Fair debt collection practices | Credit card debt | Stop foreclosure | Real estate | Fight debt and bill collectors | Void judgments

If you facing a foreclosure court lawsuit, the first thing you must do is answer the complaint ASAP. After you read the information on this page and download my book below, you will learn that in judicial foreclosures, you could use a “Motion to Dismiss” more effectively than denying or accepting the charges against you as wrongly advised by many.

 I have found a secret little known method (even unknown by many attorneys) to stop debt collectors from taking advantage of the legal system and abuse your rights. For instance, 

Did you know that some contracts (e.g. credit card contracts) have been considered non-assignable by some courts? 
Did you know that when a third party debt collector attempts to collect any consumer debt including state income taxes, the debt collector must obey the Fair Debt Collections Practices Act or they are subject to suit. 
Did you know that before any party can legally prevail in any lawsuit, the party must be prepared to show standing to sue in the jurisdiction and standing to sue the respondent party?
Did you know that the party legally prevailing in any lawsuit must show that a contract exists if the matter is a breach? 
Did you know that on a foreclosure complaint/ lawsuit the lender must establish that in fact it owned the note and mortgage in question at the time the respective complaint was filed? It has even been determined by many courts that lenders must have possession of the original promissory note to have standing to sue.
Regardless, every prevailing party must “prove up” a claim of damages. 


 The debt collection industry is one of the most corrupt in the U.S. legal system. According to my observations and based on research (a recent study of 1,733 foreclosures by Katherine M. Porter, an associate professor of law at the University of Iowa, found that 40 percent of the creditors foreclosing on borrowers did not show proof of ownership of the debts), of debt collection cases (credit card judgments, foreclosure, breach of contract, etc) are done improperly and you can win them if you know how. To learn about some of the tricks of the abusive debt collection industry, click here. 

 A reporter named Fred Williams recently wrote a book called Inside Debt Collection that exposed the industry. The book is free to download and is available at www.Lulu.com. Williams went undercover for 3 months working for a collection agency. The things he reveals would turn your stomach.

Discover PROVEN techniques that could help you  STOP your mortgage company and other creditors DEAD in their tracks and SAVE YOUR HOME FROM FORECLOSURE, STOP illegal DEBT COLLECTION activities and STOP LAWSUITS today!

 According to the New York Time on its November 6, 2007 article , “Dubious Fees Hit Borrowers in Foreclosures”, “As record numbers of homeowners default on their mortgages, questionable practices among lenders are coming to light in bankruptcy courts, leading some legal specialists to contend that companies instigating foreclosures may be taking advantage of imperiled borrowers.” The article portrays an study done by a lecturer at Stanford Law School and a consultant for the National Association of Consumer Bankruptcy Attorneys and mentions that 4 out of 10 foreclosure claims did not attach a promissory note, and one in six claims was not supported by the itemization of charges required by law; furthermore, the study also found that some creditors ask for fees, like fax charges and payoff statement fees, that would probably be considered “unreasonable” by the courts. Based on the study, mortgage creditors in the 1,733 mortgage foreclosure on Chapter 13 bankruptcy cases analyzed put in claims for almost $6 million more than the loan debts listed by borrowers in the bankruptcy filings. The discrepancies are too big, the researcher said, to be simple record-keeping errors. According to the article, fees for legal services in foreclosure are also under scrutiny. 

