Americans Against Foreclosures (AAF)

Saving Americans from foreclosure and eviction

Wall Street convinced Americans that it is ok to steal their homes, it is NOT ok!

Monday 1/11/2021 UPDATE: We are writing to explain how we at AAF work.

THERE IS NO EMERGENCY. Studies have shown that one of the worst traumas a person can suffer is the prospect of losing their home. There have been many suicides reported and many gun battles with police. If that were not bad enough, we have a pandemic to think about. So most people I talk to have a high level of stress and picture the cops coming to throw them out any minute. THAT WILL NOT HAPPEN. After living in your house for years without having that happen, or knowing people who have been in their house for a long time without paying, you should take some comfort that eviction is unlikely. You will never be evicted without receiving some kind of advance notice as this is required by law. The bottom line is that no one can force you to leave your home without a court order. In fact, it is still true in the United States (in spite of Trump) that no one can order anyone to do anything except a court. It doesn’t matter what state you are in or whether the law is for a non-judicial or judicial foreclosure, no one can force a homeowner out unless there is a court order. There is also currently a federal moratorium in effect preventing any eviction concerning a federally guaranteed home loan and there are many local and state moratoriums that may exist preventing eviction too. It can be very easy and quick to prevent an eviction. If there is an imminent risk that a court will enter an eviction order, this can be stopped by filing a bankruptcy. Even if the court enters an eviction order it usually takes a while for the sheriff to process it and actually go to a house, so there is usually plenty of time to take action to stop an eviction. A simple bankruptcy “bare bones” Petition can be filed online providing just basic information and the minute it is filed, any and all attempts to collect any debt is stopped. The court will often waive the filing fee or allow payments if necessary. The courts take this very seriously. In a recent case, Bank of America was fined $45 million for violating this law.

LEGAL REQUIREMENT TO JOIN A PRIVATE MEMBERSHIP ASSOCIATION [PMA] We will only work with you legally if you are a paid Member of one of our Private Membership Associations (PMA). You can become a Member of AAF here and now. (Just donate the Membership Fee below on the right menu. ) We are a PMA and are working to coordinate with new Members. This is for your legal protection and ours. The reason for this is that according to the U.S. Supreme Court, PMAs can’t even be required to provide the identity of their Members to anyone. All communications are considered private and confidential. Members can give each other legal advice without being licensed to practice law and in fact, pretty much do anything a lawyer could without being licensed. The state bar went after one PMA dedicated to preventing illegal foreclosures for practicing law without a license and a letter was written in response and they backed off. I have spoken at length with the PMA that shows up number one in a Google Search for “Private Membership Associations”. They have had members pursued by the FDA (doctors), state bars, and other regulatory agencies and they have a 100% success rate in backing them off. You will need to sign our Membership Agreement which will be provided and will have to pay the Membership fee.

FUTURE EXPENSES. Of course, one of the first questions we are asked is how much it will cost to get help. Since there is no emergency, we are not in a hurry to get money and do not ask for any until we start work by preparing documents. The only cost you may have until then is the membership fee to get other benefits the PMAs offer like peer support, networking, and providing educational information. For the actual services in your case, you will be charged an initial fee that can be made in payments plus a percentage of what is recovered. This is in addition to the membership fee. The initial fee will vary depending on what you can afford and we will work with you. However, we need you to be honest about your financial situation for several reasons. One reason is so we can best figure out what to do. It may be appropriate for you to file bankruptcy and as mentioned we want to come to some fair agreement on payment for services. Everyone should have an income. In most cases, you don’t have to pay any mortgage or rent, usually a person's biggest expense. At worst, even if you are in a homeless shelter, you should be getting a free place to stay. At worst, if you are low income and have no job, you will be entitled to public assistance. You should get some income (unemployment, welfare, social security, emergency stimulus payments or loans, etc). All your expenses would be paid too if you are low income with no job. You should have free food, clothing, and medical care. You can get a free “Obama Phone” which includes a certain amount of internet access every month. You should get reduced charges for utilities and internet service. We can make some suggestions about how to get benefits if appropriate.

