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  Don’t  Wait Any Longer Put the Law On Your Side The Real Estate Rescue Group Can Help! www.RealForeclosureDefense.com 310 953 3963
You Now Have a Viable and Affordable Option to Foreclosure… Fight Back…
Are You Facing Foreclosure? Refinancing is not an option if your credit score is too low and in foreclosure. Cure the Default—if you could do that you wouldn’t be in Foreclosure! Litigation—Is not realistic for most homeowners because it can take years and cost a hundred thousand dollars Sell/Short Sale— Home prices have dropped so much you owe more than the house is worth Negotiate— Why renegotiate a new loan with the Bank that sold you a BAD LOAN.  Negotiations help the Bank, NOT YOU. Walk Away— Why walk away with no money, bad credit and a possible deficiency judgment? Bankruptcy will ruin your credit for 10 years
Now You Have Options At a Price  You Can Afford
Foreclosures Hit a Snag for Lenders By GRETCHEN MORGENSON Published: November 15, 2007 A federal judge in Ohio has ruled against a longstanding foreclosure practice, potentially creating an obstacle for lenders trying to reclaim properties from troubled borrowers and raising questions about the legal standing of investors in mortgage securities pools.   Judge Christopher A. Boyko of Federal District Court in Cleveland dismissed 14 foreclosure cases brought on behalf of mortgage investors, ruling that they had failed to prove that they owned the properties they were trying to seize.    The pooling of home loans into securities has been practiced for decades and helped propel real estate prices in recent years as investors sought the higher yields that such mortgage trusts could provide. Some $6.5 trillion of securitized mortgage debt was outstanding at the end of 2006.   But as foreclosures have surged, the complex structure and disparate ownership of mortgage securities have made it harder for borrowers to work out troubled loans, in part because they cannot identify who holds the mortgage notes, consumer advocates say.    Now, the Ohio ruling indicates that the intricacies of the mortgage pools are starting to create problems for lenders as well. Lawyers for troubled homeowners are expected to seize upon the district judge’s opinion as a way to impede foreclosures across the country or force investors to settle with homeowners. And it may encourage judges in other courts to demand more documentation of ownership from lenders trying to foreclose.
[object Object]
This is what you Owe
“Negotiable Instrument”
Like a Check
Notes can be bought and sold
“Holder-in-Due-Course”
Deed of Trust
Collateral Instrument
If you do not pay the Note this is what they Foreclose on
Only the Holder-In-Due-Course can Foreclose2 Parts toMortgage Loan The Lender Must Produce the Original  or Prove They Are The Holder-In-Due-Course Or It Is Fraud
Principle of Law Contested Uncontested Both Parties Must Show Up in Court Present Evidence Judge Decides If Only One Side Shows Up  Presumed that Everything they Say or Present is True Affidavit of Lost Note Win by Default Historically in Foreclosures the Homeowner  Moved Out and Never Contest the Foreclosure

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Our foreclosure defense story

  • 1.   Don’t Wait Any Longer Put the Law On Your Side The Real Estate Rescue Group Can Help! www.RealForeclosureDefense.com 310 953 3963
  • 2. You Now Have a Viable and Affordable Option to Foreclosure… Fight Back…
  • 3. Are You Facing Foreclosure? Refinancing is not an option if your credit score is too low and in foreclosure. Cure the Default—if you could do that you wouldn’t be in Foreclosure! Litigation—Is not realistic for most homeowners because it can take years and cost a hundred thousand dollars Sell/Short Sale— Home prices have dropped so much you owe more than the house is worth Negotiate— Why renegotiate a new loan with the Bank that sold you a BAD LOAN. Negotiations help the Bank, NOT YOU. Walk Away— Why walk away with no money, bad credit and a possible deficiency judgment? Bankruptcy will ruin your credit for 10 years
  • 4. Now You Have Options At a Price You Can Afford
  • 5. Foreclosures Hit a Snag for Lenders By GRETCHEN MORGENSON Published: November 15, 2007 A federal judge in Ohio has ruled against a longstanding foreclosure practice, potentially creating an obstacle for lenders trying to reclaim properties from troubled borrowers and raising questions about the legal standing of investors in mortgage securities pools.   Judge Christopher A. Boyko of Federal District Court in Cleveland dismissed 14 foreclosure cases brought on behalf of mortgage investors, ruling that they had failed to prove that they owned the properties they were trying to seize.   The pooling of home loans into securities has been practiced for decades and helped propel real estate prices in recent years as investors sought the higher yields that such mortgage trusts could provide. Some $6.5 trillion of securitized mortgage debt was outstanding at the end of 2006.   But as foreclosures have surged, the complex structure and disparate ownership of mortgage securities have made it harder for borrowers to work out troubled loans, in part because they cannot identify who holds the mortgage notes, consumer advocates say.   Now, the Ohio ruling indicates that the intricacies of the mortgage pools are starting to create problems for lenders as well. Lawyers for troubled homeowners are expected to seize upon the district judge’s opinion as a way to impede foreclosures across the country or force investors to settle with homeowners. And it may encourage judges in other courts to demand more documentation of ownership from lenders trying to foreclose.
