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    Free & Clear, Standing & Quiet Title: 11 Possible Ways to Get Rid of Your Mortgage
    Free & Clear, Standing & Quiet Title: 11 Possible Ways to Get Rid of Your Mortgage
    Free & Clear, Standing & Quiet Title: 11 Possible Ways to Get Rid of Your Mortgage
    Ebook92 pages1 hour

    Free & Clear, Standing & Quiet Title: 11 Possible Ways to Get Rid of Your Mortgage

    By Carl E. Person

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    About this ebook

    The author, a foreclosure defense attorney and graduate of Harvard Law School, explains 11 ways in which a homeowner possibly can win his mortgaged property free and clear of the bank's asserted mortgage lien. This result is not possible or practicable in most situations, but it is important for homeowners and attorneys to understand when they are looking at a free and clear potential.
    To understand how free and clear is sometimes obtainable, the author explains how to defend a foreclosure action in the 22 judicial-foreclosure states, and how to defend against a threatened foreclosure sale in the 28 non-judicial foreclosure states.
    Foreclosure defense of both types involves the important issue of standing to file and pursue a foreclosure as well as the standing to notice and proceed with a non-judicial foreclosure sale.
    The author explains how a Quiet Title Action by the homeowner is the way to defend against a threatened foreclosure in non-judicial states, and that in judicial-foreclosure states the bank, loan servicer or investor in the note has to sue. In spite of this dramatic difference, the issues are pretty much the same.
    The author explains the remedies available to the mortgagor after the mortgaged property has been sold.
    One of the main barriers to getting or accepting competent legal services is a misunderstanding of various popular foreclosure issues, and the author describes these issues and explains why they are not very helpful and can deter the homeowner from focusing on the issues having far more likelihood of success.
    The e-book will help homeowners and their owners analyze what needs to be done, and certain pitfalls to avoid.
    LanguageEnglish
    PublisherBookBaby
    Release dateMar 27, 2015
    ISBN9781483552491
    Free & Clear, Standing & Quiet Title: 11 Possible Ways to Get Rid of Your Mortgage

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      Book preview

      Free & Clear, Standing & Quiet Title - Carl E. Person

      Copyright © 2015 by Carl E. Person

      ISBN: 978-1-4835524-9-1

      Table of Contents

      Introduction

      Author is an Experienced

      Foreclosure Defense Attorney

      Foreclosures Starting in 2008

      I Owe the Bank. What Can I Do?

      Judicial Foreclosure States and

      Non-Judicial Foreclosure States

      Foreclosures in Judicial

      Foreclosure States

      What the Foreclosure Defense

      Attorney Should Be Trying to Do

      In a Judicial-Foreclosure State

      When Free and

      Clear Is

      a Possibility

      11 Possible

      Ways to Obtain

      Free and Clear

      Free and Clear Does Not

      Include Other Matters

      Frequently Raised

      by Non-Lawyers

      Dealing with Concept

      that the Mortgage

      Follows the Note

      There Are No Wrongful

      Foreclosure Actions in

      a Judicial-Foreclosure State

      Defending Threatened

      Foreclosure Sales in

      Non-Judicial States

      If Your Home Was

      Sold through Foreclosure

      in a Non-Judicial State,

      Consider a Wrongful

      Foreclosure Action

      The Importance of

      the Quality of Your

      Complaint or Answer

      Cannot Be Overstated

      Recent Cases Awarding

      Damages to Homeowners

      Statute of Limitations

      and Proof/Evidentiary

      Problems as to Wrongful

      Foreclosure Actions

      Reviewing What I've Said

      Other eBooks

      by Carl E. Person

      Foreclosure-Related

      YouTube Videos

      by Carl E. Person

      APPENDIX

      List, Description and

      Links to Foreclosure-

      Related YouTube

      Videos by Carl

      E. Person

      Introduction

      Foreclosure proceedings are clogging the state courts in throughout the nation's 3,100 counties. Foreclosure proceedings are being brought against lawyers, doctors, judges, sheriffs, policepersons, diplomats, multi-millionaires (several years ago), school teachers, businesspersons, housewives/husbands, disabled, veterans and just about every category imaginable. The financial crisis has hit perhaps 99% of the population adversely, and the other 1% are getting richer. Foreclosures is just one of the ways in which the economy is ever-increasing its concentration.

      Most individuals facing foreclosure believe that because they haven't been able to pay the promissory note they signed years ago, when the economy was better, they have no defense to the foreclosure and let the home go by default (i.e., by failing to do anything to stop for foreclosure proceeding). For most homeowners facing foreclosure, this is a bad mistake.

      This book will give you ideas that should help you decide how to deal with a threatened foreclosure of the mortgage for your home.

      This ebook explains how a homeowner can wind up owning the home free and clear of an outstanding note and mortgage. This information will be useful to homeowners and their attorneys defending against foreclosure.

      The obvious ways of winding up with ownership are not going to be discussed, other than to list them right now: Paying down the mortgage over its lifetime; bankruptcy and a homestead exemption; inheriting the property with the testator's executor being directed to pay off the mortgage, purchase of the note and mortgage; discounted payoff of the note or mortgage.

      What I'm going to present is the different ways in connection with a foreclosure proceeding the homeowner could wind up owning the property free and clear of the asserted lien (i.e., the note and mortgage being enforced through foreclosure). The discussion will also go into various aspects of foreclosure defense which will help you and your attorney decide what you need to do to have the best chance of saving your home.

      The one thing you should not do, even though you are in default on the mortgage, is to be in default in the foreclosure action (a judicial foreclosure) or fail to take action on a timely basis in a foreclosure sale under a deed of trust (a non-judicial foreclosure)..

      Author is an Experienced

      Foreclosure Defense Attorney

      There are several critical things a homeowner needs to do to defend against a threatened foreclosure. The first is to hire an attorney who is truly knowledgeable and experienced in defending against foreclosures. This is difficult for most homeowners because many attorneys will believe they have the required competence but have only a limited competence (such as handling loan modification applications, or doing Chapter 13 bankruptcies, or doing real estate transactions). The attorney most useful in defending against a threatened foreclosure is a commercial litigator who has substantial experience in defending against foreclosures. Such a person is often difficult to find.

      A solution for some homeowners is to retain an attorney located in another state to prepare the needed paperwork and email the paperwork to the homeowner's local lawyer (preferably a commercial litigator) who will review the paperwork, make appropriate changes, and file the papers in court on behalf of the client. The out-of-state foreclosure defense attorney working with the in-state commercial litigator is the best way to solve the typical problem of not being able to find a suitable local attorney. Of course, the homeowner still has to find a competent foreclosure defense attorney from somewhere within the nation's 3,099 other counties.

      I suggest that you start by giving me a call and I'll give you some valuable insight, sometimes by saying (if I believe it to be true) that you have little chance of saving your property and probably should be thinking about asking the lender to give you $5,000 or so to move out. On the other hand, you might be told by me that you have a defense to the foreclosure or in some cases that you have a potential to obtain the property free and clear of the mortgage now threatening you.

      This solution of getting your experienced foreclosure defense attorney from anywhere in the country to work with your local attorney (hopefully, a commercial litigator) is the most appropriate way to proceed for many homeowners.

      Foreclosures Starting in 2008

      Starting in 2008, many of the nation's homeowners started falling behind on their mortgages, mainly because of a bad economy and also because many of the mortgage

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