UPLOAD DOCUMENTS. Everyone has a long story they want to tell. However, I have been involved in this since before 2008. I have heard and read many hundreds of stories and so has our staff. Very little is new. The banks and government pretty much do the same things to everyone. When we get ready to prepare documents, we will likely need some details of your story, but not until then. Usually, everything is in the documents anyway. So again, please be patient about that. AAF provides forums where you can network and get plenty of peer support which can be a favorite place to tell stories and be reassured you are not alone. I think it helps with the stress. What we need as far as documents is anything filed in court related to your matter, no matter what court. Usually, when that has happened everything else needed is in the court file. All courts I know of have electronic files now, so if necessary, documents can be obtained there. However, most courts charge to download documents so it is better if you give us as many court documents as you have. We need the promissory note, mortgage, and a copy of one mortgage statement you have received from each servicer. Typically, if this has been going on for a while your “servicer” has changed so we need a statement or any other document you got from a servicer. That is just so we can identify the servicers involved (to be sued). So only one document showing who they are and what they are claimed is owed is all that is needed. (Don’t worry we already know whatever they say is owed is wrong).

GET STARTED NOW.The first thing after you join, is we need to do is set up an account and upload and file your documents in our case management system. A paralegal will be assigned to your case who will be your point of contact. I personally, love to teach and talk about this stuff. AAF ia arranging to have me speak and when I do, I am always happy to spend some time answering individual questions. This is likely to be on Zoom, Skype, or similar. I will be communicating a lot with the paralegal in your matter by email and phone and on occasion will make myself available to talk to you by phone. The paralegal will keep you up to date on what goes on.WHAT WE DO. We will provide any and all paperwork for you. This would include anything to be filed in court.

ONCE YOU START TO WORK WITH US WE ASK YOU NOT TO SEND ANYTHING ON YOUR OWN TO ANYONE, ESPECIALLY A COURT. Courts decide things based on papers that are filed, especially these days. We have lawyers we work with. You can have any lawyer you want to work with us of course. Whatever they charge may be in addition to what we charge however we coordinate with the lawyer and share money paid so you are not charged twice for the same thing. If you want to have a lawyer become “counsel of record” responsible for the whole case, that is of course possible and might provide some benefit. The main reason a lawyer is needed is if there is to be a hearing in court. Most all court hearings these days are on Zoom or phone if there is to be one. One thing that can be done is have a lawyer “specially appear” just for a given court hearing only. This can be good for you and for the lawyer. The lawyer has no responsibility for the whole case which means he or she can’t be stuck working on a case without getting paid and the lawyer doesn’t have to worry about deadlines. Given the limited scope of their representation, there is almost no chance they could be accused of malpractice. This leaves the lawyer free to attend many hearings and help more people. Contact Attorneys in our legal department on: 1 818 206-3438. Read more about our Legal Department.

