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Fraudulent Foreclosure Defense Steps
Summary
In Florida, a quitclaim deed doesnt prevent foreclosure, even without a mortgage. Foreclosure can occur due to unpaid taxes or fees. Robo-signing involves mass-producing documents without proper review, which can be challenged in court. Verify the legitimacy of a mortgage trust by checking state and federal registrations. If a trust was created in 2005 but recorded in 2016, it is generally legal. To address a fraudulent assignment, consider filing a quiet title lawsuit using a letter from Wells Fargo as evidence. Consult with a real estate attorney for personalized advice and explore options like contacting the county recorders office or submitting a sworn statement to remove erroneous records.Full Conversation
Orlando fl
I'm sorry to hear about your situation. Here are some general points regarding foreclosure and quitclaim deeds in Florida:
- A quitclaim deed transfers ownership without guaranteeing the title is clear.
- Transferring property via quitclaim deed doesn't stop foreclosure.
- You may still be liable for the mortgage.
Consider consulting an attorney for personalized advice.
- A quitclaim deed transfers ownership without guaranteeing the title is clear.
- Transferring property via quitclaim deed doesn't stop foreclosure.
- You may still be liable for the mortgage.
Consider consulting an attorney for personalized advice.
But there is no mortgage on the property
Thank you for the additional information. Here are some key points to consider:
- **Foreclosure Without Mortgage**: In Florida, a property can still face foreclosure for reasons other than mortgage default, such as unpaid property taxes or homeowners association (HOA) fees.
- **Quitclaim Deed**: This transfer does not absolve any existing liabilities related to the property.
Would you like more details on the specific type of foreclosure you're facing?
- **Foreclosure Without Mortgage**: In Florida, a property can still face foreclosure for reasons other than mortgage default, such as unpaid property taxes or homeowners association (HOA) fees.
- **Quitclaim Deed**: This transfer does not absolve any existing liabilities related to the property.
Would you like more details on the specific type of foreclosure you're facing?
Robo signed assignment
Thank you for the information. Here are some general points regarding robo-signed assignments in Florida:
- **Robo-Signing**: It involves mass-producing foreclosure documents without proper review.
- **Defenses**: You can challenge the foreclosure in court by proving the robo-signing.
- **Legal Consultation**: It’s crucial to consult with a foreclosure attorney.
Would you like information on the nearest court or legal aid services?
- **Robo-Signing**: It involves mass-producing foreclosure documents without proper review.
- **Defenses**: You can challenge the foreclosure in court by proving the robo-signing.
- **Legal Consultation**: It’s crucial to consult with a foreclosure attorney.
Would you like information on the nearest court or legal aid services?
I have done all that
I'm sorry to hear you're still facing challenges. Here are some additional steps you might consider:
- **Document Everything**: Keep all records and communications regarding the foreclosure and robo-signing.
- **File a Complaint**: Consider filing a complaint with the Florida Attorney General’s Office.
Would you like more information on how to file a complaint?
- **Document Everything**: Keep all records and communications regarding the foreclosure and robo-signing.
- **File a Complaint**: Consider filing a complaint with the Florida Attorney General’s Office.
Would you like more information on how to file a complaint?
How to prove the robo signing mortgage assignment
To prove a robo-signed mortgage assignment in Florida, consider these steps:
- **Review Documents**: Look for inconsistencies or signs of mass production in the assignment documents.
- **Depose the Signer**: Request a deposition to question the signer about their signing practices.
- **Expert Witness**: Hire a forensic document examiner to analyze the documents.
Would you like more details on any of these steps?
- **Review Documents**: Look for inconsistencies or signs of mass production in the assignment documents.
- **Depose the Signer**: Request a deposition to question the signer about their signing practices.
- **Expert Witness**: Hire a forensic document examiner to analyze the documents.
Would you like more details on any of these steps?
The assignment does not have legal description or address of my property
I'm sorry to hear about your situation. Here are some general points regarding assignments without legal descriptions or addresses in Florida:
- **Invalid Assignment**: An assignment lacking a legal description or address may be considered incomplete or invalid.
- **Challenge in Court**: You can present this issue in court as part of your defense against foreclosure.
Would you like more details on how to challenge this in court?
- **Invalid Assignment**: An assignment lacking a legal description or address may be considered incomplete or invalid.
- **Challenge in Court**: You can present this issue in court as part of your defense against foreclosure.
Would you like more details on how to challenge this in court?
I have
I'm here to help you with your legal issue. Could you please provide more details about your situation or clarify what specific assistance you need next?
How to
I'm here to assist you. Could you please clarify what specific information or assistance you need next? This will help me provide you with the most relevant guidance.
Now they saying is in a mortgage trust and the trust is foreclosing
I'm sorry to hear about your ongoing issues. Here are some general points regarding mortgage trusts and foreclosure in Florida:
- **Mortgage Trusts**: These are entities that hold and manage mortgage loans, often through securitization.
