We reserve the right to edit, classify or refuse to publish any material submitted by a comment and/or information provider. While we take every precautionary measure to prevent inappropriate, inflammatory material we cannot rule-out such stray incidents. We request all the users to maintain proper decorum and let us continue and excel in providing this interaction service to our community.
We are a consortium of legal professionals, paralegals and journalists. We are not all attorneys. We do not play one on TV. Nothing in this entire blog should be construed as legal advice. If you need legal advice you should consult an attorney.
PAID ENDORSEMENT DISCLOSURE: In order for us to support the blogging activities, we may receive monetary compensation or other types of remuneration for endorsement, recommendation, testimonial and/or link to any products or services from this blog.
The First Amendment (Amendment I) to the United States Constitution prohibits the making of any law respecting an establishment of religion, impeding the free exercise of religion, abridging the freedom of speech, infringing on the freedom of the press, interfering with the right to peaceably assemble or prohibiting the petitioning for a governmental redress of grievances. It was adopted on December 15, 1791, as one of the ten amendments that constitute the Bill of Rights.
DeadlyClear advocates for transparency and
accountability in an effort to preserve the rights guaranteed to the press under the First Amendment and strengthen the public’s right to know.
DeadlyClear® is a product of Project Maui, Inc., a Hawaii corporation. Copyright 2012-2023. All rights reserved.
Deadly Clear 
No, ignorance is the reason why most borrowers don’t contest foreclosures.
I’m a Christian, most of my friends & clients are, and more than once I’ve heard a client say it’s our Christian duty to pay our debts. That’s true, but Christ says don’t go into debt to begin with. Also true is that you have no duty to pay a fraudulent debt, but even if the mortgage is fraudulent, you have no right to keep the house you “bought” with the mortgage.
You have no “equity” unless you made a large down payment and/or have made mortgage payments for many years. As everyone should know, for several years your payments are going to interest, not principal — on a typical mortgage you have to make on-time payments for 10 years before you have any real “equity” — unless you made a big down payment.
And a crucial point I have not seen mentioned on this site (which I’ve followed for years & have commented on a few times) is that a mortgage falls into the category of CONTRACT law. You may be able to show that your mortgage was a sham to begin with, and/or that it’s been fraudulently transferred several times & there is no legal chain of title / custody of the (promissory) Note, but that doesn’t change the fact that you entered into a CONTRACT. If you don’t make the payments you agreed to, that’s a breach of contract.
If the contract is fraudulent, or “unconscionable” (no reasonable person would enter into it), the burden of proof is on you. And as many courts have held, even when you can prove the mortgage has been sold or otherwise transferred multiple times, with everyone (other than you) making a profit, you’re still obligated to honor the contract. In other words, if your mortgage has been sold / assigned one or more times & the original “Lender” has already been paid, you’re still obligated to make the payments you agreed to, or suffer the consequences for not making them.
I’m not saying there’s no way out of a fraudulent mortgage & I’ve helped several people stop a foreclosure, but you must understand that you’re dealing with contact law & the Uniform Commercial Code (UCC) as codified in your state. The UCC is NOT federal law, but all the states enacted it into state law about 60 years ago, with few changes. For example, the UCC is chapter 25 of the North Carolina General Statutes.
So if you want to contest a foreclosure, you either have to know contract law, or find someone who does.