51.903 Texas Government Code
Uploaded by
Jeff Wilner51.903 Texas Government Code
Uploaded by
Jeff Wilner51.
903
TEXAS GOVERNMENT CODE
This unique little statute provides the Texas home owner with an inexpensive and expedited procedure that will stop a foreclosure dead in it's tracks. A 51.903 win essentially pulls the rug out from under the pretender lender's feet by eliminating the fraud they created in your land records all for the sole purpose of stealing your house; This is called...
"ASSIGNMENT FRAUD"
This is the only successful recipe for a 51.903 win!
You should be made aware here that a 51.903 action is not the same as a Quiet Title action, or Suit to Quiet Title. If you ever want to be able to sell your home, then a Quiet Title action is required. But the 51.903 win is the best and easiest first step toward that goal. A 51.903 win guarantees only that the pretender lender in your case will never be able to foreclose on your home! That win can then be used to support your Quiet Title action.
- This document is not a substitute for the advice of an attorney -
READ ON...
Copyright 2012
This procedure and it's use to stop foreclosure is a relatively new concept. There have been only a few successful individual wins so far. And these individuals followed the plan below. Texas Constitution - Texas Statutes...
http://www.statutes.legis.state.tx.us/ CHAPTER 51. CLERKS... http://www.statutes.legis.state.tx.us/Docs/GV/htm/GV.51.htm SUBCHAPTER J. CERTAIN FRAUDULENT RECORDS OR DOCUMENTS... http://www.statutes.legis.state.tx.us/Docs/GV/htm/GV.51.htm#J 51.903 - ACTION ON FRAUDULENT LIEN ON PROPERTY... http://www.statutes.legis.state.tx.us/Docs/GV/htm/GV.51.htm#51.903
"Tex. Gov't Code 22.001(a)(6). Section 51.903 of the Government Code provides an avenue of statutory relief for owners from fraudulent liens and claims made against their property. Tex. Gov't Code 51.903. The relief is limited in scope to creating a presumption that the documents filed against the property are fraudulent. The relief under the statute does not provide for a determination of the underlying claims or issues. The statute provides the property owner with an inexpensive and expedited statutory procedure that is used to clarify encumbrances of title and to enable the freeing of title in an expedited manner. Tex. Gov't Code 51.903(c),(d)."
Beware of false profits... There are groups and individuals that claim to be experts on this subject, and their only purpose is to lead you to failure!
The only winning recipe for a 51.903 is as follows... 1. The 51.903 form, filled out. 2. Your personal affidavit stating your knowledge of the circumstances, the assignments and possibly the mortgage in question, (certified copies) attached, pointing to the documents / exhibits below. (it's all about the fraud) 3. An independent Forensic Mortgage / Securitization Audit / Title Search. (must include all assignments) not attached. Filed just as a supporting document (file separately as an exhibit).
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4. An independent Investigators Report on the audit (preferably by a local document fraud investigator) not attached. Filed just as a supporting document (file separately as an exhibit). 5. File it all in civil court. 6. File a notice of ready in the same court. Be prepared for some trouble at the clerks office. Some do not understand the procedure for the 51.903, and may argue the exparte aspect or more. Be humble. The know it all types seem to lose quite regularly. Let the mortgage audit and the investigator's affidavit do the work. Be sure to show up at the hearing so you can answer the judge's questions or otherwise argue, if you need to. "Section 51 Government Code procedure states that notice prior to a hearing and whether a hearing is to be held at all is a matter of judicial discretion. Tex. Gov't Code 51.903(c)." "The court's finding on this motion may be made solely on a review of the documentation or instrument attached to the motion and without hearing any testimonial evidence. Sec. 51.903 Tex. Gov. Code." Be prepared; The judge can refuse to hear it exparte and demand that the lender is informed. Don't play it that way. You are entitled to an exparte hearing. Fight the issue or withdraw and file again at a later date. There is no rule preventing you from filing your 51.903 as many times as it takes to achieve a win. This procedure is not a law suit. Even if you lose, there is no res judicata, estopel etc. Exparte means nobody else knows and nobody can talk about it, including the clerk and the judge. No need for an appeal, just file it again! Most Texas counties will pick judges randomly each time you file a case. Harris county has a local rule giving you the same judge every time you file. After a 51.903 win, you will want to notify the pretender lender.
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Most lenders, when presented with a homeowners 51.903 win, will cry rights to do process violation. The important thing to remember is that a 51.903 action is a tool and not a law suit. The link to foreclosure is severed. All that's left is the now unsecured balance of the note. That is, of course, if the original note actually, truly exists! Expect noise if you win. This first link is a homeowner doing a 51.903 for his house... This guy, simply did it the wrong way! A failure and bad for everybody attempting the same... Although Texas Law disagrees with this Court's Opinion, in error or not, it stands unchallenged; Learn from others mistakes!...
http://www.2ndcoa.courts.state.tx.us/opinions/PDFOpinion.asp?OpinionId=23047
And this link is an excellent case study that explains some of the possibilities and complications...
http://www.supreme.courts.state.tx.us/ebriefs/10/10029501.pdf - This document is not a substitute for the advice of an attorney ===============================================================
Don't understand the game they're playing?
Read this handbook, the Foreclosure Defense Handbook, written in layman's terms so anybody can understand...
http://consumerdefense.s3.amazonaws.com/ForeclosureDefenseHandbook.pdf
According to CNN people who fight their foreclosures are staying in their houses for years
http://money.cnn.com/2011/12/28/real_estate/foreclosure/index.htm
Copyright 2012
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Copyright 2012