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Archive for November, 2010

Judicial Prejudice In Arizona

November 3rd, 2010 Comments off

On October 15th, 2010, unbeknownst to the American Public, the 1st Amendment of the U.S. Constitution, (freedom of speech), along with other rights, were violated by Judge Karen Potts of Arizona, causing financial damage to homeowners throughout the US. A former supporter of Habitat for Humanity and other organizations for fair treatment of defendants, Potts operated outside her judicial authority by supporting mortgage fraud, and aided and abetted in grand theft of the American dream.

Everyone in the US knows what has happened in the mortgage system, first it was the recession caused by uninsured subprime mortgages and now due to mortgage fraud – foreclosures are being frozen by lenders – everyone knows this – except for Judge Potts. Here’s what happened:

On that fateful day, Potts threw the legal Mexican American immigrant family of Isai C. and Rosa M. Garcia and their children into the streets, despite a challenge to the Eviction and mortgage and foreclosure process filed in her own courthouse.

In this first Arizona Eviction jury trial, Judge Potts refused to allow a jury of peers. All Hispanic jury applicants were tossed out, a highly intelligent European immigrant who spoke four languages as well, eliminated. A jury of equals to her meant 1 white man and the rest were white women, no equals. One of the women had a relationship to an Eviction company. This was a jury of peers in her Judge Potts eyes. Yes, justice is blind.

Rumor has it that in pretrial, questions to be asked were discussed between Potts, the Plaintiff Attorney Hebert and Defense Attorney Loeb, but no defendant questions were permitted by Potts. Interestingly enough, in this case there was NO plaintiff to be questioned by defense council, none appeared in court – only plaintiff’s attorney (plaintiff was US government, Freddie Mac) and a process server. All 59 questions of defense attorney were all denied by Potts. Judge Potts limited questions and evidence, making it difficult for Attorney Loeb to present a case.

What wasn’t permitted in court was critical: In August 2005, there was an illegal trade of the property through MERS to another investor, and a Servicer, no legal transfer of documents between banks and beneficiaries, no notifications. By using illegal notary transactions by secretaries of the Foreclosing Trustee, and others notarizing each other’s signature they created an illegal transfer. These illegal ‘Robo Signers’ are part of what was determined weeks ago to be illegal. Still Potts allowed forged documents, not even mailed by certified mail, to be used to foreclose. The Federal government has frowned on it – but Judge Potts, refused to support fairness and participated in the foreclosure fraud by not allowing it to be questioned in this case.

Of course, Robo Signing, forgery, fraud were never brought up, the jury was not permitted to hear a single word about it. Potts protected the former administration’s home mortgage fraud and permitted no evidence on record for the defendant. Her constant threats of admonishment and possible jail time to the defendant’s attorney (for not laying down and playing dead) was more her style. Perhaps, justice needs to be mute.

The Jury was judicially swayed in favor of the Plaintiff by Potts’ direct instruction to them to find the Plaintiff was the legal owner of the property, even though it acquired Title illegally. This deserves removal from the bench. The court reporter laughed and giggled as the Judge yelled at the Defense Attorney.

The entire American Dream is collapsing due to the former administration and its non-regulatory stance on the housing and home mortgage industry. Over 100,000 mortgages are currently in review, and over 85 million more homes are at risk right now.

Judge Potts, herself, just violated judicial code and didn’t allow a fair trial. She allowed abuse of judicial discretion and created a biased hearing prejudiced in favor of Freddie Mac. It appeared that she didn’t know how to run a jury trial. She constantly was jumping on and admonishing the defense attorney, not permitting questions or witnesses – she was stomping on the civil rights of the defendants and all U.S. citizens. She should be subjected to Judicial Review for not allowing evidence, and taken off the bench.

A review of the transcript of this trial absolutely will remove anyone’s doubts. And in the meantime, a family is set to be homeless at Judge Potts’ wrongful instructions to the jury. The 911 attack took away many civil rights of American Citizens. Judge Potts just took away the rest – is there any American Citizens willing to fight for the American Dream?

