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Challenge The Banks Legal Authority To Foreclosure



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By : D. Loren    4 or more times read
Submitted 2008-01-18 23:36:12
In November, 2007 over 200,000 thousand homes were put in foreclosure. In October, 2007 there were 180,000 homes put in foreclosure and in September, 2007 there were 150,000 homes put in foreclosure. The rates of homes that are being foreclosed upon are at record levels, and all evidence point to those numbers increasing in 2008. Even Alan Greenspan in an interview last week said we would probably enter a severe recession in 2008.

The truly sad part is that people are being thrown out of their homes for no other reason than they agreed to it in the beginning. They didn t know they were agreeing to that, (that s part of the deception of the banks) but they were and they were doing it in writing. The banks have conveniently structured their documents to bypass the law so they trick borrowers into giving their rights to the property for not paying the loan servicing fee to the servicing agent which they shouldn t have to pay at all.

Unfortunately, most people not only do they not understand what they are signing but they don t even read what they sign. One must have a suspicion as to why those documents they are asked to sign are 18+ pages long. It s because the banks know they are long and chances are the victims who are signing then are too impatient to read them. Even when they get a copy sent to them before hand, they still don t read it. PLEASE READ THIS STUFF FOR YOUR PROTECTION. If you don t understand something either look it up or ask someone who knows about it. (Please don t ask your lender).

If you have done this there are remedies and things you can do to correct the problem. The contract you signed was only signed by you and you can change the terms of that contract. If you feel you were tricked into signing something you have the right to change that document. After all, you were the only one who has signed it. If anything was not disclosed to you about the loan or transaction it could be a deliberate act of fraud. And an act of fraud has no statute of limitations attached to it so you can always do something about it. When you do change the contract, beneficiary, trustee and power of attorney you SHOULD notify the other parties concerned. It is preferable by a private courier service like FED X, DHL or UPS.

The only party who has the legal capacity to foreclose on a Single Family Residence is the Secretary of H.U.D. The Secretary will appoint a separate Commissioner to handle the foreclosure. This is true unless you give the banks permission or authority to do so by contract. Hence, the 18+ page promissory note you signed. The Secretary of H.U.D. oversees all government regulated loans. If your loan package (more than likely) had a H.U.D. disclosure Statement in it then it qualifies as being a loan the Government has an interest in. So it could be determined that only the Secretary has the authority to foreclose.

What all this says basically is that the majority if not all the Single Family Resident loans are of a fraudulent nature and the Banking community is deliberately trying to keep you economically enslaved.

Please understand that I am not a Lawyer and nothing that I say or write is to be construed as legal advice. I am giving information that I have personally researched and /or experienced. This is my attempt to cause others to research and learn about the corruption in our legal and banking systems.

It is my hope that this information will start you on a path of knowledge and discovery and will help you be free and free of debt. Find more information at www.howtostopforeclosure.webs.com For the FREE ebook Slavery for the People, Billions for the Banks by D. Loren Cossak, send an email to bestebooksinfo@yahoo.com
Author Resource:- D. Loren Cossak was born and raised in California, a Real Estate Broker for 25 years, ran for the California State Legislature and a Candidate for the U.S. Congress. By publishing his experiences on foreclosure, he is determined to help other homeowners. Visit http://www.howtostopforeclosure.webs.com
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