First, this blog only effects Floridians, but it is an important issue that if other states are in similar situations, they should look into it as well!
Miami activist Jack Thompson is trying to spearheading a movement to amend the Florida Constitution so that the Florida Supreme Court and the Florida Bar are stripped of their corrupt self-regulation of their profession. If you are a Florida Resident, please contact him to sign this very important petition! He is hoping to get it on the 2010 ballot. He is asking that lawyers be regulated by the Florida Department of Professional and Business Regulation - the agency that regulates ALL other professions (including Realtors, Notaries, Brokers, etc.) and trades in Florida EXCEPT lawyers at this time. And their self-regulation is clearly not working and needs to be done by an independent agency!
Title companies & mortgage brokers, help your borrowers- arrange to have their loan signed and notarized in their home, at their convenience by a Certified Notary Signing Agent (CNSA)
Browse The Rain for a qualified and Certified Notary Signing Agent in your area.
Southwest Florida Notaries is open for your mortgage closing 24/7 at your location (Based in Murdock, FL, near Port Charlotte FL, but covering all of Southwest Florida - Manatee, Sarasota, Charlotte, Desoto, Lee and Collier counties)
Title companies & mortgage brokers, help your borrowers- arrange to have their loan signed and notarized in their home, at their convenience by a Certified Notary Signing Agent (CNSA)
Browse The Rain for a qualified and Certified Notary Signing Agent in your area.
Southwest Florida Notaries is open for your mortgage closing 24/7 at your location (Based in Murdock, FL, near Port Charlotte FL, but covering all of Southwest Florida - Manatee, Sarasota, Charlotte, Desoto, Lee and Collier counties)
There are so many foreclosures being filed these days, we all hear the stories about it, but did you know most banks are NOT following the law regarding required paperwork to substantiate the filings! And note, I did not say some, or many, I said MOST banks do not file proper paperwork, because hardly anyone stands up to them. THEY must PROVE their case prior to your eviction, yet do your research on the Internet, it is estimated that at least 80%, and most seem to feel it is even well over 90% of the banks do not file the proper paperwork, but because most people walk away and abandon their home, the bank gets the property without having to prove their case.
If you are a homeowner and are being sued by a bank you never heard of, look in your county court records to see if the mortgage and promissory note were recorded and transferred into their name from your previous lender. That is a requirement in Florida, and probably most states! That promissory note is REQUIRED but usually not presented, and the banks just ask the court to create another one to replace it, which is improper, but again, with nobody fighting back against the banks, the judges just grant it anyway. Look into the OH cases, especially Federal Judges Boyko& Rose (Rose is a Federal Appellate Court Judge), as well as many documented cases in FL as well, and look into the Legal Aid Attorney in Jacksonville, FL. All are standing up and saying, "NO!" This must be done correctly and not be a foreclosure mill process without proper documentation and due legal process! Again, if you are being sued by a bank you never heard about, get in touch with me and I will gladly send you all the information I can provide to you to help you in your situation and fight improper case filings. This information is NOT intended to be a deed-in-lieu, or short-sale, or other 'work-out' type options. This information, if done properly, promptly, and researched for your situation, will at least buy you additional time to search your options of staying or moving from the home. But it also has the potential if done correctly and again, promptly, it has the potential to have the mortgages REMOVED from your property giving you full title to the home. Do not ignore the proceedings, or be embarrassed, stand up for your rights, and force the attorneys that are filing these fraudulent cases to be held accountable for their actions!
Check out my website: http://yourswflnotary.com
Again, STAND UP AND FIGHT BACK! Foreclosure CAN be fought and WON!
Title companies & mortgage brokers, help your borrowers- arrange to have their loan signed and notarized in their home, at their convenience by a Certified Notary Signing Agent (CNSA)
Browse The Rain for a qualified and Certified Notary Signing Agent in your area.
Southwest Florida Notaries is open for your mortgage closing 24/7 at your location (Based in Murdock, FL, near Port Charlotte FL, but covering all of Southwest Florida - Manatee, Sarasota, Charlotte, Desoto, Lee and Collier counties)
About a week ago, I stumbled across some information. That started me thinking (could everyone from CA see the smoke from FL?) and got my curiosity up. And to all those that know me, when I'm curious, I ask everyone here on AR, and I do a bit of research as well.
