Sunday, February 17, 2013

Grand Strategy for Foreclosure-Abandoned Houses - NOT Adverse Possession Strategy

Grand Strategy for Foreclosure-Abandoned Houses

NOT Adverse Possession Strategy

I suggest you forget adverse possession of foreclosure-abandoned realty till you can afford to litigate in advance to keep the cops away from you.  Here's a way to progress:
  1. Find distressed, abandoned property
  2. Research the property and litigation at the courthouse
  3. Deal only with freshly abandoned, not-yet-foreclosed property
  4. Approach the equitable owner (abandoneer)
  5. Ask for a quitclaim deed, explaining you will care for the property; suggest $100 or $200
  6. Failing that, ask for a contract for occupancy and preservation, taking care that you have any required licensing (or operate under someone's)
  7. Failing that, drop the property and go to the next one.
  8. Eventually, you will find some players.  You can then repair and occupy/rent the property till you get a Writ of Ejectment from the court.  You could have hundreds of these active in your area.
  9. Turn your infrastructures into individual profit centers for moving (two men and a truck), child care, grounds and structure maintenance (preservation), rental/collection, sales of services like prepaid legal, child care, school drop off, moving, household goods downsizing, furnishing with folding/inflatable furniture, housekeeping, gift buying, etc, all from a menu for your tenants.  Expand by offering these services throughout the community, and use the business to find more properties before they become distressed so you can intervene at a profit.  Sell the preservation service to banks for nothing (you keep the rent under contract).
  10. Impose liens on everything for repairs, etc to encumber the sale and get paid when the sale occurs.  This will leverage your position and motivate the bank to sell to you for a song in many cases.
  11. Send cooperative mortgagors/foreclosure victims to Me for mortgage fraud examinations (727 669 5511).  The exam report can give them negotiating power against the bank or provide the basis for a lawsuit for tortious conduct, contract breaches, or legal errors underlying the mortgage, and the client might get the house free and clear with you keeping a portion under deed/lien for your service.  Client can get a loan to pay you off and clear the title.
  12. Engineer community lawsuits related to adverse possession and the abuse of communities by lenders/borrowers/county/HOA who let distressed properties go to ruin, depleting everyone else's property value.

Bad-Faith Adverse Possession Will Land You in Jail

A person who knows it impossible to fulfill the requirements of adverse possession takes possession in BAD FAITH.  That can provide government with a cause of action for related crimes (fraud, theft, etc).  Examples - mortgagee keeps paying taxes, house in foreclosure will eventually go final and court will order ejectment prior to 7 years, bank equitable owner of property already foreclosed will sell it and ejectment will happen.

Remember that Adverse Possession law provides people of good faith a way to get clear title to property they possess under the following conditions:

  • Period - must do all of these for the statutory period - 7 years in Florida
  • File notice of adverse possession and related affidavit at property appraiser within the first year of occupancy (in Florida) - one time only
  • exclusive - not shared with someone else
  • continuous - occupy the realty continuously (not in there/not-there phases) for the statutory period
  • notorious - out in the open and obvious, especially to the equitable owner
  • hostile- without owner permission
  • taxes - must pay taxes and special assessments every year
  • improve - must care for and improve the realty (land, appurtenances)
  • HOA - must comply with Home Owner Association and other community requirements for the property (consider this part of improvements)
If you know you cannot fulfill ALL of these consummately, then you take adverse possession in bad faith and you become nothing more than a land-grabbing, trespassing squatting fraud and thief.  Judging from history, you will become dog meat for the Sheriff / Police / State Attorney.

Why a Mortgage Fraud Examination Can Get You Your House Free and Clear

  • Underwater Mortgage?
  • Owe more on the house that it's worth?
  • Facing foreclosure?
  • Paying more for your house than you can afford?

If you say yes to any of these questions, you MUST read the below expose' of HOW TO GET YOUR HOUSE FREE AND CLEAR

Many people want to fight foreclosure, but cannot afford it and don't know how.  Here's the secret to fighting foreclosure:  DON'T DO IT.

Instead, ATTACK THE MORTGAGE ITSELF for its underlying fraud, torts, breaches, and errors that the LENDER or his agents committed against you.  Want examples?  Overvaluing the house in the appraisal, lying on the Loan Application about the borrower's income/expenses to make the borrower seem more qualified.  These and numerous other gross mistakes curse the typical mortgage, especially in Florida.  I estimate that the financial community has over the past 15 years cheated a minimum of 90% of the single family home mortgagors (borrowers).

