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After escaping foreclosure 3 times, filing chapt. 13 then 7, the third time as they say, was the charm! For two years I have been investigating possible mortgage fraud involving my elderly in-laws and original lender New Century Mortgage Corp. After much persistence and determination, I was finally able to convince our Bankruptcy attorney to look more in depth regarding the "Note" to see if by chance there even is one that exists. Skipping all the boring details, our BK att. filed a restraining order on Feb, 24 2009 court hearing was the next day, the 3rd foreclosure sale was set for March 2, 2009 only 3 business days away! Here's what happened in court!.................................

The Judge, the Honorable Arthur S. Weissbrodt, U.S. Bankruptcy Court, San Jose, Ca. Division, asked our lawyer, Marc Voisenat "have you ever done a case like this?" the lawyer replied, "no your Honor" the Judge said, "neither have I, have a seat counsel, we're going to be here a while" The Judge then proceeded to look thru his law books.

He then contacted Saxon Mortgage Company's Attorney's via land line and there in the court room had Saxon's Attorney's on speaker phone. As the Judge read the new mortgage laws to the Attorney's while on speaker phone, Saxon's attorney's requested that the Stay be lifted and the March 2 sale commence, but the Judge wasn't having that! In fact, well, let's just say he really gave it to them good boy! Reprimanding them for not offering a loan modification, questioning why this elderly couple qualified for a $930,000 loan on a fixed income in the first place, and among many other issue's, gave them until the 16th of March to produce the original Note! Can you believe the phone went dead! Saxon's attorney's actually hung up on the Judge!

Judge made two attempts to get them back on the phone but there was no answer!

I'm not saying this will work for everyone, but I really can't say WHO it will work for so you it can't hurt to try it if your going to lose your home anyway! There are MANY illegal foreclosures going on right now, and if any of you can make this "Note" strategy work to prove the one's foreclosing on your property do not have the right to, hey GOOD FOR YOU!

If your in San Jose, Ca. Bay Area and would like to contact our Bankruptcy Attorney, please do,

Marc Voisenat Office: 510-272-9787

Cell: 510-610-6800

Meanwhile, as we await the "Note" day, something else exciting happened! ABC 7 News contacted me and Michael Finney (those of you who watch this channel know who he is) is coming to our home March 25 09 to do a story on the "Note" strategy! Boy, I must have really opened a big can of worms! LOL

Also, there have been a few of you who tried to e-mail me but I lost many e-mails when my pc kicked the bucket recently, I apologize and I hope you see this so you will know it was not intentional that I didn't reply. So please e-mail me again if you'd like, I'm on a better machine now! LOL

What would we do without our computers hugh? LOL

dturtledove @



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To those who are reading this: Just as a collection agency must prove to you that they have the right to collect the amount they are stating, so to does a mortgage company have to provide LEGAL proof that they in fact have the right to foreclose on your home.If someone is going to sue you for anything..

make sure they have the right to make that claim.

Send the request certified mail and keep a copy.If they don't comply with your request, get a lawyer and countersue them.


Hi. We are faced with a similar circumstance :cry I have read your case before but have not heard the outcome. what was the final results?


Congratulations! Good luck everyone!

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