Here goes - topic: FORECLOSURE
Do you know why the Mortgage Note is so very important to the banks? I didn't, but I do now, but what are your thoughts about their importance? Do you know about the importance of recording the assignment of the note to other banks that purchase that note? This is when Bank A sells the note to Bank B, then to Bank C, etc. Which doing that is common practice, and certainly accepted and legal. But it must be documented! Then when it is with Bank F, suddenly, for what ever your reason (lose job, bad market, economy, hurt on job, whatever the case) you stop making your mortgage payment. And Bank F starts foreclosure because of your lack of payments. OK, seems pretty fair so far, correct? I knew I saw several articles here on AR about the importance of fighting a foreclosure, and the need for the bank to produce the note. That is a big way homeowners are fighting the banks - and successfully fighting a lot of them! Do you see where I am heading with this yet? Let me tell you some information I have found out about some cases, while I am in FL, the second worst state for foreclosures, a lot of my information actually lead me to OH!
1st) Six years ago, a man stopped making payments on his $1.5 million home. Pretty interesting, six years and no mortgage payment, and he has been served foreclosure papers by two different banks! Even more interesting I thought! In both cases, the man said, "produce the mortgage note" to prove I owe you the money for the home. They could not. In one of the articles I read about this case, there was commentary from an angry reader, stating this man is stealing from the banks, not sure who, or which bank, but he was stealing, and the man is a scumbag (his words by the way). OK, at first, (this was early in my research) I thought, yes, he is right, the man is stealing from the banks! I continued with my research. Think about that yourself for a little bit. 2nd) I then saw a Federal District Court Judge in OH who threw out a bunch of foreclosures that were brought to him (17 out of 18 if my memory serves me correctly). But that is an interesting case as well, actually cases to be correct. The judge originally threw out the foreclosures, without prejudice, which to all us non-lawyers means, they needed to fix the paperwork (which was FIND the lost mortgage note) and then they could re-file the foreclosure proceedings. Simple enough, wouldn't you think? The banks reply was amazing. While I am using my own words here, but what it amounted to was this - honestly judge, we own the note, trust us, and believe our word, we own the note, these people are behind in their payments, so just get on with the foreclosure proceedings. Can you imagine being that condescending to a Federal District Judge. WOW! Needless to say, that judge was NOT a happy camper and threw out the cases that they could not document - and he wrote a scathing response to their paperwork that was filed, as I'm sure you can imagine! 3rd) A man was fighting foreclosure for eleven years in OH, and was recently kicked out of the home, but is fighting back still, citing the US district Judges ruling.
Now back to my first case. Did you notice a couple things. First, more than one bank has sued him in foreclosure! How can more than one bank own the note? Getting back to the commenter who called the guy a thief and scumbag. If I owe your neighbor money, lets say $1,000, and I stop making payments to your neighbor. Certainly your neighbor has a case against me, but how or WHY in the world would YOU have a case against me for me not paying your neighbor? When the bank cannot produce the note, OR show proper chain of the note and who is owed the money, even THEY do not know who the money is owed to! So after thinking about that some more, I now disagree with the commenter, the guy is asking who he owes the money to, and they can't even tell him. Sloppy and pathetic I would say. These are multi-million dollar corporations, and they can't even keep their paperwork straight about who owes them money?!?! I know who owes me money, and I keep track of it! Why do these banks think that is acceptable? They took these shortcuts for one reason only - cut corners and SAVE MONEY!
GREED.
So back to my original question, "has GREED gone to far in America?" Your thoughts?
Title companies & mortgage brokers, help your borrowers- arrange to have their loan signed and notarized in their home, at their convenience by a Certified Notary Signing Agent (CNSA)
Browse The Rain for a qualified and Certified Notary Signing Agent in your area.
Southwest Florida Notaries is open for your mortgage closing 24/7 at your location (Based in Murdock, FL, near Port Charlotte FL, but covering all of Southwest Florida - Manatee, Sarasota, Charlotte, Desoto, Lee and Collier counties)
Over the past couple of months, on several blog posts about the coming hurricane storms, I've made repeated comments and also wrote a blog entry [SEE BLOG] about how important it was to hire your own public adjuster. BUT, in a conversation last night with an AR member, I realized, I never explained the WHY it was so important. As a victim of Hurricane Charlie [SEE BLOG], I will explain in layman's terms, since I am certainly no expert in this insurance system and how it works, but from the public viewpoint from me to you I learned the hard way why it was so important. Here is a simplistic scenario, but it will give you the explanation of WHY it is so important.
