Edward H. Smith
PMB 296 at 816 Elm St.
Manchester, NH 03101

Fax:(603) 218-6624 ehsportal@gmail.com  

Today is Tuesday, April 23rd, 2024
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Welcome    


0.0 - For New Visitors
0.1
The Housing Bubble    
0.2
Homeowner Facts    
0.3
Using This Site    

1.0 - For Users
1.1
Unique Purpose and Objectives    
1.2
Disclaimer & Copyright Notice    

2.0 - Useful Links
2.1
Online Reference Sites    

3.0 - Key Concepts
3.1
Loss of Equity    
3.2
Securitization and Derivatives    
3.3
Foreclosure Defense Basics    

4.0 - Analysis
4.1
Ten Key Questions    
1.
2.
3.
4.
5.
6.
7.
8.
9.
10.
Mortgage Holder?
Note Holder?
Assignments?
Servicer(s)?
Accounting?
Total Liens?
Market Value?
Equity?
Foreclosure Alternatives?
Pending Foreclosure?
   

5.0 - Options
5.1
Foreclosure Defense Checklist    
 
Notice Deficiencies
   
 
Lack of Debt Validation
   
 
Lack of Legal Standing
   
 
Forbearance Frauds
   
 
Verbal Misrepresentation Tactics
   
 
Forgeries & Fake Documents
   
 
Securitization Issues & Blank Endorsements
   
 
Conflicts of Interest
   
5.2
Contingent Liabilities    
5.21
Mortgage Modifications    
5.22
Short Sales    
5.23
Deed-in-lieu of Foreclosure (DIL)    
5.24
Bankruptcy    

6.0 Strategy
6.1
Mindset    
6.2
Pitfalls    
 
Deadlines
   
 
Pro-Active
   
 
Writing
   
6.3
Strategy Components    
 
Debt Dispute
   
 
Current Investment
   
 
Housing Crisis
   
 
Attempted Modification
   
 
Title Defects
   
 
Document Requests
   
 
Note Details
   
 
Response & Resolution
   
 
Deception
   
 
Good Faith
   
 
Legal Standing
   
6.4
Strategic Summary    

7.0 Exhibits
7.1
Exhibit A
General Information for Homeowners Facing Foreclosure
   
7.2
Exhibit B
The Real Solution to the U.S. Mortgage and Foreclosure Crisis
   
7.3
Exhibit C
The Power of a Letter
   
7.4
Exhibit D
Foreclosure Defense - Actual Letters
   
7.5
Exhibit E
Legal Issues, Considerations, & Representation
   
7.6
Exhibit F
Additional Information and Help With Your Foreclosure Defense
   
7.7
Exhibit G
Homeowners' Petition
   

8.0 - Basic Pro Se Guide
8.1
Disclaimer    
8.2
Instructions    
8.3
Contents    
8.31
Court Procedures & Rules    
 
Case Name & Number
   
 
Court Rules
   
 
Failure To Appear
   
 
Continuances
   
 
Fundamental Right To Be Heard
   
 
Pleadings & Communications
   
 
Basic Hearing Procedures
   
8.32
Facts & Evidence    
 
Information To Gather
   
 
Discovery
   
8.33
Applicable Law    
8.34
Case Management    
 
Setting Up Files & Records
   
 
Case Strategy
   
8.35
Trial & Decision    
 
Standards Of Proof
   
 
Settlement Options
   
 
Case Presentation
   
 
Final Decision
   
8.36
Appeals    
 
Appealing A Court Decision
   
 
Protecting Appeal Rights
   
8.37
Common Misconceptions    
 
The Court Will Protect Your Rights
   
 
The Truth Will Prevail
   
 
Judges Are Impartial
   
8.38
Additional Information and Resources    
 
Intimidation Tactics
   
 
Financial Considerations
   
 
Extra Help & Referrals
   

9.0 - Case Law
9.10
Fraud on the Court    
9.11
Abuse of Process (NH)    
9.12
L/T Trial Transcript (NH)    
9.13
Amendment to Pleadings (NH)    
9.14
Substance over Form (NH)    
9.15
Related Cases (NH)    
9.16
Firsthand Review (NH)    
9.17
Factual Findings (NH)    
9.18
Dismissals (NH)    
9.19
Summary Judgment Standard (NH)    
9.20
Attorney Truthfulness (NH)    
9.21
Fraud (NH)    
9.22
Compensatory Damages (NH)    
9.23
Collateral Estoppel & Res Judicata NH)    

10.0 - Court Decisions
10.1
NH Court Decisions    
10.2
MA Court Decisions    



 

Homeowner Facts


Here are several key facts and circumstances that have evolved from the bursting of the U.S. housing bubble:

  • In the past 5 years, approximately 4 million U.S. families have lost their homes to foreclosure.

  • Almost 25% of U.S. homeowners owe more mortgage debt than their home is worth.

  • Since 2006, median U.S. single-family home prices have dropped 30%.

  • Total net U.S. homeowner equity is projected to go negative in 2013.

  • The foreclosure epidemic is linked to increased crime, anxiety, and suicide.

  • Researchers believe that children suffer more than anyone from foreclosures.

  • Massive foreclosure fraud continues unabated in the U.S. today.

  • Five U.S. banks recently agreed to a $25 billion mortgage fraud settlement.

  • "Securitized" mortgage loans are those packaged, bundled and sold to investors.

  • Many mortgages were pooled as part of many different derivative packages.

  • The U.S. taxpayer, via the FDIC, is on the hook for derivatives in U.S. banks.

  • U.S. foreclosures have averaged 1.6 million per year for the last 5 years.

  • Over 90% of foreclosed properties in the U.S. are being held off the market.

  • U.S. home ownership is at the lowest rate in nearly 50 years.

  • The foreclosure rate for people over 75 years old grew eightfold from 2007 to 2011.

  • 54% of CFPB complaints involve problems with mortgage loan modifications.

  • U.S. new home sales fell 8.4% in June, 2012.

  • HAMP was fundamentally designed to help banks, not homeowners.

  • Over one million U.S. homeowners have now been kicked out of HAMP.

  • Nearly 50% of borrowers under age 40 are underwater on their mortgage loans.

  • 80% of Americans aren't refinancing or buying due to economic uncertainty.

  • 32% of Americans believe it's OK to strategically default on home mortgages.