Have any of you hired/completed a forensic audit?

[Tom_Mi]

I just got my NOD. My house is IIB (CH7) not reaffirmed. We will move, but we're trying to delay foreclosure beyond the usual 10 months, to rebuild our lost savings.

Michigan sucks. It's "deficiency" status is how the banks pushed me to CH7, and it's "foreclosure by advertisement" status helps them whisk away the home with no consumer defense. I'm really hating life right now.

I'm considering hiring one of these audit companies to help determine if my note is lost, or some other problem exists. Have any of you done this with any success?

[awayalways]

You have an automatic 6 months redemption period after the lender finishes foreclosure per Michigan foreclosure law. If you need more time than that rent free, compare your mortgage contract line by line and look for any differences with what written in the summons then answer the summons with those differences as defenses. Just because you surrendered your home in BK doesnt necessarily mean lender XXX has an automatic right to foreclosue on your property. Let them prove it.

FYI, I had an investment property in Michigan that foreclosed. The whole process took 15 months and that was without me even responding to the summons.

[UpsideDownMI]

Write your lender a letter demanding that they prove that have the right to foreclose via public notice. Tell them that you believe that they are required to use the judicial process instead and that you request for them to prove otherwise. Also dispute anything else you can come up with, such as the amount needed for redemption, etc.

I did this with a rental property and it took them over 6 months to provide evidence that the mortgage note contained a power of sale clause. In the mean time they cancelled the sheriffs sale, and I got more time to figure out my options. Now, I am surrending the property in my bk.

[Tom_Mi]

Write your lender a letter demanding that they prove that have the right to foreclose via public notice. Tell them that you believe that they are required to use the judicial process instead and that you request for them to prove otherwise. Also dispute anything else you can come up with, such as the amount needed for redemption, etc.

I did this with a rental property and it took them over 6 months to provide evidence that the mortgage note contained a power of sale clause. In the mean time they cancelled the sheriffs sale, and I got more time to figure out my options. Now, I am surrending the property in my bk.

Thx for the thoughts. I lost 3 apt buildings, included them in my CH7. My bankruptcy was to avoid about 300k in deficiencies the banks were threatening. I also included my house, and my mission now is to just delay the foreclosure and save bucks.

Since you're from MI I have a number of things to bounce off you if you don't mind.

1- How does "asking the bank for judicial foreclosure" get you one? My bank is a bunch of jerks. They'd just shred my letter and continue via advertisement, I think.


2- I've been looking for an attorney willing to challenge them, because I don't know the proper moment to legally intervene. I've been thinking that I'd have to actually SUE them (and pay $$$) at the time of sherriff sale to get this going. See my next point for more on that.



3- I had an idea 2 days ago. Since I'm on Pacer, I've been scanning michigan's civil dockets (case type 220 = foreclosure) for any people trying the "produce the note" (henceforth called "PTN") stuff. In the western district I see only 4 cases filed this year and none of them are PTN cases.

The Eastern district has about 3 dozen foreclosure cases filed this year, but I haven't found a cut-and-dried PTN case that actually worked. I've found 2 that were Pro-Se and dismissed because the plaintiff's paperwork was unprofessional, and frankly they were weirdos. I've found a couple that were dismissed due to jurisdiction (filed in county court vs state or federal). And... I've found one I think I'll pursue a little closer, but the atty is in detroit and I'm 100 miles away.