 On a New York Times article dated November 15, 2007 called “Foreclosures Hit a Snag For Lenders: Judge Blocks Lenders Over Right to Foreclosure” brings to the public eye the fact that on October 31, 2007 a federal judge in Ohio has ruled against a longstanding foreclosure practice, potentially creating an obstacle for lenders trying to reclaim properties from troubled borrowers and raising questions about the legal standing of investors in mortgage securities pools. Another article titled “Judge Demands Documentation in Foreclosures” and published on November 17, 2007, The New York Times says...”After the dismissal of 14 foreclosure cases by a federal judge in Cleveland, another federal judge in Ohio has given lenders 30 days to prove that they own the properties they intend to seize from troubled homeowners in 27 other cases.” On November 28, 2007 the New York Times reported on an article titled “Foreclosure Charges by Lender Investigated” that the federal agency monitoring the bankruptcy courts has subpoenaed Countrywide Financial, the nation’s largest mortgage lender and loan servicer, to determine whether the company’s conduct in two foreclosures in southern Florida represented abuses of the bankruptcy system. On December 27th, 2007, Judge Holschuh in the United States District Court for the Southern District of Ohio, Eastern Division dismissed 15 mortgage foreclosure cases for lack of standing to sue and citing in his dismissal order “Weighing the evidence presented, the Court finds that Plaintiffs have not established that they in fact owned the notes and mortgages in question at the time these respective complaints were filed. Because Plaintiffs apparently did not own the notes and mortgages at the time the complaints were filed, Plaintiffs suffered no injury in fact from the debtors’ default. Plaintiffs thus do not have standing to bring these actions, and these cases should be dismissed for lack of standing.” Download Judge Holschuh’s dismissal order here.

 If you or someone you know is facing foreclosure, you must watch this “Avoid Foreclosure Fraud” video, read the above mentioned newspaper articles and the National Consumer Law Center’s report “Dreams Foreclosed;” one of the best studies recently written about the rampant theft of American’s homes through equity-stripping foreclosure rescue scams. 
 
 In a development that has astounded bankruptcy judges and attorneys alike, there is a hot market for discharged bankruptcy debt. Legally, these debts are no longer payable and they should not be reflected on credit reports, but a number of aggressive collection firms are buying millions of dollars of discharged debt for pennies on the dollar and using unethical extortion tactics to squeeze money out of debtors. Looking at the many ways people get mired in debt, a lengthy article in BusinessWeek called “Prisoners of Debt” provides a good look at an unsavory financial practice via stats and case studies.

The Truth About How To Stop Foreclosure

I am absolutely amazed with the information that I’ve gathered from hundreds of sources. Even more amazing is the fact that neither your attorney, nor the majority of the attorneys practicing law for many years, will use this legal information to help you avoid the years of headaches and frustration this knowledge will spare you. It is my opinion that most likely these attorneys DO NOT KNOW HOW TO USE THIS LEGAL PRINCIPLE!!! Perhaps most aren’t even aware of it. 

 Nevertheless, it is either through ignorance or just plain disregard for your rights that the information uncovered here is not being put to use for your benefit. My methodological and painstaking research seems to indicate the majority of attorneys are ill prepared and truly oblivious to the implications contained in The Law of Void Judgments.

 Please don’t believe a word of what I say in my book; I encourage you to read the information offered on it and draw your own conclusions about how to approach your individual case. I’m not in a position to guarantee success in dismissing the lawsuit against you just by providing you with legal techniques; how you use these techniques applied to your individual case will determine your success. What I can guarantee is that after reading my book you will have an excellent understanding of the debt collection legal system, and you will know how to fight for your rights.

 The legal presentations submitted throughout the nation’s courts by many of these legal professionals are so poorly put together that they actually fail to make a legal case. Surprisingly enough, judges actually grant favorable verdicts to these incompetent attorneys' pleadings! The incompetence existing in today’s courtrooms is remarkable! And the ones that suffer greatly as a consequence are those without this information, which are the majority of the Citizens. Well, I have great news for you! For many years I have been studying the little secret (not so little, really!) known among some law professionals as The Law of Voids. 

•	 I am absolutely amazed with the information that I’ve gathered from hundreds of sources, and I absolutely have to share with you. Even more amazing is the fact that neither your attorney, nor the majority of the attorneys practicing law for many years, will use this legal information to help you avoid the years of headaches and frustration this knowledge will spare you. It is my opinion that most likely these attorneys DO NOT KNOW HOW TO USE THIS LEGAL PRINCIPLE!!! Perhaps most aren’t even aware of it.

 My meticulous research has yielded a gem for anyone who wants to learn the legal principles necessary to rid themselves of void judgments; yes, void judgments because they have been void since rendered! Yes, you’ve read correctly, void since rendered. 