From notes taken from Case # CV2010-090145 (Maricopa County, Arizona) 10/14-15/2010 Reported by John W. of ChallengeYourLender.com a firm who instructs homeowners on the rights and how to challenge mortgage fraud.

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Advice On Picking A Real Estate Agent

November 2nd, 2010 Comments off

The best agent is not at all times the only one with the most sales under his / her belt, or the most years on the job. The right representative is an individual that listens to you personally, is straightforward to get along with, and has the know how and skills to handle your unique situation.

Every home buyer is special. Some have credit issues. Some are purchasing from out of state. Some need help selling their current home together with buying a new one. In the same way buyers have different needs, real estate professionals have different skills and specialties.

Here’s ensuring you get the agent who’s meets your needs:

1. Ask friends and family for agent recommendations. Nobody knows you as well as your relatives and buddies do. So they’re often within the best position to recommend a Realtor who is well-suited to meet your needs. You can even trust a referral from friends or family more than one that comes from a unknown person.

2. Consult multiple agents.One time i saw a statistic that 84% of home buyers select the first agent they make contact with. It indicates 1 of 2 things. Either most people are choosing wisely the very first time, or they’re just rushing into things without research. Probably a little of both.You don’t need to exhaust yourself interviewing agent after agent, but at least talk with a couple of to find out who you’re most comfortable with (which leads to another point).

3. Consider the vibe factor. Professional expertise is an important criterion when choosing a real estate agent. But interpersonal skills are equally important. After all, you’ll be working with this person anywhere from 2 to 12 months, so it helps to get along with them. We all have unique personalities, and that’s the way it should be. But when working with someone professionally, if helps if their personality “meshes” well with your own.

4. Ask how they hunt. When choosing a real estate agent, ask how they hunt for homes. Some agents have their unique preferred listings that they favor. But you want what’s best for you, not what’s best for the agent. You’re paying them, right? So guarantee the agent is willing to search everywhere to discover the best home for you. That features using the Multiple Listing Service (MLS) as well as their own personal network.

5. Read paperwork very carefully. This advice is heavily used for a reason. It’s important that you examine all documents through the home buying process, such as your agent agreement. At some point throughout the relationship, your agent will probably ask you to sign a Realtor agreement. Basically, it just ensures that if the agent shows you a specific property, your purchase of the property needs to be credited to that agent. In most cases it’s a simple, be sure that you read it carefully and ask questions.

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Creating A Short Sale Package

November 2nd, 2010 Comments off

If you are starting to invest in real estate, short sales may be a good place to start. The development of the short sale package is normally basic. After agreeing on an suitable price with the property owner, you have got to design your package so that the loss mitigation officer at the bank fully understands the trade off between accepting and rejecting your short sale purchase offer. As the bank makes the final decision on the deal, you should be in contact with their loss alleviation department immediately.

As you get started down the road, find out from the property owner who currently holds the note on the mortgage. As of the way mortgage notes have been handled over the last few years, finding the actual note holder may be more of a challenge. Regardless, in order for the deal to go through, you will need to be in contact with the owner of the mortgage.

Get in contact with the bank who controls the mortgage and determine who would be responsible for allowing the deal to go through. This is typically a loss alleviation officer. Determine what information the bank will need in order to make a decision on the short sale package.

After discussing the short sale process with the loss mitigation officer, start building your short sale package. As this is a short sale, you will need to give sufficient proof that the home is not worth what is currently owed on the mortgage. With the help of the property owner photograph and document any areas that need repair. Bring in a contract to provide an estimate of the costs to make the repairs. Get a true market appraisal from a certified appraiser for the property as well. This data, as well as letters of hardship from the property owner need to go into the short sale package

Once the package is completed, submit it to the lender for review. Depending on a number of factors, the lender may accept or reject your offer. If you have created a thorough short sale proposal and your offer is sound, the bank should accept your offer. If they don’t, simply change your offer and submit it again.

