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Texas foreclosure: How not to go about saving the house

When a resident of Texas is faced with the possibility of losing their home to foreclosure, the first reaction is very likely one of panic, followed by a scramble to find some way of averting the process. That scramble can very easily lead a person down some dangerous paths that won't deliver the desired outcome. It's always best to seek the help of an experienced attorney.

It is through such a consultation that one can scope out options and learn what might be the best way to stave off a mortgage foreclosure action. Among the options likely worth considering is Chapter 13 bankruptcy. If a consumer is eligible to file for bankruptcy protection, they can put a halt on foreclosure proceedings and possibly work out a schedule of getting caught up on missed mortgage payments.

What can happen otherwise is presented by the example of a recent case out of Minnesota. A husband and wife who formerly had a home in Minneapolis are now each serving two years in prison for filing fake liens against an array of public officials in a bid to counter the foreclosure of their home in 2009.

They apparently had learned through an online acquaintance about a strategy of filing Uniform Commercial Code liens which they were told would allow them to retaliate for their economic difficulties. They reportedly made the filings using the name "Blessings of Liberty," which they'd been told would protect them from liability. That was wrong.

In all, they filed liens against 12 public officials in an amount totaling $114 billion.

At some point, the couple pleaded guilty to charges in connection with the case and as part of the deal they were to rescind all the liens filed. They did not take those actions and later sought to withdraw their pleas. Last week, a judge rejected that request, found them in violation of their plea deal. They were immediately ordered to prison.

It is possible that there may be more to this story than just the foreclosure issue. That's not relevant to our discussion here. What is relevant for readers is to know that the best way to achieve the outcome desired is to consult an experienced attorney about legal options.

Source: St. Paul Pioneer Press, “Minneapolis couple who filed false liens get 2 years each,” Emily Gurnon, June 9, 2013

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