Comments on: Foreclosure Practices in North Georgia Come Under Scrutiny http://www.thebklawyer.com/thebkblog/2008/04/02/foreclosure-practices-in-north-georgia-come-under-scrutiny/ Personal Bankruptcy tips and tricks moderated by Atlanta lawyer Jonathan Ginsberg Tue, 17 Jan 2012 01:57:46 +0000 hourly 1 By: Seanmilburnhttp://www.thebklawyer.com/thebkblog/2008/04/02/foreclosure-practices-in-north-georgia-come-under-scrutiny/#comment-12596 Seanmilburn Sun, 31 Oct 2010 17:59:44 +0000 http://www.thebklawyer.com/thebkblog/2008/04/02/foreclosure-practices-in-north-georgia-come-under-scrutiny/#comment-12596 <p>Hello I am in Ga and have similar things happening. I have eight rental propertys that I have worked hard for ten years to get. I was not fly by night kind of guy as seen by being able to hang on this long. I am behind on payments and don't have any income of selling houses to float them any more. Any help or advice will help. Thanks for your time and help. Sean.</p> Hello I am in Ga and have similar things happening. I have eight rental propertys that I have worked hard for ten years to get. I was not fly by night kind of guy as seen by being able to hang on this long. I am behind on payments and don’t have any income of selling houses to float them any more. Any help or advice will help. Thanks for your time and help. Sean.

]]> By: Reuben Nieveshttp://www.thebklawyer.com/thebkblog/2008/04/02/foreclosure-practices-in-north-georgia-come-under-scrutiny/#comment-9268 Reuben Nieves Fri, 04 Apr 2008 17:15:33 +0000 http://www.thebklawyer.com/thebkblog/2008/04/02/foreclosure-practices-in-north-georgia-come-under-scrutiny/#comment-9268 I am a realtor in Sacramento whose income has gone down to 0 as a result of the massive predatory lending which all of the lenders have participated. There unwillingness to deal with the owners in the subprime market when the loans were to reset and the spread to Alt A which led to massive foreclosures and a chilling effect on the housing market, massive layoff in related businesses, massive writedowns in the value of houses has done financial injury to me and has affected my ability to repay my mortgage. My lender, Wachovia Bank, participated in the subprime and Alt A market with there Stated Income, Stated Asset products. They wilfully blinded themselves to the risk. They are now at my door ready to foreclose on my home most likely through a non judicial foreclosure which is most likely unconstitutional since it does not afford me procedural due process. The California foreclosure law does state that this proceeding is without any court involvement. There is a federal remedy 42 US 1983 that affects any person who uses a state law, ordinance, etc to deprive a citizen of any right protected such as property would be liable in an action at law, suit in equity from such a deprivation. Moreover, could I claim that the wrongdoing of Wachovia sufficient to invoke the affirmative defense of "unclean hands" in a judicial foreclosure proceeding? Also, there is a class action lawsuit against Wachovia, MANDRIGUES V WORLD SAVINGS, INC., AND wACHOVIA MORTGAGE CORPORATION, C07 04497 in which I am an un-named plaintiff involving violations of TILA. If you email me I will send you a copy of the lawsuit. Yours truly, Reuben Nieves 916 247 6260. I am a realtor in Sacramento whose income has gone down to 0 as a result of the massive predatory lending which all of the lenders have participated. There unwillingness to deal with the owners in the subprime market when the loans were to reset and the spread to Alt A which led to massive foreclosures and a chilling effect on the housing market, massive layoff in related businesses, massive writedowns in the value of houses has done financial injury to me and has affected my ability to repay my mortgage. My lender, Wachovia Bank, participated in the subprime and Alt A market with there Stated Income, Stated Asset products. They wilfully blinded themselves to the risk. They are now at my door ready to foreclose on my home most likely through a non judicial foreclosure which is most likely unconstitutional since it does not afford me procedural due process. The California foreclosure law does state that this proceeding is without any court involvement. There is a federal remedy 42 US 1983 that affects any person who uses a state law, ordinance, etc to deprive a citizen of any right protected such as property would be liable in an action at law, suit in equity from such a deprivation. Moreover, could I claim that the wrongdoing of Wachovia sufficient to invoke the affirmative defense of “unclean hands” in a judicial foreclosure proceeding? Also, there is a class action lawsuit against Wachovia, MANDRIGUES V WORLD SAVINGS, INC., AND wACHOVIA MORTGAGE CORPORATION, C07 04497 in which I am an un-named plaintiff involving violations of TILA. If you email me I will send you a copy of the lawsuit.

Yours truly,

Reuben Nieves
916 247 6260.

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