Update of 11/23/10:

Please read the article below!!!

Foreclosures ARE FRAUDULENT in over 95% of cases because banks submit fraudulent affidavits and other paperwork in the foreclosure proceedings. Also, banks INTENTIONALLY give homeowners WRONG advices in order to force them into foreclosure:

 11/23/10 5 ways for a bank to defraud a homeowner and foreclose:

http://www.propublica.org/blog/item/primer-what-is-a-wrongful-foreclosure 

http://news.yahoo.com/s/ap/us_foreclosure_mess

[2] 10/7/10 AG Holder to “look into” allegations that mortgage lenders in the foreclosure crisis have been evicting homeowners using flawed court papers; Ohio’s AG is suing Ally Financial Inc. and its GMAC Mortgage division, alleging fraud in handling foreclosure cases:

http://www.google.com/hostednews/ap/article/ALeqM5guMUpb2XtK6IFks9xhfDdZlQ7gogD9IMFC4O0?docId=D9IMFC4O0 

[3] 10/4/10 “Bank changes locks on occupied, foreclosed homes” (banks have become “intoxicated with power” because there are no consequences to sending contractors out to brake into homes that they DO NOT own; owners can live in their homes until COMPLETION of the foreclosure sale, which can take months or years):

http://www.heraldtribune.com/article/20101004/ARTICLE/10041051/2416/NEWS?p=all&tc=pgall&tc=ar

[4] 10/1/10 CA AG Jerry Brown called for JP Morgan Chase to halt foreclosures in CA:

http://www.housingwire.com/2010/10/01/california-ag-demands-jpmorgan-chase-halt-foreclosures-2

Update of 8/23/10:

Please read the article below!!!

 Foreclosures may be unlawful if Mortgage Electronic Records System (MERS) involved:

 http://www.yesmagazine.org/new-economy/homeowners-rebellion-could-62-million-homes-be-foreclosure-proof 

Legal Disclaimer: SelfRepresentedFool IS NOT a licensed attorney and DOES NOT provide or intend to provide a legal advice. The information below is “information” provided under the Freedom of Information Act and the Free Speech Amendment.

Here's what likely happens in the US in a foreclosure case (assuming the foreclosure and sale go through the judicial process, NOT non-judicial foreclosure and trustee sale):

1) The BANK files a complaint against a common person who has not paid his/her mortgage for 2-3 months;

2) That common person MUST file a response, but often DOES NOT;

3) The case is set for a Case Management Conference, and the JUDGE issues an order that if the common person DOES NOT respond, then the case will go by DEFAULT.

4) If the case goes by DEFAULT (many cases do), then the JUDGE issues AN ORDER directing the home-owner to vacate his/her home.

If the case DOES NOT go by default, but the home-owner is SELF-REPRESENTED (most cases), then the JUDGE RULES IN FAVOR OF THE BANK and orders the home-owner to vacate his home. The JUDGE also RULES that the BANK IS THE NEW OWNER of that home. 

5) If the home-owner REFUSES to vacate his/her home (which is technically HIS/HER until all the deadlines for appeal of the judge’s order have passed), the BANK waits until the end of appeal deadlines and then files a motion in the court to ENFORCE THE ORDER TO VACATE. The JUDGE issues an ENFORCEMENT ORDER. This becomes an INVOLUNTARY EVICTION, and the home-owner is given a NOTICE OF EVICTION.

6) Police acts as enforcement hand of the JUDGE'S EVICTION ORDER, NOT as a BANK'S AGENT.

7) The home-owner who refused to obey that JUDGE'S ORDER to vacate can be punished for civil contempt of court and for a misdemeanor such as disorderly conduct and for a crime such as obstruction of justice and unlawful trespassing.

The key to STOP FORECLOSURE process is TO FILE A RESPONSE stating that the BANK DOES NOT HAVE A CAUSE OF ACTION and / or LEGAL STANDING because:

a) the bank DID NOT PROVE THE OWNERSHIP OF THE MORTGAGE LOAN AND  [5], [6], [7]; and

b) the bank has NO RIGHT TO FORECLOSE THE SUBJECT MORTGAGE because the ASSIGNMENT OF THE MORTGAGE INTO BANK WAS "IN BLANK". [5]

c) the bank suffered NO DAMAGES as a result of non-payment of a mortgage loan because the BANK WAS “MADE WHOLE” via the mortgage securitization process. [1], [19]-[22].

 Also VERY IMPORTANT, a home-owner SHOULD FILE A DEMAND TO THE BANK for production of documents, specifically to PRODUCE THE ORIGINAL MORTGAGE as a proof of ownership of the mortgage loan. [5], [8], [11]

If the foreclosing BANK IS AN ASSIGNEE IN BLANK OF THE ORIGINAL MORTGAGE LOAN, then such assignee DOES NOT HAVE A LEGAL RIGHT TO SUE the home-owner. ONLY the ORIGINAL BANK that issued a mortgage loan or a SPECIFIC ASSIGNEE (assignments must be EXPLICITLY to ASSIGNEE IN A RECORDABLE FORM [5]) has a legal right to sue the home-owner for breach of contract. [5] 

“Authorized Agents” of the original bank ARE NOT explicit Assignees, and, thus, DO NOT have legal rights to sue the loan holder. [5]

[CITATION]
IT IS THEREFORE ORDERED that the Deed of Trust recorded with Orange County Recorder as instrument No. 2007000731120 on 12/12/2007 is wholly voided as to plaintiff Laura Nguyen.

IT IS FURTHER ORDERED that Defendant First American Loanstar Trustee Services record a DEED OF RECONVEYANCE to reconvey unto Plaintiffs thereto all right, title and interest which was heretofore acquired by First American Loanstar Trustee Services under deed of trust recorded with Orange County Recorder as instrument No. 2007000731120 on 12/12/2007.

IT IS FURTHER ORDERED that all adverse claims against property known as 16141 Quartz Street, Westminster, CA 92683 are quieted. The legal description of said property is: .... IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY. Assessor’s Parcel No.: 107-903-44.

IT IS FURTHER ORDERED that the Promissory Note dated 12/12/2007 executed by Plaintiff Paul Nguyen in favor of Chase Bank USA, N.A. rescinded pursuant to 15 U.S.C. §1635(i).

[CITATION]