Many a client call me when its toooooo late however sometimes something can be done it would envolve an appeal and this application for a stay. Most likely you will have to pay the reasonable rental value till the case is decided. And … Yes we have had this motion granted. ex-parte-application-for-stay-of-judgment-or-unlawful-detainer3
When title to the property is still in dispute ie. the foreclosure was bad. They (the lender)did not comply with California civil code 2923.5 or 2923.6 or 2924. Or the didn’t possess the documents to foreclose ie. the original note. Or they did not possess a proper assignment 2932.5. at trial you will be ignored by the learned judge but if you file a Motion for Summary Judgmentevans sum ud
template notice of Motion for SJ
TEMPLATE Points and A for SJ Motion
templateDeclaration for SJ
TEMPLATEProposed Order on Motion for SJ
TEMPLATEStatement of Undisputed Facts
you can force the issue and if there is a case filed in the Unlimited jurisdiction Court the judge may be forced to consider title and or consolidate the case with the Unlimited Jurisdiction Case
2nd amended complaint (e) manuel
BAKER original complaint (b)
Countrywide Complaint Form
FRAUDULENT OMISSIONS FORM FINAL
sample-bank-final-complaint1-2.docx
California stop foreclosure and get your own shortsale COMPLAINT
elderabusecomplaint
And in some cases an injunction is in order
Foreclosure injunction TRO
and a Lis Pendence
Dear Timothy:
Here’s my situation.
-According to my lender, my primary residene was “sold at auction on 1/20/09″.
-Prior to that, I didn’t receive any recent notice of default nor notice of sale. I was supposedly in the modification process.
-Anyway, on 1/23/09, a real estate agent was offering me money ($2000) to move out. I didn’t take the offer.
-The following week, a “3-day” eviction notice was posted on my door and I received exact notices in my mail.
- I called the LLC company who sent the eviction notice and told them I can’t move in 3 days. They said they understood and that it’ll take about 45-60 days for the process to continue before a sheriff would come out.
- Went to the county recorder’s office and didn’t see any recordings of a sale on 1/20/09 for my property.
- My house is already listed on the real estate agent’s site and it’s making me really anxious.
Please advise me of my options. I want to fight the lender. I really don’t want to lose my home.
Thank you in advance.
See the “been evicted i have a plan page”
Timothy:
I almost forgot. I’m a disabled veteran with an autistic child. My home loan was not a VA loan. If worst comes to worse, is there any way, with my now poor credit, I can buy back my property from the “new owners”.
Thanks again.
Timothy, the So. Calif. line is unreachable.
I have a sale date of June 1. No substitution of trustee has been filed. UBS AG, my lender is under scrutiny of the FBI for Mortgage Fraud, Tax Fraud and Securities Fraud. I need a stay of execution. Have already typed the ex-parte and Injunciton. They have violated Respa, Tila, and did not allow me to use the notice of rescission at the start of the loan. This is a predatory lender at the worst. Violated Cov. code sec. 2923.5. Refused to talk to me by hanging up, yelled at me for asking for a statement after making a payment. Refused many, many phone calls. As soon as I filed a Notice of Non-compliance, they filed a NOD. Can’t find a lawyer who knows about all this. I am a Notary for Loan Specialist, Certified Loan Processor, Certified in Escrow II. A Forensic Audit has revealed a host of Federal Violations.
Easy to understand guide for post foreclosure & dealing with UD (unlawful detainer). Act Fast!
http://www.scribd.com/doc/16401692/Eviction-A-Guide-Steps-to-Take-Post-Foreclosure-to-Save-Your-HOME
I went ahead and paid the $5.00 for this and was wondering did anybody else find errors in the document..
Ie: is there 5 days to answer a U.D. or 1 day?
Is it true that if there isnt a bid 2/3rds of appraised value the Auction has to be rescheduled? For the banks benefit only or the Owner’s?
In my case 2/3> of the value would have been in my benefit because I had a large amount of equity, I want my property back anyways its just speculating..
paid 5 dollars for what??? we do not charge for documents ???
Tim-unable to open the seconded amended complaint file. May be corrupted.
Hi Abby.
I have read quite a few of your comments and your house situation, and I believe somewhere you had a easy to read step by step process article…
I am so confused by all of this and cant find that article and I have got to file something with the court tomorrow. If you could e-mail me that link I would be grateful thank you.