- **Foreclosure by Trust**: The trust can initiate foreclosure if the property is in default for reasons defined in the trust's terms.
Would you like more details on how to challenge a foreclosure initiated by a mortgage trust?
- **Mortgage Trusts**: These are entities that hold and manage mortgage loans, often through securitization.
- **Foreclosure by Trust**: The trust can initiate foreclosure if the property is in default for reasons defined in the trust's terms.
Would you like more details on how to challenge a foreclosure initiated by a mortgage trust?
There is no mortgage
I'm sorry about the confusion you're experiencing. Here are some general points to consider regarding foreclosure by a mortgage trust with no mortgage in Florida:
- **Verification**: Ensure that the trust's claim of foreclosure is valid and substantiated.
- **Proof of Ownership**: Check if the trust can provide proper documentation linking it to your property.
- **Legal Consultation**: It’s crucial to consult with a foreclosure attorney.
Would you like more details on any of these points?
- **Verification**: Ensure that the trust's claim of foreclosure is valid and substantiated.
- **Proof of Ownership**: Check if the trust can provide proper documentation linking it to your property.
- **Legal Consultation**: It’s crucial to consult with a foreclosure attorney.
Would you like more details on any of these points?
How to find out if the trust is legitimate
To determine if the trust is legitimate in Florida, consider these steps:
- **Review Trust Documents**: Obtain and review the trust documents for legitimacy and accuracy.
- **Check Registration**: Verify if the trust is registered with state or federal authorities.
- **Legal Consultation**: Consult an attorney to review the legitimacy of the trust.
Would you like more details on how to verify the trust's registration?
- **Review Trust Documents**: Obtain and review the trust documents for legitimacy and accuracy.
- **Check Registration**: Verify if the trust is registered with state or federal authorities.
- **Legal Consultation**: Consult an attorney to review the legitimacy of the trust.
Would you like more details on how to verify the trust's registration?
Yes
To verify a trust's registration in Florida, consider these steps:
- **State Registration**: Check with the Florida Department of State for trust registration details.
- **Federal Registration**: Verify if the trust is registered with applicable federal authorities.
- **Legal Consultation**: Consult an attorney to assist with the verification process.
Would you like more details on how to contact the Florida Department of State?
- **State Registration**: Check with the Florida Department of State for trust registration details.
- **Federal Registration**: Verify if the trust is registered with applicable federal authorities.
- **Legal Consultation**: Consult an attorney to assist with the verification process.
Would you like more details on how to contact the Florida Department of State?
The trust is recorded in Nevada
To verify a trust's registration in Nevada, consider these steps:
- **State Registration**: Check with the Nevada Secretary of State for trust registration details.
- **Federal Registration**: Verify if the trust is registered with applicable federal authorities.
- **Legal Consultation**: Consult an attorney to assist with the verification process.
Would you like more details on how to contact the Nevada Secretary of State?
- **State Registration**: Check with the Nevada Secretary of State for trust registration details.
- **Federal Registration**: Verify if the trust is registered with applicable federal authorities.
- **Legal Consultation**: Consult an attorney to assist with the verification process.
Would you like more details on how to contact the Nevada Secretary of State?
What else l can do
I'm here to help. Here are some additional steps to consider:
- **File a Complaint**: Consider filing a complaint with the Nevada Secretary of State if you find discrepancies.
- **Court Action**: You may file a motion in court to challenge the validity of the trust based on your findings.
- **Consult an Attorney**: Get personalized advice from a foreclosure attorney.
Would you like more details on any of these steps?
- **File a Complaint**: Consider filing a complaint with the Nevada Secretary of State if you find discrepancies.
- **Court Action**: You may file a motion in court to challenge the validity of the trust based on your findings.
- **Consult an Attorney**: Get personalized advice from a foreclosure attorney.
Would you like more details on any of these steps?
The trust is * AR * what does it mean
To understand "* AR *" related to a trust, consider these points:
- *****: Likely indicates the year the trust was created or securitized.
- **AR ***: Could be a specific series or tranche within the trust.
Would you like more details on how to research this specific trust?
- *****: Likely indicates the year the trust was created or securitized.
- **AR ***: Could be a specific series or tranche within the trust.
Would you like more details on how to research this specific trust?
The recording was *
Thank you for the information. To help you better understand the trust and its implications, please consider these steps:
- **Research the Trust**: Look up the trust "* AR *" and its details, including its formation and any related documentation.
- **Legal Consultation**: Consult an attorney to review the trust and its impact on your property.
Would you like more details on how to research this trust?
- **Research the Trust**: Look up the trust "* AR *" and its details, including its formation and any related documentation.
- **Legal Consultation**: Consult an attorney to review the trust and its impact on your property.
Would you like more details on how to research this trust?
Yes
To research the trust "* AR *," consider these steps:
- **SEC Filings**: Check the U.S. Securities and Exchange Commission (SEC) website for filings related to the trust.