 Based on the research mentioned above and personal observation, it could estimated that more than 40% of money judgments are void upon examination. This number could actually be higher if the research above is extended to foreclosure outside bankruptcy, credit card judgments, etc. to You see, this is the amazing fact that should already be getting you excited!. If you have a money judgment against you, according to The Law of Voids there is a very good chance that it is a void judgment AND CAN BE VACATED! Did you know that about money judgments? Has anyone ever mentioned to you The Law of Voids affecting court rulings?

From the transcript of evidentiary hearing - MERS v. Cabrera:
"It truly concerns me, however, that thousands and thousands --thousands and thousands of mortgage foreclosure actions have been filed with these allegations. I am not certain what remedy, if any, these people would have were it to be determined that MERS was not ever the proper party notwithstanding that these folks [might] have been in default what their recourse, if any, would be. I'm not certain with the satisfaction of mortgages that have been filed on behalf of MERS how good those are, and I am not certain how good title to property is that people bought at these foreclosure sales if it turns or becomes established that MERS was indeed not only not the right party but misrepresented by way of their pleadings and affidavits that they held something they didn't own; so I'm not certain of the consequences, but it seems vast." - The Honorable Judge Jon Gordon (Circuit Judge) 
(Emphasis added)

 Think of how much grief can be spared if application of the information contained in my “How To Legally Beat Debt Collectors” results in dismissal of your money judgment! And even if you do not have a money judgment against you, think of how this information can help you overcome any future attempt to force you to part with your hard earned cash by preventing a money judgment claim against you. Or perhaps you have someone dear to you who has a money judgment enforced against him, and can be helped with this information.

 Knowledge is power and the lack of it, or what you don’t know, does hurt you when it has to do with the legal industry. But thanks to my research, you can arm yourself with empowering knowledge of the legal principles that will give you a winning chance against those seeking to drag you to court to fraudulently separate you from your money by enforcing a void money judgment. Of course you should pay any legitimate debt, be it credit card debt or money judgment owed. This is not about acting irresponsibly toward those who have dealt fairly with you. But you should learn to recognize when you have not obtained any fair or valid contractual consideration from another party and you should understand when your are not obligated to that party.

 Another exciting fact is that, 

•	 there is no statute of limitation on Subject Matter Jurisdiction! Yes, you can take advantage of the incompetence found in today’s legal industry to successfully challenge Subject Matter Jurisdiction anytime, even after a money judgment has been rendered against you. My material will show you what to look for to mount a successful challenge. I will also show you how to set up an ongoing legal proceeding to take advantage of the information contained in “How To Legally Beat Debt Collectors”. All the information presented is based on court rulings throughout America, and has been successfully tried in courts by many who have studied his material.

 But what I offer is information that could lead to success if you follow it through. The alternative is to lie down and be devoured by the wolves of the legal industry. The choice is yours, of course. 

 There are so many gems found in “How To Legally Beat Debt Collectors.” 

•	 For example, you will learn why the majority of courts are ‘inferior courts’ and why they are courts of ‘limited jurisdiction’ with limited powers. This information is an eye opener! 
•	 But wait until you read about the relationship between the parties’ pleadings and a court’s subject matter jurisdiction. This is where the meat and substance is found. 

 You will be in for an education of the legal industry in simple terms not available anywhere! When you read my “How To Legally Beat Debt Collectors” you will be fascinated to learn how the court requires the parties to empower it to act, else the court lacks subject matter jurisdiction. 

•	 A court MUST be empowered by the the parties to complete jurisdiction! Interesting stuff! Inferior courts don’t have the power you are used to thinking they have! Learn how to employ this legal principle and you’ll be on your way to preventing court abuse, and to saving lots of money.

 Do you or anyone you know have a mortgage foreclosure in the works? 

•	 You will be surprised to find out you may be able to stop foreclosure action. Because of certain provisions in the law, you may even be able to get the foreclosure action dismissed completely. This information is the type the banks don’t want you to have. Believe me, they’ll start sweating as they picture you standing there, holding the monkey wrench that will stop their machinery dead cold. Get hold of the information concerning preventing foreclosure judgments by ordering “How To Legally Beat Debt Collectors.” You may even find out you are enjoying those proceedings, as you play their game from an empowered position!

 Combine it with my lessons on the Racketeer Influenced and Corrupt Organizations Act (commonly referred to as RICO Act or RICO) lawsuits and you have a powerful punch to use in combat!