Insurance adjuster comes out to inspect your home. S/He has their little notebook out writing all details, talking to you while looking over the home. Taking pictures, measuring. Then they are done. In THEIR notes and paperwork, they determine you have $100,000 in damages....BUT Mr/Mrs Jones, according to my figures, I have determined you have $35,000 damages, and if your contractor needs any additional money, call me at 555-1234. You look, you have NO IDEA, your not a contractor, and you do not know how much it will cost to rebuild. Plus you don't know all the loopholes in your policy and additional damages that you can claim and get reimbursed for, so you say good, and take the money. Your contractor comes out and say, this will be $55,000 to fix. OK, so dial Mr/Ms Insurance Adjuster, and tell them, hey, I need $20,000 more money to rebuild. OK Mr/Ms Insurance Adjuster says no problem, and send you a check for the additional money. A couple weeks later, your builder informs you they have encountered a few more problems, so it will be $5,000 more, so you call up Mr/Ms Insurance Adjuster again, upset, but you need a little more money. They say no problem again, and send you a check for the additional request. Now you realize some more furniture is damaged that you didn't see before - but rest well assured the insurance adjuster saw it!!! You say it will be $5,000 to replace some of the damaged furniture. Again, call Mr/Ms Insurance Adjuster again, saying you need more money, again, no problem. So here is the recap:
$35,000 original payout
$20,000 in builder additional charges
$ 5,000 in additional damages discovered by the builder
$ 5,000 you see in additional furniture damages
$65,000 now paid out on your claim that they saw $100,000 in damages.
You walk away thinking your back in your home and done. Whew. BUT, this is where I got DISGUSTED!!! Did you know......the Insurance Adjuster gets a cut of the amount of money SAVED from damages to payout. THAT is why it is so important to hire your own adjuster, as they will say NO right in the beginning and say, I have totaled my worksheet and have $100,000 right from the beginning. And because that is the damages that you have, they must payout that amount. While hiring your own adjuster will take 10-15% usually, you then have more money to completely rebuild and replace everything damaged at least as good as what you had.
SO PLEASE, if you or someone you know has damages from any event (fire, tornado, hurricane, anything) HIRE YOUR OWN PUBLIC ADJUSTER!!
Title companies & mortgage brokers, help your borrowers- arrange to have their loan signed and notarized in their home, at their convenience by a Certified Notary Signing Agent (CNSA) Southwest Florida Notaries is open for your mortgage closing 24/7 at your location (Based in Murdock, FL, near Port Charlotte FL, but covering all of Southwest Florida - Manatee, Sarasota, Charlotte, Desoto, Lee and Collier counties)
Browse The Rain for a qualified and Certified Notary Signing Agent in your area.
Hey everyone, Deborah is not new to Active Rain, but she is just starting to get the hang of things here, so I wanted to spread the word about her in the Newbies and other groups. Please check out her and her services!
For getting your loan documents closed on time. When you are looking for peace of mind and confidence that the job will be done right the first time, you can count on me, Deborah Huffert. I am a Certified Loan Signing Agent and Independent Notary Public with more than eight years of experience under my belt. Formerly a Notary in California, I now serve Maricopa County with the most professional service possible. No job is too big or too small. No one else is more qualified-I am certified to complete E-Loans (by laptop with broadband access), reverse mortgages, and even commercial equipment inspections.
Are you a new notary looking for hands-on training? Ask me about my ride-a-long program.
I am a member of the following organizations: American Society of Notaries, US Notary Association, Association of Professional Notaries and Certified Signing Agents, NNA / NSA. I am, also, NNA GLBA compliant.
Also, licensed real estate agent with DPR Realty, LLC.
For people potentially facing foreclosure, check out this blog. See if the information can help you in fighting your potential foreclosure proceedings. You may also want to sign up with Pre-Paid Legal / Identity Theft Shield service as well, and utilize this information with the attorney that would be assigned to your case. This can be done for less than $30 a month - less than $1 day!
The current mortgage crisis has brought about increased awareness of mortgage loans fraught with errors that could allow homeowners to completely rescind their mortgage loan, including those homeowners facing foreclosure.
Violations of the Truth in Lending Act (Regulation Z) have proven to be very effective defenses for homeowners currently facing the prospect of a mortgage loan foreclosure, literally stopped the foreclosure action from continuing forward, once the findings of violations of either HOEPA or Truth in Lending have been found.
