How to slow down the process, buy time, and help you chancing of winning.
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Source is one student has used and revised to have great success with at slowing or stopping foreclosure auctions.
A deferral of the foreclosure auction is necessary to have time to complete one of the administrative processes, or court action need, of our mortgage settlement process. A suggesting process others have used in slowing the auction:
You could say or write this to the Trustee (the person holding the auction). Make sure at some point you get the person’s name who is acting on behalf of the trustee at the auction. Assuming you are the borrower, or acting as a Power of attorney for another party.
Have your POA document in hand and indicate who you are in context.
Script or text to write:
“I am (or represent) the original Grantor on the Deed of Trust. I have first hand knowledge that this note has been satisfied in full” (because you should understand now how the note actually was redeemed by the bank).
At that point they may ask for documentation or proof – the administrative documents should prove this if you have followed the exchange for value process.
If you do not have the documentation with you, you might say: “As the original Grantor of this trust deed (or as the POA for them), I also have first hand knowledge that your assignment is not valid, and believe you cannot prove the contrary with documented evidence. I believe you were not legally assigned by the actual beneficiary or original creditor and cannot document proof otherwise. This lack of proof constitutes fraud on your part, if you sell this property”.
The reason for this last statement is because, 99% of the time a clerk in some office filled out the Trustee Assignment paper work, instead of an authorized signor for the Beneficiary.
Additionally they will lack proper proof of other public recordings on certain government forms, proving proper chain of assignment of the trust deed over it’s history.
All of this needed to be the original person who created the trust deed or mortgage; the borrower (you – the creditor).
Then tell the selling trustee: “I am the original Grantor and creditor, and I’m giving you verbal notice of these facts. I retain the original right to correct this trust, as it was created and assigned without full disclosure.
Since I now have your name(s) and you do not have any liability protection from me suing you personally as a participant of this fraud”.
Be sure check and make sure how you are referred to in your trust deed, either as the Grantor, Trustor, or Borrower, then represent yourself as whichever one applies.
What is not clear in the trust deed/mortgage is who the creditor was, THAT is found on the promissory note.
YOU created the credit and money that funded the transaction.
At this point, they will commonly place the property last on the list while they have someone make a call to the Trustee’s office to make a clarification.
The office will usually call back within a half hour to an hour, and the Trustee will announce that the sale has been postponed due to mutual agreement.
Of course there is no guarantee they will not simply ignore you, so be prepared to video tape have a witness present to testify later, if ignored.
Fight for what is yours.
TAKE A LOUD STAND, THIS HAS WORKED FOR MANY PEOPLE – seek justice.