Comments on: Bring Down the Banks with these Foreclosure Defense Tactics http://loanworkout.org/2008/07/bring-down-the-banks-with-these-foreclosure-defense-tactics/ Loan Modification & Home Loan News Fri, 20 Nov 2009 12:55:43 -0700 http://wordpress.org/?v=2.8.6 hourly 1 By: Cathy Fantulin http://loanworkout.org/2008/07/bring-down-the-banks-with-these-foreclosure-defense-tactics/#comment-18045 Cathy Fantulin Mon, 16 Nov 2009 12:59:15 +0000 http://loanworkout.org/?p=609#comment-18045 Has anyone had any luck with modifying their loan with a bank called HSBC? I need help fast...and they seem to be out of country and barely speak english to get info. Has anyone had any luck with modifying their loan with a bank called HSBC? I need help fast…and they seem to be out of country and barely speak english to get info.

]]> By: rodney cobb http://loanworkout.org/2008/07/bring-down-the-banks-with-these-foreclosure-defense-tactics/#comment-18024 rodney cobb Sat, 14 Nov 2009 02:12:49 +0000 http://loanworkout.org/?p=609#comment-18024 I have been trying to get a modification with Washington Mutual/Chase for about 8 months now I hear that Chase is servicing the loan for a small investor who refuses to modify the loan is there anything I can do in this situation. We have filed bankruptcy to stop the sale of our home we are currently going through a lawyer to modify the loan can a bank or investor just refuse to modify a loan is there any government control over this process. I know people are a lot worse off than us but we feel we we need to do everything possible to save our home before letting this investor take it from us. I have been trying to get a modification with Washington Mutual/Chase for about 8 months now I hear that Chase is servicing the loan for a small investor who refuses to modify the loan is there anything I can do in this situation. We have filed bankruptcy to stop the sale of our home we are currently going through a lawyer to modify the loan can a bank or investor just refuse to modify a loan is there any government control over this process. I know people are a lot worse off than us but we feel we we need to do everything possible to save our home before letting this investor take it from us.

]]> By: JOHANNY http://loanworkout.org/2008/07/bring-down-the-banks-with-these-foreclosure-defense-tactics/#comment-17470 JOHANNY Fri, 16 Oct 2009 17:54:23 +0000 http://loanworkout.org/?p=609#comment-17470 HI EVERY BODY, DOES ANY ONE KNOW ABOUT A LEGIT LAWFIRM THAT REPRESENT HOMEWNERS FOR LOAN MODIFICATION IN NJ? I WILL APRECIATED ANY INFO. THANKS HI EVERY BODY, DOES ANY ONE KNOW ABOUT A LEGIT LAWFIRM THAT REPRESENT HOMEWNERS FOR LOAN MODIFICATION IN NJ? I WILL APRECIATED ANY INFO. THANKS

]]> By: Susan M http://loanworkout.org/2008/07/bring-down-the-banks-with-these-foreclosure-defense-tactics/#comment-16366 Susan M Thu, 27 Aug 2009 17:29:36 +0000 http://loanworkout.org/?p=609#comment-16366 We owned a construction business that closed. We have exhausted our savings and tapped our credit cards while looking for income this past year and 1/2. We are receiving unemployment compensation and will receive rental income from a bldg. we own starting in September. But the income will still not be enough to cover all of our bills. A local company wants to sue our mortgage bank to get our mortgage reduced by "20 to 30%" reducing our payments and credit cards amounts and payment. They want $1,000 a month fee while it's going on. This is what they claim: "It is not uncommon for a defense case to take over 100 hours of attorney time, spanning several years. As part of a Joint Venture with the Joe Aldeguer Group, our law firm has agreed to waive its upfront retainer fees and charges only a monthly retainer fee for the first 1,000 clients who sign up for the Mortgage Relief Program. Our goal is to place the homeowner on the offensive. Through aggressive defense, we seek a huge right down on the principal loan amount, a lower interest rate and a lower payment so that the homeowner can remain in the home. We expect that the homeowner will be in a better position to make a decision regarding their home in 8 months, a year and sometimes over two years, where no defense will most assuredly leave them homeless in a few short months. " I'm afraid that after the time is up, we'll lose the lawsuit and lose our home. We believe in paying our debts but our home is no longer worth what it used to be. Our credit score has dropped drastically. We can't find a way to increase our income yet. We were told by an attorney that we can't file bankruptcy because we own a commercial bldg. outright and would surely lose it along with other assets. What else can we do? Does this idea sound legal and what is the worst that could happen if we pursue it? Thank you for any and all advice and suggestions. We owned a construction business that closed. We have exhausted our savings and tapped our credit cards while looking for income this past year and 1/2. We are receiving unemployment compensation and will receive rental income from a bldg. we own starting in September. But the income will still not be enough to cover all of our bills.

A local company wants to sue our mortgage bank to get our mortgage reduced by “20 to 30%” reducing our payments and credit cards amounts and payment. They want $1,000 a month fee while it’s going on.

