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Fighting The Foreclosure Machine  
Fighting the Foreclosure Machine
Don't Assume They Win –
even if you're behind on the mortgage payments!
by Robert M. Janes
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Description
Don’t be guided by incorrect information and assumptions. The most basic foreclosure law, common to every state, gives you substantial leverage with which to protect your rights and your home. Learn your opponent’s weaknesses and your leverage points.

The foreclosure machine often falls flat on its face when challenged to prove it has the right to demand money from you under the threat of taking your home. You have the power to make the machine take that test in a court of law. That may be the best thing for you to do.

Additional Information
What You Will Find In This Book
 
Fighting the Foreclosure Machine is directed to the substantive matters that can let you, as a borrower threatened with foreclosure, better understand your options and improve your likelihood of success should you elect to fight back.

The purposes of this book are to:
  • Help you understand your opponent, the mortgage finance industry, its foreclosure machine and the substantial body of law that is there to protect your rights and your home.
  • Give you the information that can help you assess whether fighting the foreclosure machine makes sense for you, given your personal circumstances.
  • If you decide to fight back, Fighting the Foreclosure Machine is a litigation resource written in plain language to help you and your legal advisor avoid time-consuming and costly duplication of legal research and analysis.
 
In addition FTFM provides:
A Recipe for the Foreclosure Fight:
  • Rule 1: Don't Take Their Word – Demand Proof. Learn the difference between legally significant "fact" vs. what they try to use in court.
  • Rule 2: Gather and Use Facts. They have to produce hard, cold facts or they should lose. Learn what facts are important, the necessary facts they don't have, and how to make the machine give you the information you need.
  • Rule 3: Make them prove the rights they allege. They say you owe them money or else they have a right to take your home – make them prove both by law. They have the burden of proof on their shoulder. Learn what they must prove with hard evidence and how to help your judge see when the machine can't deliver the necessary proof. Learn how to keep the burden of evidentiary pressure on them, where it belongs by law.
  • Rule 4: Don't let them have an easy win. Learn tactics regularly used by the machine to defeat the unwary, and how to avoid those traps.
  • Instruction on how to lay a good foundation for the legal fight.
  • Examples and forms.
  • Specific strategies that, if properly applied, can help you prevail.
 
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Read Amazon Reviews
 
The Nuts & Bolts it Takes to Keep Your House
[ June 8, 2012 ]
Robert M. Janes's Fighting the Foreclosure Machine: The Homeowner's Hammer can enable many homeowners to keep their houses, in spite of the burst housing bubble's awful aftermath. For people who have received a foreclosure notice, this book will replace their worries with instructions on how to proceed with the legal wisdom, factual knowledge and kind encouragement to try to save their home. The book's subtitle, "The Homeowner's Hammer," accurately describes the usefulness of the book as a tool to `rebuild' their threatened house for their possibly future use.  More >

– T. Winbigler
 

 
Worth Reading!
[ June 8, 2012 ]
This book is easy to read and has tons of practical information for people facing foreclosure and the attorneys helping them. Mr. Janes stresses that potential foreclosure victims should seek professional help but he also clearly explains why foreclosure has become so prevalent and how to make the decision to fight a foreclosure. His plan to update the information through an e-newsletter is great!

– Colorado Homeowner
 

 
Excellent Analysis of the Foreclosure Mess
[ June 11, 2012 ]
Mr. Janes does a great job of identifying the weakness in the banks' position and offers very useful and effective tools (including form discovery requests) for battling the banks. Mr. Janes' approach is common sense and old school, 2 + 2 = 4. Useful for the practitioner and Average Joe.

– Bill Butler
 

 
Tells the story of the housing mess we are in
[ July 13, 2012 ]
This book describes the arrogance and complicity of the mortgage banking industry in originating and selling anything and everything to Wall Street, who then peddled it to your 401K and pension plans or to unsuspecting foreign banks. The only good news is that they violated the law in many if not all states, and for a determined consumer willing to fight their oppression, there is a decent chance of keeping their house or obtaining some financial remedy for their improper actions. This book tells you what government won't tell you, to prevent a run on the financial institutions that caused our economic malaise.  More >

– Paul Kahn
 
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Fighting The Foreclosure Machine.com

ShellGame-MERS: Contrived Confusion  
ShellGame-MERS: Contrived Confusion
by Robert M. Janes

ShellGame-MERS is available for digital download
ONLY $22.95  at eSprouts.com
ShellGame-MERS - Contrived Confusion on eSprouts.com
 
Description
Mortgage Electronic Registration Systems, Inc., (“MERS”) is a big problem for the foreclosure machine. It's problem is your opportunity. Learn why this is so and how to use the presence of MERS to your advantage.

Additional Information
What You Will Find In This Paper
 
ShellGame-MERS: Contrived Confusion is by the author of Fighting The Foreclosure Machine. Like the book, this paper is a plain-language legal treatise. You and your attorney can use it to help your judge make the correct decision.

