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filing an emergency federal injunction against a foreclosure ts-sale

Discussion in 'Foreclosure, Repossession, Auctions, Short Sales' started by communiversity, Dec 2, 2008.

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  1. communiversity

    communiversity Law Topic Starter New Member

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    My jurisdiction is: california

    I am 84-years old, and have spent the last several years requiring full time medical care.
    I now stand to lose my home due to multiple elder financial fraud , predatory lending fraud and illegal title fraud actions taken on my home without my knowledge or consent.

    Due to a recent unanticipated increase in my monthly mortgage payments, my bills suddenly substantially exceed my income. For this reason I had no available funds to pay a qualified attorney or even a BK preparation service, and due to title fraud do not qualify for a loan.

    using a BK help site, I have obtained an emergency stay against the planned, November TS-sale of my home, by proposing a chapter 13 BK remedy to the federal court. My meeting of creditors, is set for December 13, 2008. I have consulted well over 30 attorneys to date. All the predatory lending experts claim the odds of winning my case are quite promising. Unfortunately the only attorneys who will consider taking my case on contingency want 40-60% of any potential recovery, and a lien on my home to garantee the payment. I have also been told that the notary and loan broker violations are so extensive and overt that all the attorney's fees will be eventually be covered by the lender and notary bonds and brokers insurace, but nevertheless, It seems as if, like at the end of the deal, the predatory lending attorney will replace my current lienholder, and force the sale of my home. I am a victem of elder abuse and loan fraud and do not deserve to loose my home of 55 years.

    A HUD housing councelor has suggested that it would be preferrable dismiss my current chapter 13 action, and instead request an advisory proceedings review, on the basis of fraud, from the federal court. For this reason, I hope to get legal advice on how to request an advisory proceedings, in pro per, in order to have a chance to save my home and present my loan fraud isssues to the federal court. thank you in advance for any advice you can give me, and for your consideration of my problem.

    from carlsbad CA.

    my email address is [email protected]

    951 968 5702

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