More and more each day homeowners across America are beginning to “get it” and are fighting to stop foreclosure fraud. But for many families, especially ones that are representing themselves in court, they do not know where to turn to in order to legally support their facts and defend their homes against Foreclosure Fraud.
“Many homeowners who are fighting to stop foreclosure fraud are aware that Pretender Lenders aren’t a real party of interest and lack standing to foreclose. They have evidence of foreclosure fraud, robo-signers, fraudulent notaries and much more, but they don’t know the proper foreclosure defenses that actually make up the key pieces to the puzzle, that make the foreclosure illegal,” explains Rick Haughton, a former Mortgage Lender and now Consultant at Foreclosure Fraud Exposed. “It starts with documentation and taking a trip down to the Register of Deeds to make certified copies of everything on record. It’s evident that homeowners are aware that fraud of some sort exists, yet many struggle to understand the technical aspects of the law well enough to prove it on their own in court. This is where the Uniform Commercial Code or UCC can play a very key role.”
The UCC has been adapted by all states; California, Florida, New Jersey, Nevada and New York and North Carolina have enforced it more frequently in recent homeowner victories. The UCC clearly outlines rules that govern commercial transactions, including mortgage promissory notes and important issues such as who has “possession” of the note, or who is the “holder” and can legally enforce it.
Section §3-301 of the UCC describes “Persons entitled to enforce instrument” which means (i) the holder of the instrument, (ii) a nonholder in possession of the instrument who has the rights of a holder, or (iii) a person not in possession of the instrument who is entitled to enforce the instrument pursuant to Section 3-309 or 3-418(d). The important thing to note hear is that if a Pretender Lender or other party is trying to foreclose and cannot produce the physical mortgage Note and does not have documentation to prove that they have the rights of a holder, they cannot legally foreclose.
Homeowners nationwide have been wising up over the past couple months, learning about the foreclosure process, and effective foreclosure defense tactics to save their homes. “This has been evident from the increased spike in traffic volume, new member registrations, and the average time members spend on the site learning what steps to take in fighting foreclosure, which has increased to an average of 3.6 hours daily per member,” echoed Rick Haughton.
“In the situation where a person’s Note has been lost or destroyed through securitization, the UCC Section §3-309 describes what is required to prove that a party can enforce the Note,” Haughton elaborates. “You see, if a Pretender Lender has lost a person’s Note, they have to prove that at the time the Note was lost, stolen, or destroyed they were entitled to ownership or can prove that they acquired it legally from the owner of the Note. They cannot just show up and claim the Note is quote unquote ‘lost’ and expect to have full ownership rights and enforcement to the mortgage, including the right to foreclosure.”
Yet in too many instances, this is exactly what happens because uneducated homeowners don’t know proper foreclosure defense. Too frequently homeowners are unaware of these foreclosure defense measures and go up against the Pretender Lenders unprepared. The ultimate result the majority of the time: homeowners lose and fall victim to this nationwide foreclosure fraud.
“If a homeowner is properly educated and has invested time in learning the foreclosure process to support their claim, there should be no reason why they cannot be able to deliver a solid case themselves, or seek professional counsel at that stage for additional support and have a positive outcome to save their home,” Haughton stresses. “It’s more important now than ever that homeowners know the facts about foreclosure fraud, foreclosure defense, such as the UCC, and how to structure their foreclosure case to receive proper foreclosure help from professionals. This is how to build a solid foreclosure defense against Pretender Lenders and win.”
To learn more about the different types of Foreclosure Help, Foreclosure Defenses, and How To Stop Foreclosure Fraud Please Visit: http://foreclosurefraudexposed.com
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Rick Haughton has been instrumental in helping homeowners across America understand the foreclosure process, what their rights are, and how they can stop foreclosure and not fall victim to foreclosure fraud.
ForeclosureFraudExposed.com is the Internet’s 1st step by step video website, that provides foreclosure help to homeowners, by educating them on foreclosure defense, how they can protect their rights, how to find a securitized loan, and how homeowners faced with falling behind on payments, can legally fight to stop foreclosure.
Media= For Information Contact Vanessa Duvale – support@foreclosurefraudexposed.com
To learn more about the foreclosure process, foreclosure fraud, what your rights are, and how to stop foreclosure? Please visit http://foreclosurefraudexposed.com for more information.
Media Contact: Vanessa Duvale Foreclosure Fraud Exposed, support@foreclosurefraudexposed.com