How to stop a second mortgage foreclosure

In part 1 of this video series on second mortgage foreclosure cases I explained why we are seeing so many second mortgage foreclosures. Part 1 of the Video series is here: • Why are there so many ...
In this video I explain how existing laws can be utilized to create a defense to the second mortgage foreclosure, in most cases, and to set forth legitimate claims for counsel fees and damages are part of the defense.
This is a fairly serious nerdout. If there is interest, I can go deeper into all of the causes of action and defenses potentially available in these cases:
FDPCA
RESPA
TILA
UDAP
I hope this helps people. That's the whole point of my KZbin channel. Be well!
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More Resources
Our website: denbeauxlaw.com
About Foreclosure Defense: denbeauxlaw.com/foreclosure-d...
Guide to Foreclosures in New Jersey: denbeauxlaw.com/resources/for...
More about your rights during foreclosure: denbeauxlaw.com/foreclosure-r...
Learn about the new CFPB servicing rules: denbeauxlaw.com/new-cfpb-mort...

[@JohnSmith-xu7ev]

We need a law to stop banks selling mortgage to investors that can file foreclosure

[@CadillacMan2000]

Can you recommend a lawyer in the Chicagoland area

[@markboothman6003]

Sent a message to Josh and within seconds he called. I live in the state of Georgia and only requested direction/advice. He was more than willing to help me making me aware of the National Association of Consumer Advocates - a good place when looking for an Atty who specialized in mortgages. I've got my work cut out for me since all of them are 4 to 5 hours away. I'll wait until Monday to see if any of them have closer offices. Just wanted to give Josh a shoutout. Thanks for the assistance with the mortgage issues I'm having. Will keep you updated. Mark.👍👍👍👍👍

[@frankybooboo1857]

Very helpful! Ty!

[@ramm.gacasan5050]

hello, can you help as well from BC Canada. The property is foreclose buy the second mortgage filed. The strategy lender use was the first mortgage filed the foreclosure then it turned out to be the second mortgage did all the application but only one lawyer did all the job amd deciet to foreclose the property

[@jesshill3758]

Are you licensed in Missouri by chance? I am finding fraud in our investment property- Wells Fargo does not have the original deed of Trust Mortgage Document that should ALWAYS accompany the Promissory Note amount other things.

[@michaelmason6683]

Josh, where in TILA does it say mortgage servicers must send a statement each month...and if they dont send a monthly statement, they are not allowed to collect interest. If this is actually the case, my morrgage servicer is totally screwed.

[@denbeauxdenbeaux3486]

That is a very long answer, and is the subject of a legal argument that is multiple pages long. If you have an attorney working your case, I will share it with that lawyer. I am not going to give it to non-attorneys. We are working to make this argument work nationwide and are careful as to who presents it and how it is litigated.

[@michaelmason6683]

@denbeauxdenbeaux3486 ok I respect that. My mortgage company doing the 2nd mortgage foreclosure made me an unreal offer yesterday to cut the amount owed from 240k to 97k!

[@michaelmason6683]

Got my house sold. Stopped tye foreclosure and banked 100k. Mainly due to this video. You gave me A totally new angle of attack

[@user-cc7xf4zh6p]

@@michaelmason6683 curious to hear if you had an attorney helping or did you contact the 2nd mortgage company yourself? And if you don't mind sharing, did they let you make payments on the 97K?

[@michaelmason6683]

@user-cc7xf4zh6p we tried lawyers but they didn't help us. What DID work was contacting the state of Oregon dept of Justice and filing a TILA complaint against the mortgage company that was trying to foreclosure on us. They immediately made us the deal of going from owing 240k to 97k. We had a month to pay them the 97k. We sold our house and had lots of extra equity. Point it.. the creditor is scared of the state government you live in...not some attorney.

[@analizacoldren590]

Wow, this is really happening to us just recently this year 2023

[@denbeauxdenbeaux3486]

This is happening to a lot of people. I am sorry it is happening to you. I don't know what jurisdiction you are in, but the Truth in Lending Act prevents - or should once judges start having to rule on it - collection of past interest. If you are outside NJ, and you find a good attorney, have the attorney reach out to me and I will share the briefing and pleading we have drafted on this point. It will have to be amended to fit the jurisdiction but our work will be a good way to avoid having your attorney to reinvent the wheel.

[@analizacoldren590]

Hello, thank you for your respond yes, we already have attorney we still waiting for the servicer to respond .

[@TD-gt8ko]

Sir, politely disagree. Those folks borrowed the money, just because lender never foreclosed. They are out of the obligation?

[@denbeauxdenbeaux3486]

No, the obligation continues, so long as by obligation you mean the original principle of the loan. Additional interest, fees, etc. Those are prohibited and it is a violation of federal law to try to collect the additional sums. The industry who is doing the foreclosing and collecting know that the foreclosures and collection attempts are illegal but they count on most people not knowing their rights. When a debt collector looks for only the principle of the amount borrowed, I tell the potential client I cannot do anything. When one of the predatory companies comes along and tries to steal money to which they are not entitled, then fur begins to fly.

[@frankybooboo1857]

Anyway on where to go to verify deed fraud on foreclosures. If an llc has possibly downloaded a document and it shows the transfer of a property to their llc and how to verify fake signatures notarized stamps etc etc. a possible video on this topic. Thanx