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Old 10-16-2010, 10:44 AM
 
93 posts, read 182,543 times
Reputation: 67

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Quote:
Originally Posted by mvgordie View Post
Mark,
Technically this would be called unlawfully detaining (unlawful detainer). I wouldn't consider yourself a squatter, for they move into an already vacant dwelling by means of an unlawful entry, and have had no contractual relationship with the owner of such property. You in a since are merely holding over (Staying past the date the owner, in this case the bank asked (if they have done so) you to vacate).
With 15 months in arrears and the income you show, it is obvious you haven't the
means to enter into some form of repayment option offered by most mortgage companies.

That said your options are few, except for more attempts and prolonging the date at which the sheriff's office knocks on the door and gives you a few minutes to gather together only those belongings for which you can carry out in the time they allow.

Your best bet is ask the mortgage company to assist you in your move out. It is not rare or unheard of, that some (and most) will actually pay you to leave. It is less costly then going through the eviction process, a process that with very little legal knowledge, or the assistance of Legal aid can be lengthy, however ends with the same outcome, an eviction.

You may also ask for assistance from Housing and Urban Development (HUD), they may have openings for assistance given your income and situation. Keep in mind that currently their are new programs being offer by the government in light of the housing crises, and they would be the best source of information as to these types of assistance.

Bottom line however is your need to communicate with the lender, not doing so only prolongs the situation, places you more at odds with them and makes it more less likely that they be willing to assist you in any way. Face it your not the only one in this situation and they (The lender) know this. They will to attempt to keep the home from being a financial burden on them as well.

All I can say at this point is good luck and hope that anything I have said here can assist you in any way, and that I will check back to this post from time to time to see how it is going.

mvgordie
PM me with an email or from a source I can reply to. re "strategic foreclosure"
thx
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Old 02-04-2011, 03:34 PM
 
Location: Full time RV"er
2,404 posts, read 6,579,562 times
Reputation: 1497
Quote:
Originally Posted by Fontucky View Post
And a two year old 1 post wonder drive-by to boot. According to his last activity, he never saw any of the responses to his post.
Excuse me but while Mark has not been back to the site I have been keeping him abreast of most of the worth while responses. Just an update for anyone back to this site . In Mark's case the bank ( Bank of America) has admitted that in his case as in thousands of other cases they "May have !" sold property they didn't actually have Title to and did in fact do an eviction process that they were not legally authorized to do by law ( another one of those MERS actions, rubber stamping all documents , failing to clear all liens ( in Mark's case $ 279,000.00 UCC-1 recorded with the Secretary of the State of California). Lying to the Title company, sloppy researching by the Title company. In the end he is as many waiting for the courts decision on the cases already in the court system. I will up date as things proceed.
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Old 02-05-2011, 12:59 PM
 
93 posts, read 182,543 times
Reputation: 67
I think that it serves to keep this topic near the top, so others that are in the process will see that this thread is active. There is good info here, and I expect it to progress as does the news re home foreclosure, eviction, defaults, etc.

A congressional aide has said that there are supposedly two new 'guidelines' set to roll out in Feb, the first one being that lenders are supposed to provide acknowledgment that your request has arrived within five days, and secondly, notifying you within thirty days as to their decision in answer to your request for a modification.
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Old 02-05-2011, 01:59 PM
 
Location: Declezville, CA
16,806 posts, read 39,950,586 times
Reputation: 17694
Quote:
Originally Posted by Fighter 1 View Post
Excuse me
You're excused.
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Old 02-05-2011, 02:07 PM
 
Location: Coachella Valley, California
15,639 posts, read 41,041,502 times
Reputation: 13472
May I be excused too?
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Old 02-05-2011, 02:13 PM
 
Location: Declezville, CA
16,806 posts, read 39,950,586 times
Reputation: 17694
No. You stay at the table young lady until those vegetables are gone.
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Old 02-05-2011, 07:05 PM
 
93 posts, read 182,543 times
Reputation: 67
Default eeerrrrrr

Quote:
Originally Posted by Fontucky View Post
You're excused.

eeerrrrrrr, duhhhhhh!
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Old 12-07-2011, 07:44 AM
 
2 posts, read 3,061 times
Reputation: 10
Mark if your not able to come with a solution with the lenders and you have used all available resources, 1st apply for public housing, then look for an apartment or even a hotel. Here in my area they go for $179. a week but it is all bills paid and after 1st month its considered a residence and you will not be charged the taxes, also talk to them maybe you can get a monthly rate which maybe cheaper considering you maybe living there long term. Considering you situation you will qualify for Ch. 7 bankruptcy. And don't let them scare you from it. You will not be forced to pay any of your debted back. I had to do it. Within a 6 months I was able to obtain a credit card and start all over. Within a year I was able to get a loan for a new home. So don't be afraid to do it. I've been there.
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Old 12-08-2011, 08:32 PM
 
Location: Full time RV"er
2,404 posts, read 6,579,562 times
Reputation: 1497
Quote:
Originally Posted by bebeblugirl View Post
Mark if your not able to come with a solution with the lenders and you have used all available resources, 1st apply for public housing, then look for an apartment or even a hotel. Here in my area they go for $179. a week but it is all bills paid and after 1st month its considered a residence and you will not be charged the taxes, also talk to them maybe you can get a monthly rate which maybe cheaper considering you maybe living there long term. Considering you situation you will qualify for Ch. 7 bankruptcy. And don't let them scare you from it. You will not be forced to pay any of your debted back. I had to do it. Within a 6 months I was able to obtain a credit card and start all over. Within a year I was able to get a loan for a new home. So don't be afraid to do it. I've been there.
WOW ! That sound good for some , but pls let me up date Mark's situation: The Bank did move him out ( see date of posting) he moved into a home his parents own. The important thing that everyone that reads this posting is that before he moved out he filed a UCC-1 for the value he had invested in the home. even though the Escrow co. , the Bank foreclosing , the new Bank and Title co. issueing the new title ins. policy and the loan failed to properly discharge the lien , ( still in place). NOW! after all this time , after all the foreclosures, the Feds have finally realized there was a lot of misrepresentation , errors and deficiencies in the way the foreclosures were done and the feds are now ordering an Independent foreclosure review of the process used by the Banks. They are looking for financial injuries. These UCC-1 filings have been on hold because there are no lawyers willing to go to court and fight the banks , but now the federal reserve system is getting into the act . Hopefully those like Mark that did the legal procedure will get their money.
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Old 12-22-2011, 08:48 PM
 
2 posts, read 3,061 times
Reputation: 10
That all sounds good if they make the banks pay for the repairs on the home that are unoccupied as I heard from other people. The people should not be responsible to have to repair their home that they had to leave because of the threats that were made to them. This really is a sticky situation. A home left unattended will fall apart and the people are left with the burden.
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