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Found 2 results

  1. I'm wondering if this is even possible due to jurisdiction issues, but here is the dilemma: Lender has filed a motion for relief of stay in my bankruptcy case. The motion was supported by a declaration of one of lender's employees, who is claiming to be a custodian of records/specialist, etc. etc. The declaration was signed under penalty of perjury and some of the information in it was incorrect. Once the bankruptcy is over, is it even theoretically possible to use that declaration to launch a RESPA/QWR inquiry into how loan servicer made the oversights/errors that can be seen in the declaration? Or is this a waste on my end due to the fact that the declaration was filed in one venue (Bankruptcy court), while I am using it outside of scope, so to speak. But, if I am not mistaken, RESPA is federal Law, so I keep wondering... I guess I am trying to fish out some loan servicer errors, so I am wondering if this could be used as an opportunity or if I am going down a blind alley with this idea. Thanks.
  2. Just curious if anyone has had any experience defending against foreclosures in California or in any other non-judicial foreclosure state. I am currently 3 months behind on my first mortgage and have filed for Chapter 7 bankruptcy recently. The automatic stay is currently in effect, and the lender has not filed the motion for relief of stay (not yet). I have sent one QWR request and got the note, deed of trust and other basic stuff. I have also sent the loan modification docs, but was told not to expect too much to happen on it while I am in chapter 7. I have sent one payment this month (that's all I could do), but was told by the servicer that they need to consult with their lawyer to see if they would accept the payment. I'm not too optimistic that they will take the payment. Anyway, I am not really expecting much from the loan mod, and am trying to see what my strategies are to delay the foreclosure for as long as possible. I do have a BK attorney who has filed my case right before the lender got a chance to record a notice of default, so the foreclosure clock hasn't started yet. Once I get my debts discharged and the stay is lifted, I will still have those 90 days before the notice of Trustee sale, so I could try to catch up on my payments. My financial situation is such that I can keep making a monthly mortgage payment, but have hard time closing that 3 month payment gap unless I delay the foreclosure some 6-12 months out, which would give me a chance to catch up. My attorney has recommended filing a Chapter 13 in good faith shortly after Chapter 7 to save the house, but Chapter 13 is really my least favorite option, and I'd almost prefer to lose the house than to go through two bankruptcies in a row. I had to do chapter 7 because of various other debts (long story), but I realize that Chapter 7 only delays the inevitable (foreclosure) and is not really designed to fix it. However chapter 13 bankruptcies have such a high failure rate, so I didn't really want to go that route. With all the debts and high mortgage payments, it seemed like I would have had a really tough time surviving the 3-5 year payment plan. Now, I've seen a bunch of blogs online with people in non-judicial foreclosure states filing the Quiet Title complaints, other injuction actions, TILA actions, etc. etc. Has anybody here done any of it? I am trying to use my automatic stay wisely and read up on all defenses before the stay is lifted in my case. Also, I am seeing some of the securitization defenses, etc. but since my lender is a Credit Union, I am not really sure how to find out whether my loan has been securitized at all. I've tried searching through EDGAR, but there's nothing there. Apparently, with a credit union not being a public company, I am kind of a loss at how to even get a hold of the pooling and servicing (PSA) agreement for my mortgage. If I file any sort of lawsuit (quiet title) against my lender and do any discovery, they'll probably object the heck out of me trying to get a hold of the PSA. Does anyone know of any good foreclosure delay strategies? Anyway, I'm willing to fight it all the way through the unlawful detainer Court (if the lender forecloses), but would like to concentrate on all I can do to gain several more months of time before the foreclosure. Somebody here has commented that Unlawful Detainer Court is pure hell, so it'd be nice not to get there in the first place. Thanks.