Check the book’s press release here.

QUALITY MATERIAL!
 All the empowering information provided in my material can help you save money and relieve you of headaches. This information is provided in an easy to read, PDF eBook, packed with more than 300 pages of actual research, lessons, court proceedings, case law, motions/pleadings, and letters you can customize and mail out to the like of pesky bill collector or to defend yourself in court with or without an attorney. If you were to compile this information yourself, you’ll be looking at countless research hours, trips to the courthouse, and the money expenditure associated with gathering all this information. This is information that will excite you the moment you start reading “How To Legally Beat Debt Collectors.” It is information kept from the majority of Citizens, but which you can acquire at a fraction of its worth. Once you take a look at the material you will have no doubt that the price is a bargain. With the information contained in my book you will be able to reclaim your legal rights, possibly stopping foreclosure, delaying or stopping any debt collection lawsuit or voiding any money judgment against you. 
 
Nothing happens until something moves.
Albert Einstein (1879-1955)
 
How to succeed? Try hard enough!
Malcolm Forbes (1919-1990)
 
TAKE ACTION, LEARN THE LAW, AND DEFEND YOUR RIGHTS!


Get your copy of “How To Legally Beat Debt Collectors”

My name is Julio Martinez-Clark, and I’m glad you landed on this page. My educational background include a Bachelor of Science degree in Electrical Engineering (B.S.E.E.), a Master of Business Administration (M.B.A.). I’ve always had a vivid curiosity for learning the truth about many topics and a great passion for sharing and teaching information to positively change persons’ lives. I’ve been a victim of the debt collection industry and have sadly observed the corruption of the legal system in America and decided to fight back. Please read my blog to read my free monthly newsletter and for some free articles that I have written about foreclosures, debt collection, asset protection, and other life topics. 

 For a perfect example of how a determined homeowner in the Cleveland area attacking a foreclosure complaint from a legal angle using some of the ideas presented on this page was able to stave off foreclosure for 11 years, see the story in the Wall Street Journal on December 28th, 2007 titled "The Court House: How One Family Fought Foreclosure" (for more details, read the WSJ writer's blog here)
Get the book “How To Legally Beat Debt Collectors”!

The secret is that most judgments including foreclosure could be VOID! Most judgments can be vacated (made to go away) since rarely has any authenticated evidence, competent fact witness, or even a claim been put before a court and on the record.

If you are facing foreclosure at this moment, you are perhaps inundated with letters from foreclosure assistance companies that charge outrageous amounts of money to negotiate with your lender; the majority of these companies are a scam. You also get creative letters from so-called “investors” who in their white horses offer free advice with their deceiving niceness that in many cases fails to hide their true intention to make you sell your home to them at a deep discount. Many of these “investors” use deceptive kitchen table closings in which they make you sign mysterious paperwork (land trusts, etc) that basically transfer the title/deed of your home to them sometime taking over your mortgage payments and leaving the loan liability on your name (read this revealing article). Some of this “investors” also offer very deceptive “lease-back” arrangements in which they let you stay in your home as a tenant, and they pray that you stop paying rent so that they can evict you so that they can take possession of your house. You also get letters from Realtors® who are trying to make you list your home for sale and paint a rosy picture of the real estate market and the value of your home. Last but not least dangerous, you have attorneys offering sometimes free consultations to make you file Chapter 13 bankruptcy; what these attorneys don’t tell you is that based on research (see The Realities of U.S. Personal Bankruptcy under Chapter 13, and Chapter 13 Bankruptcy: Successful Versus Unsuccessful Debtors) the overwhelming majority of Chapter 13 filers do not complete their payment plans and have their cases dismissed. You also find on the internet a proliferation of eBooks that promise to stop foreclosure magically with names such as “Foreclosure Free Zone,” “The Fight Of Your Life: How To Beat The Foreclosure Demons Smart Solutions For Saving Your Home,” “Avoid Foreclosure And Fix Credit Problems,” ”Foreclosure Help - Don’t Let The Bank Take Your Home!“ In my research, I’ve even bought some of these type of eBooks just to see what’s so magical about them, and found that they don’t have any information that isn’t common sense and readily available for free online. All the advice in these books fall into these categories: 1) Talk to your lender, 2) Sell your home, 3) File for Chapter 13 bankruptcy protection, and 4) Refinance/Get a loan. None of these books, nor the Chapter 13 attorney, nor the Realtors®, nor the “investors” in their white horses tell you about your legal rights and how you can defend yourself from the abuse of the debt collector attorneys. Please don’t waste your hard earned money on these useless eBooks. 

