Copyright 19 January 2014 by Bob Hurt. All rights reserved. Distribute reely.

Foreclosure Hospice - Helping Victims Embrace Early Mortgage Death If you have become a victim of foreclosure, perhaps you should consider Foreclosure Hospice to help you embrace, and maybe even take comfort in, the

Early Death of your Mortgage

Foreclosure Hospice isn't a place, a company, or a service. It's just an IDEA intended to et you to think rationally about the chances of savin your home from foreclosure if you kno! you have not, cannot, or !ill not make timely mort a e payments. "ou have virtually no chance at all. #o matter !hat $defense$ you put up, your o!nership and possession of your home !ill die an untimely death. As a foreclosure hospice practitioner, I have only one advice for you% Don't dra out the inevitable. Don't hire a la!yer to keep it on life support. &ull the &lu . I found a rivetin definition for $E'(I)"$ *as in Florida's foreclosure proceedin s+ in an old dictionary, and relevant la!s in the Florida ,tatutes%
Equity *Ae-uitas, -uasi Ae-ualitas+ Is defined to be a .orrection, or 'ualification, of the /a! enerally made, in that &art !herein it faileth, or is too severe. And like!ise si nifies the E0tension of the 1ords of the /a! to .ases une0pressed, yet havin the same 2eason3 so that !here one )hin is enacted by ,tatute, all other )hin s are enacted that are of the like De ree% For E0ample3 )he ,tatute of 4louc. ives Action of 1aite a ainst him that holds /ands for /ife or "ears3 and by the E-uity thereof, a 5an shall have Action of 1aite a ainst a )enant that holds but for one "ear , or Half6"ear, !hich is !iothut the 1ords of the Act, but !ithin the 5eanin of it3 and the 1ords that enact the one, by E-uity enact the other. Terms de Ley 787, 789. ,o that E-uity is of t!o :inds3 the one doth abrid e and take from the /etter of the /a!3 and the other inlar e and add thereto. Aequitas est perfecta quaedam Ratio, quae Jus Scriptum Interpretatur & Emendat. 1 Inst. 24. And ,tatutes may be construed accordin to Equity especially !here they ive 2emedy for 1ron , or are for E0pedition of ;ustice, <c. 1 Inst. 24, !4, "#. 2 Inst. 1$#, 1$", &c. Equity seems to be the Interposin La% of Reason, e0ercised by the Lord &'ance((or in e0traordinary 5atters, to do equa( Justice, and by supplyin the Defects of the /a!, ive 2emedy in all .ases. Foreclosure Hospice - Helping Victims Embrace Early Mortgage Death Page 1

A )e% La% *ictionary, =>?8, 4iles ;acob, 4entleman *printed by Henry /intot, /a! &rinter to the :in 's 5ost E0cellent 5ajesty, /ondon+ Florida Statutes
697.02Nature of a mortgage.@A mort a e shall be held to be a specific lien on the property therein described, and not a conveyance of the le al title or of the ri ht of possession. 702.01Equity.@All mort a es shall be foreclosed in e-uity. In a mort a e foreclosure action, the court shall sever for separate trial all counterclaims a ainst the foreclosin mort a ee. )he foreclosure claim shall, if tried, be tried to the court !ithout a jury.+

Accordin to definition, a court e-uitably applies reason to do e-ual justice and ive remedy by supplyin the Defects of the /a!. )herefore, the absence of any remedy demands that e-uity supply remedy, for !ithout providin remedy, a la! cannot stand as the source of remedy, and e-uity must intervene. In other !ords, the absence of remedy puts you on the path to remedy. As I see it, !hen la! deprives a plaintiff of relief and remedy, the plaintiff may and must demand e-uitable relief in order to invoke the e-uitable functionin in and of a court of la!. )he plaintiff thereby commands the the jud e to provide e-uitable relief, and failure of the jud e to do so ives cause for objection, e0ception, motion to revie! or vacate, and notice of appeal. Absent any lender injury to the borro!er, e-uity drives Florida's foreclosure courts to provide relief and remedy to the real mort a e victims% the lenders or assi neesAindorsees of the note on !hich the borro!er defaulted. Banks must !ait about C months to et a foreclosure complaint throu h to summary jud ment. 5ean!hile the bank collects no payments or interest on the loan !hile rackin up a mountain of le al fees and related e0penses. An a ressive foreclosure defense attorney can ar ue lack of standin , broken chain of title, rob86si nin , etc., and delay the foreclosure for a year or so !hile ou in the client up!ards of DE8,888 for the privile e of inevitably losin the house. )his compounds the injury to the banks. Fn top of that, most mort a e loans have one under !ater, !ith the collateral house havin dramatically lost value, so by the time the bank finally ets
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possession of the house or the proceeds from the foreclosure auction, the bank has lost a lot of money on an investment one bad. E0actly ho! just does that seemG #ot very, in my book. )he ne! Florida la! should speed thin s up. But it also should make it easier *unfortunately it doesn't+ for foreclosure victims to sue their foreclosure defense attorneys for malpractice because those attorneys only delayed the inevitable !hile s!allo!in up precious money the victim needed to relocate. And the attorneys virtually never bothered e0aminin the mort a e, note, and circumstances of the loan for evidence of fraud, torts, breaches, or errors by the lender or lender's a ents at the inception of the deal.

