Bank of New York must Produce the Note if they want to get paid!

The Show Me the Note strategy is a solid one if done properly but you can’t simply deny you owe a debt and get a free house.   You signed a promissory note to someone.  The question is to whom is the money actually owed and what is currently owed against it.  Why? Quite simply many [...]

When the Promissory Note shows up!

Show Me The Note!  Produce the Note!  This strategy has been circulating for a few years now and in many cases can give real pause to the mortgage servicer AND in some cases slow down the foreclosure process.  But this is not always a silver bullet. Why?  Quite simply they may be able to either: [...]

Chase produces a Fraudulent Assignment of Mortgage

J.P. Morgan Chase along with its attorneys cranked out some bogus docs or so it seems.   These guys will stop at nothing to get their way.  Thanks to 4closurefraud.org for posting this info. – The Bank Slayer J.P. Morgan Chase / LPS Produced a Fraudulent Assignment of Mortgage! Memorandum of Law of The United [...]

Facing foreclosure alone? Don’t try this at home!!!

Plain and simple – it is dangerous to practice law without actual knowledge of what you’re doing.   Not so much dangerous from the standpoint of ”unlicensed practice of law”  but instead that a typical homeowner is not prepared to go into court and face a hostile (and possibly knowledgeable) attorney working for the bank plus deal the [...]

Not making a choice, is a choice. Don’t take it lying down.

“In uncontested cases, most still slip by” Thanks to Tom Lyons, at the Herald Tribune.  While this article uses examples from Florida it does a good job of highlighting what has become common practice here in Texas. If you are unwilling to make a choice to fight your foreclosure or struggling mortgage situation you’ve likely [...]

MERS – Who or What are they?

Recently we came across a great list of data points on MERS.   Prepare to be overwhelmed with the purposeful confusion MERS aims to achieve.  Articles specifically about MERS can be found here. MERS Basic Corporate Information MERS is incorporated within the State of Delaware. MERS was first incorporated in Delaware in 1999. The total number [...]

Ask the question. Do you have a cash out refi?? You do? Great!!!

If you’re a REALTOR helping a seller whose is facing a foreclosure situation in Texas AND they have a home equity loan or cash out refinance you can leverage the Texas Constitution to buy you time. But you need to takes steps immediately when the seller receives the customary “You Have Been Sued” letters.  But [...]