What you will find in this paper:
  • Relevant history of "MERS"
  • What MERS is and is not.
  • How it has been misrepresented to courts.
  • How to introduce your judge to the real MERS.
  • Why ShellGame-MERS is the better name for it.
  • Why the mere presence of ShellGame-MERS in the mortgage is a serious barrier to foreclosure.
  • Examples of how to draft complaints and answers in cases involving MERS.
  • Examples of discovery requests when MERS is involved.
  • Methodology for challenging and discrediting claimed foreclosure rights premised on anything done in the name of MERS.
 
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Table of Contents
 
TABLE OF CONTENTS
INTRODUCTION
SOURCES OF INFORMATION
FEDERAL CONTROL OF SHELLGAME-MERS
EVIDENCE OF CONTRIVED CONFUSION
  Facts, Muddle and Observations
HOW TO DEFEND AGAINST THEIR USE OF
THE NAME OF SHELLGAME-MERS
  ShellGame-MERS Has No Independently
  Exercisable Rights in the Note or Mortgage
  Agency Law: The Hammer to Use When Your
  Opponent Claims ShellGame-MERS Did
  Something as a Nominee
BASICS OF THE CHALLENGE
HOW TO USE THIS INFORMATION
CLOSING COMMENTS
  Exhibit A Examples – Drafting Claims & Responses
  Exhibit B Examples – Discovery Requests
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NOT LEGAL ADVICE: this paper provides information, not legal advice. Each person’s circumstances and facts are unique. You and your legal advisor must determine how, if at all, this information might benefit you.
 
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FTFM Paper No. 1305  
FTFM Paper No. 1305 - Requests for Judicial Notice
Donít Give Them An Easy Win
by Robert M. Janes

FTFM Paper No. 1305 is available for digital download
ONLY $19.95  at eSprouts.com
Requests for Judicial Notice on eSprouts.com
 
Description
Learn how the foreclosure machine uses insinuation, suggestion, and implication rather than real fact to beat borrowers. Don't let it happen to you.

Requests for Judicial Notice (RJN) are frequently used by the foreclosure machine to support motions designed to eliminate your claims against your opponent. Those motions usually can’t succeed unless the machine gets the judge to treat as fact the unproven suggestions, insinuations and statements of the documents for which judicial notice is sought. Learn how to successfully object to the RJN and you are well on your way to defeating the related motion. FTFM Paper No. 1305 describes the RJN process and how to file effective objections to its use by your opponent. Defeating a RJN isn’t particularly difficult once you know what that fight is about.

Additional Information
About the Author
 
Requests for Judicial Notice is by Robert M. Janes, B.B.A., M.P.A., J.D.. He is the author of Fighting The Foreclosure Machine, ShellGame-MERS: Contrived Confusion, The California Passive Attack, and other foreclosure litigation studies available at this site. Each is a plain-language legal treatise with how-to recommendations. You and your attorney can use these to help your judge make the correct decision.

About the Author
Robert M. Janes, B.B.A., M.P.A., J.D, was a certified public accountant before commencing his practice of law over 20 years ago. He represented individuals and businesses in state and federal courts, including debtor representation in complex creditor vs. debtor and bankruptcy cases. Now retired from the practice of law, Bob offers his knowledge in print and online for homeowners facing foreclosure due to the sick economy that is not of their making. His work also includes assisting attorneys with the defense and protection of their clients, public speaking and commissioned studies.
 
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Table of Contents
 
TABLE OF CONTENTS
INTRODUCTION
THE LAW OF JUDICIAL NOTICE
  HOW TO DEFEND AGAINST
  REQUESTS FOR JUDICIAL NOTICE
  Drafting the Opening Objection to a RJN
  Questions Raised by RJN Documents and
  Information Sources
    A. Questions are raised when the title
        and content are inconsistent
    B. Labels are questions, not facts or answers
    C. Undefined words and phrases are
        questions, not facts
    D. "How Much" and "What" questions
        are important
    E. Efforts to limit transferor liability are
        questions demanding answers
    F. Alleged transfers of the Note create
        questions, not fact
    G. Alleged agency relationships are
        always unanswered questions
    H. Multiple locations raise unanswered questions
    I. Conclusions of fact or law are
        unanswered questions
    J. JPMorgan Chase's WaMu Purchase is
        an unanswered question
    K. The signor's uncertain role is
        an unanswered question
    L. The identity of the individual who signs is
        an unanswered question
    M. Unidentified payee is
        an unanswered question
    N. Inconsistencies raise unanswered questions
    O. Blanks and areas left unfilled raise
        unanswered questions
    P. The Mortgage itself is
        many unanswered questions
    Q. The choice to not answer your claims creates
        unanswered questions
    R. The Note presents many unanswered questions
    S. Be thorough in identifying unanswered questions
        for the judge
    T. Your Exhibits don't qualify for judicial notice
        by your opponent
    U. Post-dating creates unanswered questions
    V. Website information represents
        unanswered questions
  DON'T USE TESTIMONY TO OBJECT TO RJN
  STANDING TO CHALLENGE ASSIGNMENTS
  DISCOVERY, DISCOVERY, DISCOVERY
  CLOSING THOUGHTS
Exhibit A
  Locate Your Rules of Judicial Notice
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NOT LEGAL ADVICE: this paper provides information, not legal advice. Each person’s circumstances and facts are unique. You and your legal advisor must determine how, if at all, this information might benefit you.
 
