90 Day Take Back Program Pt. 2 – Solution/Procedure

Posted by revolt | The "90 Day Take Back Program" Pt. 2 | Friday 23 April 2010 9:51 pm

The 90 Day Take Back Program – Solution/Procedure

 

Imagine a scenario where you are in full possession of the title to your home (i.e. absolute legal right to the possession of the property), free and clear of any mortgages you currently have. Imagine also that the Promissory Note (i.e. your promise to pay) that you issued to the lending bank has been made null and void, eliminating any legal obligation you had to make any additional payments against your original loan. Imagine you own your home outright and your current mortgage has been eliminated. Finally, imagine this all results in full compliance with Federal and State Consumer Protection Laws in less than six months. That is the solution our service provides. That reality can be yours.

Our service is an administrative process supported by numerous Federal Consumer Protections Laws, including, but not limited to, the Real Estate Settlement Procedures Act (“RESPA”), the Truth-In-Lending Act (“TILA”), The Code of Federal Regulations and the Fair Debt Collection Practices Act (“FDCPA”).

These laws grant consumers the right to request verification and validation of material facts related to the real estate loan transaction, as well as provide for specific remedies and damages to consumers in the event violations or fraud are found to exist (or not proven by the Lender as not to exist). Such remedies include the revocation of the Promissory Note and re-conveyance of the Deed of Trust/Mortgage Deed back from the bank and into the borrower’s sole possession. Those remedies would result in you owning your home outright with no mortgage or legal payment obligation.

Our service is far more comprehensive and effective than the many services being advertised that focus solely on the strategy of making the Lender prove they have original copies of the Promissory Note and Deed of Trust/Mortgage Deed.

While much of what we do is based on laws that are publicly available, a portion of our process is unique to us, and having been developed, refined and perfected over many years, is considered proprietary business information and will not be revealed here. 

However, we are Consumer Advocates and believe that you should have a basic understanding of this process in order to determine if it is a good solution for you. We believe it is. Therefore, we have outlined below some of the important components of our process, sharing what we can while still protecting the proprietary aspects of our business.

 This process is an administrative process that requires your involvement. By an administrative process we mean that it involves the drafting of legal documents (which we do) that must be properly executed, notarized, certified, recorded on the public record, and sent via Certified Return Receipt mail to a number of entities.

1.  In order for this process to be effective, all of the legal documents must be properly drafted, which we ensure, and all of the administrative steps must be accurately executed, which is your responsibility. You are provided detailed instructions on how to complete all of your responsibilities, and you are assigned an Educator from our staff who will serve as your personal point of contact, and who can assist you with all matters related to this process. This requires no specific prior experience or expertise on your part. Essentially we work together, combining our expertise, your legal rights and your personal effort. 

2.  This process is only effective if your Lender committed violations of Federal and/or State law, or committed outright fraud in relation to the origination of your loan. You are simply initiating a process to determine if violations or fraud exist. If violations or fraud exist (or are not proven by the Lender to not exist), then you may exercise your legal remedies to revoke the Promissory Note and obtain full title to your property. 

3.  The end goal of this process is you owning your home free and clear of your current mortgage. You must be willing to work towards that goal. On multiple separate occasions you will be responsible for having certain documents notarized and recorded in the public record. This typically involves multiple visits by you to your local courthouse during the normal workweek. You are also responsible for organizing, copying and mailing the legal documents to a number of specified entities via Certified Return Receipt mail. These processes can be time consuming and therefore may require you to take a few days off of work.  This effort is worthwhile.

4.  Once you sign up for our service, complete our Service Agreement and provide us with information and documents related to your mortgage, the first step is sending to your Lender, and other related parties, a legal document called an affidavit.  This document is both a Notice of Demand and Qualified Written Request. It is within your legal right to request verification and validation of information pertaining to your real estate loan transaction. This document serves to do this.

5.  Multiple Federal and State regulatory bodies are provided copies of the affidavit you send to your Lender and mortgage servicer (and the law firm handling your foreclosure if applicable). These regulatory bodies include, but are not limited to, the Federal Trade Commission and your State Attorney General. These regulatory bodies will open up cases or files in your name in order to monitor the outcome of this process. Involving these regulatory bodies brings additional support to you, as well as indicates to your Lender the seriousness of your intent.

6.  The law prescribes specific time frames (max 60 business days) during which your Lender must respond to the affidavit. A lack of response or insufficient response is legally considered no response at all, and allows you to move forward with the remedies of revoking the Promissory Note and re-conveying the Deed of Trust/Mortgage Deed back from the bank into your sole possession. At this time, no Lender has ever provided a legally satisfactory response to the affidavit, as doing so would require them to admit to the instances of violations or fraud in your loan transaction, and may result in an audit of their practices by the regulatory bodies you involved in this process. Preferring not to have to open their books to any regulatory bodies, and knowing that there is a 95%+ likelihood that they committed violations and/or fraud during the issuance of so many of their residential real estate loans, the Lender chooses the lesser of two evils, which is to allow you to exercise your legal remedies. The loss of the value of your home is of little consequence to them.

7.  After the legal time frame has passed, and assuming a satisfactory response to the affidavit has not been provided, the process moves forward. At the original closing of the loan, since you are the only one that signs the Promissory Note and the Deed of Trust or Mortgage Deed, you and only you can “undo” what was done in them. As is demonstrated on this website, the Promissory Note is an invalid contract. With proper notice, you have the Right to Cancel that contract.  Your Educator will provide you with documents and instructions in order to walk you through these steps. 

8.  In addition, at the closing, in the Deed of Trust/Mortgage Deed, you appointed the Trustee (usually the Title Company) and you granted Power of Attorney to the Lender. You have the right to fire the Trustee and appoint a new one of your choosing, and you have the right to revoke the Power of Attorney. By doing so you remove any power or legal authority previously available to these entities.  Your Educator will provide you with documents and instructions in order to walk you through these steps. 

9.  After all of this has been accomplished, you can then file a Quitclaim Deed or Warranty Deed with the county recorder to Notice the Substitution of the new Trustee. (FYI – Only the Trustee and the party with Power of Attorney have standing to bring a foreclosure action. By firing the current Trustee and revoking the Power of Attorney, you have removed their legal right to foreclose on you.) You can then file a Release of Trust Deed and re-convey the property to whomever or whatever you want to.  Your Educator will provide you with documents and instructions in order to walk you through these steps. 

10.  Essentially our process leverages Consumer Protection Laws to protect the borrower against unfair and deceptive lending practices by holding Lenders accountable for their actions and taking advantage of the aforementioned remedies legally available to the borrower.

If everything is properly executed, this process need not ever go to court. However, if it does go to court, we will provide you with all of the direction and support you will need to be successful. While this process has never resulting in any of our clients having to go to court (because the Lender/bank has never take any legal action back against any of our clients), we have a number of proven legal strategies that can be acted on to defend you.

Remember, the law is on your side. You have likely been injured by the Lender in the real estate loan transaction, and now you have the means to prove it. If you have been legally injured, then you have the right to remedies. When you demonstrate to the Lender that you know what is really going on, they will not want to “air their dirty laundry” in court.

Time is of the essence when they’re trying to take your home. Click now to download your 90 Day Take Back Program instantly, and arm yourself for the mortgage war, and WIN!

It’s time to join the revolution! THE HOMEOWNERS REVOLT.COM.

TAKE YOUR PROPERTY BACK FREE AND CLEAR, NOW! Click Here to download the ammunition you need to fight your mortgage war, and WIN! Yes! The 90 Day Take Back Program is that powerful weapon in your arsenal needed to “Take Your Property Back Free & Clear!”

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