Improper calculations of finance charges directly related to the Truth in Lending statement of (TIL) have been found in over 80% of mortgage loans originated by banks and mortgage lenders over the last 5 years, creating huge liability for banks and mortgage lenders to refund ALL of the finance charges and other loan costs associated with the mortgage loan. In addition, the mortgage loan itself could be completely rescinded, leaving a ZERO mortgage balance owed by the homeowner!
However, it does not end there. Violations of both Regulation Z (Truth in Lending) could yield additional penalties to the bank or mortgage lender, including:
*Requiring the bank or mortgage lender to refund ALL sums paid over the life of the mortgage loan
*Reimbursement of all court costs and legal fees
*Triple damages may be awarded to the homeowner if litigated in court.
The violations of Truth in Lending are quite severe, as many of our nation's top banks and mortgage-lending companies are finding. For the tens of thousands of homeowners who fell victim to Predatory Lending by unscrupulous mortgage brokers and loan officers, this news could not have come at a better time.
For a mortgage loan to be considered rescindable under Federal law, a borrower must demonstrate:
*The mortgage loan was secured by a principal dwelling of the person for whom the credit was extended.
*The loan was not used to purchase an existing home or construct a new home.
*The mortgage loan was a refinance of a previous loan either: 1) held by a different mortgage lender than the original lender, or 2) the borrower refinanced with the original lender and took cash out of the subject property.
*The loan was closed less than three (3) years ago.
*AND on e of the following applies:
-The loan is currently in foreclosure and any mortgage broker fee was not included in the finance charge
-The loan is currently in foreclosure and the finance charge was understated by more than $35
-A material disclosure was not provided to the borrower, including the disclosure of the correct:
*APR (Annual Percentage Rate)
*Finance Charge
*Total of Payments
*Payment Schedule
*Existence of a variable rate feature, if applicable.
*Information with respect to the notice of Right to Rescind.
-The loan is not in foreclosure AND the finance charge exceeds .50% of the mortgage loan amount or $100, whichever is greater.
Homeowners interested in having their mortgage loan documents reviewed for Truth in Lending errors should contact an experienced and qualified Mortgage Loan Auditor to see if your mortgage loan has violations of the Truth in Lending law. After that, you should contact a qualified Consumer Law attorney experienced in dealing with Federal lending laws.
This is part of my continuing education to the residents of Charlotte County about the office of the Clerk of the Circuit Court. While the position as a Notary Public, in the State of Florida, is an appointed position under the Governor of the Great State of Florida, and mainly supervised by the Secretary of State, we work closely in many ways with the County Clerks of the Circuit Courts. This includes the mortgage signings many of us do, marriages, and other various documents which are recorded by the Clerk's Office. So I though it would be a great idea to educate you on some of their many functions. I will only address my local Charlotte County Clerk's office, but many clerks offices throughout Florida, and even the country should have a lot of similar functions. Obviously since laws will vary from county to county as well as state to state, they will not all be entirely the same, but it is a very interesting office with a lot of great services that many people do not realize!
DID YOU KNOW...
The purpose of the Declaration of Domicile is to establish residency. Once the declaration of domicile is filed, it is good throughout the entire state of Florida.
Husband and wife may complete onr form. If only one spouse is present at the time, he or she may complete the form on behalf of the other spouse.
A Declaration of Domicile is inclusive of all children residing within the home. However, when a child becomes eighteen (18) years of age, he or she must complete a form on his or her own.
A Declaration of Domicile must contain the following information:
The City, state and street number of your previous residence prior to moving to the State of Florida
State under oath that you are changing your domicile and becoming a bona fide resident of Florida, along with the date in which you moved to Florida on a permanent basis
The street and city in Charlotte County where you are presently residing
You muct state that you intend to make Florida your permenant residence.
No other proof is necessary. The Declaration of Domicile is signed under oath at which time you are stating that all of the above information is true and correct, in the presence of a deputy clerk.
The Clerk's office will record the Declaration of Domicile for a fee of $10.00. A receipt with the recorded information on it will be issued. We will return the original to you after we have processed it.
You may obtain a Declaration of Domicile from the Clerk of the Circuit Court.
Welcome to Charlotte County.