  • 6.
  • 7. This is what you Owe
  • 10. Notes can be bought and sold
  • 14. If you do not pay the Note this is what they Foreclose on
  • 15. Only the Holder-In-Due-Course can Foreclose2 Parts toMortgage Loan The Lender Must Produce the Original or Prove They Are The Holder-In-Due-Course Or It Is Fraud
  • 16. Principle of Law Contested Uncontested Both Parties Must Show Up in Court Present Evidence Judge Decides If Only One Side Shows Up Presumed that Everything they Say or Present is True Affidavit of Lost Note Win by Default Historically in Foreclosures the Homeowner Moved Out and Never Contest the Foreclosure
  • 17. The Law is the Solution The Problem is the Cost
  • 18.
  • 19. Violation of Truth in Lending Act
  • 20. Violations of Fair Credit Act
  • 21. RICO (Racketeer Influenced and Corrupt Organizations Act)
  • 23. Cannot Opt Out of Lawsuit
  • 25. When We File A Lis Pendens (Notice of Pendency of Action – Lawsuit Pending)
  • 26. The Lender Cannot Hold a Valid Foreclosure Sale
  • 29. CA Civil Code Section 2923.5
  • 31. ECOA
  • 32. The Fair Credit Reporting
  • 34. The Federal & State Unfair Debt Collection Act
  • 35. Fraud
  • 37.
  • 38. Compare With The Real Estate Rescue Group : Now: Property Stays in Your Name Stay in Home Litigation Agreement Makes Litigation Affordable New Lower Payments as of 10/15/11 Below Market Expense Restore Your Credit www.RealForeclosureDefense.com 310 953 3963 Must move 2-4 months Horrible Credit Security Deposits Wherever You Move Moving Expense Lost Investment Humiliation Deficiency Judgment if you refinanced and took cash
  • 39.
  • 40. Only homeowners in good standing whose loans are held by Fannie Mae or Freddie Mac qualify.
  • 41. The property must be owner-occupied and the borrower must have enough income to make payments on the new mortgage debt.
  • 42. Borrowers can’t owe more than 105 percent of their home’s current value on their first mortgage. For example, if your home is worth $200,000 your first mortgage can’t exceed $210,000.
  • 43. Homeowners can’t take cash out during the refinancing to pay other debt.
  • 44. Borrowers have until June 2010 to apply for the program.This is a voluntary Program Banks Choose to Reduce Debt You Decide If This Is A Solution For You!
  • 45. What Should I Do? If You Can Sell/Short Sale Do It If You Can Refinance Do It If You Can Renegotiate Do It If You Can Pay Your Debt Do It If You Can Stay In Your Home Do It If You Have Equity Do Not Do Our Program If You Have Good Credit Do Not Do Our Program If You Have Other Options Do Not Do Our Program If You Have The Money to File Suit Do Not Do Our Program If You’re At The End Of Your Rope, Its Not Too Late You have Options The Real Estate Rescue Group Can Help
  • 46. The Backbone Of Our Program… Our Attorneys Our attorneys believe that everyone deserves skilled, experienced and competent representation. They are dedicated to providing high quality legal representation with outstanding personal service. They thoroughly researches all legal issues and treat every client with extreme care. Once our attorney has a clear understanding of the law and your objectives, they passionately represent their interests. Our attorneys understand the hardships and concerns you may be facing due to your complex legal issue. Their firm has handled a myriad of cases covering a wide range of legal matters. When you engage their litigation attorneys and transaction lawyers, you can rest assured that they have the knowledge and resources necessary to represent your interests. Our litigation attorneys facilitate an effective team approach to cases. By pooling their knowledge and resources, they can efficiently provide thorough and concise legal guidance. Our lawyers collaborate and assist each other when necessary or when it is in the client’s best interest. With our Foreclosure Defense Program, you are not hiring a lawyer, you are hiring an entire team of legal advocates. "Law without enforcement is only good advice."  Abraham Lincoln
  • 47. Don’t Lose your Home… Fight Back! Together we can stand up for your Rights. Call now for your Free No Obligation Legal Consultation 310 953 3963 www.RealForeclosureDefense.com
  • 48. Your Choice! OR! Call for your Free Legal Consultation! www.RealForeclosureDefense.com 310 953 3963