Foreclosure Pro Se.com

I have heard so many horror stories concerning loan modification deception tactics. Here how it works.

The pretender lender file a foreclosure lawsuit. If the homeowner fight back in court, the pretender lender will offer a loan modification. In reality, their offer is done in bad faith. They will assure the homeowner not to worry, that they will stop the foreclosure proceeding. The homeowner believes them and put his guard down. Behind the scene, they move forward with the foreclosure. Before he figures out what is happening, a summary judgment has been entered and a sale date is set.

Do not fall for it! Never trust anything they say.

SunTrust Mortgage cancelled the foreclosure sale after I filed my temporary restraining order in Georgia state court. Even though the court did not grant me the TRO, the lawsuit forced SunTrust Mortgage to stop its illegal sale.

A motion to dismiss is a request to the court to dismiss the foreclosure case filed against you. You are asking the court for a knockout victory. It is equivalent to the motion for summary judgment filed by the plaintiff. It is important to understand that these motions are rarely granted to the plaintiff or the defendant. If your motion to dismiss is denied, don’t be discouraged; the war is not over yet, you’re just getting warmed up. File another motion to dismiss based on some other defense.



Yesterday I filed my quiet title action in court here in Florida. The original lender is out of business and the mortgage has not been assigned to anyone according to county public record. If I am successful, I should win by default and the mortgage will be extinguished. The link between the note and the mortgage will be severed, leaving an insecured debt. We will see in 20 days.

I am currently defending a foreclosure case in Georgia. SunTrust Mortgage sent a notice of default and sent the case to an attorney to sell my property first Tuesday of the month, as it is done in Georgia. Georgia is a non-judicial state; based on the power of the sale clause in the mortgage document, the trustee can sale the property without going to court.
When I received the notice, I immediately sent a Debt Validation Letter to the foreclosing law firm. I also file a request for emergency injunction.  SunTrust Mortgage was served with the Rule Nisi.
I called the judicial assistant to set up a hearing.  At the hearing the defendant (SunTrust Mortgage) did not show up; however the judge wrongfully acted as their advocate. The degree of bias was palpable.  I explained that STM does not own the note or deed of trust.  It was as if I was talking to a wall. The judge dared to say that banks are never wrong. I couldn’t believe such an outrageous comment could be coming from a seating judge. I plan on appealing.