And here is the contact information for the Clerk's Office:
Title companies & mortgage brokers, help your borrowers- arrange to have their loan signed and notarized in their home, at their convenience by a Certified Notary Signing Agent (CNSA) Southwest Florida Notaries is open for your mortgage closing 24/7 at your location (Based in Murdock, FL, near Port Charlotte FL, but covering all of Southwest Florida - Manatee, Sarasota, Charlotte, Desoto, Lee and Collier counties)
Browse The Rain for a qualified and Certified Notary Signing Agent in your area.
Featured Network Business Partner #6 - Roger & Karin Anderson
This is my continuing series of promoting many of my business partners. They all have their special strengths, and I feel I would like to help them promote their business. If you ever do business with any of these people or businesses, please feel free to comment here about your experiences!
Today, for my sixth issue, I would like to promote:
Roger & Karin Anderson - Pre-Paid Legal & Identity Theft Shield Plans (Delta Business Consultants)
North Port, FL
While the Anderson's are a business partner in my new business service for selling the Pre-Paid Legal plans and Identity Theft Shield, like many of my featured business partners I have listed here, they are friends as well. They have been trying to help me personally in many ways. And that help is certainly appreciated! There are many things and ways these plans can help you! I have been a customer of the plans for what is approaching two years now, and am now realizing the tremendous impact this can havefor me, but all Americans. Whether it is buying/selling home or land, or a traffic ticket (after 15 day wait in beginning) or service contracts, electronic equipment including cell phone, and many other things, this service can help put the power of the legal system in your hands just like large companies have done for themselves! Did you know over 80% of Europeans have an equivalent legal 'insurance' Pre-Paid plan. In America, this is about 3%!!! And DID YOU KNOW - in 2005 about 37 million American utilized various hospitalization insurance services. And over 100 million in court litigation cases were filed and in every court case there is AT least two parties. So at a minimum that means 200 million entities were involved in court cases. These are staggering numbers in my opinion! With the Pre-Paid Legal Plans & Identity Theft Shield Programs, you can have extensive legal coverage as well as monitoring AND identity theft RESTORATIVE services associated with this plan for about ONE ($1) DOLLAR a day. This service can benefit you in so many ways, please take the time to look into this great service! Don't be part of the 97% of Americans that could benefit from the service when you need it the most! Be part of the 3% of Americans that can put tremendous power on YOUR side in every legal matter or situation that can arise! To get in tough with the Anderson's, please send me an email, and I will put you in touch with these great people and their services!
Title companies & mortgage brokers, help your borrowers- arrange to have their loan signed and notarized in their home, at their convenience by a Certified Notary Signing Agent (CNSA) Southwest Florida Notaries is open for your mortgage closing 24/7 at your location (Based in Murdock, FL, near Port Charlotte FL, but covering all of Southwest Florida - Manatee, Sarasota, Charlotte, Desoto, Lee and Collier counties)
Browse The Rain for a qualified and Certified Notary Signing Agent in your area.
Title companies & mortgage brokers, help your borrowers- arrange to have their loan signed and notarized in their home, at their convenience by a Certified Notary Signing Agent (CNSA) Southwest Florida Notaries is open for your mortgage closing 24/7 at your location (Based in Murdock, FL, near Port Charlotte FL, but covering all of Southwest Florida - Manatee, Sarasota, Charlotte, Desoto, Lee and Collier counties)
Browse The Rain for a qualified and Certified Notary Signing Agent in your area.
Do you want to sign your refinance mortgage papers at your convenience, at the location of your choice? You have the right to choose your Mortgage Notary Signing Agent - Call 941-7-NOTARY (766-8279)
Disclaimer: ActiveRain Corp. does not necessarily endorse the real estate agents, loan officers and brokers listed on this site. These real estate profiles, blogs and blog entries are provided here as a courtesy to our visitors to help them make an informed decision when buying or selling a house. ActiveRain Corp. takes no responsibility for the content in these profiles, that are written by the members of this community.
There are so many foreclosures being filed these days, we all hear the stories about it, but did you know most banks are NOT following the law regarding required paperwork to substantiate the filings! And note, I did not say some, or many, I said MOST banks do not file proper paperwork, because hardly anyone stands up to them. THEY must PROVE their case prior to your eviction, yet do your research on the Internet, it is estimated that at least 80%, and most seem to feel it is even well over 90% of the banks do not file the proper paperwork, but because most people walk away and abandon their home, the bank gets the property without having to prove their case.
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