E. Normis Debtor and Robert Paisola.

E. Normis Debtor recently posted the following on his foggy bottom blog

Posting, or publishing in any form, copyrighted material without the real authors permission, can expose one financially if the author chooses to pursue a private right of action against the publisher.

// posted by E. Normis Debtor @ 4:18 PM

Maybe the E. Normis Debtor should remember that when he reposts material he steals from other people's blogs and web pages without giving link credit to the original author at the very least.

This author always gives E. Normis Debtor lots of credit which you can easily find at Technorati by putting E. Normis Debtor in the search box.

E. Normis Debtor
E. Normis Debtor

E. Normis Debtor and his nonsense postings

Monday, June 11, 2007

Creditwrench on replevin

Here is some recent advice posted by Creditwrench CEO Billie Bauer to those who might be facing an action in replevin.

"So if you are in foreclosure.....The first thing you need to do is to make as certain as possible that your home is totally secure, otherwise you too can come home to find your home stripped"

Absolute nonsense.

Absolute nonsense is it? Since when is it absolute nonsense to make certain that your home is as secure as possible?

You can't make your home secure enough to remove it from the reach of the mortgage company if they have taken the necessary legal steps to take possession.

IF, IF, IF, IF, always an IF in there, isn't there? Problem is that mortgage companies don't always take the necessary legal steps first. They have companies to whom they send lists of their homes which they are going to foreclose on. These companies are paid to watch the homes on their lists to see to it that they are not abandoned and left unattended. If they find a home that appears to have been abandoned they have orders to drill out the locks and replace them with new ones. They are also supposed to "winterize" the homes even though the daily temperatures
are in the triple digits. They usually don't want to have to go to all the trouble of drilling out the locks if they can find an open window or door to gain entrance through but they will drill out the locks if they can't find an easier entrance point. If they can find an easy entrance point they prefer that to standing outside the home in broad daylight drilling out the locks. Causes less problems if a patrol car happens by and thinks there might be suspicious activity going on. This process of locking out the home usually isn't a problem because it normally happens when the home has truly been abandoned and is obviously vacant. But if it is done before all the legal steps have been taken then it is an illegal eviction and it happens with regularity. The E. Normis Debtor jumps to conclusions in his haste to defame yet once again.

Someone doesn't just show up with a u-haul and start moving out your furniture. That's how people get shot. They arrive with the sheriff in tow. The sheriff takes possession of the property by court order and allows the creditor to take whatever steps are necessary to enter the property.

No, they don't just show up with a u-haul and start moving out your furniture. If there is any furniture in the home they just throw it out on the curb for the trash man or whoever to haul it away for them. They don't take that much time. And if the homeowner isn't there and apparently hasn't been there for at least a few days then who is going to shoot them, the neighbors?

The more "secure" you make your residence, as suggested by Creditwrench CEO Billie Bauer, the more damage will occur during their entrance. But, enter they will....period.

Wrong again Normie. There normally isn't any damage at all. They simply drill out the locks if they can't find an open window or door and replace the locks with new ones. They are paid to clean up the property and get it ready to go on the market, not damage or destroy property. But sometimes they go too far and don't investigate enough. They are supposed to watch the property for a few days to see if there might be some activity or signs that the property is still occupied before they do their handiwork but sometimes they don't.

Your state statutes clearly define what steps a creditor must take in an action in replevin, or repossession of real property.

In most states, a creditor must post a bond with the court in an amount equal to or greater than the value of the property they are seeking to take possession of.

If it is later adjudged that their taking possession of the property was not in accordance with local laws, that bond is used to compensate the homeowner for any damages. And statutory damages can run as high as double the value of the property.

So contrary to Creditwrench CEO Billie Bauers false and misleading advice, the first thing you should do when faced with a foreclosure action is to consult legal counsel to ensure your legal rights are protected.

OH sure Normie. More of your useless advice. Useless because most people in foreclosure don't have the funds to pay for competent legal counsel even if one was available. There are no attorneys in Oklahoma willing to take on such cases. I do know of one who claims he will do that but the only way he will is if he thinks he can file a big lawsuit on the creditors for some violation of law. Then he makes the homeowner sign a contract which stipulates that if he files a lawsuit and wins he gets 60% of the take and they get the rest after costs. Problem is that if you check his public record you will find that he has never filed a lawsuit against any creditor in any court. Like you, Mr. E. Normis Debtor, he is nothing but a scam. Normie claims that the creditor has to put up a bond to foreclose on a home that is equal to the value of the home or greater. Not in Oklahoma they don't! And in fact, the creditor is seldom the plaintiff at all in a foreclosure action. The plaintiff is usually some other entity such as Mortgage Electornic Registry Systems acting on behalf of the creditor. MERS claims to hold title to more than 36 million homes throughout the United States but in reality holds not even one mortgage or note.

E. Normis Debtor
scam
foreclosure
replevin
Mortgage Electronic Registry System.
MERS
mortgage
note