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FTFM Paper No. 1304, 2nd Edition  
FTFM Paper No. 1304, 2nd Edition
The CA Passive Attack
by Robert M. Janes

FTFM Paper No. 1304, 2nd Edition
is available for digital download
ONLY $22.95  at eSprouts.com
The California Passive Attack on eSprouts.com
 
Description
The California Passive Attack offers Californians a good option for challenging the unsupported demands and threats of the foreclosure machine. The California foreclosure arena currently favors the companies that aren’t required by the courts to prove more than that they can send out form letters before taking a person’s home. Borrowers rarely get the opportunity to make the machine prove its alleged rights with genuine evidence.

FTFM Paper No. 1304, 2nd Edition describes a way to fight back without having to play by the rules of the game the machine wants you to join. Rather than react and do the same-old, same-old, a different and better approach is available using California statutory and case law that doesn’t involve trying to stop a nonjudicial foreclosure. Learn how to protect your rights and home, and without need of trying to stop your opponent’s threatened foreclosure. This paper includes helpful “how-to” examples and exhibits, in addition to extensive references and discussion of legal authorities.

Additional Information
About the Author
 
The California Passive Attack is by Robert M. Janes, B.B.A., M.P.A., J.D.. He is the author of Fighting The Foreclosure Machine, ShellGame-MERS: Contrived Confusion, and other foreclosure litigation studies available at this site. Each is a plain-language legal treatise with how-to recommendations. You and your attorney can use these to help your judge make the correct decision.

About the Author
Robert M. Janes, B.B.A., M.P.A., J.D, was a certified public accountant before commencing his practice of law over 20 years ago. He represented individuals and businesses in state and federal courts, including debtor representation in complex creditor vs. debtor and bankruptcy cases. Now retired, Bob offers his knowledge in print and online for homeowners facing foreclosure due to the sick economy that is not of their making.
 
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Table of Contents
 
TABLE OF CONTENTS
PREFACE
RECOMMENDATION – THE PASSIVE ATTACK
  QUIET TITLE – SIMPLE AND A CHANCE TO
  IMPROVE YOUR ODDS
  IS THIS QT RIGHT FOR YOU?
    Multiple And Different Kinds Of Liens
    If Your Home Has Been Sold In A Foreclosure
    If Your Debt Has Been Admitted To Your Opponent
  BASICS OF A SIMPLE AND PROPER QT
  THE STRENGTH OF THIS QUIET TITLE ACTION
  THE MIX OF KNOWN AND UNKNOWN
CALIFORNIA’S QUIET TITLE LAW
  QUIET TITLE, COMMENCEMENT OF
  ACTION - § 761.20 CIV. PROC.
  SAMPLE QT COMPLAINT FOLLOWS
  STATUTORY REQUIREMENTS
  PLEADING STANDARDS FOR QT LAWSUIT
  NOTICE OF PENDENCY OF ACTION
  (“LIS PENDENS”)
  DEFAULT JUDGMENT POSSIBLE IF
  A DEFENDANT DOES NOT ANSWER
  SELECTING DEFENDANTS
GETTING PAST THE INITIAL ATTACKS
  THE DEMURRER EXERCISE
    Demurrer Basics
    The Demurrer Is Not An “Answer”
    Expect A Routine Attack
    Demurrer Requires Your Opponent To
    Admit Certain Things
    Other Comments About Demurrer Practices
    Objecting To The Demurrer – An Outline
  REQUEST FOR JUDICIAL NOTICE
  THE TENDER RULE
    QT Pleading Requirements Do Not Include
    Tender Rule
    Tender Rule In A Quiet Title Situation
DISCOVERY, DISCOVERY, DISCOVERY
WHICH COURT? FEDERAL OR STATE?
CLOSING THOUGHTS
Exhibit A
  Sample QT Complaint
Example B
  Sample Application for Permission to File Lis Pendens
Example C
  Sample Notice of Pendency of Action (Lis Pendens)
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NOT LEGAL ADVICE: this paper provides information, not legal advice. Each person’s circumstances and facts are unique. You and your legal advisor must determine how, if at all, this information might benefit you.
 
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FTFM Paper No. 1301 - FREE Download  
FTFM Paper No. 1301
Download Now  FREE SAMPLE!

ADDITIONAL FTFM PAPERS available at eSprouts.com
Buy FTFM Papers on eSprouts.com
 
Description
FTFM Papers complement your foreclosure litigation library, and cover a variety of topics, including tactical suggestions, how-to examples, information about additional legal resources, or updates, research and analysis that supplement Fighting the Foreclosure Machine or other FTFM publications.

View list of available FTFM Papers here.