- **Trust Documents**: Obtain and review the trust prospectus and pool servicing agreements.
- **Legal Consultation**: Consult with an attorney for detailed analysis.
Would you like more details on any of these steps?
- **SEC Filings**: Check the U.S. Securities and Exchange Commission (SEC) website for filings related to the trust.
- **Trust Documents**: Obtain and review the trust prospectus and pool servicing agreements.
- **Legal Consultation**: Consult with an attorney for detailed analysis.
Would you like more details on any of these steps?
If the trust was created in * and recorded * is that legal
In general, it is legal for a trust created in * to be recorded in *. Here are some key points:
- **Trust Creation and Recording**: Trusts can be created and recorded at different times.
- **Legality**: The timing of recording does not necessarily affect the trust's legality.
Would you like more details on trust creation and recording?
- **Trust Creation and Recording**: Trusts can be created and recorded at different times.
- **Legality**: The timing of recording does not necessarily affect the trust's legality.
Would you like more details on trust creation and recording?
.
I'm here to help. Could you please clarify what specific information or assistance you need next regarding the trust and your property situation?
Title search shows only the fraudulent assignment and no mortgage can l get title insurance if I sold the property
I'm sorry to hear about your situation. Here are some general points regarding title insurance in Florida:
- **Title Insurance**: It protects against losses due to title defects.
- **Fraudulent Assignment**: Title insurers may hesitate to issue a policy if there's a known fraudulent assignment.
- **Legal Consultation**: Consult an attorney to address the fraudulent assignment before selling.
Would you like more details on how to address the fraudulent assignment?
- **Title Insurance**: It protects against losses due to title defects.
- **Fraudulent Assignment**: Title insurers may hesitate to issue a policy if there's a known fraudulent assignment.
- **Legal Consultation**: Consult an attorney to address the fraudulent assignment before selling.
Would you like more details on how to address the fraudulent assignment?
I do have a letter from Wells Fargo confirming l don’t have a loan and they are not foreclosing on my property is that good enough
It's good that you have the letter from Wells Fargo. Here are some key points to consider:
- **Documentation**: Keep the letter safe as it confirms you have no loan with Wells Fargo.
- **Fraudulent Assignment**: Continue to address the fraudulent assignment issue.
- **Consult an Attorney**: They can help ensure your title is clear for insurance and sale purposes.
Would you like more details on how to address the fraudulent assignment?
- **Documentation**: Keep the letter safe as it confirms you have no loan with Wells Fargo.
- **Fraudulent Assignment**: Continue to address the fraudulent assignment issue.
- **Consult an Attorney**: They can help ensure your title is clear for insurance and sale purposes.
Would you like more details on how to address the fraudulent assignment?
.
I'm here to help. Could you please clarify what specific information or assistance you need next regarding your property situation?
Yes
I'm here to assist you. Could you please clarify what specific information or assistance you need next regarding your property situation?
.
It seems you're seeking more information on addressing the fraudulent assignment. Here are some steps you can take:
- **Legal Action**: File a lawsuit to remove the fraudulent assignment from your title.
- **Title Insurance**: Consult with a title insurance company about your situation.
- **Attorney**: Work with a real estate attorney to clear your title.
Would you like more details on any of these steps?
- **Legal Action**: File a lawsuit to remove the fraudulent assignment from your title.
- **Title Insurance**: Consult with a title insurance company about your situation.
- **Attorney**: Work with a real estate attorney to clear your title.
Would you like more details on any of these steps?
If the bank is saying l don’t have a loan nor they are foreclosing on my property and I have the letter stating that can I use that to remove it from my title
Here's what you can do with the letter from Wells Fargo:
- **Court Action**: File a quiet title lawsuit in Florida to remove the fraudulent assignment using the letter as evidence.
- **Legal Consultation**: Consult with a real estate attorney to assist with the legal process.
Would you like more details on filing a quiet title lawsuit?
- **Court Action**: File a quiet title lawsuit in Florida to remove the fraudulent assignment using the letter as evidence.
- **Legal Consultation**: Consult with a real estate attorney to assist with the legal process.
Would you like more details on filing a quiet title lawsuit?
Any other way to remove it
To remove the fraudulent assignment, consider these steps:
- **Contact the County Recorder's Office**: Request their guidance on removing erroneous records.
- **Submit a Sworn Statement**: Provide a notarized statement declaring the assignment fraudulent, supported by Wells Fargo’s letter.
- **Legal Consultation**: Consult with an attorney for additional methods.
Would you like more details on any of these steps?
- **Contact the County Recorder's Office**: Request their guidance on removing erroneous records.
- **Submit a Sworn Statement**: Provide a notarized statement declaring the assignment fraudulent, supported by Wells Fargo’s letter.
- **Legal Consultation**: Consult with an attorney for additional methods.
Would you like more details on any of these steps?
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