SMOKING GUN

 

Article 51.002(b) of the Texas Property Code provides the method for giving notice of a foreclosure sale, as follows:

(b) Notice of the sale, which must include a statement of

the earliest time at which the sale will begin, must be given at

least 21 days before the date of the sale by:

(3) serving written notice of the sale by certified

mail on each debtor who, according to the records of the mortgage

servicer of the debt, is obligated to pay the debt.

Additionally Tex. Prop. Code Ann. § 51.002(b)(3) (Vernon 1995). "Service of notice [of trustee sale] by certified mail is complete when the notice is deposited in the United States mail, postage prepaid and addressed to the debtor at the debtor's last known address as shown by the records of the holder of the debt."

Basically, i should have gotten notices  via USPS, Certified Mail to my Address.  The Address that they mailed my Mortgage statements to as well as where they mailed the Notice of Default too.    This is the first and most basic step in a non-judicial foreclosure.  The Attorneys at Stephen and Mann even state they are ‘Foreclosure Specialist”. 

 

BANG BANG! 

Bad for them, good for me.  I just need a lawyer to take this into court before the judge. In my favor,  the Texas Courts and the Texas Supreme Court have consistently ruled that the servicing of notices must be strictly adhered to especially when it involves taking a person’s home.   When the creditor fails to give the notice required by law, the purchaser is not a bona fide purchaser, making the foreclosure sale invalid. Houston First Am. Savings v. Musick, 650 S.W.2d 764, 769 (Tex. 1983).

“OH!  YOU GOT ME!”"

Consequently, the debtor is entitled to judgment canceling the deed conveyed in the foreclosure sale. Shearer v. Allied Live Oak Bank, 758 S.W.2d 940, 942 (Tex. App.- Corpus Christi 1988, pet. denied).

…………I believe we have a winner…

In a Wrongful Foreclosure Suit, the aggrieved party is entitle to damages.  Punitive, Compensatory, and even Emotional Distress.  (I think i have that covered hands down) and the amount of those damages are far more than amount I ever owed on my Loft.  

HSBC has harassed me, lied to me, forced me into bankruptcy, stole my home, made me fight my battle with out legal assistance, removed form me the joy of my loft and what it held for me.  Its wrong, it was done by a company and law firm that knows better and should have not made the mistake and on notice of it should have moved to correct it.  They didn’t .  They were continually rude and my emotional state is so scarred i hardly know me any more.

So, next steps… I still need help and help by tomorrow to go to court and have the Writ of Possession Quashed.  Then to set aside or void the Foreclosure and return the property deed to the owner – ME! 

 

following is the Motion I've been diddling with … anyone know how to help or someone who would?