 Read some free articles that I have published about foreclosure and other topics here 

 Facing a foreclosure complaint is a financial and legal issue. If you attack the issue from a financial standpoint, you must to have cash to pay your mortgage regardless of negotiating a payment plan with your lender yourself or through a foreclosure assistance/consulting company. Bear in mind that when negotiating a payment plan with your lender (sometimes called Forbearance Agreement) , you may be required to come up with a lump sum (usually half of your past-due payments) and proof of income. It’s very simple; if you have sufficient income to pay your monthly mortgage obligation, it’s very likely you can negotiate something with your lender to stop foreclosure. 

 If you attack the issue from a legal standpoint, you must learn about your legal rights and, preferably with the help of a consumer protection attorney, find a technical or legal flaw in the lawsuit to have it dismissed. These flaws could be hidden in the lender’s debt collection attorney not following your state’s rules of civil procedures (for instance: You were served improperly) or by digging into the foreclosure complaint and court docket to see if there is an actual plaintiff’s proof of ownership of the promissory note, or if the original promissory note has been filed in the court records, or any of the other twenty-something reasons I talk about in my book that could make a judgment void. 

 There is a lot of literature on the internet and in bookstores about the debt collection industry, on how to stop foreclosure dealing with the lenders, about how debt collections works, about what to expect from debt collectors, etc, etc. However there is little information about how to navigate the legal system, on how to file pleadings and motions and on how to execute the steps necessary to win the debt collection battle in court. Almost nobody explains to you in simple terms how the legal system works and how you can use it to your advantage to win lawsuits against you regardless of the type of lawsuit (civil or criminal). Attorneys have kept this information for themselves. I’ve accumulated thousand of notes in my long and exhaustive research on this topic. 

Would YOU like to have access to my trusty old yellow notepad? 
 
 (Well, not my actual notepad with my messy handwriting, coffee stains)
 
 I mean, what if I had taken everything in my yellow notepad, that helped many homeowners in financial distress, PLUS what we've learned in the past few years as a real estate investor, and compiled it all into a clear, concise, manual called HOW TO LEGALLY BEAT DEBT COLLECTORS!
	•	You don’t have to spend countless hours amassing dozens of pages of scribbled notes. 
	•	You don’t have to contact dozens of other people to find out what their experiences are. 
	•	You don’t have to hang out in chat rooms or Internet forums.
	•	You don't have to take your chances with "Foreclosure Assistance," Chapter 13 bankruptcy, or debt relieve schemes.
	•	You don't have to buy real estate investing and law guidebooks.
	•	You don’t have to read law books until your eyes are bloodshot.
	•	You don’t have to sweet-talk your County Clerk to get the inside scoop on your case.

 Because, I’ve done all the work for you! 

 I’m not talking about hundreds of pages of mind-numbing garbage where you have to wade through all the fluff and filler to figure out what is crap and what is good information. 

 HOW TO LEGALLY BEAT DEBT COLLECTORS contains chapter after chapter, page after page of proven techniques -- clear, concise, how-to information that will give you the tools you need to very likely STOP this nightmare.

To your success,

Julio Martinez-Clark


The contents of this website are for educational and instructive purposes only; visitors are always encouraged to seek the advice of legal counsel in their geographical area. Responses to submitted questions are generalized and may not be specific to the visitor's state or area. You may find an attorney specializing in consumer rights at www.naca.net or consult your local bar association

P.O. Box 150126 - Altamonte Springs, FL 32715
info@beat-debt-collectors.com

My name is Julio Martinez-Clark, and I’m glad you landed on this page. My educational background include a Bachelor of Science degree in Electrical Engineering (B.S.E.E.), a Master of Business Administration (M.B.A.). I’ve always had a vivid curiosity for learning the truth about many topics and a great passion for sharing and teaching information to positively change persons’ lives. I’ve been a victim of the debt collection industry and have sadly observed the corruption of the legal system in America and decided to fight back. Please read my blog to read my free monthly newsletter and for some free articles that I have written about foreclosures, debt collection, asset protection, and other life topics. 

