Balancing the Scales of Justice for Pro Se Homeowners

Fighting Foreclosure is NOT about a FREE House — it is about a fair and reasonable loan

Posted by on Jan 23, 2012

Recently a friend sent me an email about a trial transcript circulating on the internet that details how a judge loathed the idea of giving a homeowner a free house, so much so that he ignored the law in his ruling.  Another friend, an attorney, shared a story with me about how the judge in one of her cases pulled her into his chambers and ripped her a new one by telling her that he would NOT give her client a free house – he became so red in the face she thought he was going to burst a blood vessel and have a heart attack; while another attorney told me about how a judge, in open court stated, “we (meaning the other judges in the courthouse) have discussed this and we are not going to give homeowners a free house”.   This is a narrative that the banks have controlled for too long; and it doesn’t help when homeowners’ attorneys buy into it.  The only people working on getting a free house are the servicers and their foreclosing trustees.  And it is imperative that you, as a pro se, or your attorney make that abundantly clear to the judge in your case.

This battle is about unfair loans that are based on misstated incomes and fraudulent appraisals resulting in unsustainable payments causing homeowners to lose their equity and default, which are now being foreclosed on by strangers that have never invested one red penny in the whole debacle.  It is about those strangers using unfair and deceptive business tactics through manufacturing of documents to cover up their own fraud so they can liquidate your property and claim additional payments from 3rd parties.  Your battle is to get to the real creditor to have a meaningful discussion on structuring a sustainable loan that the homeowner (or you)  can pay.  It is about finding out how much HAS been paid on the loan – by the homeowner or other 3rd parties, and then agreeing on a repayment plan of the balance due on the loan.  It is NOT and has never been about a FREE house for the homeowner.

If you cannot clearly articulate the reason for your fight and clearly articulate what you expect the outcome to be, then the banks will continue to control the narrative – and that narrative is you, as the homeowner, are a deadbeat that is trying to game the system through a series of technicalities in the quest for a free house.

So right now, take a few moments and write down WHY you are fighting the foreclosure and WHAT you expect the outcome to be. 

“Your honor, this Note was originated based on a fraudulent appraisal that overvalued the property and was funded by an unidentified creditor.  The parties foreclosing are strangers with no rights to the Loan payments or the property.  Our goal is to get to the real creditor so that we can have a discussion about structuring a reasonable repayment plan that allows the homeowner to PAY the loan based on a valid appraisal and retain the property”. 

Think about it.  Get clear.  Articulate it.  Then state your goals to the judge over and over and over.


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