Aug 14, 2014 5:08 PM

Foreclosure?

Yes

So, you filed a UCC lien as a Secured Party Creditor, but you don't know how to enforce it? Lot of questions here....

1) What state? 2) Judicial or non-judicial state? 3) Who told you the status of "SPC" would prevent foreclosure when you don't make payments?

Just for starters.....

1) ontario

2) was making payments ..they didn't want to renew ...nd unfortunately couldn't get re-financed

I'm sorry.....I'm in the States and am only familiar with the procedure here. Good luck....

Thanks

If you wouldn't mind what are the procedures in the states

Too long to type it all here. First, if you are in a judicial state, the foreclosure must go through the court system. If it is a non-judicial state, it doesn't and they can foreclose without going through the court.

Do you have any idea if your mortgage was securitized?

They received summary judgement in court already

Not sure if this is valid there, but consider filing a "skeleton" bankruptcy to hold off the eviction. That would buy you some time to study your ass off & fight this.

What entails a skeleton bankruptcy

Tracy, please just Google the different forms of bankruptcy for Canada. In the States, filing bankruptcy will stop a foreclosure for a limited time. I have no idea how this works in Canada and I only said to "consider" it. It is a "last resort" thing to do. This is NOT legal advice.

Yes I am and yes we can do it here ..thank you for your intellect

I know it's not legal advice

by what authority? whom is the sherriff acting for?

He said his authority is the attorney general lol

so the authority comes from the general ledger.

IF the loan was securitized, the Bank has no Standing to foreclose IF they are only the Servicer of the loan. If the loan was "securitized", the only rights the Bank has is that of the "trustee". The Bank can ONLY transfer what they possess, which in this case, would be that of the Trustee. Sheriff is acting as a Trustee.

The loan was securitized it is harder to get all the proof needed to kick their ass than it is in the states

Tracy, it may not be as hard as you think. Look at your loan documents, specifically the ones you signed at closing. Look at the Deed of Trust and at who is listed there.

These loans are monetized into Trusts. You can look for your loan number, by the Bank name on the NYSE. Oops....New York Stock Exchange and look for a Trust close to the date AFTER your loan closed.

This is a little late in the game......file the bankruptcy first if you want to fight to save your home. That will give you time to dig for the information you need.

Yes I have original loan was GE money and than industrial alliance

Thanks sue already talking to someone about bankruptcy

If I am not mistaken there are no sheriffs in Ontario. Mike Harris got rid of all of them so find out who is trying to impersonate a LEO

and do they have the original note not a copy the original

They have never shown a note..I have a UCC filling from 2 years ago but haven't been able how to enforce it here in ontario

Can't do the bankruptcy

It only covers unsecured debts

if they don`t have the original note they can`t collect on some thing they don`t own

note credit agreement they are all financial insturments

the bank has already been paid

Unfortantley the courts here don't give a rats ass what u have to say...no matter how much evidence you have which was in this case

Didn't listen to anything ..so they got their summary judgement now I have to get the out

did you bother to investigate the judges Past ? did he at one time work as a lawyer for one of the banks

No I haven't ..hmm

I taped the sheriff speaking to me ..he also said if I did not leave I would be arrested ..what a threat

Also asked why I was taping

LOL because i can thats why

I told him I have a right to do it

http://removingtheshackles.blogspot.ca/2013/03/canadian-banker-caught-with-hand-in.html

BRASS subsequently recalls a conversation he had with a retired Ontario sheriff some years ago, in which it was explained that when Ontario Premier Mike Harris was in office in the late 1990s, he closed down all the sheriff’s offices in the province and replaced these seasoned officers with desk clerks.

if some one was posing as a sheriff they were impersonating an officer of the law a criminal offense

Thank you for the article started reading it ..do the next step is to put them on notice

go back to the acting sheriff and ask them why they were attempting to impersonate an officer of the law . Ask them if they realize that to do so is a criminal offense also if they signed any documents as acting sheriff they committed an act of fraud and are subject to arrest for doing so