 For a perfect example of how a determined homeowner in the Cleveland area attacking a foreclosure complaint from a legal angle using some of the ideas presented on this page was able to stave off foreclosure for 11 years, see the story in the Wall Street Journal on December 28th, 2007 titled "The Court House: How One Family Fought Foreclosure" (for more details, read the WSJ writer's blog here)
Get the book “How To Legally Beat Debt Collectors”!

If you facing a foreclosure court lawsuit, the first thing you must do is answer the complaint ASAP. After you read the information on this page and download my book below, you will learn that in judicial foreclosures, you could use a “Motion to Dismiss” more effectively than denying or accepting the charges against you as wrongly advised by many.

 I have found a secret little known method (even unknown by many attorneys) to stop debt collectors from taking advantage of the legal system and abuse your rights. For instance, 

Did you know that some contracts (e.g. credit card contracts) have been considered non-assignable by some courts? 
Did you know that when a third party debt collector attempts to collect any consumer debt including state income taxes, the debt collector must obey the Fair Debt Collections Practices Act or they are subject to suit. 
Did you know that before any party can legally prevail in any lawsuit, the party must be prepared to show standing to sue in the jurisdiction and standing to sue the respondent party?
Did you know that the party legally prevailing in any lawsuit must show that a contract exists if the matter is a breach? 
Did you know that on a foreclosure complaint/ lawsuit the lender must establish that in fact it owned the note and mortgage in question at the time the respective complaint was filed? It has even been determined by many courts that lenders must have possession of the original promissory note to have standing to sue.
Regardless, every prevailing party must “prove up” a claim of damages. 


 The debt collection industry is one of the most corrupt in the U.S. legal system. According to my observations and based on research (a recent study of 1,733 foreclosures by Katherine M. Porter, an associate professor of law at the University of Iowa, found that 40 percent of the creditors foreclosing on borrowers did not show proof of ownership of the debts), of debt collection cases (credit card judgments, foreclosure, breach of contract, etc) are done improperly and you can win them if you know how. To learn about some of the tricks of the abusive debt collection industry, click here.

Discover PROVEN techniques that could help you  STOP your mortgage company and other creditors DEAD in their tracks and SAVE YOUR HOME FROM FORECLOSURE, STOP illegal DEBT COLLECTION activities and STOP LAWSUITS today!

 According to the New York Time on its November 6, 2007 article , “Dubious Fees Hit Borrowers in Foreclosures”, “As record numbers of homeowners default on their mortgages, questionable practices among lenders are coming to light in bankruptcy courts, leading some legal specialists to contend that companies instigating foreclosures may be taking advantage of imperiled borrowers.” The article portrays an study done by a lecturer at Stanford Law School and a consultant for the National Association of Consumer Bankruptcy Attorneys and mentions that 4 out of 10 foreclosure claims did not attach a promissory note, and one in six claims was not supported by the itemization of charges required by law; furthermore, the study also found that some creditors ask for fees, like fax charges and payoff statement fees, that would probably be considered “unreasonable” by the courts. Based on the study, mortgage creditors in the 1,733 mortgage foreclosure on Chapter 13 bankruptcy cases analyzed put in claims for almost $6 million more than the loan debts listed by borrowers in the bankruptcy filings. The discrepancies are too big, the researcher said, to be simple record-keeping errors. According to the article, fees for legal services in foreclosure are also under scrutiny. 