Mike
Tim, regarding section 109(h)(3) – EXEMPTION to Consumer Credit Counseling Certification: I’ve read it and it appears to be a LIMITED EXEMPTION. In order to get this EXEMPTION you must file an emergency filing to prevent a harm – unlawful detainer, foreclosure or trustee sale. You MUST file a Declaration of Extigent Circumstances and a NOTICED MOTION regarding the Exemption. The court will determine if it will grant a permanent exemption. It is not clear if that Declaration must be filed at the time of filing or if you have 15 days to get that in. In any event, as an individual or joint debtor Credit Counselling IS required. Mental defect will get an EXCEPTION, however, it appears moot as the legal guardian should then be responsible to act on the debtor’s behalf. Please advise if my analysis is even remotely correct. Thank you so much. I wish I had all this info in 2006 when I filed my case. Thank you.
It should be noted there is a difference between and EXCEPTION and an EXEMPTION. I’m going to bed!
I believe you are right. File the emergency then you have a few days to get the credit counseling certificate in or the case will be dismissed
Thank you Tim! Is there any way to get samples of your complaints and docs? ?They appear encoded from the website. I have a unique situation I think because New Century transferred my property to OCWEN on the same day it filed chapter 11, while in active litigation with me in Fed court. I sued Ocwen. Judge determined that I had to sue New Century not Ocwen, so I am in Delaware in an adversary in the Bk court feeling like an inmate who keeps droppin the soap. (You feel me on that?) In the meantime, I filed chapter 13 locally and filed an adversary against OCWEN (and now I think I have to include DB STRUCTRED Products whom OCWEN transferred the property to and claimn is the mortgage holder. – BUT I am alleging that the initial transfer to Ocwen was MOOT so subsequent transfers invalid. Hard work – I so respect attorneys!) I have a lis pendens on my property, not in foreclosure but why wait till foreclosure? I want to wrap this up asap. Any docs you think I should review please email directly to me at blaqrubi@yahoo.com or lesliepatrice@yahoo.com. Thank you so much for this great site. I have shared with many others. Leslie Marks
they are in Word or PDF that is the best i can do maybe you have word 2003
I do have word 2003 and Adobe Pro and I can’t open the links at all! Can you repost, possibly?
Leslie-HI, I am New Century victim too. I have had several hearings in Judge carey’s courtroom (via telephonic as I am in CA) in Delaware. Not having much success. Two weeks ago I did a Motion to Lift Stay on New Century to see if I could proceed with discovery as I did name New Century in my CA complaint.
NO WAY. I have something which might be helpful to you. What steps did you have to take to do the adversary proceeding in NCM BKR 11? Did you file a proof of claim. They claim to have lost mine. So, I have to refile and then
do a motion with judge carey to see if he will accept a late claim.
I also was on the court phone and Mr. Pierre Augustin had hearing prior to mine with judge carey. He also is a NCM victim. Pierre is a very sharp pro se gentleman. Anyways, he has an adversary proc. against NCM in carey’s court.
He and I have been emailing as we are dealing with mostly same players.
NCM, Deutsche Bank and Chase.
email me carra2009@gmail.com I have some information which might help you a great deal.
Abby, I would NOT refile a claim. They would have to FIND the original claim submitted or AGREE to allow it to STAND! They “lost” it so I don’t have a claim? And now the Court has GRANTED them the right to OBJECT to that claim when you file it??? What a crock! New Century is so funky you can smell the smog in California from Delaware!
Were you at the hearing where Judge Carrey said that New Century’s plan was Rejected but they are proceeding like it was approved? Unbelieveable! I thought I was listening to an episode of Boston Legal or some such comedy!
I believe I was appearing telephonically on the same day as You and Mr. Augustin. I have New Century and Ocwen. Check your
Abby I will contact you shortly via email! THANK YOU! I have some ideas for us as well…
Tim & Leslie–I have trouble only with the first file…2nd amended complaint 9e) manual
I get messages that the file is corrupted.
The other open fine.
Check your email. Let me see if I can open the Second Amended Complaint, I don’t think I could. I tried to download and review all of Tim’s documents, I will do this while you are checking your gmail account. Where are U in California?
Abby and Tim: To successfully get a copy of the documents on this site, do not open them. Download and save to your desktop, I have gotten each and every document this way. Sorry Tim, there is no need to reload the docs. (I just had a cup of coffee, which is my spinich…like popeye!) LOL
Tim How do I upload my picture?
