A BOE is simply an order from a creditor to a debtor to make good on the amount they owe. It is NOT what has been mentioned here.
dig a little deeper my fellow knife nut.
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for all you trying to stop a forclosure, some of my American friends have been hammering the banks with these:
STOPPING FORECLOSURES & LOAN MODIFICATIONS
By Darren Michaels, Private Attorney General
www.homesteadservicesflorida.com
http://haltingforeclosure.blogspot.com/
We have been assisting homeowners by stalling foreclosure with a a
"verification of debt" in demanding for their "alleged" lender to produce
the original mortgage paperwork.
During the real estate boom, many mortgages were sold and resold, bundled
into securities and peddled to investors - often leaving the original note
signed by the homeowner lost, stored in a distant warehouse or even
destroyed. It is known as "Proof of claim" a.k.a. evidence.
If your lender cannot produce "proof of claim" then they do not have any
legal standing or jurisdiction to foreclosure or to even collect a mortgage
payment.
We are using three basic steps:
1. Temporary Restraining order - stops the foreclosure
2. Petition for Discovery (proof of claim) and if not produce
3. Counter-claim for fraud, civil RICO, deceptive business practices,
fraudulent presentments, counterfeit security fraud, mail fraud, etc.
Please note:
Even if you are not delinquent or not in a foreclosure status, you can still
using a "verification of debt" against your lender to validate if they still
possess the actual note. Most lenders do not! and do not answer the
"verification of debt" or what is know as estoppel by acquiescence which
means "I say nothing" - the U.S. Supreme Court has ruled in many cases that
Silence can only be equivalent to fraud !Morrison v. Coddington, 662 P. 2d.
155, 135 Ariz. 480(1983). "Fraud and deceit may arise from silence where
there is a duty to speak the truth, as well as from speaking an untruth."
We utilize a 16 page document specifically designed for your lender to
"verify the debt" within 20 days. You can use this important document
against any type of debt!
All parties may be liable under Alter Ego Liability – a judicial
doctrine applied to corporations where a court may hold the individual
shareholders liable where the business entity is merely the "Alter Ego" of
its shareholders, a member of a corporation or LLC may also be held liable
for the corporation / LLCs debts and liabilities.
Problems with a Loan Modification:
10 POINTS TO CONSIDER
1. The borrowers will think they are modifying their current loan when in
fact they are starting all over again.
2. The Foreclosing entity which lacks standing to bring lawsuit, is not
authorized to modify anything since they are not the owner of the loan in
question.
3. Since the real parties in interest are no where to be found, they are
taking it upon themselves with the help of theirl awyers to steal your
property.
4. The borrower is actually getting a new loan which may enjoin borrower
from rescinding new transaction.
5. The foreclosing entity is STILL not using their own fundsto modify
(new loan) loan. They are getting funds to lend borrowers through Federal
bail outs, insurance proceeds and believe it or not Investors. [same
process]
6. Their lawyers are not acting in a lawyer's capacity but asBROKERS;
[middlemen] they are getting paid commission on every new loan they help
brokered.
7. What Does Loan Modification Mean?A modification to an existing loan
made by a lender in response to aborrower's long-term inability to repay the
loan. Loan modifications typically involve a reduction in the interest rate
on the loan, an extension of the length of the term of the loan, a different
type of loan or any combination of the three. A lender might be open to
modifying a loan because the cost of doing so is less than the cost of
default.
8. Why would they need to re-qualify if they claim they would make the
borrowers payments and rates to be less?
9. The borrower took the loan out with lender "A" but an unknown lender
"B" is trying to modify it.
10. When the modification is said and done, the borrower will have lender
"B" as the lender. What happened to lender "A"???
www.homesteadservicesflorida.com
