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Irwin Law
Irwin Law, Attorney
Category: Legal
Satisfied Customers: 7151
Experience:  Lawyer & Real Estate Broker, 30+ years, foreclosure, land contracts, inheritance, probate.
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GOOD MRONING, I WAS WONDERING IF I COULD GET SOME DVICE ON

Customer Question

GOOD MRONING, I WAS WONDERING IF I COULD GET SOME DVICE ON HOW TO STOP AN UNLAWFUL DETAINER.
Submitted: 1 year ago.
Category: Legal
Expert:  Irwin Law replied 1 year ago.

Is this a landlord-tenant situation? What are some of the basic reasons why you wish to stop it now?

Customer: replied 1 year ago.
HELLO; NO, THERE IS NO TENANT RELATIONSHIP. I BELIEVE I AM THE TITLE HOLDER AND HAVE PAID 100% OF THE MORTGAGE. BEFORE YOU APPLY ALL THE DAMAGES AND RESPA AND TILA VIOLATIONS. I BOUGHT THIS HOUSE WITH A WRITTEN CONTRACT FOR $325k, AND WAS CHARGED $100k EXTRA WHEN THE REAL ESTATE BROKER ACCUSED ME OF ELDER ABUSE AND REAPPRAISED THE PROPERTY AN EXTRA $100 GRAND WHEN WE SIGNED THE PURCHASE AGREEMENT (4/5/2005), AND I FOUND THE VIOLATION AND ADDRESSED IT TO THE SERVICER OF THE NOTE (HSBC), FOR SEVEN YEARS UNTIL THEY SOLD THE ACCOUNT TO CALIBER HOMELOANS (1/14/2104), UNTIL THEY SOLD THE NOTE TO US BANK TRUST (6/10/2014), WHO THEN STARTED TO EVICT. ALL THREE WERE NOTIFIED OF THE ERROR AND NO ONE RESPONDED. DOES THAT CLEAR IT UP?
THANK YOU, *****
Expert:  Irwin Law replied 1 year ago.
Hello Charles. Thanks for your quick response. Unfortunately, I don't have much in the way of positive information for you. Apparently your mortgage was foreclosed and you lost title to the home. The bank or the successor owner, pursuant to the foreclosure sale is now trying to obtain possession of the property by bringing an action for unlawful detainer. I'm afraid that once the court action, or trustee sale was held and not objected to through court, there would be no way to stop the eviction process. Any defenses that you might have had against foreclosure which were based upon the original loan should have been raised as a defense to the foreclosure itself. If not, then such defenses have been waived. I'm sorry to have to be the bearer of such negative information, but if I told you anything else it would be giving you false hope of being able to remain in the home.
I hope that this information is helpful and that you will enter a positive rating. That is the only way I will be compensated for assisting you. Bonuses are appreciated too. I will be happy to answer follow-up questions which relate to this one. Also, since we are not acting as your attorney be sure to confirm our information with a local attorney. Thanks for choosing JUST ANSWER.
Customer: replied 1 year ago.
HELLO; AFTER READING REG Z OF TILA, IT APPEARS THAT THE 53 WRITTEN NOTIFICATIONS I SENT HSBC, CALIBER HOME LOANS, AND US BANK ALL DOCUMENT THE DEFAULT THEY CREATED BY NOT RESPONDING TO MY CITATIONS OF THE RESPA AND TILA REG VIOLATIONS. SO I STARTED CLOSING THE LETTERS WITH THE ASSUMPTION THEY AGREE WITH ME, AND THAT IS WHY THEY DO NOT RESPOND, OR THE FACT THAT THEY DID NOT TAKE ANY ACTION FROM 8/2008 (WHEN I STOPPED PAYING THE MORTG), TO 6/10/2014 WHEN THEY SOLD THE NOTE TO US BANK. IT APPEARS THAT I NOTIFIED THEM OF THEIR DEFAULT FOR SEVEN YEARS (ALL SERVICERS), AND AGAIN IN THE SUMMARY JUDGEMENT FOR THE UD WHICH I HAVE APPEALED ALL IDENTIFYING THIS PROBLEM. THE CITATIONS ALONE EXCEED THE PRINCIPAL OWED, THE DAMAGES EQUAL $1.8 MILLION, AND THERE IS MY HEALTH. IT WOULD APPEAR THAT I COULD FILE WITHIN THE THREE YEAR LIMIT A RECISSION CLAIM FOR TILA REG Z. FOR I HAVE ADDRESSED IT TO THE SERVICER, THE FORECLOSURE, THE UD COURT, AND THE APPELLANT COURT I AM IN NOW. I OVERPAID THE NOTE $110K BY THE 41st MONTH (WITH INTEREST EARNED MAKES ALL THE PAYMENTS FOR 30 YEARS), IS THERE NOT AN OPPORTUNITY THERE? THANK YOU, ***** *****
Expert:  Irwin Law replied 1 year ago.
IS THERE NOT AN OPPORTUNITY THERE? Not that I can see. I'll opt out to open the question up to others. Good luck, Charles.