lr=lang_en&as_sdt=6,47&as_vis=1&oi=scholaralrt
These “stall” arguments, “produce the note,” “standing,” “assignment,” “MERS,” etc., etc., just give homeowners false hope and waste their money!
Attacking the contract is the ONLY proven methodology that saves homes.
Homeowners Receiving Multimillion-Dollar Awards Attacking Banks, Using Their Loan Contract.
This moron is one of the nitwits providing Garfield worthless securitization audits. Notice where the court states: “Macklin’s theory (Garfield’s arguments) misinterprets the concepts of jurisdiction and standing, and is entirely incorrect.”
scholar.google.com Appellee Deutsche Bank National Trust Company ("Appellee" or "Deutsche Bank") bought the real property of Appellant James L. Macklin ("Appellant" or "Macklin") at foreclosure sale. After Macklin litigated his continued right to the property in an adversary bankruptcy proceeding and lost, he litigate…
Poor homeowners still being scammed by loan mod companies. http://www.sltrib.com/home/3340534-155/utahn-pleads-guilty-in-alleged-home
sltrib.com One of six defendants in an alleged home loan modification scam pleaded guilty Tuesday in a case that federal prosecutors say involved more than 10,000 victims in nearly every state who suffered losses of more ...
Another pretender defender bites the dust! http://www.kentucky.com/news/business/article50868990.html
kentucky.com A lawyer accused of stealing hundreds of thousands of dollars from people in Michigan that were facing mortgage foreclosures has been sentenced to a year in jail.
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