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 $22.95
 
 
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
  3
10
17
21
25

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99
104
105
110
116
125
 
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 Papers  
FTFM Papers
No. 1301 FREE DOWNLOAD
“RESULTING DOCUMENTS” CAN BE TOOLS OF DECEPTION – GET PAST SUPERFICIAL APPEARANCES OF ASSIGNMENTS, DEEDS, TRUSTEE APPOINTMENTS, ALLONGES, NOTICES OF SALE AND SIMILAR DOCUMENTS
No. 1302 $6.95
ONLY THE BOSS OF YOUR NOTE HAS A CONTRACTUAL RELATIONSHIP WITH YOU - CONDUCT YOUR LAWSUIT ACCORDINGLY
No. 1303 $5.25
SECURITIES LAWS DON'T APPLY IN FORECLOSURE LITIGATION
No. 1304, 2nd Edition $22.95
THE CA PASSIVE ATTACK
THE WAY TO A MEANINGFUL “DAY IN COURT” WHEN PROTECTING YOUR RIGHTS AGAINST THE FORECLOSURE MACHINE IN CALIFORNIA
No. 1305 $19.95
REQUESTS FOR JUDICIAL NOTICE
LEARN HOW THE FORECLOSURE MACHINE USES INSINUATION, SUGGESTION, AND IMPLICATION RATHER THAN REAL FACT TO BEAT BORROWERS. DON'T LET IT HAPPEN TO YOU.
 
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.