Foreclosure Defense Strategies: Apply the Foundations

Shiny Object Syndrome is a very common disorder that many home owners and attorney’s suffer from. This disorder happens when either the homeowner or the attorney starts of in one direction and then before the journey is completed something pops up on the horizon and they race off in a different direction. Countless hours and dollars are spent. This happens all too often in dealing with foreclosure issues and the race to find the silver bullet. The one argument or remedy will result in the magical win.

There is no magical silver bullet which will destroy your enemies. This is war and while one must constantly strive to win the many battles that will come up, care must be taken to stay on track as to what the objective is and what is the best possible way to achieve that win. When someone says to you “hey how about trying this” ask your self has this worked in my situation and in my state and if so how many times? Is my situation exactly like the one that someone is pitching to you? While there is nothing wrong with innovation and new ideas care must be taken as not to lose focus on what is most important to you.

The best way that I know how to stay on track is to devise a plan and stick to it as much as possible. Understand exactly what documents that you have signed at closing and how to apply your state statutes to your advantage. The laws are the same for both parties in a complaint. The difference is applying the knowledge of the statutes as to your situation at hand. How many people have read their security instrument from front to back? Why Not?

It is through the security instrument being either the Mortgage or the Deed of Trust that the act of foreclosure is done. While this is not a contract, others would have you believe that it is. One just needs to go to the basic requirements as to what constitutes a contract; two parties didn’t sign it as well as there was probably not a meeting of the minds either. However you have intentional equity that is argued so that it is believed to be an enforceable contract. It is an contract of equity if you so allude to it. The security instrument being either the Mortgage or the Deed of Trust is an alternative means of collecting on the Mortgage Promissory Note if you have acquired rights in accordance with law.

The parties’ originating the foreclosing applies the laws of equity so that they have rights of enforceable contract, not under law but under intentions of equity. The Mortgage and Deed of Trust instrument is an interest in real property which is governed by real property laws.


Joseph Esquivel
Mortgage Compliance Investigators
Copyrighted© 2014

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