Why Foreclosure Courts Al ays Foreclose

In any case, the definition of e-uity and the Florida ,tatute above conspire to e0plain precisely !hy courts ive frivolous securitiHation ar uments *they are all frivolous+, and other typical foreclosure defenses, such short shrift. Florida's foreclosure court jud es have paramount in their minds the ideals of fairness. All but the stupidest, most corrupt borro!ers readily admit they took out the loan, received the money, used it, and failed to make timely payments, thereby invokin the mort a e remedy. )herefore, in spite of numerous defects in the plaintiff bank's case, e-uity demands that the court rant the foreclosure and order the auction of the mort a ed property or ive it to the plaintiff to dischar e all or part of the debt. And that e0plains !hy virtually every foreclosure effort ultimately succeeds.

Foreclosure Pretense De!ense - the "#$%MA$E Hospice !or your Home

)hat's ri ht. "ou read correctly. Foreclosure &retense Defense attorneys have played the role of foreclosure hospice service providers for a decade. .lients come to them complainin that the bank sent them a foreclosure notice because they breached the note by not makin timely payments. Instead of lookin to find !here the lender or lender's a ents cheated and injured the mort a or, they et busy copyin one another's pleadin s and filin frivolous ans!ers to foreclosure complaints or frivolous -uiet title actions. ,ometimes they luck out by ettin the court temporarily to dismiss the case, but the bank nearly al!ays corrects the paper!ork, lines up the ri ht plaintiff, refiles the foreclosure complaint, and !ins.
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)hat, of course, uarantees that you, the mort a or and victim client, !ill spend tens of thousands of precious, hard6earned savin s dollars so that useless and incompetent foreclosure pretender defender can stall the foreclosure a little !hile lon er. But just like all hospice !orkers, the foreclosure pretender defender kno!s that as surely as the sun !ill come up tomorro!, "F(, the mort a e victim in foreclosure, !ill lose your house and the life savin s you poured into e-uity alon !ith it.

#oan Mo'i!ication ( Absolutely %nsane

A /oan modification does not mean $refinance$ but it has a similar effect because it stops the foreclosure. (nfortunately many servicers lie to mort a ors, tellin them they must fail to make 7 payments in order to -ualify *and similar nonsense+. 5ort a ors !ho follo! this insane advice breach the note in so doin , and that justifies a foreclosure. Furthermore, loan mods nearly al!ays ad on all the e0penses of foreclosure &/(, an enormous amount in loan ori ination fees, schedule repayment based on 986year amortiHation and schedule a hu e balloon payment a fe! years hence, all to et the payments lo! enou h to afford. 5ost mort a ors !ho do this foolish maneuver end up o!in double to triple the actual value of the house. I consider that insane because it constitutes a bad investment, you !ill never pay off the balloon, and the lender !ill end up foreclosin any!ay.

Come to )rips ith *eality - Pull the Plug

I think it hi h time that mort a ors !ho cannot repay their mort a e debt timely, and !ho refuse to find out ho! attack the lender for injurin them, consider this little FF2E./F,(2E HF,&I.E advice% "our e-uitable o!nership and possession of your house !ill soon come to an end, !hether you liti ate or not. But you'll make it a lot easier on yourself if you &(// )HE &/(4 2I4H) #F1 rather than hirin a useless foreclosure defenseAhospice attorney to keep you on /IFE ,(&&F2) till the very end. =. Deed in lieu of foreclosure 6you si n over the deed !ithout re-uirin any further foreclosure effort from the lender, and the lender for ives any deficiency. E. :eys for .ash 6 same as deed6in6lieu but the note holder also ives you cash to leave the house $broom6clean$ !ithout dispute or delay.
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3. ,hort sale 6 sell the house for less than the loan balance, !ith the note holder's cooperation

$he ,nly Foreclosure E-ception that Can )i.e /ou Financial Compensation or the House Free an' Clear
)he only !ay you mort a ors can keep your house free and clear or obtain financial compensation lies in provin that )HE /E#DE2 F2 A4E#), I#(2ED "F(. If you can do that, you can et a settlement or a dama es jud ment or set6off, possibly your house free and clear. If you cannot do that, ive up the host, pull the plu , say $ Sayonara, do s+idania, tsc',-, adios, adieu, seeya,$ and kiss the house ood6bye. Incidentally, if you !ant to learn about the methodolo y for obtainin proof that the lender or a ents cheated or injured you, call me at >E> IIC ??== or Email 5e. It !on't cost you a penny to e0pand your kno!led e. And you'll find that you don't need Foreclosure Hospice after all. JJJ Distribute Freely
-0ob Hurt 0log 1 2 & ! t 2460 Persian Drive #70 Clearwater, FL 33763 Email Call: (727) 66 -!!"" Law #t$%ies: D&nate #$'s(ri'e Learn t& Liti)ate wit* +$ris%i(ti&nar,

Foreclosure Hospice - Helping Victims Embrace Early Mortgage Death

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