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need help- rumors and facts re foreclosure. Comments, suggested, additions requested.

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  • T M
    I ve been hearing a lot of rumors about what is and is not trueregarding promissory notes, foreclosure, and methods of defendingagainst theft-by-bank of
    Message 1 of 1 , Dec 28, 2004
      I've been hearing a lot of rumors about what is and is not true regarding promissory notes, foreclosure, and methods of defending against theft-by-bank of property.  here are some statements and questions someone hopefully has clarification, examples or further information on:

      1. Does anyone know any authorities, case sites, etc. where the 'contract' is no longer binding once a promissory note is converted and sold?

      2.  I've heard that the new 'owners' after a foreclosure can't get title insurance without an Affidavit of Abondonment on the record.  True or false?

      3.  I've also heard that is the only reason the deputies from the Sheriff's office show up.  To intimdate and scare people into abandoning their property voluntarily so the Deputy can then swear and Affidavit of Abandonment.  Does anyone have an actual example of such an affidavit?

      4.  I've also heard that if you are DRAGGED OUT of the house, they can't swear such an affidavit and you will WIN 100% OF THE TIME if you make the record and rebut their 'Affidavit of Abandonment' with your own negative avernment.  You do NOT want to raise your fist or call them names though.  Just passively resist your forcible, non-voluntary removal from the property.

      5.  Does anyone have an example of an Affidavit of Non-Abandonment, or an example of how to do a negative avernment against an Aff of Abandonment?

      6.  Also heard that the Sheriff must be deeded title of the property before selling it.  So one of the questions on our paperwork passed out at such sales seems to be "who deeded title to _____ (whoever is sellling the property), if I never abandoned the property and have previous and prior claim (proven by attached UCC-1)?

      7.  What remedy is there against the sheriff or whoever sells the property without it properly deeded to them?

      8.  Is a Lis Pendense to late after a sheriff sale?  Anyone successfully won title back on a foreclosed and sold property in either Illinois or Colorado? 

      9.  In Colorado we have one Public Trustee for the whole county.  They only work for the banks and will not reconvey property without a signature from an officer of the bank holding the note, or a judges court order.  Anyone have any suggestions of how to hold these people liable when they are in a criminal conspiracy to defraud people of property with the judge, debt collectors and banks?  I've heard of someone trying a RICO lawsuit, but it was thrown out.  May even have a copy of it if someone had the knowledge to point out where it went 'wrong'.

      That is all for now. 

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