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RE: [tips_and_tricks] Foreclosures........

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  • Christopher Dilts
    Helllo No it is not TILA but RESPA Title 12 USC 2605 you can actaully sue for actaully damages but that only applies to loans that cover family property.
    Message 1 of 11 , Mar 1, 2006
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      Helllo

      No it is not TILA but RESPA Title 12 USC 2605 you can actaully sue for actaully damages but that only applies to loans that cover family property. Although I suggust suing under a theory of breach of fiducary duty or breach of contract. More then likely you may also be able to sue under your states Unfair and Deceptive Practice Act as well. If you have any questions feel free to ask


      From: "jennifer" <caveman196540@...>
      Reply-To: tips_and_tricks@yahoogroups.com
      To: tips_and_tricks@yahoogroups.com
      Subject: [tips_and_tricks] Foreclosures........
      Date: Fri, 24 Feb 2006 07:15:17 -0000

      I am in Arizona.I purchased a home as an investment property, paid one
      month of mortgage payments when I get a letter saying that they had
      sold the note to another lender ....well the lender never sent me any
      statements I called them several times and yet no mortgage statements.
      The last time I called one of the reps said that they could not find
      my loan I asked an attorney and he couldn't help me.  6 moths later
      they foreclosed and what is worst they never notified me. No letter,
      mail, nothing not even a sticky note.

      Any suggestions would be greatly appreciated.....

      I had heard somewhere that TILA says that the lenders have to notify
      you via certified mail??????










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    • Doug
      I have done a default process w/my mortgage co Centex and filed it w/the county recorders office! I have a stack of papers you wouldn t believe ! I also have
      Message 2 of 11 , Mar 1, 2006
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        I have done a default process w/my mortgage co "Centex" and filed it
        w/the county recorders office! I have a stack of papers you wouldn't
        believe ! I also have a recording of a secretary's conversation stating
        that they sold the note or contract 30 days after closing. I have an
        atty that is ready to file suit ! do you think it would be best to get
        him to file instead of me? it seems that most courts won't even notice a
        "pro sae" believe me i have tried but not w/a mortgage.

        Christopher Dilts wrote:

        > Helllo
        >
        > No it is not TILA but RESPA Title 12 USC 2605 you can actaully sue for
        > actaully damages but that only applies to loans that cover family
        > property. Although I suggust suing under a theory of breach of
        > fiducary duty or breach of contract. More then likely you may also be
        > able to sue under your states Unfair and Deceptive Practice Act as
        > well. If you have any questions feel free to ask
      • Christopher Dilts
        Hello In order to answer that type of question you would have to define what the default method you are speaking of. As to what you are refering to on the
        Message 3 of 11 , Mar 2, 2006
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          Hello

          In order to answer that type of question you would have to define what the default method you are speaking of.  As to what you are refering to on the company selling the note after closing this is a common practice and is not unlawful. Mortgages have two aspects when it comes to claiming interest in the contract.

          There is the equitable interest which is usually held by the Serveicer, Mortgagee, or retained by the original lender. (This is the right to recieve payments on the debt) If the company gave you the service disclosure there is no violation of law

          There is a legal interest which is held by the holder of the note, or by the Trustee when a deed of trust is involved.  (This is the right to foreclose or call breach in a action at law)

          So you should not base your lawsuit on these grounds


          From: Doug <rudi2396@...>
          Reply-To: tips_and_tricks@yahoogroups.com
          To: tips_and_tricks@yahoogroups.com
          Subject: [tips_and_tricks] Foreclosures........
          Date: Wed, 01 Mar 2006 12:23:10 -0500

          I have done a default process w/my mortgage co "Centex" and filed it
          w/the county recorders office! I have a stack of papers you wouldn't
          believe ! I also have a recording of a secretary's conversation stating
          that they
        • jessie garcia
          Oh no I realize that. The lender was abc mortgage I paid The first month mortgage payment, the following month came around and no statement on the third month
          Message 4 of 11 , Mar 2, 2006
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            Oh no I realize that. The lender was abc mortgage I paid The first month mortgage payment, the following month came around and no statement on the third month of no statement I called and they said that the note was sold to xyz mortgage. I then asked why they never notified me and they said that a letter was send out and perhaps it got lost in the mail. I called xyz mortgage and they did not have a record of my loan. I kept calling and calling but no response 6 months later they foreclose on that house w/o notifying me. I find out of the foreclosure until I saw a for sale sign from the new owners of that house. Who told me that they baught it at an auction. This was an investment property.

            Christopher Dilts <christopherdilts@...> wrote:
            Hello
            In order to answer that type of question you would have to define what the default method you are speaking of.  As to what you are refering to on the company selling the note after closing this is a common practice and is not unlawful. Mortgages have two aspects when it comes to claiming interest in the contract.
            There is the equitable interest which is usually held by the Serveicer, Mortgagee, or retained by the original lender. (This is the right to recieve payments on the debt) If the company gave you the service disclosure there is no violation of law
            There is a legal interest which is held by the holder of the note, or by the Trustee when a deed of trust is involved.  (This is the right to foreclose or call breach in a action at law)
            So you should not base your lawsuit on these grounds

            From: Doug <rudi2396@...>
            Reply-To: tips_and_tricks@yahoogroups.com
            To: tips_and_tricks@yahoogroups.com
            Subject: [tips_and_tricks] Foreclosures........
            Date: Wed, 01 Mar 2006 12:23:10 -0500

            I have done a default process w/my mortgage co "Centex" and filed it
            w/the county recorders office! I have a stack of papers you wouldn't
            believe ! I also have a recording of a secretary's conversation stating
            that they

          • Advancepum@aol.com
            Every state that I am aware of has safeguards in the rules of the courts that you must be served with a notice somehow. They probably served you with
            Message 5 of 11 , Mar 2, 2006
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              Every state that I am aware of has safeguards in the rules of the courts that you must be served with a notice somehow. They probably served you with publication in "newspaper" if they didn't you can get the home back. if they published the notice there would be a bunch of leaches  Esquires mailing you letters trying to get the case from you. this tells me that there was probably fraud involved in which case you can get tripel damages in Illinois. Plus legal fees. Look it up in the court records.
              Paul

              In a message dated 3/2/2006 3:02:03 PM Pacific Standard Time, caveman196540@... writes:

              Oh no I realize that. The lender was abc mortgage I paid The first month mortgage payment, the following month came around and no statement on the third month of no statement I called and they said that the note was sold to xyz mortgage.


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