Why Foreclosure Defense ALWAYS FAILS

The typical foreclosure defense attorney cares absolutely nothing for this reality.  That attorney only wants to bilk the client $500 a month (plus retainer) or more for a year or so till the foreclosure goes through, and then profit from a terrible loan mod deal that the borrower will never repay.


That means foreclosure defense attorneys commit malpractice.  Client comes for help defending a foreclosure action because of breach of contract, and lawyer doesn't bother examining the mortgage contract and related documents thoroughly for causes of action.  Why?  Because the attorney does not possess the requisite skill in several areas of law and finance to do the job competently.  His head spins with confusion while he mugs for the client in fake confidence.

Why Loan Audits and Securitization Audits Are Scams

Furthermore, not just any hooligan, hyping, slick-talking marketeer can examine a mortgage and its related foreclosure documents.  If you read the words LOAN AUDIT or SECURITIZATION AUDIT, turn around and run the other way because you are looking at a SCAM.  I have seen dozens of such audits and talked with competent attorneys about them. They universally agree these have no value to the mortgagor and virtually none to the attorney because they do not reveal the poignant causes of action the borrower has against the lender for cheating him in the mortgage deal.  Loan auditors and securitization auditors are nothing more than slick hucksters in my book, and most of them belong in jail for fraudulent misrepresentation of the value of their services.

It takes years of devotion to study and practice in finance, contracts, torts, mortgage, appraisal, lending regulations/laws, foreclosure, and litigation practice that virtually NO 40 year old lawyer has within his knowledge and experience.  That's why the typical foreclosure defender cannot do a mortgage exam without expert assistance by a consummate, devoted, professional examiner.

How the PERFECT Mortgage Fraud Exam Can Arm You to Win Your Case

I know of only one such competent examiner in America.  He provides an examination report within 7 business days for a very fair price ( a lawyer would charge $5000 to $10000 for such an exam, marking it up and claiming it as his own work).  And anyone, lawyer or mortgagor, can use the exam report as the basis of a settlement negotiation or lawsuit for the causes of action it reveals with crystal clarity.

The mortgagor's biggest problem will lie in finding an attorney willing to fight the battle.  But here is living proof that such a battle can produce HUMONGOUS REWARDS for someone whom a big lender cheated badly.

Proof of Benefits of a Proper Mortgage Fraud Exam in the Hands of Competent Attorneys -

$3 Million Judgment

You see?  The lender cheated a woman and her daughter.  But the lawyer, by proper examination of the mortgage and foreclosure, mounted a negotiation (which fell through) and then a lawsuit against the predatory lender, Quicken Loans.  The court HAMMERED the lender, awarding the house free and clear, negating the loan, granting nearly a million in attorney fees, and $2.1 million in punitive damages.


Send Your Mortgagors to Bob Hurt for a Mortgage Fraud Examination

I mean to say that YOU can help mortgagors in foreclosure (or their attorneys) by sending them to me to get their exam done.  I'll explain everything to them with crystal clarity and set them up with a questionnaire and interview to get them started.  And I won't charge a penny for my service.  I do it out of love alone.  (No, I don't turn away donations - see below).  And they can end up with a cash settlement, a dramatic reduction in loan balance and interest rate with no balloon (a cram-down loan modification), or the house free and clear, AND possibly a huge punitive damage award.

THAT's how to bring a black-hearted, iniquitous lender to a just reward for his fraud and treachery.

Tell those you know with mortgages to contact me for a comprehensive MORTGAGE FRAUD EXAMINATION, whether or not in foreclosure, especially if they have an underwater loan.  It's the only path to getting a cash settlement or your house free and clear.

727 669 5511 
Email Me

Bob Hurt
2460 Persian Drive #70
Clearwater, FL 33763-1925
(727) 669-5511
Visit My Home Page  ·  Email Me  ·  Visit My Blog
Learn to Litigate with Jurisdictionary (Buy Now)
Stay informed with Lawmen E-letter (Subscribe Free Now)
Donate to my Law Scholarship Fund.

Phone App
reads tag

No comments: