Balancing the Scales of Justice for Pro Se Homeowners

CALIFORNIA HOMEOWNER BILL OF RIGHTS IS HITTING ITS MARK

Posted by on May 20, 2013

Both attorneys and pro se’s are getting traction in fighting the banks by leveraging the new California Bill of Rights that went into effect on January 1, 2013.  And….the bank’s whining has already started.  This a powerful tool, and when the bank’s start crying because it disadvantages them, then you know there is some bite to the bill.

 Homeowners Leverage HOBR to get Trustee Sale Cancelled or PostPoned

In February this Los Angeles homeowner received a Notice of Trustee Sale, in a panic she called to see if there was any research that Info To Fight Foreclosure had to help her.   So we crafted a Cease and Desist letter (Trustee’s are now liable for up to $50,000 for conducting the trustee sale in violation of HOBR) that the homeowner tweaked and over-nighted to the Trustee.  Two weeks letter the Trustee informed the homeowner the sale had been postponed from the end of March to the end of April; a week later the homeowner was informed the bank had called and “cancelled” the sale.  Trustee Sale Letter 1 -Redacted.

Karan, concurrently with filing the cease and desist letter filed a complaint, alleging violations of the National Mortgage Settlement and the HOBR.   Let’s see where this goes.

Last week another homeowner, Sarah, called.  Her Trustee Sale was scheduled for today, Monday, May 20th.  We quickly reviewed her  documents, drafted a cease and desist letter, and she overnighted the letter to Ocwen (servicer) and Western Progressive (Trustee).  The letter was sent on Wednesday, received on Thursday.  At 8:30am this morning she was informed the sale has been postponed.  Trustee Sale Letter 2 – Redacted.

Her next step is to send a pre litigation letter, highlighting the violations of law and offering a settlement.   We will let you know where this goes!

Make Sure Your Cease and Desist Letter Highlights the FACTS

As you can see, each Cease and Desist letter is slightly different; and this is important. In order to make sure the letter is acted upon it is important you understand what portions of the HOBR applies to your situation and re-iterate those issues in  the letter.  In Karan’s case, she is being dual tracked; in Sarah’s case the documents recorded in the official land records are void on their face.

If you need assistance in a Trustee Cease and Desist Letter and/or a Pre Litigation Letter, contact Info To Fight Foreclosure!

 

 NAKED CAPTIALISM SHARES BANK’S SHRILL CRYING

No one can tell the story like Naked Capitalism and they do, recounting the man’s crying and boo hooing that the California Legislative has enacted a bill preventing the bank’s illegal/unsafe and unsound business practices.  Come on..all  together……. ooohhhh…poor babies.

 

Naked Capitalism continues reporting in Quelle Surprise! Banks Whining About the Costs of Breaking New California Homeowner Bill of Rights

If you haven’t investigated the Homeowner Bill of Rights now is the time to do so!  Gold & Hammes, a California Based Consumer Bankruptcy attorneys provides a nice overview here.

 

KEEP UP THE FIGHT!

 

Simonee

www.infotofightforeclosure.com

LEGAL DISCLAIMER:    I am not an attorney and this is not legal advice.  This is for educational and informational purposes only. Take no action on this  Information without consulting an attorney in your jurisdiction

One Comment

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  1. Mike Ohanley

    Thx for this awsome post

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