I’m under water on my home, and need a good lawyer in Oregon that total under stands on how to work with B.O.A. They are trying to give me a loan modification and its worst then ever . I had a Countrywide loan 1st and 2nd. which is now, B.O.A.. Do you no of any lawyers in Oregon, or can any lawyer from any state work with us. They just need to under stands how CountryWide screwed up and is willing to work with us. My time is short. Thank You
See my post “Lawyers that Get It” the is a list of 150 lawyers who defended foreclosures.
Tim
why do some banks say that in California it is not important to produce the original note?
is there something unique to California law?
I went and talked to 1 lawyer that was on you list, called the 2nd lawyer, and they don’ get it and don’t want any thing to do with it. Called the 3rd lawyer and his phone was disconnected. Why would this lawyer even be on the list? Do you personal know of any lawyer in this state that will work with us. I know we have a good case, we just need the right connections. Can he be from a differant state?
Thanks
I just received a modification from AHMSI (my attorney states it is great and the best they can do.
It is a 2% step program ; our loan is 629K and they are capitalizing 51K at the end of loan so our new loan amount is 680K (all numbers approx). Our new payment would be 3324.90 starting in Dec. Wow now that is going to kill us. Some help is what I say. The attorney is asking for 2400 for the modification. Do I have a right to decline the moficiation?
Will show me the note be valid procedure in CA and should I send request to AHMSI?
Do I have a right to request all communication between the attorney and Ahmsi; on our behalf
Please help, getting so stressed and sick; we are short sale our other property because they said they would not work with us with 2 properties. That file has been closed 3 times and it will be a year since starting the process. We had multiple offers and the current one is a cash offer. DISGUSTED IN CA.. We really want to keep our home.
Oh I am sorry I currently did a estimate on zillow.com and it stated our home is worth 497,500 the site said to subtract 59K (this is how much it cost the lender to foreclose) so our home is 438,500 which is in the right ballpark of what some houses are going for, some even less. Can I ask and request the mortgage company to modify at that rate? According to Civil code 29236 it states they should be working with us. why don’t I see it.
Liz in CA
did you call Tim McCandless and talk to him?
find his number on here.
I think he has had many good experiences negotiating the lender to come down on the loan amount (remember, the loansters created an artificially over appraisal). Your loan amount is going up.
Nevertheless, I’d call and talk to Tim McCandless.
Of course, I do not know a thing about your current attorney etc.
Have you gone onto LivingLies weblog and read any postings. It also was started by an attorney…but it is a huge site with over 1.3 million visitors now.
Abby thanks so much I have been searching and searching and coming us with so many sites regarding this and I am overwhelmed. I will call and see if he can help. Thanks
Hello Timothy,
Please give me your advice on my situation. My homeowners association, filed a lien, trustee sale, and an auction date for 9,200.00 It did not sell. When a notice was placed on my door, I had a tenant in the unit. The tenant stopped paying me the rent. I requested that he move so I could do a short sale. He said he wouldn’t move cause it was no longer my property. I wrote a hardship letter requesting an extension. It was denied. I offered a settlement, that was denied. I had personal belongings in the property that I allowed the tenant to use. Before my 90 day period was over to reclaim the property, I wanted to retrieve my belongings. The association told the tenant he would be liable to replace anything that was taken. I was told by HOA that my belongings were abandoned. They were never abandoned. The tenant did not pay me any rent but pays the Association to live there. The locks were changed. I don’t know if the tenant or the association changed the locks. I was locked out but my name is still on title. I was advised to file bankrupty to stop HOA from taking the property after the 90 day period. I filed bankruptcy, chapter 7. HOA then let me inside to retrieve my belongings. The bank has began sending me mortgage statements, it’s in foreclosure as well. I’ve been told the bank cannot interfere w/the homeowners association and I need to settle w/the association, then deal w/the bank to try to modify my loan. The tenant is still living there, it’s been over a year. He has developed a relationship with the HOA. I’ve been advised that being the HOA did not properly serve me with an eviction or notify me of locks being changed, that it is unlawful in California. I don’t know if HOA or the tenant changed the lock. I feel like I don’t have any say-so with this matter with the HOA being involved. Secondly, I don’t live there. Do I have any rights as the “title owner?” I’ve heard I have rights to the property, if so, what are they ? The tenant knows exactly what he’s doing, which is why he’s still there. Is this true ? I’ve been told to “fight” to get my house back what are my recourses? I’ve been advised to write a complain to the state attorney general. What will that do? Is the only way to get the property back it to pay the $9000, if I had it, then give the tenant a notice. It seems the HOA has superceded the bank and they are in total control. What legal rights does the tenant have although I’m on title. Please give me clarity through all the confusion. Thank you Tim