Month: February 2021

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19 hours ago

These servicing companies are convincing the courts they are the "Holder" but never prove they paid for the note.In a very recent deposition expertly done by a lawyer in an extremely conservative state, the grossly illegal plan to falsely present a scenario of "securitization of loans" was laid bare despite many attempts by an experienced witness who confessed that he was primarily a teacher to other witnesses for Mr. Cooper d/b/a Nationstar. The homeowner had simply asked for confirmation of the identity of the creditor --- i.e., the person who had paid for the then alleged underlying obligation. Note that although U.S. bank, as "trustee," was noticed to present a witness with the most knowledge regarding the accounts held by U.S. Bank, only the robo-witness from Mr. Cooper appeared.The admission that there are no accounting records within the trust in which there is an account receivable as an asset bearing the name of the supposed debtor/homeowner. This means that U.S. bank neither has nor owns any account receivable with the name of the homeowner ---which means they do not own the debt and never paid for it. Note the careful use of the words "performance" relating to data reported by Mr. Cooper. This is the admission. By substituting a third-party performance report for an actual general ledger maintained on the books for U.S. Bank as trustee, in accordance with generally accepted accounting principles, they can say anything and pretend it to be true.:Admission they are relying on a paper trail and not the money trail. The law requires a money trail. You can use a paper trail to raise rebuttable presumptions about the money trail, but once you ask the right question, and they refuse to answer, like here, they are no longer entitled to the presumption. In the absence of the presumption, they can only proceed if they have proof of payment. But they may not introduce proof of payments without first answering your question.The use of the words “mortgage securitization” like a performer of magic tricks says “abracadabra”. There is no magic and there is no securitization — not without multiple investors buying the alleged loan. That never happened.This is the nub of their problem. they are attempting to change the law. Note how he is using the word “holder” which conforms with a 2008 telephone conversation I had with one of the law firms that was at the hub of this foreclosure plan. *That plan basically was this:If we allege we are the “holder” the court will assume that we are the holder. And if the court assumes that we are the holder that means by definition that we have the right to enforce. If we convince the court that we have the right to enforce the note, it will only be a small leap to get the judge to assume we must have the authority to enforce the mortgage — despite the law in all jurisdictions that a transfer of the mortgage is a legal nullity unless it is accompanied by transfer of the underlying obligation (which can only occur by purchase, payment, and sale). And we think we can get the court to ignore Article 9 §203 UCC because if we have the right to enforce the note, the presumption is that we are enforcing the underlying obligation even though we did not pay for it, as required by the applicable state statute adopting 9-203. But all of that rests upon the application of rebuttable presumptions. They are, by definition, subject to rebuttal. And the simplest rebuttal is to ask the essential questions relating to that presumption. So when push comes to shove if you ask about existence, ownership, and authority over the underlying obligation — a condition precedent under the UCC 9-203 — they will always default to an explanation presumptive rights arising from supposedly facially valid documents. In other words, they default to circular logic because most of the time it works in court even though it makes no sense. First, saying you have possession of the note does not mean you really have it. Also, it does not mean you got it as a legal transfer from one who was the owner of the note, directly or indirectly through authorized transfers. While a thief or a courier might get possession of a note and presumptively have the right to enforce it, you can ask whether the thief or courier received authority to enforce the note from one who had the legal power to grant the right to enforce. When they can’t answer, their case collapses even though properly framed at the stage of filing the lawsuit.*Second, possession of the note does not mean ownership of the debt. If you don’t pay for the note or enter into some contemporaneous transaction to buy the underlying obligation and the mortgage rights, then you don’t own it. Possession could raise a presumption of ownership of the debt depending upon the circumstances that are alleged and proven. But if nothing is alleged (and there never is), there is no right to put on the proof. The allegations are legally required to serve as notice to their opposition as to what they are saying about their own claims. If they don’t say anything then their plan to have the court assume the rest falls flat when it is challenged.*Third, possession of the note does not mean that the possessor has the right to enforce. That can only come from the owner of the underlying obligation. The witnesses for the placeholder “servicing” entities have only one arrow in their quiver on this one. they can only revert to hammering on “holder” status, which does not exist if there is no grant of legal authority to enforce the note by the owner of the underlying obligation, directly or indirectly. And the owner can only be someone who paid for it and maintains an account receivable with the homeowner’s name.*Fourth, the assumption that there is no payment to take over a failed bank is not correct. The failed bank creates a receivership estate and frequently a bankruptcy estate as well. A buyer must pay the receiver or the US Trustee in bankruptcy for the assets being acquired. That is required by law to protect creditors. Payment is definitely involved for any asset being conveyed. Payment can be in cash or assumption of liabilities. Those assets may or may not include everything previously owned by the failed bank. And under state law, they definitely do not include any loans owned by the failed bank without a recorded assignment of the lien. ... See MoreSee Less

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AAF.News4 weeks ago

Jacquie Figg is inviting you to a scheduled Zoom meeting.
Topic: FFBL - Peer Support Meeting - for people losing their homes or that have lost their homes
Time: Feb 3, 2021 06:00 PM Pacific Time (US and Canada)
Join Zoom Meeting
https://us02web.zoom.us/j/9457502120
Meeting ID: 945 750 2120
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+16699006833,,9457502120# US (San Jose)
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Meeting ID: 945 750 2120
Find your local number: https://us02web.zoom.us/u/knX6H0B9A

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AAF.News1 month ago

https://www.cnbc.com/2021/01/20/biden-to-extend-the-national-ban-on-evictions-through-march-2021.html

Biden extends the national ban on evictions through March 2021

President Joe Biden on Wednesday extended the federal ban on housing evictions through March 2021 in one of his first acts following inauguration.

cnbc.com

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AAF.News updated their status.3 months ago

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