In Pro Per
Thwart Illegal Foreclosures

Strategy

Stop the Bad Guys in Their Tracks

The theft of your home is devastating. Especially if the thief sold it to a third party. The law won't let you get your home back. The third party is known as a bona fide buyer.

But if the third party knew before buying the home that its ownership was in question, they are no longer an innocent buyer.

Putting everyone on notice that the ownership of the home is in question, is a good way to protect your interests while you undo the crime.

Putting the Bad Guys on Notice

I have been asked to send the group some insider's tips for stopping a bona fida buyer and scam foreclosures.

Here are legitimate ways to beat the criminal at its own game.

Disclaimer: I am not an attorney, and please don't use this as legal advice. This is FYI only and you should consult with an attorney to verify.

That being said. Let's proceed.

1. What Did You Know and When Did You Know It -- For instance, a lender has filed a NOD against your home. You send them a letter putting them on notice that the foreclosure is a fraud, or is a result of a fraud. The letter should also demand they stop their foreclosure and state why it should be stopped. Also point out that their actions are causing you financial and emotional harm. Keep in mind, the legal clock for recourse begins at that the point of notification.

2. Notification -- Be sure you send the notification certified return receipt to both the lender and the foreclosure company and whomever else is involved in the fraud. Include a copy of the grant deed you say shows the rightful owner. When you get the certification of receipts back, take them and an original copy of the notification to the county recorder and file it. Attach a county certified copy of your Grant Deed. Title your cover sheet: Notification of Slander of Title or Notification of Clouded Title on APN # , title description (lot no. block no, in the estate of...) and commonly known as (your address).

3. No Bona Fide Buyer —- The notification may not stop the foreclosure, but all actions from that point forward are with full knowledge that the true ownership was in question. For this to be useful in a court action, send a copy of the recorded notice package to the lender and foreclosure company after you get it back from the county. ALWAYS keep your originals for your proof. No one will be able to claim bona fide buyer or clean hands. To be a bona fide buyer, you have show that you were innocent of any knowledge of a crime or clouded title.

4. Stopping the Bona Fide Buyer -- Make dozens of copies of the notification packet (with county stamp). Get friends and family to help you. Attend the auction. Have every one pass out the notification and as they do say to each person, "You are hereby served with a notification that item #2 is...." Make sure the person grabs the document. If they refuse, call a friend over to witness, and then gently tuck the document in their arm, whatever while repeating, "You have been served..." When your house is called. Stand or move to the front and read from the notification. They will do their best to shut you up. Don't falter. Speak louder if you must. Have your friends or family ready to continue if you are physically removed. Your goal is to put all on notice that no purchaser of your property will be a bona fide buyer.

5. After the Foreclosure -- Chances are if the foreclosure is a scam, the scamster will not be stopped by the above actions. Often foreclosure scams use a straw buyer. Scamsters play the odds. But by doing the above, no one has a slam dunk to your home. All actions taken are with full knowledge that true ownership was in question and with full knowledge that crime had occurred, which makes them an accessory to the crime.

6 . Seizing Your Home -- A person purchased your home despite the public warning and the recorded notification. Now what? That is big clue something is not Kosher, if you have a legitimate claim to right and title. The smart thing to do is have a Quiet Title and Cancellation of Instrument action prepared ahead of time, so all you have to do is fill in the buyers name and address. The lawsuit should also list as defendants, all other possible parties involved. Also prepare a TRO and file all the pleadings either on the same day as the auction or the next day. It's called a Pre-emptive strike. Before the buyer can demand you vacate the premise or have the sheriff physically hall you out, you have tied the buyers' hands with the lawsuit, and TRO. You will also need to file a Lis Pendens. Keep in mind, a legitimate buyer would do due diligence in searching the chain of title to determine that it's clear. Upon seeing you recorded notification, they will probably do further investigation to determine if you're a crack pot or blowing smoke.

Do not attempt to use this method is you're just wanting to stop a legitimate foreclosure. You will get yourself in all sorts of legal trouble for making a false claim.

Hope this helps you. Definitely talk to lawyers to get advice about the Quiet Title/Cancellation of Instrument.

TC - Fellow Christian solder against the evil ones.

Example Form

Print and sign your name and date at the bottom of the notice.. Have it notorized and then file a copy with your county recorder where the property is located. Do this at least four weeks in advance of the sale date because it takes county recorders a while to process documents and have on film for public viewing.

By having it on public view, it will limit the number of people appearing at the auction. Ideally, you want to have your Quiet Title filed and a Lis Pendens, which is also filed with a county recorder. This lets the world know that the title is clouded because an issue of the ownership is questioned.

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WJFA nor anyone representing it interprets law or provides legal advice. All information on these pages were provided by victims of fraud denied justice and this section is only meant as an insight for other victims having to undo a crime in civil court.

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