Welcome to this website regarding Wrongful Foreclosures?
The Banks have been known to foreclose on elderly and the disabled because they’re easy foreclosure for the Banks.
They usually know these homeowners lack the funds to retain attorneys or fight the illegal foreclosure action.
Banks have told homeowners to miss three payments so they can make a loan modification from the Bank, however, the Bank forecloses on the homeowners instead. ( If you want to qualify for the HAMP Loan Modification. )
Even if timely payments were made the lender engaged in fraud. For example Banks have omitted that the person signing the foreclosure papers had NO REAL KNOWLEDGE OF THE HOMEOWNERS FORECLOSURE. The courts rely on these signed documents to foreclose. The Banks have been known to alter documents, forge signatures, and evict homeowners for no apparent reason.
Chase Bank has claimed to own WAMU Mortgages without complying with the wet ink note as required by UCC which is used in all fifty States. Chase is in violation of the law and orders from the Senate and Congress. Bank fraud!
Also they have violated UCC9-203(b) regarding Attachment and Enforceability since there is no value given in the deed of trust ( DOT ).
A wrongful foreclosure can happen in the foreclosure process in non-judicial States and their Courts. Even when the home owner missed payments even if the foreclosure is legal.
In many cases homeowners may have a wrongful foreclosure. The lender has been known to cause errors by mistake, miscommunication. The homeowners need to check if the foreclosure is following the law.
It appears Banks and Courts are operating in concert to grant the foreclosure even when it is in violation of the Constitution and laws made by the Senate and Congress. This is Bank fraud!
Causes of action that a homeowners can file. A homeowner can file a Pro Se lawsuit against their lender for the following:
(1) Breach of the homeowners contract
(2) Misapplied homeowners payments
(3) Unnecessary insurance when homeowners already have property insurance
(4) Wrong homeowners interest rate adjustments
(5) Wrong tax that impound accounts
(6) Unfair business practices
(7) Lender fails to follow the UCC
(8) The Lender fails to follow the laws in their State
(9) The Lender is not registered in the State
These are just a few reasons homeowners can file a lawsuit.
If the court rules in favor of the homeowner, then they can receive damages. The homeowner can receive compensation. The homeowner may also receive compensation for damages for wrongful foreclosure.
If the homeowner has evidence that the foreclosure was intentionally done out of malice or fraud, then the borrower could receive punitive damage. Check your State if you are allowed punitive damages. For example, Washington state does not allow punitive damages, however, California has allowed Washington to receive punitive damages by Court ruling from California Courts. Punitive damages are granted when wrong doers break the law and cause damages.
Banks and mortgage lenders must have legal recourse to start a foreclosure action.
Homeowners don’t be afraid to seek legal help. Banks and the Courts are not above the law and must follow the laws made by the Senate and Congress.
If you would like more information please go to www.axj.nu