 On a New York Times article dated November 15, 2007 called “Foreclosures Hit a Snag For Lenders: Judge Blocks Lenders Over Right to Foreclosure” brings to the public eye the fact that on October 31, 2007 a federal judge in Ohio has ruled against a longstanding foreclosure practice, potentially creating an obstacle for lenders trying to reclaim properties from troubled borrowers and raising questions about the legal standing of investors in mortgage securities pools. Another article titled “Judge Demands Documentation in Foreclosures” and published on November 17, 2007, The New York Times says...”After the dismissal of 14 foreclosure cases by a federal judge in Cleveland, another federal judge in Ohio has given lenders 30 days to prove that they own the properties they intend to seize from troubled homeowners in 27 other cases.” On November 28, 2007 the New York Times reported on an article titled “Foreclosure Charges by Lender Investigated” that the federal agency monitoring the bankruptcy courts has subpoenaed Countrywide Financial, the nation’s largest mortgage lender and loan servicer, to determine whether the company’s conduct in two foreclosures in southern Florida represented abuses of the bankruptcy system. On December 27th, 2007, Judge Holschuh in the United States District Court for the Southern District of Ohio, Eastern Division dismissed 15 mortgage foreclosure cases for lack of standing to sue and citing in his dismissal order “Weighing the evidence presented, the Court finds that Plaintiffs have not established that they in fact owned the notes and mortgages in question at the time these respective complaints were filed. Because Plaintiffs apparently did not own the notes and mortgages at the time the complaints were filed, Plaintiffs suffered no injury in fact from the debtors’ default. Plaintiffs thus do not have standing to bring these actions, and these cases should be dismissed for lack of standing.” Download Judge Holschuh’s dismissal order here.

 If you or someone you know is facing foreclosure, you must watch this “Avoid Foreclosure Fraud” video, read the above mentioned newspaper articles and the National Consumer Law Center’s report “Dreams Foreclosed;” one of the best studies recently written about the rampant theft of American’s homes through equity-stripping foreclosure rescue scams. 
 
 In a development that has astounded bankruptcy judges and attorneys alike, there is a hot market for discharged bankruptcy debt. Legally, these debts are no longer payable and they should not be reflected on credit reports, but a number of aggressive collection firms are buying millions of dollars of discharged debt for pennies on the dollar and using unethical extortion tactics to squeeze money out of debtors. Looking at the many ways people get mired in debt, a lengthy article in BusinessWeek called “Prisoners of Debt” provides a good look at an unsavory financial practice via stats and case studies.

The Truth About How To Stop Foreclosure

If you are facing foreclosure at this moment, you are perhaps inundated with letters from foreclosure assistance companies that charge outrageous amounts of money to negotiate with your lender; the majority of these companies are a scam. You also get creative letters from so-called “investors” who in their white horses offer free advice with their deceiving niceness that in many cases fails to hide their true intention to make you sell your home to them at a deep discount. Many of these “investors” use deceptive kitchen table closings in which they make you sign mysterious paperwork (land trusts, etc) that basically transfer the title/deed of your home to them sometime taking over your mortgage payments and leaving the loan liability on your name (read this revealing article). Some of this “investors” also offer very deceptive “lease-back” arrangements in which they let you stay in your home as a tenant, and they pray that you stop paying rent so that they can evict you so that they can take possession of your house. You also get letters from Realtors® who are trying to make you list your home for sale and paint a rosy picture of the real estate market and the value of your home. Last but not least dangerous, you have attorneys offering sometimes free consultations to make you file Chapter 13 bankruptcy; what these attorneys don’t tell you is that based on research (see The Realities of U.S. Personal Bankruptcy under Chapter 13, and Chapter 13 Bankruptcy: Successful Versus Unsuccessful Debtors) the overwhelming majority of Chapter 13 filers do not complete their payment plans and have their cases dismissed. You also find on the internet a proliferation of eBooks that promise to stop foreclosure magically with names such as “Foreclosure Free Zone,” “The Fight Of Your Life: How To Beat The Foreclosure Demons Smart Solutions For Saving Your Home,” “Avoid Foreclosure And Fix Credit Problems,” ”Foreclosure Help - Don’t Let The Bank Take Your Home!“ In my research, I’ve even bought some of these type of eBooks just to see what’s so magical about them, and found that they don’t have any information that isn’t common sense and readily available for free online. All the advice in these books fall into these categories: 1) Talk to your lender, 2) Sell your home, 3) File for Chapter 13 bankruptcy protection, and 4) Refinance/Get a loan. None of these books, nor the Chapter 13 attorney, nor the Realtors®, nor the “investors” in their white horses tell you about your legal rights and how you can defend yourself from the abuse of the debt collector attorneys. Please don’t waste your hard earned money on these useless eBooks. 