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Foreclosed Homes – It’s A Numbers Game

November 1st, 2010 Comments off

Due to the high level of competition in the real estate market, it is actually very difficult to find foreclosure properties. There are many means for doing so now, but it’s important to be the first person to actually get to these homes. Some of the ways for finding a foreclosure are the internet, physical mail, friends and relatives, trade groups, seminars, and in the good old fashioned newspaper. I will walk you through a number of these areas methods in this article, but as we go through them, remember that you should never rely on any one single method. These methods are presented to you with the intention of having you build out your toolbox, so that dependent on the situation, you can easily adapt and become creative.

While many people do not subscribe to the newspaper anymore, if you’re in the foreclosure game, it’s imperative that you do so. The reason for this is because the government requires, by law, that homes that go into foreclosure are published into the newspaper. It’s an outdated law, but you can use this to your advantage. Simply get a hold of the newspaper, scan for these notices, and then contact the publisher of them by email or phone. You can also do this yourself by publishing your own ad. State that you are a purchaser of foreclosed, distressed, and REO properties, and you may get a few bites.

Another fantastic method for finding distressed properties is to send out bulk mail to entire neighborhoods. By doing so, you are hoping that someone who is in pre-foreclosure will see this mail and contact you about their property. This is an excellent method, since you are helping the person to avoid foreclosure, while putting yourself in a great position for negotiating a low purchase price on the house. You also avoid the mobs of competition that will arise once a public notice of foreclosure is posted in the paper.

If you have a good relationship with local realtors, they can also be a great source of leads for finding these types of distressed homes. Realtors often represent banks who end up with foreclosure properties, and their job is to unload them. Lending is what banks do best, and so they often contract this work out to a real estate agent. Agents generally have good connections and can get a list of bank-owned properties for you to go through.

Last but not least, don’t forget to network with everyone you meet. Be sure to let every person you come in contact with that you are looking to purchased foreclosure properties. You never know when someone you meet will introduce you to the next hot lead, or the next big purchase that you can flip. I recommend that you make business cards to give away to people, which will have your contact information, and a simple statement that says “I purchased Foreclosed Homes!” This will quickly grab people’s attention, and with any luck, you’ll have yourself a few additional properties per month to purchase.

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Colorado Real Estate: Does It Rock?

November 1st, 2010 1 comment

We know that Colorado is known for Rocky Mountains. But does the Colorado real estate rock as well? Though Colorado real estate doesn’t rock that much, as per the statistics ( when we compare Colorado real estate to others like Florida real estate or California real estate).

However, you will find individuals with contrarily opinions too. And trust me, contrarily views do sometimes get huge profits for you personally, because in such circumstances you’ll generally face lesser competition from other property investors and you will probably get yourself a Colorado real estate piece for much lesser than it is worth. However, we are not stating that Colorado real estate market has done poorly.

Though I don’t remember the exact statistics but Colorado real estate appreciation was about 5-7% only which is much lower than 25% or so for Florida real estate. Again, when we say 5-7% appreciation in Colorado real estate, we are talking about the state in general. So, it’s quite possible that there be regions in the state where the real estate appreciation is say 25% and there could be places where there has been no appreciation in real estate.

The opportunity is always there, one and only thing you will need is the ability of picking out the Golden deal in this Colorado market.

When assessing Colorado real estate you must take into consideration various factors e.g. you must assess the overall economic indicators and check what effect it can have on Colorado real estate (both in the near term and in the longer term).

Its not necessary to become a financial analyst or a real estate guru for carrying this out evaluation, you simply need to keep an eye on numerous news items and analysis reports on Colorado real estate. Also keep an eye on the mortgage rates and laws on regulations (as applicable to Colorado real estate). Each one of these factors influence the popularity of real estate anywhere (not in just Colorado).

Moreover, you will need to hunt for Colorado real estate opportunities by going to public auctions, foreclosures, teaming up with attorneys for information etc. Again, remember that a not-so-good news about any real estate (be it Colorado real estate or Florida real estate), doesn’t mean that real estate investment won’t make sense at that place; in fact, it might cut down the number of competitors you have.So, if you feel that Colorado real estate doesn’t rock; you can probably make it rock for you. There always are plenty of opportunities.

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