FDP MODULE 4 – INSTITUTE A SUCCESSFUL ADMINISTRATIVE PROCEDURE
Part of your defense should be giving your so-called lender Administrative Due Process.
Many Guru Sites falsely claim you can get a “free and clear house” by administering a so called “Administrative Procedure.” However, I have not yet found a single administrative Procedure that can give you a “free and clear house in 90 days” as most advertisements claim. In most cases the administrative process revealed is flawed in many areas.
Some claim that you can create your own international promissory note to pay your mortgage; others say you can dispose of your mortgage by using something called “Accepted for Value” where you write certain language on your note and then send it back and voila, your debt is paid! But, as you know, any of you that attempted doing this it gets you nowhere!
The best part of giving Administrative Due Process is that part of your defense is that you have the ability to identify facts as you see it, and if done properly your opponent can not refute the allegations you make. If you complete the process right, you can acquire an enormous amount of evidence in your favor. But you must set the trap right and watch the criminals put their own heads in the noose. Much like when you put cheese in a mouse trap and a trail of cheese that leads the mouse to the mousetrap, you can do the same thing against these fraudster bankers who are attempting to steal your house.
Administrative Due Process traces its origins back to the Administrative Procedure Act of 1946 and its amendments. The Administrative Procedures Act allows consumers administer their own remedy to foreclosure through applying knowledge by composing a series of offers to your opponent by sending correspondence and settling the matters, so as to avoid going to court.
When you demand in writing specific performance, they are required as a matter of principle to defend their position. As banks, lenders and servicers have a fiduciary duty to perform, when they fail, they show no interest in the matter and waive their remedy, which was to foreclose and take your property.
The most common disputes involve money or services. These Demand letters often are completed by the lender, and when you do not dispute them, you fail to defend, the issue is settled, so as a matter of law, if you don’t dispute their Notices of Default, Notices of Intent to Sell, etc. you will lose your house. On the other side, someone may owe you rent or money for services you have provided. Let’s say you paid someone money to provide a service for you and they failed to perform, or perhaps the service you received was not satisfactory.
You need to understand that a properly completed administrative process can help you increase your chances of a win greatly!!!!
Most administrative processes taught over the internet lack several key steps and most people pushing them really do not know what they are doing. Proper procedure and properly worded documents are CRITICAL to being able to use those documents against the foreclosing parties.
Some of what I will be teaching in this and other modules are duplicates of parts of what was taught my book “9 Powerful Steps to Stop or Reverse Foreclosure”. However the modules go into much more detail as well as sharing samples of documents that have had success when using them.
This is when you commence the Administrative Due Process cycle. You must complete the Administrative Cycle before going to court. A sample of letters that can be part of an administrative process for a foreclosure proceeding would be:
1. Qualified Written Request; with appropriate follow up Notices of Fault; Most Attorneys who submit a QWR either submit to the wrong party or do not do the proper follow up of the process. Not to mention the QWR itself does not use the proper language needed to get a response.
2. Debt Validation Letters; with appropriate follow up Notice of Fault; What many people fail to understand is that most servicers are actually acting as debt collectors, especially if the servicer allegedly took over servicing rights while the alleged loan was already in default. A mortgage servicer cannot obtain the servicing rights of a loan already in default. You have the right to demand that they send you proof of the debt and proof they have the right to collect. (Copies of the note are not proof of debt)
3. Rescission of Signature on Mortgage/Deed of Trust properly recorded;
This one concept is really hurting foreclosing parties, but not nearly as bad as could be.
Many attorneys are unclear about the statute of limitations on rescission. They state you have 3 days or 3 years depending on what TILA Violations occur. However when fraud is involved there is no statute of limitations. If you find the transaction was fraudulent you can rescind your signature on any contract or agreement. Many attorney’s just send a letter on behalf of the homeowner, however to put teeth into this document it needs to be
recorded. But most county recorders refuse to record a rescission because they are in bed with the banks. However there are ways to get that document recorded, if you know the secret. Recent Court Decisions are on the side of the Homeowner here.
4. Termination of Trustee (In Non-judicial States);
You have the right to terminate a trustee for fraud, and most are placed in to their position as trustee based on fraud and lack of disclosure. Many foreclosing trustees are not even legally substituted as a trustee.
5. Notice of Fraudulent Notice of Default; Just because an alleged lender files a Notice of Default does not mean you cannot challenge the authority and authenticity of that Notice of Default. If a prosecuting attorney makes a statement that has no facts then Perry Mason would say “I object your
honor that statement is hearsay”, and the statement would be stricken. However if he remained quiet it could be considered by the Judge as Fact. Same thing goes with any documents filed against you. YOU HAVE THE RIGHT TO CHALLENGE THEM.
6. Notice of Fraudulent Assignment;
Same as paragraph above
7. Notice of Fraudulent Substitution of Trustee;
Same as paragraph above
8. Demand letters to MERS, Inc. asking for proof and documents when they claim
they are a beneficiary to a Mortgage;
Just because something is written in a document does not make it concrete. You have
the right to ask for proof in all legal matters, as most are based on contracts and
9. Demand letters to Fannie Mae or Freddie Mac asking for proof of debt when they claim they are the new investors to a Mortgage.
This also applies the same as the above response concerning MERS.
10. Affidavits of Truth and Affidavits of Fact
Properly written affidavits can be like gold in your defense. But they need to be properly worded and bring up the proper statements. And to have the strongest use in most cases need to be recorded on the public record. Lawyers and Judges do not like seeing things on the public record because they cannot just simply ignore them. So many people just think that sending an affidavit by certified mail is all that is needed, but that is not true.
