I know it feels desperate and hopeless for you now but I read about situations such as yours and learn from those who are fighting for homeowners tooth and nail both before and after the foreclosure proceedings have occured.
So many homeowners remain their homes well beyond the date the alleged foreclosure sale occured. If you haven't already and you have any means to do so, seek a real estate attorney who understands foreclosure law and how to effectively prove that your foreclosure sale was conducted without merit or proper authority. You must challenge these predatory lenders in their quest for taking people's homes out from under them without an option in sight or ever in the works at all.
Do not move out of your home just because you may be frightened or feeling bullied. That just give these individuals more opportunity to swoop in and take claim.
This getting really interesting. Investors are the ONLY people with a potential claim to being a holder in due course and who could then seek to enforce the note, mortgage or obligation. As predicted on these pages, they will not and have not filed any legal actions against borrowers. Any legal actions filed have been against intermediaries (servicers, administrators like Countrywide, MERS et al) claiming, of all things, FRAUD. Well if fraud was involved so be it â€” but that means there is NO holder in due course by definition. And remember if anyone succeeds in establishing themselves as the holder in due course, then they are by definition the â€œlender.â€ If they are the lender then they are liable for all damages, fines, penalties, treble damages, claims, affirmative defenses etc. of the borrower.
Don't quit the fight!
Diane Wheatley, Broker