This is what they claim:
“It is not uncommon for a defense case to take over 100 hours of attorney time, spanning several years. As part of a Joint Venture with the Joe Aldeguer Group, our law firm has agreed to waive its upfront retainer fees and charges only a monthly retainer fee for the first 1,000 clients who sign up for the Mortgage Relief Program. Our goal is to place the homeowner on the offensive. Through aggressive defense, we seek a huge right down on the principal loan amount, a lower interest rate and a lower payment so that the homeowner can remain in the home. We expect that the homeowner will be in a better position to make a decision regarding their home in 8 months, a year and sometimes over two years, where no defense will most assuredly leave them homeless in a few short months. ”
I’m afraid that after the time is up, we’ll lose the lawsuit and lose our home. We believe in paying our debts but our home is no longer worth what it used to be. Our credit score has dropped drastically.
We can’t find a way to increase our income yet. We were told by an attorney that we can’t file bankruptcy because we own a commercial bldg. outright and would surely lose it along with other assets. What else can we do? Does this idea sound legal and what is the worst that could happen if we pursue it?
Thank you for any and all advice and suggestions.

]]> By: kathie http://loanworkout.org/2008/07/bring-down-the-banks-with-these-foreclosure-defense-tactics/#comment-16105 kathie Wed, 12 Aug 2009 17:13:21 +0000 http://loanworkout.org/?p=609#comment-16105 Hi, I need to know if there is any thingI can do . 2 years ago we needed to refi our house to get out from under a bad loan. we did not have the credit but my mom did so the broker told us they would use her credit our income we would all be on the loan, well now we are facing foreclosure do to health probs, and went to the bank who bought the loan to get help but the only person on the documents is ny mom and they falcified and said she made 12k a month to qualify my mom is 80yrs old and on ss what can i do I am not willing to loos e my home Hi, I need to know if there is any thingI can do . 2 years ago we needed to refi our house to get out from under a bad loan. we did not have the credit but my mom did so the broker told us they would use her credit our income we would all be on the loan, well now we are facing foreclosure do to health probs, and went to the bank who bought the loan to get help but the only person on the documents is ny mom and they falcified and said she made 12k a month to qualify my mom is 80yrs old and on ss
what can i do I am not willing to loos e my home

]]> By: Greg http://loanworkout.org/2008/07/bring-down-the-banks-with-these-foreclosure-defense-tactics/#comment-14715 Greg Thu, 14 May 2009 11:57:59 +0000 http://loanworkout.org/?p=609#comment-14715 Dovovan: Do not let the 20 days lapse without at least filing a motion to extend time to respond. Otherwise you risk waiving all your good defenses! Then go to an experianced lawyer who is familiar with defending these cases for a consultation. We charge a $100 fee to review and advise clients regarding tactics to repond to the foreclosure. Each foreclosure case is different. Dovovan:

Do not let the 20 days lapse without at least filing a motion to extend time to respond. Otherwise you risk waiving all your good defenses!

Then go to an experianced lawyer who is familiar with defending these cases for a consultation. We charge a $100 fee to review and advise clients regarding tactics to repond to the foreclosure. Each foreclosure case is different.

]]> By: Greg http://loanworkout.org/2008/07/bring-down-the-banks-with-these-foreclosure-defense-tactics/#comment-14713 Greg Thu, 14 May 2009 06:58:08 +0000 http://loanworkout.org/?p=609#comment-14713 To Donovan: Usually a motion to dismiss the foreclosure complaint is best. This preserves all your defenses for asserting later in your answer/affirmative defenses and or counterclaim. Even a simple letter from you asking for an extention of time to respond, filed before the 20 days is up, is better than letting the matter go to default against you. A default waives your rights and defenses. To Donovan: Usually a motion to dismiss the foreclosure complaint is best. This preserves all your defenses for asserting later in your answer/affirmative defenses and or counterclaim. Even a simple letter from you asking for an extention of time to respond, filed before the 20 days is up, is better than letting the matter go to default against you. A default waives your rights and defenses.

]]> By: Donovan http://loanworkout.org/2008/07/bring-down-the-banks-with-these-foreclosure-defense-tactics/#comment-14641 Donovan Sun, 10 May 2009 14:51:22 +0000 http://loanworkout.org/?p=609#comment-14641 Very infoming. What general kind of response can be given upon within the 20 day period of being served with forclosure papers? What can one do if they did not respond within the 20 day period? Does on lose their rights? Very infoming.

What general kind of response can be given upon within the 20 day period of being served with forclosure papers?

What can one do if they did not respond within the 20 day period?

Does on lose their rights?

]]> By: Michael D. DuPont http://loanworkout.org/2008/07/bring-down-the-banks-with-these-foreclosure-defense-tactics/#comment-13424 Michael D. DuPont Fri, 27 Mar 2009 16:58:09 +0000 http://loanworkout.org/?p=609#comment-13424 Do the same requirements apply to construction loans? The original documents state that the loan is for homestead property, but my son has not been able to complete the home and therefore foreclosure proceedinga have started. We have answered the summons and complaint in a timely manner to avoid a default judgment. Thank you! Do the same requirements apply to construction loans? The original documents state that the loan is for homestead property, but my son has not been able to complete the home and therefore foreclosure proceedinga have started.
We have answered the summons and complaint in a timely manner to avoid a default judgment.

Thank you!

]]> By: j. g. http://loanworkout.org/2008/07/bring-down-the-banks-with-these-foreclosure-defense-tactics/#comment-12527 j. g. Sun, 01 Mar 2009 15:37:55 +0000 http://loanworkout.org/?p=609#comment-12527 Are you going to have a mortgage foreclosure class in Houston, Austin or San Antonio, TX? Are you going to have a mortgage foreclosure class in Houston, Austin or San Antonio, TX?

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