The problem that most homeowners face when in foreclosure is that they do not have the special knowledge needed to compose these demand letters. Most homeowners often do more harm to themselves than good when attempting to draft these letters because of their lack of knowledge and specific skills are lacking. Most people rely on a daily basis on professionals with skills, e.g. auto mechanics, gardeners, tax specialists, accountants. The best thing you could do right now, if you’ve received a Notice of Intent to Foreclose or a Notice of Default is to have our banking expert investigate the details
of your loan documents and uncover the lender’s fraudulent statements, wrongful assignments, substitutions, lack of proper alonge, so that you can defend against them.
What no one talks about is getting evidence. What we need from you is copies of your note, deed of trust, and all the loan documents given to you, including lender’s instructions to closing agent, so that our banking experts can perform and investigation.
Our investigation will culminate in a written report and securitization audit which usually consists of over one hundred pages to several thousand pages, which may uncover fraud, forgery, invalid assignments, invalid substitutions and a myriad of other items.
MOST ADMINISTRATIVE PROCESSES DO NOT WORK!!!
Why? Because they do not contain the proper wording in the documents and they are not properly served on the parties.
Just like baking a cake in order for the cake to come out the way it is shown on the box is to have all the ingredients to the recipe. If you do not have the Eggs, the cake will not come out the same. This is true with an administrative process; if you leave out some of the steps the process is not as strong or in most cases does not work.
The documents that we prepare and use in this website are not magical, or a sliver bullet, as we can get a lot of questions about this, so I wanted to help put you on track. The Reason we use these documents is because they when used properly are getting results. Anytime we are doing any process, especially one where there might be some resistance, ignorance, or adversity on the other side (or laziness in not responding or performing quickly enough), you probably would be required to follow-through entirely with a complete “administrative process”.
This is what I mean when I say “One Magical Document” isn’t going to cut it, in 99% of cases. With third-party debt collectors, or foreclosing parties trying to remove an item from your credit report, we see that about 60% of the time, one document is all you need. With other cases…discharging a Student Loan, Credit Card with a High Balance on it, State or Federal/IRS Tax Debt, Large Child Support Arrears, or a stopping a Foreclosure process….well…..hence the purpose of getting educated on this subject…
The purpose of a “Private Administrative Process” is to create a legal record. That record is to be used as your receipt of the settlement of the dispute or account or case (court case). To be able to stand on a record that will persuade the Clerk of the court or a Judge (if a lawsuit were to ever arise in the matter), your record will need to be structured, prepared, and designed to be admissible in court showing the final settlement of the account/dispute. The court must see all the “bells and whistles” and authentications in order for your Record to be submitted as Evidence that the court is going to recognize and honor.
An administrative process by itself usually will stop most debt collection, however to get quiet title to a house is another story. That process combined with gathering evidence that the foreclosing party has no standing, can greatly increase the chances of not only quiet title, but also cash settlements on top of that. But a properly filed Lawsuit with evidence and exhibits will be needed to WIN!
Another point worth mentioning, your record, admissible as evidence, can also be brought into a public court, to demand performance of some kind, from the other party. Such measures may include: releasing a lien or levy, reversing a garnishment, transferring the title, ceasing and desisting collection attempts including future lawsuits, or in any other way being bound by the Law Enforcement from enforcing a debt that has already been settled).
If you are intending to go to court you’ll need an expert’s written affidavit which is your evidence of wrongdoing. Often times an expert can uncover facts, such as “you never received a loan”, but most often, wrongful assignments, bifurcation of the note and deed of trust, wrongful substitutions, including most often, that the foreclosing party lacks standing to foreclose.
Our Foreclosure Fraud Investigations often take up to six weeks to complete. While waiting for your results you can perform Administrative Due Process upon the lender/assignee/servicer, and create additional evidence for your case.
Here are some tips prior to instituting an administrative process.
1. Line up a good friend or relative to perform process serving for you later. No matter what whether in court or just sending letters to the foreclosing parties asking for documents or information, you need to take yourself out of the equation and use someone who is NOT a party of interest in the matter at hand. Having someone else serve or mail documents can come in handy later when you can use that person as a witness in your case. Most notices will be served via registered mail, but a few may be delivered in person.
2. Familiarize yourself and your process serving friend or relative with the Post Offices in their area. Many times you will need notices sent out after the Post office has closed and utilizing a post office that has postal machines can be quite handy as the machine will print out the postage and prepare the certified or registered letter postage.
3. Plan to utilize copying services, so visit some of the office supply stores and find out if they have any bulk pricing as to win you will be needing copies of documents.
4. Purchase an all in one copy/printer for your computer. Many times you will want to scan documents and keep in a digital file for ease of access. Then if you need to send out a document you just bring it up and print it out.
5. Build a Law Library – You can easily get ebooks describing things such as “Rules of Court, Rules of Evidence”, and even Code of Civil Procedure for your state and other states just by spending a little time on google.
6. Visit some foreclosure court cases in your area just to familiarize yourself with the process and take notes of some of the questions that are asked by both the attorney for the bank and the attorney for the homeowner. Or study other foreclosure cases similiar to yours in parties involved.
You do not have much time before your house is sold or the foreclosure suit commences, so you’ll need to be ready – Order your Audit and Affidavit Today!