 Read some free articles that I have published about foreclosure and other topics here 

 Facing a foreclosure complaint is a financial and legal issue. If you attack the issue from a financial standpoint, you must to have cash to pay your mortgage regardless of negotiating a payment plan with your lender yourself or through a foreclosure assistance/consulting company. Bear in mind that when negotiating a payment plan with your lender (sometimes called Forbearance Agreement) , you may be required to come up with a lump sum (usually half of your past-due payments) and proof of income. It’s very simple; if you have sufficient income to pay your monthly mortgage obligation, it’s very likely you can negotiate something with your lender to stop foreclosure. 

 If you attack the issue from a legal standpoint, you must learn about your legal rights and, preferably with the help of a consumer protection attorney, find a technical or legal flaw in the lawsuit to have it dismissed. These flaws could be hidden in the lender’s debt collection attorney not following your state’s rules of civil procedures (for instance: You were served improperly) or by digging into the foreclosure complaint and court docket to see if there is an actual plaintiff’s proof of ownership of the promissory note, or if the original promissory note has been filed in the court records, or any of the other twenty-something reasons I talk about in my book that could make a judgment void. 

 There is a lot of literature on the internet and in bookstores about the debt collection industry, on how to stop foreclosure dealing with the lenders, about how debt collections works, about what to expect from debt collectors, etc, etc. However there is little information about how to navigate the legal system, on how to file pleadings and motions and on how to execute the steps necessary to win the debt collection battle in court. Almost nobody explains to you in simple terms how the legal system works and how you can use it to your advantage to win lawsuits against you regardless of the type of lawsuit (civil or criminal). Attorneys have kept this information for themselves. I’ve accumulated thousand of notes in my long and exhaustive research on this topic. 

Would YOU like to have access to my trusty old yellow notepad? 
 
 (Well, not my actual notepad with my messy handwriting, coffee stains)
 
 I mean, what if I had taken everything in my yellow notepad, that helped many homeowners in financial distress, PLUS what we've learned in the past few years as a real estate investor, and compiled it all into a clear, concise, manual called HOW TO LEGALLY BEAT DEBT COLLECTORS!
	•	You don’t have to spend countless hours amassing dozens of pages of scribbled notes. 
	•	You don’t have to contact dozens of other people to find out what their experiences are. 
	•	You don’t have to hang out in chat rooms or Internet forums.
	•	You don't have to take your chances with "Foreclosure Assistance," Chapter 13 bankruptcy, or debt relieve schemes.
	•	You don't have to buy real estate investing and law guidebooks.
	•	You don’t have to read law books until your eyes are bloodshot.
	•	You don’t have to sweet-talk your County Clerk to get the inside scoop on your case.

 Because, I’ve done all the work for you! 

 I’m not talking about hundreds of pages of mind-numbing garbage where you have to wade through all the fluff and filler to figure out what is crap and what is good information. 

 HOW TO LEGALLY BEAT DEBT COLLECTORS contains chapter after chapter, page after page of proven techniques -- clear, concise, how-to information that will give you the tools you need to very likely STOP this nightmare.

To your success,

Julio Martinez-Clark


The contents of this website are for educational and instructive purposes only; visitors are always encouraged to seek the advice of legal counsel in their geographical area. Responses to submitted questions are generalized and may not be specific to the visitor's state or area. You may find an attorney specializing in consumer rights at www.naca.net or consult your local bar association

P.O. Box 150126 - Altamonte Springs, FL 32715
info@beat-debt-collectors.com

To your success,

Julio Martinez-Clark


The contents of this website are for educational and instructive purposes only; visitors are always encouraged to seek the advice of legal counsel in their geographical area. Responses to submitted questions are generalized and may not be specific to the visitor's state or area. You may find an attorney specializing in consumer rights at www.naca.net or consult your local bar association

P.O. Box 150126 - Altamonte Springs, FL 32715
info@beat-debt-collectors.com

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